HomeMy WebLinkAboutAgreement_SWCA.pdf1 2 3 4 5 6 7 8 9 10 CONSUL TANT AGREEMENT THIS AGREEMENT for specialized professional Environmental Consulti Services, h reinafter referred to as the "AGREEMENT," is made and entered into this U --day of 1 _ _,____,.::_.__.....__ __ 2021, by and between the COUNTY OF FRESNO, a political subdivision of the State o California, hereinafter referred to as the "COUNTY"; and SWCA Environmental Consultants, Inc., a California Corporation, whose address is 1422 Monterey Street, Suite B-C200, San Luis Obispo CA 93401, hereinafter referred to as the "CONSUL TANT". WITNESS ETH WHEREAS, the COUNTY desires to retain the CONSULTANT to provide on-call 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 Haagenson, 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 FRESN Fresno, California 11/19/20 1
1 WHEREAS, the individual listed below 2 Bill Henry, Director 3 1422 Monterey Street, Suite B-C100 4 San Luis Obispo, CA 93401 5 (805) 903-1193 6 bhenry@swca.com 7 is designated as the CONSULTANT'S PROJECT MANAGER for the AGREEMENT, and 8 shall remain so unless the CONSULTANT requests and the DIRECTOR approves, in g writing, a change of the CONSULTANT'S PROJECT MANAGER, forwhich 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 CONSUL TANT as an independent 21 contractor to provide all environmental consultant services required for the PROJECT(S). 22 Said services are described generally in Article II and more specifically enumerated in 23 Article Ill herein. 24 B. The CONSULTANT'S services shall be performed as in a manner consistent 25 with professional skill and the orderly progress of the work, based on schedules for each 26 specific PROJECT as mutually agreed upon in advance by the COUNTY'S CONTRACT 27 ADMINISTRATOR and the CONSULTANT. 28 COUNTY OF FRESN Fresno, California 11/19/20 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 CONSULTANT may retain, as subconsultants, specialists as the g CONSULTANT 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 CONSULTANT and affiliated subconsultants shall not submit bids, or 20 sub-bids, for the contract construction phase of the PROJECT assigned to the 21 CONSULTANT. The CONSULTANT 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 ref erred 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 CONSUL TANT provides services 26 hereunder. The CONSULTANT and its subconsultants, and all other service providers, 27 may provide services for, and receive compensation from a CONTRACTOR who has been 28 awarded a construction contract for all or any portion of the PROJECT{S) provided that any COUNTY OF FRESN Fresno, California 11/19/20 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 1 o regulations, as detailed in Exhibit C, attached hereto and incorporated herein. 11 II. DESCRIPTION OF THE WORK COVERED BY THE AGREEMENT 12 A. The work to be performed by the CONSULTANT under the AGREEMENT 13 includes on-call professional services under Article Ill for various PROJECTS, including but 14 not limited to, technical services related to biological, cultural, visual, farmland, water 15 quality, hazardous waste, n,oise, revegetation plans, focused plant or animal surveys, 16 habitat assessment, wetland delineation, and other studies. 17 B. The CONSULTANT agrees to provide the professional services that are 18 necessary for each PROJECTwhen expressly authorized in writing by the COUNTY'S 19 CONTRACT ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the 20 CONSUL TANT has received, from the COUNTY'S CONTRACT ADMINISTRATOR, a 21 written Notice to Proceed as to a specific Task Order, authorizing the necessary service, 22 agreed upon fee, and scope of work. 23 Ill. CONSULTANT'S SERVICES 24 The CONSULTANT shall submit proposals in response to requests issued by the 25 COUNTY'S CONTRACT ADMINISTRATOR on a project-by-project basis. The 26 CONSULTANT'S proposal at a minimum shall include, but not be limited to, staff 27 qualifications, proposed method and schedule for completing the task(s), completed federal 28 forms and a sealed cost proposal. The CONSULTANT· agrees that each professional or COUNTY OF FRESN Fresno, California 11/19/20 4
1 other individual performing work on any such PROJECT(S) shall be adequately trained to 2 perform the work and shall possess the proper license, certification or registration as 3 required by law or by accepted standards of the applicable profession. The CONSULTANT 4 agrees to provide the professional services that are necessary to complete the following 5 tasks when expressly authorized in writing by the COUNTY'S CONTRACT 6 ADMINISTRATOR: 7 8 A. 1. Technical Reports: The 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 CONSULTANT shall prepare and submit technical reports to the 12 COUNTY'S CONTRACT ADMINISTRATOR for each assigned PROJECT. Technical 13 reports shall be prepared in accordance with the appropriate format required by local, state 14 and federal laws, regulations and guidelines. 15 3. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 16 issues for the PROJECT(S) that may be unknown to the COUNTY'S CONTRACT 17 ADMINISTRATOR and communicate these requirements, criteria, or issues to the 18 COUNTY'S CONTRACT ADMINISTRATOR. 19 4. The CONSULTANT 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 forthe 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 CONSULTANT shall assist the COUNTY in determining all permits that 28 may be required for the PROJECT and shall prepare all necessary permits for the COUNTY OF FRESN Fresno, California 11/19/20 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 CONSULTANT shall 5 prepare brief minutes of meetings attended and promptly submit the minutes to the 6 COUNTY'S CONTRACT ADMINISTRATOR within seven (7) days. 7 7. The CONSUL TANT shall submit each technical report to the COUNTY'S 8 CONTRACT ADMINISTRATOR for transmittal to other appropriate agencies for their g review and approval. The CONSULTANT shall revise and resubmit each technical report 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 CONSULTANT shall prepare technical studies and estimates on 8 ½" by 14 11" pages, provide hard copy and electronic format as standard submittal; and prepare 15 documents in Microsoft Word 2010 version or later, Microsoft Excel 2010 version or later, 16 or Adobe 9.0 or later, ARC GIS or other mutually agreed upon format. Such submittals 17 shall be sent via email and furnished on compact disc (CD). The CONSULTANT shall verif 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 CONSULTANT 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 FRESN Fresno, California 11/19/20 6
1 COUNTY'S CONTRACT ADMINISTRATOR. 2 3. The CONSULTANT 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 J\DMINISTRATOR and a review of an g existing schematic layout of PRPJECT(S). 10 2. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 11 issues forthe PROJECT(S) that may be unknown to the COUNTY'S CONTRACT 12 ADMINISTRATOR and communicate these requirements, criteria, or issues to the 13 COUNTY'S CONTRACT ADMINISTRATOR. 14 15 3. 4. The CONSULTANT shall provide surveying, if needed, for the PROJECT(S). The CONSUL TANT shall design the PROJECT(S) to conform to 16 requirements of the reviewing agencies having jurisdiction over the PROJECT(S). 17 5. The CONSULTANT shall design the PROJECT(S) to include mitigation 18 measures included in the environmental document. 19 6. The 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 CONSULTANT shall incorporate into the design, such reasonable design and operational ~ 23 changes as the COUNTY'S CONTRACT ADMINISTRATOR deems appropriate as a result 24 of the COUNTY'S review processes and impact on each PROJECT budget or estimate. 25 7. The CONSUL TANT shall assist the COUNTY in determining all permits that 26 may be required for the PROJECT and shall prepare all necessary permits forthe 27 COUNTY submittal to outside agencies. 28 IV. OBLIGATIONS OF COUNTY COUNTY OF FRESN Fresno, California 11/19/20 7
1 2 The COUNTY will: A. Issue Task Orders on a project-by-project basis. Task Orders will, at a 3 minimum, i•clude a scope of work, location, and schedule for the PROJECT. ( 4 B. Compensate the CONSUL TANT as provided in the AGREEMENT. 5 C. 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 30, version 2013 or later, format to the 19 CONSUL TANT, if available. 20 J. Prepare all legal descriptions and drawings required for right-of-way 21 acquisition and/or temporary construction permits. 22 K. Provide limited assistance to CONSULTANT as may be appropriate in 23 connection with CONSULTANT'S processing of required permits. 24 L. Give reasonably prompt consideration to all matters submitted for approval by 25 the CONSUL TANT to the end that there will be no substantial delays in the 26 CONSULTANT'S program of work. An approval, authorization or request to the 27 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms 28 of the AGREEMENT only if it is made in writing and signed on behalf of the COUNTY by COUNTY OF FRESN Fresno, California 11/19/20 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 s of the execution date. This AGREEMENT may be extended for two additional one-year 6 periods, upon written approval of the DIRECTOR and the CONSULTANT prior to the 7 expiration of the AGREEMENT. The DIRECTOR or his designee is authorized to execute 8 such written approval on behalf of COUNTY based on CONSULTANT'S satisfactory g performance. The CONSULTANT shall commence work promptly after receipt of a notice 10 to proceed issued by the COUNTY'S CONTRACT ADMINISTRATOR. 