HomeMy WebLinkAboutAgreement_GPA.pdf1 2 3 4 CONSUL TANT AGREEMENT THIS AGREEMENT for specialized professional Environmental Consultant Services, hereinafter referred to as the "AGREEMENT," is made and entered into this b~y of I 1.L.=.....,._.........__----,,,_2021, by and between the COUNTY OF FRESNO, a political subdivision of 5 the State of California, hereinafter referred to as the "COUNTY"; and GPA Consulting, a 6 California Corporation, whose address is 201 Nevada Street, Suite B, El Segundo CA 7 90245, hereinafter referred to as the "CONSUL TANT'. 8 WITNESS ETH g WHEREAS, the COUNTY desires to retain the CONSULTANT to provide on-call 10 specialized professional environmental consulting services to assist COUNTY in complying 11 with federal and state environmental laws, regulations and guidelines as necessary for 12 road, bridge, landfill and capital improvement projects (hereinafter referred to as 13 "PROJECT(S)" proposed by the COUNTY; and 14 WHEREAS, said CONSULTANT has been selected in accordance with the 15 COUNTY'S Ordinance Code Chapter 4.10 governing the selection of architects, engineers, 16 and other professionals, and in accordance with Chapter 10 of the Local Assistance 17 Procedures Manual (LAPM) issued by the California Department of Transportation 18 (CAL TRANS), to provide the environmental consulting services necessary for the 19 PROJECTS; and 20 WHEREAS, the individual listed below 21 Erin Haagensen, Senior Staff Analyst 22 2220 Tulare Street, 6th Floor, Fresno, CA 93721 23 559-600-9908 24 ehaagenson@fresnocountyca.gov 25 is designated as the CONTRACT ADMINISTRATOR for the AGREEMENT on behalf of the 26 COUNTY, and shall remain so unless the CONSUL TANT is otherwise notified in writing by 27 the COUNTY'S Director of Public Works and Planning or his/her designee (hereinafter 28 referred to as "the DIRECTOR"); and COUNTY OF FRESNO Fresno, California 12/01/20 1
1 WHEREAS, the individual listed below 2 Erinn Silva, Senior Assoc. Environmental Planner 3 201 Nevada Street, Suite B 4 EISegundo,CA 90245 5 (310)792-2690 I 6 erinn@gpaconsulting-us.com 7 is designated as the CONSULTANT'S PROJECT MANAGER for the AGREEMENT, and 8 shall remain so unless the CONSUL TANT requests and the DIRECTOR approves, in g writing, a change of the CONSULTANT'S PROJECT MANAGER, for which approval will 10 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 11 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 CONSUL TANT may retain, as subconsultants, specialists as the g CONSUL TANT requires to assist in completing the work. All subconsultants used by the 10 CONSULTANT 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 CONSUL TANT 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 CONSUL TANT and affiliated subconsultants shall not submit bids, or 20 sub-bids, for the contract construction phase of the PROJECT assigned to the 21 CONSUL TANT. 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) for which the CONSULTANT provides services 26 hereunder. The CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 CONSUL TANT agrees to provide the professional services that are 18 necessary for each PROJECT when expressly authorized in writing by the COUNTY'S 19 CONTRACT ADMINISTRATOR. Such work by the CONSUL TANT 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 CONSUL TANT 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 21 qualifications, proposed method and schedule for completing the task(s), completed federal 28 forms and a sealed cost proposal. The CONSUL TANT agrees that each professional or COUNTY OF FRESNO Fresno, California 12/01/20 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 CONSUL TANT 4 agrees to provide the professional services that are necessary to complete the following 5 tasks when expressly authorized in writing by the COUNT.Y'S CONTRACT 6 ADMINISTRATOR: 7 8 A. 1. Technical Reports: The CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 5
1 COUNTY submittal to outside agencies. 2 6. When requested by the COUNTY'S CONTRACT ADMINISTRATOR, the 3 .CONSULTANT shall attend meetings with the COUNTY, federal, state and/or local 4 representatives to discuss and review the technical report. The CONSUL TANT 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 CONSUL TANT shall submit each technical report to the COUNTY'S 8 CONTRACT ADMINISTRATOR for transmittal to other appropriate agencies for their 9 review and approval. The CONSULT ANT shall revise and resubmit each technical report 10 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 CONSUL TANT shall verify compatible format and quantity prior to final delivery. 13 8. The CONSUL TANT 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 verify 18 compatible format and quantity prior to final delivery. 19 20 B. 1. CEQA Documents: The CONSUL TANT 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 CEQA 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 CONSUL TANT shall ascertain any requirements, unforeseen criteria, or 27 issues for the PROJECT(S) that may be unknown to the COUNTY'S CONTRACT 28 ADMINISTRATOR and communicate these requirements, criteria, or issues to the COUNTY OF FRESNO Fresno, California 12101/20 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT shall design the PROJECT(S) to include mitigation 18 measures included in the environmental document. 19 6. The CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT shall assist the COUNTY in determining all permits that 26 may b~ 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT, 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 CONSUL TANT 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 CONSUL TANT shall commence work promptly after receipt of a notice 10 to proceed issued by the COUNTY'S CONTRACT ADMINISTRATOR. 11 B. The CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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. CONSUL TANT acknowledges 8 and agrees that COUNTY shall not pay any amount under this AGREEMENT that would g exceed the NTE Sum, and CONSUL TANT 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 atthe 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 10
1 Article VI, Section B, Paragraph 3. The CONSUL TANT 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 CONSULTANT 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 AGREEMENT that are not listed in Exhibit D shall be borne by the CONSUL TANT. 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 CONSULT ANT 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 CONSUL TANT. 28 COUNTY OF FRESNO Fresno, California 12101/20 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 CONSl)L TANT'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 9 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 compensate9 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, at the 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 CONSUL TANT 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 A. The AGREEMENT may be terminated without cause at any time by the 25 COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this 26 AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily 27 completed to the date of termination based upon the compensation rates and subject to the 28 maximum amounts payable agreed to in Article VI, together with such additional services COUNTY OF FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 way 9 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 CONSUL TANT, 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 CONSUL TANT the repayment to the COUNTY of any funds 22 disbursed to the CONSUL TANT 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 of funds by the appropriating government agency. Should 28 sufficient funds not be allocated, the services provided may be modified, or the COUNTY OF FRESNO Fresno, California 12/01/20 14
1 AGREEMENT terminated at any time by giving the CONSUL TANT 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 CONSUL TANT prior to receipt 5 of written notification of such non-allocation of sufficient funding. 6 F. In the event of termination, CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 A. The CONSUL TANT must give consideration to Disadvantaged Business 8 Enterprise (hereinafter referred to as "DBE") firms as specified in 23 Code of Federal g Regulations (hereinafter referred to as "CFR") Section 172.5(b ), and in 49 CFR, Part 26. 10 The CONSUL TANT must meet the DBE goal established for PROJECT(S) by using DBEs 11 as subconsultants or document a good faith effort to have met the goal. If a DBE 12 subconsultant is unable to perform, the CONSUL TANT must make a good faith effort to 13 replace him/her with another DBE subconsultant if the goal is not oth~rwise met. 14 B. The CONSUL TANT 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 ADMINISTRATOR 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 CONSULTANT must meet the procedural requirements specified 22 in 49 CFR Section 26.53(f). If a DBE subconsultant is unable to perform, CONSUL TANT 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 CONSUL TANT shall sign the Certification of Contract Costs and Financial Management COUNTY OF FRESNO Fresno, California 12/01/20 16
1 System, attached hereto and incorporated herein as Exhibit E. 2 B. The CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT or Subconsultant is a Non-Profit Organization or an 9 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 CONSUL TANT has not employed or retained any company or person, other than a bona 15 fide employee working for the CONSULTANT, to solicit or secure the AGREEMENT; and 16 that CONSUL TANT 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 AGREEMENT without 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 CONSUL TANT. 25 XIV. RETENTION OF RECORDS/AUDIT 26 For the purpose of determining compliance with Gov. Code§ 8546.7, the 27 CONSUL TANT, Subconsultants, and the COUNTY shall maintain all books, documents, 28 papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and COUNTY OF FRESNO Fresno, California 12/01/20 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 CONSUL TANT'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 CONSUL TANT, g Subconsultants, and the CONSUL TANT'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 CONSULTANT 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 CONSULT ANT from full and timely performance, in accordance with the terms 22 of the AGREEMENT. 23 D. The CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT to incorporate audit or review recommendations, or to g 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 CONSUL TANT 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 CONSULTANT's independent CPA, IOAI will work with the CPA and/or CONSULTANT 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 CONSUL TANT 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
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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT. 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 CONSUL TANT. 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 CONSUL TANT cannot reach agreement under 28 Section B, Paragraph 2 of this Article XVI, the disputed issues may, upon concurrence by COUNTY OF FRESNO Fresno, California 12/01/20 21
1 all parties, be submitted to a panel of three (3) for a recommended resolution. The 2 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 A. The CONSUL TANT 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 CONSUL TANT and any Subconsultant shall relieve the 8 CONSUL TANT of any of its responsibilities and obligations hereunder. The CONSUL TANT g agrees to be as fully responsible to the COUNTY for the acts and omissions of its 10 Subconsultants and of persons either directly or indirectly employed by any of its 11 Subconsultants, as it is for the acts and omissions of persons directly employed 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 CONSULTANT shall maintain an inventory of all nonexpendable 9 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 CONSUL TANT 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 CONSULTANT 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 FRESNO Fresno, California 12/01/20 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 FRESNO Fresno, California 12/01/20 A. The CONSULTANT shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to CONSUL TANT regarding necessary safety equipment or procedures. CONSUL TANT shall comply with safety instructions issued by COUNTY Safety Officer and other COUNTY representatives. The CONSUL TANT 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. CONSUL TANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The CONSUL TANT 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 CONSULTANT, 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 CONSUL TANT 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 CONSUL TANT 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 FRESNO Fresno, California 12101/20 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 e. 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 CONSUL TANT, 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT or any other person, firm, corporation or agency. 9 B. The CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT to the extent the CONSUL TANT has an interest in and 20 authority to convey such rights; and the CONSUL TANT 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 CONSULTANT or anyone claiming any right through the CONSULTANT. The 24 CONSUL TANT 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 CONSUL TANT, or any other person, firm, 27 corporation, or entity. For purposes of this AGREEMENT the terms "drawings and work 28 product" shall mean all reports and study findings commissioned to develop the PROJECT COUNTY OF FRESNO Fresno, California 12101/20 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 CONSUL TANT, 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 111, 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 CONSULTANT to the COUNTY. 16 E. Documents, including drawings and specifications, prepared by the 17 CONSUL TANT 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 for testimony, 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 CONSUL TANT in order to carry out the AGREEMENT, shall be COUNTY OF FRESNO Fresno, California 12/01/20 30
1 protected by the CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT to comply with an order of 21 the National Labor Relations Board. 22 XXVI I. EVALUATION OF CONSUL TANT 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 CONSUL TANT 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 FRESNO Fresno, Califomia 12/01/20 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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. CONSUL TANT 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. CONSUL TANT 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. CONSUL TANT shall include the nondiscrimination and compliance provisions 6 of this clause in all subcontracts to perform work under this AGREEMENT. 7 G. The CONSUL TANT, 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT, 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 21 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 FRESNO Fresno, California 12/01/20 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 CONSULTANT 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 CONSUL TANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT hereby certifies that neither the CONSUL TANT, 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 CONSUL TANT 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 FRESNO Fresno, California 12101/20 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 CONSUL TANT 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 9 right, in its discretion, to do any of the following: terminate the AGREEMENT without 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 CONSUL TANT shall sign the lobbying forms, attached hereto and 16 incorporated herein as Exhibit I, as required by the instructions found on each form. 17 18 that: 19 B. The CONSUL TANT certifies to the best of his or her knowledge and belief 1. No state, federal or COUNTY appropriated funds have been paid, or 20 will be paid by or on behalf of the CONSULTANT 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 1 o 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 CONSUL TANT 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 CONSUL TANT, including any and all of the CONSULTANT'S officers, agents, and employees 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 CONSULTANT is performing its obligations in accordance with the terms COUNTY OF FRESNO Fresno, California 12101/20 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 CONSUL TANT 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 COUNTY or to 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 CONSUL TANT is providing goods or performing services under the 20 AGREEMENT. A self-dealing transaction shall mean a transaction to which the 21 CONSUL TANT 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 XX.XVI. 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 FRESNO Fresno, California 12/01/20 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 CONSUL TANT 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 CONSUL TANT; 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 AGREEMENT 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 XU. 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 FRESNO Fresno, California 12/01/20 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 FRESNO Fresno, California 12/01/20 40
l::.XHl~I I A CONSULTING Gp A RESPONSIBLE FIRM PRINCIPAL RICHARD GALVIN I PRINCIPAL ENVIRONMENTAL PLANNER Mr. Galvin, Vice President of GPA, will serve as the Principal-in-Charge on this contract. He has managed the environmental process for a variety of projects in California since 1995. His proactive and organized approach to projects and his understanding of the environmental process have gained him the trust of numerous clients, including public agencies and private engineering firms. Mr. Galvin joined GPA in 2007, and successfully built and expanded the firm's environmental planning and biology divisions. Si nee that time he has overseen all transportation-and public works-related projects, as wel I as contracting, for the firm. Under his guidance, GPA has obtained environmental clearances for numerous cities, counties, and transportation agencies throughout the state, helping them to achieve their project goals. Additionally, Mr. Galvin is a former Caltrans District 7 employee, where he was responsible for managing the environmental process for several major highway projects. He brings a deep understanding of Caltrans' procedures and requirements, particularly the agency's LAPM and SER, and as such he can move environmental documents through the process efficiently. Please see Mr. Galvin's resume on the following page. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING I 4
l::.XHll:SII A CONSULTING G p A Mr. Galvin, Vice President of GPA and a Principal Environmental Planner, has managed the environmental process for projects in California since 1995. His proactive and organized approach to projects and his understanding of the environmental process have gained him the trust of numerous clients, including public agencies and private engineering firms. He is an expert on the environmental documentation process and moves documents through the approval process quickly and efficiently. Mr. Galvin is well-versed in coordination between agencies and the project team, as well as stakeholders and the community. He understands each aspect of the project, anticipates issues, and identifies solutions to ensure that any arising issues are dealt with promptly and appropriately. Mr. Galvin has worked with local, state, and federal agencies throughout California, including regional transportation and regulatory agencies such as the Los Angeles County Metropolitan Transportation Authority (Metro), Caltrans, and the FHWA, as well as numerous counties and cities. Specific bridge experience in the Central Valley includes 11 in Merced County Environmental On-call contract and nine for the Tulare County Resource Management Agency. RICHARD GALVIN I PRINCIPAL ENVIRONMENTAL PLANNER FIRM GPA ROLE ON CONTRACT Contract Manager, Principal-in-Charge STAFF AVAILABILITY 40% YEARS WITH FIRM 12.5 YEARS OF EXPERIENCE 24 EDUCATION B.S., Environmental Science, California State University, Chico SELECTED PROJECT EXPERIENCE: MONTEREY STREET BRIDGE IMPROVEMENTS I FRESNO. The City of Fresno proposed to seismically retrofit the Monterey Street Bridge and improve its functional capabilities. GPA completed a Preliminary Environmental Study form leading to a NEPA Categorical Exclusion and CEQA Categorical Exemption. Mr. Galvin was the Principal-in-Charge. MINERAL KlNG ROAD BRIDGE I TULARE COUNTY. The County of Tulare proposed to either rehabilitate or replace the Mineral King Road Bridge on Mineral King Road over the east fork of the Kaweah River. Mr. Galvin oversaw staff's preparation of the Water Quality Assessment Report, Natural Environment Study, Visual Impact Assessment, Area of Potential Effects Map, Finding of No Adverse Effect, and Environmental Commitments Record. GPA staff also performed all necessary public outreach activities, including the scoping meeting and other public information meetings, which were summarized in a Public Scoping Summary Report. Under the direction of GPA, subconsultants prepared the Phase I Initial Site Assessment, Historic Property Survey Report, and Archaeological Survey Report. Based on the requirements of Section 4(f), the rehabilitation alternative was selected and the level of environmental documentation was downgraded from an Environmental Impact Report to an Initial Study/ Mitigated Negative Declaration for CEQA and an Environmental Assessment to a Categorical Exclusion for NEPA. GPA will also prepare the regulatory permit applications. KIBBY ROAD BRIDGE REPLACEMENT I MERCED COUNTY. The County of Merced, in coordination with Caltrans, proposed to replace the Kibby Road Bridge over Bear Creek. GPA prepared the Preliminary Environmental Study form, Natural Environment Study, Wetland Delineation, Biological Assessment, Section 7 Consultation package, Visual Impacts Memorandum, Water Quality Assessment, Natural Resources Conservation Service Consultation and Form AD 1006, Initial Study/Mitigated Negative Declaration, Mitigation Monitoring and Reporting Plan, NEPA Categorical Exclusion, and environmental permit applications. Additionally, GPA coordinated the Archaeological Survey Report, Initial Site Assessment, and noise and vibration studies. Mr. Galvin was the Principal-in-Charge. MORAGA ROAD BRIDGE REPLACEMENT I MERCED COUNTY. The County of Merced, in coordination with Caltrans, proposed to replace and realign the Moraga Road Bridge over Outside Canal. GPA prepared the Preliminary Environmental Study form, Natural Environment FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING I 5
