HomeMy WebLinkAboutAgreement_Area West.pdf1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/17/20 CONSUL TANT AGREEMENT TH IS AG REEM ENT for specialized professional Environmental ConsultJ-t Services, reinafter referred to as the "AGREEMENT," is made and entered into this L..£3..:_nay of L-,,lb-"l-"--~~--2021, by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter referred to as the "COUNTY"; and Area West Environmental, Inc., a California Corporation, whose address is 6248 Main Avenue, Suite C, Orangevale CA 95662, hereinafter referred to as the "CONSULTANT". WITNESS ETH WHEREAS, the COUNTY desires to retain the CONSULTANT to provide on-call specialized professional environmental consulting services to assist COUNTY in complying with federal and state environmental laws, regulations and guidelines as necessary for road, bridge, landfill and capital improvement projects (hereinafter referred to as "PROJECT(S)" proposed by the COUNTY; and WHEREAS, said CONSULTANT has been selected in accordance with the COUNTY'S Ordinance Code Chapter 4.10 governing the selection of architects, engineers, and other professionals, and in accordance with Chapter 10 of the Local Assistance Procedures Manual (LAPM) issued by the California Department of Transportation (CAL TRANS), to provide the environmental consulting services necessary for the PROJECTS; and WHEREAS, the individual listed below Erin Haagenson, Senior Staff Analyst 2220 Tulare Street, 6th Floor, Fresno, CA 93721 559-600-9908 ehaagenson@fresnocountyca.gov is designated as the CONTRACT ADMINISTRATOR for the AGREEMENT on behalf of the COUNTY, and shall remain so unless the CONSULTANT is otherwise notified in writing by the COUNTY'S Director of Public Works and Planning or his/her designee (hereinafter referred to as "the DIRECTOR"); and 1
1 WHEREAS, the individual listed below 2 Becky Rozumowicz-Kodsuntie, President 3 6248 Main Avenue, Suite C 4 Orangevale, CA 95662 5 (916) 987-3362 6 becky@areawest.net 7 is designated as the CONSULTANT'S PROJECT MANAGER for the AGREEMENT, and 8 shall remain so unless the CONSULTANT requests and the DIRECTOR approves, in g writing, a change of the CONSULTANT'S PROJECT MANAGER, for which approval will 1 o not be unreasonably withheld; and 11 WHEREAS, said AGREEMENT is subject to 49 Code of Federal Regulations 12 (hereinafter referred to as "49 CFR"), Part 26 Participation by Disadvantaged Business 13 Enterprises in Department of Transportation Financial Assistance Programs, 14 Disadvantaged Business Enterprise programs established by other federal agencies and/or 15 the COUNTY'S Disadvantaged Business Enterprise Program (all of which hereinafter are 16 referred to as "DBE PROGRAM(S)"), 17 NOW, THEREFORE, in consideration of the promises and covenants set forth 18 herein, the above-named parties agree as follows: 19 I. GENERAL PROVISIONS 20 A. The COUNTY hereby contracts with the CONSULTANT as an independent 21 contractor to provide all environmental consultant services required for the PROJECT(S). 22 Said services are described generally in Article II and more specifically enumerated in 23 Article Ill herein. 24 B. The CONSULTANT'S services shall be performed as in a manner consistent 25 with professional skill and the orderly progress of the work, based on schedules for each 26 specific PROJECT as mutually agreed upon in advance by the COUNTY'S CONTRACT 27 ADMINISTRATOR and the CONSULTANT. 28 COUNTY OF FRESN Fresno, California 11/17/20 C. The CONSULTANT'S PROJECT team staff shall be as listed in Exhibit A, 2
1 attached hereto and incorporated herein. Any substitutions of personnel must be approved 2 in advance by the COUNTY'S CONTRACT ADMINISTRATOR, which approval shall not be 3 unreasonably withheld. The CONSULTANT shall notify the COUNTY'S CONTRACT 4 ADMINISTRATOR of the names and classifications of employees assigned to each specific 5 PROJECT and shall not reassign such employees to other PROJECTS of the 6 CONSULTANT without notification to and prior approval by the COUNTY'S CONTRACT 7 ADMINISTRATOR. 8 D. The CONSULTANT may retain, as subconsultants, specialists as the g CONSUL TANT requires to assist in completing the work. All subconsultants used by the 10 CONSUL TANT shall be approved in writing by the COUNTY'S CONTRACT 11 ADMINISTRATOR before they are retained by the CONSULTANT, which approval shall no 12 be unreasonably withheld. The subconsultants listed in Exhibit B, attached hereto and 13 incorporated herein, shall be considered as approved by the COUNTY'S CONTRACT 14 ADMINISTRATOR. Should the CONSULTANT retain any subconsultants, the maximum 15 amount of compensation to be paid to the CONSULTANT under Article VI below shall not 16 be increased. Any additional compensation to be paid to the CONSULTANT for such 17 subconsultants' work shall be limited to administrative time as defined in the fee proposal. 18 Additional fees other than those defined in the fee proposal shall not be reimbursed. 19 E. The CONSULTANT and affiliated subconsultants shall not submit bids, or 20 sub-bids, for the contract construction phase of the PROJECT assigned to the 21 CONSULTANT. The CONSUL TANT and its subconsultants, and all other service providers, 22 shall not provide any PROJECT-related services for, or receive any PROJECT-related 23 compensation from any construction contractor (hereinafter referred to as the 24 "CONTRACTOR"), subcontractor or service provider awarded a construction contract for all 25 or any portion of the PROJECT(S)forwhich the CONSULTANT provides services 26 hereunder. The CONSULTANT and its subconsultants, and all other service providers, 27 may provide services for, and receive compensation from a CONTRACTOR who has been 28 awarded a construction contract for all or any portion of the PROJECT(S) provided that any COUNTY OF FRESN Fresno, California 11/17/20 3
1 such services which are rendered, and any compensation which is received therefor, 2 relates to work outside the scope of the AGREEMENT and does not pose a conflict of 3 interest. 4 F. Any subcontract in excess of $25,000 entered into as a result of this 5 AGREEMENT, shall contain all the provisions stipulated in the AGREEMENT to be 6 applicable to subcontractors. 7 G. The CONSULTANT is responsible for being fully informed regarding the 8 requirements of 49 CFR, Part 26 and the California Department of Transportation's g (CAL TRANS) Disadvantaged Business Enterprise program developed pursuant to the 10 regulations, as detailed in Exhibit C, attached hereto and incorporated herein. 11 II. DESCRIPTION OF THE WORK COVERED BY THE AGREEMENT 12 A. The work to be performed by the CONSULTANT under the AGREEMENT 13 includes on-call professional services under Article Ill for various PROJECTS, including but 14 not limited to, technical services related to biological, cultural, visual, farmland, water 15 quality, hazardous waste, noise, revegetation plans, focused plant or animal surveys, 16 habitat assessment, wetland delineation, and other studies. 17 B. The CONSULTANT agrees to provide the professional services that are 18 necessary for each PROJECTwhen expressly authorized in writing by the COUNTY'S 19 CONTRACT ADMINISTRAT(2R. Such work by the CONSULTANT shall not begin until the 20 CONSUL TANT has received, from the COUNTY'S CONTRACT ADMINISTRATOR, a 21 written Notice to Proceed as to a specific Task Order, authorizing the necessary service, 22 agreed upon fee, and scope of work. 23 Ill. CONSULTANT'S SERVICES 24 The CONSULTANT shall submit proposals in response to requests issued by the 25 COUNTY'S CONTRACT ADMINISTRATOR on a project-by-project basis. The 26 CONSULTANT'S proposal at a minimum shall include, but not be limited to, staff 27 qualifications, proposed method and schedule for completing the task(s), completed federal 28 forms and a sealed cost proposal. The CONSULTANT agrees that each professional or COUNTY OF FRESN Fresno, California 11/17/20 4
1 other individual performing work on any such PROJECT(S) shall be adequately trained to 2 perform the work and shall possess the proper license, certification or registration as 3 required by law or by accepted standards of the applicable profession. The CONSULTANT 4 agrees to provide the professional services that are necessary to complete the following 5 tasks when expressly authorized in writing by the COUNTY'S CONTRACT 6 ADMINISTRATOR: 7 8 A. 1. Technical Reports: The CONSULTANT shall ascertain the requirements for Technical Reports g through communications with the COUNTY'S CONTRACT ADMINISTRATOR and 10 CAL TRANS and a review of existing information on the PROJECT(S). 11 2. The CONSULTANT shall prepare and submit technical reports to the 12 COUNTY'S CONTRACT ADMINISTRATOR for each assigned PROJECT. Technical 13 reports shall be prepared in accordance with the appropriate format required by local, state 14 and federal laws, regulations and guidelines. 15 3. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 16 issues for the PROJECT(S) that may be unknown to the COUNTY'S CONTRACT 17 ADMINISTRATOR and communicate these requirements, criteria, or issues to the 18 COUNTY'S CONTRACT ADMINISTRATOR. 19 4. The CONSUL TANT shall prepare each environmental technical report for 20 federally funded PROJECT(S) in accordance with the latest provisions of the Standard 21 Environmental Reference published by CAL TRANS and/or all other applicable local, state 22 and federal regulations and guidance to the full extent that any provisions thereof related or 23 have applicability to such PROJECT(S). The required technical reports for the PROJECTS 24 will be determined by the Preliminary Environmental Study form for CAL TRANS Local 25 Assistance, the COUNTY'S California Environmental Quality Act (CEQA) process or 26 Federal cross cutter forms for State Revolving Fund projects. 27 5. The CONSUL TANT shall assist the COUNTY in determining all permits that 28 may be required for the PROJECT and shall prepare all necessary permits for the COUNTY OF FRESN Fresno, California 11/17/20 5
1 COUNTY submittal to outside age_ncies. 2 6. When requested by the COUNTY'S CONTRACT ADMINISTRATOR, the 3 CONSUL TANT shall attend meetings with the COUNTY, federal, state and/or local 4 representatives to discuss and review the technical report. The CONSULTANT shall 5 prepare brief minutes of meetings attended and promptly submit the minutes to the 6 COUNTY'S CONTRACT ADMINISTRATOR within seven (7) days. 7 7. The CONSULTANT shall submit each technical report to the COUNTY'S 8 CONTRACT ADMINISTRATOR for transmittal to other appropriate agencies for their g review and approval. The CONSULTANT shall revise and resubmit each technical report 1 o as necessary until approved by all appropriate agencies. Standard submittal shall be two 11 (2) reproducible copies and one (1) electronic copy of each technical report. The 12 CONSULTANT shall verify compatible format and quantity prior to final delivery. 13 8. The CONSULTANT shall prepare technical studies and estimates on 8 ½" by 14 11" pages, provide hard copy and electronic format as standard submittal; and prepare 15 documents in Microsoft Word 2010 version or later, Microsoft Excel 2010 version or later, 16 or Adobe 9.0 or later, ARC GIS or other mutually agreed upon format. Such submittals 17 shall be sent via email and furnished on compact disc (CD). The CONSUL TANT shall verif 18 compatible format and quantity prior to final delivery. 19 20 B. 1. CEQA Documents: The CONSULTANT shall prepare CEQA documents, including but not limited 21 to an Initial Study, Mitigated Negative Declaration, Negative Declaration and Environmental 22 Impact Report, to complete CEQA review in accordance with CEQA Guidelines. The CEQ 23 phase includes, but is not limited to, data compilation and review, impact assessment and 24 determination, documentation preparation, development of mitigation measures, response 25 to comments, as well as project management and public meeting attendance. 26 2. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 27 issues forthe PROJECT(S) that may be unknown to the COUNTY'S CONTRACT 28 ADMINISTRATOR and communicate these requirements, criteria, or issues to the COUNTY OF FRESN Fresno, California 11/17/20 6
1 COUNTY'S CONTRACT ADMINISTRATOR. 2 3. The CONSUL TANT shall assist the COUNTY in determining all permits that 3 may be required for the PROJECT and shall prepare all necessary permits for the 4 COUNTY submittal to outside agencies. 5 C. Design Plans, Technical Specifications and Construction Estimate for 6 Revegetation and Landscaping Projects: 7 1. The CONSUL TANT shall ascertain the requirements the PROJECT(S) 8 through meetings with COUNTY'S CONTRACT ADMINISTRATOR and a review of an g existing schematic layout of PROJECT(S). 10 2. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 11 issues for the PROJECT(S) that may be unknown to the COUNTY'S CONTRACT 12 ADMINISTRATOR and communicate these requirements, criteria, or issues to the 13 COUNTY'S CONTRACT ADMINISTRATOR. 14 15 3. 4. The CONSULTANT shall provide surveying, if needed, for the PROJECT(S). The CONSUL TANT shall design the PROJECT(S) to conform to 16 requirements of the reviewing agencies having jurisdiction over the PROJECT(S). 17 5. The CONSULTANT shall design the PROJECT(S) to include mitigation 18 measures ·included in the environmental document. 19 6. The CONSULTANT shall monitor and keep the COUNTY'S CONTRACT 20 ADMINISTRATOR informed regarding the impact of design issues on the PROJECT 21 budget. Upon the written request of the COUNTY'S CONTRACT ADMINISTRATOR, the 22 CONSULTANT shall incorporate into the design, such reasonable design and operational 23 changes as the COUNTY'S CONTRACT ADMINISTRATOR deems appropriate as a result 24 of the COUNTY'S review processes and impact on each PROJECT budget or estimate. 25 7. ,. The-CONSULTANT shall assist the COUNTY in determining all permits that 26 may be required for the PROJECT and shall prepare all necessary permits for the 27 COUNTY submittal to outside agencies. 28 IV. OBLIGATIONS OF COUNTY COUNTY OF FRESN Fresno, California 11/17/20 7
1 2 The COUNTY will: A. Issue Task Orders on a project-by-project basis. Task Orders will, at a 3 minimum, include a scope of work, location, and schedule for the PROJECT. 4 5 B. C. Compensate the CONSUL TANT as provided in the AGREEMENT. Provide a COUNTY'S CONTRACT ADMINISTRATOR to serve as a 6 representative of the COUNTY who will coordinate and communicate with the 7 CONSULTANT, to the extent appropriate, to facilitate the CONSULTANT'S performance of 8 its obligations in accordance with the provisions of the AGREEMENT. 9 10 D. E. Provide basic plan sheet layouts as required. Examine documents submitted to the COUNTY by the CONSULTANT and 11 timely render decisions pertaining thereto. 12 13 F. G. Provide aerial photographs as required. Provide copies of any available existing as-built plans and right-of-way 14 drawings from the COUNTY'S files. 15 H. Provide mailing lists and labels for notification of property owners upon the 16 CONSULTANT'S request. 17 I. Provide preliminary engineering survey data on existing structures and 18 topographic mapping in AutoCAD Civil 3D, version 2013 or later, format to the 19 CONSUL TANT, if available. 20 J. Prepare all legal descriptions and drawings required for right-of-way 21 acquisition and/or temporary construction permits. 22 K. Provide limited assistance to CONSULTANT as may be appropriate in 23 connection with CONSULTANT'S processing of required permits. 24 L. Give reasonably prompt consideration to all matters submitted for approval by 25 the CONSULTANT to the end that there will be no substantial delays in the 26 CONSULTANT'S program of work. An approval, authorization or request to the 27 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms 28 of the AGREEMENT only if it is made in writing and signed on behalf of the COUNTY by COUNTY OF FRESN Fresno, California 11/17/20 8
1 the COUNTY'S CONTRACT ADMINISTRATOR. 2 V. TERM OF AGREEMENT/ PERFORMANCE PERIOD 3 A. The term of this AGREEMENT shall be for a period of three (3) years, 4 commencing upon execution by the COUNTY, through and including the third anniversary 5 of the execution date. This AGREEMENT may be extended for two additional one-year 6 periods, upon written approval of the DIRECTOR and the CONSULTANT prior to the 7 expiration of the AGREEMENT. The DIRECTOR or his designee is authorized to execute 8 such written approval on behalf of COUNTY based on CONSULTANT'S satisfactory g performance. The CONSULTANT shall commence work promptly after receipt of a notice 10 to proceed issued by the COUNTY'S CONTRACT ADMINIST_RATOR. 11 B. The CONSULTANT is advised and hereby acknowledges its understanding 12 that any recommendation for award is not binding on the COUNTY until the AGREEMENT 13 is fully executed following its approval by the COUNTY'S Board of Supervisors. 14 VI. ALLOWABLE COSTS AND PAYMENTS UNDER THIS AND OTHER RELATED ON-15 CALL ENVIRONMENTAL SERVICES CONSUL TANT AGREEMENTS 16 A. Maximum Cumulative Amount Available for Payment Under This 17 AGREEMENT and the Other Related Environmental Services Consultant Agreements: 18 1 .. COUNTY has or will enter into eight (8) separate agreements, including this 19 AGREEMENT, for performance of the Scope of Services identified in Article Ill 20 hereinabove. The other Agreements are to be entered into by COUNTY with the other 21 seven (7) consultant firms listed, together with CONSUL TANT, on the list of environmental 22 consultant firms attached hereto as Attachment 1. The total amount payable by COUNTY 23 for all the Agreements combined shall not exceed a cumulative maximum.total value of 24 Two Million Dollars ($2,000,000) ("NTE Sum"). 25 2. It is understood and agreed that there is no guarantee, either expressed or 26 implied, that this cumulative maximum total dollar amount of Two Million Dollars 27 ($2,000,000) will be authorized under the Environmental Services Consultant Agreements 28 through Task Orders. It is further understood and agreed that there is no guarantee, either COUNTY OF FRESN Fresno, California 11/17/20 9
1 expressed or implied, that any Task Order will be assigned to CONSUL TANT or that 2 CONSUL TANT will receive any payment whatsoever, under the terms of this 3 AGREEMENT. Each time a Task Order is awarded under any of the Agreements, the 4 COUNTY shall send written notification to CONSULTANT and each of the other 5 consultants that entered into the Agreements. Each such notice shall identify the 6 cumulative total of funds allocated under all Task Orders issued hereunder as of that date, 7 and the remaining unencumbered amount of the NTE Sum. CONSULTANT acknowledges 8 and agrees that COUNTY shall not pay any amount under this AGREEMENT that would g exceed the NTE Sum, and CONSULTANT shall not enter into a Task Order that exceeds 10 the NTE Sum. 11 12 B. 1. Total Fee: Subject to and consistent with the provisions of the immediately preceding 13 Article VI, Section A, the Total Fee for the services required under this AGREEMENT, shall 14 not exceed the total sum of Two Million Dollars ($2,000,000) over the entire term of this 15 AGREEMENT. Compensation for the services rendered shall be computed at the hourly 16 and cost rates shown in Exhibit D, subject to any adjustments that may be approved in 17 accordance with Article VI, Section B, Paragraph 3. 18 2. The hourly and cost rates listed herein for services rendered by the 19 CONSULTANT and subconsultants shall remain in effect for the entire duration of the 20 AGREEMENT unless adjusted in accordance with the provisions of Article VI, Section B, 21 Paragraphs 3, 5, or 6. 22 3. The hourly rates paid for services performed by the CONSULTANT and by 23 subconsultants of the CONSUL TANT and the rates for expenses incidental to the 24 CONSULTANT'S and subconsultant's performance of services may be adjusted no more 25 than once annually for inflation, in accordance with the following provisions: the 26 CONSULTANT may request new labor rates and new rates for expenses incidental to the 27 CONSULTANT'S and subconsultant's performance of services subject to written approval 28 of the COUNTY'S CONTRACT ADMINISTRATOR in accordance with the provisions of this COUNTY OF FRESN Fresno, California 11117120 10
1 Article VI, Section B, Paragraph 3. The CONSULTANT shall initiate the rate adjustment 2 process by submitting to the COUNTY'S CONTRACT ADMINISTRATOR a proposed 3 adjusted fee schedule. The proposed adjusted fee schedule shall include proposed hourly 4 rates for all categories of the CONSUL TANT and subconsultants wage classifications and 5 proposed rates for incidental expenses listed in Exhibit D. The proposed adjusted fee 6 schedule shall not take effect unless approved in writing by the COUNTY'S CONTRACT 7 ADMINISTRATOR. The CONSULTANT hereby acknowledges its understanding that 8 approval by the COUNTY'S CONTRACT ADMINISTRATOR of any upward adjustment in g the hourly and cost rates shall not provide a basis for any increase in the total fee of 10 $2,000,000, as set forth in Article VI, Section B, Paragraph 1. 11 4. Expenses incidental to the CONSULTANT'S and subconsultant's 12 performance of services under Article Ill of the AGREEMENT shall be charged at the rates 13 listed in Exhibit D, subject to any adjustments that may be approved in accordance with 14 Article VI, Section B, Paragraphs 3, 5, or 6. Unless incorporated in an adjusted fee 15 schedule approved by the COUNTY'S CONTRACT ADMINISTRATOR in accordance with 16 Article VI, Section B, Paragraphs 3, 5, or 6, all other expenses incidental to the 17 CONSULTANT'S and subconsultant's performance of the services under Article Ill of the 18 AGREEMENTthat are not listed in Exhibit D shall be borne by the CONSULTANT. 19 5. In the event that, in accordance with Article I, Section D, the COUNTY'S 20 CONTRACT ADMINISTRATOR approves the CONSULTANT to retain additional 21 subconsultants not listed in Exhibit B, hourly rates paid for services performed by such 22 additional subconsultants of the CONSULTANT and the rates for expenses incidental to 23 subconsultants performance of services may be adjusted no more than once annually for 24 inflation, in accordance with Article VI, Section B, Paragraph 3. The first annual adjustment 25 of hourly and incidental expense rates for such additional subconsultants shall not be 26 approved prior to one year after the COUNTY'S CONTRACT ADMINISTRATOR approval 27 of the retention of such additional subconsultant(s) by the CONSULTANT. 28 COUNTY OF FRESN Fresno, California 11/17/20 6. Notwithstanding any other provisions in the AGREEMENT, the COUNTY'S 11
1 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the 2 CONSULTANT'S or subconsultant's charge rates for incidental expenses to include 3 additional categories of such expenses if, in the opinion of the COUNTY'S CONTRACT 4 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S 5 performance of the PROJECT(S). 6 7 C. 1. Payments: Progress payments will be made by the COUNTY upon receipt of the 8 CONSULTANT'S monthly invoices and approval by the COUNTY'S CONTRACT g ADMINISTRATOR thereof based on the COUNTY'S CONTRACT ADMINISTRATOR'S 10 evaluation of the completion of the respective components of the assigned PROJECT. 11 Invoices shall clearly identify the Phase and Task of the work, the date work performed, 12 and shall be submitted with the documentation identified in Article VI, Section C, Paragraph 13 5. Invoices shall be forwarded electronically to: PWPBusinessOffice@fresnocountyca.gov. 14 2. Upon receipt of a proper invoice, the COUNTY'S CONTRACT 15 ADMINISTRATOR will take a maximum of ten (10) working days to review, approve, and 16 submit it to the COUNTY Auditor Controller/Treasurer Tax Collector. Unsatisfactory or 17 inaccurate invoices will be returned to the CONSUL TANT for correction and resubmittal. 18 Payment, less retention, if applicable, will be issued to the CONSUL TANT within forty (40) 19 calendar days of the date the Auditor Controller/Treasurer Tax Collector receives the 20 approved invoice. 21 3. The COUNTY is entitled to withhold a five percent (5%) retention from the 22 CONSULTANT'S earned compensation in accordance with the provisions of Article VII of 23 the AGREEMENT. 24 4. An unresolved dispute over a possible error or omission may cause payment 25 of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY. 26 5. Concurrently with the invoices, the CONSUL TANT shall certify (through 27 copies of issued checks, receipts, or other COUNTY pre-approved documentation) that 28 complete payment, less a five percent (5%) retention, except as otherwise specified in COUNTY OF FRESN Fresno, California 11/17/20 12
1 Article VII, has been made to all subconsultants as provided herein for all previous invoices 2 paid by the COUNTY. However, the parties do not intend that the foregoing create in any 3 subconsultants or sub-contractor a third-party beneficiary status or any third-party 4 beneficiary rights, and expressly disclaim any such status or rights. 5 6. Final invoices, and separate invoices for retentions, shall be submitted to the 6 COUNTY'S CONTRACT ADMINISTRATOR no later than thirty (30) days after the 7 PROJECT is completed. Payment for retentions, if any, shall not be made until all services 8 for the PROJECT are completed. 9 7. In the event the DIRECTOR reduces the scope of CONSULTANT'S work 10 under the AGREEMENT for a specific PROJECT (or discontinues a specific PROJECT), 11 whether due to a deficiency in the appropriation of anticipated funding or otherwise, the 12 CONSULTANT will be compensated on a pro rata basis for actual work completed and 13 accepted by the DIRECTOR in accordance with the terms of the AGREEMENT. 14 VII. RETENTION FROM EARNED COMPENSATION 15 In addition to any amounts withheld under Article Ill, the CONSUL TANT agrees that 16 the COUNTY, atthe discretion of the COUNTY'S CONTRACT ADMINISTRATOR, may 17 withhold a five percent (5%) retention from the earned compensation of the CONSULTANT. 18 If the COUNTY'S CONTRACT ADMINISTRATOR determines that retention will be withheld 19 for a PROJECT, the COUNTY'S CONTRACT ADMINISTRATOR will so state in writing 20 prior to commencement of the PROJECT by the CONSULTANT and will identify the 21 PROJECT-specific prerequisites (such as successful completion of a PROJECT phase, as 22 an example) for the release of retentions. 23 VIII. TERMINATION 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/17/20 A. The AGREEMENT may be terminated without cause at any time by the COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this AGREEMENT, the CONSUL TANT shall be compensated for services satisfactorily completed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to in Article VI, together with such additional services C 13
1 satisfactorily performed after termination which are expressly authorized by the COUNTY to 2 conclude the work performed to date of termination. 3 B. If the CONSULTANT purports to terminate the AGREEMENT, or otherwise 4 refuses to perform pursuant to the AGREEMENT, for reasons other than material breach 5 by the COUNTY, the CONSUL TANT shall reimburse the COUNTY, up to a maximum of 6 $10,000 for the actual expense of issuing a Request For Proposal (RFP), engaging a new 7 consultant, and the new consultant's cost in becoming familiar with the previous 8 CONSULTANT'S work. The COUNTY'S entitlement to such reimbursement shall in no wa g be construed as a limitation on other damages that may be recoverable by the COUNTY as 10 a result of the CONSULTANT'S termination, in breach of its obligations hereunder. 11 C. The COUNTY may immediately suspend or terminate the AGREEMENT in 12 whole or in part, where in the determination of the COUNTY there is: 13 14 15 16 17 1. 2. 3. 4. D. An illegal or improper use of funds; A failure to comply with any term of the AGREEMENT; A substantially incorrect or incomplete report submitted to the COUNTY; Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the 18 COUNTY of any breach of the AGREEMENT or any default which may then exist on the 19 part of the CONSULTANT, nor shall such payment impair or prejudice any remedy 20 available to the COUNTY with respect to the breach or default. The DIRECTOR shall have 21 the right to demand of the CONSULTANT the repayment to the COUNTY of any funds 22 disbursed to the CONSULTANT under the AGREEMENT, which, in the judgment of the 23 DIRECTOR and as determined in accordance with the procedures of Article XVI, were not 24 expended in accordance with the terms of the AGREEMENT. The CONSUL TANT shall 25 promptly refund any such funds upon demand. 26 E. The terms of the AGREEMENT, and the services to be provided thereunder, 27 are contingent on the approval off unds by the appropriating government agency. Should 28 sufficient funds not be allocated, the services provided may be modified, or the COUNTY OF FRESN Fresno, California 11/17/20 14
1 AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days advance 2 written notice. In the event of termination on the basis of this Paragraph, the 3 CONSULTANT'S entitlement to payment, in accordance with the payment provisions set 4 forth hereinabove, shall apply only to work performed by the CONSULTANT prior to receipt 5 of written notification of such non-allocation of sufficient funding. 6 F. In the event of termination, CONSULTANT shall be compensated as provided 7 for in this AGREEMENT, except as provided in Article XII, Section C. Upon termination, the 8 COUNTY shall be entitled to all work, including but not limited to, reports, investigations, g appraisals, inventories, studies, analyses, drawings and data estimates performed to that 10 date, whether completed or not. 11 IX. FUNDING REQUIREMENTS 12 A. It is mutually understood between the parties that the AGREEMENT may 13 have been written before ascertaining the availability of funds or appropriation of funds, for 14 the mutual benefit of both parties, in order to avoid program and fiscal delays that would 15 occur if the AGREEMENT were executed after that determination was made. 16 B. The AGREEMENT is subject to any additional restrictions, limitations, 17 conditions, or any legislation enacted by the Congress, State Legislature or COUNTY'S 18 Board of Supervisors that may affect the provisions, terms, or funding of the AGREEMENT 19 in any manner. 20 C. It is mutually agreed that if sufficient funds are not appropriated, the 21 AGREEMENT may be amended to reflect any reduction in funds. 22 D. The COUNTY has the option to void the AGREEMENT under the 30-day 23 cancellation clause in Article VIII, Section A, or to amend the AGREEMENT in accordance 24 with Article X, Section A by mutually acceptable modification of its provisions to reflect any 25 reduction of funds. 26 X. CHANGE IN TERMS 27 A. The AGREEMENT may be amended or modified only by mutual written 28 agreement of both parties. Except as provided in Article V, Section A, any such written COUNTY OF FRESN Fresno, California 11/17/20 15
