CITY OF FAIRFIELD

INVITATION TO SUBMIT A PROPOSAL

TO PROVIDE WATER DISTRIBUTION SYSTEM SAMPLE COLLECTION

AND LABORATORY ANALYSIS SERVICES

FOR

NORTH BAY REGIONAL WATER TREATMENT PLANT

CLOSING DATE FOR RECEIVING PROPOSALS

November 19, 2026 3:00pm

SUBMIT PROPOSALS TO:

NIGEL BROWNE

SENIOR MANAGEMENT ANALYST

CITY OF FAIRFIELD

5110 WATER WORKS LANE

FAIRFIELD, CA 94533

RFP - 1

CITY OF FAIRFIELD

GENERAL PROPOSAL REQUIREMENTS

BACKGROUND

The City of Fairfield Water Treatment Plant Laboratory is a California Environmental Laboratory Accreditation Program (ELAP) certified laboratory that performs analytical testing in accordance with the requirements of the Safe Drinking Water Act (SDWA) and the California State Water Resources Control Board, Division of Drinking Water. The laboratory conducts microbiological and wet chemistry analyses on raw, processed and finished drinking water to support regulatory compliance, operational monitoring, and the protection of public health. Through these services, the laboratory helps ensure the City of Fairfield continues to provide safe, high-quality drinking water to its customers.

SCOPE OF SERVICES

Proposer to complete regularly assigned duties as outlined in the attached Scope of Services section (Exhibit A) of the attached Professional Services Agreement.

SCHEDULE

The tentative schedule of key milestones related to the NBR Collection and Laboratory Services Request for Proposal are as follows:

Milestone Date Issuance of Request for Proposals October 1, 2026 Written Questions Submission Deadline October 19, 2026 City Response to Written Questions October 30, 2026 Proposals Due to City (by 3:00 p.m.) November 19, 2026 Staff Recommendation to Council January 19, 2027 Contract Award January 19, 2027 First Day of Services April 1, 2027

RFP - 2

PROPOSAL REQUIREMENTS

Proposal shall be submitted bound or in binder or booklet form, computer-generated or typewritten, with the following information:

1. Letter of Introduction on company letterhead to include company background, office location and mailing address, telephone and FAX numbers, company principals, and primary contact(s).

2. Laboratory State Certification Size of staff, staff credentials/qualifications, staff training programs.

3.

4. A detailed outline of services to be provided

5. Pricing shall be provided for all years as specified on the Price Proposal Form

(Attachment 1).

6. A minimum of three (3) references for similar services. References must include (at a minimum) contract time frame, contact person for contract and telephone number,

7. Statement of Insurance Coverage.

8. Addendum Receipt Signature Page, Attachment 2, acknowledging any and all addenda issued against this solicitation.

9. Acceptance Statement: The proposal shall include an acceptance statement regarding the security firm’s acceptance of the City’s requirements for professional services agreement, insurance and indemnification, and business license. Any exceptions to these requirements may render proposer’s submittal non-responsive. A principal, officer or owner of the firm with authority to bind the security firm, shall sign this acceptance statement.

10. One (1) original and two (2) copies of the proposal shall be submitted.

Proposer’s failure to comply with the requirements of this Request for Proposal shall render proposer’s submittal non-responsive.

PROFESSIONAL SERVICES AGREEMENT

The form of the Professional Services Agreement, Attachment 3, is attached. Proposers are expected to review the agreement and provide any exceptions to its terms as part of the submission of the Proposal.

SUBCONTRACTING

No proposer shall subcontract any part of the work or services under the contract, without first submitting the name and qualifications of the proposed subcontractor who shall perform any part of the work and receiving the City of Fairfield’s written approval of the subcontractor. It shall be understood that the proposer shall be fully and solely responsible for the named sub-contractor and for the work done by the sub-contractor in any service contract scheduled by the City of Fairfield with the proposer. All applicable terms and conditions arising from the contract will apply to the sub-contractor.

RFP - 3

INSURANCE AND INDEMNIFICATION REQUIREMENTS

During the course of this service, the City of Fairfield will be named as an additional insured showing the following general minimum insurance requirements:

1. Commercial general liability insurance in the amount of $1 million per occurrence for bodily injury, personal injury and property damage.

2. Automobile insurance in the amount of $1 million per occurrence.

3. Workers’ Compensation insurance to cover its employees in the amount of $1 million per occurrence for bodily injury or disease.