t:.XHll111 A CONSULTING G p A PRINCIPAL-IN-CHARGE I RICHARD GALVIN Study, Biological Assessment, Section 7 Consultation package, Visual Impacts Memorandum, Water Quality Assessment, Natural Resources Conservation Service Consultation and Form AD 1006, Initial Study/Mitigated Negative Declaration, Mitigation Monitoring and Reporting Plan, NEPA Categorical Exclusion, and environmental permit applications. In addition, GPA coordinated the Archaeological Survey Report, Initial Site Assessment, and noise and vibration studies. CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 7, ON-CALL ENVIRONMENTAL GENERALIST SERVICES, CONTRACT NOS. 07A3454, 07A2718 AND 07A4602 I VENTURA COUNTY. Caltrans has contracted GPA three consecutive times to conduct on-call environmental services for transportation projects in Ventura County (District 7) since 2010. GPA has received about 40 task orders to date. Services include environmental documentation, biological resources (fish passage, protected species surveys, protocol biology and aquatic surveys, protected species relocation, Natural Environment Studies, Jurisdictional Delineations, monitoring), water quality management, fossil recovery, historic resources, cultural resources, permit compliance, public outreach, staff augmentation, and mitigation monitoring and compliance. Mr. Galvin strives to give Cal trans timely and cost-effective solutions to task orders GPA executed. For example, Mr. Galvin submitted budgets for task orders the next day to assist Caltrans with their project delivery and has worked with the contract manager to reduce labor and mileage costs. CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 7, ON-CALL SOUTH OF INTERSTATE 10. CONTRACT NO. 07A2523 I LOS ANGELES COUNTY. Caltrans contracted GPA to complete on-call environmental tasks for projects south of Interstate 10 in Los Angeles County. Mr. Galvin managed tasks for several projects, including the Interstate 405/Arbor Vitae Street On-Ramp, Interstate 110 High Occupancy Toll Lane Project, and State Route 47 Schuyler Heim Bridge Replacement. Tasks included public outreach services and the completion of a CIA. The public outreach services included briefing public officials, federal agencies, state agencies, local governments, and stakeholders in the West Los Angeles area. Mr. Galvin attended all briefings and public hearings. CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 7, ROADSIDE SAFETY-COLLISON REDUCTION I LOS ANGELES. GPA is working as a subconsultant for Caltrans District 7's Roadside Safety-Collision Reduction contract, 07 A4501. Mr. Galvin is overseeing the contract, which has had two task orders to date. Those task orders were: State Route 57 Safety Improvement Project and Interstate 405 Safety Improvement Project, Los Angeles. GPA prepared several technical studies that will be required to support the NEPA Categorical Exclusion and CEQA Categorical Exemption, including studies related to biological resources, hazardous materials, and historic resources for the State Route 57 project. For the Interstate 405 project, GPA prepared several technical studies that will be required to support the NEPA Categorical Exclusion and CEQA Categorical Exemption, including studies related to biological resources, hazardous materials, and historic resources. INTERSTATE 605 CORRIDOR IMPROVEMENT PROJECT I LOS ANGELES COUNTY. The Los Angeles County Metropolitan Transportation Authority {Metro), in cooperation with the Gateway Cities Council of Governments, San Gabriel Valley Council of Governments, Caltrans, and the County of Los Angeles, is proposing the Interstate 605 Corridor Improvement Project, which includes highway improvements along the Interstate 605 corridor, as well as improvements to State Route 60 and Interstate 5 related to the interchanges. Mr. Galvin provides quality management and technical oversight for all environmental documents. NORTH SPRING STREET VIADUCT WIDENING AND REHABILITATION I LOS ANGELES. The City of Los Angeles and Caltrans proposed to widen the viaduct to improve operations, enhance bicycle and pedestrian safety, and seismically retrofit the bridge. Mr. Galvin was the Project Manager; he oversaw finalization of the environmental documents {Final Environmental Impact Report/Environment Assessment) and technical reports, the preparation of a Section 4{f) Evaluation, and completion of the Finding of Effect and Memorandum of Agreement to comply with Section 106 of the National Historic Preservation Act (NHPA). 1ST STREET BRIDGE OVER GLENDALE BOULEVARD REHABILITATION I LOS ANGELES. The City of Los Angeles, in partnership with Caltrans, proposed to widen and seismically retrofit the 1st Street Bridge over Glendale Boulevard. Mr. Galvin provided project oversight and Quality Assurance/Quality Control during the completion of the Preliminary Environmental Study form, Mitigated Negative Declaration, Categorical Exclusion, and technical studies including a Section 4(f) Evaluation, Historic Property Survey Report, Historic Resource Evaluation Report, Finding of Effect report, and Memorandum of Agreement. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING I 6
t:.XHll:SI I A CONSULTING G p A KEY PERSONNEL GPA's project management team comprises an exceptional group of professionals with the capabilities to react to the diverse range of projects and environmental issues that could arise. Our team leadership has a long history of delivering technically accurate environmental documentation for our clients, and has a reputation for mobilizing quickly. Our approach to all projects, particularly on-call contra_~ts, emphasizes the role of a strong project manager in coordinating all activities and participants. For this role, we have selected Senior Associate Environmental Planner Erinn Silva. Ms. Silva oversees preparation of all levels of technical study and environmental documentation, leads coastal permitting efforts through local agencies and the California Coastal Commission, conducts public outreach tasks, and manages the environmental process for various phases of highly complex transportation projects. She has expertise in directing, researching, writing, and editing environmental documents pursuant to both NEPA and CEQA, with a focus on compliance with Caltrans' SER and LAPM requirements. She has extensive experience preparing environmental documentation and technical studies on projects in the Central Valley. Her projects include the Monterey Street Bridge in Fresno, the 7th Street Bridge in Stanislaus County, and nine bridge projects in Tulare County. The majority of her experience is related to projects processed through Cal trans' Local Assistance Program, and has provided her the opportunity to develop solid working relationships with the staff at Caltrans Districts 5 and 6. Assisting Ms. Silva as the Environmental Task Order (TO) Lead is Senior Environmental Planner Catrina Gomez. Ms. Gomez's primary area of expertise is preparing and managing environmental documentation in compliance with NEPA and CEQA, including associated resource studies (biological/cultural resource surveys) and regulatory permitting (Clean Water Act [CWA], Coastal Zone Management Act, Endangered Species Act [ESA]). Since coming to GPA, Ms. Gomez h_as assisted Ms. Silva on several bridge projects in Tulare County, and is currently managing several in Merced County. She has strong analytical problem-solving and communication skills, which she uses to understand client's needs and offer practical solutions to arising challenges. GPA has also selected Senior Biologist Angela Scudiere as our Biology TO Lead and Principal Architectural Historian Andrea Galvin as our Historic Resources TO Lead. Ms. Scudiere, who works in our Sacramento office, has worked in the biological resources field since for nearly a decade. She also has extensive experience in the Central Valley, particularly in Tulare and Merced Counties, as well as Sacramento, Solano, Stanislaus, Sutter, and Yuba Counties. At GPA, she manages biological and botanical surveys, preparation of technical reports, regulatory permitting, and construction monitoring. Her expertise includes compliance pursuant to NEPA, CEQA, federal and state ESA, CWA, California Fish and Game Code, and other environmental laws. Ms. Galvin has been professionally involved in the research and documentation of historic districts, sites, buildings, and structures for 25 years. Before founding GPA in 2003, she worked at Caltrans and the California Office of Historic Preservation reviewing projects for compliance with Section 106 of the NHPA and CEQA. Her experience also includes conducting architectural surveys of historic buildings and structures for the California Department of Parks and Recreation (DPR). Ms. Galvin has a deep understanding of the environmental review process as it relates to historic resources and a close working relationship with decision-makers. Her projects have involved coordinating with a number of local, state, and federal agencies as well as conducting public outreach with stakeholder groups. Please see Ms. Silva's, Ms. Gomez's, Ms. Scudiere's, and Ms. Galvin's resumes on the following pages. GPA has teamed with AMBIENT, AE, Avila, CAlnc, and O'Dell to supplement our in-house services. Their firms' qualifications as well as the qualifications of their key personnel are discussed on Page 16 under Subconsultants. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING I 7
t:.XHll:SII A CONSULTING Gp A Ms. Silva has worked on public and private projects throughout California since 2003. At GPA, she oversees preparation of all levels of technical study and environmental documentation, leads coastal permitting efforts through local agencies and the California Coastal Commission, and manages the environmental process for various phases of highly complex transportation projects, specifically in Caltrans Districts 5, 6, 7, 8, and 12. She has expertise in directing, researching, writing, and editing environmental documents pursuant to both NEPA and CEQA, with a focus on compliance with Caltrans' SER and LAPM requirements. The majority of her experience is related to local bridges processed through Caltrans' Local Assistance Program. Additionally, Ms. Silva conducts public outreach tasks. She has worked closely with clients to prepare for and present at public scoping meetings and hearings related to the circulation and review of environmental documents. Ms. Silva excels in working with local, state, and federal agencies; her diplomatic approach to projects allows her to offer practical solutions to arising challenges, and to move projects forward in a streamlined manner. ERINN SILVAII SENIOR ASSOCIATE ENVIRONMENTAL PLANNER FIRM GPA ROLE ON CONTRACT Project Manager STAFF AVAILABILITY 50% YEARS WITH FIRM 11.5 YEARS OF EXPERIENCE 16 EDUCATION A.S., Business Management, El Camino College SELECTED PROJECT EXPERIENCE MONTEREY STREET BRIDGE IMPROVEMENTS I FRESNO. The City of Fresno proposed to seismically retrofit the Monterey Street Bridge and improve its functional capabilities. Ms. Silva completed a Preliminary Environmental Study form leading to a NEPA Categorical Exclusion, as well as a CEQA Categorical Exemption form. MINERAL KING ROAD BRIDGE I TULARE COUNTY. The County of Tulare proposed to either rehabilitate or replace the existing Mineral King Bridge on Mineral King Road over the east fork of the Kaweah River. Following coordination related to the Section 106 and Section 4(f) processes, rehabilitation was selected as the only feasible alternative. Ms. Silva acted as the Project Manager. She prepared the Preliminary Environmental Study leading to a NEPA Categorical Exclusion (CE). Several technical studies were required to support the NEPA CE, including stu9ies related to water quality, biological resources, aesthetics, hazardous materials, historic resources, Section 4(f), and Native American Consultation. She conducted public outreach activities and public information meetings associated with the environmental process. Following completion of these technical studies, she prepared the Environmental Commitments Record for completion of the NEPA CE; Tulare County completed an Initial Study and Mitigated Negative Declaration as the CEQA lead agency. Ms. Silva will manage the regulatory permitting process and pre-construction activities at the appropriate time. ROAD D112 BRIDGE OVER BATES SLOUGH REPLACEMENT I TULARE COUNTY. The County of Tulare proposes to replace the existing Road Dl 12 Bridge over Bates Slough. Ms. Silva managed the preparation of the Preliminary Environmental Study, which will lead to NEPA CE. Several technical studies have been completed to support the NEPA CE, including studies related to biological resources, water quality, hazardous materials, and cultural resources. GPA will assist the County with regulatory permitting applications. ROAD D112 BRIDGE AT NORTH BRANCH TULE RIVER BRIDGE I TIPTON. The County of Tulare proposes to replace the existing Road Dl 12 Bridge over the north branch of the Tule River. Ms. Silva conducted a field review with Caltrans and supervised several surveys of the project area. She managed preparation of the Preliminary Environmental Study leading to a NEPA CE. Several technical studies will be required to support the NEPA CE, including studies related to biological resources, water quality, noise, and cultural and historic resources. Ms. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING j 8
t:.XHll::11 I A CONSULTING Gp A PROJECT MANAGER I ERINi'J SILi/A Silva may assist the County in its preparation of CEQA documentation and regulatory permitting applications at the appropriate time. AVENUE 424 TRAVER CANAL BRIDGE REPLACEMENT I TULARE COUNTY. The County of Tulare proposed to replace the existing Avenue 424 Traver Canal Bridge over Traver Canal. Ms. Silva prepared the Preliminary Environmental Study leading to a NEPA Categorical Exclusion. Several technical studies were required to support the NEPA Categorical Exclusion, including studies related to noise, biological resources, cultural resources, and hazardous materials. Ms. Silva also assisted the County in its preparation of CEQA documentation. AVENUE 364 BRIDGE OVER COTTONWOOD CREEK REPLACEMENT I TULARE COUNTY. The County of Tulare proposed to replace the bridge on Avenue 364 over Cottonwood Creek. The project included a temporary bridge structure to provide a detour route. Ms. Silva prepared the Preliminary Environmental Study leading to a NEPA Categorical Exclusion. Several technical studies were required to support the NEPA Categorical Exclusion, including studies related to biological resources, noise, cultural resources, and farmlands. In addition, the project required informal Section 7 Consultation through the U.S. Fish and Wildlife Service (USFWS). Ms. Silva also assisted the County in its preparation of CEQA documentation. AVENUE 376 TRAVER CANAL BRIDGE I TULARE COUNTY. The County of Tulare proposes to replace the existing Avenue 376 Traver Canal Bridge, located northeast of the community of Traver about 1.25 mile east of State Highway 99. Ms. Silva is managing the environmental process, which will include a Preliminary Environmental Study leading to a NEPA Categorical Exclusion. The bridge is considered a contributor to the historic Traver Canal, and the Section 106 process would require documentation related to historical resources, including an Finding of Effect with State Historic Preservation Officer (SHPO) consultation. In addition, consultation with the USFWS for San Joaquin Kit Fox is also anticipated. Several additional technical studies will be required to support the NEPA Categorical Exclusion, including studies related to biological resources, wetlands, water quality, hazardous materials, farmlands, and cultural resources. SEVENTH STREET OVER TUOLUMNE RIVER BRIDGE REPLACEMENT PROJECT I STANISLAUS COUNTY. The County of Stanislaus is proposing to replace the 7th Street Bridge, built in 1916, at the Tuolumne River. The project will include replacement of the existing historic bridge. The project will also include modifications at the intersections of 7th Street at B Street, and Tuolumne Boulevard and Crows Landing Road. GPA is providing support to the County during PS&E and construction phases of the project, including encroachment permitting, Historic American Engineering Record documentation, endangered species consultation, regulatory permitting, and NEPA Revalidation. GPA is managing a subconsultant team to conduct hazardous waste testing and paleontological documentation. Ms. Silva is the Project Director, overseeing the successful completion of these tasks. SANTA CLAUS LANE BlKE PATH I SANTA BARBARA COUNTY. The Santa Barbara County Association of Governments, in coordination with Caltrans, proposes to construct a Class I bike path along U.S. Highway 101 in the City of Carpinteria and Santa Barbara Countj. Ms. Silva managed the constraints analysis/mapping task as part of preparation of the Project Study Report (PSR) to identify environmental constraints and anticipated costs related to environmental clearance. She managed technical studies and an Initial Study with proposed Mitigated Negative Declaration for CEQA compliance during the Project Approval/Environmental Document. Ms. Silva is currently leading the Coastal Development Permit process to obtain permits from the City of Carpinteria and the County of Santa Barbara. RICE AVENUE GRADE SEPARATION AT FIFTH STREET/UNION PACIFIC RAILROAD TRACKS I OXNARD. The City of Oxnard, in coordination with the Ventura County Transportation Commission and Caltrans, proposes to conitruct a grade separation on Rice Avenue/ Fifth Street where it crosses State Route 34 and the Union Pacific Railroad tracks. Ms. Silva managed the entire environmental process, from preparation of the Preliminary Environmental Analysis Report through the Final Environmental Impact Report/Environmental Assessment for compliance with CEQA and NEPA, respectively. The project required a Finding of Fact and Statement of Overriding Considerations for CEQA and Finding of No Significant Impact for NEPA. Ms. Silva was involved with the preparation of technical studies prepared by GPA, including the CIA, farmland impacts documentation, and Natural Environment Study (Minimal Impacts). Ms. Silva managed the preparation of technical studies prepared by subconsultants, including the Air Quality Study Report and Air Quality Conformity Analysis, Noise Study Report, and Phase I Initial Site Assessment. Finally, Ms. Silva managed the complex Section 106 process, including preparation of a Historic Property Survey Report/Archaeological Survey Report, Historic Resource Evaluation Report, Extended Phase I (XPI) Proposal, XPI trenching with Caltrans Headquarters involvement, XPI/Phase II report, Environmental Site Assessment Action Plan, and Finding of Effect. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING j 9