11 B. The CONSULTANT is advised and hereby acknowledges its understanding 12 that any recommendation for award is not binding on the COUNTY until the AGREEMENT 13 is fully executed following its approval by the COUNTY'S Board of Supervisors. 14 VI. ALLOWABLE COSTS AND PAYMENTS UNDER THIS AND OTHER RELATED ON-15 CALL ENVIRONMENTAL SERVICES CONSUL TANT AGREEMENTS 16 A. Maximum Cumulative Amount Available for Payment Under This 17 AGREEMENT and the Other Related Environmental Services Consultant Agreements: 18 1. COUNTY has or will enter into eight (8) separate agreements, including this 19 AGREEMENT, for performance of the Scope of Services identified in Article Ill 20 hereinabove. The other Agreements are to be entered into by COUNTY with the other 21 seven (7) consultant firms listed, together with CONSUL TANT, on the list of environmental 22 consultant firms attached hereto as Attachment 1. The total amount payable by COUNTY 23 for all the Agreements combined shall not exceed a cumulative maximum total value of 24 Two Million Dollars ($2,000,000) ("NTE Sum"). 25 2. It is understood and agreed that there is no guarantee, either expressed or 26 implied, that this cumulative maximum total dollar amount of Two Million Dollars 27 ($2,000,000) will be authorized under the Environmental Services Consultant Agreements 28 through Task Orders. It is further understood and agreed that there is no guarantee, either COUNTY OF FRESN Fresno, California 11/19/20 9
1 expressed or implied, that any Task Order will be assigned to CONSUL TANT or that 2 CONSULTANT will receive any payment whatsoever, under the terms of this 3 AGREEMENT. Each time a Task Order is awarded under any of the Agreements, the 4 COUNTY shall send written notification to CONSULTANT and each of the other 5 consultants that entered into the Agreements. Each such notice shall identify the 6 cumulative total of funds allocated under all Task Orders issued hereunder as of that date, 7 and the remaining unencumbered amount of the NTE Sum. CONSULTANT acknowledges 8 and agrees that COUNTY shall not pay any amount under this AGREEMENT that would g exceed the NTE Sum, and CONSULTANT shall not enter into a Task Order that exceeds 10 the NTE Sum. 11 12 B. 1. Total Fee: Subject to and consistent with the provisions of the immediately preceding 13 Article VI, Section A, the Total Fee for the services required under this AGREEMENT, shall 14 not exceed the total sum of Two Million Dollars ($2,000,000) over the entire term of this 15 AGREEMENT. Compensation for the services rendered shall be computed at the hourly 16 and cost rates shown in Exhibit D, subject to any adjustments that may be approved in 17 accordance with Article VI, Section B, Paragraph 3. 18 2. The hourly and cost rates listed herein for services rendered by the 19 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 CONSULTANT and by 23 subconsultants of the CONSULTANT and the rates for expenses incidental to the 24 CONSULTANT'S and subconsultant's performance of services may be adjusted no more 25 than once annually for inflation, in accordance with the following provisions: the 26 CONSULTANT may request new labor rates and new rates for expenses incidental to the 27 CONSULTANT'S and subconsultant's performance of services subject to written approval 28 of the COUNTY'S CONTRACT ADMINISTRATOR in accordance with the provisions of this COUNTY OF FRESN Fresno, California 11/19/20 10
1 Article VI, Section B, Paragraph 3. The CONSULTANT shall initiate the rate adjustment 2 process by submitting to the COUNTY'S CONTRACT ADMINISTRATOR a proposed 3 adjusted fee schedule. The proposed adjusted fee schedule shall include proposed hourly 4 rates for all categories of the CONSUL TANT and subconsultants wage classifications and 5 proposed rates for incidental expenses listed in Exhibit D. The proposed adjusted fee 6 schedule shall not take effect unless approved in writing by the COUNTY'S CONTRACT 7 ADMINISTRATOR. The CONSULTANT hereby acknowledges its understanding that 8 approval by the COUNTY'S CONTRACT ADMINISTRATOR of any upward adjustment in g the hourly and cost rates shall not provide a basis for any increase in the total fee of 10 $2,000,000, as set forth in Article VI, Section B, Paragraph 1. 11 4. Expenses incidental to the CONSULTANT'S and subconsultant's 12 performance of services under Article Ill of the AGREEMENT shall be charged at the rates 13 listed in Exhibit D, subject to any adjustments that may be approved in accordance with 14 Article VI, Section B, Paragraphs 3, 5, or 6. Unless incorporated in an adjusted fee 15 schedule approved by the COUNTY'S CONTRACT ADMINISTRATOR in accordance with 16 Article VI, Section B, Paragraphs 3, 5, or 6, all other expenses incidental to the 17 CONSULTANT'S and subconsultant's performance of the services under Article Ill of the 18 AGREEMENTthat are not listed in Exhibit D shall be borne by the CONSULTANT. 19 5. In the event that, in accordance with Article I, Section D, the COUNTY'S 20 CONTRACT ADMINISTRATOR approves the CONSUL TANT to retain additional 21 subconsultants not listed in Exhibit B, hourly rates paid for services performed by such 22 additional subconsultants of the CONSULTANT and the rates for expenses incidental to 23 subconsultants performance of services may be adjusted no more than once annually for 24 inflation, in accordance with Article VI, Section B, Paragraph 3. The first annual adjustment 25 of hourly and incidental expense rates for such additional subconsultants shall not be 26 approved prior to one year after the COUNTY'S CONTRACT ADMINISTRATOR approval 27 of the retention of such additional subconsultant(s) by the CONSULTANT. 28 COUNTY OF FRESN Fresno, California 11/19/20 6. Notwithstanding any other provisions in the AGREEMENT, the COUNTY'S 11
1 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the 2 CONSULTANT'S or subconsultant's charge rates for incidental expenses to include 3 additional categories of such expenses if, in the opinion of the COUNTY'S CONTRACT 4 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S 5 performance of the PROJECT(S). 6 7 C. 1. Payments: Progress payments will be made by the COUNTY upon receipt of the 8 CONSULTANT'S monthly invoices and approval by the COUNTY'S CONTRACT g ADMINISTRATOR thereof based on the COUNTY'S CONTRACT ADMINISTRATOR'S 10 evaluation of the completion of the respective components of the assigned PROJECT. 11 Invoices shall clearly identify the Phase and Task of the work, the date work performed, 12 and shall be submitted with the documentation identified in Article VI, Section C, Paragraph 13 5. Invoices shall be forwarded electronically to: PWPBusinessOffice@fresnocountyca.gov. 14 2. Upon receipt of a proper invoice, the COUNTY'S CONTRACT 15 ADMINISTRATOR will take a maximum of ten (10) working days to review, approve, and 16 submit it to the COUNTY Auditor Controller/Treasurer Tax Collector. Unsatisfactory or 17 inaccurate invoices will be returned to the CONSUL TANT for correction and resubmittal. 18 Payment, less retention, if applicable, will be issued to the CONSUL TANT within forty (40) 19 calendar days of the date the Auditor Controller/Treasurer Tax Collector receives the 20 approved invoice. 21 3. The COUNTY is entitled to withhold a five percent (5%) retention from the 22 CONSULTANT'S earned compensation in accordance with the provisions of Article VII of 23 the AGREEMENT. 24 4. An unresolved dispute over a possible error or omission may cause payment 25 of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY. 26 5. Concurrently with the invoices, the CONSULTANT shall certify (through 27 copies of issued checks, receipts, or other COUNTY pre-approved documentation) that 28 complete payment, less a five percent (5%) retention, except as otherwise specified in COUNTY OF FRESN Fresno, California 11/19/20 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 1 o under the AG REEM ENT for a specific PROJECT ( or discontinues a specific PROJECT), 11 whether due to a deficiency in the appropriation of anticipated funding or otherwise, the 12 CONSULTANT will be compensated on a pro rata basis for actual work completed and 13 accepted by the DIRECTOR in accordance with the terms of the AGREEMENT. 14 VII. RETENTION FROM EARNED COMPENSATION 15 In addition to any amounts withheld under Article 111, the CONSULTANT 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 exam pie) 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 FRESN Fresno, California 11/19/20 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 CONSULTANT shall reimburse the COUNTY, up to a maximum of 6 $10,000 for the actual expense of issuing a Request For Proposal (RFP), engaging a new 7 consultant, and the new consultant's cost in becoming familiar with the previous 8 CONSULTANT'S work. The COUNTY'S entitlement to such reimbursement shall in no wa g be construed as a limitation on other damages that may be recoverable by the COUNTY as 10 a result of the CONSULTANT'S termination, in breach of its obligations hereunder. 11 C. The COUNTY may immediately suspend or terminate the AGREEMENT in 12 whole or in part, where in the determination of the COUNTY there is: 13 14 15 16 17 1. 2. 3. 