1 amendment to this AGREEMENT may be approved on the COUNTY'S behalf only by its 2 Board of Supervisors. 3 B. The CONSULTANT shall only commence work covered by an amendment 4 after the amendment has been fully executed and written notification to proceed has been 5 issued by the COUNTY'S CONTRACT ADMINISTRATOR. 6 XI. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION 7 8 9 10 11 12 13 14 A. The CONSULTANT must give consideration to Disadvantaged Business Enterprise (hereinafter ref erred to as "DBE") firms as specified in 23 Code of Federal ( Regulations (hereinafter referred to as "CFR") Section 172.5(b), and in 49 CFR, Part 26. The CONSUL TANT must meet the DBE goal established for PROJECT(S) by using DBEs as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, the CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. B. The CONSULTANT is responsible for being fully informed regarding the 15 requirements of 49 CFR, Part 26 and CAL TRANS' Disadvantaged Business Enterprise 16 program developed pursuant to the regulations, as detailed in Exhibit C, Notice to 17 Proposers DBE Information, attached hereto and incorporated herein. 18 C. A DBE subconsultant may be terminated only with written approval by the 19 COUNTY'S CONTRACT ADMINIST_RATOR and only for reasons specified in 49 CFR 20 Section 26.53(f). Prior to requesting the CONTRACT ADMINISTRATOR'S consent for the 21 proposed termination, the CONSUL TANT must meet the procedural requirements specified 22 in 49 CFR Section 26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT 23 must make a good faith effort to replace him/her with another DBE subconsultant, if the 24 goal is not otherwise met. 25 XII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS 26 A. The CONSUL TANT agrees that 48 CFR Part 31, Contract Cost Principles 27 and Procedures, shall be used to determine the allowability of individual terms of cost. The 28 CONSULTANT shall sign the Certification of Contract Costs and Financial Management COUNTY OF FRESN Fresno, California 11/17/20 16
1 System, attached hereto and incorporated herein as Exhibit E. 2 B. The CONSULTANT also agrees to comply with Federal procedures in 3 accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, 4 and Audit Requirements for Federal Awards. 5 C. Any costs for which payment has been made to the CONSULTANT that are 6 determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 7 200 are subject to repayment by the CONSULTANT to the COUNTY. 8 D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an g Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform 10 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 11 shall apply. 12 XIII. COVENANT AGAINST CONTINGENT FEES 13 The CONSUL TANT warrants, by execution of the AGREEMENT, that the 14 CONSULTANT has not employed or retained any company or person, other than a bona 15 fide employee working for the CONSUL TANT, to solicit or secure the AGREEMENT; and 16 that CONSULTANT has not paid or agreed to pay any company or person other than a 17 bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other 18 consideration, contingent upon or resulting from the award or formation of the 19 AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right 20 to annul the AGREEMENTwithout liability, and to pay only for the value of the work 21 actually performed by the CONSUL TANT, or alternatively in the COUNTY'S discretion, to 22 deduct from the contract price or consideration, or otherwise recover the full amount of 23 such any such commission, percentage, brokerage fee, gift, contingent fee or similar form 24 of consideration previously paid by the CONSULTANT. 25 XIV. RETENTION OF RECORDS/AUDIT 26 For the purpose of determining compliance with Gov. Code§ 8546.7, the 27 CONSULTANT, Subconsultants, and the COUNTY shall maintain all books, documents, 28 papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and COUNTY OF FRESN Fresno, California 11/17/20 17
1 other evidence pertaining to the performance of the AGREEMENT including, but not limited 2 to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT's 3 Independent CPA, shall make such workpapers and materials available at their respective 4 offices at all reasonable times during the AGREEMENT period and for three (3) years from 5 the date of final payment under the AGREEMENT. The COUNTY, Caltrans Auditor, 6 FHWA, or any duly authorized representative of the Federal government having jurisdiction 7 under Federal laws or regulations (including the basis of Federal funding in whole or in 8 part) shall have access to any books, records, and documents of the CONSULTANT, g Subconsultants, and the CONSULTANT's Independent CPA, that are pertinent to the 10 AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and 11 copies thereof shall be furnished if requested without limitation. 12 XV. AUDIT REVIEW PROCEDURES 13 A. Any dispute concerning a question of fact arising under an interim or post 14 audit of this AGREEMENT that is not disposed of by agreement between the parties, shall 15 be reviewed by the COUNTY'S Auditor/Controller/Treasurer/Tax-Collector. 16 B. Not later than thirty (30) calendar days after issuance of the final audit report, 17 the CONSUL TANT may request a review by the COUNTY'S 18 Auditor/Controller/Treasurer/Tax-Collector of unresolved audit issues. The request for 19 review will be submitted in writing. 20 C. Neither the pendency of a dispute nor its consideration by the COUNTY will 21 excuse the CONSULTANT from full and timely performance, in accordance with the terms 22 of the AGREEMENT. 23 D. The CONSULTANT and subconsultant agreements, including cost proposals 24 and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, an 25 AGREEMENT Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant 26 (CPA) ICR Audit Workpaper Review. If selected for audit or review, the AGREEMENT, cost 27 proposal and ICR and related workpapers, if applicable, will be reviewed to verify 28 compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances COUNTY OF FRESN Fresno, California 11/17/20 18
1 of a CPA ICR Audit Workpaper Review, it is the CONSUL TANT's responsibility to ensure 2 federal, state, COUNTY, or local government officials are allowed full access to the CPA's 3 workpapers, including making copies as necessary. The AGREEMENT, cost proposal, and 4 ICR shall be adjusted by CONSULTANT and approved by the COUNTY'S CONTRACT 5 ADMINISTRATOR to conform to the audit or review recommendations. The CONSULTANT 6 agrees that individual terms of costs identified in the audit report shall be incorporated into 7 the AGREEMENT by this reference, if directed by the COUNTY in its sole discretion. 8 Refusal by the CONSULTANT to incorporate audit or review recommendations, or to 9 ensure that the federal, state, COUNTY, or local governments have access to CPA 10 workpapers, will be considered a breach of the AGREEMENT terms and cause for 11 termination of the AGREEMENT and disallowance of prior reimbursed costs. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/17/20 E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the COUNTY'S CONTRACT ADMINISTRATOR to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of this AGREEMENT and disallowance of prior reimbursed costs. 1. During IOAl's review of the ICR audit work papers created by the CONSUL TANT's independent CPA, IOAI will work with the CPA and/or CONSUL TANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, the COUNTY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); GAS (Cost Accounting Standards), if applicable; in accordance with 19
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .. 27 28 COUNTY OF FRESN Fresno, California 11/17/20 procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines} is received and approved by IOAI. Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent ( 150%) -the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) -the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) -the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSUL TANT's and/or the independent CPA's revisions. 3. If the CONSUL TANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT. 4. CONSULTANT may submit to the COUNTY its final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of the COUNTY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO THE COUNTY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between the COUNTY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. 20
1 XVI. ERRORS OR OMISSIONS CLAIMS AND DISPUTES 2 3 A. Definitions: 1. A "Consultant" is a duly licensed Architect or Engineer, or other 4 provider of professional services, acting as a business entity (owner, partnership, 5 corporation, joint venture or other business association) in accordance with the terms of an 6 agreement with the COUNTY. 7 2. A "Claim" is a demand or assertion by one of the parties seeking, as a 8 matter of right, adjustment or interpretation of contract terms, payment of money, extension g of time, change orders, or other relief with respect to the terms of the AGREEMENT. The 10 term "Claim" also includes other disputes and matters in question between the COUNTY 11 and the CONSULTANT arising out of or relating to the AGREEMENT. Claims must be 12 made by written notice. The provisions of Government Code section 901, et seq., shall 13 apply to every claim made to the COUNTY. The responsibility to substantiate claims shall 14 rest with the party making the claim. The term "Claim" also includes any allegation of an 15 error or omission by the CONSULTANT. 16 B. In the spirit of cooperation between the COUNTY and the CONSUL TANT, the 17 following procedures are established in the event of any claim or dispute alleging a 18 negligent error, act, or omission, of the CONSULTANT. 19 1. Claims, disputes or other matters in question between the parties, 20 arising out of or relating to the AGREEMENT, shall not be subject to arbitration, but shall be 21 subject to the following procedures. 22 2. The COUNTY and the CONSULTANT shall meet and confer and 23 attempt to reach agreement on any dispute, including what damages have occurred, the 24 measure of damages and what proportion of damages, if any, shall be paid by either party. 25 The parties agree to consult and consider the use of mediation or other form of dispute 26 resolution prior to resorting to litigation. 27 3. If the COUNTY and the CONSULTANT cannot reach agreement under 28 Section B, Paragraph 2 of this Article XVI, the disputed issues may, upon concurrence by COUNTY OF FRESN Fresno, California 11117120 21
1 all parties, be submitted to a panel of three (3) for a recommended resolution. The 2 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the 3 third member shall be selected by the other two panel members. The discovery rights 4 provided by California Code of Civil Procedure for civil proceedings shall be available and 5 enforceable to resolve the disputed issues. Either party requesting this dispute resolution 6 process shall, when invoking the rights to this panel, give to the other party a notice 7 describing the claims, disputes and other matters in question. Prior to twenty (20) working 8 days before the initial meeting of the panel, both parties shall submit all documents such g party intends to rely upon to resolve such dispute. If it is determined by the panel that any 10 party has relied on such documentation but has failed to previously submit such 11 documentation on a timely basis to the other party, the other party shall be entitled to a 20-12 working-day continuance of such initial meeting of the panel. The decision by the panel is 13 not a condition precedent to arbitration, mediation or litigation. 14 4. Upon receipt of the panel's recommended resolution of the disputed 15 issue(s), the COUNTY and the CONSULTANT shall again meet and confer and attempt to 16 reach agreement. If the parties still are unable to reach agreement, each party shall have 17 recourse to all appropriate legal and equitable remedies. 18 C. The procedures to be followed in the resolution of claims and disputes may 19 be modified any time by mutual agreement of the parties hereto. 20 D. The CONSULTANT shall continue to perform its obligations under the 21 AGREEMENT pending resolution of any dispute, and the COUNTY shall continue to make 22 payments of all undisputed amounts due under the AGREEMENT. 23 E. When a claim by either party has been made alleging the CONSULTANT'S 24 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and 25 confer within twenty-one (21) working days after the written notice of the claim has been 26 provided. 27 XVII. SUBCONTRACTING 28 COUNTY OF FRESN Fresno, California 11/17/20 A. The CONSULTANT shall perform the work contemplated with resources 22
1 available within its own organization and no portion of the work encompassed by this 2 AGREEMENT shall be subcontracted without written authorization by the COUNTY'S 3 CONTRACT ADMINISTRATOR, excepting only those portions of the work and the 4 responsible subconsultants that are expressly identified in Exhibit B hereto. 5 B. Nothing contained in this AGREEMENT or otherwise, shall create any 6 contractual relationship between the COUNTY and any Subconsultants, and no 7 subcontract between the CONSULTANT and any Subconsultant shall relieve the 8 CONSULTANT of any of its responsibilities and obligations hereunder. The CONSULTANT g agrees to be as fully responsible to the COUNTY for the acts and omissions of its 1 o Subconsultants and of persons either directly or indirectly em ployed by any of its 11 Subconsultants, as it is for the acts and omissions of persons directly em ployed by the 12 CONSUL TANT. The CONSUL TANT's obligation to pay its Subconsultants is an 13 independent obligation from the COUNTY's obligation to make payments to the 14 CONSULTANT. 15 C. Any subcontract in excess of $25,000 entered into by CONSULTANT, 16 pertaining to work to be performed under the AGREEMENT, shall contain all the provisions 17 stipulated in this AGREEMENT to be applicable to subconsultants. 18 D. Any substitution of subconsultants must be approved in writing by the 19 COUNTY'S CONTRACT ADMINISTRATOR in advance of assigning work to a substitute 20 subconsultant. 21 XVIII. EQUIPMENT PURCHASE 22 A. Prior authorization in writing by the COUNTY'S CONTRACT 23 ADMINISTRATOR shall be required before the CONSULTANT enters into any unbudgeted 24 purchase order, or subcontract exceeding $5,000 for supplies, equipment, or services. The 25 CONSULT ANT shall provide an evaluation of the necessity or desirability of incurring such 26 costs. 27 B. Prior authorization by the COUNTY'S CONTRACT ADMINISTRATOR shall 28 be required for purchase of any item, service or consulting work in excess of $5,000 that is COUNTY OF FRESN Fresno, California 11/17/20 23
1 not covered in the CONSULTANT'S Cost Proposal; and the CONSULTANT'S request must 2 be accompanied by at least three competitive quotations, unless the absence of bidding is 3 adequately justified, to the satisfaction of the COUNTY'S CONTRACT ADMINISTRATOR 4 in his or her discretion, by written explanation provided by the CONSULTANT with its 5 submittal. 6 C. Any authorized purchase of equipment as a result of the AGREEMENT is 7 subject to the following: 8 1. The CONSUL TANT shall maintain an inventory of all nonexpendable g property. Nonexpendable property is defined as having a useful life of at least two years 10 and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement 11 and is sold or traded in, the COUNTY shall receive a proper refund or credit at the 12 conclusion of the contract, or if the contract is terminated, the CONSUL TANT may either 13 keep the equipment and credit the COUNTY in an amount equal to its fair market value, or 14 sell such equipment at the best price obtainable at a public or private sale, in accordance 15 with established COUNTY procedures; and credit the COUNTY in an amount equal to the 16 sales price. If the CONSULTANT elects to keep the equipment, fair market value shall be 17 determined at the CONSULTANT'S expense, based on a competent independent appraisal 18 of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to 19 by the COUNTY and the CONSUL TANT, if it is determined to sell the equipment, the terms 20 and conditions of such sale must be approved in advance by the COUNTY. 21 2. Federal regulations (2 CFR Part 200) require a credit to Federal funds 22 when participating equipment with a fair market value greater than $5,000 is credited to the 23 PROJECT. 24 XIX. INSPECTION OF WORK 25 The CONSUL TANT and any Subconsultant shall permit the COUNTY, the state, 26 and/or the FHWA to review and inspect the PROJECT activities and files at all reasonable 27 times during the performance period of the AGREEMENT including review and inspection 28 on a daily basis. COUNTY OF FRESN Fresno, California 11/17/20 24
1 XX.SAFETY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/17/20 A. The CONSULTANT shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by COUNTY Safety Officer and other COUNTY representatives. The CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Vehicle Code 591, the COUNTY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. XXI. INSURANCE A. Without limiting the COUNTY'S right to obtain indemnification from the CONSUL TANT or any third parties, the CONSUL TANT, at its sole expense, shall maintain in full force and effect, the following insurance policies prior to commencement of any work for the COUNTY and, thereafter, throughout the entire term of the AGREEMENT (with the exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full force and effect for the additional period of time required by Paragraph 4 of this Article XXI, Section A). 1. Commercial General Liability Insurance with limits not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of not less than Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. The COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the AGREEMENT. 2. Comprehensive Automobile Liability Insurance with limits for bodily 25
1 injury of Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred 2 Thousand Dollars ($500,000) per accident and for property damages of Fifty Thousand 3 Dollars ($50,000), or such coverage with a combined single limit of Five Hundred Thousand 4 Dollars ($500,000). Coverage should include owned and non-owned vehicles used in 5 connection with the AGREEMENT. 6 3. Worker's Compensation insurance policy as required by the California 7 Labor Code. 8 4. Professional Liability Insurance: 9 a. If the CONSULTANT employs licensed professional staff in 10 providing services, Professional Liability Insurance with limits of One Million Dollars 11 ($1,000,000) per claim, Three Million Dollars ($3,000,000) annual aggregate. 12 b. The Professional Liability Insurance shall be kept in full force 13 and effect for a period of three (3) years from the date of substantial completion of the 14 CONSULTANT'S work as determined by the COUNTY. 15 C. The CONSULTANT shall obtain endorsements to the 16 Commercial General Liability insurance naming the COUNTY, its officers, agents, and 17 employees, individually and collectively, as additional insured, but only insofar as the 18 operations under the AGREEMENT are concerned. Such coverage for additional insured 19 shall apply as primary insurance and any other insurance, or self-insurance, maintained by 20 the COUNTY, its officers, agents and employees shall be excess only and not contributing 21 with insurance provided under the CONSULTANT'S policies herein. The CONSULTANT 22 shall give the COUNTY at least thirty (30) days advance written notice of any cancellation, 23 expiration, reduction or other material change in coverage with respect to any of the 24 aforesaid policies. 25 d. Prior to commencing any such work under the AGREEMENT, 26 the CONSULTANT shall provide to the COUNTY certificates of insurance and 27 endorsements for all of the required policies as specified above, stating that all such 28 insurance coverage has been obtained and is in full force; that the COUNTY, its officers, COUNTY OF FRESN Fresno, California 11/17/20 26
1 agents and employees will not be responsible for any premiums on the policies; that such 2 Commercial General Liability insurance names the COUNTY, its officers, agents and 3 employees, individually and collectively, as additional insured, but only insofar as the 4 operations under the AGREEMENT are concerned; that such coverage for additional 5 insured shall apply as primary insurance and any other insurance, or self-insurance, 6 maintained by the COUNTY, its officers, agents and employees, shall be excess only and 7 not contributing with insurance provided under the CONSULTANT'S policies herein; and 8 that this insurance shall not be cancelled or changed without a minimum of thirty (30) days g advance, written notice given to the COUNTY. All certificates shall clearly indicate the 10 COUNTY'S identifying Contract Number for this AGREEMENT, and the certificates shall be 11 sent to the attention of the COUNTY'S CONTRACT ADMINISTRATOR. 12 In the event the CONSUL TANT fails to keep in effect at all times 13 insurance coverage as herein provided, the COUNTY may, in addition to other remedies it 14 may have, suspend or terminate this AGREEMENT upon the occurrence of such event. 15 f. All policies shall be issued by admitted insurers licensed to do 16 business in the State of California, and all such insurance shall be purchased from 17 companies possessing a current A.M. Best, Inc. rating of A and FSC VII or better. 18 XXII. HOLD HARMLESS 19 A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY, its 20 officers, agents, and employees, against the payment of any and all costs and expenses 21 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and 22 liability for bodily and personal injury to or death of any person or for loss of any property to 23 the extent resulting from or arising out of any negligent or wrongful acts, errors or 24 omissions of the CONSULTANT, its officers, agents, and employees, in performing or 25 failing to perform any work, services, or functions under the AGREEMENT. 26 B. The COUNTY and the CONSUL TANT hereby declare their mutual intent to 27 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the 28 negligent performance or failure to perform of any construction contractor or subcontractor COUNTY OF FRESN Fresno, California 11/17/20 27
1 involved in the construction of the COUNTY'S PROJECT(S). Such cooperation may 2 include an agreement to prepare and present a cooperative defense after consultation with 3 the CONSULTANT'S professional liability insurance carrier. 4 XXIII. OWNERSHIP OF DATA 5 A. All documents, including preliminary documents, calculations, and survey 6 data, required in performing services under the AGREEMENT shall be submitted to, and 7 shall remain at all times the property of the COUNTY regardless of whether they are in the 8 possession of the CONSULTANT or any other person, firm, corporation or agency. 9 B. The CONSULTANT understands and agrees the COUNTY shall retain full 10 ownership rights of the drawings and work product of the CONSUL TANT for the PROJECT 11 to the fullest extent permitted by law. In this regard, the CONSULTANT acknowledges and 12 agrees the CONSULTANT'S services are on behalf of the COUNTY and are "works made 13 for hire," as that term is defined in copyright law, by the COUNTY; that the drawings and 14 work product to be prepared by the CONSULTANT are for the sole and exclusive use of 15 the COUNTY, and that the COUNTY shall be the sole owner of all patents, copyrights, 16 trademarks, trade secrets and other rights and contractual interests in connection therewith 17 which are developed and compensated solely under the AGREEMENT; that all the rights, 18 title and interest in and to the drawings and work product will be transferred to the 19 COUNTY by the CONSULTANT to the extent the CONSULTANT has an interest in and 20 authority to convey such rights; and the CONSULTANT will assist the COUNTY to obtain 21 and enforce patents, copyrights, trademarks, trade secrets, and other rights and contractual 22 interests relating to said drawings and work product, free and clear of any claim by the 23 CONSUL TANT or anyone claiming any right through the CONSULTANT. The 24 CONSULTANT further acknowledges and agrees the COUNTY'S ownership rights in such 25 drawings or work product, shall apply regardless of whether such drawings or work product, 26 or any copies thereof, are in possession of the CONSULTANT, or any other person, firm, 27 corporation, or entity. For purposes of this AG REEM ENT the terms "drawings and work 28 product" shall mean all reports and study findings commissioned to develop the PROJECT COUNTY OF FRESN Fresno, California 11/17/20 28
1 design, drawings and schematic or preliminary design documents, certified reproducibles o 2 the original final construction contract drawings, specifications, the approved estimate, 3 record drawings, as-built plans, and discoveries, developments, designs, improvement, 4 inventions, formulas, processes, techniques, or specific know-how and data generated or 5 conceived or reduced to practice or learning by the CONSULTANT, either alone or jointly 6 with others, that result from the tasks assigned to the CONSULTANT by the COUNTY 7 under the AGREEMENT. 8 C. If the AGREEMENT is terminated during or at the completion of any phase of 9 the PROJECT under Article Ill, a reproducible copy of report(s) or preliminary documents 10 shall be submitted by the CONSULTANT to the COUNTY, which may use them to 11 complete the PROJECT(S) at a future time. 12 D. If the PROJECT is terminated at the completion of a construction document 13 phase of the PROJECT, certified reproducibles on 4 mil thick double matte film of the 14 original final construction contract drawings, specifications, and approved engineer's 15 estimate shall be submitted by the CONSUL TANT to the COUNTY. 16 E. Documents, including drawings and specifications, prepared by the 17 CONSULTANT pursuant to the AGREEMENT are intended to be suitable for reuse by the 18 COUNTY or others on extensions of the services provided for the PROJECT. Any use of 19 completed documents for projects other than the PROJECT(S) and/or any use of 20 uncompleted documents will be at the COUNTY'S sole risk and without liability or legal 21 exposure to the CONSUL TANT. 22 The electronic files provided by the CONSUL TANT to the COUNTY are submitted 23 for an acceptance period lasting until the expiration of the AGREEMENT (i.e., throughout 24 the duration of the contract term, including any extensions). Any defects the COUNTY 25 discovers during such acceptance period will be reported to the CONSUL TANT and will be 26 corrected as part of the CONSULTANT'S "Basic Scope of Work." 27 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising 28 out of, or connected with (1) the modification or misuse by the COUNTY or anyone COUNTY OF FRESN Fresno, California 11/17/20 29
1 authorized by the COUNTY, of such CAD data, or (2) decline of accuracy or readability of 2 CAD data due to inappropriate storage conditions or duration; or (3) any use by the 3 COUNTY, or anyone authorized by the COUNTY, of such CAD data or other PROJECT 4 documentation for additions to the PROJECT for the completion of the PROJECT by 5 others, or for other projects; except to the extent that said use may be expressly 6 authorized, in writing, by the CONSULTANT. 7 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the 8 copyrighting of reports or other products of the AGREEMENT; and provided further, that if g copyrights are permitted; the CONSUL TANT hereby agrees and this AGREEMENT shall 10 be deemed to provide that the Federal Highway Administration shall have the royalty-free 11 nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize 12 others to use, the work for government purposes. 13 XXIV. CLAIMS FILED BY COUNTY'S CONSTRUCTION CONTRACTOR 14 A. If claims are filed by the COUNTY'S CONTRACTOR relating to work 15 performed by the CONSULTANT'S personnel, and additional information or assistance 16 from the CONSULTANT'S personnel is required in order to evaluate or defend against such 17 claims, then the CONSULTANT hereby agrees in such event to make its personnel 18 available for consultation with the COUNTY'S construction contract administration and legal 19 staff and fortestimony, if necessary, at depositions and at trial or arbitration proceedings. 20 B. The CONSULTANT'S personnel that the COUNTY considers essential to 21 assist in defending against the CONTRACTOR claims will be made available on 22 reasonable notice from the DIRECTOR. Services of the CONSULTANT'S personnel in 23 connection with consultation or testimony for this purpose will be performed pursuant to a 24 written contract amendment, if determined by the parties to be necessary or appropriate. 25 XXV. CONFIDENTIALITY OF DATA 26 A. All financial, statistical, personal, technical, or other data and information 27 relative to the COUNTY'S operations, which are designated confidential by the COUNTY 28 and made available to the CONSULTANT in order to carry out the AGREEMENT, shall be COUNTY OF FRESN Fresno, California 11/17/20 30