t:.XHl~l I A CONSULTING Gp A Ms. Gomez, a Senior Environl)1ental Planner and Project Manager at GPA, has worked in the environmental consulting field since 2004. She has a background in biology and environmental science and management. Her primary area of expertise is preparing and managing environmental documentation in compliance with NEPA and CEQA, including associated resource studies (biological/cultural resource surveys) and regulatory permitting (CWA, Coastal Zone Management Act, and ESA). Ms. Gomez utilizes analytical problem-solving and strong communication skills to understand client's needs, offer practical solutions to arising challenges, and successfully execute projects. In addition, her diverse professional and educational background enables her to take a holistic approach to projects and to prepare environmental documentation that fully considers environmental, social, and economic factors. CATRINA GOMEZ I SENIOR ENVIRONMENTAL PLANNER FIRM GPA ROLE ON CONTRACT Environmental TO Lead STAFF AVAILABILITY 55% YEARS WITH FIRM 1.5 YEARS OF EXPERIENCE 15 EDUCATION Master of Environmental Science and Management, University of California, Santa Barbara B.A., Biology and Psychology, University of California, Santa Barbara SELECTED PROJECT EXPERIENCE AVENUE 174 FRIANT-KERN CANAL BRIDGE REPLACEMENT I TULARE COUNTY. The County of Tulare, in coordination with Caltrans, proposes to replace the existing Avenue 174 Friant-Kern Canal Bridge, located north of the city of Porterville, approximately 0.8 mile west of State Route 65. Ms. Gomez is leading the environmental documentation efforts to achieve a NEPA Categorical Exclusion from Caltrans, CEQA Categorical Exemption from the County, and required regulatory permitting. Several technical studies will be required to support the NEPA Categorical Exclusion, including studies related to noise, visual resources, biological resources, water quality, hazardous materials, cultural resources, and Section 4(f). AVENUE428SAND CREEK BRIDGE I TULARE COUNTY. The County ofTulare, in coordination with Caltrans, proposes to replace the existing Avenue 428 Sand Creed Bridge, located north of the community of Cutler-0rosi, approximately 0.25 mile east of State Route 63. Ms. Gomez is leading the environmental documentation efforts to achieve a NEPA Categorical Exclusion from Caltrans, CEQA Categorical Exemption or Initial Study/Mitigated Negative Declaration from the County, and required regulatory permitting. Several technical studies will be required to support the NEPA Categorical Exclusion, including studies related to noise, biological resources, wetlands, floodplain, water quality, hazardous materials, and cultural resources. ASHBY ROAD/16TH STREET ROUNDABOUT PROJECT I MERCED COUNTY. The County of Merced is proposing improvements to the Ashby Road/16th Street intersection in the City of Merced. The proposed project would convert the Ashby Road/16th Streerintersection from the existing two-way stop-control intersection to an actuated traffic signal control intersection. Ms. Gomez is the Project Manager. GPA is preparing a Biological Resources Memorandum, Cultural Resources Memorandum, and CEQA Categorical Exemption. MERCED FALLS ROAD SHOULDER IMPROVEMENT I MERCED COUNTY. The County of Merced proposes to widen the shoulders of an approximately one-mile segment of Merced Falls Road, beginning approximately one mile east of La Grange Road and continuing east in Merced County. The segment of Merced Falls Road in the project area connects the communities of Snelling and Merced Falls, and provides access to Henderson Park, as well as recreational access points to the Merced River to the south of the road (e.g., Cuneo Fishing FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 10
l:::XHll::SII A CONSULTING Gp A EN\/IRONMEi'lTAL TO LEAD I CATRINA GOMEZ Access). Ms. Gomez is leading the environmental documentation efforts to achieve a NEPA Categorical and CEQA Initial Study/Mitigated Negative Declaration. ARROYA AVENUE BRIDGE OVER WEST DEL TA CANAL I MERCED COUNTY. The County of Merced, in coordination with Caltrans, proposes to replace the three-span, reinforced, concrete T-beam structure over West Delta Canal. GPA prepared the Preliminary Environmental Study form for the project, which required the completion of a Natural Environment Study (Minimal Impacts), Water Quality Assessment Memorandum, Phase I Initial Site Assessment, Historic Property Survey Report, and Archaeological Survey Report. GPA will obtain permits as necessary from the following resource agencies: USAGE, RWQCB, and CDFW. Ms. Gomez is managing the environmental documentation efforts to achieve a NEPA Categorical Exclusion from Caltrans and a CEQA Initial Study/Mitigated Negative Declaration from the County. ATWATER-JORDAN ROAD AT ATWATER CANAL BRIDGE I MERCED COUNTY. The County of Merced, in cooperation with Caltrans, proposes to rehabilitate the Atwater Jordan Road Bridge structure over the Atwater Canal near the community of Atwater. Ms. Gomez is managing all required NEPA and CEQA analysis and documentation and is coordinating with Caltrans District 10 Department of Local Assistance to obtain NEPA/CEQA approval. COTTONWOOD ROAD OVER OUTSIDE CANAL BRlDGE I MERCED COUNTY. The County of Merced, in cooperation with Caltrans, proposes to replace the Cottonwood Road Bridge structure over the Outside Canal, located near the community of Gustine. Ms. Gomez is managing all required NEPA and CEQA analysis and documentation and is coordinating with Caltrans District 10 Department of Local Assistance to obtain NEPA/CEQA approval. MERCED AVENUE AT LATERAL NO. 6 CANAL BRIDGE I MERCED COUNTY. The County of Merced, in coordination with Caltrans, proposes to rehabilitate and widen the Merced Avenue Bridge over the Lateral No. 6 Canal to provide two 12-foot lanes, a shoulder on each side of the roadway, a six-foot sidewalk on the western side of the roadway, and new concrete barrier rails. Ms. Gomez is managing all required NEPA and CEQA analysis and documentation aod is coordinating with Caltrans District 10 Department of Local Assistance to obtain NEPA/CEQA approval. TURNER ISLAND ROAD BRIDGE REPLACEMENT OVER WEST DEL TA CANAL I MERCED COUNTY. The County of Merced, in cooperation with Caltrans, proposes to replace the existing bridge structure with a new structure along the existing horizontal alignment, to minimize right-of-way impacts to adjacent property. Ms. Gomez is managing all required NEPA and CEQA analysis and documentation and is coordinating with Caltrans District 10 Department of Local Assistance to obtain NEPA/CEQA approval. MATHER FIELD ROAD REHABILITATION PROJECT I RANCHO CORDOVA. The City of Rancho Cordova is proposing to rehabilitate Mather Field Road from Folsom Boulevard to International Drive. The project includes restriping, reconstruction of median curbs, reconstructing curb ramps to be American Disabilities Act compliant, landscaping, signal improvements, and replacing failed sidewalks. Ms. Gomez is the Project Manager. She managed the preparation of the CEQA Categorical Exemption and Notice of Exemption. MARCH LANE/EAST BAY MUNICIPAL UTILITY DISTRICT BICYCLE AND PEDESTRIAN PATH CONNECTIVITY IMPROVEMENTS I STOCKTON. The City of Stockton, in coordination with Caltrans, proposed to improve the City's existing March Lane/EBMUD Bicycle and Pedestrian path along four miles of path. GPA provided environmental clearance services during design to the engineering team and the City of Stockton. Tasks included conducting a Phase I Site Assessment to identify any hazardous waste concerns within the project; and preparing the Notice of Exemption for the City's use in documenting the CEQA Categorical Exemption after project approval. Ms. Gomez was the project manager overseeing successful completion of these tasks. PELTIER ROAD BRIDGE REPLACEMENT AT MOKELUMNE RIVER l SAN JOAQUIN COUNTY. The County of San Joaquin, in coordination with Caltrans, proposes to replace the Peltier Road Bridge over the Mokelumne River and widen the causeway structures at the main span bridge approaches. Ms. Gomez is leading the environmental documentation and directing preparation of environmental documents and permits, including a Natural Environment Study, Wetland Delineation, Biological Assessment and Section 7 Consultation package, Visual Impacts Memorandum, Water Quality Assessment, Natural Resources Conservation Service Consultation and Form AD 1006, Initial Study/Mitigated Negative Declaration, Mitigation Monitoring and Reporting Plan, NEPA Categorical Exclusion, and environmental permit applications, including a 404, 401, 1602, and a State Lands Commission Lease Agreement. She is also responsible for supporting the environmental section of the State Lands Commission Public Access Feasibility Study, and for coordinating the Historic Property Survey Report/Archaeological Survey Report, Phase I Initial Site Assessment, and noise and vibration studies. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 11
t:.XHll::SII A CONSULTING G p A Ms. Scudiere conducts a variety of biological technical studies for environmental analysis. She completes field surveys, technical reports, regulatory permitting, quality-control reviews, and construction monitoring. Her expertise includes compliance pursuant to NEPA, CEQA, federal and state ESA, CWA, California Fish and Game Code, and other environmental laws. Ms. Scudiere is skilled in researching, developing and implementing complex habitat restoration plans, receiving plan approvals from permitting agencies, providing on the ground assistance during restoration construction, and delivering comprehensive field monitoring support and oversight for long term maintenance. Her experience also includes botanical surveys and identification. Ms. Scudiere facilitates the biological analysi~ process for projects from initiation through final design, permitting, construction, and post-construction monitoring. She has completed environmental analysis and construction support for federal, state, and local lead agencies throughout California, including the FHWA, Caltrans, Solano County Irrigation District, Capital Southeast Connector Joint Powers Authority, and Sacramento Area Council of Governments. ANGELA SCUDIERE I SENIOR BIOLOGIST FIRM GPA ROLE ON CONTRACT Biology TO Lead STAFF AVAILABILITY 45% YEARS WITH FIRM 2 YEARS OF EXPERIENCE 10 EDUCATION B.S., Biological Sciences-Plant Biology emphasis, University of California, Davis PERMITS CDFW Plant Voucher Collection Permit 208l(a)-17-005-V SELECTED PROJECT EXPERIENCE 7TH STREET OVER TUOLUMNE RIVER BRIDGE REPLACEMENT PROJECT I STANlSLAUS COUNTY. The County of Stanislaus is proposing to replace the 7th Street Bridge, built in 1916, at the Tuolumne River. The project will replace the existing historic bridge. Ms. Scudiere, as the biological project manager, is providing biological technical assistance to the design team. Ms. Scudiere oversaw the preparation of the Section 1602 Streambed Alteration Agreement for geotechnical investigations and is conducting supportive agency coordination. Ms. Scudiere will also be supporting and overseeing the CWA Section 401 Water Quality Certification, Section 1602 Streambed Alteration Agreement, CWA Section 404 Nationwide Permit, and California Endangered Species Act (CESA) consultation for the overall project. AVENUE 416 KINGS RIVER BRIDGE REPLACEMENT I TULARE COUNTY. This independent phase of the Mountain View Avenue/Avenue 416/EI Monte Way Widening project, from Bethel Avenue in Fresno County to Road 92 in Tulare County, replaced the bridge over the Kings River. Ms. Scudiere revised and received agency approval for the two-acre Riparian Revegetation and Restoration Plan, performed protocol elderberry shrub surveys, and conducted tree removal surveys for 410 riparian trees. She provided technical support to ensure the project's bidding documents retained all requisite biological commitments and prepared the environmental plans and specifications to implement the Riparian Revegetation and Restoration Plan. During construction, she provided on-site biological monitoring, coordinated cliff swallow and bat eviction, performed nesting bird surveys, and pre-construction worker trainings. After construction, Ms. Scudiere provided on-site technical support and annual regulatory compliance reporting. AVENUE 376 OVER TRAVER CANAL BRIDGE REPLACEMENT PROJECT I TULARE COUNTY. The County of Tulare propose to replace the existing Avenue 376 Travel Canal Bridge, located northeast of the community of Traver. Ms. Scudiere, as the biological project manager, coordinated and performed biological surveys and a jurisdictional delineation. She will oversee and support the drafting of the Natural Environment Study, Aquatic Recourses Delineation Report, and completion of endangered species consultation for San Joaquin kit fox. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING I 12
l::.XHl~I I A CONSULTING Gp A BIOLOGY TO LEAD I Ai'IGELA SCUDIERE AVENUE 428 OVER SAND CREEK BRIDGE REPLACEMENT PROJECT I TULARE COUNTY. The County of Tulare proposes to either rehabilitate or replace the existing Avenue 428 Sand Creek Bridge, located north of the community of Cutler/0rosi. Ms. Scudiere, as the biological project manager, coordinated and performed biological surveys and a jurisdictional delineation. She will oversee and support the drafting of the Natural Environment Study, Aquatic Recourses Delineation Report, and completion of endangered species consultation for San Joaquin kit fox. ROAD D129 OVER SAND CREEK BRIDGE I TULARE COUNTY. The County of Tulare, in coordination with Caltrans, proposed to replace the existing one-lane bridge crossing on Road Dl29 over Sand Creek with a two-lane bridge structure to provide improved safety and operations on the facility. Ms. Scudiere, as the Lead Biologist, performed flora and fauna specific record and literature searches for potential sensitive species and conducted the biological reconnaissance, Jurisdictional Delineation, and focused botanical surveys. She assisted with drafting the Natural Environment Study (Minimal Impacts), provided document Quality Assurance/Quality Control, was the primary author of the CEQA environmental document, provided extensive Caltrans coordination to receive NEPNCEQA approval, and prepared the applications and provided agency coordination for the CWA Section 404 Nationwide Permit, CWA Section 401 Water Quality Certification, Section 402 Notice of Intent to Comply with the National Pollution Discharge Elimination System, and Section 1602 Streambed Alteration Agreement. Ms. Scudiere provided expedited ESA coordination with the California Department of Fish and Wildlife (CDFW) for state-threatened California tiger salamander and avoided the need for an Incidental Take Permit. Further, Ms. Scudiere drafted and provided both final environmental review and engineer assistance for project Plans, Specifications, and Estimates to ensure the project met its environmental commitments. BALCH PARK BRIDGE OVER RANCHERIA CREEK I TULARE COUNTY. The County of Tulare, in coordination with Caltrans Local Assistance, proposed to replace the one-lane bridge crossing on Balch Park Road over Rancheria Creek with a new two-lane bridge structure. Ms. Scudiere performed flora and fauna specific record and literature searches for potential sensitive species and conducted the biological reconnaissance, Jurisdictional Delineation, tree surveys, state-listed willow flycatcher habitat surveys, and focused botanical surveys, resulting in the positive identification of the federally and state-listed Springville clarkia and California Native Plant Society-sensitive Munz's iris. She aided in modifying the project design that ultimately avoided all impacts to Springville clarkia, resulting in a Caltrans No Effect Determination, aided in developing the Munz's Iris Relocation Plan, and drafted the on-site revegetation plan. She was the primary author of the Natural Environment Study, Noise Technical Memorandum, Visual Technical Memorandum, and CEQA environmental review document (Initial Study/Mitigated Negative Declaration), and provided extensive Caltrans coordination to receive NEPA/CEQA approval. She prepared the applications and provided extensive agency coordination for the CWA Nationwide 14 Permit, CWA Section 401 Water Quality Certification, and CDFW Section 1602 Streambed Alteration Agreement. Further, Ms. Scudiere drafted and provided final environmental review and engineer assistance for project Plans, Specifications, and Estimates to ensure the project meets all environmental commitments. ATWATER JORDAN ROAD AT ATWATER CANAL BRIDGE I MERCED COUNTY. The County of Merced, in cooperation with Caltrans, proposed to rehabilitate the Atwater Jordan Road Bridge structure over the Atwater Canal near the City of Atwater. Ms. Scudiere provided Quality Assurance/Quality Control technical reviews of the Jurisdictional Delineation and Natural Environment Study (Minimal Impacts) to support the findings of the technical studies and the environmental document for NEPA and CEQA compliance, and the acquisition of the regulatory permits. CAMPUS PARKWAY I MERCED COUNTY. The County of Merced, in cooperation with Caltrans and FHWA, proposed a new expressway on the east side of the city of Merced. Ms. Scudiere drafted the approved Jurisdictional Delineation form verifying. the U.S. Army Corps of Engineers' (USACE's) jurisdiction within the project's Phase II segment. Ms. Scudiere provided Quality Assurance/Quality Control technical reviews and technical support for the Phase Ill supplemental Natural Environment Study, Jurisdictional Delineation, and permitting. ASHBY ROAD/16TH STREET ROUNDABOUT I MERCED. The City of Merced proposed to signalize the Ashby Road/16th Street intersection. Ms. Scudiere is the biological project manager, and coordinated and oversaw the flora and fauna specific record and literature searches for potential sensitive species, conducted biological surveys and prepared the biological technical memorandum to support the CEQA analysis. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPAC:ONSULTING I 13
FIRM GPA ROLE ON CONTRACT Historic Resources TO Lead STAFF AVAILABILITY 60% YEARS WITH FIRM 16.5 YEARS OF EXPERIENCE 25 EDUCATION M.S., Historic Preservation, University of Pennsylvania Certificate, Preservation Planning, Istanbul Technical University, Turkey B.S., Environmental Design, University of California, Davis QUALIFICATIONS Meets the Secretary of the Interior's Professional Qualifications Standards for architectural history pursuant to the Code of Federal Regulations, 36 CFR Part 61, Append ix A. l::.XHll::::SI I A CONSULTING Gp A Ms. Galvin is the President and Principal Architectural Historian of GPA. She has been professionally involved in the research an9 documentation of historic districts, sites, buildings, and structures si nee 1995. Her experience includes working for the California DPR conducting architectural surveys of historic buildings and structures, Caltrans working on CEQA and Section 106 compliance, and the California Office of Historic Preservation reviewing projects for Section 106 and Secretary of the Interior's Standards compliance. As such, Ms. Galvin has a deep understanding of the environmental review process as it relates to historic resources and a close working relationship with decision-makers. Many of Ms. Galvin's projects have involved coordinating with a number of local, state, and federal agencies as well as conducting public outreach with stakeholder groups. She has conducted training on a wide variety of topics at conferences and workshops throughout California, and is an active member of several state and national preservation organizations. SELECTED PROJECT EXPERIENCE NORTH PARK HISTORIC RESOURCE SURVEY t FRESNO. Ms. Galvin managed the project and peer reviewed all work products. 7TH STREET OVER TUOLUMNE RIVER BRIDGE REPLACEMENT PROJECT I STANISLAUS COUNTY. The County of Stanislaus proposes to replace the historic 7th Street Bridge, built in 1916, at the Tuolumne River. Ms. Galvin is the Principal-in-Charge for historic resources. She is overseeing the preparation of the Historic American Engineering Record documentation to mitigate the loss of the historic bridges and resolve adverse effects on the bridge in accordance with Section 106 of the NHPA. MINERAL KING ROAD BRIDGE J TULARE COUNTY. The County of Tulare proposed to either rehabilitate or replace the existing Mineral King Bridge on Mineral King Road over the east fork of the Kaweah River. Ms. Galvin prepared the Historic Property Survey Report, Finding of Effect, and Memorandum of Agreement. SOUTH COUNTY DETENTION FACILITY I TULARE COUNTY. The County of Tulare constructed a new detention center in their South County area within a rural setting. GPA prepared the historic architectural analysis of a few farm properties that were located near the proposed project site in compliance with CEQA. GPA also coordinated with County staff and the project archaeologists to complete the studies. Ms. Galvin served as the Project Manager. SEQUOIA FIELD I TULARE COUNTY. The County of Tulare proposes to remove historic barracks at the former World War II Airfield Training Base. GPA documented the entire facility using large-format black and white archival photography and produced a short documentary film to interpret the history of the site. Ms. Galvin is the Project Manager. KERN RIVER STABLE I KEHN COUNTY. Southern California Edison demolished a barn constructed circa 1902. Ms. Galvin managed the preparation the Historic American Buildings Survey report for the historic stable. The project included measured drawings. 5TH STREET BRIDGE I SUTTER AND YUBA COUNTIES. The City of Yuba City, in coordination with Caltrans and the City of Marysville, replaced the 5th Street Bridge over the Feather River in Sutter and Yuba Counties to improve safety and traffic operations. Ms. Galvin was Project FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 14