4. D. An illegal or improper use of funds; A failure to comply with any term of the AGREEMENT; A substantially incorrect or incomplete report submitted to the COUNTY; Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the 18 COUNTY of any breach of the AGREEMENT or any default which may then exist on the 19 part of the CONSULTANT, nor shall such payment impair or prejudice any remedy 20 available to the COUNTY with respect to the breach or default. The DIRECTOR shall have 21 the right to demand of the CONSUL TANT the repayment to the COUNTY of any funds 22 disbursed to the CONSULTANT under the AGREEMENT, which, in the judgment of the 23 DIRECTOR and as determined in accordance with the procedures of Article XVI, were not 24 expended in accordance with the terms of the AGREEMENT. The CONSULTANT 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 FRESN Fresno, California 11/19/20 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 CONSULTANT 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 1 o date, whether completed or not. 11 IX. FUNDING REQUIREMENTS 12 A. It is mutually understqod between the parties that the AGREEMENT may 13 have been written before ascertaining the availability of funds or appropriation of funds, for 14 the mutual benefit of both parties, in order to avoid program and fiscal delays that would 15 occur if the AGREEMENT were executed after that determination was made. 16 B. The AGREEMENT is subject to any additional restrictions, limitations, 17 conditions, or any legislation enacted by the Congress, State Legislature or COUNTY'S 18 Board of Supervisors that may affect the provisions, terms, or funding of the AGREEMENT 19 in any manner. 20 C. It is mutually agreed that if sufficient funds are not appropriated, the 21 AGREEMENT may be amended to reflect any reduction in funds. 22 D. The COUNTY has the option to void the AGREEMENT under the 30-day 23 cancellation clause in Article VIII, Section A, or to amend the AGREEMENT in accordance 24 with Article X, Section A by mutually acceptable modification of its provisions to reflect any 25 reduction of funds. 26 X. CHANGE IN TERMS 27 A. The AGREEMENT may be amended or modified only by mutual written 28 agreement of both parties. Except as provided in Article V, Section A, any such written COUNTY OF FRESN Fresno, California 11/19/20 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 CONSULTANT 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 CONSULTANT must make a good faith effort to 13 replace him/her with another DBE subconsultant if the goal is not otherwise met. 14 B. The CONSULTANT is responsible for being fully informed regarding the 15 requirements of 49 CFR, Part 26 and CAL TRANS' Disadvantaged Business Enterprise 16 program developed pursuant to the regulations, as detailed in Exhibit C, Notice to 17 Proposers DBE Information, attached hereto and incorporated herein. 18 C. A DBE subconsultant may be terminated only with written approval by the 19 COUNTY'S CONTRACT 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, CONSULTANT 23 must make a good faith effort to replace him/her with another DBE subconsultant, if the 24 goal is not otherwise met. 25 XII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS 26 A. The CONSUL TANT agrees that 48 CFR Part 31, Contract Cost Principles 27 and Procedures, shall be used to determine the allowability of individual terms of cost. The 28 CONSULTANT shall sign the Certification of Contract Costs and Financial Management COUNTY OF FRESN Fresno, California 11/19/20 16
1 System, attached hereto and incorporated herein as Exhibit E. 2 B. The CONSULTANT also agrees to comply with Federal procedures in 3 accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, 4 and Audit Requirements for Federal Awards. 5 C. Any costs for which payment has been made to the CONSULTANT that are 6 determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 7 200 are subject to repayment by the CONSUL TANT to the COUNTY. 8 D. When a CONSUL TANT or Subconsultant is a Non-Profit Organization or an g Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform 10 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 11 shall apply. 12 XIII. COVENANT AGAINST CONTINGENT FEES 13 The CONSUL TANT warrants, by execution of the AGREEMENT, that the 14 CONSULTANT has not employed or retained any company or person, other than a bona 15 fide employee working for the CONSUL TANT, to solicit or secure the AGREEMENT; and 16 that CONSULTANT has not paid or agreed to pay any company or person other than a 17 bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other 18 consideration, contingent upon or resulting from the award or formation of the 19 AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right 20 to annul the AGREEMENT without liability, and to pay only for the value of the work 21 actually performed by the CONSULTANT, or alternatively in the COUNTY'S discretion, to 22 deduct from the contract price or consideration, or otherwise recover the full amount of 23 such any such commission, percentage, brokerage fee, gift, contingent fee or similar form 24 of consideration previously paid by the CONSULTANT. 25 XIV. RETENTION OF RECORDS/AUDIT 26 For the purpose of determining compliance with Gov. Code§ 8546.7, the 27 CONSULTANT, Subconsultants, and the COUNTY shall maintain all books, documents, 28 papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and COUNTY OF FRESN Fresno, California 11/19/20 17
1 other evidence pertaining to the performance of the AGREEMENT including, but not limited 2 to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT's 3 Independent CPA, shall make such workpapers and materials available at their respective 4 offices at all reasonable times during the AGREEMENT period and for three (3) years from 5 the date of final payment under the AGREEMENT. The COUNTY, Caltrans Auditor, 6 FHWA, or any duly authorized representative of the Federal government having jurisdiction 7 under Federal laws or regulations (including the basis of Federal funding in whole or in 8 part) shall have access to any books, records, and documents of the CONSULTANT, g Subconsultants, and the CONSULTANT's Independent CPA, that are pertinent to the 10 AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and 11 copies thereof shall be furnished if requested without limitation. 12 XV. AUDIT REVIEW PROCEDURES 13 A. Any dispute concerning a question of fact arising under an interim or post 14 audit of this AGREEMENT that is not disposed of by agreement between the parties, shall 15 be reviewed by the COUNTY'S Auditor/Controller/Treasurer/Tax-Collector. 16 B. Not later than thirty (30) calendar days after issuance of the final audit report, 17 the CONSUL TANT may request a review by the COUNTY'S 18 Auditor/Controller/Treasurer/Tax-Collector of unresolved audit issues. The request for 19 review will be submitted in writing. 20 C. Neither the pendency of a dispute nor its consideration by the COUNTY will 21 excuse the CONSUL TANT from full and timely performance, in accordance with the terms 22 of the AGREEMENT. 23 D. The CONSULTANT and subconsultant agreements, including cost proposals 24 and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, an 25 AGREEMENT Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant 26 (CPA) ICR Audit Workpaper Review. If selected for audit or review, the AGREEMENT, cost 27 proposal and ICR and related workpapers, if applicable, will be reviewed to verify 28 compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances COUNTY OF FRESN Fresno, California 11/19/20 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 CONSUL TANT and approved by the COUNTY'S CONTRACT 5 ADMINISTRATOR to conform to the audit or review recommendations. The CONSULTANT 6 agrees that individual terms of costs identified in the audit report shall be incorporated into 7 the AGREEMENT by this reference, if directed by the COUNTY in its sole discretion. 8 Refusal by the CONSULTANT to incorporate audit or review recommendations, or to 9 ensure that the federal, state, COUNTY, or local governments have access to CPA 10 workpapers, will be considered a breach of the AGREEMENT terms and cause for 11 termination of the AGREEMENT and disallowance of prior reimbursed costs. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/19/20 E. CONSUL TANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the COUNTY'S CONTRACT ADMINISTRATOR to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of this AGREEMENT and disallowance of prior reimbursed costs. 1. During IOAl's review of the ICR audit work papers created by the CONSUL TANT's independent CPA, IOAI will work with the CPA and/or CONSUL TANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, the COUNTY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); GAS (Cost Accounting Standards), if applicable; in accordance with 19