1 protected by the CONSULTANT from unauthorized use and disclosure. 2 B. Permission to disclose information on one occasion, or public hearing held by 3 the COUNTY relating to the AGREEMENT, shall not authorize the CONSULTANT to 4 further disclose such information, or disseminate the same on any other occasion. 5 C. The CONSULTANT shall not comment publicly to the press or any other 6 media regarding the AGREEMENT or the COUNTY'S actions on the same, except to the 7 COUNTY'S staff, the CONSULTANT'S own personnel involved in the performance of the 8 AGREEMENT, at public hearings or in response to questions from a Legislative committee. 9 D. The CONSULTANT shall not issue any news release or public relations item 10 of any nature, whatsoever, regarding work performed or to be performed under the 11 AGREEMENT without prior review of the contents thereof by the COUNTY, and receipt of 12 the COUNTY'S written permission. 13 E. All information related to the construction estimate is confidential and shall no 14 be disclosed by the CONSULTANT to any entity other than the COUNTY. 15 XXVI. NATIONAL LABOR RELATIONS BOARD CERTIFICATION 16 In accordance with Public Contract Code Section 10296, the CONSULTANT hereby 17 states under penalty of perjury that no more than one final unappealable finding of 18 contempt of court by a federal court has been issued against the CONSULTANT within the 19 immediately preceding two-year period, because of the CONSULTANT'S failure to comply 20 with an order of a federal court that orders the CONSULTANT to comply with an order of 21 the National Labor Relations Board. 22 XXVII. EVALUATION OF CONSULTANT 23 The CONSULTANT'S performance will be evaluated by the COUNTY using the form 24 attached as Exhibit F. A copy of the evaluation will be sent to the CONSULTANT for 25 comments. The evaluation together with the comments shall be retained as part of the 26 AGREEMENT record. 27 XXVIII. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION 28 COUNTY OF FRESN Fresno, California 11/17/20 A. The CONSULTANT'S signature affixed herein, and dated, shall constitute a 31
1 certification under penalty of perjury under the laws of the State of California that the 2 CONSULTANT has, unless exempt, complied with the nondiscrimination program 3 requirements of Government Code Section 12990 and Title 2, California 4 Administrative Code, Section 8103. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/17/20 B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSUL TANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section12990 et seq.), the applicable regulations promulgated there under (2 CCR Section11000 et seq.), the provisions of California Government Code Sections 11135-11139.5, and the regulations or standards adopted by the COUNTY to implement such article. The applicable regulations o the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), set forth 2 CCR Sections 8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as though fully set forth herein. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the COUNTY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said 32
1 Department or the COUNTY shall require to ascertain compliance with this clause. 2 E. CONSULTANT and its Subconsultants shall give written notice of their 3 obligations under this clause to labor organizations with which they have a collective 4 bargaining or other Agreement. 5 F. CONSULTANT shall include the nondiscrimination and compliance provisions 6 of this clause in all subcontracts to perform work under this AGREEMENT. 7 G. The CONSULTANT, with regard to the work performed under this 8 AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 g U.S.C. Section 2000d et seq.). Title VI provides that the recipients of federal assistance will 10 implement and maintain a policy of nondiscrimination in which no person in the United 11 States shall, on the basis of race, color, national origin, religion, sex, age, disability, be 12 excluded from participation in, denied the benefits of or subject to discrimination under any 13 program or activity by the recipients of federal assistance or their assignees and 14 successors in interest. 15 H. The CONSULTANT shall comply with regulations relative to non-16 discrimination in federally assisted programs of the U.S. Department of Transportation (49 17 CFR Part 21 -Effectuation of Title VI of the Civil Rights Act of 1964 ). Specifically, the 18 CONSUL TANT shall not participate either directly or indirectly in the discrimination 19 prohibited by 49 CFR Section 21.5, including employment practices and the selection and 20 retention of Subconsultants. 21 I. The CONSULTANT and subconsultants shall include the nondiscrimination 22 and compliance provisions of this clause in all subcontracts to perform work under the 23 AGREEMENT. 24 J. The CONSULTANT, subconsultant or subrecipient will never exclude any 25 person from participation in, deny any person the benefits of, or otherwise discriminate 26 against anyone in connection with the award and performance of any contract covered by 27 49 CFR 26 on the bases of race, color, sex, or national origin. In administering the 28 COUNTY components of the DBE Program Plan, CONSUL TANT, subconsultant or COUNTY OF FRESN Fresno, California 11/17/20 33
1 subrecipient will not, directly, or through contractual or other arrangements, use criteria or 2 methods of administration that have the effect of defeating or substantially impairing 3 accomplishment of the objectives of the DBE Program Plan with respect to individuals of a 4 particular race, color, sex or national origin. 5 XXIX. DEBARMENT AND SUSPENSION CERTIFICATION 6 A. The CONSULTANT'S signature affixed herein, shall constitute a certification 7 under penalty of perjury under the laws of the State of California, that the CONSUL TANT 8 has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and g Suspension Certificate, which certifies that he/she or any person associated therewith in 10 the capacity of owner, partner, director, officer, or manager, is not currently under 11 suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal 12 agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible 13 by any federal agency within the past three (3) years; does not have a proposed debarment 14 pending; and has not been indicted, convicted, or had a civil judgment rendered against it 15 by a court of competent jurisdiction in any matter involving fraud or official misconduct 16 within the past three (3) years. Any exceptions to this certification must be disclosed to the 17 COUNTY on Exhibit G. 18 B. Exceptions will not necessarily result in denial of recommendation for award 19 but will be considered in determining CONSUL TANT responsibility. Disclosures must 20 indicate to whom exceptions apply, initiating agency, and dates of action. 21 C. Exceptions to the Federal Government Excluded Parties Listing System 22 maintained by the General Services Administration are to be determined by the Federal 23 Highway Administration. 24 XXX. COMPLIANCE WITH LAWS AND STATE PREVAILING WAGE RATES 25 A. The CONSULTANT shall comply with the State of California's General 26 Prevailing Wage Rate requirements in accordance with California Labor Code, Section 27 1770, and all Federal, State, and local laws and ordinances applicable to the work. 28 COUNTY OF FRESN Fresno, California 11/17/20 B. Any subcontract entered into as a result of this contract if for more than 34
1 $25,000 for public works construction or more than $15,000 for the alteration, demolition, 2 repair, or maintenance of public works, shall contain all of the provisions of this Article. 3 XXXI. CONFLICT OF INTEREST 4 A. The CONSULTANT shall comply with the provisions of the COUNTY 5 Department of Public Works and Planning Conflict of Interest Code, attached hereto as 6 Exhibit H and incorporated herein. Such compliance shall include the filing of annual 7 statements pursuant to the regulations of the State Fair Political Practices Commission 8 including, but not limited to, portions of Form 700. 9 B. The CONSULTANT shall disclose any financial, business, or other 10 relationship with the COUNTY that may have an impact upon the outcome of this 11 AGREEMENT, or any ensuing COUNTY construction project. The CONSULTANT shall 12 also list current clients who may have a financial interest in the outcome of this 13 AGREEMENT, or any ensuing COUNTY construction project, which will follow. 14 C. The CONSULTANT hereby certifies that it does not now have, nor shall it 15 acquire any financial or business interest that would conflict with the performance of 16 services under this AGREEMENT. 17 D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any 18 firm affiliated with the CONSUL TANT will bid on any construction contract, or on any 19 contract to provide construction inspection for any construction the PROJECT resulting 20 from the AGREEMENT; provided, however, that this shall not be construed as disallowing 21 the CONSULTANT or affiliated firm from performing, pursuant to the AGREEMENT or othe 22 agreement with the COUNTY, construction inspection services on behalf of the COUNTY 23 for the PROJECT. An affiliated firm is one, which is subject to the control of the same 24 persons through joint ownership, or otherwise. 25 E. Except for subconsultants or subcontractors whose services are limited to 26 providing surveying or materials testing information, no subcontractor who has provided 27 design services in connection with this AGREEMENT shall be eligible to bid on any 28 construction contract, or on any contract to provide construction inspection for any COUNTY OF FRESN Fresno, California 11/17/20 35
1 construction project resulting from this AGREEMENT; provided, however, that this shall not 2 be construed as disallowing subcontractors who have provided design services for the 3 PROJECT from performing, pursuant to this AGREEMENT or other agreement with the 4 COUNTY, construction inspection services on behalf of the COUNTY for the PROJECT. 5 XXXII. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION 6 The CONSULTANT warrants that this AGREEMENT was not obtained or secured 7 through rebates, kickbacks or other unlawful consideration, either promised or paid to any 8 COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the g right, in its discretion, to do any of the following: terminate the AGREEMENTwithout 10 liability; or to pay only for the value of the work actually performed; or to deduct from the 11 AGREEMENT price, or otherwise recover the full amount of such rebate, kickback or other 12 unlawful consideration. 13 XXXIII. PROHIBITION OF EXPENDING COUNTY, STATE OR FEDERAL FUNDS FOR 14 LOBBYING 15 A. The CONSULTANT shall sign the lobbying forms, attached hereto and 16 incorporated herein as Exhibit I, as required by the instructions found on each form. 17 B. The CONSULTANT certifies to the best of his or her knowledge and belief 18 that: 19 1. No state, federal or COUNTY appropriated funds have been paid, or 20 will be paid by or on behalf of the CONSUL TANT to any person for influencing or 21 attempting to influence an officer or employee of any state or federal agency; a Member of 22 the State Legislature or United States Congress; an officer or employee of the Legislature 23 or Congress; or any employee of a Member of the Legislature or Congress, in connection 24 with any of the following: 25 26 27 28 COUNTY OF FRESN Fresno, California 11/17/20 a. b. C. d. the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, or 36
1 e. the extension, continuation, renewal, amendment, or 2 modification of any state or federal contract, grant, loan, or cooperative agreement. 3 2. If any funds other than federally appropriated funds have been paid, or 4 will be paid to any person for influencing or attempting to influence an officer or employee 5 of any federal agency; a Member of Congress; an officer or employee of Congress, or an 6 employee of a Member of Congress; in connection with this federal contract, grant, loan, or 7 cooperative agreement, then the CONSULTANT shall complete and submit Standard 8 Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 9 C. The certification required by the provisions of this Article is a material 10 representation of fact upon which reliance was placed when this transaction was made or 11 entered into. Submission of this certification is a prerequisite for making or entering into this 12 transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file the 13 required certification shall be subject to a civil penalty of not less than $10,000 and not 14 more than $100,000 for each such failure. 15 D. The CONSULTANT also agrees by signing this document that he or she shall 16 require that the language of this certification be included in all lower-tier subcontracts, 17 which exceed $100,000, and that all such sub-recipients shall certify and disclose 18 accordingly. 19 XXXIV. INDEPENDENT CONTRACTOR 20 A. In performance of the work, duties and obligations assumed by the 21 CONSULTANT under the AGREEMENT, it is mutually understood and agreed that the 22 CONSULTANT, including any and all of the CONSULTANT'S officers, agents, and employee 23 will at all times be acting and performing as an independent contractor, and shall act in an 24 independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, 25 or associate of the COUNTY. Furthermore, the COUNTY shall have no right to control or 26 supervise or direct the manner or method by which the CONSUL TANT shall perform its work 27 and function. However, the COUNTY shall retain the right to administer the AGREEMENT so 28 as to verify that the CONSUL TANT is performing its obligations in accordance with the terms COUNTY OF FRESN Fresno, California 11/17/20 37
1 and conditions thereof. 2 B. The CONSULTANT and the COUNTY shall comply with all applicable 3 provisions of law and the rules and regulations, if any, of governmental authorities having 4 jurisdiction over matters the subject thereof. 5 C. Because of its status as an independent contractor, the CONSULTANT shall 6 have absolutely no right to employment rights and benefits available to COUNTY employees. 7 The CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its 8 employees all legally-required employee benefits. In addition, the CONSULTANT shall be g solely responsible and save the COUNTY harmless from all matters relating to payment of the 10 CONSULTANT'S employees, including compliance with Social Security withholding and all 11 other regulations governing such matters. It is acknowledged that during the term of this 12 AGREEMENT, the CONSULTANT may be providing services to others unrelated to the 13 COUNTYorto this AGREEMENT. 14 XXXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS 15 This provision is only applicable if the CONSULTANT is operating as a corporation 16 (a for-profit or non-profit corporation) or if during the term of the AGREEMENT, the 17 CONSULANT changes its status to operate as a corporation. Members of the 18 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they 19 are a party to while the CONSULTANT is providing goods or performing services under the 20 AGREEMENT. A self-dealing transaction shall mean a transaction to which the 21 CONSULTANT is a party and in which one or more of its directors has a material financial 22 interest. Members of the Board of Directors shall disclose any self-dealing transactions to 23 which they are a party, by completing and signing a Self-Dealing Transaction Disclosure 24 Form, attached hereto and incorporated as Exhibit J and submitting it to the COUNTY prior 25 to commencing with the self-dealing transaction or immediately thereafter. 26 XXXVI. NOTIFICATION 27 All notices hereunder and communications regarding interpretation of the terms of 28 the AGREEMENT and changes thereto, shall be effected by the mailing thereof by COUNTY OF FRESN Fresno, California 11/17/20 38
1 registered or certified mail, return receipt requested, postage prepaid, and addressed to the 2 COUNTY'S CONTRACT ADMINISTRATOR and the CONSULTANT'S Project Manager 3 identified on Pages 1 and 2 of this AGREEMENT. 4 XXXVII. NON-ASSIGNMENT 5 Neither party shall assign, transfer or sub-contract the AGREEMENT or any of its 6 respective rights or duties hereunder, without the prior written consent of the other party. 7 XXXVIII. CONSULTANT'S LEGAL AUTHORITY 8 Each individual executing or attesting the AGREEMENT on behalf of the 9 CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly 10 authorized by or in accordance with the CONSULTANT'S corporate by-laws to execute or 11 attest and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii) that the 12 AGREEMENT, once he or she has executed it, is and shall be binding upon such 13 corporation. 14 XXXIX. BINDING UPON SUCCESSORS 15 The AG REEM ENT shall be binding upon and inure to the benefit of the parties and 16 their respective successors in interest, assigns, legal representatives, and heirs. 17 XL. INCONSISTENCIES 18 In the event of any inconsistency in interpreting the documents which constitute the 19 AGREEMENT, the inconsistency shall be resolved by giving precedence in the following 20 order of priority: (1) the text of the AGREEMENT (excluding Appendices); (2) Appendices 21 to the AGREEMENT. 22 XLI. SEVERABILITY 23 Should any part of the AGREEMENT be determined to be invalid or unenforceable, 24 then the AGREEMENT shall be construed as not containing such provision, and all other 25 provisions which are otherwise lawful shall remain in full force and effect, and to this end 26 the provisions of the AGREEMENT are hereby declared to be severable. 27 XLII. TITLE VI, APPENDIX E 28 The CONSULTANT shall abide by Appendix E of Title IX Assurances, attached as COUNTY OF FRESN Fresno, California 11/17/20 39
1 Exhibit K to this AGREEMENT. 2 XLIII. FINAL AGREEMENT 3 Both of the above-named parties to the AGREEMENT hereby expressly agree that 4 the AGREEMENT constitutes the entire agreement which is made and concluded in 5 duplicate between the two parties with respect to the subject matter hereof and supersedes 6 all previous negotiations, proposals, commitments, writing, advertisements, publications, 7 and understandings of any nature whatsoever unless expressly included in this 8 AGREEMENT. In consideration of promises, covenants and conditions contained in the g AGREEMENT, the CONSUL TANT and the COUNTY, and each of them, do hereby agree 10 to diligently perform in accordance with the terms and conditions of the AGREEMENT, as 11 evidenced by the signatures below. 12 \\\ 13 \\\ 14 \\\ 15 \\\ 16 \\\ 17 \\\ 18 \\\ 19 \\\ 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 COUNTY OF FRESN Fresno, California 11/17/20 40
EXHIBIT A Firm Principal and Key Personnel A WE President Becky Rozumowicz-Kodsuntie will serve as Firm Principal for the On-Call Environmental Consultant Services contract for County of Fresno, Department of Public Works and Planning (County). Ms. Rozumowicz-Kodsuntie will serve as the County's primary point of contact for the contract and will provide overall and day-to-day program management and administration for the County. She will have ultimate responsibility for ensuring the timely completion of all tasks in accordance with the County's rigorous quality standards. Ms. Rozumowicz-Kodsuntie will keep County staff informed of the status of all work assignments through regular formal and informal communication. She will take an active role in strategic planning for task orders. She will also have primary responsibility for managing the overall contract, task order budgets, and issuing the required monthly progress reports. AWE has organized a stellar team of project managers and technical experts to support the County's environmental service needs for public works projects. For each task order, Ms. Rozumowicz-Kodsuntie will assemble staff with the needed experience and expertise to assist the County in achieving their goals. For the work under this contract, each task order would be assigned to a Task Order/ Project Manager. Aimee Dour-Smith, Cory Brinkman, Corinne Munger, and Mary Clark Baloian will serve as Task Order/Project Managers. These individuals and Ms. Rozumowicz-Kodsuntie are our Key Staff for the on-call contract. Short biographical summaries of our Firm Principal and Project Managers are summarized in the following table and discussed below, indicating their primary role(s) under the contract, areas of expertise, educational background, and relevant project experience. The key staff biographies are followed by a description of selected technical specialists with direct involvement in providing services listed in the scope of work. Resumes for key staff and technical experts are provided in Attachment 1.
EXHIBIT A Firm Principal and Education Key Skills Licenses/Certification & Project Managers Other Credentials Area West Environmental, Inc. • CPESC (#6472) • QSD/QSP (#20991) • NEPA/CEQA Compliance • USFWS 1 0(a)(1 )(A) Becky Rozumowicz-B.S., Soil & Water • Biological AssessmenU permit TE-48210A-2 Monitoring ( California tiger Kodsuntie Science, University • Environmental Permitting salamander, California Principal of California, Davis • Construction Monitoring red-legged frog, & vernal • Mitigation Planning pool branchiopods) • CDFW State Collecting Permit #10148 • NEPA/CEQA Compliance • University of California Extension CEQA/NEPA B.S., Environmental • Stakeholder Meetings/ instructor Aimee Dour-Smith Policy Analysis and Facilitation and Public • UC Berkeley FHWA Project Manager Planning, University Outreach Environmental of California, Davis • Community Assessment Documentation • Section 4(f) Reports Instructor B.S., Environmental • NEPA/CEQA Compliance • USFWS and CDFW Cory Brinkman Policy, Humboldt • Construction Monitoring Approved Biological Project Manager State University • Environmental Permitting Monitor • Pre-construction Surveys • NEPA/CEQA Compliance Corinne Munger M.S., Biology, • Biological • CDFW State Collecting Senior Biologist University of Alaska AssessmenUMonitori ng Permit #11754 • Environmental Permitting • Mitigation Planning ~ Applied Earthworks Ph.D., Anthropology, • Cultural Resource • California Cultural Mary Clark Baloian Southern Methodist Management Resources Use Permit Principal Archaeologist University • Prehistoric Archaeology CA-18-22 • Project Management Becky Rozumowicz-Kodsuntie, Principal ❖ B. S., Soil & Water Science, University of California, Davis, California Becky Rozumowicz-Kodsuntie is founder and President of AWE and will function as Firm Principal to provide overall program management and administration. She has over 24 years of experience leading technical teams and synthesizing complex technical studies into high quality cohesive environmental compliance documents and will have ultimate responsibility for ensuring the timely I completion of all tasks to rigorous quality standards. She will take an active role in strategic planning and will have primary responsibility for managing the overall contract budget. As a Senior Biologist, she has consistently taken creative, strategic approaches to mitigation design and identified mechanisms to streamline project permitting. She maintains effective relationships with
EXHIBIT A many regulatory agency staff, enabling her to identify and resolve project issues early in the permitting process. Ms. Rozumowicz-Kodsuntie prepares California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance documents for public works projects including roadway improvements, bridge replacement projects, detention basins, sewer line capital improvement projects, and electrical distribution lines. Additionally, she routinely conducts biological investigations, oversees construction monitoring crews, and prepares wetland delineations, habitat suitability assessments, and special-status species investigations. Ms. Rozumowicz-Kodsuntie has been servicing as Firm Principal under our on-call environmental services contract with the County since 2015. She has had an active role in all task orders issued under the existing contract, including the preparation of technical studies, permit assistance, and construction services for the Watts Creek bridge replacement project, the North Frankwood Avenue over Alta Main Canal bridge replacement project, the Fresno Canal at Del Rey project, and 10 more bridge replacement and preventive maintenance projects for the County. Additionally, she has managed biological resources surveys, construction support, and mitigation bank planning directly for Caltrans District 6 highway projects under an on-call contract with Caltrans Districts 6 and 10. Aimee Dour-Smith, Project Manager ❖ B.S., Environmental Policy Analysis and Planning, University of California, Davis, California Aimee Dour-Smith is a Senior Environmental Planner at A WE and will serve as a Project Manager for the County. Ms. Dour-Smith has more than 20 years of experience managing environmental impact documents for transportation, energy, water supply, and flood control projects. She provides compliance assistance with CEQA, NEPA, Sections 404 and 401 of the Clean Water Act (CWA), State and Federal Endangered Species Act, Section 106 of the National Historic Preservation Act (NHPA), and Section 4(f) of the Department of Transportation Act of 1966. Ms. Dour-Smith has trained federal, state, and local agency representatives in CEQA and NEPA compliance through the University of California (UC) Extension program and taught workshops in environmental procedures for California Department of Transportation (Caltrans) Local Assistance projects through the UC Berkeley Institute of Transportation Studies. She has extensive experience in facilitating stakeholder meetings, coordinating interagency teams, and conducting public hearings. She has completed NEPA technical studies and CEQA compliance documents for bridge replacement and preventive maintenance projects throughout Fresno County, including the Italian Bar Road Bridge over San Joaquin River bridge replacement project and the North Frankwood Avenue over Alta Main Canal bridge replacement project. Cory Brinkman, Project Manager ❖ B.S., Environmental Science/Environmental Policy, Humboldt State University, Arcata, California Cory Brinkman is an Environmental Planner at AWE with over 8 years of experience working on road improvement and infrastructure projects in northern California. Mr. Brinkman will also serve as a Project Manager for the County. He has experience writing CEQA and NEPA compliance documents, Community Impact Assessments (CIA), Visual Impact Assessments (VIA), Preliminary Environmental Study (PES) forms, aquatic resource delineations, Biological Assessments (BA), and Natural Environment Studies (NES) for bridge replacement and preventive maintenance projects. He understands the Caltrans procedures for environmental clearance. He often prepares resource agency permit packages and assists clients in obtaining permits under Sections 404 and 401 of the CWA, Section 1602 and 2081 of the California Fish and Game Code (CFGC), and Sections 7 and
EXHIBIT A 10 of the federal Endangered Species Act (ESA). Mr. Brinkman has managed CEQA and NEPA compliance reports for many Caltrans Local Assistance projects, including the recent Rawhide Road Bridge Replacement Project in Tuolumne County, the Taylor Road Complete Streets projects in Placer County, and the Old La Honda Road Bridge Replacement Project in San Mateo County. Corinne Munger, Senior Biologist ❖ M. S., Biology, University of Alaska, Fairbanks, Alaska ❖ B.A., Environmental Studies, University of California, Santa Cruz, California Corinne Munger is an AWE Biologist with over 17 years of experience focused on ecological field research and biological impact analysis. For the duration of the contract with the County, Ms. Munger will serve as a Senior Biologist and Project Manager. Her expertise includes planning and implementing botanical and wildlife field surveys, as well as the development of environmental documentation for compliance with CEQA and NEPA, for U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) federal ESA Section 7 consultations, and for obtaining project permits from regulatory agencies. She has implemented special-status species surveys, noxious weed surveys, preconstruction wildlife clearance surveys, habitat assessments, and tree inventories for numerous water infrastructure and public works projects. She also routinely develops resource management plans, mitigation/monitoring plans, and environmental training materials. Ms. Munger has worked on the San Joaquin River upper watershed in Fresno County providing biological services for compliance with Federal Energy Regulatory Commission (FERC) requirements for hydroelectric relicensing projects. She also has experience completing Natural Environment Studies (NES), Biological Assessments (BAs), and permit applications for federally funded local transportation projects, including the Italian Bar Road over San Joaquin River bridge replacement project in Fresno and Madera Counties, the State Route 1 over Hare Creek bridge repair project in Mendocino County, and the Hot Springs Road Widening Project in Alpine County. Mary Clark Baloian, Ph.D., RPA, Principal Archaeologist ❖ Ph.D., Anthropology, Southern Methodist University, Dallas, Texas ❖ M.A., Anthropology, Southern Methodist University, Dallas, Texas ❖ B.A., Anthropology, University of California, Davis, California Dr. Mary Clark Baloian from Applied EarthWorks (JE) will serve as Principal Archaeologist and Project Manager responsible for directing professional staff and overseeing the quality of work. Dr. Baloian is a Registered Professional Archaeologist (RPA 15189) with more than 25 years of professional experience. Her experience includes project management, research design, data acquisition, laboratory direction and analysis, and preparation of technical reports and compliance documents. As Principal Archaeologist she oversees cultural resource management for projects throughout-the San Joaquin Valley. A number of these projects have been transportation improvements implemented under the Caltrans Local Assistance Program. These include, but are not limited to, the Nees Avenue Improvements Project and the Owens Mountain Parkway Improvements Project in the City of Clovis; City of Dinuba Alta Avenue and Nebraska Avenue Roundabout Project and Oak Grove Bridge on Mineral King Road Project in Tulare County. Dr. Baloian also served as the Consultant Contract Manager for Caltrans District 8 and District 5 on-call contracts for cultural resources. As a result, she is well versed in preparation of Caltrans environmental documents and works well with District 6 professionally qualified staff.