l::XHll::311 A CONSULTING G p A HISTORIC TO LEAD I ANDREA GALVIN Manager for the preparation of a Historic Properties Survey Report and Historical Resources Evaluation Report. She conducted general project management, Quality Assurance/Quality Control, and wrote the final reports. BRIDGE STREET RECONSTRUCTION I YUBA CITY. Yuba City, in coordination with Caltrans District 3 and the FHWA, proposed improvements along Bridge Street as part of ongoing efforts to revitalize Yuba City's downtown area. Ms. Galvin managed the preparation of a Historic Property Survey Report and Historic Resource Evaluation Report. PLUMAS STREET IMPROVEMENTS I YUBA CITY. Yuba City improved Plumas Street from just north of Colusa Avenue (State Route 20) to just south of B Street in downtown Yuba City. Ms. Galvin managed the project, evaluated the potential historic resources based on national, state, and local criteria, and authored the Historical Resource Report including impacts analysis. The project involved the study of more than 50 buildings and structures, and included the assessment of a potential historic district. HISTORIC RESOURCE SURVEY I SUTTER COUNTY. Ms. Galvin managed the project and peer reviewed all work products. PORT OF STOCKTON, NAVY DRIVE BRIDGE REPLACEMENT I STOCKTON. The Port of Stockton proposed to realign Navy Drive arid construct a new bridge crossing the San Joaquin River. Ms. Galvin prepared the Historic Resource Evaluation Report, Finding of Effect report, and Memorandum of Agreement. OLD RIVER BRIDGE PARTIAL REPLACEMENT I SAN JOAQUIN COUNTY. Ms. Galvin prepared Historic American Engineering Record documentation and conducted Section 106 compliance. MOKELUMNE RIVER BRIDGE REHABILITATION I SAN JOAQUIN AND SACRAMENTO COUNTIES. Ms. Galvin managed preparation of a cultural resources compliance report. l STREET BRIDGE I WEST SACRAMENTO. The City of West Sacramento replaced failing bridge rails on the I Street Bridge with new rails. Ms. Galvin managed the project and peer-reviewed all work products, including the Historic Property Survey Report, Finding of Effect report, and Conditional Finding of No Adverse Effect Report. PAINTERSVILLE BRIDGE I SACRAMENTO COUNTY. Ms. Galvin prepared the Historic American Engineering Record report. Specific tasks included conducting the fieldwork and research, coordinating with the photographer, and preparing the final documentation for submittal to the National Parks Service. STEAMBOAT SLOUGH BRIDGE I SACRAMENTO COUNTY. Ms. Galvin prepared the Historic American Engineering Record report. Specific tasks included conducting the fieldwork and research, coordinating with the photographer, and preparing the final documentation for submittal to the National Parks Service. ISLETON BRIDGE I SACRAMENTO COUNTY. Ms. Galvin prepared the Historic American Engineering Record report. Specific tasks included conducting the fieldwork and research, coordinating with the photographer, and preparing the final documentation for submittal to the National Parks Service. LA LOMA BRIDGE REHABILITATION I PASADENA. The City of Pasadena proposed the improvement of the La Loma Bridge to meet current seismic codes and standards through local and federal funds; therefore, the project was subject to compliance with Section 106 of the NHPA. Ms. Galvin prepared the supplemental Finding of Effect report and Memorandum of Agreement. Specific tasks included coordinating with stakeholder groups and agencies. FRESNO COUNTY J ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPA CONSULTING I 15
l:::.XHll::::SII A CONSULTING G PA LIST OF CURRENT STAFF The following is a list of personnel who will work on the Fresno County Environmental On-Call. STAFF MEMBER JOB CLASSIFICATION ROLE ON CONTRACT Richard Galvin GPA Principal Environmental Planner Principal-in-Charge Erinn Silva GPA Senior Associate Environmental Planner Project Manager Catrina Gomez GPA Senior Environmental Planner Environmental TO Lead Danielle Thayer GPA Associate Environmental Planner Preliminary Environmental Study forms and NEPA/ CEQA Nicole Greenfield GPA Associate Environmental Planner Preliminary Environmental Study forms and NEPA/ CEQA Allie Acuna GPA Associate Environmental Planner Preliminary Environmental Study forms and NEPA/ CEQA Alen Estrada-Rodas GPA Associate Environmental Planner Preliminary Environmental Study forms and NEPA/ CEQA Marieka Schrader GPA Senior Associate Biologist Biology QA/QC, Bat Surveys and Exclusions Angela Scudiere GPA Senior Biologist Biology TO Lead, and Biological Assessments/ Endangered Species Consultation and Construction Monitoring Sheri Mayta GPA Senior Biologist Jurisdictional/Wetland Delineations and Revegetation/ Restoration Planning Katherine Warner GPA Associate Biologist Plant/Wildlife Surveys and GIS mapping Anastasia Shippey GPA Associate Biologist/Environmental Planner Natural Environment Studies, Regulatory Permitting, and Water Quality reports Andrea Galvin GPA Principal Architectural Historian Historic TO Lead, and Historic Property Survey Report, Historic Resource Evaluation Report, and Finding of Effect --Laura O'Neill GPA Senior Architectural Historian Historic Property Survey Report, Historic Resource Evaluation Report, and Finding of Effect Jenna Kachour GPA Senior Preservation Planner Historic Property Survey Report, Historic Resource Evaluation Report, and Finding of Effect Allison Lyons GPA Senior Architectural Historian Historic Property Survey Report, Historic Resource Evaluation Report, and Finding of Effect Amanda Duane GPA Associate Architectural Historian Historic Property Survey Report, Historic Resource Evaluation Report, and Finding of Effect Elysha Paluszek GPA Associate Architectural Historian Historic Property Survey Report, Historic Resource Evaluation Report, and Finding of Effect Audrey von Ahrens GPA Architectural Historian II Historic Property Survey Report, Historic Resource Evaluation Report, and Finding of Effect Martin Rose, AICP GPA Senior GIS Analyst GIS suppnrt and mapping Kurt Legleiter AMBIENT Principal Air Quality and Noise Specialist Air quality, noise, and vibration studies Mary Clark Baloian AE Principal Investigator Principal, Archaeological Survey Report, Area of Potential Effects Map, Historic Property Survey Report, and Native American Outreach Diana Dyste AE Senior Archaeologist Archaeological Survey Report, Area of Potential Effects Map, Historic Property Survey Report, and Native American Outreach M. Colleen Hamilton AE Principal Architectural Historian Historical Archaeologist/Historian Carlos van Onna AE Senior Architectural Historian Historian Sam Gordenstein AE Senior Historical Archaeologist Archaeological Survey Report FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 26
t:.XHll:H I A CONSULTING Gp A STAFF MEMBER !FIRM I JOB CLASSIFICATION ROLE ON CONTRACT Amy Ollendorf AE Principal Paleontologist Management of paleontological inventory "and evaluation studies, and geoarchaeology Melissa Macias AE Senior Paleontologist Paleontology inventory and resource impact assessments, and technical reporting Chris Shi Associate Paleontologist Literature reviews, records search, field survey, and preparation of paleontological inventory reports and mitigation plans Michelle Weinhold AE GIS Specialist Spatial modeling Flavia Silva AE GIS Specialist GIS support Randy Ottenhoff AE Staff Archaeologist Archaeological Survey Report Jessica Jones AE Staff Archaeologist Archaeological Survey Report Ward Stanley AE Staff Archaeologist Archaeological Survey Report Christina Navarro AE Laboratory Supervisor Lead Field Technician Todd Remington Avila Senior Engineer Hydrology Engineer Holly Callahan Avila Assistant Civil Engineer Hydrology Engineer Stephen J. Carter, PG CAlnc Senior Geologist Hazardous Waste Chad Kennedy O'Dell Principal Landscape Architect/Arborist Arborist Evaluations FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 27
t:.XHll:::3111:::3 CONSULTING ~ SUBCONSULTANTS ~MBIENT'I A:IR 1OUAIJTY, ,NOISE, AND.VIBRATION STUDIES AMBIENT was founded in 2004 by Kurt Legleiter. AMBIENT provides a broad range of services related to the ~~~!,E=":1..I., assessment of air quality, greenhouse gas, energy use, noise, and groundborne vibration impacts. AMBIENT maintains a working knowledge of federal, state, and local regulatory requirements, including those required by the Federal Transit Administration (FTA), Federal Railroad Administration (FRA), FHWA, and Caltrans. AMBIENT provides a broad range of services, with particular emphasis on providing analytical support and documentation for 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 determinations. SELECTED PROJECT EXPERIENCE • San Joaquin Bridge on Italian Bar Road Bridge Replacement Project, Fresno County • South Peach Avenue Widening Between E. Jensen and E. Butler Avenues Project, Fresno • Avenue 424 over Traver Canal Bridge Replacement Project, Tulare County • Rawhide Road Bridge Replacement Project, Tuolumne County • Arroya Avenue over West Delta Canal Bridge Replacement Project, Merced County • Kibby Road Bridge on Bear Creek Replacement Project, Merced County • Moraga Road Bridge Over Outside Canal Replacement Project, Merced County KEY STAFF MEMBER: KURT LEGLEITER Mr. Legleiter has more than 25 years of experience related to the assessment of air quality, greenhouse gas, environmental noise, and groundborne vibration impacts. His expertise related to air quality and greenhouse gas include the preparation of impact assessments in support of CEQA and NEPA impact assessments, air quality conformity assessments, the preparation of mitigation management plans, dispersion modeling assessments, and health risk assessments. His expertise related to noise and groundborne vibration include the preparation of impact assessments in support of CEQA and NEPA impact assessments, noise and groundborne vibration monitoring, noise prediction and contour mapping, and groundborne vibration prediction. Mr. Legleiter's resume is included in the following pages. --.. •Applied AE 11 ARCHAEOLOGY AND PALEONTOLOGY EARTHWORKS Inc. AE is a California corporation and certified small business (DGS certification number, 16062) providing a full range of cultural and paleontological resource management services throughout the western United States. Clients include city, county, state, and federal government agencies as well as property owners, residential and commercial developers, environmental consultants, engineering firms, and energy companies. AE employs more than 60 regular, full-time staff; our offices and technical facilities in Fresno, San Luis Obispo, Lompoc, Hemet, and Pasadena allow cost-effective work throughout California. AE is widely recognized for its expertise in permitting and compliance management at the federal, state, and local levels. SELECTED PROJECT EXPERJENCE • Nees Avenue Improvements Project, Fresno County • Owens Mountain Parkway Improvements Project, Fresno County • Watts Creek on Watts Valley Road Bridge Replacement, Fresno County • Alta Avenue and Nebraska Avenue Roundabout Project, Tulare County • Road Dl 12 over the North Branch Bridge Replacement, Tulare County • Road Dl 12 over Bates Slough Bridge Replacement, Tulare County FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSUlTING I 16
l:::.XHll:SI I l:S CONSULTING Gp A KEY STAFF MEMBERS: DR. MARY CLARK BALOIAN AND DIANE DVSTE Dr. Baloian has more than 30 years experience in archaeology, history, preservation, and other aspects of cultural resource management. Her areas of expertise include the prehistory of the San Joaquin Valley, Sierra Nevada, and central California coast. Her analytic skills include lithic and ceramic analyses as well as settlement pattern studies and spatial analysis, which were the topic of her doctoral research. As a Principal Archaeologist for Applied EarthWorks, Dr. Baloian directs professional staff and subcontractors and provides quality assurance for all project work. She administers large, complex, multi-year, multiphase contracts as well as manages smaller cultural resource investigations. Ms. Dyste has 18 years of experience in cultural resources management and meets the Secretary of the Interior's qualification criteria as an archaeologist and ethnographer. She has extensive experience preparing environmental documents and managing complex projects pursuant to applicable federal, state, and local regulations. Her work includes senior review or prime authorship of cultural resources documents for Section 106, NEPA, and CEQA compliance, including public and tribal comment and response; development of research designs; design and implementation of cultural resources plans. Ms. Dyste is qualified to conduct archaeological survey, including the supervision of small to large sized field crews, as well as zooarchaeological, paleoethnobotanical, lithics, and ethnographic analyses. She is able to analyze cultural spatial patterns via use of Total Station and GIS software. Ms. Dyste's Assembly Bill 52 and Section 106 tribal consultation services are informed by her knowledge and training in Native American jurisprudence, cultural sensitivity training, and graduate seminars in Native American environmental law, indigenous research methodologies, and community-based Participatory Action Research with tribal and special interest groups. ~ 4111111 AVILA.I HYDROLOGY AND HYDRAULIC ANALYSIS aiv1LA Avila, established in 2000, provides consulting engineering services to public agencies at the federal, state and local &ASSOCIATES level. The firm focuses on water resources engineering and has extensive experience in hydrology, hydraulic analysis and design, and hydraulic countermeasure design. Avila provides quality hydrology and hydraulic analysis and design services, including estimating discharge design, water surface elevation, velocity and bridge scour. The firm's engineers have provided hydrology and hydraulic analysis for more than 200 bridge projects for local agencies throughout California, many of which have been funded through the federal Highway Bridge Program (HBP). SELECTED PROJECT EXPERIENCE • Sand Creek at Ennis, Fresno County • Dry Creek at Burrough Valley Road, Fresno County • Four Bridge Replacements over Dry Creek On Millerton Road, Fresno County • East Lincoln Avenue Bridge over Wahtoke Creek Bridge Replacement, Fresno County • Kings River, Byrd Slough, and Outside Canal Bridge Replacement Projects, Fresno County KEY STAFF MEMBER: CATHERINE AVILA Ms. Avila has more than 30 years of public and private sector experience in many areas, including hydrologic and hydraulic modeling {HEC-RAS, HEC-HMS), environmental assessments, and structure hydraulics. Prior to starting Avila in 2000, she was a Branch Chief for Structure Hydraulics for Caltrans, where she was in responsible charge of several key programs including the State of California's Structure Hydraulics Local Assistance Training Program, infrastructure database management, and development and implementation of the state bridge scour mitigation program. Crawford & Associates, Inc Gcotcc.hniul Engincc-ring, Ouign ~nd Construction Services Sar•a~e·10 I Mo:!~·-M ! r,•.•'"r:o, : ~0<<1111 I li•:.• CAINC I HAZARDOUS WASTE ~ . CAlnc was founded out of the desire to provide creative solutions and responsive service to clients and to provide growth opportunities for employees. In 2016, CAlnc purchased Taber Consultants, one of the nation's oldest geotechnical engineering companies. The principals of both firms bring significant experience in geotechnical engineering, design and construction services on many project types, including water and wastewater facilities, dams, pipelines, tanks and pump stations, levees, landslide control/storm damage, intersection improvements, pavement rehabilitation, streetscapes, roadway widenings, interchanges, and bridges. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 17
t:.XHll:il I 1:i CONSULTING Gp A CAlnc has experience working with various oversight agencies including counties, cities, Caltrans, building departments, Regional Water Quality Control Board (RWQCB), USAGE, CDFW, and irrigation districts and utilities. SELECTED PROJECT EXPERIENCE • Earlimart Neighborhood Park Geologic Hazards Report, Tulare County • Road D39 over Traver Canal Bridge, Tulare County • Bear Creek Road over Rancheria Creek Bridge, Tulare County • Road Dl29 over Sand Creek Bridge, Tulare County • City of Sacramento Intersection Projects, Sacramento County • Stephens Street Road Diet, Merced County • March Lane/EBMUD Bicycle & Pedestrian Patch Connectivity Improvements, San Joaquin County • Closing Pedestrian Access Gaps, San Joaquin County • 6th Street Bridge over Tuolumne River Bridge Replacement, Stanislaus County KEY STAFF MEMBER: STEPHEN CARTER Mr. Carter is currently responsible for CAlnc's environmental services. This consists chiefly of supervising and conducting Phase 1 Initial Site Investigations performed for transportation-related projects throughout Northern California and the Central Valley. Mr. Carter supervises a team providing facilities inspections (including coordinating inspections by certified asbestos and lead inspectors), evaluation of regulatory database records, and screening for the presence of aerially deposited lead in soil and lead-based paint on transportation structures. Mr. Carter supervises environmental investigations for transportation-related projects potentially impacted by contaminant releases at facilities adjacent to project sites. • ... •-ELL O'DELL1I A'RBORIST EVALUATIONS EN G 1 NEER 1 N G O'Dell was founded in 1994 by Randall O'Dell and offers civil engineering, land surveying, landscape architecture, and land use entitlement and land planning divisions. The firm currently employs more than 70 professionals and has regional offices in Fresno, Modesto, Merced, and Pleasanton. Staffing includes 11 civil engineers, seven land surveyors, five landscape architects, and five field survey crews. The firm also has six LEED professionals on staff, as well as five certified Qualified Stormwater Pollution Prevention Plans Practitioners/Qualified Stormwater Pollution Prevention Plans Developers (QSP/QSD). The firm Arborist Chad Kennedy has provided services including tree protection plans, tree inspections, tree replacements, health assessments, risk assessments, management recommendations, and Arborist Reports for more than 18 years. O'Dell is a California Certified Small Business. SELECTED PROJECT EXPERIENCE • Valley Children's Hospital, Madera • Columbia College, Sonora • Mission College, Santa Clara • White Rock Park, Ranch Cordova • Van Deale Park, Brentwood • Eastgate Park, Ceres KEY STAFF MEMBER: CHAD KENNEDY Mr. Kennedy has been an International Society of Arboriculture (ISA) certified arborist for more than 18 years. He is also a licensed landscape architect, with a bachelor's degree in Horticulture and a master's degree in Landscape Architecture. In addition to several years of tree maintenance and climbing experience and private practice, Mr. Kennedy has consulted for a variety of public agencies throughout the state of California. His training and firsthand experience in the horticulture and arboriculture fields provides him with a unique perspective and understanding of plants used in harsh urban settings. He has an intimate understanding of the maintenance levels for a variety of plant types, including the advantages and disadvantages of including them in public spaces. Resumes for our subconsultants's key personnel are on the following pages. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 18
t:.XHll::::SI I l::::S CONSULTING Gp A TEAMING PROJECTS The table below show examples of GPA's teaming efforts with our subconsultants. A--MBIENili Avenue 376 Traver Bridge, Tulare County Avenue 174 Friant-Kern Canal Bridge Replacement, Tulare County Quinley Avenue Bridge Replacement, Merced County Avenue 364 Bridge, Mineral King Road Tulare County Bridge, Tulare County Avenue 376 Traver Bridge, Tulare County Mineral l<ing Road Bridge, Tulare County Avenue 428 Sand Creek Bridge, Tulare County Road Dll2 Bridge over North Branch Tule River, Tulare County M Street Bridge and G Street Bridge, Merced Kibby Road Bridge Replacement, Merced County Campus Parl(way, Merced Three Napa County bridges: Greenwood Avenue, Chiles-Pope, and Dry Creek CAINC 7th Street Bridge over Tuolumne River Bridge Replacement, Stanislaus County Five Merced County bridges: Arroya Avenue, Atwater-Jordan Road, Quinley Avenue, Turner Island Road, and Cottonwood Road Merced Falls Road Shoulders Improvement, Merced County Turner Island Bridge Replacement, Merced County Road Dl 12 Bridge over Bates Slough, Tulare County Leimert Bridge Seismic Stephens Street Road Interstate 605Nalley Boulevard Interchange, Los Angeles County Retrofit, Oakland Diet, Merced County FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES March Lane/EBMUD Bicycle and Pedestrian Patch Connectivity Improvements, San Joaquin County City of Sacramento HSIP On-Call O'DELL GPA has worked with O'Dell on transportation projects in Tulare County. GPA CONSULTING I 19
l::XHl~I I C CONSULTING Gfrf DBE PARTICIPATION GPA is a certified disadvantaged business enterprise (DBE) firm. We can meet the current 4% DBE goal set by the County for this contract utilizing our own workforce. Should the goal increase for individual task orders, we are certain we will be able to meet those goals as well with our workforce. Exhibit 10-02 is on the following page. FRESNO COUNTY I ON-CALL FOR ENVIRONMENTAL CONSULTING SERVICES GPACONSULTING I 58
Local Assistance Procedures Manual l:::.XHl~II G ATTACHMENT B Exhibit 10-02 Consultant Contract 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: GPA Consulting 6. Prime Certified DBE: lilf 7. Total Contract Award Amount: TBD ------8. Total Dollar Amount for ALL Subconsultants: _T_B_D _________ 9. Total Number of ALL Subconsultants: _5 ______ _ 10. Description of Work, Service, or Materials 11. DBE 13. DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount Environmental Consulting Services · GPA Consulting: Richard Galvin; 201 Nevada 36278 St., Ste. B, El Segundo, CA 90245; TBD 310-792-2690; richard@apaconsulting-us.com Local Agency to Complete this Section $TBD 20. Local Agency Contract f\l11mht:tir· 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal-Aid Project Number: 40% 22. Contract Execution 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. ~ 5-15-2020 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Richard Galvin 310-792-2690 25. Local Agency Representative's Name 26.Phone 17. Preparer's Name 18.Phone Vice 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 offederal 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 of2 July 23, 2015
Local Assistance Procedures Manual EXHIBIT D
EXHIBIT 10-H2 COST PROPOSAL Page I of3
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note : Mark-ups are Not Allowed
Consultant GPA Consulting
Project No. County of Fresno -On-Call Contract No.