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/19/20 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 hur:idred percent (200%) -the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) -the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSUL TANT's and/or the independent CPA's revisions. 3. If the CONSUL TANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT. 4. 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 CONSUL TANT arising out of or relating to the AGREEMENT. Claims must be 12 made by written notice. The provisions of Government Code section 901, et seq., shall 13 apply to every claim made to the COUNTY. The responsibility to substantiate claims shall 14 rest with the party making the claim. The term "Claim" also includes any allegation of an 15 error or omission by the CONSULTANT. 16 B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the 17 following procedures are established in the event of any claim or dispute alleging a 18 negligent error, act, or omission, of the CONSULTANT. 19 1. Claims, disputes or other matters in question between the parties, 20 arising out of or relating to the AGREEMENT, shall not be subject to arbitration, but shall be 21 subject to the following procedures. 22 2. The COUNTY and the CONSULTANT shall meet and confer and 23 attempt to reach agreement on any dispute, including what damages have occurred, the 24 measure of damages and.what proportion of damages, if any, shall be paid by either party. 25 The parties agree to consult and consider the use of mediation or other form of dispute 26 resolution prior to resorting to litigation. 27 3. If the COUNTY and the CONSUL TANT cannot reach agreement under 28 Section B, Paragraph 2 of this Article XVI, the disputed issues may, upon concurrence by COUNTY OF FRESN Fresno, California 11/19/20 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 CONSULTANT shall again meet and confer and attempt to 16 reach agreement. If the parties still are unable to reach agreement, each party shall have 17 recourse to all appropriate legal and equitable remedies. 18 C. The procedures to be followed in the resolution of claims and disputes may 19 be modified any time by mutual agreement of the parties hereto. 20 D. The CONSULTANT shall continue to perform its obligations under the 21 AGREEMENT pending resolution of any dispute, and the COUNTY shall continue to make 22 payments of all undisputed amounts due under the AGREEMENT. 23 E. When a claim by either party has been made alleging the CONSULTANT'S 24 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and 25 confer within twenty-one (21) working days after the written notice of the claim has been 26 provided. 27 XVII. SUBCONTRACTING 28 COUNTY OF FRESN Fresno, California 11/19/20 A. The CONSULTANT shall perform the work contemplated with resources 22
1 available within its own organization and no portion of the work encompassed by this 2 AGREEMENT shall be subcontracted without written authorization by the COUNTY'S 3 CONTRACT ADMINISTRATOR, excepting only those portions of the work and the 4 responsible subconsultants that are expressly identified in Exhibit B hereto. 5 B. Nothing contained in this AGREEMENT or otherwise, shall create any 6 contractual relationship between the COUNTY and any Subconsultants, and no 7 subcontract between the CONSULTANT and any Subconsultant shall relieve the 8 CONSULTANT of any of its responsibilities and obligations hereunder. The CONSULTANT g agrees to be as fully responsible to the COUNTY for the acts and omissions of its 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 em ployed by the 12 CONSUL TANT. The CONSUL TANT's obligation to pay its Subconsultants is an 13 independent obligation from the COUNTY's obligation to make payments to the 14 CONSUL TANT. 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 FRESN Fresno, California 11/19/20 23
1 not covered in the CONSULTANT'S Cost Proposal; and the CONSULTANT'S request must 2 be accompanied by at least three competitive quotations, unless the absence of bidding is 3 adequately justified, to the satisfaction of the COUNTY'S CONTRACT ADMINISTRATOR 4 in his or her discretion, by written explanation provided by the CONSULTANT with its 5 submittal. 6 C. Any authorized purchase of equipment as a result of the AGREEMENT is 7 subject to the following: 8 1. The CONSULTANT shall maintain an inventory of all nonexpendable g property. Nonexpendable property is defined as having a useful life of at least two years 10 and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement 11 and is sold or traded in, the COUNTY shall receive a proper refund or credit at the 12 conclusion of the contract, or if the contract is terminated, the CONSUL TANT may either 13 keep the equipment and credit the COUNTY in an amount equal to its fair market value, or 14 sell such equipment at the best price obtainable at a public or private sale, in accordance 15 with established C~UNTY procedures; and credit the COUNTY in an amount equal to the 16 sales price. If the CONSULTANT elects to keep the equipment, fair market value shall be 17 determined at the CONSULTANT'S expense, based on a competent independent appraisal 18 of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to 19 by the COUNTY and the CONSUL TANT, if it is determined to sell the equipment, the terms 20 and conditions of such sale must be approved in advance by the COUNTY. 21 2. Federal regulations (2 CFR Part 200) require a credit to Federal funds 22 when participating equipment with a fair market value greater than $5,000 is credited to the 23 PROJECT. 24 XIX. INSPECTION OF WORK 25 The 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 FRESN Fresno, California 11/19/20 24
1 XX.SAFETY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESN Fresno, California 11/19/20 A. The CONSULTANT shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by COUNTY Safety Officer and other COUNTY representatives. The CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Vehicle Code 591, the COUNTY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. XXL INSURANCE A. Without limiting the COUNTY'S right to obtain indemnification from the CONSUL TANT or any third parties, the CONSUL TANT, at its sole expense, shall maintain in full force and effect, the following insurance policies prior to commencement of any work for the COUNTY and, thereafter, throughout the entire term of the AGREEMENT (with the exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full force and effect for the additional period of time required by Paragraph 4 of this Article XXI, Section A). 1. Commercial General Liability Insurance with limits not less than One Million Dollars ($1,000,000} per occurrence and an annual aggregate of not less than Two Million Dollars ($2,000,000}. This policy shall be issued on a per occurrence basis. The COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the AGREEMENT. 2. Comprehensive Automobile Liability Insurance with limits for bodily 25
1 injury of Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred 2 Thousand Dollars ($500,000) per accident and for property damages of Fifty Thousand 3 Dollars ($50,000), or such coverage with a combined single limit of Five Hundred Thousand 4 Dollars ($500,000). Coverage should include owned and non-owned vehicles used in 5 connection with the AGREEMENT. 6 3. Worker's Compensation insurance policy as required by the California 7 Labor Code. 8 4. Professional Liability Insurance: 9 a. If the CONSULTANT employs licensed professional staff in 10 providing services, Professional Liability Insurance with limits of One Million Dollars 11 ($1,000,000) per claim, Three Million Dollars ($3,000,000) annual aggregate. 12 b. The Professional Liability Insurance shall be kept in full force 13 and effect for a period of three (3) years from the date of substantial completion of the 14 CONSULTANT'S work as determined by the COUNTY. 15 C. The CONSULTANT shall obtain endorsements to the 16 Commercial General Liability insurance naming the COUNTY, its officers, agents, and 17 employees, individually and collectively, as additional insured, but only insofar as the 18 operations under the AGREEMENT are concerned. Such coverage for additional insured 19 shall apply as primary insurance and any other insurance, or self-insurance, maintained by 20 the COUNTY, its officers, agents and employees shall be excess only and not contributing 21 with insurance provided under the CONSULTANT'S policies herein. The CONSULTANT 22 shall give the COUNTY at least thirty (30) days advance written notice of any cancellation, 23 expiration, reduction or other material change in coverage with respect to any of the 24 aforesaid policies. 25 d. Prior to commencing any such work under the AGREEMENT, 26 the CONSULTANT shall provide to the COUNTY certificates of insurance and 27 endorsements for all of the required policies as specified above, stating that all such 28 insurance coverage has been obtained and is in full force; that the COUNTY, its officers, COUNTY OF FRESN Fresno, California 11/19/20 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 AG REEM ENT 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 CONSULTANT fails to keep in effect at all times 13 insurance coverage as herein provided, the COUNTY may, in addition to other remedies it 14 may have, suspend or terminate this AGREEMENT upon the occurrence of such event. 15 f. All policies shall be issued by admitted insurers licensed to do 16 business in the State of California, and all such insurance shall be purchased from 17 companies possessing a current A.M. Best, Inc. rating of A and FSC VII or better. 18 XXII. HOLD HARMLESS 19 A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY, its 20 officers, agents, and employees, against the payment of any and all costs and expenses 21 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and 22 liability for bodily and personal injury to or death of any person or for loss of any property to 23 the extent resulting from or arising out of any negligent or wrongful acts, errors or 24 omissions of the CONSULTANT, its officers, agents, and employees, in performing or 25 failing to perform any work, services, or functions under the AGREEMENT. 26 8. The COUNTY and the CONSULTANT hereby declare their mutual intent to 27 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the 28 negligent performance or failure to perform of any construction contractor or subcontractor COUNTY OF FRESN Fresno, California 11/19/20 27