EXHIBIT A Technical Specialists The AWE Team's technical specialists have the experience necessary to efficiently complete studies and analyses necessary for the on-call contract with the County. Our Team's organization chart, showing key personnel and technical experts, and their responsibilities under the on-call contract, are shown on the figure below. AWE has been successfully teaming with many of these specialists for years on Caltrans Local Assistance projects. Short descriptions of technical specialists, including their educational background, credentials, and experience on projects comparable to the on-call environmental consultant services requested by the County are below. Resumes for these experts can be found in Attachment 1. BIOLOGICAL RE50URC.E5, WETLANDS, RBORl5T, BIRD & BAT EXCUJSlON B. Rozumowicz-Kodsuntie C.. Munger1 J. Pape (JPC M. Bailey S. Kantner Reid M. Kovet D. Duez. (CBE) B. Helm {HBC) J. Alvarez (Tll'✓P) 1 Kev personnel PROJECT MANAGBVIENT PRINCIPAL Becky Rozumowicz-Kodsunbe President PROJECT MANAGERS Aimee Dour-Smith1 Corinne Munger Cory Brinkmanl Mary Clark Baloian" (A:) f l'fCHNICAL SPEOAUSTS c.EQA/NEPA INrTIAl SITE ASSESSMENT, 4. Dour-Smith1 ASBESTOS, LEAD TESTING C. Brinkman1 L Long (BC) C.. Munger1 D. Morrell (BC) AJR QUALITY, NOIS . Brooks (T. Brooks) T. -homas (T. Brooks) HYOROACOUSTIC K. Legleiter (AMBIENT) WATER QUAUTY, H DROLOGV J. Loomis PERMITTING C. Brinkman' C. Brinkmanl B. Rozumowlcz-Kodsuntie1 SCHEDULE & BUDGET TRACKJNG C. Munger1 E. Hecox S. Brown Dion {Ta[lac) COMMUNITY IMPACT ASSESSMENT, SECTION 4(•) C. Brinkman A. Dour-sm·th1 VISUAL RESOURCES S. Brown Dion (Tatrac) T. Kodsuntle CULTURAL RE-OURCES M. Ba[oian {.-f.) D. Dyste (A:) C. Van Onna (A:) A: =Applied EartllWorks, AMBIENT=AMBIENTAirQuality& NoiseConsultingBC= Blackburn Consulting, CBE = California Bat Exclusion, HBC= Helm Biologic;;IConsulting,JPC=Jolln PapeConsulting, T. Brooks=T. Brooks&Associa:es, Tallac=TallacAppliedEcology& Design, WI/P = The Wildlife Program
EXHIBIT A Mary Bailey, Senior Botanist ❖ M.A., Archaeology and Heritage, University of Leicester, Leicester, UK ❖ B.S., Biology, California State University-Chico, Chico, California ❖ B.A., Anthropology, California State University-Chico, Chico, California Mary Bailey is a Senior Botanist at A WE with over 25 years of experience working on road improvement and infrastructure projects throughout northern California. For the duration of the contract, she will complete seasonal floristic surveys and aquatic resources delineation fieldwork. She has decades of experience conducting habitat assessments and floristic surveys, wetland delineations, and biological resources surveys. She has prepared CEQA environmental compliance documents and has provided botanical resources surveys for various Caltrans projects. Ms. Bailey specializes in California botanical surveys and floristic inventories for wetland and vernal pool habitat. Ms. Bailey has extensive experience with preparing reports and surveys using Cal trans' Standard Environmental Reference (SER). Her recent Caltrans Local Assistance and Capital Improvement projects include the Rogers Road over Delta Mendota Canal bridge replacement project in Stanislaus County, the Italian Road Bridge over San Joaquin River bridge replacement project in Fresno and Madera Counties, and highway culvert replacement projects for Caltrans Districts 1 and 2 in Mendocino, Humboldt, and Siskiyou Counties. Saraah Kantner Reid, Biologist ❖ B.S., Evolution, Ecology and Biodiversity, University of California, Davis, California Saraah Kantner Reid is an Entomologist and Biologist. Ms. Kantner Reid will serve as an Entomologist for the duration of the contract with the County. She worked in several research labs in the Entomology and Oceanography departments at UC Davis completing lab and field work, climate studies, invertebrate taxonomic research, and vector control studies for journal publication. She has worked as the Collection Manager for the California State Collection of Arthropods (CSCA) for California Department of Food & Agriculture (CDFA) and contributed to several research studies on enhancing and preserving California ecological diversity, biological insect vector control and exclusion, and invasive plant management in open spaces and along the California highway system. She has worked on State ecological exclusion studies for yellow star thistle, red gum lerp psyllid, lygus bug, Mediterranean and Oriental fruit fly, Japanese beetle and Asian longhorn beetle. Recent projects include preparation of a Natural Environment Study and aquatic resources delineation report for the State Route 1 over Hare Creek bridge repair project in Mendocino County and preparation of a BA for the Portola Road over Alambique Creek bridge replacement project in San Mateo County. James Loomis, PE, Water Quality Specialist ❖ B.S., Civil Engineering, California State University, Fresno, California ❖ QSD/QSP (#60981) James Loomis is a Professional Engineer at A WE. His civil engineering experience spans over 20 years and has encompassed all phases of project development. He will serve as the Water Quality Specialist for the County. He regularly provides input on the preparation of CEQA environmental documents for local agency Capital Improvement Projects such as roadway and utility improvement projects, bridge replacement and facility projects, and detention basin projects. He has also prepared documentation for the issuance of environmental permits, including CFGC Section 1600 Lake and Streambed Alteration Agreements (LSAA) and CWA Section 401, 402, and 404 permits.
EXHIBIT A He is a Qualified Stormwater Pollution Prevention Plan (SWPPP) Practitioner (QSP)/ Qualified SWPPP Developer (QSD) and provides inspection, sampling, and reporting for SWPPP compliance. He ensures permit compliance during construction activities by observing all construction and ground disturbing activities and submitting monitoring reports. Recent projects include water quality oversight and permit compliance for federally funded trail projects in Sacramento County, a water treatment plant habitat restoration project in Contra Costa County, and a roadway widening and safety improvement project in Placer County. Mr. Loomis' experience in design, engineering, environmental and construction management make him an important asset when vetting proposed mitigation measures.
EXHIBIT B Subconsultants In addition to staff at A WE, as previously discussed, we have organized a team of technical experts from other firms with considerable experience providing environmental services for local infrastructure projects that will compliment AWE's staff. We cultivate lasting working relationships with our subconsultant team members and together we have worked collaboratively to deliver quality services to various clients including Local Assistance Projects. Our team includes the following firms. AMBIENT Air Quality & Noise Consulting AMBIENT was founded in 2004 by Mr. Kurt Legleiter. Mr. Legleiter has over 25 years of experience related to the assessment of air quality, greenhouse gas, environmental noise, and groundbome vibration impacts. AMBIENT maintains a working knowledge of federal, state, and local regulatory requirements, including those required by the Federal Transit Administration, Federal Highway Administration (FHWA) and Caltrans. He routinely completes Noise Study Reports Air Quality Conformity Assessment, and Air Quality and greenhouse Gas Analyses using the guidance from the Caltrans SER. Representative projects for which technical reports and impact assessments have been prepared include transportation improvement projects, water and wastewater treatment and conveyance systems, electrical distribution systems, school facility and community development projects. AMBIENT provides a broad range of services, with particular emphasis on providing analytical support and documentation for proposed projects subject to CEQA and NEPA requirements. Additional services include regulatory and code compliance investigations, emissions modeling, barrier feasibility analyses, ambient noise and vibration monitoring, and land use compatibility
EXHIBIT B determinations. The company is located in Paso Robles, California and provides services throughout California. The relationship between AMBIENT and A WE first started in 2007 on the Rawhide Road Bridge at Woods Creek Project in Tuolumne County, California and continues to this day. On this contract, AMBIENT will provide noise impact assessment, air quality and greenhouse gas analyses, and hydroacoustic modeling in support of CEQA/NEPA documents and biological assessments. Applied Earthworks 1E is a certified small business (DGS #16062) providing cultural and paleontological resource management services across the state. Incorporated in 1995, 1E has successfully completed more than 4,100 projects for over 1,000 customers totaling more than $129 million in revenue. As a California corporation based in Fresno, 1E has all the technical and labor resources of a large statewide firm, as well as the knowledge and understanding of a local company that has worked in the Central Valley for 25 years. Their team offers comprehensive consultation that allows clients to make informed decisions about the identification, avoidance, or treatment of cultural and paleontological resources. Although the partnership between A WE and 1E is new, 1E has served the County of Fresno under a Master Services Agreement for the past 15 years, providing on-call cultural resource services for various road and capital improvement projects. Most of these projects were federally funded capital improvement projects-specifically Caltrans Local Assistance-that required the preparation of an Archaeological Survey Report (ASR), Historic Resources Evaluation Report (HRER), Historic Properties Survey Report (HPSR), Area of Potential Effects (APE) maps and, in some cases, an Extended Phase I/Phase II proposal and report or Finding of Effect (FOE). Senior personnel offer decades of experience managing cultural resources in both the public and private sectors and enjoy excellent working relationships with local Native American communities, the California Office of Historic Preservation (OHP), Caltrans District 6 professionally qualified staff, state and federal land-management agencies, and local historical societies. On this contract, 1E will provide cultural and historical resources assessments and paleontological resource ~ssessments. Blackburn Consulting Blackburn Consulting (Blackburn), formed m 1998, provides geotechnical/ geo-environrnental consulting, materials testing, and construction inspection services. They are a certified small business with B LAC K B U R N offices in Fresno, West Sacramento, and Auburn, California. Blackburn is C O N S U LT I N G committed to public sector projects and stays current with state and local agency requirements. This translates into efficient analysis, less review time, and practical solutions. Blackburn specializes in roadways, bridges, tanks, pipelines, water/wastewater treatment plants, landslide mitigation, levees, and dams. Blackburn has a strong reputation for quality because they take the time to do things right. AWE and Blackburn have worked together on various Caltrans Local Assistance transportation projects over the last 3 years, including the Riverfront Street Extension Project in Yolo County and the Taylor Road Complete Streets Projects in Placer County. A WE and Blackburn will begin work on bridge preventive maintenance projects for the City of Fresno this summer. On this contract, Blackburn will provide their expertise to completing
EXHIBIT B Phase I Initial Site Assessments, Phase II hazardous materials testing, and geotechnical services needed to support NEPA and CEQA approvals and right-of-way clearance. California Bat Exclusion ~~~'<r BAT EXCLUSION ...r '.t 't' California Bat Exclusion (CBE) is a registered sole proprietorship in California with four decades of experience in bat exclusion, and is a member of Bat Conservation International. They specialize in bat exclusion services through processes approved by Bat Conservation International and widely accepted as the most humane method of safely dealing with bat colonization of built structures. CBE is a proud leader in the industry, and their expertise is driven by years devoted to the study of and safe exclusion of bats in compliance with CFGC and the federal ESA. California Bat Exclusion owner, Darren Duez, has over 15 years of experience in ecologically sound bat exclusion and has been tasked with many different bat exclusion jobs ranging from small residential to jobs with the United States Department of Defense (DOD). On this contract, California Bat Exclusion will provide bird and bat exclusion services for bridge repair and replacement projects. Helm Biological Consulting ~HELM 1---·'-= lJIOlO(ifCAl CONSlllTIN(i '·-;;;~;,~ .. 4600 Karchner Rd, Sheridan, CA 95861 HBC is a certified small business founded in 2002 in Sheridan, California. HBC is an environmental consulting firm specializing in biological resource studies, mitigation bank creation and management, habitat establishment, and ecological research. HBC has provided their unique expertise and experience to private, non-profit, city, county, state and federal entities for more than 550 projects, including wetland habitat rehabilitati9n and mitigation bank creation spanning multiple county service areas. They· specialize in assisting clients with environmental compliance and permitting efforts. HBC has years of experience conducting wetland delineations for compliance with Sections 401 and 404 of the CWA and Section 1600 of CFGC, and extensive experience completing agency consultation pursuant to Section 7 and 10 of the federal ESA and preparing-CEQA/NEPA documentation. AWE and HBC have worked together since both companies began, 20 years ago. On this contract, HBC will provide biological services such as plant and wildlife surveys, habitat assessments, wetland delineations, and restoration and mitigation planning services. John Pape Consulting J O H N PAPE JPC has been providing consulting arboriculture and horticulture services in California for more than 47 years. C O N S U L T I N G Their customers include commercial, municipal, industrial, Arbori,t & I-lorticul!11ra/ Prafessio11a/ insurance, law firms, and residential. They provide experienced and accredited consultation services, assisting our customers to solve problems, accomplish goals, or make decisions about their trees and/or landscapes. Their practice areas as Consulting Arborists include, risk assessment, tree preservation, and appraisal. In addition, they provide diagnosis of tree and landscape problems, insect and disease identification, plant health care
EXHIBIT B :\IU:A ',, WEST E~\"111( >Xlll•::,TAl.111:C programs, tree inventories, tree management planning, tree planting programs, tree protection plans for construction projects, expert witness, landscape irrigation audits, and education or training for public and private organizations. On this contract, JPC will provide arboricultural services for the County. · T. Brooks and Associates T. Brooks is based in Clovis, in the County of Fresno, California. The firm was founded in 1993 and is still under the same ownership. The firm specializes in providing professional consulting and testing services related to: asbestos, lead paint, indoor air quality, airborne chemical testing, mold and roof consulting. The firm provides services throughout California as well as other U.S. states. The firm is a California Corporation and a California Certified Small Business. lJ3sioc~frSE~, INC. T. Brooks provides a wide array of outstanding professional consulting services to assist our clients with their needs. On this contract, T. Brooks will provide lead and asbestos testing services for the County in coordination with Blackbum. Tallac Applied Ecology & Design, LLC .......... Tallac is a certified small women-owned business established ~Ta 11 a C in 2005 by Sheri Brown Diofl and Gerald Dion. Tallac ~ Applied Ecology & Design provides expertise in ecological restoration, Geographic Information Systems (GIS), landscape architecture, environmental interpretation, and VIA. They are a micro-business dedicated to providing the highest quality planning and design work for their clients. Tallac is nimble and responsive to client needs, creative in their problem solving, and delivers outstanding products. Collectively they have a broad range of experience and technical skills to tackle many design and resource management issues. Tallac has partnered with A WE since 2013 to provide VIAs and habitat restoration planning services on a number of Caltrans Local Assistance projects. Under this contract, Tallac will prepare VIAs, design interpretive exhibits for public spaces, and provide restoration planning in support of project permits and mitigation requirements. The Wildlife Project TWP is a company that has conducted surveys for special-status invertebrate, fish, amphibian, reptile, bird, and mammal species in California, Nevada, Oregon, eastern Washington, and southern Arizona. TWP has assessed the biotic component of proposed development sites for conservation organizations, private industry, and governmental agencies within California and adjacent states and prepared wildlife inventory reports, species-specific THE WILDLIFE PROJECT management plans, biological assessments, biological section of Environmental Impact Reports (EIR), and other documents for CEQA compliance. TWP provides bird and bat surveys and exclusion plans and services. AWE and TWP have successfully worked together since both companies began, 20 years ago. Under this contract, TWP will assist in providing biological services such as plant and wildlife surveys, habitat assessments, wetland delineations, and bat acoustical surveys.
Local Assistance Procedures Manual EXHIBIT C Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1 . Local Agency: County of Fresno 2. Contract DBE Goal: --------------------4.0% 3. Project Description: On-Call Environmental Consultant Services 4. Project Location: Fresno County ------------------------------------------5. Consultant's Name: Area West Environmental, Inc. 6. Prime Certified DBE: ~ 7. Description of Work, Service, or Materials 8.DBE Certification 9. DBE Contact Information 10. DBE% Supplied Number Environmental and Biological Resources-NEPA and Area West Environmental, Inc. CEQA technical studies and reports, permits, 32027 6248 Main Street, Suite C, Orangevale, CA 95662 15% surveys, monitoring 916-987-3362 Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 15 % 18. Federal-Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required. ~~awiGts 5/15/2020 12. Preparer's Signature 13. Date Becky Rozumowicz-Kodsuntie 916-987-3362 14. Preparer's Name 15. Phone President 16. Preparer's Title DISTRIBUTION: Original -Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Pagel of2 January 2019
Local Assistance Procedures Manual EXHIBIT C Exhibit l0-02 Consultant Contrnct DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: County of Fresno 2. Contract DBE Goal: 4.0% 3. Project Description: On-Call Environmental Consultant Services 4. Project Location: Fresno County ------------------------------------------5. Consultant's Name: Area West Environmental, Inc. 6. Prime Certified DBE: ~ 7. Total Contract Award Amount: TBD ------8. Total Dollar Amount for ALL Subconsultants: TBD 9. Total Number of ALL Subconsultants: TBD 10. Description of Work, Service, or Materials 11. DBE 13. DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount Environmental and Biological Resources-NEPA and Area west Env1ronmentaI, Inc. CEQA technical studies and reports, permits, 32027 6248 Main Street, Suite C, Orangevale, CA 95662 TBD surveys, monitoring 916-987-3362 Local Agency to Complete this Section 20. Local Agency Contract $ TBD t\li1mhAr' 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal-Aid Project Number: 22. Contract Execution >=15 % n:::,tp• -Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. ~~owi,:;D 5/15/2020 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Becky Rozumowicz-Kodsuntie 916-987-3362 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18.Phone President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original -Local Agency 2. Copy -Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street. MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015
5/13/2020 filtiR to Main Content UCP Web Application -List Back To Ql!filY___fQrm (licenseForm.htm) Search Returned 1 Records Wed May 1312:04:52 PDT 2020 Query Criteria Certification Types: DBE Firm ID: 32027 Firm ID OBA Name Firm Name Address Llne1 Address Llne2 City State Zip Code1 Zip Code2 Mailing Address Line1 Malling Address Llne2 Malling City Mailing State Mailing Zip Code1 Malling Zip Code2 Certification Type EMail Contact Name Area Code Phone Number Extension Alt Area Code Alt Phone Number Extension Fax Area Code Fax Phone Number Agency Name Counties Districts DBE NAICS ACDBE NAICS Work Codes Licenses Trucks Gender Ethnicity Firm Type 32027 AREA WEST ENVIRONMENTAL, INC. AREA WEST ENVIRONMENTAL, INC. 7006 ANICE STREET ORANGEVALE CA 95662 7006 ANICE STREET ORANGEVALE CA 95662 DBE becky@areawest.net REBECCA ROZUMOWICZ-KODSUN 916 987-3362 DEPARTMENT OF TRANSPORTATION 03; 04; 05; 06; 07; 09; 10; 11; 15; 20; 22; 24; 25; 26; 27; 28; 31; 32; 34; 39; 40; 45; 46; 47; 48; 49; 50; 51; 52; 53; 54; 55; 57; 58; 02; 03; 04; 05; 06; 09; 10; 541611; 541620; 541690; 541712; 541720; 541990; 561110; 712120; 813319; 926120; C8795 Environmental-Regulatory; C8701 BUSINESS ADMINISTRATION; C8707 FEASIBILITY STUDIES; C8852 SWPPP Planning; C8708 CONSULTANT.MASS TRANSITffRANSPORTATION; C8713 CONSULTANT, ENVIRONMENTAL; C8714 CONSULTANT, PROJECT MANAGEMENT/ BUSINESS ADMIN; C8835 ARCHEOLOGY & ARCHAEOLOGICAL SURVEY REPORT; C8834 Bicycle, Pedeslrian Studies; C8837 Citizen, Community Involvement; C8822 Community Economic Development; C8801 Construction Project and Document Control; C8820 Demographic Analysis; C8832 Diversity Issues/ Minority Impact Studies; C8821 Economic Analysis; C8830 Energy Studies; C8792 Environment Biological Studies; C8793 Environmental -Environmental Impact Assessment; C8794 Environmental -Waler Quality; C8831 Housing Studies; C8840 lntermodal Planning; C8700 CONSULTANT, NON ENGINEERING; F CAUCASIAN DBE https://ucp.dot.ca.gov/querySubmit.htm 1/1
Local Assistance Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL Page I o f 3
SPECIFIC RATE O F COMPENSATION (USE FOR ON-CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant Area West Enviromnental, Inc. X Prime Consultant Subconsultant
Project No. ___________ Contract No. _____ _
Fresn~LCounty On-call Consultant Services
Participation Amount ________ _
For Combined Rate Fringe% + Overhead%
84.11 % 76.36%
For Home Office Rate Fringe %
For Field Office Rate Fringe %
BILLING INFORMATION
+ Overhead%
+ Overhead%
Name/Job Title/Classification 1 Hourly Billing Rates,
Straight 3 OT(l.5x) OT(2x)
Rozumowicz-Kodsuntie, Rebecca J . * $194 .83 $194.83 $194.83
Principal/Biological Resources Lead $202.62 $202.62 $202.62
$210.73 $210.73 $210.73 ------ -------
$219.16 $219.16 $219.16
$227.93 $227 .93 $227.93
Exempt $237.04 $237.04 $237.04
Aiken, Mikhela W . **** $34.38 $51.57 $68 .76 ------. --•---·-•-----·-
Technician $37.25 $55 .87 $74.49
+ G&A%
OR
+ G&A%
+ G&A 0/r,
Fee=
% Increase=
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or Avg. %or$
From To Hourly Rate4 Increase
1/1 /2020 12 /31/2020 S68.00
-~---·---------·--..
1/1/2021 12 /31/2021 $70.72 4 .0%
·----·---------·--•· --------1/1/2022 12/31/2022 $73.55 4.0% -· ---·•-----1/1/2023 12 /31 /2023 $76.49 4 .0% -. ----· ------
1/1/2024 12/31/2024 $79.55 4.0% --· -
1/1/2025 12/31/2025 S82.73 4.0%
1/1/2020 12/31/2020 $12 .00 ----
1/1/2021 12/31/2021 $13 .00 SB3
EXHIBIT 1 0-H2
Cost Proposal
2nd Tier Subconsultant
Date 5/27/2020
Combined ICR %
160.47%
Home Office ICR %
0 .00%
Field Office ICR %
0.00%
10%
4.0%
Hourly Range -
for Classifications Only
I
Not Applicable . !
I -· ... ·--:----!
I
I ------: . ---
I
I --· .. ---
I
-!
i ·---
I
-----·-: -
Not Applicable : -------,-
I
I
-
. -
-
-
·--------------· --;---·•
$40.11 $60.17 $80.22 1/1/2022 12/31/2022 $14.00 SB3 : - -
---------------·------------------·-i ------$42 .98 $64.47 $85.96 1/1 /2023 12 /31/2023 $15.00 SB3 I --- -----------------'------
$44.70 $67.04 $89.39 1/1/2 024 12 /31/2024 $15.60 4.0% I
I -----------··· --~i• ·---
Non-Exempt S46.48 $69.73 $92.97 1/1/2025 12/31/2025 Sl6.22 4.0%
Bailey, ~a1y L. $143.26 $214.89 $286.52 1/1/2020 12/31/2020 S50.00 J-Jot Applicable_ L -------------
Ard weolqgist Ill/ $148 .99 $223.48 $297.98 1/1/2021 12 /31 /2021 $52.00 4.0% I
I ---·--· ·•------:--·-· ~ ·-·---·
CulwrqJ f.ir!s_ources J E.ecj_ali!_t $154.95 $232.42 $309.90 1/1/2022 12 /31 /2022 $54.08 4 .0% I
I -----·-------···:----------$161.15 $241.72 $322 .29 1/1/2023 12 /31 /2023 $56-24 4.0% -·---·---; ·-·-----$167 .59 $251.39 $335 .18 1/1/2024 12 /3 1/2024 $58.49 4.0% ---------·------· --· ---:--•---• -----
Non-Exempt $174.30 $261.44 $348.59 1/1/2025 12 /31/2025 $60.83 4 .0% I
I
!3_!:inkrnai~~-Cory G . $108.88 $108.88 $108.88 1/1 /2020 12 /31/2020 $38.00 ~ot Ap_plicable _ ! -----. ------·-·----·------Pla11nerIII $113.23 $113.23 $113 .23 1/1/2021 12 /31 /2021 $39.52 4.0% I
--------·------------------·--·--·-·-· ! __ -·---
Page 1 of 11
Local Assistance Procedures Manual
BILLING INFORMATION
Name/Job T itle/Classification I Hourly Billing Rates ' Effective Date of Hourly Rate
Straight3 OT(l .5x) OT(2x) From To
$117 .76 $117.76 $117.76 1/1/2022 12 /31/2022 --
$122.47 $122.47 $122.47 1/1/2023 12 /31/2023 -.
$127.37 $127.37 $127 .37 1/1/2024 12 /31/2024 . ---Exempt $132.46 $132.46 $132.46 1/1/2025 12/31/2025
~COWi!, Eli ~abeth _1=_: $57.30 $85.96 SI 14.61 1/1/2020 12 /31/2020 ---Te ch11icia11 $59 .60 $89.39 $119 .19 1/1/2021 12 /3 1/2021 - ---
$61.98 $92 .97 $123.96 1/1 /2022 12 /3 1/2022 -·
$64.46 $96 .69 $128.92 1/1/2023 12/3 1/2023 --------------~-
$67.04 $100.56 $134.07 1/1/2024 12/31 /2024 . .. ---------------
Non-Exempt $69 .72 $104.58 $139.44 1/1 /2025 12 /31/2025
!2 avis, ~eghan B . $51.57 $77.36 $103.15 1/1/2020 12/31/2020 -
Technician $53.64 $80.45 $107.27 1/1/2021 12 /31 /2021 -$55.78 $83.67 $111.56 1/1/2022 12 /31 /2022 --$58.01 $87.02 $116.03 1/1/2023 12 /31/2023
$60.33 $90.50 $120.67 l/1/2024 12 /31 /2024 --Non-Exempt $62.75 $94 .12 $125.49 1/1/2025 12/31/2025
Dour-Smith, Aj mee A. $169 .70 $254 .56 $339.41 1/1/2020 12 /3 li2020
CEQA INEP.j Sp ecialist $176.49 $264 .74 $352.98 1/1 /2021 12 /3 1/2021 -·-
$183.55 $275 .33 $367.10 1/1/2022 12 /31 /2022 --
$190.89 $286 .34 $381.79 1/1/2023 12 /3 1/2023 . ---$198.53 $297 .79 $397.06 1/1/2024 12 /3 1/2024 -· --
Non-Exempt $206.47 $309.71 $412 .94 1/1 /2025 12 /31/2025
!?rak~, Emily $48 .71 $73.06 $97.42 1/1/2020 12/31/2020 . -
Technician $50 .66 $75.98 $101.31 1/1/2021 12 /31 /2021 -------------
$52 .68 $79 .02 $105.36 1/1/2022 12 /31/2022 . -------·----
$54.79 $82.18 $109.58 1/1/2023 12 /31 /2023 -$56 .98 $85.47 $113 .96 1/1/2024 12 /31 /2024
Non-Exempt $59 .26 $88 .89 Sl 18.52 1/1/2025 12 /3 1/2025
!::_rem£~!, Mattl:_e~ J. $166 .18 $249.27 $332.36 1/1/2020 12 /31 /2020
Sr. GI§ Specialist $172.83 $259.24 $345 .65 1/1/2021 12/31/2021 -$179 .74 $269.61 $359.48 1/1/2022 12/31/2022 -
$186 .93 $280.39 $373.86 1/1/2023 12 /31 /2023
$194.41 $291.61 $388.81 1/1/2024 12 /31/2024 ----
Non-Exempt $202.18 $303.27 S404.37 1/1/2025 12/31 /2025
!!_a ro , Gabriel A. $57.30 $85 .96 Sl 14 .61 1/1/2020 12/31 /2020 -Te cl,nician $59 .60 $89.39 $119.19 1/1/2021 12/3 1/2021 . -------------
$61.98 $92 .97 $123 .96 1/1/2022 12/3 1/2022
$64.46 $96.69 $128.92 1/1/2023 12 /31 /2023 ---·--·-$67 .04 $100 .56 $134.07 1/1 /2024 12 /31 /2024 ... --·-
Non-Exempt $69 .72 $104.58 $139.44 1/1/2025 12 /31/2025
!-_!eco ~, Ericka A. S71.63 $107.44 S143 .26 1/1/2020 12 /31/2020
froJ!!c t 1_!:counta (II I $74.49 $111.74 $148 .99 1/1/2 021 12 /31 /2021 ... -· ·-· ·-------
CALCULATION INFORMATION
EXHIBIT 10-H2
Cost Proposal
Actual or Avg. %or$ Hourly Range -
Hourly Rate4 Increase for Classifications Only
$41.10 4.0% I
I -----·----·-·------:--·--$42 .74 4 .0% I
I ---------------j ---·--$44.45 4.0% I ------··-------:--·-··-• $46.23 4.0 % I
I
$20.00 _ Not Appjicable _! ____ ------------·--$20.80 4.0% I
I --------... -i -• ---·-·-$21.63 4.0% I
I -· ------------·---·----.