0 Prime Consultant D Subconsultant
Participation Amount $ TBD ------
D 2nd Tier Subconsultant
Date
Exhibit 10-H2
Cost Proposal
6/5/2020
Fringe Benefit % General & Admninistrative % Combined Indirect Cost Rate (ICR) %
For Combined Rate
For Home Office Rate
For Field Office Rate
43.76%
0.00%
0.00%
+
+
+
BILLING INFORMATION
Name/Job Title/Classification 1
Hourly Billing Rates2
Straight3 OT(l.5x)
$ 264.01 NIA
$ 277.21 NIA Richard Galvin * $ 291.07 NIA
Principal Environmental Planner $ 305.62 NIA
$ 320.90 NIA
$ 153.84 NIA
Erinn Silva* $ 161.54 NIA
Senior Associate Environmental $ 169.61 NIA
Planner $ 178.09 NIA
$ 187.00 NIA
$ 134.62 NIA
$ 141.35 NIA Catrina Gomez * $ 148.41 NIA
Senior Environmental Planner $ 155 .84 NIA
$ 163.63 NIA
$ 269.23 NIA
$ 282.69 NIA Andrea Galvin * $ 296.83 NIA
Principal Architectural Historian $ 311.67 NIA
$ 327.25 NIA
$ 109.63 NIA
$ 115.11 NIA Angela Scudiere * $ 120.87 NIA Senior Biologist $ 126.91 NIA
$ 133.26 NIA
LPP 15-01
OT(2x)
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
OR
98.67%
0.00%
0.00%
Fee
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or Avg. % or$
From To Hourly Rate 4 Increase
511/2020 413012021 $ 99.00
511/2021 413012022 $ 103.95 5.00%
5/112022 413012023 $ 109.15 5.00%
5/112023 413012024 $ 114.60 5 .00%
511/2024 413012025 $ 120.34 5.00%
51112020 413012021 $ 57.69
5/112021 413012022 $ 60.57 5 .00%
5/112022 413012023 $ 63.60 5.00%
5/112023 413012024 $ 66.78 5.00%
51112024 413012025 $ 70.12 5.00%
5/112020 413012021 $ 50.48
51112021 413012022 $ 53.00 5 .00%
51112022 413012023 $ 55 .65 5.00%
511/2023 413012024 $ 58.44 5 .00%
51112024 413012025 $ 61.36 5.00%
51112020 413012021 $ 100.96
511/2021 413012022 $ 106.01 5.00%
511/2022 4130/2023 $ 111.31 5.00%
511/2023 413012024 $ 116.87 5 .00%
5/1/2024 4/30/2025 $ 122.72 5.00%
51112020 413012021 $ 41.11
5/112021 413012022 $ 43.17 5.00%
511/2022 413012023 $ 45.32 5.00%
511/2023 413012024 $ 47.59 5.00%
511/2024 4130/2025 $ 49.97 5.00%
142.43%
0.00%
0.00%
10%
Hourly Range -
for Classifications Only
Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
.
January 2020
Local Assistance Procedures Manual
Principal
(Env. Planner/Biologist/ Architectural
Historian)
Senior Associate
(Env. Planner/Biologist/ Architectural
Historian)
Senior
(Env. Planner/Biologist/ Architectural
Historian/GIS)
Associate
(Env . Planner/Biologist/ Architectural
Historian/GIS)
Environmental Planner
Architectural Historian
Biologist
(Add pages as necessary)
NOTES:
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
240.45 $ 360 .67 $
252.47 $ 378 .70 $
265.09 $ 397.64 $
278 .35 $ 417.52 $
292 .26 $ 438.39 $
179.48 $ 269.23 $
188.46 $ 282.69 $
197 .88 $ 296.82 $
207.78 $ 311.66 $
218.16 $ 327.25 $
132 .70 $ 199 .04 $
139.33 $ 209.00 $
146 .30 .$ 219.45 $
153 .61 $ 230.42 $
161.29 $ 241.94 $
97.58 $ 146.36 $
I 02.45 $ 153.68 $
107.58 $ 161.37 $
112.96 $ 169.43 $
118.60 $ 177.91 $
70.64 $ 105.96 $
74.17 $ 111.26 $
77.88 $ 116 .82 $
81.78 $ 122.66 $
85.87 $ 128.80 $
69.80 $ 104.70 $
73.29 $ 109.94 $
76 .96 $ 115.43 $
80.80 $ 121.21 $
84.84 $ 127.27 $
70.64 $ 105.96 $
74.17 $ 111.26 $
77.88 $ 116.82 $
81.78 $ 122.66 $
85 .87 $ 128.80 $
EXHIBIT D Exhibit 10-H2
480.89 5/1/2020 4/30/2021 $ 90.17 $ 79.33 -$ 101.00
504.94 5/1/2021 4/30/2022 $ 94 .67 5.00% $ 83.30 -$ 106.05
530.18 5/1/2022 4/30/2023 $ 99.41 5.00% $ 87.46 -$ 111.35
556.69 5/1/2023 4/30/2024 $ 104 .38 5 .00% $ 91.83 -$ 116.92
584.53 5/1/2024 4/30/2025 $ 109.60 5.00% $ 96.43 -$ 122.77
358.97 5/1/2020 4/30/2021 $ 67.31 $ 57.69 -$ 76 .92
376.92 5/1/2021 4/30/2022 $ 70.67 5.00% $ 60.57 -$ 80 .77
395.76 5/1/2022 4/30/2023 $ 74.20 5.00% $ 63 .60 -$ 84.80
415.55 5/1/2023 4/30/2024 $ 77.91 5.00% $ 66.78 -$ 89.04
436.33 5/1/2024 4/30/2025 $ 81.81 5.00% $ 70.12 -$ 93.50
265.39 5/1/2020 4/30/2021 $ 49 .76 $ 41.83 -$ 57 .69
278.66 5/1/2021 4/30/2022 $ 52 .25 5.00% $ 43.92 -$ 60 .57
292.60 5/1/2022 4/30/2023 $ 54.86 5.00% $ 46.12 -$ 63 .60
307.23 5/1/2023 4/30/2024 $ 57.60 5.00% $ 48.42 -$ 66.78
322.59 5/1/2024 4/30/2025 $ 60.48 5 .00% $ 50.84 -$ 70 .12
195 .15 5/1/2020 4/30/2021 $ 36.59 $ 31.35 -$ 41.83
204 .91 5/1/2021 4/30/2022 $ 38.42 5 .00% $ 32 .92 -$ 43.92
215.15 5/1/2022 4/30/2023 $ 40.34 5.00% $ 34.56 -$ 46.12
225 .91 5/1/2023 4/30/2024 $ 42 .36 5.00% $ 36.29 -$ 48.42
237.21 5/1/2024 4/30/2025 $ 44.48 5.00% $ 38.11 -$ 50.84
141.28 5/1/2020 4/30/2021 $ 26.49 $ 21.63 -$ 31.35
148 .35 5/1/2021 4/30/2022 $ 27 .81 5.00% $ 22.71 -$ 32.92
155 .76 5/1/2022 4/30/2023 $ 29.21 5.00% $ 23.85 -$ 34 .56
163.55 5/1/2023 4/30/2024 $ 30.67 5.00% $ 25.04 -$ 36.29
171.73 5/1/2024 4/30/2025 $ 32 .20 5.00% $ 26.29 -$ 38.11
139 .60 5/1/2020 4/30/2021 $ 26.18 $ 21.00 -$ 31.35
146.58 5/1/2021 4/30/2022 $ 27.48 5.00% $ 22.05 -$ 32 .92
153.91 5/1/2022 4/30/2023 $ 28.86 5 .00% $ 23.15 -$ 34.56
161.61 5/1/2023 4/30/2024 $ 30.30 5 .00% $ 24.31 -$ 36.29
169.69 5/1/2024 4/30/2025 $ 31.82 5.00% $ 25.53 -$ 38.11
141.28 5/1/2020 4/30/2021 $ 26.49 $ 21.63 -$ 31.35
148.35 5/1/2021 4/30/2022 $ 27.81 5.00% $ 22.71 -$ 32 .92
155.76 5/1/2022 4/30/2023 $ 29.21 5 .00% $ 23.85 -$ 34.56
163.55 5/1/2023 4/30/2024 $ 30 .67 5 .00% $ 25.04 -$ 36.29
171.73 5/1/2024 4/30/2025 $ 32 .20 5.00% $ 26.29 -$ 38.11
I. Key personnel must be mark e d with an as terisk(*) and employees that are subject to prevailing wage requirements must be marked w ith two as teri s ks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal fonnat shall not be amended.
3. Billing rate= actual hourly rate • (I+ !CR) • (I+ Fee). Indirect cost rates s hall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All
costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate . For classifications only, enter the Average Hourly Rate for th at classification.
LPP 15-01 January 2020
Local Assistance Procedures Manual EXHIBIT D
EXHIBIT 10-H2 COST PROPOSAL Page 2 of3
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant
Project No.
GPA Consulting 0 Prime Consultant
County of Fresno -On-Call Env. Consulting Servicei Contract No.
D Subconsultant D 2nd Tier Subconsultant
----------------
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item
Mileage Costs
Postage/Delivery
Reproduction/Materials
Travel (Hotel, Meals, Rental Car)
Project Supplies (Envelopes, CDs, CD labels, etc.)
Record Search Fees
Filing Fees
Advesrtisements Fees
Subconsultant 1: Ambient Air Quality & Noise Consulting
Subconsultant 2: O'Dell Engineering
Subconsultant 3: Crawford & Associates
Subconsultant 4: Avila & Associates
Subconsultant 5: Applied Earthworks
Note: Add additional pages if necessary.
NOTES:
Quantity Unit
I. List other direct cost ite,ns 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 client 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 supporting 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 contracting agency and shall not exceed current State Department of Personnel Administration rules .
Unit Cost
At IRS Allowable
At Cost
At Cost
Per Diem
At Cost
At Cost
At Cost
At Cost
At Cost
At Cost
At Cost
At Cost
At Cost
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company veliic les. In addition, the miles claimed should besupported by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehiclesthat 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.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
LPP 15-01
Exhibit 10-H2
Cost Proposal
Date 6/4/2020
Total
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
January 2020
Local Assistance Procedures Manual EXHIBIT D EXHIBIT 10-H2 COST PROPOSAL Page 3 of3 Certification of Direct Costs Exhibit 10-H2 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 112 -Letting of Contracts 10. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration otEngineering 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 Certifying: Name: Richard Galvin Title*: Vice President -----/ -~ Signature : £ ~ --Date of Certification (mm/dd/yyyy): 6/5/2020 -----------Email: rich a rd@gpaconsulting-us.com Phone Number: 310-792-2690 Address: 201 Nevada Street, Suite B, El Segundo, CA 90245 *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 providing under the proposed contract: Environmental Consulting Services. LPP 15-01 January 2020
Local Assistance Procedures Manual EXHIBIT D
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 0 Prime Consultant 0 Subconsultant 0 2nd Tier Subconsultant
Date Project No. County ofFresno-On-Call Contract No. Participation Amount $ TBD ------
Exhibit 10-H2
Cost Proposal
22-May-20
Fringe Benefit % General & Adrnninistrative % Combined Indirect Cost Rate (ICR) %
For Combined Rate 6.99% +
For Home Office Rate 0.00% +
For Field Office Rate 0.00% +
BILLING INFORMATION
Name/Job Title/Classification 1
Kurt Legleiter -Principal
Air Quality & Noise Specialist
Danny Luu -Air Quality & Noise
Analyst
(Add pages as necessary)
NOTES :
$
$
$
$
$
$
$
$
$
$
Hourly Billing Rates2
Straight3 OT(l.Sx)
154.47 NIA
162.19 NIA
170.30 NIA
178 .81 NIA
187.75 NIA
44.06 NIA
46.26 NIA
48 .58 NIA
51.00 NIA
53.55 NIA
OT(2x)
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
60 .18% = 67.17%
OR
0 .00% = 0.00%
0.00% = 0.00%
Fee 10%
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range -
From To Hourly Rate 4 Increase for Classifications Only
5/1/2020 4/30/2020 $ 84.00 Not Applicable
5/1/2021 4/30/2020 $ 88.20 5.00%
5/1/2022 4/30/2021 $ 92.61 5 .00%
5/1/2023 4/30/2022 $ 97.24 5.00%
5/1/2024 4/30/2025 $ 102.10 5 .00%
5/1/2020 4/30/2020 $ 23.96 Not Applicable
5/1/2021 4/30/2020 $ 25.16 5.00%
5/1/2022 4/30/2021 $ 26.42 5.00%
5/1/2023 4/30/2022 $ 27.74 5 .00%
5/1/2024 4/30/2025 $ 29.12 5.00%
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsult ants will prov ide their own cost proposals .
2. The cost proposal fonnat shall not be amended .
3 . Billing rate = actu al hourly ra te• (I+ ICR) • (l+ Fee). Indirect cos t rates shall be updat e d on an annual ba s is in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans . All costs must comply with the
Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification .
LPP 15-01 January 2020
Local Assistance Procedures Manual EXHIBIT D
EXHIBIT 10-H2 COST PROPOSAL Page 2 of3
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant
Project No.
AMBIENT Air Quality & Noise Consulting
County of Fresno-On-Call
D Prime Consultant
Contract No.
0 Subconsultant D 2nd Tier Subconsultant
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 additional pages if necessary.
NOTES:
Quantity Unit
Mile
Day
Day
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 client 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 supporting docwnentation (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 contracting agency and shall not exceed current State Department of Personnel Administration rules.
Unit Cost
Fed. Per Diem Rate
Fed. Per Diem Rate
Fed. Per Diem Rate
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 besupported by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehiclesthat could be used for the same purpose.