1 involved in the construction of the COUNTY'S PROJECT(S). Such cooperation may 2 include an agreement to prepare and present a cooperative defense after consultation with 3 the CONSULTANT'S professional liability insurance carrier. 4 XXIII. OWNERSHIP OF DATA 5 A. All documents, including preliminary documents, calculations, and survey 6 data, required in performing services under the AGREEMENT shall be submitted to, and 7 shall remain at all times the property of the COUNTY regardless of whether they are in the 8 possession of the CONSULTANT or any other person, firm, corporation or agency. 9 B. The CONSULTANT understands and agrees the COUNTY shall retain full 10 ownership rights of the drawings and work product of the CONSULTANT for the PROJECT 11 to the fullest extent permitted by law. In this regard, the CONSULTANT acknowledges and 12 agrees the CONSULTANT'S services are on behalf of the COUNTY and are "works made 13 for hire," as that term is defined in copyright law, by the COUNTY; that the drawings and 14 work product to be prepared by the CONSULTANT are for the sole and exclusive use of 15 the COUNTY, and that the COUNTY shall be the sole owner of all patents, copyrights, 16 trademarks, trade secrets and other rights and contractual interests in connection therewith 17 which are developed and compensated solely under the AGREEMENT; that all the rights, 18 title and interest in and to the drawings and work product will be transferred to the 19 COUNTY by the CONSULTANT to the extent the CONSULTANT has an interest in and 20 authority to convey such rights; and the CONSULTANT will assist the COUNTY to obtain 21 and enforce patents, copyrights, trademarks, trade secrets, and other rights and contractual 22 interests relating to said drawings and work product, free and clear of any claim by the 23 CONSUL TANT or anyone claiming any right through the CONSUL TANT. The 24 CONSULTANT further acknowledges and agrees the COUNTY'S ownership rights in such 25 drawings or work product, shall apply regardless of whether such drawings or work product, 26 or any copies thereof, are in possession of the CONSULTANT, or any other person, firm, 27 corporation, or entity. For purposes of this AGREEMENT the terms "drawings and work 28 product" shall mean all reports and study findings commissioned to develop the PROJECT COUNTY OF FRESN Fresno, California 11/19/20 28
1 design, drawings and schematic or preliminary design documents, certified reproducibles o 2 the original final construction contract drawings, specifications, the approved estimate, 3 record drawings, as-built plans, and discoveries, developments, designs, improvement, 4 inventions, formulas, processes, techniques, or specific know-how and data generated or 5 conceived or reduced to practice or learning by the CONSULTANT, either alone or jointly 6 with others, that result from the tasks assigned to the CONSULTANT by the COUNTY 7 under the AGREEMENT. 8 C. If the AGREEMENT is terminated during or at the completion of any phase of 9 the PROJECT under Article 111, a reproducible copy of report(s) or preliminary documents 10 shall be submitted by the CONSUL TANT to the COUNTY, which may use them to 11 complete the PROJECT(S) at a future time. 12 D. If the PROJECT is terminated at the completion of a construction document 13 phase of the PROJECT, certified reproducibles on 4 mil thick double matte film of the 14 original final construction contract drawings, specifications, and approved engineer's 15 estimate shall be submitted by the CONSUL TANT to the COUNTY. 16 E. Documents, including drawings and specifications, prepared by the 17 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 CONSULTANT and will be 26 corrected as part of the CONSULTANT'S "Basic Scope of Work." 27 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising 28 out of, or connected with (1) the modification or misuse by the COUNTY or anyone COUNTY OF FRESN Fresno, California 11/19/20 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 CONSUL TANT. 7 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the 8 copyrighting of reports or other products of the AGREEMENT; and provided further, that if g copyrights are permitted; the CONSUL TANT hereby agrees and this AGREEMENT shall 10 be deemed to provide that the Federal Highway Administration shall have the royalty-free 11 nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize 12 others to use, the work for government purposes. 13 XXIV. CLAIMS FILED BY COUNTY'S CONSTRUCTION CONTRACTOR 14 A. If claims are filed by the COUNTY'S CONTRACTOR relating to work 15 performed by the CONSULTANT'S personnel, and additional information or assistance 16 from the CONSULTANT'S personnel is required in order to evaluate or defend against such 17 claims, then the CONSULTANT hereby agrees in such event to make its personnel 18 available for consultation with the COUNTY'S construction contract administration and legal 19 staff and 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 CONSULTANT in order to carry out the AGREEMENT, shall be COUNTY OF FRESN Fresno, California 11/19/20 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 CONSUL TANT to 4 further disclose such information, or disseminate the same on any other occasion. 5 C. The CONSULTANT shall not comment publicly to the press or any other 6 media regarding the AGREEMENT or the COUNTY'S actions on the same, except to the 7 COUNTY'S staff, the CONSULTANT'S own personnel involved in the performance of the 8 AGREEMENT, at public hearings or in response to questions from a Legislative committee. 9 D. The CONSULTANT shall not issue any news release or public relations item 1 o 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 not 14 be disclosed by the CONSULTANT to any entity other·than the COUNTY. 15 XXVI. NATIONAL LABOR RELATIONS BOARD CERTIFICATION 16 In accordance with Public Contract Code Section 10296, the CONSULTANT hereby 17 states under penalty of perjury that no more than one final unappealable finding of 18 contempt of court by a federal court has been issued against the CONSULTANT within the 19 immediately preceding two-year period, because of the CONSULTANT'S failure to comply 20 with an order of a federal court that orders the CONSUL TANT to comply with an order of 21 the National Labor Relations Board. 22 XXVII. EVALUATION OF CONSULTANT 23 The CONSULTANT'S performance will be evaluated by the COUNTY using the form 24 attached as Exhibit F. A copy of the evaluation will be sent to the CONSULTANT for 25 comments. The evaluation together with the comments shall be retained as part of the 26 AGREEMENT record. 27 XXVIII. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION 28 COUNTY OF FRESN Fresno, California 11/19/20 A. The CONSULTANT'S signature affixed herein, and dated, shall constitute a 31
1 certification under penalty of perjury under the laws of the State of California that the 2 CONSULTANT has, unless exempt, complied with the nondiscrimination program 3 requirements of Government Code Section 12990 and Title 2, California 4 Administrative Code, Section 8103. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B. During the performance of this AGREEMENT, CONSUL TANT and its subconsultants shall not deny the AGREEMENT'S benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section12990 et seq.), the applicable regulations promulgated there under (2 CCR Section11000 et seq.), the provisions of California Government Code Sections 11135-11139.5, and the regulations or standards adopted by the COUNTY to implement such article. The applicable regulations o the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), set forth 2 CCR Sections 8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as though fully set forth herein. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the COUNTY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such 27 28 COUNTY OF FRESN Fresno, California 11/19/20 of its books, records, accounts, and all other sources of information and its facilities as said 32
1 Department or the COUNTY shall require to ascertain compliance with this clause. 2 E. CONSULTANT and its Subconsultants shall give written notice of their 3 obligations under this clause to labor organizations with which they have a collective 4 bargaining or other Agreement. 5 F. CONSULTANT shall include the nondiscrimination and compliance provisions 6 of this clause in all subcontracts to perform work under this AGREEMENT. 7 G. The CONSULTANT, with regard to the work performed under this 8 AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 g U.S.C. Section 2000d et seq.). Title VI provides that the recipients of federal assistance will 10 implement and maintain a policy of nondiscrimination in which no person in the United 11 States shall, on the basis of race, color, national origin, religion, sex, age, disability, be 12 excluded from participation in, denied the benefits of or subject to discrimination under any 13 program or activity by the recipients of federal assistance or their assignees and 14 successors in interest. 15 H. The 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 CONSULTANT and subconsultants shall include the nondiscrimination 22 and compliance provisions of this clause in all subcontracts to perform work under the 23 AGREEMENT. 24 J. The 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 27 49 CFR 26 on the bases of race, color, sex, or national origin. In administering the 28 COUNTY components of the DBE Program Plan, CONSUL TANT, subconsultant or COUNTY OF FRESN Fresno, California 11/19/20 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 CONSULTANT responsibility. Disclosures must 20 indicate to whom exceptions apply, initiating agency, and dates of action. 