$22.50 4.0% I
I --_, ____ ---
$23.40 4 .0% I
I ---·---'---· ---I $24.33 4.0% I
I
$18.00 _ Not Ap pficable _!_ _ --------
$1 8 .72 4 .0 % I
I ---··-______ , ·----
$19.47 4.0 % I
I ------------;------·•---
$20.25 4 .0 % I
I --,--------
$21.06 4.0% : ----------·--------•-·•----·-·····-· S21.90 4.0% I
I
$59.23 Not Applicable : -·-----------,-· --------·-
$61.60 4 .0% I .. ----I ---. -·, $64.06 4.0 % I
I ----------• -----$66.63 4.0 % : ·---i--$69.29 4.0% I ------·-'---..
$72 .06 4 .0 % I
I
I
$17.00 _l-l o!~PPJ_!£aE_le L -----------------$17.68 4.0% I
-· -------------! -$18.39 4.0% j
I ------------:---·----$19.12 4.0% I
I ------·---------.--$19.89 4.0% I -------·---i---.
S20.68 4.0%
$58.00 Not AQplicable ! ----------$60.32 4 .0 % -----·-:-
·-·-----·----•------:---$62.73 4 .0% ----------~----; --------$65.24 4.0% I ------------·----:-----.
$67.85 4 .0 % : ------· -----------· -$70.57 4.0% I
I
$20.00 _ Not AJ}plicable 1 _________ ---
$20.80 4 .0% I
I ----------·---·-----------!-------$21 .63 4.0% I
I -----------:-------- -$22.50 4 .0% I -----------:-------$23.40 4.0 % ----·-•---!------
$24.33 4 .0 % I
I
S25.00 Not Applicable !
$26.00 f-· 4.0% . ,. :
----------·------, __ ·-·---
Page 2 of 11
Local Assistance Procedures Manual
BILLING INFORMATION
Name/Job Title/Classification I Hourly Billing RatesL Effective Date of Hourly Rate
Straight' OT( l.5x) OT(2x) From To
$77.47 $116.2 1 $154.95 1/1/2022 12 /31/2022 --·
$80.57 $120.86 $161.15 1/1/2023 12 /3 1/2023 -
$83.80 $125.69 $167.59 1/1/2024 12 /31/2024 -----
Non-Exempt $87.15 $130.72 $174.30 1/1/2025 12/31 /2 025
!:_!:ecox, Jessica A. $51.57 $77.36 $l03.15 1/1/2020 12/31/2020
Teclz11icia11 $53.64 $80.45 $107.27 1/1/2021 12 /31/2021 -$55.78 $83.67 $111.56 1/1 /2 022 12 /31/2022
$58.01 $87.02 $116.03 1/1/2023 12 /3 1/202 3 ---
$60.33 $90.50 $120.67 1/1/2024 12/3 1/2 024 --
Non-Exempt $62 .75 $94.12 $125.49 1/1/2025 12 /31/2025
!:!_inkley,_Cl~ri~ine tv!-$71.63 $107.44 $143.26 1/1/2020 12 /31/2020
Pro}eEI Accountant I $74.49 $111.74 $148.99 1/1/2 021 12 /31 /2021 --
$77.47 $116.21 $154.95 1/1/2022 12 /31/2022 .. -
$80.57 $120.86 $161.15 1/1/2023 12/31/2023
$83 .80 $125.69 $167.59 1/1/2024 12 /31/2024 ----Non-Ex empt $87 .15 $130 .72 $174 .30 1/1/2025 12/3 1/2 025
Kantnes_§arnah M. $68.76 $103.15 $137.53 1/1/2020 12/31 /2020 -
Pla1111er I $71.51 $107.27 $143.03 1/1/2021 12 /31 /2021 --$74.38 $111.56 $148.75 1/1/2022 12 /31/2022
$77.35 $116.03 $154.70 1/1/2023 12 /31/2023 -
$80.44 $120.67 $160.89 1/1/2024 12 /31/2024
Non-Exempt $83.66 $125.49 S167.32 1/1/2025 12/31/2025
~e~er, S ~~ tv!-$100.28 $150.42 $200.56 1/1/2020 12/31 /2020 -Biolog ist III $104.29 $156.44 $208.58 1/1/2021 12 /31/2021 ---
$108.46 $162.70 $216.93 1/1/2022 12 /31/2022 ------~--$112.80 $169.20 $225.60 1/1/2023 12 /3 1/2 023 -
$117.31 $175 .97 $234 .63 1/1/2024 12/31/2024 --· Non-Exempt $122 .01 $183 .01 $244 .01 1/1/2025 12 /31 /2025
~oc!_s unt is T~watchai $166.11 $166.11 S166.11 1/1/2020 12 /31/2020 -
Sr. Graphic Designer $172.77 $172.77 $172.77 1/1/2021 12 /31/2021
$179.68 $179.68 $179.68 1/1 /2022 12 /31 /2022 -
$186.87 $186 .87 $186.87 1/1/2023 12 /31 /2023 ---$194.34 $194.34 $194.34 1/1/2024 12 /31/2024 --·-
Exempt $202 .12 $202.12 $202.12 1/1/2025 12/31 /2 025
~vet,_Milo W. $57.30 $85 .96 $114.61 1/1/2020 12/31/2020 -
Technician $59.60 $89.39 $119.19 1/1/2021 12 /31/2021 -·-------------~ -----$61.98 $92.97 $123.96 1/1/2 022 12 /31/2022 ----$64.46 $96.69 $128 .92 1/1/2023 12/31/2023 ------$67 .04 $100.56 $134.07 1/1 /2 024 12 /31 /2024 -Non-Exempt $69.72 $104.58 $139.44 1/1/2025 12/31/2025
~oomis.1. James_!) .. $100.28 $150.42 S200.56 1/1/2020 12/31/2020 -Water Qua litySpecialist ... $104.29 $156.44 $208.58 1/1/2021 12 /31/2021 ----------
CALCULATION INFORMATION
EXHIBIT 10-H2
Cost Proposal
Actual or Avg. %or$ Hourly Range -
Hourly Rate4 Increase for Classifications Only
$27.04 4.0% I
I --------:---------$28.12 4.0% I
I --------;--· ·-···------$29.25 4.0% -------i ----$30.42 4.0% I
$18.00 __ Not AppJicahle !-__ -·----$18.72 4.0% I
I ------,---------$19.47 4.0% I
I --------:----·-$20.25 4.0% I
I ------------. '-·------
$21.06 4.0% I
I --------· --:----·--
$21.90 4.0% I
I
$25 .00 Not Applicable_!_ _ _ _____ --------$26.00 4.0% I
I ------------· --'-·-----$27.04 4.0% I
I ---:-------$28.12 4.0% I
I -----------·--,--------$29.25 4.0% ' ' ---·------·---·-;.-·-· ---$30.42 4.0% I
I
$24.00 Not Applicable l ------. -----. ---------$24.96 4.0% I
I ------·-·---.-----$25.96 4.0% I
I ---· -------;--------$27.00 4.0% I
I ------. ---------!------$28.08 4.0% I
I ---·'--~-
$29.20 4.0% I
I
$35.00 Not ~pp_!ica ble L --------$36.40 4.0% I
I --------------!----$37.86 4.0% I
I -----------: ----$39.37 4.0% I -------I ---. ------$40.95 4.0% : -· -------;-----· -
S42.58 4.0% I
S57.98 Not Applicable ! -------------------, ----·-·-·---$60.30 4.0% I ---------------:----~ --$62.71 4.0% I
I ----------; ------$65.22 4.0% ----~-------·----$67.83 4.0% I --·-·---------·'-----$70.54 4.0% I
I
$20.00 _11 ~-~pplicable 1 ----------$20.80 4.0% I
I -------------·--· -· ·-=------
$21.63 4.0% : ------------------· -:------$22.50 4 .0% -----:·-·-----$23.40 4.0% I -----------------.------·-
$24.33 4.0% I
I
$35.00 -~ot Applicable ! ____ -------------$3 6.40 4.0% I
I -·----.. -·----------------·--------
Page 3 of 11
Local Assistance Procedures Manual
BILLING INFORMATION
I Hourly Billing Ratel
Name/Job Title/Cl assification Straight3 OT(l .5x) OT(2x)
$108.46 $162.70 $216.93 -$112.80 $169.20 $225.60
$117.31 $175.97 $234.63
Non-Exempt $122.01 $183 .01 $244.01
~lll_!!llleJ!i Mark J . $85.67 $128.50 $171.34
Biolog ist I $89.10 $133 .64 $178.19
$92 .66 $138.99 $185.32
$96.37 $144.55 $192 .73 ----------
$100.22 $150.33 $200.44 ---·------------
Non-Exempt $104.23 $156 .34 $208.46
~u1!ger, <;:orinne A . $117.47 $176.21 $234.94
Biologist III $122.17 $183.26 $244.34 -$127.06 $190.59 $254.12
$132.14 $198 .21 $264.28
$137.43 $206.14 $274.85 -
Non-Exempt $142.92 $214.38 $285.85
QJs i:i n , Maj na L. $128 .93 $193.40 $257.87
!Jiolog ist II $134.09 $201.13 $268.18 --$139.45 $209.18 $278.91 -
$145.03 $217.55 $290.06
$150.83 $226.25 $301 .67 -
Non-Exempt $156.87 $235.30 $313.73
Patterson, Jo ~lrna D. $89.54 $134.30 $179.07 ---
GISI $93 .12 $139.68 $186.24 -$96.84 $145.26 $193.69 ·------------
$100.72 $151.07 $201.43 -
$104.75 $157 .12 $209.49
Non-Exempt $108 .93 $163.40 $217.87
}3._'.1.b!J ass, (Chaim) Elise <:; $63 .03 $94.55 $126.07
Biologist I $65.56 $98 .33 $131.11
$68.18 $102.27 $136.35 -
$70.90 $106.36 $141.81
$73 .74 $110.61 $147.48
Non-Exempt $76.69 $115.04 $153 .38
RichardJ on, A J!.hu.£.!.,~*** _ $74.49 $74.49 $74.49
!fater Qi!_ality Speciq list (QSPl I $80.22 $80.22 $80.22 --··-
l}iologist I $85.96 $85.96 $85.96 -
$89.39 $89.39 $89.39 -----------
$92.97 $92.97 $92.97 --
Exempt $96.69 $96.69 $96.69
Viveros-Cardenas, Cristian A . $80.22 $120.34 $160.45
GISI $83.43 $125 .15 $166.87 -
EXHIBIT 10-H2
Cost Proposal
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range -
From To Hourly Rate4 Increase for Classifications Only
1/1/2022 12 /31/2022 $37.86 4.0% I
I -----_" _____ --~-----
1/1/2023 12 /31 /2023 $39.37 4 .0% I
I .. ----------------,--·---·-
1/1/2024 12 /31/2024 $40.95 4.0% I
I --· -· -·-----· -· -; -
1/1/2025 12/31/2025 $42.58 4.0% I
I
1/1/2020 12/31/2020 $29.90 _ Not AppJicablc !-_ -·---· -----•-,---
1/1/2021 12 /3 1/2021 $31.10 4 .0% I
I -· ---------; -·---·
1/1 /2022 12 /3 1/2022 $32.34 4.0% I ---· -----------· -:------·-1/1/2023 12 /3 1/2023 $33.63 4 .0 % I
I -· ·----___ , --. -
1/1 /2024 12/3 1/2024 $34.98 4 .0% I
I -. ·-------·---· -----'-----I 1/1/2025 12 /31/2025 $36.38 4.0% I
I
1/1/2020 12/31/2020 $41.00 N otApplicable ! ____ -----------------·
1/1/2021 12 /31/2021 $42.64 4.0% I
I
$44 j5 ------·-'------·-1/1/2022 12 /31/2022 4.0% I
I ----· -------------:--------
1/1/2023 12 /31/2023 $46.12 4.0% I
I ----------------,-
1/1/2024 12 /31 /2024 $47.96 4 .0 % I
I ----·.
·-______ .. ___ --·-----·---------
1/1/2025 12/31/2025 $49.88 4 .0 % I
I
1/1/2020 12/31 /2020 $45.00 Not Applicable ! ----------,-· ·--·-
1/1/2021 12 /31 /2021 $46.80 4.0% I
I -------·---, --· -
1/1/2022 12/3 1/2022 $48.67 4 .0 % I
I -------•------
1/1/2023 12 /3 1/2023 $50.62 4 .0% I
I ----------. -------?-------
1/1 /2024 12/31/2024 $52.64 4 .0% I
I --· --. ---,_ --1/1/2025 12/31/2025 $54.75 4.0% :
1/1/2020 12 /31/2020 $31 .25 __!-J ot .A.pplicable ! -
$32.50 ---·------
1/1 /2021 12/31 /2021 4.0% I
I -------___ ,__ ----1/1/2022 12 /31 /2022 $33 .80 4 .0% I
I ---------:------· --1/1/2023 12 /31/2023 $35.15 4 .0% I
I -------· ----------------,
1/1/2024 12 /31/2024 $36.56 4 .0% I
I --------·----i-----1/1/2025 12/31 /2025 $38.02 4 .0% I
1/1/2020 12/31/2020 $22.00 Not Applicable l -------·--.----·-1/1/2021 12 /31/2021 $22.88 4 .0% I ------------·---·-: --·--
1/1/2022 12 /31/2022 $23.80 4.0% I --------· -------------;----
1/1/2023 12 /31 /2023 $24.75 4 .0% I
I -· ·-----·------:---
1/1/2024 12 /31/2024 $25.74 4 .0% I
·-·---· . ----: ----
1/1/2025 12/31 /2025 $26.77 4.0% I
I
1/1/2020 12/31/2020 $26.00 . Not Applicable :_ __ ---·-----·
1/1/2021 12/31/2021 $28.00 SB3 I
I --··---. -----·----· -----· ---·-----1/1 /2022 12/31/2022 $30.00 SB3 I
I --------· -. ---·--. ---1/1/2023 12 /31 /2023 $31.20 4 .0% I
I -:----·---1/1/2024 12 /3 1/2024 $32.45 4 .0% I
I ------------· ---,-· ----
1/1 /2025 12/31/2025 $33.75 4 .0% I
I
1/1/2020 12 /31/7020 $28.00 ~~ A1?_plicable l _ ----------
1/1/2021 12 /31/2021 $29.12 4 .0 % I
I
I --------•----·-· --------- -
Page 4of 11
Local Assistance Procedures Manual
BILLING INFORMATION CALCULATION L.'iFO~Lt\ TION
EXHIBIT 10-H2
Cost Proposal
1 Hourly Billing Rates ' Effective Date of Hourly Rate Actual or Avg. % or$ Hourly Range -
Name/Job Title/Cl as sification . -4 . . Straight° OT( l .5x) OT(2x) From To Hourly Rate Increase for Class1ficauons Onl y
$86.77 $130.16 $173 .54 u I 12022 12131 12022 s30.28 4.0%. . :
$90.24 $135.36 $180.48 1/1/2023 -12 /31 /2023 $31.50 --4.0%----·----i--· ----·
$93 .85 $1.40 .78 $187.70 1/1/2024 . -12 /31/2024 $32 .76 4 .0% ·-·--:----· --
Non-Exempt -. $97 .61 $146.41 $195 .21 1/1/2025 12/31/2025 S34 .07 -4.0 % r --
Williams , Brian D . $100.28 $150.42 $200.56 1/1/2020 12/31/2020 $35.00 Not Applicable :
Biologist II -$104.29 $156.44 $208.58 -1/1 /2021 -· 12 /3 1/2021 $36.40 ----4.0% --------r--·-··-· -
-$108.46 $162 .70 $216 .93 1/1/2022 12 /3 1/2022 $37.86 --4.0% ----,---··-· -
$112 .80 $169 .20 $225 .60 1/1 /2023 12 /3 1/2023 $39 .37 4.0% ---·-· -:------
--. -•· $117.31 $175 .97 $234 .63 --1/1 /2024 12131 12024 $40.95 ----· -~------· -· -! ·-----
Non-Exempt $122 .01 -S-1sioi -···-s2 44-:-0 1 1/1 12025 12131/2025 $42.58 ---4.0% -------------1---
Helm,Brent $139.02 NIA NIA 1/1 12020 12131/2020 $139.02 NotApplicable :
W ilctiifeBiolog $144.58 N I A NI A 111/2021 -12131/2021-$-144.58 ---4 .0 % -------- - ---r ·----·-
Contra ct Sta.ff-Sr. Biolog ist $150 .36 NIA NIA -111/2022 -12131/2022 --$1 50.3 6 ----4.0% ---------t ----·
$156.37 N I A NIA 1/112023 . -12131/2023 $156.3 7 ---~Oo/~ ----·-----r --·---
-$162.62 NI A NIA 1/1/2024 12131/2024 -$1 62 .62 ·--4 .0% ·--:-----
-$169.12 N I A NIA 1/1/2025 12131/2025 $1 69.1 2 --· 4.0% ----··-·: -·--·--.
Alv arez, Jeff $115.00 NI A N I A 111/2020 12131 12020 SI 15 .00 Not Applicable I
Wildl(fe Bio/ogy -$119.60 NIA NIA 1/1/2021 12 131/2021 $119.60 -· 4 .0%-------!----
Contract Staisr. Biologist $124.38 NI A NIA lll/2022 12131 12022 $1243 8 --4:0% -------! ----
$12 9~36 -NIA -NIA -l/l/2023 --12 131/2023 $129..36 -····--· ~ ------· -... -!-------..
$134.53 NI A N I A 1/1 12024 --1213 1/2024 -$134.53 -4 .0% ---· --! -
$139 .91 NIA N IA -. 11112025 -· 12131/2025 $139.91 ---4 .0% ·-----T ---
Brown-Dion , Sheri $153.55 NI A NIA 1/1/2020 12 131 12020 $153.55 ____ ...., Not Applicable :
Landscap e A rchitect $159 .69 N IA N I A 1/112021 --12/3 112021 $159.69 -4.0% ----r --
Co11tractStaflLa11dscapeArchitect $166.08 NIA -NIA -1/1/2022 ---12 /31 12022 $1 66.08 --4.0% ··-----··-: ---------
--_ ··--$172 .72 N IA N I A 1/1/2023 1213 1/2023 $172 .72 =---4.0% ~---=--~J ---=-----~ _
$179 .63 NI A NIA 11112024 12 /31/2024 $ 179 .63 4.0% I
$186.82 NIA NI A 11112025 12131 /2025 $186.82 --4.0% ----· . i --
Pape,John $160.00 N IA NIA 111/2020 12131/2020 $160.00 NotApplicable!
Licen s edArborist $166.40 NIA NIA 1/1/2021 -l213l m}21 $166.40 ---4.0% ---------T --·· ---
C~ntract Stqff-L i~ensed Arbo rist $173.06 NIA N I A 111/2022 · 12131/2022 $173 .06 --4Jl% -------· -·i ---
_ $179 .98 N I A N I A 11 112023 --1213112023 $17 9.98 -~-4 .0% _-~~---:_-__ ]_ --_ --~ ..
$187.18 NIA NI A l /1/2 024 12131 12024 $187.18 4 .0% :
----$194.67 N I A NIA 1/1 12025 12131 12025 $194.67 ----~0% ---r -•·
$110.3 l $165.46 $220 .62 1/1/2020 1213 1/2020 $38.50 $27 .00 : $50.00
Archa eologistll · -$114.72 $1 72.08 $229.44 111/2021 12131 /2021 $40.04 · -4.0o/; ---$2 8.0 8 -! $52 .00 ·
. -$119.31 $178.97 $238 .62 1/1 /2022 12 /31 /2 022 $41.64 ----4-:-6%----· -$29.20 --,-$54.08 -
s124.o8 s186.12 s248.11 11112023 12131 12023 -· $43 .31 ---4.0% ·---·-s3o.31 --·:-m :24 ---
-$129.05 ... _f19357 . -$25s°:09 11112024 12 /31 12024 --$45.04 ---4 .0% -·-= ~$31.59 -=]=-_$58.49 -. ~
.__ _____________ .___s1_3_4 __ 2_1 ___ .__s_2_0_1_.3_1__,_$_2_6_8_.4_2...... 111 12025 12131 1202s $46.84 4 .0'% __ $32.85 __ _! __ $60.83 __
Page 5 of 11
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
I
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1
"1!·c_haeoEJgjs t 111/f;u ltural
!5_1!§_0t1rces Specialist
Biological Resources Lead
f!j_ologist I
Biologist II
Biologist III
Botanist
_CEQA/.NljPA Specialist
Hourly Billing Rates' Effective Date of Hourly Rate Actual or Avg. I % or$
Straight3 OT( l.5x) OT(2x) From To Hourly Rate4 Increase I for Classifications Only
Hourly Range -
$164.75 $247.12 $329.49 1/1/2020 12 /31/2020 $57.50 _ $40.00 : $75.00
$171.34 $257.01 $342.67 1/1/2 021 ---12 /3 1/2 021 --$59.80 -4 .0% ___ .. $41iiO -·-: -$78-00 -
$178.19 $267.29 $356.38 -1/1/2022 12 /31/2022 --$62.19 --4.0% $43.26 : $81.12 --
$185.32 $277.98 $370.64 1/1/2023 -12 /31/2023 -$64.68 --4.0% $44.99 : $84.36 --
$192 .73 $289.10 -$385,46 --1/1/2024 12 /31/2024 $67.27 4 .0% $46.79 ! $87.74
$200.44 $300.66 $400.88 1/1/2025 12/31/2025 -$69 .9 6 4.0% --$48.67 --! -$91 :~
$222 .05 $333.08 $444 .10 1/1/2020 12/31/2020 $77.50 ______ , $45.00 j $110.00
$230.93 $346.40 $461.87 1/1/2021 12 /31/2021 $80.60 4.0% $46 .80 : $ll4.40
$240.17 f360.26 -$48()j4 1/1/2022 12 /3 1/2022 $83 .82 -4.0% $48.~-1-$118.98 --
$249:78 -$374.67 $499.55 11112023 1213 112023 -s81.18 -4.0% s50.62 -T s123.74 -
-$259.if --$389~65 --$519.54 . 1/1 /2024 12 /3 1/2024 $90.66 4.0o/;--· --$52.64 ! $128.68 --' -------------------------------;----'---
$270.16 $405.24 $540.32 1/1 /2025 12 /31 /2025 $94.29 4.0% $54.75 : $133.83
$90.25 $135.38 $180.51 1/1/2020 _ 12/31/2020 _ $31.50 _ _ _ $18 .00 ! $45.00
$93.86 $140.79 $187.73 -1/1/2021 --12 /31/2021 --$32.76 --------4.0 % ---.. -$1852 -! $46.80
$97.62 $146.43 $195 .23 1/1/2022 12 /3 1/2022 --$34.07 -4.()% . --$19.47 -!--S4gj7
I $101.52 $152.28 s203.04 11112023 12131 12023 ---S35.43 ___ ----·-4.0% -----s20.25 r -$50.62
$105.58 $158.37 $211.17 1/1/2024 -12 /31/2024 $36.85 =~=--4.0% ____ $21.06 ~c -$52 :64 -
$109 .81 $164.71 $219.61 1/1/2025 12 /31 /2025 $38.32 4.0% $21.90 ! $54.75
$120 .34 $180.51 $240.67 1/1 /2020 12 /31 /2020 $42.00 -------, $24.00 j $60.00
I $125.15 $187.73 $250.30 1/1/2021 12 /31 /2021 $43.68 --4.0% -$24.96 --:--$62.40
$130.16 $195.23 $260.31 1/1/2022 12/31/2022 $45.43 4.0% $25.96 ! $64 .90
$135.36 $203 .04 $270.73 1/1 /2023 12 /31/2023 -$47.24 ---4.0% $27.00 -!--$67.49 --
$140.78 $211.17 $281.55 1/1 /2024 -12 /31/2024 $49.13 -4.0% ---$28.08 _! ___ $70.19 --
$146.41 $219.61 $292.82 1/1/2025 12 /31/2025 $51.10 4 .0% $29.20 : $73.00
$150.42 $225.63 $300.84 1/1/2020 12/31/2020 $52.50 _ $35.00 ! $70.00
_ , __ $156A4 -$234.66 -$312.88-11112021 1213112021 --S54.6o ----,iw.;-----S36AO -!-sn.80
$162.70 $244.04 $325.39 1/1/2022 12/31/2022 -$56.78 ---4.0% -$37.8 6 -!--$75 .7 1 ---
I $169 .20 $253 .81 $338.41 1/1/2023 12/31/2023 $59.06 _ _ _ 4.0% ____ $39.37 L_ _?78.74 _
$175.97 $263.96 $351.94 1/1/2024 12 /31/2024 ~-.Q.._ _ 4.0% ----$40.95 : $81.89
$183 .01 $274.52 $366.02 1/1/2025 12 /3 1/2025 $63 .87 4.0% $42.58 ! $85.17
$143.26 $214.89 $286.52 1/1/2020 12 /31/2020 $50.00 $20.00 j $80.00
$148.99 $223.48 $297.98 1/1 /2021 --12 /31 /2021 --_$52.00 ____ 4.0% ____ $20.80 ·-:-$83.20 -
$154.95 $232.42 $309.90 1/1/2022 12 /31 /2022 -$54.08 ----4.0% ---$21.63 -y -$86 .53 --
$161.15 $241.72 $322.29 -1/1/2023 12 /31/2023 _ -$56.24 ___ -4 .0% ----$22.50 -!----
$167 .59 $251.39 $335.18 1/1 /2024 12 /31/2024 $58.49 4.0% $23.40 : $93.59
$89.99
$174.30 $261.44 $348.59 1/1/2025 12/31/2025 $60.83 -4.0% $24.33 : -$97 .33
$197. 70 $296.55 $395.39 1/1 /2020 I 2/31/2020 $69.00 $38.00 : $100.00
$205.60 $308.41 $411.21 1/1/2021 12 /31/2021 $71.76 4.0% -$39.52 ! $104.00
$213.83 -$320.74 --$427.66 1/1 /2022 12/31/2022 $74.63 4.0% ---$41.10 --! $108.16
$222.38 $333 .57 $444.76 1/1/2023 --12 /31/2023 $77.62 --4.0% --$42.74 -: $112.49
$23 1.28 --$346.9 f -$462.55 1/1/2024 --12 /31 /2024 $80.72 --4.0% ----.$44.45 -: $i"i"6~9
• -$240.53 $360.79 ----$48 i.o6 11112025 ~l3 _!!202~ -$83 .95 ---4.o¾ ---S46.2L -:::-=l __ s121.61 _
Page 6 of 11
Local Assistance Procedures Manual EXHIBIT 1 0-H2
Cost Proposal
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1
E111'.iro1111~e_!!ta! Specjali~t I
Enviro11111emal Specialist II
E11viro11111e11tal Specialist_!IJ
Field/Co11stmctio11 Monitor
GISI
GISII
' Sr. GIS Spec~alist
Hourly Billing Rates'
Straight3 OT( l.5x) OT(2x)
Effective Date of Hourly Rate I Actual or Avg.