The requirements will also include indemnification and hold harmless provisions on behalf of the City of Fairfield.

BUSINESS LICENSE REQUIREMENTS

The firm must hold or obtain a business license in the City of Fairfield for any work within City limits.

STATE EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS

The State Employment Development Department requires the firm to provide information to the City stating whether the firm is a partnership, corporation or sole proprietorship.

SELECTION PROCESS

City of Fairfield transportation staff will evaluate and rank proposals based on selection criteria.

Any proposal may be rejected if it is conditional, incomplete or contains irregularities. Minor or immaterial irregularities in a proposal may be waived. Waiver of an irregularity shall in no way modify this Request for Proposal nor affect recommendation for award of the contract.

The following items constitute the evaluation criteria (and their respective weights), which the City of Fairfield will use in evaluating proposals submitted in response to this Request for

Proposal Pass/Fail Criteria Proposer must demonstrate that it retains the California Environmental Laboratory Accreditation Program (ELAP) Certification.

Proposal Scored Criteria

Evaluation Criteria Weight Criterion Rating

Total Weighted Rating

Experience with Similar Types of Services 2 0 – 100 _______

Qualifications of Staff 3 0 – 100 _______

Project Management and Responsiveness 3 0 – 100 _______

Cost 2 0 – 100 _______

RFP - 4

Experience with Similar Types of Services The proposers will be evaluated on the availability of quality technical resources and personnel to ensure performance of collection and laboratory services. This factor will include review and evaluation of the proposer’s approach to the service, the proposer’s strategies or concepts for enhancing service quality, productivity and performance.

Qualifications of Staff The proposers will be evaluated on the quality of the proposer’s staffing and training.

Project Management and Responsiveness The proposers will be evaluated on the demonstrated capability and performance with similar projects, their solutions to services and report management, and the proposer’s ability to meet the City of Fairfield’s performance requirements. This factor will include review of client references and past performance.

Cost The proposers will be evaluated on the total cost of services.

CITY OF FAIRFIELD’S RIGHTS

The City of Fairfield’s rights include, but are not limited to, the following:

1. Issuing addenda to this Request for Proposal, including extending or revising the timeline for submittals.

2. Withdrawing, reissuing, or modifying this Request for Proposal.

3. Requesting clarification and/or additional information from any proposer at any point in the procurement process.

4. Executing an agreement with a proposer on the basis of the original proposal and/or any other information submitted by the proposer during the procurement process.

5. Rejecting any or all proposals, waiving irregularities in any proposals, accepting or rejecting all or any part of any proposals, waiving any requirements of this Request for Proposal, as may be deemed to be in the best interest of the City of Fairfield.

6. The City of Fairfield may award this contract on a combination of technical and price factors. Price shall not be the sole determining factor for the award of this contract.

7. The City of Fairfield may, but is not bound to, commence negotiations with a selected proposer.

8. The City of Fairfield may discontinue its negotiations after commencing negotiations with a selected proposer(s).

9. The City of Fairfield reserves the right to audio & video record any and all live meetings, including conferences and interviews, with potential and actual proposers and staff during any and all phases of this Request for Proposal process. All recordings shall be deemed confidential until after the award of the contract by the City Council with the exception of open public meetings.

CONTRACT BONDING NOT REQUIRED

Performance and Payment bonds are not a requirement of this Request for Proposal.

RFP - 5

LOCATION FOR PROPOSAL SUBMISSION

The firm shall submit one (1) original and two (2) copies of the proposal for NBR Collection and Laboratory Services to:

City of Fairfield Attn: Nigel Browne, Senior Management Analyst North Bay Regional Water Treatment Plant 5110 Water Works Lane Fairfield, CA 94533

City of Fairfield staff will accept proposals for NBR Collection and Laboratory Services until 3:00 p.m. on November 19, 2026.

If you have any questions regarding the above request for proposals, please contact Nigel Browne at (707) 437-5265

Attachment 1 City of Fairfield NBR Collection and Laboratory Services Request for Proposal Price Proposal Form

Number of Annual Bacteriological: 1,872 Number of Annual Field Measurements: 1,872 Number of Annual General Physical: 520 Number of Annual HPC: As needed (assume 240 tests for price purposes)

Contract year 1

Bacteriological Unit $___________ Annualized $___________________

Field Measurements Unit $___________ Annualized $___________________

General Physical Unit $___________ Annualized $___________________

HPC Unit $___________ Annualized $___________________

Total Annualized Price $_______________________

Contract year 2

Field Measurements Unit $___________ Annualized $___________________

Contract year 3

Field Measurements Unit $___________ Annualized $___________________

Contract year 4

Field Measurements Unit $___________ Annualized $___________________

Contract year 5

Field Measurements Unit $___________ Annualized $___________________

Complete pricing information shall be submitted for all service years in accordance with this form. Failure to submit complete pricing information shall render the proposal non-responsive.