21 C. Exceptions to the Federal Government Excluded Parties Listing System 22 maintained by the General Services Administration are to be determined by the Federal 23 Highway Administration. 24 XXX. COMPLIANCE WITH LAWS AND STATE PREVAILING WAGE RATES 25 A. The CONSULTANT shall comply with the State of California's General 26 Prevailing Wage Rate requirements in accordance with California Labor Code, Section 27 1770, and all Federal, State, and local laws and ordinances applicable to the work. 28 COUNTY OF FRESN Fresno, California 11/19/20 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 CONSULTANT shall disclose any financial, business, or other 10 relationship with the COUNTY that may have an impact upon the outcome of this 11 AGREEMENT, or any ensuing COUNTY construction project. The CONSULTANT shall 12 also list current clients who may have a financial interest in the outcome of this 13 AGREEMENT, or any ensuing COUNTY construction project, which will follow. 14 C. The CONSULTANT hereby certifies that it does not now have, nor shall it 15 acquire any financial or business interest that would conflict with the performance of 16 services under this AGREEMENT. 17 , D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any 18 firm affiliated with the CONSUL TANT will bid on any construction contract, or on any 19 contract to provide construction inspection for any construction the PROJECT resulting 20 from the AGREEMENT; provided, however, that this shall not be construed as disallowing 21 the 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 FRESN Fresno, California 11/19/20 35
1 construction project resulting from this AGREEMENT; provided, however, that this shall not 2 be construed as disallowing subcontractors who have provided design services for the 3 PROJECT from performing, pursuant to this AGREEMENT or other agreement with the 4 COUNTY, construction inspection services on behalf of the COUNTY for the PROJECT. 5 XXXII. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION 6 The CONSULTANT warrants that this AGREEMENTwas not obtained or secured 7 through rebates, kickbacks or other unlawful consideration, either promised or paid to any a COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the g right, in its discretion, to do any of the following: terminate the AGREEMENT without 1 o liability; or to pay only for the value of the work actually performed; or to deduct from the 11 AG REEM ENT price, or otherwise recover the full amount of such rebate, kickback or other 12 unlawful consideration. 13 XXXIII. PROHIBITION OF EXPENDING COUNTY, STATE OR FEDERAL FUNDS FOR 14 LOBBYING 15 A. The CONSULTANT shall sign the lobbying forms, attached hereto and 16 incorporated herein as Exhibit I, as required by the instructions found on each form. 17 B. The CONSULTANT certifies to the best of his or her knowledge and belief 18 that: 19 1. No state, federal or COUNTY appropriated funds have been paid, or 20 will be paid by or on behalf of the CONSUL TANT to any person for influencing or 21 attempting to influence an officer or employee of any state or federal agency; a Member of 22 the State Legislature or United States Congress; an officer or employee of the Legislature 23 or Congress; or any employee of a Member of the Legislature or Congress, in connection 24 with any of the following: 25 26 27 28 COUNTY OF FRESN Fresno, California 11/19120 a. b. C. d. the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, or 36
1 e. the extension, continuation, renewal, amendment, or 2 modification of any state or federal contract, grant, loan, or cooperative agreement. 3 2. If any funds other than federally appropriated funds have been paid, or 4 will be paid to any person for influencing or attempting to influence an officer or employee 5 of any federal agency; a Member of Congress; an officer or employee of Congress, or an 6 employee of a Member of Congress; in connection with this federal contract, grant, loan, or 7 cooperative agreement, then the CONSULTANT shall complete and submit Standard 8 Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 9 C. The certification required by the provisions of this Article is a material 10 representation of fact upon which reliance was placed when this transaction was made or 11 entered into. Submission of this certification is a prerequisite for making or entering into this 12 transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file the 13 required certification shall be subject to a civil penalty of not less than $10,000 and not 14 more than $100,000 for each such failure. 15 D. The CONSULTANT also agrees by signing this document that he or she shall 16 require that the language of this certification be included in all lower-tier subcontracts, 17 which exceed $100,000, and that all such sub-recipients shall certify and disclose 18 accordingly. 19 XXXIV. INDEPENDENT CONTRACTOR 20 A. In performance of the work, duties and obligations assumed by the 21 CONSULTANT under the AGREEMENT, it is mutually understood and agreed that the 22 CONSUL TANT, including any and all of the CONSULTANT'S officers, agents, and employee 23 will at all times be acting and performing as an independent contractor, and shall act in an 24 independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, 25 or associate of the COUNTY. Furthermore, the COUNTY shall have no right to control or 26 supervise or direct the manner or method by which the CONSUL TANT shall perform its work 27 and function. However, the COUNTY shall retain the right to administer the AGREEMENT so 28 as to verify that the CONSUL TANT is performing its obligations in accordance with the terms COUNTY OF FRESN Fresno, California 11/19/20 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 orto this AGREEMENT. 14 XXXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS 15 This provision is only applicable if the CONSULTANT is operating as a corporation 16 (a for-profit or non-profit corporation) or if during the term of the AGREEMENT, the 17 CONSULANT changes its status to operate as a corporation. Members of the 18 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they 19 are a party to while the CONSULTANT is providing goods or performing services under the 20 AGREEMENT. A self-dealing transaction shall mean a transaction to which the 21 CONSULTANT is a party and in which one or more of its directors has a material financial 22 interest. Members of the Board of Directors shall disclose any self-dealing transactions to 23 which they are a party, by completing and signing a Self-Dealing Transaction Disclosure 24 Form, attached hereto and incorporated as Exhibit J and submitting it to the COUNTY prior 25 to commencing with the self-dealing transaction or immediately thereafter. 26 XXXVI. NOTIFICATION 27 All notices hereunder and communications regarding interpretation of the terms of 28 the AGREEMENT and changes thereto, shall be effected by the mailing thereof by COUNTY OF FRESN Fresno, California 11/19/20 38
1 registered or certified mail, return receipt requested, postage prepaid, and addressed to the 2 COUNTY'S CONTRACT ADMINISTRATOR and the CONSULTANT'S Project Manager 3 identified on Pages 1 and 2 of this AGREEMENT. 4 XXXVII. NON-ASSIGNMENT 5 Neither party shall assign, transfer or sub-contract the AGREEMENT or any of its 6 respective rights or duties hereunder, without the prior written consent of the other party. 7 XXXVIII. CONSULTANT'S LEGAL AUTHORITY 8 Each individual executing or attesting the AGREEMENT on behalf of the 9 CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly 10 authorized by or in accordance with the CONSULTANT'S corporate by-laws to execute or 11 attest and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii) that the 12 AGREEMENT, once he or she has executed it, is and shall be binding upon such 13 corporation. 14 XXXIX. BINDING UPON SUCCESSORS 15 The 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 FRESN Fresno, California 11/19/20 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 CONSULTANT and the COUNTY, and each of them, do hereby agree 10 to diligently perform in accordance with the terms and conditions of the AGREEMENT, as 11 evidenced by the signatures below. 12 \\\ 13 \\\ 14 \\\ 15 \\\ 16 \\\ 17 \\\ 18 \\\ 19 \\\ 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 COUNTY OF FRESN Fresno, California 11/19/20 40
t:.XHl~II A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
Table 1. Key Personnel Qualifications. Your project will be efficiently executed by a Project Management Team and Discipline Leads with extensive experience with federal and Fresno County
transportation projects and the Ca/trans Local Assistance program, including a former Ca/trans District Branch chief, expertise in the requisite environmental resource areas, and familiarity with
relevant state and federal agencies.
TEAM MEMBER , ROLE , YEARS OF
EXPERIENCE , AND EDUCATION
SWCA ENVIRONMENTAL CONSULTANTS
----~---~--------
Project Principal/Primary Contact
BILL HENRY, AICP I PROJECT PRINCIPAL/
DIRECTOR (30 YEARS)
M.C.R.P., City and Regional Planning
B.S., Natural Resources Management
LICENSES , CERTIFICATIONS , AND
MEMBERSHIPS
• American Institute of Certified Planners
• Association of Environmental Professionals
• American Planning Association
• Bay Foundation, Board Member
., ~
AREAS OF EXPERTISE .
• Environmental studies
• NEPA/CEQA analysis and compliance
• Consultation/coordination with other
agencies
• Program management
• Environmental mitigation management and
compliance
Page I A-9
RELEVANT PROJECT EXPERIENCE ..