9. The cost proposal fonnat 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.
LPP 15-01
Exhibit 10-H2
Cost Proposal
Date 22-May-20
Total
TBD
TBD
TBD
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
January 2020
Loca1 Assistance Procedures Manual Exhibit l0-H2 EXHIBIT D Cost Proposal EXHIBlT 10-H2 COST PROPOSAL Page 3 of3 Certification of Direct Costs [, 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 I 0. 48 Code of Federal Regulations Prut 3 I -Contract Cost Principles and Procedures l l. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration ofEngineering 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 Certifving: Name: Title*: Principal Signat Date of Certification (mm/dd/yyyy): 5/22/2020 ,.;;.;.;=.;;;_;;_;;;.;;.. ______ _ Email: Phone Number: 805.226.2727 Address: 612 12th Street, Suite 201, Paso Robles, CA 93446 * 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 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 D
Note: Mark-ups are Not Allowed
EXHIBIT 10-H2 COST PROPOSAL Page I of3
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Applied Earth Works, Inc. D Prime Consultant 0 Subconsultant D 2nd Tier Subconsultant
Project No. County of Fresno -On-Call Contract No . Participation Amount $ TBD Date ------
Exhibit 10-H2
Cost Proposal
6/5/2020
Fringe Benefit % General & Admninistrative % Combined Indirect Cost Rate (ICR) %
For Combined Rate
For Home Office Rate
For Field Office Rate
61.35%
0.00%
0.00%
+
+
+
BILLING INFORMATION
Name/Job Title/Classification 1
Hourly Billing Rates2
Straight3 OT(l.5x)
$ 226.22 NIA
Mary Baloian, Principal/Program $ 237.54 NIA
Mgr/Lab Dir, $ 249.41 NIA
Exempt $ 261.88 NIA
$ 274.98 NIA
$ 174.03 NIA
Amy Ollendorf, Principal $ 182 .74 NIA
Paleontologist, $ 191.87 NIA
Exempt $ 201.47 NIA
$ 211.54 NIA
M . Colleen Hamilton, Principal $ 139.59 NIA
$ 146.57 NIA Architectural $ 153.90 NIA
Historian/Historian/Historical $ 161.59 NIA
Archaeologist, Exempt $ 169.67 NIA
$ 105.98 NIA
Diana Dyste, Proj Mgr $ 111.28 NIA
Arcchaeology/Field Superv., $ 116.84 NIA
Exempt $ 122 .68 NIA
$ 128.82 NIA
LPP 15-01
rl
OT(2x)
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
OR
69.08%
0.00%
0.00%
Fee
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or Avg. %or$
From To Hourly Rate4 Increase
5/1/2020 4/30/2021 $ 89 .25
5/1/2021 4/30/2022 $ 93 .71 5.00%
5/1/2022 4/30/2023 $ 98.40 5.00%
5/1/2023 4/30/2024 $ 103.32 5.00%
5/1/2024 4/30/2025 $ 108.48 5.00%
5/1/2020 4/30/2021 $ 68.66
5/1/2021 4/30/2022 $ 72.09 5.00%
5/1/2022 4/30/2023 $ 75.70 5.00%
5/1/2023 4/30/2024 $ 79.48 5.00%
5/1/2024 4/30/2025 $ 83.46 5.00%
5/1/2020 4/30/2021 $ 55.07
5/1/2021 4/30/2022 $ 57.82 5.00%
5/1/2022 4/30/2023 $ 60.71 5.00%
5/1/2023 4/30/2024 $ 63.75 5.00%
5/1/2024 4/30/2025 $ 66 .94 5.00%
511/2020 413012021 $ 41.81
5/1/2021 4/30/2022 $ 43.90 5.00%
5/1/2022 4/30/2023 $ 46 .10 5.00%
5/1/2023 4/30/2024 $ 48.40 5.00%
5/1/2024 4/30/2025 $ 50.82 5.00%
130.43%
0.00%
0.00%
10%
Hourly Range -
for Classifications Only
Not Applicable
Not Applicable
Not Applicable
Not Applicable
January 2020
Local Assistance Procedures Manual EXHIBIT D Exhibit 10-H2
$ 86.18 NIA NIA 5/112020 413012021 $ 34.00 Not Applicable Carlos van Oona, Project Mgr -$ 90.49 NIA NIA 511/2021 413012022 $ 35.70 5 .00% Architectural $ 95.01 NIA NIA 5/112022 413012023 $ 37.49 5.00%
Hist/Historian/ Architectural $ 99 .77 NIA NIA 51112023 413012024 $ 39.36 5.00%
Historian, Exempt $ 104.75 NIA NIA 5/112024 413012025 $ 41.33 5 .00%
$ 86.18 NIA NIA 51112020 413012021 $ 34.00 Not Applicable Amber Long, Senior Architectural $ 90.49 NIA NIA 511/2021 413012022 $ 35 .70 5.00% Hist./Historian/ Architectural $ 95 .01 NIA NIA 511/2022 413012023 $ 37.49 5.00%
Historian, $ 99 .77 NIA NIA 511/2023 413012024 $ 39.36 5.00%
Exempt $ 104.75 NIA NIA 511/2024 413012025 $ 41.33 5.00%
$ 88.72 NIA NIA 511/2020 413012021 $ 35 .00 Not Applicable
Melissa Macias, Senior $ 93 .15 NIA NIA 51112021 413012022 $ 36 .75 5 .00%
Paleontologist, $ 97.81 NIA NIA 511/2022 413012023 $ 38 .59 5.00%
Exempt $ 102 .70 NIA NIA 5/112023 413012024 $ 40.52 5 .00%
$ 107 .83 NIA NIA 51112024 413012025 $ 42.54 5.00%
$ 105.01 NIA NIA 511/2020 413012021 $ 41.43 Not Applicable
$ 110.26 NIA NIA 5/112021 413012022 $ 43.50 5.00% Brian Kellogg, Project Controller, $ 115.78 NIA NIA 5/112022 413012023 $ 45 .68 5.00% Exempt $ 121.57 NIA NIA 5/112023 413012024 $ 47 .96 5.00%
$ 127.65 NIA NIA 51112024 413012025 $ 50 .36 5.00%
$ 98.30 NIA NIA 5/112020 413012021 $ 38 .78 Not Applicable
$ 103 .21 NIA NIA 5/112021 413012022 $ 40 .72 5.00% Susan Rapp, Production Manager, $ 108 .37 NIA NIA 5/112022 413012023 $ 42.75 5.00%
Exempt $ 113 .79 NIA NIA 5/112023 413012024 $ 44.89 5 .00%
$ 119.48 NIA NIA 51112024 413012025 $ 47.14 5.00%
$ 70.82 $ 106.23 $ 141.64 5/112020 413012021 $ 27 .94 Not Applicable
$ 74 .36 $ 111.54 $ 148.72 511/2021 413012022 $ 29.34 5.00% Chris Shi, Associate Paleontologist, $ 78.08 $ 117.12 $ 156.16 5/112022 413012023 $ 30 .80 5.00%
Non-Exempt $ 81.98 $ 122.98 $ 163.97 5/112023 413012024 $ 32.34 5 .00%
$ 86.08 $ 129.12 $ 172.17 5/112024 413012025 $ 33.96 5.00%
$ 93.25 $ 139.88 $ 186.51 51112020 413012021 $ 36 .79 Not Applicable
$ 97 .92 $ 146.87 $ 195.83 511/2021 413012022 $ 38 .63 5.00% Kim Denny, Accounting Mgr., $ I 02.81 $ · 154.22 $ 205.62 5/112022 413012023 $ 40 .56 5.00%
Non-Exempt $ 107.95 $ 161.93 $ 215 .90 511/2023 4130/2024 $ 42.59 5.00%
$ 113.35 $ 170.02 $ 226 .70 511/2024 413012025 $ 44.72 5.00%
$ 68.87 $ 103 .30 $ 137 .74 5/112020 413012021 $ 27.17 Not Applicable
$ 72.31 $ 108.47 $ 144.62 511/2021 413012022 $ 28 .53 5 .00%
Ward Stanley, Field Supervisor, $ 75 .93 $ 113 .89 $ 151.86 5/112022 413012023 $ 29 .95 5.00%
Non-Exempt $ 79 .72 $ 119 .59 $ 159.45 5/1/2023 4/30/2024 $ 31.45 5.00%
$ 83.71 $ 125.57 $ 167.42 511/2024 4/30/2025 $ 33.03 5.00%
$ 65.90 $ 98.85 $ 131.81 511/2020 413012021 $ 26.00 Not Applicable
$ 69.20 $ 103.80 $ 138.40 5/112021 413012022 $ 27.30 5 .00% Randy Ottenhoff, Field Supervisor, $ 72 .66 $ 108.99 $ 145.32 5/112022 413012023 $ 28 .67 5.00%
Non-Exempt $ 76 .29 $ 114.44 $ 152.58 511/2023 413012024 $ 30.10 5.00%
LPP 15-01 January 2020
Local Assistance Procedures Manual
Michelle Wienhold, GIS Specialist,
Non-Exempt
Flavio Silva, GIS Technician,
Non-Exempt
Christina Navarro, Laboratory
Supervisor, Non-Exempt
Jessica Jones, Crew Chief,
Non-Exempt
TBA, Field Technician II,
Non-Exempt
TBA, Field Technician I,
Non-Exempt
Jennifer Vandersmith, Production
Assistant,
Non-Exempt
(Add pages as necessary)
NOTES:
$ 80.11
$ 97 .79
$ 102 .68
$ 107.81
$ 113 .20
$ 118 .86
$ 65 .29
$ 68 .56
$ 71.99
$ 75 .59
$ 79.37
$ 65.90
$ 69.20
$ 72.66
$ 76 .29
$ 80 .11
$ 67 .20
$ 70 .56
$ 74.08
$ 77.79
$ 81.68
$ 70 .97
$ 74.52
$ 78 .25
$ 82.16
$ 86.27
$ 60.83
$ 63.88
$ 67.07
$ 70.42
$ 73 .94
$ 56 .96
$ 59.80
$ 62 .79
$ 65.93
$ 69 .23
EXHIBIT D
$ 120 .16 $ 160 .21 5/1/2024
$ 146 .68 $ 195 .58 5/1/2020
$ 154 .02 $ 205 .36 5/1/2021
$ 161.72 $ 215.63 5/1/2022
$ 169 .81 $ 226.41 5/1/2023
$ 178.30 $ 237 .73 5/1/2024
$ 97.94 $ 130.59 5/1 /2020
$ 102 .84 $ 137 .12 5/1/2021
$ 107 .98 $ 143 .97 5/1 /2022
$ 113 .38 $ 151.17 5/1/2023
$ 119.05 $ 158 .73 5/1/2024
$ 98.85 $ 131.81 5/1/2020
$ 103.80 $ 138.40 5/1 /2021
$ 108.99 $ 145.32 5/1/2022
$ 114.44 $ 152.58 5/1/2023
$ 120.16 $ 160.21 5/1/2024
$ 100.79 $ 134.39 5/1/2020
$ 105.83 $ 141.11 5/1/2021
$ 111.12 $ 148.17 5/1/2022
$ 116 .68 $ 155 .57 5/1/2023
$ 122 .52 $ 163 .35 5/1/2024
$ 106.46 $ 141.94 5/1/2020
$ 111. 78 $ 149 .04 5/1/2021
$ 117 .37 $ 156.49 5/1/2022
$ 123 .24 $ 164 .32 5/1/2023
$ 129.40 $ 172.53 5/1/2024
$ 91.25 $ 121.67 5/1/2020
$ 95.81 $ 127 .75 5/1/2021
$ 100.60 $ 134.14 5/1/2022
$ 105.63 $ 140.84 5/1/2023
$ 110 .92 $ 147 .89 5/1/2024
$ 85.43 $ 113 .91 5/1/2020
$ 89.70 $ 119 .61 5/1/2021
$ 94.19 $ 125 .59 5/1/2022
$ 98.90 $ 131.87 5/1/2023
$ 103.84 $ 138.46 5/1/2024
Exhibit 10-H2
4/30/2025 $ 31.60 5 .00%
4/30/2021 $ 38.58 Not Applicable
4/30/2022 $ 40.51 5 .00%
4/30/2023 $ 42.53 5.00 %
4/30/2024 $ 44 .66 . 5 .00%
4/30/2025 $ 46.89 5.00%
4/30/2021 $ 25 .76 Not Applicable
4/30/2022 $ 27.05 5 .00%
4/30/2023 $ 28.40 5 .00%
4/30/2024 $ 29.82 5.00%
4/30/2025 $ 31.31 5 .00%
4/30/2021 $ 26 .00 Not Applicable
4/30/2022 $ 27 .30 5.00%
4/30/2023 $ 28.67 5 .00 %
4/30/2024 $ 30.10 5 .00%
4/30/2025 $ 31.60 5.00 %
4/30/2021 $ 26 .51 Not Applicable
4/30/2022 $ 27 .84 5.00%
4/30/2023 $ 29 .23 5 .00 %
4/30/2024 $ 30 .69 5.00%
4/30/2025 $ 32.22 5 .00 %
4/30/2021 $ 28.00 $ 26.00 -$ 30 .00
4/30/2022 $ 29.40 5 .00 % $ 27 .30 -$ 31.50
4/30/2023 $ 30 .87 5.00% $ 28.67 -$ 33.08
4/30/2024 $ 32.41 5 .00 % $ 30 .10 -$ 34.73
4/30/2025 $ 34.03 5.00% $ 31.60 -$ 36.47
4/30/2021 $ 24.00 $ 22.00 -$ 26.00
4/30/2022 $ 25.20 5 .00 % $ 23.10 -$ 27.30
4/30/2023 $ 26.46 5 .00 % $ 24.26 -$ 28 .67
4/30/2024 $ 27.78 5 .00 % $ 25.47 -$ 30.10
4/30/2025 $ 29 .17 5.00% $ 26.74 -$ 31.60
4/30/2021 $ 22.47 Not Applicable
4/30/2022 $ 23.59 5 .00 %
4/30/2023 $ 24 .77 5 .00 %
4/30/2024 $ 26.01 5.00%
4/30/2025 $ 27 .31 5.00%
I . Key personnel mu s t be marked with an as teri s k(*) and employees th at are s ubj ect to pre va iling wage requi rem ent s mu st be mark ed with two ast erisk s (**).All c os ts mu s t co mply with the Federa l cos t prin c ipl es. Subc onsul tants w ill provid e their own cost pro posal s.
2. The cost propos al fonnat shall not be amend ed.
3. Billing rat e = actual ho url y rate • (I + !CR) • (I+ Fee). Indirect cost ra tes shall be upd ated on an annual basis in accorda nc e with th e consultant's annu al accounting period and established by a cognizant agency or ac cept ed by Ca ltrans. All
costs must comply with the Federal cost principle s for reimburse ment.
4. For named employe es and ke y perso nnel e nt e r the actual hourly rate. For class ifications only, ente r th e Average Hourly Rate for th at class ification .
LPP 15-01 January 2020
Local Assistance Procedures Manual EXHIBIT D
EXHIBIT 10-H2 COST PROPOSAL Page2 of3
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant
Project No.
Applied Earth Works, Inc. D Prime Consultant
County of Fresno -On-Call Env. Consulting Servicei Contract No.
0 Subconsultant D 2nd Tier Subconsultant
----------------
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item
Mileage Costs
Postage/Delivery
Reproduction/Materials
Travel (Hotel, Meals, Rental Car)
Travel (Rental Vehicle)
Project Supplies (Envelopes, CDs, CD labels, etc.)
Subconsultant 1: Paleo Analytics, LLC
Subconsultant 2: Beta Analytic Laboratory (Standard)
Subconsultant 2: Beta Analytic Laboratory (Priority)
Subconsultant 3: Geochemical Research
Subconsultant 4: Origer Obsidian Laboratory (Hydration 1-10)
Subconsultant 4: Origer Obsidian Laboratory (Hydration 11-24)
Subconsultant 4: Origer Obsidian Laboratory (Hydration 25-99)
Subconsultant 4: Origer Obsidian Laboratory (Hydration 100+)
Subconsultant 5: Native American Monitor
Note : Add additional pages if necessary.
NOTES:
Quantity Unit
Day
Hour
Ea
Ea
Ea
Ea
Ea
Ea
Ea
Hour
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 client 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 supporting 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 contracting agency and shall not exceed current State Department of Personnel Administration rules.
Unit Cost
At IRS Allowable
At Cost
At Cost
Per Diem
$65
At Cost
$75
$595
$795
$35
$21
$20
$17
$15
$100
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 besupported by mileage logs.
8. Ifa consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehiclesthat could be used for the same purpose.
9. The cost proposal fonnat shall not be amended. All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
LPP 15-01
Exhibit 10-H2
Cost Proposal
Date 6/5/2020
Total
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
January 2020
Local Assistance Procedures Manual EXHIBIT D EXHIBIT 10-H2 COST PROPOSAL Page 3 of3 Certification of Direct Costs Exhibit 10-H2 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 112 -Letting of Contracts 10. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration otEngineering 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 Certifying: Name: Jennifer L. Barbee Title *: CAO/CFO Signature: --111i~------Date of Certification (mm/dd/yyyy): 6/5/2020 ------'--------Email: jbarbee@appliedearthworks.com Phone Number: 559-229-1856 xl 12 Address: Applied EarthWorks, Inc. 1391 W Shaw Ave, Suite C, Fresno, CA 93711 * 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 providing under the proposed contract: Cultural resource management services LPP 15-01 January 2020
Local Assistance Procedures Manual
Note: Mark -ups are Not Allowed
EXHIBIT D
EXHIBIT 10-H2 COST PROPOSAL Page I ofJ
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Avila and Associates D Prime Consultant 0 Subconsultant D 2nd Tier Subconsultant
Cost Proposal
Project No. County of Fresno -On-Call Contract No. ____ _ Participation Amount$ _T_B_D ____ _ Date 6/9/2020
For Combined Rate
For Home Office Rate
For Field Office Rate
Fringe Benefit %
48.59%
0.00%
0.00%
+
+
+
BILLING INFORMATION
Name/Job Title/Classification'
Hourly Billing Rates2
General & Admninistrative %
OR
68.50%
0.00%
0.00%
Combined Indirect Cost Rate (!CR) %
Fee
117.09%
0.00%
0.00%
10%
CALCULATION INFORMATION
Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range -
Straight3 OT(l.5x) OT(2x) From To Hourly Rate4 Increase for Classifications Only
LPP 15-01
$ 214.92 NIA NIA 5/1/2020 4/30/2021 $ 90.00 Not Applicable
Cathy Avila, Project Manager
Senior Engineer
Associate Engineer
Assistant Engineer
Junior Civil Engineer
Project Assistant
(Add pages as necessary)
NOTES:
s
$
s
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
225 .67
236.95
248.80
261.24
164.17 $
172.38 $
181.00 $
190.05 $
199.55 $
146.26 $
153 .58 $
161.26 $
169.32 $
177.79 $
113.43 $
119.10 $
125 .06 $
131.31 $
137 .87 $
95.52 $
100.30 $
105 .31 $
110.58 $
116.10 $
83.58 $
87.76 $
92.15 $
96.75 $
101.59 $
NIA NIA
NIA NIA
NIA NIA
NIA NIA
246.26 $ 328.35
258.57 s 344.77
271.50 $ 362.00
285.08 $ 380.10
299.33 $ 399.11
219.40 $ 292.53
230.37 $ 307.16
241.88 $ 322.51
253 .98 $ 338.64
266.68 $ 355 .57
170.14 $ 226 .86
178.65 $ 238.20
187.58 $ 250.11
196.96 $ 262 .62
206.81 $ 275.75
143.28 $ 191.04
150.44 $ 200.59
157 .97 $ 210.62
165.86 $ 221.15
174.16 $ 232 .21
125.37 $ 167 .16
131.64 $ 175 .52
138.22 $ 184.29
145 .13 $ 193.51
152 .39 $ 203 .18
5/1/2021 4/30/2022 s 94.50 5.00%
5/1/2022 4/30/2023 $ 99.23 5.00%
5/1/2023 4/30/2024 $ 104.19 5.00%
5/1/2024 4/30/2025 $ 109.40 5.00%
5/1/2020 4/30/2021 $ 68.75 $ 62.50 " $
5/1/2021 4/30/2022 $ 72.19 5.00% $ 65 .63 " $
5/1/2022 4/30/2023 $ 75 .80 5.00% $ 68 .91 " $
5/1/2023 4/30/2024 $ 79.59 5.00% $ 72.35 " $
5/1/2024 4/30/2025 $ 83.57 5.00% $ 75.97 " $
5/1/2020 4/30/2021 $ 61.25 $ 55 .00 " $
5/1/2021 4/30/2022 $ 64.31 5.00% $ 57.75 " $
5/1/2022 4/30/2023 $ 67 .53 5.00% $ 60 .64 " $
5/1/2023 4/30/2024 $ 70.90 5.00% $ 63 .67 " $
5/1/2024 4/30/2025 $ 74.45 5.00% $ 66.85 " $
5/1/2020 4/30/2021 $ 47 .50 $ 42 .50 " $
5/1/2021 4/30/2022 $ 49.88 5.00% $ 44.63 " $
5/1/2022 4/30/2023 $ 52.37 5.00% $ 46.86 " $
· 5/1/2023 4/30/2024 $ 54.99 ' 5.00% $ 49 .20 " $
5/1/2024 4/30/2025 $ 57.74 5.00% $ 51.66 " $
5/1/2020 4/30/2021 $ 40.00 $ 35.00 " $
5/1/2021 4/30/2022 $ 42 .00 5.00% $ 36.75 " $
5/1/2022 4/30/2023 $ 44.10 5.00% $ 38.59 " $
5/1/2023 4/30/2024 $ 46.31 5.00% $ 40.52 " $
5/1/2024 4/30/2025 $ 48.62 5.00% $ 42.54 " $
5/1/2020 4/30/2021 $ 35.00 $ 25 .00 " $
5/1/2021 4/30/2022 $ 36.75 5.00% $ 26.25 " $
5/1/2022 4/30/2023 $ 38.59 5.00% $ 27 .56 " $
5/1/2023 4/30/2024 $ 40.52 5.00% $ 28.94 " $
5/1/2024 4/30/2025 $ 42.54 5.00% $ 30.39 " $
I. Key personnel must be marked with an aslcrisk (•) and employees that are subject to prevailing wage requirements must be marked wilh two asterisks ( .. ).A ll costs must comply with the Federal co st principles. Subconsuhanis will provide their own cost
proposals.