SIGNATURE________________________________________

TITLE______________________________________________

COMPANY NAME ____________________________________

DATE ________________________________

Attachment 2 City of Fairfield NBR Collection and Laboratory Services Request for Proposal Addendum Receipt

_________________________ (Name of CONTRACTOR) acknowledges it has received and read the following Addenda:

Addendum # _______________ Signature ________________________________

Addendum # _______________ Signature ________________________________

Addendum # _______________ Signature ________________________________

SIGNATURE________________________________________

TITLE______________________________________________

COMPANY NAME ____________________________________

DATE ________________________________

Attachment 3

Revised 1/09/2025

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and _______________________ ("CONSULTANT"), who agree as follows:

1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”

2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”

3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control.

5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control.

6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz.

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

8) TERM. The term of this Agreement shall be for five (5) years beginning _________________ and ending _____________ .

9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court.

10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced

Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets

11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

CITY Contact: Jenell Pratt

E-mail: jpratt@fairfield.ca.gov

Address: 5110 Water Works Lane, Fairfield, CA, 94533

Telephone: 707-437-5386

Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: ________________

E-mail: ________________

Address: ________________

Telephone: ________________

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:__________________________________

CONSULTANT

By:___________________________________

EXHIBIT “A”

SCOPE OF SERVICE

Distribution System Sample Collection and Laboratory Analysis Services

1. Project Overview The Consultant shall provide distribution system sample collection, field measurements, laboratory analysis, and reporting services for the City of Fairfield’s drinking water system. Services are intended to support regulatory compliance monitoring requirements and shall be provided on an ongoing basis throughout the term of the agreement.

2. Scope of Services The Consultant shall furnish all labor, equipment, materials, transportation, analytical services, and reporting necessary to perform the required monitoring activities described herein.

2.1 Weekly Distribution System Sampling

The Consultant shall collect and analyze a total of thirty-six (36) bacteriological drinking water samples each week from fixed monitoring locations identified by the City of Fairfield.

Weekly monitoring shall include:

Bacteriological Compliance Monitoring

• Thirty-five (35) routine compliance bacteriological samples.

• One (1) bacteriological sample collected weekly at: 5 Willotta Drive o Analysis for:

Total Coliform Escherichia coli (E. Coli)

General Physical Monitoring

• Ten (10) General Physical monitoring locations of the thirty-six (36) weekly sampling locations, as identified in the City’s approved Bacteriological Sampling Siting Plan shall also be analyzed weekly for the following General Physical parameters.

o Analysis for:

pH Color Odor Turbidity Temperature

Field Measurements

• Free Chlorine Residual

• Total Chlorine Residual

Field chlorine residual measurements shall be obtained at the time of sample collection.

3. Analytical Methods The Consultant shall maintain current Environmental Laboratory Accreditation Program (ELAP) accreditation for all analytical methods required under this Scope of Work throughout the duration of the contract.

Analytical testing shall be performed using the following methods, or approved equivalent methods accepted by applicable regulatory agencies:

Parameter Method Total Coliform / E. coli SM 9223 B (Colilert-18 Presence/Absence) pH SM 4500-H+ B Color, Apparent SM 2120 B Threshold Odor SM 2150 B Turbidity SM 2130 B

Heterotrophic Plate Count (HPC) Heterotrophic Plate Count analysis shall be performed when the measured free chlorine residual is less than 0.10 mg/L.

HPC analysis shall be conducted using the SimPlate method.

Chlorine Residual Free and Total Chlorine Residual measurements shall be collected in the field at the time of sample collection.

4. Sample Collection Requirements The Consultant shall provide all sampling equipment, sample containers, preservatives, coolers, transportation, and associated supplies necessary to perform the required services.

The City of Fairfield shall provide:

• Access keys for sample stations and sampling boxes.

• Residential gate access remotes, where required.

• Current sampling location information and access instructions.

If a designated sampling location is temporarily inaccessible, the Consultant shall collect a sample from an appropriate upstream or downstream location and document the reason for the location substitution within the analytical report.