.. L ,
• Fresno Canal Bridge Replacement Initial Site Assessment
(ISA)
• Alta Main Canal ISA
• Sand Creek ISA
• James Bypass Bridge Replacement Biological Surveys
• James Bypass Bridge Replacement Environmental
Services
• Eight Transportation Facility ISAs
• Fruit Ave/Barstow Ave Traffic Signal Modification Intelligent
Speed Adaptation
• Bethel/Mountain View Traffic Signal Modification Intelligent
Speed Adaptation
• San Diego Avenue Kit Fox Pre-construction Survey
• Jacalitos Creek Bridge Replacement Project
Environmental Services
• Wahtoke Creek Bridge Replacement Project
Environmental Services
• Golden State Blvd Visual Assessment
• Delta Mendota Canal Bridge R~placement Noise Memo
• Travers Creek Bridge Replacement Noise Memo
• Fresno County Joint Seals Biological Monitoring
l=XHll::::511 A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
--------·-------·· ~--
TEAM MEMBER , ROLE , YEARS OF LICENSES , CERTIFICATIONS , AND
EXPERIENCE, AND EDUCATION MEMBERSHIPS AREAS OF EXPERTISE RELEVANT PROJECT EXPERIENCE -____ ---.:..,.__ -------. ----~---------·-· ------· -------· --•-----------
Project Managers
JON CLAXTON I PROJECT MANAGER/
NATURAL RESOURCES TEAM LEAD
(19YEARS)
B.S., Biological Sciences
• Plant Voucher Collecting Permit; CDFW, • Section 7 Consultation
2081(a)-09-04-V • Environmental impact analysis
• Scientific Collecting Permit; CDFW, SC-7285 • Sensitive species consultation
• Wetland Delineation Training; USAGE • Caltrans compliance documents and Local
• Approved Primary Fisheries Biologist ; NOAA Assistance Programs
Fisheries • Constraints and feasibility study reports
• Association of Environmental Professionals • Wetland delineations
Page I A-10
• Caltrans Environmental Generalist On-call Services
• Wahtoke Creek Bridge Replacement Environmental
Services and Monitoring
• James Bypass Bridge Replacement Environmental
Services
• Task Order (T .O. 44) Mendota SR-180 Biological
Monitoring
• Mission Canyon Bridge Replacement Environmental
Services
• Dover Canyon Road at Jack Creek Bridge Replacement
Environmental Services
• Via Avenue Bridge Replacement Environmental Services
• Santa Lucia Road Bridge Replacement Environmental
Services
• El Camino Real Bridge Replacement Environmental
Services
• Branch Mill Bridge Replacement Environmental Services
• River Grove Bridge Replacement Environmental Services
• Main Street Bridge Replacement Environmental Services
• T.O. 39 Merced River Bridge Replacement Environmental
Services
• Hollister Road Bridge Replacement Environmental
Services
• Bello Street Bridge Replacement Environmental Services
• Bridge Street Bridge Replacement Environmental Services
l:::.XHll:jll A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
-----------------
TEAM MEMBER , ROLE , YEARS OF LICENSES , CERTIFICATIONS, AND
EXPERIENCE, AND EDUCATION MEMBERSHIPS AREAS OF EXPERTISE RELEVANT PROJECT EXPERIENCE
__ .., ________ -4 --'------~---·---------------·•-·-· --·. ----·----~-·---·----------------, __ ., ----- -·---•--· --_...... __
JACQUELINE MARKLEY, AICP I PROJECT
MANAGER/ ENVIRONMENTAL
PLANNER (14 YEARS)
M.S., Environmental Management
B.S., Environmental Studies, emphasis in
Ecology and Conservation, minor in
Anthropology
• Plant Voucher Collecting Permit; CDFW, No . • NEPA/CEQA compliance
2081(a)-14-031-V • Sensitive species surveys
• Authorized User; California Historical • Regulatory permitting
Resources Information System, No. 271 • Environmental compliance monitoring
• Wetland Delineation Certification; USACE • Habitat Restoration
• Association of Environmental Professionals
• American Planning Association
'Piltii,ifuiJ X~in&&;:'.;+\;.;:,:~i~l2:..:•;~c_: __ : ~~,~-----------•
EMILY CREEL, J.D, I PLANNING TEAM LEAD • Member of the State Bar of California
(14 YEARS) • Association of Environmental Professionals,
J.D., Focused Studies on Property, Land
Use, and Environmental Law
B.A., Political Science
Responsibilities : Project management ,
environmental document preparation,
planning support, public meetings and
hearings
Channel Counties Chapter Legislative
Committee Representative
• Project management
• Environmental law and studies
• CEQA analysis and compliance
• Design of mitigation measures
• CEQA litigation and case law precedence
Page I A-11
• Wahtoke Creek Bridge Replacement Project
Environmental Services
• Jacalitos Creek Bridge Replacement Project
Environmental Services
• James Bypass Bridge Replacement Project Environmental
Services
• El Camino Real Bridge Replacement Environmental
Services
• Bello Street Bridge Replacement Environmental Services
• Bridge Street Bridge Replacement Environmental Services
• Grover Beach Train Station Expansion Environmental
Services
• SR-1/ SR-41/Main Street Interchange Improvement Project
Environmental Services
• Graves Creek Bridge at Santa Lucia Road Bridge
Replacement Project Environmental Services
• Atascadero Creek Bridge at Via Avenue Bridge
Replacement Project Environmental Services
--------
• Galt SR99/Twin Cities Rd Interim Improvements
Environmental Services
• State Street Undercrossing at US 101 Environmental
Services
• Mission Canyon Bridge Replacement Project
Environmental Services
• Bob Jones Pathway Permitting Assistance
• Prado Road Bridge Widening Environmental Services
• Via Avenue Bridge Replacement Regulatory Permitting
• Rincon Trail NEPA Technical Studies
• Lopez Drive Bridge Seismic Retrofit Project Engineering
Services
• SR-1/ SR-41/Main Street Interchange Improvement
Environmental Services
• City of Pismo Beach General Plan Circulation Element
Update
l::.XHll:::ill A
' On-Call Environmental Consultant Services for Various Public Works Projects SWCA PART A: STATEMENT OF QUALIFICATIONS
----------
TEAM MEMBER, ROLE, YEARS OF LICENSES, CERTIFICATIONS, AND • .
EXPERIENCE, AND EDUCATION MEMBERSHIPS AREAS OF EXPERTISE RELEVANT PROJECT EXPERIENCE .. __ ..........__._=..;._________ ~~---•~---~-----••-••••----•-..----.,;-_.__ . .__ •~-"••-----••-.__-.-.~-...... ~~-•-----'•--__ _.. ...... , __ ~_c-._ ••----'---, -•-••-·· ••••--••·•------~•-•-~------
GARY RUGGERONE I NEPA SPECIALIST
(41 YEARS)
M.A., Biology; e: Population/ Aquatic
B.S., Biological Sc iences
• Certified NEPA Quality Control Reviewer
• Caltrans Superior Accomplishment Awards
(1994,2001 ,2003,2010)
• FHWA Environmental Excellence Award for
Leadership
• Caltrans 2010 Emerson Rhyner Award
SHAWN GAVER I SENIOR ENVIRONMENTAL • American Plann ing Association
PLANNER (17 YEARS) • Association of Environmental Professionals
M.A., Urban and Environmental Planning
B.S., Environmental Analysis and Planning,
m: Biology
BRANDI CUMMINGS I ENVIRONMENTAL
PLANNER (6 YEARS)
M.C .R.P. in progress, City and Regional
Planning
B.S., Environmental Management and
Protection
• American Planning Association
• Treasurer , Association of Environmental
Professionals
• CEQA/NEPA compliance
• Endangered Species Act compliance
• Natural resource management
• Department of Transportation Act,
Section 4(n
• Biology
• Ecology
• Environmental planning
• Wetland ecology
• CEQA Compliance
• EIS/EIR Project Management for Urban Infill,
Specific/Master Plan , Port Infrastructure ,
Park Expansion/Trail Extension, and
Groundwater Development Projects
• Land Use Planning and Policy Analysis
• Mitigation Monitoring Plans
• Agency Consultation/Coordination
• Technical Assessment and Reporting
• CEQA compliance
• Environmental impact analysis
• Environmental planning and permitting
Page I A-12
• James Bypass Bridge Replacement Environmental
Services
• Wahtoke Creek Bridge Replacement Environmental
Serv ices
• T.O. 39 Merced River Bridge Replacement Environmental
Serv ices
• Mission Canyon Bridge Replacement Environmental
Serv ices
• Via Avenue Bridge Replacement Env ironmental Services
• Santa Lucia Road Bridge Replacement Environmental