From To Hourly Rate4
%or$
Increase
Hourly Range -
for Classifications Only
$83 .09 $124.63 $166.18 1/1/2020 _ 12 /31/2020 _ $29.00 $18.00 i $40.00
$86.41 $129.62 $172.83 111 12021 --12 13112021 $30.16 ----~----$18.72 --! -wYo -
$89.87 $134.81 $179.74 1/1/2022 12 /31/2022 -$31.37 4.0% -$19.47 _! $43 .26 --
~9_:3A6 Jl~0-~9 _ }18~.93 1/1/2023 12 /31/2023 _ $32.62 4.0% _ $20.25 l , $44.99 -
$97.20 $145.81 $194.41 1/1/2024 _ 12/31/2024 _ $33.93 4.0% $21.06 ! _ $46.79
$101.09 $151.64 $202.18 1/1/2025 12/31/2025 $35.28 --· 4.0% --$21 .90 ·-!--$48 .67 -
$107.44 $161.17 $214.89 1/1/2020 12 /31/2020 $37.50 ---$30.00 i $45 .00 1 ~l_lL74 $167 .61 $223.48 1/1/2021 12 /31/2021 $39 .00 =---4.0%---$31.20 _c_-.$46.80 _
$1 I 6.21 $174.32 $232.42 1/1/2022 12/31 /2022 $40.56 4.0% $32.45 ! $48 .67
$120.86 $181.29 $241.72 1/1/2023 --12 /31/2023 $42 .1 8 -4 .0% $33 .75 : $50.62 -· -
$125 :69 $[88 ~54 $251.39 .. 1/1/2024 12/3 1/2024 $43.87 ----4.0% -$35.10 --i-$52.64 -
.$130.72 $196.08 $261.44 1/1 /2025 12 /31/2025 $45 .62 4 .0% $36.50 j $54.75
$121.77 $182.65 $243.54 1/1/2020 12/31/2020 $42.50 $35 .00 ! $50.00
$126.64 $189.96 $253 .28 11112021 1213112021 ---$44.20 -----4 Mo _____ $36.40 r ss2.oo
$131.11 $197.56 $263.41 11112022 1213112022 $45.97 ___ 4.0% ----$37.86 ·r -ss4Ts -
$136 .97 $205.46 $273.95 -11112023 1213112023 -$47.81 ---4.0%----$39.37 -r ss6.24 ---
$142.45 $213.68 $284.91 1/1/2024 --12/31/2024 -$49 .72 ---4.0% -$40 .95 --i--· $58.49 -
$148.15 $222.23 $296.30 1/1/2025 12/31 /2025 $51.7 I 4.0% $42.58 ! $60.83
$90 .25 $135.38 $180.51 1/1/2020 12 /31/2020 $31.50 $18.00 j $45.00
$93 .86 $140.79 $187.73 1/1/2021 -12 /31/2021 $32-76 -----4.0% ___ --$18.72 l -$46.80
$97.62 $146.43 $195.23 -1/1/2022 12 /31/2022 $34.07 ----4.0% -$19.47 -:-·-·$48.67 ----'------------____ ,_ ----1 I $101.52 $152.28 $203.04 11112023 1213112023 $35.43 4.0% s20.25 ! $50.62
I $105.58 $158.37 $21u1 11112024 --1213112024 $36.85 -4.0%----s21.06 --!-$52.64
$109 .81 $164.71 $219.61 1/1/2025 12/31/2025 $38.32 ---4.0%--$21.90 _! ___ $54.75
$83.09 $124.63 $166.18 1/1/2020 12/31/2020 $29 .00 $18.0 0 : $40.00
$Bl4T . --$129.62 s172.83 11112021 1213112021 $30.!6 4.0% --$18 .72 -! $41.60 -.
$89.87 $134 .81 $179.74 1/1/2022 12/31/2022 $31.37 4.0% $19.47 : $43.26
$93.46 $140.20 $186.93 1/1/2023 12 /31 /2023 $32.62 4.0% . $20.25 ! $44.99
$97.20 $145.81 $194.41 1/1/2024 12/31 /2024 $33.93 -4.0% ---$21.06 :· -$46.79 -
$101.09 $151.64 $202.18 l /l/2025 ___ 12/31 /2025 --$35.28 . -· --4.0% $21.90 i--$48.67 --
$128.93 $193.40 $257.87 1/1/2020 12 /31 /2020 $45.00 $30.00 j $60.00
I $135 .24 $202 .85 $270.47 -11112021 --12131 12021 ---·s41.20· --4.0% ---ili.oo ! $62.40
$140 .24 $210.37 $280.49 1/1/2022 --12 /31/2022 -.. $48.95 --4.0% $33.00 ( ·-$64.90 .
$145.40 $218.09 $290.79 1/1/2023 12 /31/2023 -$50.75 --·4.0% $34.00 -· l $67.49
$ 150.70 $226.04 $301.39 1/1/2024 12 /31/2024 $52.60 4.0% $35.00 : $70.19
$156 .15 $234 .23 $312.30 l/1/2025 12/31/2025 $54.50 4.0% $36.00 ! $73.00
$200.56 $300.84 $401.12 1/1/2020 _ 12/31 /2020 _ $70.00 -------$40.00_ _ ! $100.00
$208 .58 $312.88 $417.17 1/1 /2021 12/31 /2021 . $72.80 4.0% $41.60 : $104 .0 0
$216.93 $325.39 $433 .86 -11112022 1213112022 ----S75.71 ----4 .0 % ---$43.26 l -s1os.16 -
$225.60 $338.41 $451.21 1/1/2023 12/31 /2023 $78.74 4.0% $44 .99 ! $112.49
$234.63 $3fl.94 $469 ~26 -1/1/2024 12/31/2024 $81.89 -· 4.0% ---$46.79 :-$116 .99
$i44.0l -$f66.02--$488.03 1/1 /2025 -12 /3U 2025 ___ ~.?.:.1L . ----4.0%---~ __ $48_:§7 _J -$1~1.67 _ --
Page 7 of 11
Local Assistance Procedures Manual
BILLING INFORMATION
Name/Job Title/Classification 1 Hourly Billing Rates '
Straight3 OT( l.Sx) OT(2x)
Effective Date of Hourly Rate
From To
Permit Specialist
$219.19 I $328.78 I $438.37
$227 .95 I $341.93 I $455.91
1/1/2020 I 12 /31/2020
1/1/2021 12 /31/2021
$237 .07 $355 .61 $474.14 1/1/2022 12 /31 /2022
$246.55 $369 .83 $493.11 1/1/2023 12 /31/2023 -~----$256.42 $384.62 $5 I 2.83 1/1/2024 12 /31 /2024 ----
$266.67 $400 .01 $533 .35 1/1/2025 12/31 /2025
Pla1111er I
I $71.63 $107.44 $143 .26 _ 1/1 /2020 _ 12/31 /2020
$74.49 $111.74 $148.99 1/1/2021 12/31 /2021 --$77.47 $116.21 $154.95 1/1/2022 12/3 1/2022
CALCULATION INFORMATION
EXHIBIT 10-H2
Cost Proposal
Actual or Avg. , % or $ I Hourly Range -
Hourly Ratc4 Increas e for Cla s sifications Only
$76.50 $38.00 i $115 .00
$79 .56 4.0% . $39 .52 ! $119 .60
$82.74----4 .0% -$41.~ ·: $124.38 -
$86.05 ----~ . -$42.74 :-$129.36 -
-$89.49 4.0% --. $44.45 r-sTff53 -
$93.07 4.0% $46 .23 ! $139.92
$25.00 ---$20.00 : $30.00
_ $26.00 -4.0%-__ = . -$2().8() _ j ~31.20 _
$80.57 $120.86 $161.15 1/1/2023 _, 12 /3 1/2023
$27.04 4 .0% $21.63 : $32.45
-• -$28.ff --· -4.0% --$2250 --r $33 .75
Planner II
Pla1111er III
Project Manager
****
Technician
Wate r Quality Monitor
--------
$83 .80 $125 .69 $167.59 1/1/2024 12 /3 1/2024
$87 .15 $130.72 $174.30 1/1 /2025 12/31/2025
$104.58 $156 .87 $209. 16 1/1/2020 12 /31/2020
$108 .76 $163 .14 $217.52 1/1/2021 12 /31/2021 --
$113 .11 $169.67 $226.22 1/1/2022 12 /31/2022 -· --$117.64 $176.46 $235.27 1/1/2023 12 /31 /2023
$122.34 $183 .51 $244.68 1/1/2024 12 /31/2024 ----
$127.24 $190.85 $254.47 1/1/2025 12 /31 /2 025
$140 .39 $210.59 $280.79 1/1/2020 _ 12 /31/2020 I
$146 .01 $219.01 $292.02 1/1/2021 _ 12 /31 /2021
$151.85 $227.77 $303.70 1/1/2022 _ 12/31/2022
$157.92 $236.89 $315.85 1/1/2023 12 /31 /2023
$164 .24 $246.36 $328.48 I 1/1 /2024 I 12/31 /2024
$170.81 $256 .2 I $341.62 1/1/2025 12 /31 /2025
$21 2.:1.9. I $3_2~_,78 I--_t4_3__!!_:3] II 1/1/2020 I 12 /31/2020
$227.95 $341.93 $455.91 1/1/2021 12/31 /2021
$237 .07 $355.61 $474.14 1/1/2022 12 /31/2022
I -$246.55 $369.83 $493 .11 1/1/2023 12 /31 /2023
$256.42 $384.62 $512.83 1/1/2024 12 /31 /2024
$266.67 $400.01 $533 .35 1/1/2025 12 /3 1/2025
$61.60 $92.40 $123.20 11112020 _ I-12 /31/2020
$63 .32 $94.98 $126.64 1/1/2021 12 /31/2021
$66.54 $99.8 I $133.08 1/1/2022
$69.83 $104.75 $139 .67 1/1/2023
$72.63 $108 .94 $145.25 1/1/2024
$75 .53 I $113.30 I $151.06 II 111/2025
$75 .93 $113.89 $151.85 1-1/1/2020
$78 .96 $118.45 $157 .93 1/1/2021 I/I /2022 -,-,___$_82_._12 ___ $_1_23_._18_+--_$_16_4_.2_5___,,_ ---_
$85.41 $128 .11 $170.82
$88.82 $133 .24 $177.65 --
$92.38 $138.57 $184.75
1/1/2023
1/1/2024 ---1/1 /2025
12 /31/2022
12 /31/2023
12 /31/2024
12 /31/2025
12 /31 /2020
12 /31 /2021
12/31 /2022
12/3 1/2023
12/31/2024 ----
12/3 1/2025
$29.25 4.0% $23.40 i $35.10
$30.42 -4.0% ---$24.33 -i-$36 .50
$36.50 $28.00 ! $45.00
~ --4.0 % -$29.12 ! $46.80
$39.48 4.0% $30.28 i $48 .67
$41.06 4.0% $31.50 : $50.62
_ $42.70 ----4.0% --_ $32 .76 j $52.64
$44.41 4.0% $34.07 ! $54.75
$49.00
$50.96
$53 .00
$55.12
$57.32
·-------$38.00 --L_ $60.00
-'--4.0% -I-_ $39.g__ _ _! $62.40 _
4 .0% $41.10 : $64.90
$42.74 ! $67.49 4.0%
4.0% -1----,-- -
----$44.45 _: _ $70.19 _
$59.62 4.0% $46.23 : $73.00
$76.50 --
$79.56
$38.00 : $115.00
' . $39.52 ! $119.60 4.0%
$82.74 4.0% $41.10 : $124.38
$86.05 . ---4ff¼ -$42 .74 -:-$129.36
~ · -__ 4.0% -_ --·$44.45 ·-r-$134.53
$93.07 4.0% $46.23 ! $139.92
$21.50 $13.00 : $30.00
$22.10 SB3 $13.00 -·: $31.20
g 3.22 -u B3 -=---:._ $14:00 _ _T !g.45
$24.37 . . SB3 Sl5.00 ! $33.75
-$25 .35 ---4.0% .. -$15.60 -!-$35-.10
$26.36
$26.50 -----$27.56
$28.66
$29 .81
$31.00
$32.24
4.0%
4.0%
4.0%
$16.22
S18.00
$18 .72
$19.47
: $36.50
! $35.00
! -$36:40
: $37 :-S 6
---------$20 25 -i-$39.37
-• _ 4.0% -I J 21.06 _ _L ~40.95
-·---
4.0%
4.0% _ $21.90 ! $42..:~8 _
Page 8 of 11
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
BILLING INFORMATION CALCULATION INFORMATION
I Hourly Billing Rates' Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range -
Name/Job Title/Classification Straight3 OT(l.5x) OT(2x) From To Hourly Rate4 Increase for Classifications Only
$128 .93 $193.40 $257.87 1/1/2020 12 /31/2020 $45.00 $25.00 ' $65.00 ---· ----·---·------I-!f.'i!.t~r Quality Spec;_ialist $134.09 $201.13 $268.18 1/1/2021 12 /31/2021 $46.80 4.0% $26.00 I $67.60 . -------·-------!----(QSP) $139.45 $209.18 $278.91 1/1/2022 12 /31/2022 $48.67 4.0% $27.04 ' $70.30 ' ---·--:-
$145 .03 $217.55 $290.06 l /1/2023 12 /31/2023 $50.62 4.0% $28.12 I $73.12 ' ---------- ----------------~-. -----!..
$150.83 $226.25 $301.67 1/1/2024 12 /31/2024 $52.64 4.0% $29 .25 I $76.04 I --------:--
$156.87 $235.30 $313 .73 1/1/2025 12/31/2025 $54.75 4.0% $30.42 I $79.08
$160.45 $240.67 $320.90 1/1/2020 12 /3 1/2020 $56.00 $32.00 I $80.00 I -----------·· :------
Water Quality Specialist $166.87 $250 .30 $333.74 1/1 /2021 12 /31/2021 $58.24 4.0% _ $33.28 _ J $83.20 --.. ----------
$173.54 $260.3 l $347.08 1/1/2022 12 /31 /2022 $60.57 4 .0% $34.61 : $86.53 (QSD) --------------, -$180.48 $270.73 $360.97 1/1/2023 12 /31 /2023 $62 .99 4.0% $36.00 I $89.99 I .. --·------. $37.44 ·-i--$93.59 $187 .70 $281.55 $375.41 1/1/2024 12/31 /2024 $65.51 4 .0%
$!'95.21
. --·--------··-----------,-·----$292 .82 $390.42 1/1 /2025 12 /31 /2025 $68.13 4.0% $38.93 I $97.33 I
$214.89 $322 .33 $429.78 1/1/2020 12/31/2020 $75.00 $40 .00 I $110.00 : -----I -------
Water Resources Lead $223.48 $335 .22 $446.97 1/1/2021 12/31/2021 $78.00 4.0% $41.60 I $114.40 I -------.~-
(QSD) I (QSP) $232.42 $348.63 $464.85 1/1/2022 12/31/2022 $81.12 4.0% $43.26 I $118 .98 ' ----·-· ;--
$241.72 $362.58 $483 .44 1/1/2023 12/31/2023 $84 .36 4.0% $44.99 I
-------!-
$123.74
$251.39 $377.08 $502 .78 1/1/2024 12/31/2024 $87.74 4.0% $46.79 $128.68 ---· ------·-----·-------:
I $261.44 $392.17 $522.89 1/1 /2025 12/31 /2025 $91.25 4.0% $48.67 I $133.83
NOTES:
I. Key Personnel !!1!!fil..be marked with an asterisk(*), employees that are subject to prevailing wage requirements must be marked with two asteri sks(*") and employees that are subject lo S83 wage requirements mu st be marked with fou r
asterisks(****). All costs must comply with the Federal cost principle s. Subconsultants will provide th e ir own cosl proposal s.
2. The cost proposal fonmll shall not be amended .
3. Billing rate -actual hourly rntc • ( I +ICR) • (I +Fee). Indirect cost rares shall be updated on an annual basis in accordance with 1he cons ultant's a nnua l accounting period and c ,tablished by a cognizanl agenc y or accepted by Caltrans. All costs
must comply with th e Fed e ral cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter th e Average Hourly Rare for that classification.
5. Escalation for personnel subject to prevailing wage(***) shall follow 1he annual DIR detcnninations.
Invoices will b e based on staff actual hourly pay rates at the time work is conducted, multiplied by the contracted overhead rntc and fixed fee noted above. Subconsuliant and Direct Costs will be billed at actual cost. The
same Overhead rate will be used for all years for multi-year contracts. Overtime hours for non-exempt staff will be billed at overtime rates based on actual hourly pay rate established in California state law (i.e., 1.5 times
the pay rate for hours worked over 8 hours).
-
-
Page 9 of 11
EXHIBIT 10-H2 COST PROPOSAL Page2of3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Area West Enviromnental, Inc. ! _ X_ Jj Prime Consultant [ _ _J Subconsultant [ j 2nd Tier Subconsultant
Project No. 0 Contract No. 0 Date 5/27/2020
County On-call Consultant S
SCHEDULE OF OTHER DIRECT COST ITEMS
DESCRIPTION OF ITEM Quantity Unit Unit Cost Total
Travel: mileage costs (at federal travel rate) mile at federal rate s
Travel: vehicle rental and gas day at cost s
Travel: lodging, meals (at state travel rate) day at state rate s
Cultural Resource Record Search lump sum at cost s
Permit Fees lump sum at cost s
Insurance 30-day cancellation (per additional im per certification S105 s
Equipment: GPS day at cost s
Printing/Reproduction/Postage per page at cost s
Bat/ Bird Exclusion Materials varies ' at cost s
s
Subconsultant 1: Blackburn Consulting at cost
Subconsultant 2: Ambient Air Quality & Noise Consulting at cost
Subconsultant 3: Applied Earthworks at cost
Subconsultant 4: at cost
NOTES:
I . List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of clienl and contract type.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with suppo11ing documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6 . Travel related costs should be pre-approved by the contrncting agency and shall not exceed current State Department of Personnel Administration rule s.
7 . If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by
mileage logs.
-
-
-
-
-
-
-
-
-
-
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be
used for the same purpose.
9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles
I 0. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
EXHIBIT 10-H2 COST PROPOSAL (Page 3 of 3) Certification of Direct Costs I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1 Generally Accepted Accounting Principles (GAAP) 2 Terms and conditions of the contract 3 Title 23 United States Code Section 112 -Letting of Contracts 4 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Services 6 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Becky Rozumowicz-Kodsuntie Title*: President Signature: Date of Certification (mm/dd/yyyy): 5/27/2020 ------------Email: becky@areawest.net Phone Number: (916) 987-3362 Address: 6248 Main Avenue, Suite #C, Orangevale, CA 95662 *An individual executive or financial officer of the consultant's or subconsultants organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under this proposed contract: On call environmental consulting services for Public Works projects.
Local Assistance Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL Page I of3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant AMBIENT Air Quality & Noise Consulting D Prime Consultant [J Subconsultant D 2nd Tier Subconsultant
Date Project No. Co unty of Tu olumn e-On-Ca ll Contract No . Participation Amount S TBD ------
F " Benefit % G !&Ad % Combined Ind · C
For Combined R ate 6.99 % + 60.18% = 67 .17 %
OR
For Home Office Rate 0.00% + 0 .00% = 0.00%
For Field Office Rate 0.00% + 0 .00% = 0 .00%
Fee 7 %
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1 Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or $
Exhibit 10-H2
Cost Proposal
22-Max_-20
' CR)¾
Hourly Range -
Strai g ht3 OT(l .5x) OT(2x) From To Hourly Rate4 Increase for Classifications Only
Ku11 Legleiter -Principal
Air Qua li ty & Noise Specialist
Danny Luu -Air Quality & Noise
Analyst
(Add pag es as necess my )
NOTES :
$
$
$
$
$
$
$
$
150 .25 NIA NIA
157 .77 NIA NIA
165 .65 NIA NIA
173 .94 NIA NIA
42 .86 NIA NIA
45.00 NIA NIA
47 .25 NIA NIA
49 .61 NIA NIA
6/1/2019 12 /31 /2019 s 84.00 Not Applicable
1/1/2020 12/3 1/2020 s 88.20 5.00%
1/1/2021 12/31 /2 021 s 92.61 5 .00%
1/1/2022 12/30/2022 s 97 .24 5.00%
6/1/2019 12/31 /2019 s 23.96 Not Applicabl e
1/1/2020 12 /31 /2020 s 25.16 5.00%
11112021 12131 12021 s 26.42 5.00%
111/2022 1213012022 s 27 .74 5.00%
I. Key personn e l mu st be marke d w ith an asteri sk (*) and empl oyees th at a rc s ubj ec t to preva iling wage requirements mus t be ma rk e d w ith two as terisks(•• ).All cos ts must comply w ith th e Federal c os t pri ncipl es . Subcon s ult a nt s wi ll pro,i d e thei r own cost proposa ls .
2. The cost proposa l fon na t s hall not be a me nde d.
3 . Billing ra te = act ua l ho url y ra te • (I + !C R) • ( l + Fe e). Indirect cost rates s ha ll be upd ated o n an a nnual bas is in accord ance with th e cons ul ta nt" s ann ua l accounting period and estab lished by a cognizant agency o r accept ed by Ca hrans. A ll costs m us t comp ly w ith the
Fed era l cost princ ipl es for re imbu rs e ment.
4. For na med e mp loyees and key pe rsonn e l ent er th e actu a l hourl y ra te . For class ifica ti on s o nl y, ent e r the Ave ra ge Hourl y Ra te fo r th at cl assifi ca tio n.
LPP 15-01 January 2018
Local Assistance Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL Page2 of3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant
Project No.
AMBIENT Air Quality & Noise Consulting D Prime Consultant 0 Subconsultant D 2nd Tier Subconsultant
County ofTuolunme-On-Call Contract No.
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item
Mileage Costs (Billed based on Federal per diem rate)
Lodging (Billed based on Federal per diem rate)
Meals & Incidentals (M&IE)
Plan Sheets
Test
Vehicle
Subconsultant I :
Subconsultant 2 :
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Note: Add addition a l pages if nece ssary.
NOTES:
Quantity Unit
Mile
Day
Dav
I. List othe r direct cost item s with estimated co sts. These cos ts should be competitive in th e ir respec ti\·c indu strie s and support ed with appropriate documentation .
2. Prop osed ODC items shou ld be consistently billed regardless of client and contract type .
3 . It ems when incurred for th e sa me purpose, in lik e circumstance , s hould not be included in any indirect cost pool or in the overhead rate.
4 . Items such as special tooling , will be reimbursed at actual cost with supponing documentation (invoice).
5. It ems li s ted above that would be considered "tools of the trade" are not reimb urs able as other direct cost.
6 . Travel relat ed costs sho uld be pre-approved by the contracting agency and sha ll not exceed current State Departme nt of Personnel Administration rules.
Unit Cost
0.58
$96
$55
7. If mileage is claimed , the rate should be properly supponed by the consultant's calculation of their act ual cosls for company ve hicles. In addition. the mil es clai111Cd shou ld besupponcd by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate th at thi s is its sta ndard procedure for all of their contracts and that they do not own any vehiclesthat could be used for th e same purpose.
9 . TI1 e cost proposa l format sha ll no t be amended. All costs mu st comply with the Federal cost principles.
10. Add add itional pages if necessary.
11 . Subconsultants mu s t provide their own cost proposals.
LPP 15-01
Exhibit 1 0-H2
Cost Proposal
Date 22-May-20
Total
S0.00
S0.00
S0.00
$0.00
$0.00
S0.00
S0.00
S0.00
$0.00
S0.00
S0.00
January 2018
Local Assistance Procedures Manual EXHIBIT 10-H2 COST PROPOSAL Page3of3 Certification of Direct Costs Exhibit 10-Hl Cost Proposal I, the undersigned, certify to the best ofmy knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section I 12 -Letting of Contracts 10. 48 Code of Federal Regulations Patt 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration offingineering and Design Related Service 12. 48 Code ofFederal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifving: Title*: Principal Date of Certification (mm/dd/yyyy): _5_/2_2_/2_0_2_0 ______ _ Phone Number: 805.226.2727 Address: 612 12th Street, Suite 20 I, Paso Robles, CA 93446 * An individual executive or financial officer of the consultant's or subconsultant's orgai1ization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to representthe financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Air Quality, Greenhouse Gas, Noise & Groundborne Vibration LPP 15-01 January 2018
Local Assistance Procedures Manual
EXHIBIT 10-H COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant Applied EarthWorks, Inc.
BILLING INFORMATION
Fringe Benefit%
61.35% +
Name/Classification Loaded Hourly Billing Rates
Straight OT (1.5x) OT (2x)
Mary Baloian $236.51 N/A N/A
Principal/Program Mgr.flab Dir $248.33 N/A N/A
Exempt $260.75 N/A N/A --·
$273.79 N/A N/A
$287.49 N/A N/A
Amy Olllendorf $181.95 N/A NIA
Principal Paleont0Jo9i~t $191.03 N/A N/A
Exempt $200.57 N/A N/A
$210.59 N/A N/A
-
$221.11 N/A N/A
M.Colleen Hamilton $145.93 N/A N/A
Principal Architectural Historian $153.22 N/A N/A
Historian/Historical Archaeologist $160.88 N/A N/A
Exempt $168.93 N/A N/A
$177.39 N/A N/A
Diana Dyste $105.52 N/A N/A
Proj Mgr Archeology/Field Super. $110.79 N/A N/A
Exempt $116.33 N/A N/A
$122.16 N/A N/A
--
$128.28 N/A N/A
Overhead%
69.08%
Contract No.
+
General
Admininistration %
0.00%
Fee%=
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or
From To Average Hourly Rate
present 12/31/20 $89.25
01/01/21 12/31/21 $93.71
01/01/22 12/31/22 $98.40 ----·-----
01/01/23 12/31/23 $103.32
01/01/24 12/31/24 $108.49
present 12/31/20 $68.66
01/01/21 12/31/21 $72.09 -
01/01/22 12/31/22 $75.69
01/01/23 12/31/23 $79.47 -
01/01/24 12/31/24 $83.44
present 12/31/20 $55.07
01/01/21 12/31/21 $57.82
01/01/22 12/31/22 $60.71
01/01/23 12/31/23 $63.75 --------·----
01/01/24 12/31/24 $66.94
_ p~~SE)nt 12/31/20 $39.82
·----·-·
01/01/21 12/31/21 $41 .81
01/01/22 12/31/22 $43.90
01/01/23 12/31/23 $46.10 ---·-------------· ---
01/01/24 12/31/24 $48.41
2. Billing rate= actual hourly rate• (1+ ICR) • (1+ Fee). Agreed upon billing rates are not adjustable for the tenn of contract.
LPP 15-01
=
15 .00%
%
Escalation
Increase
0.0%
5.0%
5.0% -~ ----
5.0%
5.0%
0.0%
5.0%
-·
5.0%
5.0%
--
5.0%
0.0%
5.0%
5.0%
5.0% -
5.0%
0.0%
5.0%
5.0%
5.0% ------
5.0%
EXHIBIT 10-H
Cost Proposal
Date 5/22/2020
-
Combined ICR %
130.43%
Hourly Range -for
classifications only
·-
January 14, 2015
Local Assistance Procedures Manual
EXHIBIT 10-H COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant Applied EarthWorks, Inc.