2. The cos1 proposal fonnat shall not be amended.
3. Billing rate = actual hourly rate• (I+ ICR) • (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance wilh the consultan1's annual accounting period and established by a cognizant agency or accepted by Caltrans. All
costs mu st comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter 1he actual hourly rate. For classificalions only, enter the Average Hourly Rate for that classification .
75 .00
78 .75
82 .69
86.82
91.16
67.50
70.88
74.42
78 .14
82.05
52.50
55 .13
57 .88
60.78
63 .81
45 .00
47 .25
49.61
52.09
54.70
45 .00
47.25
49.61
52.09
54.70
Exhibit 10-H2
January 2020
Local Assistance Procedures Manual EXHIBIT D
EXHIBIT 10-H2 COST PROPOSAL Page 2 of3
SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant
Project No.
Avila and Associates
County of Fresno -On-Call Env. Consulting Services
D Prime Consultant
Contract No.
0 Subconsultant D 2nd Tier Subcons ultant
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item
Mileage Costs
Postage/Delivery
Reproduction/Materials
Travel (Hotel, Meals, Rental Car)
Project Suoolies (Envelopes, CDs, CD labels, etc.)
Subconsultant 1: Ambient Air Quality & Noise Consulting
Subconsultant 2: O'Dell Engineering
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Note: Add additional pages if necessary.
NOTES :
Ouantitv Unit
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 client 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 supporting 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 contracting agency and shall not exceed current State Department of Personnel Administration rules.
Unit Cost
At IRS Allowable
At Cost
At Cost
Per Diem
At Cost
At Cost
At Cost
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 besupported by mileage logs.
8. If a consultant proposes rental costs for a vehicle , the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehiclesthat could be used for the same purpose.
9. The cost proposal fonnat shall not be amended. All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
LPP 15-01
Exhibit 10-H2
Cost Proposal
Date 6/8/2020
Total
TBD
TBD
TBD
TBD
TBD
TBD
TBD
$0.00
$0.00
$0.00
January 2020
Local Assistance Procedures Manual EXHIBIT D EXHIBIT 10-H2 COST PROPOSAL Page 3 of3 Certification of Direct Costs Exhibit 10-H2 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 112 -Letting of Contracts 10. 48 Code of Federal Regulations Part 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 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 Certifying: Name: Catherine M.C. Avila Title*: President Signature: Date of Certification (mm/dd/yyyy): 6/8/2020 --------------------------Email: cavila@avilaassociates.com Phone Number: 925-673-0549 Address: 712 Bancroft Road #333 Walnut Creek, 94598 *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 providing under the proposed contract: Hydrology, Hydraulic and Scour Analysis Consulting Services LPP 15-01 January 2020
EXHIBIT D EXHIBIT 10-H2 COST PROPOSAL Page I or3 SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Crawford & Associates, Inc. Project No. County ofFresno -On-Call Contract No. D Prime Consultant 0 Suboonsultant D 2nd Tier Subconsultant Date Cost Proposal 61512020 -----Participation Amount S_T_B_D ___ _ ----------For Combined Rate For Home Office Rate For Field Office Rate Fringe Benefit % 65.48% 0.00% 0.00% + + + BILLING INFORMATION Name/Job Title/Classification' Hourly Billing Rates2 General & Admninistrative % OR 131.72% 0.00% 0.00% Effective Date of Hourly Rate Combined Indirect Cost Rate (]CR)% Fee CALCULATION INFORMATION Actual or Avg. %or$ 197.20% 0.00% 0.00% 10% Houri y Range -Straight3 OT(l.5x) OT(2x) From To Hourlv Rate 4 Increase for Classifications Only Richard Sowers • Principal Ben Crawford • Principal Chris Trumbull * Senior Project Manager Eric Nichols • Senior Project Manager Senior Engineer I Geologist Project Engineer Il Project Engineer I Staff En gin= I Drafter Administrative Assistant (Add pages as necessary) NOTES: s 218.87 s 229.82 s 241.31 s 253.37 s 266.04 s 212.47 s 223.09 s 234.24 s 245.96 s 258.25 s 216.91 s 227.76 s 239.14 s 251.10 s 263.66 s 178.60 s 187.53 s 196.90 s 206.75 s 217.09 s 131.59 s 138.16 s 145.07 s 152.33 $ 159.94 s 114.42 s 120.14 s 126.15 s 132.46 s 139.08 s 97.67 s 102.55 s 107.68 $ 113.06 s 118.72 s 73.56 s 77.23 s 81.10 s 85.15 s 89.41 s 80.16 s 84.17 s 88.38 s 92.80 $ 97.44 NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA s 197.38 s 263.17 s 207.25 s 276.33 s 217.61 s 290.15 $ 228.49 s 304.65 $ 239.91 s 319.89 s 171.63 s 228.84 s 180.21 s 240.29 s 189.23 s 252.30 s 198.69 s 264.92 s 208.62 s 278.16 s 146.50 s 195.33 s 153.83 s 205.10 s 161.52 s 215.36 s 169.59 s 226.12 s 178.07 s 237.43 $ 110.34 s 147.11 s 115.85 s 154.47 s 121.64 s 162.19 s 127.73 s 170.30 s 134.11 s 178.82 s 120.24 s 160.32 s 126.25 s 168.34 s 132.57 s 176.75 s 139.19 s 185.59 s 146.15 s 194.87 511120 4130121 s 66.95 Not Applicable 511/21 4130122 s 70.30 5.00% 511/22 4130123 s 73.81 5.00% 511/23 4130124 $ 77.50 5.00% 511/24 4130125 s 81.38 5.00% 511/20 4130121 s 64.99 Not Applicable 511/21 4130122 s 68.24 5.00% 511/22 4130123 $ 71.65 5.00% 511123 4130124 s 75.23 5.00% 511124 4130125 s 79.00 5.00% 511/20 4130121 s 66.35 Not Applicable 511121 4130122 s 69.67 5.00% 511/22 4130123 s 73.15 5.00% 511123 4130124 s 76.81 5.00% 511124 4130125 s 80.65 5.00% 511120 4130121 s 54.63 Not Applicable 511121 4130122 s 57.36 5.00% 511122 4130123 s 60.23 5.00% 511123 4130124 s 63.24 5.00% 511124 4130125 s 66.40 5.00% 511120 4130121 s 40.25 s 45.50 -s 5/1121 4130122 s 42.26 5.00% s 47.78 -s 511122 4130123 s 44.38 5.00% s 50.16 -s 511123 4130124 s 46.59 5.00% s 52.67 -s 511124 4130125 s 48.92 5.00% s 55.31 -s 511120 4130121 s 35.00 s 37.50 -s 5/1121 4130122 s 36.75 5.00% s 39.38 -s 5/1122 4130123 $ 38.59 5.00% s 41.34 -s 5/1123 4130124 s 40.52 5.00% s 43.41 -s 5/1124 4130125 s 42.54 5.00% s 45.58 -s 511120 4130121 s 29.88 s 31.75 -$ 511/21 4130122 s 31.37 5.00% s 33.34 -s 511/22 4130123 $ 32.94 5.00% s 35.00 -s 511123 4130124 s 34.58 5.00% s 36.75 -s 511/24 4130125 s 36.31 5.00% s 38.59 -s 511120 4130121 s 22.50 s 30.00 -s 511/21 4130122 s 23.63 5.00% s 31.50 -$ 5/1122 4130123 s 24.81 5.00% s 33.08 -$ 5/1123 4130124 s 26.05 5.00% s 34.73 -s 511/24 4130125 s 27.35 5.00% s 36.47 -s 511/20 4130121 s 24.52 s 24.52 -$ 5/1121 4130122 s 25.75 5.00% s 25.75 -s 511/22 4130123 $ 27.03 5.00% s 27.03 -s 511123 4130124 s 28.38 5.00% s 28.38 -s 511124 4130125 $ 29.80 5.00% s 29.80 -s 1. t..i:y pmonnt'I mus, oc ITT.IIXt:U wnn an aSlt.'TlSK 1.-J anu cmp1oy1:cs maL an: SUOJl."t."1 iu pn.:vaumg w-Jgi; n."qum:m.'flts mus1 oc m:mtL'U wun 1wo ilSIL'llSKS 1.--J.1\.11 cos1s mus1 comp1y wnn me rcucrJI cos1 pnnc1pu.'1i . .:,uoconsunants wm pruvtuc mc1ruwn cus1 nrnnnc<1lc 2. The cost proposal fonmt shall not be amended . .,_ 0I111ng m1c = .1cmaI nouny l"Jlt: -\IT u. .. rq-\1.,,.. r\X/. lllUln:t.'t i;ost rJl!;S snau oc upuau."\l on an annuaI oasis m ,u:coruani .. -c wun tm: cunsuuani s annuaI aa:ounnnt; pcnou anu L"Sfaousncu oy a 1.:ot;nI7..an1 agcni;y orai;i;qui:u oy 1..,anmns. All rn.:tc rnud rnnw,Jv with 1hr FMl,•rnl r,~u nnnrinl.-o fnr n•imh.,,.._,.....,..,, 4. For nam..-d L"flllloYL"'I.-S and key personnel enlcr the actual hourly rate. For classifications only. enter the Average Hourly Rate for that classification. 35.00 36.75 38.59 40.52 42.54 32.50 34.13 35.83 37.62 39.50 28.00 29.40 30.87 32.41 34.03 15.00 15.75 16.54 17.36 18.23 24.52 25.75 27.03 28.38 29.80
EXHIBIT D EXHIBIT 10-H2 COST PROPOSAL Page 2 of3 SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Project No. Crawford & Associates, Inc. County of Fresno -On-Call Env. Consulting Services D Prime Consultant Contract No. Q Subconsultant D 2nd Tier Subconsultant SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Mileage (Current IRS Rate) Per Diem (Meals & Lodging) Pennit Fees Drilling Traffic Control Laboratory Testing (CA!nc 2020 Lab Rates) Subconsultant I: Subconsultant 2: Subconsultant 3: Subconsultant 4: Subconsultant 5: Note: Add additional pages if necessary. NOTES: Quantity Unit I. Lisi other direct cost items with cstirn:itcd costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. ProposOO ODC itc:ms should be consistently billed reganlless of clicnt and contract type. 3. ltcll'6 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 supporting documentation (invoice). 5. Items listt:d above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pn.--approvcd by the contracting agency and shall not exceed current State Department of Personnel Administration rules. Unit Cost At IRS Allowable Per Diem Rate At Cost At Cost At Cost At Cost 7. ff milerigc is claimed, the ra1e should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimcd should besupportcd by mileage logs. Date Total TBD TBD TBD TBD TBD TBD 8. !fa consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard proct:dure for all oftheircontracls and that they do not own any vehich:sthat could be ust:d forthe same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Cost Proposal 6/5/2020 ------
EXHIBIT D Local Assistance Procedures Manual EXHIBIT 10-H2 COST PROPOSAL Page 3 of3 Certification of Direct Costs: EXHIBIT 10-H2 Cost Pro osal I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost 1. 2. 3. bined Rate 5. 6. Generally Accepted Accounting Principles (GAAP) Terms and conditions of the contract Title 23 United States Code Section 112 -Letting of Contracts 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 23 Code o Fringe Benefit % General & Admin % Engineering and Design Related 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 Certifying: Name: Benjamin D. Crawford Title*: President Principal: .•, l : ::, -Date of Certification (mm/ dd/yyyy ) ____ 06_1_0_51_2_0 ___ _ Email: ben. crawford@crawford-inc.com Phone Number: (916) 455-4225 Address: Crawford & Associates, Inc., 1100 Corporate Way, Suite 230, Sacramento, CA 95831 Project Manager/ Principal * 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 providing under the proposed contract: Geotechnical Engineering Services
Local Assistance Procedures Manual EXHIBIT D
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR FOR ON-CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
EXHIBIT 1 0-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant O'DELL ENGINEERING D Prime Consultant [Kl Subconsultant D 2na Tier Subconsultant
Project No . County of Fresno On-Call Contract No. TBD
For Combined Rate
Fringe Benefit % 35.77% + Overhead% 73.14% +
For Home Office Rate
Fringe Benefit % + Overhead% +
For Field Office Rate
Fringe Benefit % + Overhead% +
BILLING INFORMATION
Name/Job Title/Classification 1 Hourly Bill ing Rates 3
Chad Kennedy, PLA* $ 243.06 NC NC
Principal $ 255.21 NC NC
$ 267.97 NC NC
(exempt) $ 281.37 NC NC
(non-prevailing wage) $ 295.44 NC NC
TBD $ 172.35 $ 209.85 $ 247.35
Senior Landscape Architect $ 180.97 $ 220.34 $ 259.72
$ 190.02 $ 231.36 $ 272.70
(non-exempt) $ 199.52 $ 242.93 $ 286.34
(non-prevailing wage) $ 209.49 $ 255.07 $ 300.66
TBD $ 103.41 $ 125.91 $ 148.41
Landscape Architect $ 108.58 $ 132.21 $ 155.83
$ 114.01 $ 138.82 $ 163.62
(non-exempt) $ 119.71 $ 145.76 $ 171 .80
(non-prevailing wage) $ 125.70 $ 153.04 $ 180.39
TBD $ 72 .39 $ 88.14 $ 103.89
Landscape Designer $ 76 .01 $ 92.54 $ 109.08
$ 79.81 $ 97.17 $ 114.54
(non-exempt) $ 83 .80 $ 102.03 $ 120.26
(non-prevailing wage) $ 87.99 $ 107.13 $ 126.28
TBD $ 86 .18 $ 104.93 $ 123.68
Administrative $ 90.48 $ 110.17 $ 129.86
$ 95 .01 $ 115.68 $ 136.35
(non-exempt) $ 99 .76 $ 121.46 $ 143.17
(non-prevailing wage) $ 104.75 $ 127.54 $ 150.33
Participation Amount $ TBD Date
General Administration %
OR
General Administration %
General Administration %
Effective date of hourly rate
05/01/2020 04/30/2021
05/01/2021 04/30/2022
05/01/2022 04/30/2023
05/01/2023 04/30/2024
05/01/2024 04/30/2025
05/01/2020 04/30/2021
05/01/2021 04/30/2022
05/01/2022 04/30/2023
05/01/2023 04/30/2024
05/01/2024 04/30/2025
05/01/2020 04/30/2021
05/01/2021 04/30/2022
· 05/01/2022 04/30/2023
05/01/2023 04/30/2024
05/01/2024 04/30/2025
05/01/2020 04/30/2021
05/01/2021 04/30/2022
05/01/2022 04/30/2023
05/01/2023 04/30/2024
05/01/2024 04/30/2025
05/01/2020 04/30/2021
05/01/2021 04/30/2022
05/01/2022 04/30/2023
05/01/2023 04/30/2024
05/01/2024 04/30/2025
= Combined ICR %
= Home Office ICR %
= Field Office ICR %
FEE%=
Escalation % =
CALCULATION INFORMATION
Actual or Avg . % or$
hourly rate 4 increase
$ 105.77
$ 111.06 5.0%
$ 116.61 5.0%
$ 122.44 5.0%
$ 128.56 5.0%
$ 75.00
$ 78 .75 5.0%
$ 82 .69 5.0%
$ 86 .82 5.0%
$ 91.16 5.0%
$ 45.00
$ 47.25 5.0%
$ 49.61 5.0%
$ 52.09 5.0%
$ 54.70 5.0%
$ 31.50
$ 33 .08 5.0%
$ 34 .73 5.0%
$ 36.47 5.0%
$ 38 .29 5.0%
$ 37 .50
$ 39.38 5.0%
$ 41 .34 5.0%
$ 43.41 5.0%
$ 45.58 5.0%
06/08/2020
108.91%
0.00%
0.00%
10.0%
5.0%
Hourly range -
for classifications only
Not Applicable
$60.00 -
$63.00 -
$66.15 -
$69.46 -
$72.93
$30.00 -
$31 .50 -
$33.08 -
$34.73 -
$36.47
$18.00 -
$18.90 -
$19.85 -
$20.84 -
$21.88
$20.00 -
$21 .00 -
$22.05 -
$23.15 -
$24.31
$90.00
$94.50
$99.23
$104.19
$109.40
$60.00
$63.00
$66.15
$69.46
$72.93
$45.00
$47.25
$49.61
$52 .09
$54.69
$55.00
$57.75
$60.64
$63.67
$66.85
Page 1 of 4
Ja n ua r v 202(
TBD $ 51.71 $ 62 .96 $ 74.21 05/01/2020 04/30/2021 $ 22 .50 $15.00 -$30.00
CADD $ 54.29 $ 66.10 $ 77.92 05/01/2021 04/30/2022 $ 23.63 5.0% $15.75 -$31.50
$ 57.01 $ 69.41 $ 81 .81 05/01/2022 04/30/2023 $ 24.81 5.0% $16.54 -$33.08
(non-exempt) $ 59.86 $ 72 .88 $ 85 .90 05/01/2023 04/30/2024 $ 26 .05 5.0% $17.37 -$34.73
(non-prevailing wage) $ 62 .85 $ 76.52 $ 90.20 05/01/2024 04/30/2025 $ 27.35 5.0% $18.24 $36.47
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirement must be marked with two asterisks (**). All costs must comply with the Feder al cost principles . Subconsultants will
provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. Billing rate= actual hourly rate * (1 +ICR) * (1 +Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by
Caltrans. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification .
Page 2 of 4
Januarv 202(
Local Assistance Procedures Manual EXHIBIT D
EXHIBIT 1 0-H2 COST PROPOSAL Page 2 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant
Project No.
Mileage Costs
Black & White Print
Color Print
Mylar Print
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
NOTES :
O'DELL ENGINEERING
County_ of Fresno On-Call
Description of Item
D Prime Consultant
Contract No. TBD
SCHEDULE OF OTHER DIRECT COST ITEMS
Quantity Unit Unit Cost
per mile $
per sheet $
per sheet $
per sheet $
1. 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 client 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 supporting documentation (invoice).
5.ltems listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
[8J Subconsultant
Date 06/08/2020
0.58 $
3.00 $
20.00 $
30.00 $
$
$
$
$
$
$
$
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed ,
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 .
Total
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that that is its 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.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals .
EXHIBIT 10-H2
Cost Proposal
-
-
-
-
-
-
-
-
-
-
-
Page 3 of 4
Jan uarv 2020
Local Assistance Procedures Manual EXHIBIT D Exhibit 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page3of3 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: 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 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 -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 Certifying: Name: Chad Kennedy Title*: Vice President Signature: Date of Certification (mm/dd/yyyy): 6/8/2020 Email: ckennedy@odellengineering.com Phone Number: 209-571-1765 Address: 1165 Scenic Drive Suite A, Modesto CA, 95350 * 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 providing under the proposed contract: Landscape Architecture Page 4 of 4 January 2020
Local Assistance Procedures Manual EXHIBIT E Exhibit 10-K Consultant Annual Certification oflndirect Costs and Financial Management System EXHIBIT 10-K CONSULT ANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: Galvin Preservation Associates Inc. (dba GPA 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 142.43 % 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 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 appli~able 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 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 I 12(b)(2); 48 CFR Part 31.20 l-2(d); 23 CFR, Chapter I, Part l 72. l l(a)(2); 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 E 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 terms 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 l 72. l l(c)(4) • False Claims Act -Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C. Section 1001 • Major Fraud Act -Title 18 U.S.C. Section 1031 All A&E Contract Information; • Total participation amount$ 10,193,792.97 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_1_5 __ _ • Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit • Local Gov't ICR Audit IZI 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 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 l l 2(b)(2). 48 CFR Part 31, 23 CFR Part 172, 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 are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Richard Galvin Title**: Vice President --------------------Signature: Richard Galvin g~~%;~~~~y1~::•~~~-~~-Date of Certification (mm/dd/yyyy): _5_/_5_/2_0_2_0 ____ _ Email**: richard@gpaconsulting-us.com Phone Number**: 310-792-2690 ----------------**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 information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Ca/trans will not process local agency's invoices until a complete Exhibit 10-K form is accepted and approved by Ca/trans Audits and Investigations. Distribution: I) Original -Local Agency Project File 2) Copy -Consultant 3) Copy -Cal trans Audits and Investigations Page 2 of2 March 2018
Local Assistance Procedures Manual EXHIBIT E Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not 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 __________ ¾ and Field Office Rate (if applicable), ________ % Facilities Capital Cost of Money _____ ¾ (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 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 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 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part l 72. l l(a)(2); 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 E 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 terms 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 172.11 (c)(4) • False Claims Act -Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally -Title 18 U.S.C. Section 1001 • Major Fraud Act -Title 18 U.S.C. Section 1031 An A&E Contract Information: • Total participation amount$ 387,000 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 ONE • Years of consultant's experience with 48 CFR Part 31 is_T_E_N __ _ • Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit • Local Gov't ICR Audit • 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 determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C.Section112(b)(2). 48 CFR Part 31, 23 CFR Part 172. 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 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 DigitaDysignedbyKURTLEGLEITER Signature: Dalee 2020.05.22 08c40c27 --07'00' 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 information used to establish the indirect cost rate. Note: Both prime and 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 I 0-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
Local Assistance Procedures Manual EXHIBIT E Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULT ANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: Applied Earth Works, 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 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 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 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1. Part 172. l l(a)(2): 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 E 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 d.7monstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFRPart 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 172.11 (c)(4) • False Claims Act -Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C. Section 1001 • Major Fraud Act -Title 18 U.S.C. Section 1031 An 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_s __ _ • Years of consultant's experience with 48 CPR Part 31 is_z_s __ _ • Audit history of the consultant's current and prior years (if applicable) 0 Cognizant ICR Audit • Local Gov't ICR Audit 0 Caltrans ICR Audit IZI 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 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 l 12(b)(2). 48 CFR Part 31, 23 CFR Part 172, 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 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•~ L B b DigitaUy signed byJenniferL Barbee Signature: 11er ar ee Date:2020.03.3010:36:49-0T00' Email**: jbarbee@appliedearthworks.com --------------------Date of Certification (mm/dd/yyyy): 03/30/2020 Phone Number**: 559-229-1856 x112 **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 information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties 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 -Cal trans Audits and Investigations Page 2 of2 March 2018
Local Assistance Procedures Manual EXHIBIT E Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULT ANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) consultant's Full Legal Name: Avila and Associates Consulting Engineers, 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 ___________ % OR Home Office Rate_1_1_7_._0_9 ______ % and Field Office Rate (if applicable) ________ ¾ Facilities Capital Cost of Money N/A % (if applicable) Fiscal period* January 1, 2018 to December 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 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 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 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1. Part 172.l l(a)(2); 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 E 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 terms 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 172.ll(c)(4) • False Claims Act -Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally -Title 18 U.S.C. Section 1001 • Major Fraud Act -Title 18 U.S.C. Section 1031 An A&E Contract Information: • Total participation amount$ 400,000 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_1 __ _ • Years of consultant's experience with 48 CFR Part 31 is_6 ___ _ • Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit • Local Gov't ICR Audit • 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 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, 23 CFR Part 172, 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 are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Catherine M.C. Avila Title**: President --------------------/ i' · ' I f 6/8/2020 Signature: r a/,{, r,, ?!(-(,., '-' Date of Certification (mm/dd/yyyy): ________ _ Email**: cavila@avilaassociates.com Phone Number**: 925-673-0549 ----------------**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 information used to establish the indirect cost rate. Note: Both prime and 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 I 0-Kform is accepted and approved by Ca/trans Audits and Investigations. Distribution: 1) Original -Local Agency Project File 2) Copy-Consultant 3) Copy -Caltrans Audits and Investigations Page 2 of2 March 2018
Local Assistance Procedures Manual EXHIBIT E Exhibit 10-K Consultant Annual Certification oflndirect Costs and Financial Management System EXHIBIT 10-K CONSULT ANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: Crawford & Associates 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 197 .20 % OR -----------Home Office Rate __________ ¾ and Field Office Rate (if applicable) ________ ¾ Facilities Capital Cost of Money _____ ¾ (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 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 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 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR Chapter 1. Part 172.l l(a)(2); 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 E 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 terms 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 l 72.1 l(c)(4) • False Claims Act -Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally -Title 18 U.S.C. Section 1001 • Major Fraud Act -Title 18 U.S.C. Section 1031 All A&E Contract Information; • Total participation amount$ 8,000,000 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_1 __ _ • Years of consultant's experience with 48 CFR Part 31 is_1_2 __ _ • Audit history of the consultant's current and prior years (if applicable) III Cognizant ICR Audit • Local Gov't ICR Audit • Caltrans ICR Audit III 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 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 l 12(b)(2). 48 CFR Part 31, 23 CFR Part 172, 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 are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Benjamin D. Crawford Title**: President --------------------Signature: P7 ,j ?/'---. Date of Certification (mm/dd/yyyy): 06/05/2020 Email**: ben.crawford@crawford-inc.com Phone Number**: (916) 455-4225 ----------------**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 information used to establish the indirect cost rate. Note: Both prime and 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: I) Original -Local Agency Project File 2) Copy-Consultant 3) Copy -Cal trans Audits and Investigations Page 2 of2 March 2018 ..
Local Assistance Procedures Manual EXHIBIT E Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULT ANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Full Legal Name: O'Dell Engineering, 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 108.91 % OR -----------Home Office Rate __________ ¾ and Field Office Rate (if applicable) ________ ¾ Facilities Capital Cost of Money _____ ¾ (if applicable) Fiscal period * 01/01/2018 to 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 determined to the best of my knowledge and belief that: • All c_osts 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 CFRPart 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 112(b)(2); 48 CFR Part 31.20 l-2(d); 23 CFR, Chapter L Part 172. l l(a)(2); 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 E 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 terms 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 172. 11 ( c )( 4) • False Claims Act -Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally -Title 18 U.S.C. Section 1001 • Major Fraud Act -Title 18 U.S.C. Section 1031 All A&E Contract Information: • Total participation amount $ 6.9 Million 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_6 ___ _ • Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit • Local Gov't ICR Audit • 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 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 l 12(b)(2). 48 CFR Pait 31, 23 CFR Part 172, 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 are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Chad Kennedy Title**: Vice President --------------------Signature: v-J~ Date of Certification (mm/dd/yyyy): 06/08/2020 Email**: ckennedy@odellengineering.com Phone Number**: 209.571.1765 ----------------** 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 information used to establish the indirect cost rate. Note: Both prime and 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: I) Original -Local Agency Project File 2) Copy -Consultant 3) Copy -Cal trans Audits and Investigations Page 2 of2 March 2018
Local Assistance Procedures Manual EXHIBIT F Exhibit 10-S Consultant Performance Evaluation Exhibit 10-S Consultant Performance Evaluation 1. PROJECT DAT A 2. CONSUL TANT 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 of responsibility 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; 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 ( 1 )(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 In 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
1 2 3 4 5 In the matter of EXHIBIT H JB File II 15123 February 231 1999 Resolution 099-086 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO STATE OF CALIFORNIA Adoption of Standard Conflict of Interest 6 Code for All County Departments. Resolution #99-086 7 8 Whereas, the Political Refo1TT1 Act, Government Cede section 81000 et seq .• 9 requires state and local government agencJes to adopt and promulgate conflict of Interest 1 O codes; and 11 Whereas, the Fair Political Practices Commission has. adopted a regulation, 2 12 Calffomla Code of Regulations section 18730, which contains the terms of a standard 13 conflict of interest code, and which may be amended by the Fair Political Practices 14 Commission after public notices and hearings to conform to amendments to the Polltlcal 15 Reform Act; and 16 17 18 19 20 21 22 Whereas1 any local agency may incorporate th!s standard conflict of interest code, and ihereafter need not amend the text of its code to confonn to future amendments to the Politlcal Reform Act or its regulations; and Whereas, the Board of Supervisors Is the code reviewing body for all County departments except courts; and Whereas, the Board of Supervisors may adopt the standard conflict of interest code on behalf of all County departments. Now therefore ~e it resolved, that the i:erms of 2 California Code of Regulations 23 section 18730, and any amendments to it duly adopted by the Fair Political Practices 24 Commission, are hereby incorporated by reference and, along with the Exhibits A and B 25 approved previously, today, or in the future, by this Board for each County department, in 26 which officers and employees are designated and disclosure categories are set forth, 27 28 1
1 2 3 EXHIBIT H J3 constitute the conflict of interest codes of each County department except courts. Conflict of Interest fom,s shall be filed as follows: 1. As required by Government Code Section 87500, subdivision (e), the 4 County Administrative Officer, District Attorney, County Counsel, and Auditor-5 Controllerffreasurer-Tax Collector shall file one original of their statements with the County 6 Clerk, who shall make and retain copies and forward the originals to the Fair Polltical 7 Practices Commission, which shall be the -filing officer. The County Administrative Officer, 8 District Attorney, County Counsel, and Auditor-Contmller/freasurer-Tax Collector shall also 9 file one copy of their statements with the Clerk to the Board of Supervisors. 10 2. As requlred by Government Code secllon 87500, subdivision 0), all other 11 department heads shall file one original of their statements with their departments. The filing 12 officer of each department shall make and retain a copy of the department head's statement 13 end shall forward the orlglnal to the Clerk to the Board of Supervisors. 14 3. All other designated employees shall file one original of their statements with their departments. 15 1-6 All statements shall be public records and shall be made available for public inspection and reproduction. (Gov. Code, § 81008.) 17 18 19 20 21 22 23 Adopted at a regular meeting of the Board of Supervisors, held on the~ day of Pebrua;y • 19..1.2..., by the following vote, to wit Ayes: Supervisors Koligian, Case, a'.rambula, Oken, Levy 24 ATTEST: Noes: None Absent: None SHARI GREENWOOD, CL'ERK 25 'BOA.Im OF SuPERVISORS 26 )r ,..,, 27Byu~~ eputy · 28 File {J 15123 Agenda ./128 Resolution #99-086 2
EXHIBIT H EXHIBIT 11A11 PUBLIC WORKS AND PLANNING Classification Accountant I / II / Senior I Supervising Architect BuHding Inspector I / II Building Plans Engineer Capital Projects Division Manager Chief Accountant Chief Building Inspector Chief of Field Surveys Community Development Manager Consultant Deputy Director of Planning Deputy Director of Public Works Development Services Manager Director of Public Works and Planning Disposal Site Supervisor Engineer I / II / Ill Field Survey Supervisor Geologist l / 11 / Ill Housing Rehabilitation Specialist I / II / Ill Parks and Grounds Superintendent Planner I / II / Ill / Senior/ Principal" Principal Accountant Principal Engineer Principal Housing Rehabilitation Specialist Category 2,3 1 1 1 1 1 1 1 1 • 1 1 1 1 2,3 1 1 1 1 2,3 1 1 1 1
EXHIBIT H Classification Public Works Division Engineer Real Property Agent-Assistant/ Associate / Senior Real Property Manager Resources Manager Road Maintenance Supervisor R~ad Superintendent Senior Architect Senior Economic Development Analyst Senior Engineer Senior Engineering Technician Senior Geologist Senior Information Technology Analyst Staff Analyst I / II / Ill / Senior I Prlnclpal Staff Analyst I-A/ II-A/ Ill-A Supervising Building Inspector Supervising Engineer Supervising Land Surveyor Supervising Water/Sewer Specialist Systems and Procedures Analyst I/ II/ Ill/ Senior Systems and Procedures Manager Traffic Maintenance Supervisor Category 1 1 1 1 2,3 2,3 1 1 1 1 1 1 1 1 1 1 1 1 1 2,3 * Consultants shall be included in the list of designated employees and shall disclose pursuant ta the broadest disclosure category in the code subject to the following limitation: The Director of Public Works and Planning may determine In writing that a particular consultant, although a "designated position," Is hired to perform a range of duties that is limited in scope and thus is not required lo fully comply with the disclos·ure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Director of Public Works and Planning's determination is a public record and shall be retained for public inspection In the same manner and location as this conflict of interest code. "
•·· " EXHIBIT H EXHIBJT "B" PUBLIC WORKS AND PLANNING 1. Persons in this category must disclose all investments, interests in real property and income1 and business positions. Financial interests are reportable only if located within or subject to the jurisdiction of Fresno· Oountyi or ·if the business entity· is-·doing business or planning to do business in the jurisdiction, or has done business within the jurisdictloh at any-iiin'e during the two years ·prt•-r to ··the filing of the statement Real · property shall be deemed to be within the "jurisdiction" of the County if it is located within or not more than two miles outside the boundaries of the County (including its incorporated cities), or within two miles of any land owned or used by the County. 2. Persons in this category shall disclose all investments in, income from, and business positions with any business entity which, within the last two years, has contracted or in the future may forseeably contract with Fresno County through its Publiq Works and Planning Department,.Salid Waste Commissions within the jurisdiction, or to any other joint powers agency which Fresno County Is a member to provide service~. supplies, materials. machinery, or equipment to the County. 3. Persons in the category shall disclose all interests in real property within the jurisdiction. Real Property shall be deemed to be within the jurisdiction if the property or any part of it Is located within or not more than two miles outside the boundaries of Fresno County (including its incorporated cities) or within two mile of any land owned or operated by the County.
Local Assistance Procedures Manual EXHIBIT I EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: • a. contract • a. bid/offer/application • a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: 4. 6. 8. 10. e. loan guarantee f. loan insurance Name and AddrN°"Rfltg ,\_p p D Prime .J... Wsubawardee -r;P, ifk~~um Congressional DistGEX' C 0 Federal Department/ Agency: Federal Action Number, if known: Name and Address of Lobby Entity (If individual, last name, first name, MI) year__ quarter ___ _ date oflast report ___ _ SU, t e iDtD"known 7. Federal Program Nam9oescription: CFDA Number, if applicable ________ _ 9. Award Amount, if known: 11. Individuals Performing Services (including address if different from No. I 0) (last name, first name, Ml) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment ( check all that apply) $ _____ _ D actual D 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 fee c. comm1ss1on 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), employee(s), or member(s) contacted, for Payment Indicated in Item 12: 16. Continuation Sheet(s) attached: (attach Continuation Sheet(s) if necessary) Yes D No D 17. Information requested through 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 transaction 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 $10,000 and not more than $100,000 for each such failure. Federal Use Only: Signature: / ~~ i(i;hard Galvin Print Name: _________________ _ Title: Vics,,ijoe;i}'tfetident Telephone No.: ~3 ..... J....,.0,_-...,_7_,_9-.2-___.2...,.6~9~0'--_ Date: 11/3/2020 Authorized for Local Reproduction Standard Form -LLL Standard Form LLL Rev. 04-28-06 Distribution: Orig-Local Agency Project Files LPP 13-01 Page 1 May 8, 2013
Local Assistance Procedures Manual ATTACHMENT G EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates ifit is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is ~ material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other, specify nature. C 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04 LPP 13-01 Page 2 May8,2013
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: • Pertinent Nondiscrimination Authorities: • litle 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. • lhe 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; • lhe 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); • lhe Civ ii Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of litle VI of the Civil Rights Act of 1964, lhe 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); • litles 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 • The 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 Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).