Routine weekend or after-hours sample collection is not anticipated under this contract.

The Consultant shall comply with the City of Fairfield’s approved Bacteriological Sampling Siting Plan and any subsequent revisions issued during the contract term.

Samples shall be cooled to <10°C during transport. Temperature shall be measured upon sample receipt.

4.1 Personnel Qualifications

All personnel performing drinking water sample collection under this contract shall be appropriately trained and qualified in bacteriological sampling techniques, chain-of-custody procedures, sample preservation requirements, and applicable drinking water sampling protocols. The Consultant shall maintain documentation of training and competency and provide such documentation to the City upon request.

The Consultant shall make reasonable efforts to maintain consistency in sampling personnel throughout the duration of the contract to ensure familiarity with sampling locations, access requirements, and established sampling procedures.

5. Laboratory Requirements The laboratory performing analyses shall maintain certification and accreditation for all required analytical methods throughout the term of the agreement.

The Consultant shall maintain documented chain-of-custody procedures and preserve sample integrity from collection through analysis.

6. Reporting Requirements The Consultant shall provide electronic analytical reports to designated City of Fairfield personnel on a weekly basis. Reports will be uploaded to Watertrax – the City of Fairfield’s laboratory water data management system. Rush reports shall be provided upon request to meet regulatory deadlines.

Each report shall include, at a minimum:

• Sample identification number

• Sampling location

• Sample collection date and time

• Sample receipt date and time

• Analytical results

• Reporting limits

• Analytical method

• Batch identification information

• Sample receipt conditions

• Cooler temperature upon receipt

• Data qualifiers

• Chain-of-custody documentation

A summary report shall accompany analytical results and identify any unusual findings, positive bacteriological results, analytical anomalies, or data qualification issues.

The Consultant shall retain analytical records and quality control documentation in accordance with applicable regulatory requirements.

7. Positive Bacteriological Results The Consultant shall immediately notify designated City of Fairfield personnel by both telephone and email upon identification of:

• Positive Total Coliform results

• Positive E. coli results

• Any other result requiring regulatory notification – overrange HPC

Notification shall occur in sufficient time to allow the City to comply with all applicable Title 22 notification and response requirements.

The City of Fairfield shall be responsible for collecting all repeat and confirmation samples required by regulatory agencies unless otherwise authorized through a separate written agreement.

8. Quality Assurance and Quality Control The Consultant shall implement and maintain a quality assurance and quality control program consistent with ELAP accreditation requirements.

The Consultant shall:

• Maintain chain-of-custody documentation for all samples.

• Verify and document sample integrity during transport.

• Notify the City immediately if any sample is compromised, damaged, improperly preserved, exceeds holding time requirements, or is otherwise unsuitable for analysis.

• Provide QA/QC data upon request.

• Maintain records demonstrating continued accreditation and method performance.

9. Regulatory Compliance All work performed under this agreement shall comply with applicable California drinking water regulations, including Title 22 requirements, and all applicable laboratory accreditation standards.

Unless otherwise directed by the City, regulatory reporting shall remain the responsibility of the City of Fairfield.

10. Additional Services Any services not specifically identified within this Scope of Work, including emergency response sampling, special investigations, additional monitoring locations, after-hours sampling, regulatory consultation, or non-routine analytical services, shall be performed only upon written authorization from the City and may be compensated separately.

EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONSULTANT under this Agreement shall be in an amount not to exceed $_____________.

2) Payment shall be made to CONSULTANT on a unit price basis as indicated in Attachment 1 – Price Proposal Form, and CONSULTANT shall submit monthly invoices to the City of Fairfield for the same.

3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a unit price basis to the City of Fairfield for the same.

EXHIBIT “C”

GENERAL PROVISIONS

1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.

2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.

3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.

4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.

5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.

8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.

9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.

10) INDEMNIFY AND HOLD HARMLESS.

a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.

b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law.

11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.

12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.

13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.

14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:

a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.

b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor.

c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

EXHIBIT “D”

INSURANCE REQUIREMENTS

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees.

1) MINIMUM SCOPE AND LIMITS OF INSURANCE

a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage.

c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.

2) INDUSTRY SPECIFIC COVERAGES

If checked below, the following insurance is also required.

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence

Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence

Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________

MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants

Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

3) INSURANCE PROVISIONS

a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:

i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.

ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it.

iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.

iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.

vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.

c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval;

and submitted electronically via email at Riskmanagement@fairfield.ca.gov. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.