BILLING INFORMATION
Name/Classification
Carlos van Onna
Project Mgr. -Architectural Hist./
Historian/Architectural Historian
Exempt
Amber Long
Senior Architectural Hist./ ---
Historian/Architectural Historian
Exempt
Melissa Macias
Sen ior Paleontologist
Exempt
Christopher Shi
Associate Paleontologist
Non-Exempt
Fringe Benefit%
61.35% +
Loaded Hourly Billing Rates
Straight OT (1 .5x) OT (2x)
$90.10 N/A N/A
$94.60 N/A N/A
$99.35 N/A N/A
$104 .30 N/A N/A
$109.52 N/A N/A
$90.10 N/A N/A
$94.60 N/A N/A
$99.35 N/A N/A
$104.30 N/A N/A
$109.52 N/A N/A
$92 .75 N/A N/A
$97 .39 N/A N/A
$102.26 N/A N/A
$107 .38 N/A N/A
$112.76 N/A N/A
$74.04 $88.01 $101.98
$77.75 $92.42 $107.09
$81.64 $97.05 $112.45
$85.73 $101.91 $118.08
$90.02 $107.01 $123 .99
Overhead%
69.08%
Contract No.
+
General
Admininistration %
0.00%
Fee%=
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or
From To Average Hourly Rate
present 12/31/20 $34.00
01/01/21 12/31/21 $35.70
01/01/22 12/31/22 $37.49
01/01/23 12/31/23 $39.36
01/01/24 12/31/24 $41.33
present 12/31/20 $34.00
01/01/21 12/31/21 $35.70 -----
01/01/22 12/31/22 $37.49
01/01/23 12/31/23 $39.36
01/01/24 12/31/24 $41 .33
present 12/31/20 $35.00 -----
01/01/21 12/31/21 $36.75
01/01/22 12/31/22 $38.59
01/01/23 12/31/23 $40.52
01/01/24 12/31/24 $42.55
present 12/31/20 $27.94 --
01/01/21 12/31/21 $29.34
01/01/22 12/31/22 $30.81 -~-
01/01/23 12/31/23 $32.35
01/01/24 12/31/24 $33.97
2. Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee). Agreed upon billing rates are not adjustable for the term of contract .
LPP 15-01
=
15.00%
%
Escalation
Increase
0.0%
5.0%
5.0%
5.0%
5.0%
0.0%
5.0% --
5.0%
5.0%
5.0%
0.0%
5 .0%
5.0%
5.0%
5.0%
0.0%
5 .0%
5.0%
5.0% --
5.0%
Date 10/9/2015
EXHIBIT 10-H
Cost Proposal
Combined ICR %
130.43%
Hourly Range -for
classifications only
January 14, 2015
Local Assistance Procedures Manual
EXHIBIT 10-H COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS}
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS}
Consultant or Subconsultant Applied EarthWorks, Inc.
BILLING INFORMATION
Name/Classification
Brian Kellogg
__l:'.roj_e~t Controller
Exempt
-·
Kim Denny
Accounting Mgr.
Non-Exempt
Ward Stanley
Field Supervisor
Non-Exempt
Randy Ottenhoff
Field Supervisor
Non-Exempt
Fringe Benefit %
61 .35% +
Loaded Hourly Billing Rates
Straight OT (1.5x) OT (2x)
$109.79 NIA NIA
$115.27 NIA N/A
$121 .05 N/A N/A
$127.09 N/A NIA
$133.45 N/A N/A
$97.49 $115.89 $134.28
$102.37 $121.69 $141.00
$107.48 $127 .76 $148 .04
$112 .86 $134.16 $155.45
$118.51 $140.87 $163.23
$72.00 $85 .59 $99.17
$75.60 $89.87 $104.13
$79.39 $94.37 $109 .35 -
$83.37 $99.10 $114.83
$87.53 $104.05 $120.56
$68 .90 $81.90 $94.90 --
$72 .34 $85.99 $99 .64
$75.97 $90.31 $104.64
$79.76 $94.81 $109.86
$83.76 $99 .57 $115.37
Overhead%
69.08%
Contract No.
+
--------
General
Admininistration %
0.00%
Fee%=
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or
From To Average Hourly Rate
present 12/31/20 $41.43
01/01/21 12/31/21 $43.50
·----
01/01/22 12/31/22 $45.68
01/01/23 12/31/23 $47.96 --·
01/01/24 12/31/24 $50.36
presen~ 12/31/20 $36.79 -
01/01/21 12/31/21 $38.63
01/01/22 12/31/22 $40.56
01/01/23 12/31/23 $42.59
01/01/24 12/31/24 $44.72
prE:sent 12/31/20 $27.17 ·---------·-
01/01/21 12/31/21 $28.53
01/01/22 12/31/22 $29.96 -------
01/01/23 12/31/23 $31.46
01/01/24 12/31/24 $33.03
present 12/31/20 $26.00
--· ---
01/01/21 12/31/21 $27 .30
01/01/22 12/31/22 $28.67
01/01/23 12/31/23 $30.10
01/01/24 12/31/24 $31.61 -
2. Billing rate= actual hourly rate* (1 + ICR) * (1 + Fee). Agreed upon billing rates are not adjustable for the term of contract.
LPP 15-01
=
15.00%
%
Escalation
Increase
0.0%
5.0% -
5.0%
5.0% --· ~-
5.0%
0.0% --·--~ ---
5.0% --
5.0%
5.0%
5.0%
0.0% -
5.0%
5.0%
5.0%
5.0%
0.0%
5.0%
5.0%
5.0%
5.0%
EXHIBIT 10-H
Cost Proposal
Date 10/9/2015
-
Combined ICR %
130.43%
Hourly Range -for
classifications only
-
-
January 14, 2015
Local Assistance Procedures Manual
EXHIBIT 10-H COST PROPOSAL
SPECIF IC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant Applied EarthWorks, Inc.
BILLING INFORMATION
Name/Classification
Michelle Wienhold
~IS Specialist
-
Non-Exempt
Flavia Silva
-
GIS Techn ician ---
Non-Exempt
Christina Navarro
-
Laboratory Supervisor
No~:-_Exempt
Jessica Jones
-
Crew Chief
Non-Exempt
Fringe Benefit%
61.35% +
Loaded Hourly Billing Rates
Straight OT (1.5x) OT (2x)
$102.23 $121.52 $140.81
$107 .35 $127.61 $147.86
$112.73 $134.00 $155.27
$118.37 $140.71 $163.04
$124.28 $147.73 $171 .18
$68.26 $81.14 $94 .02
$71.68 $85.21 $98.73
$75 .26 $89.46 $103 .66
$79.02 $93 .93 $108.84
$82.97 $98 .63 $114.28
$68.69 $81 .69 $94 .69 -
$72.13 $85.78 $99.43
$75 .73 $90.07 $104.40
$79.52 $94 .57 $109.62
$83.50 $99 .31 $115.11
$70.25 $83 .51 $96.76
$73.77 $87 .69 $101.61
$77.46 $92 .08 $106 .69
$81.33 $96.68 $112.02
$85.38 $101.49 $117.60
Overhead%
69.08%
Contract No .
+
General
Admininistration %
0.00%
Fee%=
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or
From To Average Hourly Rate
present 12/31/20 $38.58
01/01/21 12/31/21 $40.51 ·--. --
01/01/22 12/31/22 $42.54
01/01/23 12/31/23 $44.67
-·----..
01/01/24 12/31/24 $46 .90
r:>~~~e11t 12/31/20 $25.76
-----
01/01/21 12/31/21 $27.05 --------
01/01/22 12/31/22 $28.40
01/01/23 12/31/23 $29.82
01/01/24 12/31/24 $31.31
E!esent 12/31/20 $26.00 ---
01/01/21 12/31/21 $27.30
01/01/22 12/31/22 $28 .67
--------------.
01/01/23 12/31/23 $30 .10
01/01/24 12/31/24 $31.61
_fl~Sef!t 12/31/20 $26.51 ---------
01/01/21 12/31/21 $27.84
01/01/22 12/31/22 $29 .23
01/01/23 12/31/23 $30.69
01/01/24 12/31/24 $32.22 -----
2. Billing rate = actual hourly rate* (1 + ICR) * (1 + Fee). Agreed upon billing rates are not adjustable for the tenn of contract.
LPP 15-01
=
15.00%
%
Escalation
Increase
0.0%
5.0% --
5.0%
5.0%
·--
5.0%
0.0% ---
5.0% -
5.0%
5.0%
5.0%
0 .0% --
5.0%
5.0%
5.0%
5.0%
0.0%
5.0%
5.0%
5.0%
5.0%
-
EXHIBIT 10-H
Cost Proposal
Date 10/9/2015
Combined ICR %
130.43%
Hourly Range -for
classifications only
-
--
-
--
January 14, 2015
Local Assistance Procedures Manual
EXHIBIT 10-H COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant Applied EarthWorks, Inc.
BILLING INFORMATION
Name/Classification
Susan Rapp
Production Manager
Exempt
-
Jennifer Vandersmith
Production Assistant ---
Non-Exempt
TBA
Field Technician II
Non-Exempt
TBA
Field Technician I
Non-Exempt
Fringe Benefit%
61.35% +
Loaded Hourly Billing Rates
Straight OT (1.5x) OT (2x)
$102 .76 N/A N/A
$107.91 N/A N/A
-
$113 .31 N/A N/A
$118 .98 N/A N/A
$124 .94 N/A N/A
$59 .54 $70.78 $82.01
$62.51 $74.31 $86.10
$65.64 $78.03 $90.41
$68.93 $81.94 $94.94
$72 .37 $86.03 $99.68
$74 .20 $88.20 $102.20
$77.91 $92 .61 $107.31
$81 .80 $97.24 $112.67
$85 .88 $102.09 $118.29
$90.18 $107.20 $124.21
$63.60 $75.60 $87.60
$66.78 $79.38 $91.98
$70 .12 $83.35 $96.58
$73.62 $87 .51 $101.40
$77 .30 $91.89 $106.47 ---
Overhead%
69.08%
Contract No.
+
General
Admininistration %
0.00%
Fee%=
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or
From To Average Hourly Rate
present 12/31/20 $38.78
01/01/21 12/31/21 $40.72 ---· ------
01/01/22 12/31/22 $42.76
01/01/23 12/31/23 $44.90 --
01/01/24 12/31/24 $47.15
e_r-esent 12/31/20 $22.47 ------
01/01/21 12/31/21 $23.59 --. -·
01/01/22 12/31/22 $24.77
01/01/23 12/31/23 $26.01
01/01/24 12/31/24 $27.31
pr~e~ 12/31/20 $28.00 -·----·
01/01/21 12/31/21 $29.40
01/01/22 12/31/22 $30 .87 ---·--... ---
01/01/23 12/31/23 $32.41
01/01/24 12/31/24 $34.03
present 12/31/20 $24.00 --·· -··
01/01/21 12/31/21 $25.20
01/01/22 12/31/22 $26.46
01/01/23 12/31/23 $27.78
01/01/24 12/31/24 $29.17 -·--·--
2. Billing rate= actual hourly rate• (1+ ICR) • (1+ Fee). Agreed upon billing rates are not adjustable for the term of contract.
LPP 15-01
=
15.00%
%
Escalation
Increase
0.0%
5.0% ---
5.0%
5.0% -
5.0%
0.0% ----
5.0% ·---
5.0%
5.0%
5.0%
0.0%
·-------· -
5.0%
5.0% ----
5.0%
5.0%
0.0% --
5.0%
5.0%
5.0%
5.0%
EXHIBIT 10-H
Cost Proposal
Date 10/9/2015
·-
--· -
Combined ICR %
130.43%
Hourly Range -for
classifications only
-
-
-
-
January 14, 2015
Local Assistance Procedures Manual
EXHIBIT 10-H COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
EXHIBIT 10-H
Cost Proposal
Consultant or Subconsultant Applied Earthworks, Inc. Contract No. Date 10/9/2015
SCHEDULE OF OTHER DIRECT COST ITEMS
Applied EarthWorks, Inc.
DESCRIPTION OF UNIT UNIT TOTAL DESCRIPTION OF UNIT UNIT TOTAL ITEMS COST ITEMS COST
Travel -Lodging/Meals 0 $ -Beta Analytic Laboratory $ -
Travel -Per Diem $ -Standard AMS carbon $ 595.00 $ -
Travel -Rental Veh. day $ 65.00 Priority Service AMS $ 795.00 $ -
Travel -Fuel $ -$ -
Travel -Mileage $ 0.58 $ -Geochemical Research $ -
$ -XRF sourcing (1-10) $ 35.00 $ -
XRF sourcing (11+} $ 35.00 $ -
$ -
Paleo Analytics, LLC $ -Origer Obsidian Laboratory $ -
Doug Harro hour $ 75.00 $ -Hydration (1-10) $ 21.00 $ -
Rebecca McKim hour $ 75.00 $ -Hydration (11-24) $ 20.00 $ -
$ -Hydration (25-99) $ 17.00 $ -
$ -Hydration (100+) $ 15.00 $ -
$ -Native American Monitor hour $ 100.00 $ -$ -
IMPORTANT NOTES:
1. List direct cost items with estimated costs . These costs should be competitive in their respective industries and supported with appropriate documentations .
2. Proposed items should be consistently billed directly to all clients (Commercial entities , Federal Govt., State Govt., and Local Govt. Agency}, and not just when the
client will pay for them as a direct cost.
3. Items when incurred for the same purpose , in like circumstance , should not be included in any ind irect cost pool or in the overhead rate.
4 . Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice}
5. Travel related costs should be pre-approved by the Caltrans Contract Manager, and is reimbursed in accordance to Caltrans Travel and Expense Claims
Guidelines for Consultants.
6. If an item needs to be listed here as "tools of the trade" that is part of indirect cost and not applicable as a direct cost , note as Not Applicable (NA}.
Local Assistance Procedures Manual ATTACHMENT F EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: EXHIBIT 10-H2 Cost Proposal I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 -Letting of Contracts 10. 48 Code of Federal Regulations Part 3i -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 17 2 -Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certif~ing: Name:1ennt'fer futhce--Title*: .......;cac(cc...::....=~cE.......,_Q"--------Signat~e ; ~/J:~ Date of Certification (mm/dd/yyyy): 5/22/2020 Email: ;b~~iedeadhworks, Phone Number: 5?iq 2--2-q I <if Ei0 ~ 112 J c,OIY) ' Address: 139! w. Shaw Ave, 514ife C r(c'Sh0,1 CA-q371( * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providin under the proposed contract: Page 7 of 9 January 2020
Local Assi1tancc Proccdur~s Manual :-l~ ~Ur\•qn: :re Not AIJaac:d Consultant: ProJecl No For Combined R~te For Home Offtce Rate For Field Offlce Rite BILUNG INFORMATION Name/Job Title/01ulfiCJ1tion1 Staff Principal Stoff Sr. Proler:t M1naaar Staff Project M1n11er Staff Envlronmenral Engln!!-er Staff Pro/eel Engineer Stall Drofter /CAO Stefl Assiit:mt Staff Technklan NOiB EXHIBIT 10-HZ COST PROPOSAL SPEOFIC RATE OF COMPENSATION (USE FOR ON-CALL OR M•NEED!OCDrHRACTSJ (CONSTRUCTION ENGINEERING AIID INSPECTION CONTRACT!! BLAC~BURN CONSULTlNG 0 Prime Con.,ult1nt X Subeonsultant D 2nd Tier Sub«lnsultant Contr-xt No _________ _ P.1111c1pru1on Amount S ______ _ Daie S/14/2020 Frln,:e Benefit% + General ~ministr.ttlon" . Combined ICR '.< Fringe Benefit% 141.()()S + General Adminhtratfon" 65.62% . Combined ICR l4 Frinre Bene0t % 52.96" + Gener1I Administration% 100.83% . Combined ICR % 10.00% CALCULATION INFORMATION Hourly Billing Rite,' Effective d1te of hourly rate Actuol or Avg. % or S Hourty nmae · Str1l11ht OT(l.5xJ OT(Zxl From To hourfy rate' Increase (Al for cluslt~tion, only s 260.56 N/A N/A 05/01/2020 06/30/2021 s 77.25 60.00 • 90.00 5 79.57 3 °" s 188.61 N/A N/A 05/01/2020 06/30/1021 s 55,92 50,00-70 00 s 57.60 30% 5 157.86 N/A N/A 05/01/2020 06/30/2021 s 46.81 35 00 · 55.!lC s 48.21 30% s 135.32 N/A N/A 05/01/2020 06/30/2021 s 40.12 30.00 • 50.00 s 41.32 3.0'4 $ 118.05 N/A N/A 05/01/2020 06/30/2021 s 35,00 20.00 • 40.00 s 36.05 3 °" s 117.51 N/A N/A 05/01/2020 06/30/2021 s 34.84 20.00 • 40.00 s 35.99 3.0% s 67,46 N/A N/A 05/01/2020 06/30/2021 $ 20.00 ll.00 -Z9.00 s 20 60 3.0'4 s 179.00 $ 199.41 s 219.83 05/01/2020 06/30/2021 s 64.12 44,00-7499 s 6604 3.0'4 Exhibit 10-H2 Cost Proposal 206.63% 153.76% KC} pcnom::1 Z!l!!lbc nuried '4llh.2a:au:nU. 1•1 a~~ccs ll:1t 2rc 1\.0jCXt toprn2llttt.i '4:JJe rc:qwrarcro nwtbc: m:ulcJ '4~h ™o.u.,c.nwi••J All cow nmtcurr.pl:,-v.•htb: Fc:dc:nlQ)jt pnrc:!.pks S\.b:::o:uuluru "-Ill p,"O'\d: 1he1r ~"~ prop:,Rh Th: (OS.I pn,pos:al ro~t t.luU na1 be :irtr:nbi l B11lU1f CIC• x:twl loud) ru: • (I• ICRI •ti• fee:} ltdlrc:ctc:oilr.Ues st-allt-=ispb&cdon&nfflnulbun~,x:c:on;llra:..-.11t\1h: tt1111WUl1'J.>nrwJ.:u;a11rfJtq; p;ood2niaubh:sh;::db) :.cnpw;:,rta,p:t'C)· m :xt:C"pcdby C.%Jlr::ins AllaHU m.t1I ~) "llhlh:: Fcdi:::hl ecit pnT1:1pk1 (ot rcnri:iW1CTT'C1'11 .a FOf mm:d c!'T'4)1,o) ca :ird Lt') pc:nor.d ar.er the ~1W lowi) r:ttc Fo, cLuuf10Uo:tS ocl) nier tlr A,cnr;e tfe)t!riy R.1~ ror 1~ ct.u.slfo1ion CoH Proposal (Al 31' ANNUAL LABOR RATE ESCALATION FOR EACH ADDITIONAL YEAR
Local Ass is t a nce Pro cedures Manua l
EXHIBIT 10-H COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS ]
(CONSTRUCTION ENGINEERING ANO INSPECTION CONTRACTS)
Consullunt Dlackhurn Cop"-'s=u=lt=in,..~•~----------------• Prime Consuhnnt X Subconsultunt
l'mjcct No. ________ _ Contract No. _________ _ Date 5/14/2020
SCHEDULE OF OTHER DIRECT COST ITEMS (Add ndditionnl pages as necessary)
Description of Item
In-House Laboratory Analys is
Outside Laboratory Analysis
Mileage
Specialty Vendors
Equipment Rentals
Description of Item
Subconsultant I :
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Nole : Add udd111onal pages 1rnc-ccssnry
NOTES
Quantity Unit Unit Cost
each See attached schedule
each @Cost
miles IRS rate
each @Cost
each @Cost
I
2.
I.1st other direct cost llcms \\1th csumalc-<l cosls To .. -se costs should be compc1111vc m their rcsr<--cUve 1mlus1ncs aml supportc'tl ,,i th appropriale documentalion .
Proposed ODC items should be consistcnlly hilk'tl reg ardless or client and conlroct ly pe.
J l1cms \\tien incurrc:d for lhc same purpo se , in lil;e circumst ance , should not be included many md,r..-ct cost pool or in lhe overhead rate .
4 Items such os special looling, will be reimbursed at actual cost with support ing docum eo1at1on (mvo1 cc).
5 Items hslcd abo ve that would he considered "tool s of the trode" are not reimbursable as 01hcr direct cost.
6 Tra vel relnretl costs should be pr e-approved by lhe conlractmi; agcoc,· urn! sh~II not exceed currcnl Slnle D<:panmcnl orl'crsonocl Admini slration rules.
Sialf
Ex h i bit 10 -H
Cost Proposal
Tolul
$ -
8. Ir n consultant propos,.-s rental costs for n vehicle, the comp:my musl dcmon stralc !hat this is ils siantlard procc'llurc for nil of their conlrocts nml that !h ey do nol mm any veh icl es
that could he U5c<l for the s ame purpo se
9 The cost proposal fonnat shall nol he amcndetl. All co sts must comply 1vith the Federal cosl pnncrples .
10 Add udtliuonal pages 1fncccs sn ry
11 Suhconsultan ts must provide their o,,n co sl proposals .
LPP B -0 1
Page 2
Ju ne 20, 2 0 13
Auburn Main Office: 11521 Blocker Drive, Suite 110 Auburn, CA 95603 (530) 887-1494, Fax (530) 887-1495 West Sacramento Office: 2491 Boatman Avenue · West Sacramento, CA 95691 (916) 375-8706, Fax (916) 375-8709 ~ BLACKBURN CONSULTING www.blackburnconsulting.com Fresno Office: 4186 W. Swift Avenue, Suite 107 Fresno. CA 93722 (559) 438-8411, Alt. (559) 276-4246 2020 LABORATORY FEE SCHEDULE Geotechnical • Geo-Environmental • Construction Services • Forensics SOIL CLASSIFICATION . . . #200 Sieve Wash Sieve Analysis to #200 Standard Hydrometer with ~ieve (\naiys(s Plasticity Index Specific Gravity -Soils Moisture Content Moisture/Density SOIL COMPACTION . ASTM D1140 ASTM D6913, CAL 202 ASTM D422 ASTM D4318 AASHTO T100 ASTM D2216, CAL 226 . Page 1 af2 $125 $193 $380 $275 $120 $45 $85 Standard Proctor (4" or 6" mold) ASTM D698 $345 Modified Proctor ( 4" or 6" mold) ASTM D1557 $345 Ealifu~~m_p~a_ct ___________________ C_A_l_2_16 ___________ $_3_45_ Check Point (Standard or Modified) $160 VOLUME CHANGE . · One-Dimensional Consolidation ASTM D2435 $545 (6 load incre".18_'!.!~ includes 2 time rate curves and 2 rebound decrements) Additional load or Rebound Decrement $38/ea Additional Time Rate Curves $118/ea -·-··--·--· _,._. _____ .. -, ......... Expansion Index ASTM D4829 $275 One-Dimensional Settlement Swell ASTM D4546 $245 Unconfined Compression ASTM D2166 $160 Compression, Rock Prep & Photos included ASTM D7012 $185 _R_o_ck_P_o_i_nt_L_o_a_d_,__(u__,_p_t_o_s_ix_,__p_o_in_ts_,__) _____________ A_S_TM_D_5_7_3_1 __________ $75 California_ Bearing Ratio (CBR).,__, w_ith_cu_rv_e ___________ A_S_TM __ D_18_8_3 _________ _;_$_85_0 California Bearing Ratio (CSR), without curve ASTM D1883 $510 Resistance Value CAL 301 $375 Direct Shear:7pe_r_p_o-in_t_) ______________________________ _ Undisturbed Remolded Triaxial Compression: (per point) Photos of failure upon request ASTM D3080 $215 ASTM D3080 $275 Undrained. Unconsolidated w/out Pore Pressure ASTM D2850 $195 ---Consolidated, Undrained w/ Pore Pressure Measurements ASTM D4767 $565 Consolidated, Drained $810 Consolidated, Undrained, no Pore Pressure Measurements $320 Specimen Remolding ________________________________ $_12_5 Blackburn Consulting Revised 11-14-19
2020 Laboratory Fee Schedule Page2of2 CORROSIVITY ANA_LYSIS ... · , _ ,.-.. _ .. , , , ., .. • . ,, .. , , .. , .. _ '" .-. Corrosion Analysis Package CAL 643,417,422 $350 Includes Soi/ Resistivity, Soil pH, Su![ates_l Chlorides. Minimum size is 1,000 grams ~~ CTM643 $45 Resistivity CTM643 $147 PERMEABILITY . . . Flex-wall Permeability ASTM D5084 Either Con_~!ant head or Falling Head I rising Tail Water. Method depends on soif type Each Additional Effective Stress Specimen Remolding TREATED SOIL TESTS_ % Lime for Stabilization • per P'?!~U~) ASTM D6276 pH of Soil CTM643 Modified Proctor ASTM D1557 _Unconfined Compression Test ASTM D5102 One Dimensional Swell ASTM D4546 Bulk Specific Gravity • Course & Fine Aggregate ASTM C127 & 128, CAL 206,207 Coarse Durability CAL 229 Fine Durability CAL229 Sand Equivalent CAL 217, ASTM 02419 Cleanness Value CAL227 Moisture Content CAL 226/370 Percent of Crushed Particles (per size fraction) CAL205 Fine Aggregate Angularity AASHTO T304, Method A --Flat and Elongated Particles (per size) AASHTO D 4791 Combined Grading 1" through no. 20_9_ CAL 201/202 ~[Q. Grading (First 2 Bins) CAL 201/202 Each Bin Thereafter LP-9 (RAP) Bum LP-9, CT382 ASPHALT , . . . CAL 308 Bulk Specific G~~~ty • Comp __ a_c_te_d_H_o_t_M_ix_A_s_p_h_a_lt _____________ _ Theoretical Max Specific Gravity (Rice) L TMD (Set of 5) Binder Content CAL 309 CAL 375 $500 $125 $125 $140 $45 $410 $230 $230 $120 $205 $205 $143 $193 $110 $180 $180 $180 $192 $192 $75 $120 $60 $210 $415 Ignition Oven Corre~lion f_a_ct_o_r __________________________ _ CAL 382 $35~ lgnition Oven Solvent Stability (Set of 3) Void Content With Stability and Rice ---CAL382 $210 AASHTO T164 $265 CAL366 $370 CAL 367 $40 CQNCRET~ _& MA~Ot-JRY. .• . . _. . , . . . . . . . . . . . . Concrete Corn ssion Test 6" x 12" or 4" x 8" ASTM C39 $40 Masonry or Grout Compression $58 fo~pression Test of Cored Concrete Spec. (per core) _________ . _________ $_1_3_0 Compression Test of Shotcrete Cores (pe!!=O!e)~ _____________________ $_16_4 Other Tests Quoted Upon Request Blackbum Consulting Revised 11-14-19
EXHIBIT E
Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification oflndirect Costs and Financial Manngement System EXHIBIT 10-KCONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANClAL MANAGEMENT SYSTEM (Note: If a Safe Harbor /111/irect Cost Rate is approved, tltisfon11 is 1101 required.) Consultant's Full Legal Name: Area West Environmental, Inc. Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Indirect Cost Rate; Combined Rate 160.47 % OR -----------Home Office Rate __________ % and Field Office Rate (if applicable) ________ % Facilities Capital Cost of Money _____ % (if applicable) Fiscal period * 01/01/2019-12/31/2019 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and be! ief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Patt 31 ( 48 CFR Part 31 ); • The cost proposal docs not include any costs which arc expressly unallowablc under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all foderally-funded A&E Consultant Contracts. • All known material transactions or events that have occuned subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit l 0-A. Financial Management System: Our labor charging, job costing, and accounting systems meet the standards for financial rep01ting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title ?3 United States Code (U.S.C.) Section l 12(b)(2); 48 CFR Part 3 !.?Ol-1(cl): 23 CFR. Chapter l. Part 172.l l(a)(?); and all applicable state and federal mles and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page 1 of2 March 2018
Local Assistance Procedures Manual Exhibit I 0-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed arc in compliance with FAR; • Ability to cnsw-e and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs arc in compliance with contract ten11S and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unaUowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Pcnalties-?3 CFR Pa,t I TJ. l I (c)(4) • False Claims Act-Title 31 U.S.C. Sections 37?9-3733 • Statements or entries generally -Title 18 U.S.C. Section 100 l • MctjorFraudAct-Title l8 U.S.C. Section 1031 All A&E Contract Information; • Total participation amount$ 2,137,848 (3 years) on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is_1 __ _ • Years of consultant's experience with 48 CFR Part 31 is_2_0 ___ _ • Audit history of the consultant's cmrnnt and prior years (if applicable) • Co(Tnizant ICR Audit • Local Gov't TCR Audit • Caltrans ICR Audit ~ l1l CPA TCRAudit • Federal Gov't ICR Audit I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which arc expressly unallowablc under the Federal cost principles have been removed and comply with Title 23 U .S.C. Section I 12(b)(2), 48 CFR Part 3 I, ? 3 CFR Part 17?, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that arc noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Becky Rozumowicz-Kodsuntie Title**: President --------------------~..,.,.,, by n ~ 1-~ ~,.....,,,..,..,. ....... ,. Signatmc: Becky Rozumowicz-Kodsuntie =::1~~£,,~".::::::~::~,, Date of Certification (mm/dd/yyyy): 05/27/2020 Email**: becky@areawest.net Phone Number**: 916/987-3362 ----------------**An individual executive or financial ofticcr of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial infonnation used to establish the indirect cost rate. Note: Both prime a11d subconsultants as parties of a contract must complete their own Exhibit 10-K.forms. Ca/trans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Ca/trans Audits and Investigations. Distribution: 1) Original -Local Agency Project File 2) Copy -Consultant 3) Copy -Cal trans Audits and Investigations Page 2 of2 March 2018 C
Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSUL TANT ANNUAL CERTlFICATION OF INDIRECT COSTS AND FINANClAL MANAGEMENT SYSTEM (Note: If a Safe Harbor /11direct Cost Rate is approved, thisfoni, is 1101 required.) Consultant's Full Legal Name: AMBIENT Air Quality & Noise Consulting Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Indirect Cost Rate; Combined Rate 67 · 17 % OR -----------Home Office Rate __________ % and Field Office Rate (if applicable) ________ % Facilities Capital Cost of Money _____ % (if applicable) .Fiscal period * 01/01/2018-12/31/2018 * Fiscal period is mrnual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter I, Pait 31 ( 48 CFR Part 31 ); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 3 l; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts. • All known material transactions or events that have occmTed subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor chai·ging,job costing, and accounting systems meet the standards for financial rep01ting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title ?3 United States Code (US.C.) Section 11 ?(b)(2); 48 CFR Part 31.20 l-2(cl): 23 CFR. Chapter I. Part 17?. 1 l(a)(?); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page 1 of2 March 2018
Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financi:tl l\fan:igement System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs arc in compliance with contract te1111s and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (F AHP) contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties -23 CFR Pa11 172. I Ir c )( 4 l • False Claims Act -Title 31 U.S.C. Sections 37?9-3733 • Statements or entries generally-Title 18 U.S.C. Section I 00 I • Mctjor Fraud Act-Title 18 U.S.C. Section 103 l All A&E Contrnct Information; • Total participation amount$ 387,000 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant docs business is ONE • Y cars of consultant's experience with 48 CFR Part 31 is_T_E_N __ _ • Audit hist01y of the consultant's current and prior years (if applicable) • Cognizant lCR Audit • Local Gov't ICR Audit • Caltrans lCR Audit • CPA ICR Audit • Federal Gov't ICR Audit I, the tmdersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U .S.C. Section I 12(b)(2), 48 CFR Part 31, 13 CFR Part 171, and all applicable state and federal rules and regulations. I also ce1tify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: KURT LEGLEITER Title**: PRINCIPAL KURT LEGLEITER Olgliallyslgnc<lbyKURTLEGLEITER Signature: Oato: 2020.05.22 08:40:27-0TOO" Email**: kurt@ambient.consulting --------------------Date of Certification (mm/dd/yyyy): 05/22/2020 Phone Number**: 805.226.2727 ----------------**An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial infonnation used to establish 1he indirect cost rate. Note: Both prime and subco11sultants as pa1ties of a contract must complete their own Exhibit 10-Kforms. Ca/trans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Ca/trans Audits and Investigations. Distribution: I) Original -Local Agency Project File 2) Copy -Consultant 3) Copy-Caltrans Audits and Investigations Page 2 of2 March 2018
Local Assistance Procedures Manual Exhibit to-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-KCONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor l11direct Cost Rate is approved, thisjorm is ,wt required.) Consultant's Full Legal Name: Applied Earthworks, Inc. Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Indirect Cost Rate; Combined Rate 130.43 % OR -----------Home Office Rate __________ % and Field Ot1ice Rate (if applicable) ________ % Facilities Capital Cost of Money _____ % (ifapplicabl~) Fiscal period * 01/01/2019-12/31/2019 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period-for which financial statements arc regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter I, Pait 31 ( 48 CFR Part 31 ); • The cost proposal does not include any costs which arc expressly unallowablc under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts. • All known material transactions or events that have occuned subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incmTed, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set f01th in Title 23 United States Code (U.S.C.) Section 1 l2(b )(2); 48 CFR Part 3 I.?01-?( d): ? 3 CFK Chapter I. Part 17?. 1 J(a )(2); and all applicable state and federal mies and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unaltowable costs into separate cost Page I of2 March 2018
Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed arc in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract tenns and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following: • SanctionsandPenalties-23 CFRPart 17?.I l{c)(4) • False Claims Act -Title 31 U.S.C. Sections 37?9-3733 • Statements or entries generally -Title 18 U.S.C. Section I 001 • Major Fraud Act -Title l8 U.S.C. Section I 031 All A&E Contract Information; • Total participation amount$ 2,000,000 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is._5 __ _ • Years of consultant's experience with 48 CFR Part 31 is_2_5 ___ _ • ·Audit histoty of the consultant's crni-ent and prior years (if applicable) • Cocrnizant ICR Audit • .Local Gov't ICR Audit 0 Caltrans ICR Audit I:> III ·cp A ICR Audit • Federal Gov't ICR Audit I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which m·e expressly unallowable under the Federal cost principles have been removed and comply with Title 13 U.S.C. Section I 12(b){2). 48 CFR Part 31, ?3 CFR Part 17?, and all applicable state and federal rules and regulations. I also ce1tify that I understand that all documentation of compliance must be retained by the consultm1t. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Jennifer L Barbee Title**: CAO/CFO Jenn"f L Barbee OlgUsllyslgnodbyJcnnifcrLBetbec Signature: I er Onto: 2020.03.30 10:36:49-0TOO' Email**: jbarbee@appliedearthworks.com --------------------Date of Certification (mm/dd/yyyy): 03/30/2020 Phone Number**: 559-229-1856 x112 •• An individual executive or financial ofiiccr of the consultant's or subconsultant's organi7.ation at a level no lower than a Vice President, a Chief Financial Ofiiccr, or equivalent, who has authority to represent the financial infonnation used to establish the indirect cost rate. Note: Both prime and subco11sultants as pa1ties of a contract must complete their own Exhibit 10-Kforms. Ca/trans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Ca/trans Audits and Investigations. Distribution: I) Ori1,>inal -Local Agency Project File 2) Copy -Consultant 3) Copy -Caltrans Audits and Investigations Page 2 of2 March 2018
Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENTS YSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: __ B_l_a_c_k_b_u_rn_C_o_n_s_u_l_ti_n_g _____________ _ Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Indirect Cost Rate; Combined Rate __________ % OR Home Office Rate. __ 2_0_6_._6_3 ____ % and Field Office Rate (if applicable) __ 1_5_3_. 7_8 ___ % Facilities Capital Cost of Money _____ % (if applicable) Fiscal period• 01/01/2018 -12/31/2018 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. · I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have detennined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 ( 48 CFR Part 31 ); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 1 I 2(b){2); 48 CFR Part 31.20 l-2{d): 23 CFR. Chapter I. Part 172.11 {a)P); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page I of2 March 2018
Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract tenns and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (F AHP) contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties -23 CFR Part I 72. I l(c)(4) • False Claims Act-Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally -Tille 18 U.S.C. Section I 00 I • Major Fraud Act-Title 18 U.S.C. Section 1031 All A&E Contract JoC0cwuH0u; • Total participation amount$ 2.0M on all State and F AHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is_1 __ • Years of consultant's experience with 48 CFR Part 31 is_1_s __ _ • Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit • Local Gov't ICR Audit 0 Caltrans ICR Audit • CPA ICR Audit • Federal Gov't ICR Audit I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to detennine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section I I 2(b}(2). 48 CFR Part 31. 23 CFR Part 172, and all applicable state and federal rules and regulations. 1 also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name••: Wendy Supinger Title .. : Principal __ ___..;. ______________ _ W d S • Dlglal/yslgntdOyWendySuping,r 5/14/2020 Signature: en Y upmger oa1.2o.o.orn17,o7.o,-oroo· Date of Certification (mm/dd/yyyy): _______ _ Email**: wendys@blackburnconsulting.com Phone Number**: (530) 887-1494 ---------------•• An individwil cxe1:utivc or linnncinl officer of the consu!tnnt's or subconsultnnt's orgnnimtion nt n lcvcl no lower thnn n Vice President, a Chief Fil1llllcial Officer. or cquivnlcnl, who hns nuthority to represent the li111111cinl infonnntion used to esuiblish the indirect cOSl rate. Note: Bot It prime and subconsultants as parties of a co11tract m11st complete their 011,111 Exltibit 10-Kforms, Ca/trans will not process local agency's invoices until a complete Exhibit 10-Kfonn is accepted and approved by Ca/trans Audits and Investigations. Distribution: I) Originnl -Local Agency Project File 2) Copy-Consultant 3) Copy -Caltrans Audits and Investigations Page2 of2 March 2018
Local Assistance Procedures Manual EXHIBIT F Exhibit 10-S Consultant Performance Evaluation Exhibit 10-S Consultant Performance Evaluation I. PROJECT DAT A 2. CONSULTANT DATA la. Project (include title, location, and Activity/CIP No.) 2a. Consultant Name and Address lb. Brief Description of Project (design, study, etc.) 2b. Consultant's Manager le. Budget Cost for Project: $ . 2c. Phone: 3. AGENCY DEPARTMENT/SECTION RESPONSIBLE 3a. Department (include section and division) 3b. Agency Project Manager (name & phone) 4. CONTRACT DATA (Engineering Services) 4a. Contract No.: Termination date: Base Fee: $ Agreement date: Date terminated: Contingency: $ 4b. Amendment $ I # $ I # (Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4c. Change Order $ I # $ I # (Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4d. Total Fee per Agreement (4a. + 4b. + 4c.) $ Total Fee Paid$ (Do not include Contingency Listed in 4a.) 4e. Type of 4f. Historical Record of Key Submittal Dates (enter date or n/a if not applicable) Services Preliminary 30% 70% 90% 100% (Design, study, Per Agreement etc.) Delivery Date Acceptance Date 4j. Reasons for Change Orders: (Indicate total for each reason) 4g. Notice To Proceed (date) Errors/Omissions $ % of Base Fee Unforeseen Conditions $ % of Base Fee 4h. Number of Days (number) Changed Scope $ % of Base Fee Changed Quantities $ % of Base Fee 4i. Actual Number of Days (number) Program Task Options $ % of Base Fee 5.OVERALL RATING (Complete Section II on reverse, include comments as appropriate.) Outstanding Above Average Below Poor Average Average 5a. Plans/Specifications accuracy 5b. Consistency with budget 5c. Responsiveness to Agency Staff 5d. Overall Rating 6. AUTHORIZING SIGNATURES 6a. Agency Design Team Leader Date: 6b. Agency Project Manager Date: 6c. Agency Public Works Manager Date: 6d. Consultant Representative Date: See Reverse Side LPP 13-01 Final 0.00% 0.00% 0.00% 0.00% 0.00% NIA Page 1 of2 May 8, 2013
Local Assistance Procedures Manual PLANS/SPECIFICATIONS Outstanding Above ACCURACY Avg. Plans Specifications clear and concise Plans/Specs Coordination Plans/Specs properly formatted Code Requirements covered Adhered to Agency Standard Drawings/Specs Drawings reflect existing conditions As-Built Drawings Quality Design Change Orders due to design deficiencies are minimized Section III Item ____ _ Item ____ _ Item Item Item Item -----*Indicates supporting documentation attached, LPP 13-01 EXHIBIT F Avg. Below Poor NIA Responsiveness Outstanding Avg. To Staff Timely Responses Attitude toward Client and review bodies Follows directions and Chain ofresponsibility Work product delivered on time Timeliness in notifying Agency of major problems Resolution of field Problems Consistency with budget Reasonable Agreement . negotiation Adherence to fee schedule Adherence to project Budget EXPLANATIONS AND SUPPLEMENTAL INFORMATION (Attach additional documentation as needed) Exhibit 10-S Consultant Performance Evaluation Above Avg. Below Avg. · Avg. Poor NIA Page 2 of2 May 8, 2013
EXHIBIT G Fiscal Year 2020/2021 California Department of Transportation Debarment and Suspension Certification As required by US. DOT regulations on governmentwide Debarment and Suspension (Nonprocurement), 49 CFR 29.100: 1) The Applicant certifies, to the best of its knowledge and belief, that it and its contractors, subcontractors and subrecipients: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ,e c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the .... · offenses listed in subparagraph (l)(b) of this certification; and d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default. 2) The Applicant also certifies that, if Applicant later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to the State. 3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this certification, through those means available to Applicant, including the General Services Administration's Excluded Parties List System (EPLS), Applicant shall indicate so in its applications, or in the transmittal letter or message accompanying its annual certifications and assurances, and will provide a written explanation to the State. January 2020
EXHIBIT G DEPARTMENT OF TRANSPORTATION DEBARMENT AND SUSPENSION CERTIFICATION FISCAL YEAR 2020/2021 SIGNATURE PAGE ln signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature ______________ _ Date --------Printed Name --------------As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has the authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, these certifications and assurances have been legally made and constitute legal and binding obligations of the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances or of the performance of the described project. AFFIRMATION OF APPLICANT'S ATTORNEY For _________________ (Name of Applicant) Signature Date _______ _ Printed Name of Applicant's Attorney _______________ _ January 2020
EXHIBIT H Conflict of Interest Statements
C May 22, 2020 Mohammad Alimi, Design Engineer County of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 DesignServices@fresnocountyca.gov SUBJECT: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, Area West Environmental, Inc. (A WE) and our teaming partners AMBIENT Air Quality & Noise Consulting, Applied EarthWorks, Blackbum Consulting, California Bat Exclusion, Helm Biological Consulting, John Pape Consulting, T. Brooks & Associates, Tallac Applied Ecology & Design, and The Wildlife Project have read and reviewed the Conflict of Interest Code included with the Request for Qualifications (RFQ) as Attachment D. A WE does not have any financial interests, inv~stments, interests in real property and income, or business positions in the County of Fresno. As detailed in the table below, within the past two years A WE has worked, and is currently workin , in the Count of Fresno on several contracts. San Joaquin River Bridge on Italian Bar Road Project Fresno County On-call Environmental Consulting Services California Department of Transportation (Caltrans), Districts 6 and 10 On-Call Environmental Generalist Services (06A2126) High Speed Rail Mitigation Services Nees Avenue Improvements (Minnewawa to Clovis) California High Speed Rail Hairy Orcutt Grass (HOG) High-Speed Rail Merced to Fresno Project Section City of Fresno Bridge Preventive Maintenance Program Phase 2 Project Fresno County North Fork Bridge over San Joaquin River Bridge Replacement Pro·ect Owner: County of Fresno 2014 -2019 Prime: Quincy Engineering Owner: County of Fresno 2016 -ongoing Prime: AWE Owner: Caltrans 2015 -ongoing Prime: HOR Engineering, Inc. Owner: California High Speed Rail Authority 2016 -2019 Prime: Westervelt Ecological Services, LLC Owner: City of Clovis 2019 Prime: AWE Owner: California High Speed Rail Authority 2019 Prime: Westervelt Ecological Services, LLC Owner: City of Fresno 2020 -ongoing Prime: AWE Owner: County of Fresno 2020 -ongoing Prime: AWE 6248 MAIN AVENUE, SUITE C•ORANGEVALE, CA 95662 PHONE (916) 987-3362 • WEBSITE: AREAWEST.NET
We do not anticipate work on the County of Fresno On-call Environmental Consultant Services for Various Public Works Projects would pose any conflicts with subsequent work on any of the above mentioned projects. Our strategy to avoid any potential contlict of interest is proactive and open communication with the Contract Manager to identify, resolve, or mitigate any potential conflicts of interest. The Conflict of Interest Statements of our teaming partners are included in the pages that follow. If you have any questions, please call or email me at (916) 987-3362 or becky@areavvest.net. Thank you for your consideration. Sincerely, Becky Rozumowicz-Kodsuntie President Area West Environmental, fnc. 6248 Main A venue, Suite C Orangevale, CA 95662 916-987-3362 A WE Proposal Reference#: P20-036 -2 -
May 25, 2020 Mohammad Alimi, Design Engineer County of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 DesignServices@fresnocountyca.gov 612 12'" Street, Suite 201 Paso Robles, CA 93446 805.227.2727 www.Amblent.Consulting RE: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi: Ambient Air Quality & Noise Consulting has read and reviewed the has reviewed the County of Fresno's Conflict of Interest code. We do not have a conflict of interest with the County's contract Sincerely, Kurt Legleiter Principal
Mohammad Alimi, Design Engineer Cmmty of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 9372 l DesignServices@fresnocountyca.gov May 25, 2020 1391 W. Shaw Ave , Suite C Fresno, CA 93711-3600 0: (559) 229-1856 I F (559) 229-2019 SUBJECT: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, Applied Earth Works, Inc. has read and reviewed the County of Fresno's Conflict oflnterest code. We do not have a conflict of interest with the County's contract. Sincerely, 77 '? • -1'-C --; D-/.,,...____J Mary Baloian, Ph.D., RPA 15189 President/Principal Archaeologist I ARCHAEOLOGY I PALEONTOLOGY CULTURAL RESOURCE MANAGEMENT www.appliedearthworks.com
Fresno Office: 4186 W. Swift Avenue. Ste 107 Fresno, CA 93722 (559) 438-8411 May 26, 2020 Mohammad Alimi, Design Engineer County of Fresno ~ BLACKBURN CONSULTING Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 Auburn (530) 887-1494 West Sacramento (916) 375-8706 SUBJECT: Conflict of Interest Statement for the County of Fresno On-Call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, Blackburn Consulting has reviewed the County of Fresno's Conflict of Interest Code. We do not have a conflict of interest with the County's contract. Sincerely, Blackburn Consulting Robert Lokteff PE, GE Principal
'~HELM ;,.,,,;.,c,m, 'BicDLcDGICAL CONSUL TING l>nmon 4600 I(,irchner Rd, Sheridan, CA 95681 May 25, 2020 Mohammad Alimi, Design Engineer County of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93 721 DesignServices@fresnocountyca.gov SUBJECT: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, Helm Biological Consulting (HBC), a division of Tansley Team, Inc, has read and reviewed the has reviewed the County of Fresno's Conflict of Interest code. HBC does not have a conflict of interest with the County's contract. Sincerely, Brent P. Helm, Ph.D. President/Senior Ecologist Helm Biological Consulting, a division of Tansley Team, Inc. 4600 Karchner Road Sheridan, CA 95681 916-952-0308 bhelm@tansleyteam.com 4600 KARCHNER ROAD. SHERIDAN, CA 95681 PHONE (916) 952-0308 • WEBSITE: WWW.TANSLEYTEAM.COM
JOHN PAPE CONSULTING Arborist & Horticultural Professional May 26, 2020 Mohammad Alimi, Design Engineer County of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 DesignServices@fresnocountyca.gov PO Box 8672, Fresno, CA 93747 Website: www.johnpapeconsultinq.com Tel: (559) 426-6181 Fax: (559) 426-6169 Email: john@papeconsult.com SUBJECT: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, John Pape Consulting, LLC is owned by my wife, Lori, and me. We are also partners in another business in Fresno, with other partners. The other business, is Providence Horticulture, Inc. Its job is to provide a variety of horticultural services, including tree trimming, removal, and planting, as well as a variety of pest control, soil conditioning and fertilization services in landscapes for commercial, municipal, and residential customers. John Pape Consulting has worked for Fresno County, and we have not had, nor will we have Providence Horticulture work on those jobs, and vice versa. At this time John Pape Consulting is proposing consulting work to Fresno County on the Fancher Creek Trail project. Dale Siemer is my contact for that job. Presently, Providence Horticulture works for the County on the Glassy Wing Sharpshooter contract. Those jobs are not connected to each other in any way. We are cognizant of concerns regarding conflict of interest in work which uses public moneys, and never have both companies work on the same project, to avoid even the possible perception of a conflict. If John Pape Consulting were to do consulting work for Fresno County, we would scrupulously avoid allowing Providence Horticulture to do any work on the same job, other than being County contracts. I have read and reviewed the County of Fresno's Conflict of Interest code. We do not have a conflict of interest with the County's contract. Sincerely, ~L_,, John K. Pape/ Founding Partner
T.BROOKS& ASSOCIATES, INC. May 25, 2020 Mohammad Alimi, Design Engineer County of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 DesignServices@fresnocountyca.gov SUBJECT: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, T. Brooks & Associates, Inc., has read and reviewed the County of Fresno's Conflict of Interest code. We do not have a conflict of interest with the County's contract. Sincerely, T. Brooks & Associates, Inc. Troy F. Brooks President
Tallac Applied Ecology & Design Landscape Architecture • Environmental Restoration • Interpretive Planning May 27, 2020 Mohammad Alimi, Design Engineer County of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 DesignServices@fresnocountyca.gov RE: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, Tallac Applied Ecology & Design, LLC has read and reviewed the County of Fresno's Conflict of Interest code and we do not have any conflicts with the County's contract. Respectfu I ly, Sheri Brown Dion, (CA RLA #4245) 602 Redbud Way • Nevada City, CA 95959 ph-fax.530.470.0451 sheribrowndion@tallac.net
Mohammad Alimi, Design Engineer County of Fresno Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 DesignServices@fresnocountyca.gov May 25, 2020 SUBJECT: Conflict of Interest Statement for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, The Wildlife Project (TWP), has read and reviewed the County of Fresno's Conflict of Interest Code. TWP does not have a conflict of interest with the County's contract.
June 12, 2020 Mohammad Alimi, Design Engineer County of Fresno .,_,,1 11'-'1 I I Department of Public Works and Planning 2220 Tulare Street, Suite 600 Fresno, CA 93721 DesignServices@fresnocountyca.gov SUBJECT: Attachment G-Exhibit 10-Q Disclosure of Lobbying Activities for County of Fresno On-call Environmental Consultant Services for Various Public Works Projects Dear Mr. Alimi, Area West Environmental, Inc. (AWE) and our teaming partners AMBIENT Air Quality & Noise Consulting, Applied EarthWorks, Blackburn Consulting, California Bat Exclusion, Helm Biological Consulting, John Pape Consulting, T. Brooks & Associates, Tallac Applied Ecology & Design, and The Wildlife Project have read and reviewed the Exhibit 10-Q Disclosure of Lobbying Activities form included with the Request for Qualifications (RFQ) as Attachment G. A WE and our teaming partners do not have any lobbying activities to rep01i. Attached, please find A WE's signed Exhibit l 0-Q Disclosure of Lobbying Activities fonn. If you have any questions, please call or email me at (916) 987-3362 or becky@areawest.net. Thank you for your consideration. Sincerely, Becky Rozumowicz-Kodsuntie President Area West Environmental, Inc. 6248 Main A venue, Suite C Orangevale, CA 95662 916-987-3362 A WE Proposal Reference#: P20-036 6248 MAIN AVENUE, SUITE C•ORANGEVALE, CA 95662 PHONE (916) 987-3362 • WEBSITE: AREAWEST.NET
Area West Environmental, Inc. Local Assistance Pl'ocedures Manual EXHIBIT I EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q Dl,SCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 l. Type of Federal Action: [!] a. contract b. grant c. cooperative agreement 2. Status of Federal Action: ~ a. bid/offer/application b. initial award c. post-award 3. Report Type: 0 a. initial b. malcriul change d. loan For Material Change Only: 4. e. loan guarantee C loan insurance Name and Address of Reporting Entity 1K] Prime D Subnwardce Area West Environmental, Inc. Tier ___ , if known 6248 Main Ave., Suite C, Orangevale, CA 95662 Congressionul District, if known CA 7 6. Federal Department/Agency: Department ofTransportatlon, Federal Highway Administration 8. 10. Federnl Action Number, if known: Name and Address of Lobby Entity (rfindividuul, last name, first name, Ml) N/A year __ quarter ___ _ date ortnst report ___ _ 5. lf Reporting Entity in No. 4 is Subnwnrdee, Enter Name and Address of Prime: Congressional District, if known 7. Federnl Program Name/Description: CFDA Number, if applicable ________ _ 9. Award Amount, if known: 11. Individuals Performing Services (including addn:ss if ditl~rent from No. I 0) (last name, first name, Ml) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment (check all that apply) $ On-Call Envirc D actual O planned 13. Form of Payment (check all that apply): B a. cash b. in-kind; specify: nature ______ _ Value _____ _ 14. Type of Payment (check all that apply) a. retainer b. one-time tee c. commission d. contingent fee e deferred f other, specify __________ _ 15. Brief.Description of Services Performed or to be performed and .Date(s) of Service, including officer(s), employce(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes D No 11$] 17. lnfommtion requested tbrough this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his tr.insaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than$ I 0,000 and not more than $100,000 for each such failure. Federal Use Only: Signature: ~-1]~ Print Name: Becky Rozumowicz-Kodsuntie Title: President Telephone No.: 916-987-3362 Date: 5/15/2020 Authorized for Local Reproduction Standard Fonn -LLL Standard Fann LLL Rev. 04-28-06 Distribution: Orig-Local Agency Project Files LPP 13-01 .Page.1 May 8, 2013
EXHIBIT J SELF-DEALING TRANSACTION DISCLOSURE FORM (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a) (5) Authorized Signature Signature: Date:
EXHIBIT J SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing the disclosure form. (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Codes. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).
EXHIBIT K Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinen·t Nondiscrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U .S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U .S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U .S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and 111 of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U .S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
EXHIBIT K • lhe Federal Aviation Administration's Nondiscrimination statute {49 U.S.C. § 47123) {prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency {LEP). To ensure compliance with litle VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • litle IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex ir:i education programs or activities (20 U.S.C. 1681 et seq).