Services
• Brisco-Halcyon Road/U .S. 101 Interchange Improvements
IS/MND and EA
• Santa Monica Airport Park Expansion Project EIR
• County of Santa Barbara Cannabis Land Use Ordinance
and Licensing Program Final EIR
• Crystal Geyser Roxane Cabin Bar Ranch Water Bottling
Facility EIR
• Escondido Canyon Park to Murphy Way Connector Trail
Project MND
• Malibu Jewish Center and Synagogue MND
• Santa Monica 423-429 Ocean Avenue EIR
• Brisco-Halcyon Road Interchange Modification Project
• State Street Underscrossing at US 101 Environmental
Services
• County of San Luis Obispo Cannabis Regulatory Program
• CEMEX Property Local Costa! Program Amendment
Assistance
• Mondo Cannabis Cultivation Operations ISMND
• Cabrillo Water Tank Replacement Environmental Services
• SerraMonte Townhomes Environmental Services
• Northman Property Environmental Services
l::.XHl~I I A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
-~ ----·-----------
TEAM MEMBER, ROLE , YEARS OF LICENSES, CERTIFICATIONS , AND
EXPERIENCE , AND EDUCATION MEMBERSH IPS AREAS ·oF EXPERTISE RELEVANT PROjECT EXPERIENCE .·;
---·-·••--~-~.---•-·--··--~•--•-. n-.:.... ·-----•··-~•~-•••---·--·" --------• --•--•· -·· -~•••-••-•·•• •-••·--• -----·-_,J -----· •
KATIE FURSTOSS I ENVIRONMENTAL
PLANNER (6 YEARS)
B.A., Humanities
CASSIDY WILLIAMS I ENVIRONMENTAL
PLANNER (3 YEARS)
B.S., Environmental Management and
Protection; m: City and Regional
Planning
Ecological Resto ra tion Team
• Urban Land Institute, Member • Project management
• Mitigation planning and banking
• Land use planning
• Habitat Restoration Plan review, submittal,
and implementation coordination
• Fire Protection Plans and Fire Management
Plans review and coordination
• Association of Environmental Professionals • Environmental impact analysis
• CEQA documentation
• Canyon Lane Roadway Improvements EIR
• Estrella Substation and Paso Robles Area Reinforcement
Project Proponent's EA
• Suncrest Dynamic Reactive Power Support Project
Proponent's EA
• Concord Reuse Project Specific Plan CEQA Analysis
• PG&E Pipeline Corrosion Project
• Prado Road Bridge Widening Environmental Services
• Via Avenue Bridge Replacement Regulatory Permitting
• Lopez Drive Bridge Seismic Retrofit Project Engineering
Services
• Kern River Bike Trail Western Expansion Environmental
Services
• Dover Canyon Road at Jack Creek Bridge Replacement
Project
• Via Avenue Bridge Replacement Project Environmental
Services
• Santa Lucia Road Bridge Replacement Project
Environmental Services
• El Camino Real Bridge Replacement Environmental
Services
-... ' -·•·~
LAURA MORAN, M.U.P. I SENIOR
ECOLOGICAL RESTORATION TEAM
LEAD (34 YEARS)
B.L.A./M.U.P., Urban Planning
B.S., Biology
• California Climate College; CDFW
• Habitat Evaluation Procedure (HEP)
Certification; USFWS
• California Rapid Assessment Methodology
(eRAM) Certified
• Wetland Delineation Certification
• Climate Smart Riparian Restoration
Certification
• Society for Ecological Restoration
• California Native Plant Society
• Society of Wetland Scientists
• CEQA/NEPA compliance
• Ecological restoration
• Wetland restoration, delineation, and
mitigation
• Biology
• Climate science
• Permitting strategy
Page I A-13
• Lucky Day Ranch Wildlife Conservation and Wetlands
Mitigation Bank
• Fairfield Mitigation Bank Site Assessment
• Tolay Lake Master Plan
• Joseph D. Grant County Park California Red-Legged Frog
and California Tiger Salamander Pond Improvements
• Claremont Hills Wilderness Area Master Plan
• Marin County Parks Inclusive Access Plan
• American River Parkway Natural Resources Management
Plan
MARK BRANDI, R.L.A., CERP, QSD/QSP I
SENIOR RESTORATION ECOLOGIST
(17YEARS)
MDes, Landscape Planning and Ecology
B.S., Landscape Architecture
l:.XHll::11 I A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
• Certified Ecological Restoration Practitioner
(CERP), California; Society for Ecological
Restoration
• Landscape Architect, California No. 5591
• Qualified SWPPP Practitioner/ Developer
(QSP/QSD), California No. 24145; California
Stormwater Quality Association
• Restoration Ecology
• Landscape Planning
• Landscape Architecture
• Biological Assessments
• Environmental Permitting
--~------~-
• Kern County Solar Development Critical Issues Analysis
• California Department of Off-Highway Motor Vehicles
Stormwater Compliance
• Suncrest Dynamic Reactive Power Support Project
• Belle Aire Tidal Marsh Restoration Project
• Tolay Lake Regional Park Master Plan
• Santa Clara County Bridges Riparian Restoration Project
• Marin County Parks Inclusive Access Plan
Biol~gical Resources Tea~-~
AMANDA EHRENKRANTZ, B.A. I SENIOR
WILDLIFE ECOLOGIST (18 YEARS)
B.A. cum /aude, Environmental Science
• Advanced Acoustic Analysis, Bats R Us ;
2012
• Bat Conservation and Management, Bat
Conservation International; 2010
• AnaBat Survey and Equipment Training,
Northtronics USA; 2008
• Bat capture and acoustic survey techniques
• Aerial surveys for raptors, greater sage-
grouse, and big game
• Threatened, endangered , and sensitive
species surveys and in yentories
• Endangered Species Act compliance
• Pre-and post-construction wildlife monitoring
for wind energy projects
• NEPA compliance
• Energy development, land development,
airport expansion and construction, and
roads
Page I A-14
• Mountain View Corridor Transportation EIS
• Coal Creek Parkway Restoration Project EIS
• Legacy Parkway Phase II Construction and Design
• Provo Orem Bus Rapid Transit EIS
• Kahekili Road Widening EA Support
• 1-84 Multi-Use Trail EA
• Wainiha Bridges Environmental Studies
• Kilauea Bicycle and Pedestrian Access Alternatives EA
• Kahului Airport (OGG) Runway Reconstruction EA
• PG&E Cressey -Gallo 115kV Power Line Project
• Contra Costa-Moraga 230kV Reconductoring Project Avian
Surveys
• Natural and Cultural Support for the Gordon Mull
Subdivision
• Magnolia Street IS/MND
l::XHlt:SI I A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
TEAM MEMBER, ROLE , YEARS OF LICENSES , CERTIFICATIONS , AND
EXPERIENCE , AND EDUCATION MEMBERSHIPS AREAS OF EXPERTISE RELEVANT PROJECT EXPERIENCE · -~,---~--·---···'--·-··.--......._-----.-----------~-----·-.... -----·--·--•-------------~-----------•'-·•"'~~-------·--·--------------· --,-.,--~-------•·-•-----••-·---. ---~-------
GEOFF HOETKER I SENIOR BIOLOGIST/
WETLANDS SPECIALIST (21 YEARS)
M.S., Biological Sciences
B.S ., Biology
TRAVIS BELT I SENIOR BIOLOGIST/
WETLANDS SPECIALIST (18 YEARS)
B.S., Forestry and Natural Resources
Management;
c: Watershed and Fire Management
• Scientific Collecting Permit, CDFW; SC-
005046
• CDFW Plant Voucher Collecting Permit
(2081(a)-17-114-V); CA
• USFWS Threatened and Endangered
Species Recovery Permit (TE824123-7); CA
• California Red-Legged Frog Workshop,
Alameda County Conservation Partnership;
2005
• Arid West Wetland Delineation Training,
USACE; 2006
• Biological resources technical reports
• Caltrans Natural Environment Studies and
Biological Assessments
• CEQA/NEPA documentation
• Global Positioning System (GPS) resource
mapping
• Permitting
• Project management
• Special-status species surveys
• Wetland delineation reports, mitigation, and
monitoring plans
• Plant Voucher Collecting Permit; CDFW, • Land rehabilitation, mitigation design, and
2081 (a)-16-039-V monitoring
• Scientific Collecting Permit; CDFW, SC-9726 • Wetland delineations
• Wetland Delineation Certification; USACE
• Morro shoulderband snail 10(a)(1)(A)
Recovery Permit; USFWS, TE-824123-7
• Qualified Wildlife Hazard Assessment
Biologist
• Association of Environmental Professionals
• sensitive species surveys and monitoring
• CEQA analysis, habitat assessments, and
mitigation measure design
Page I A-15
• Salinas River Bridge Seismic Retrofit Environmental
Services
• Old Creek Bridge Replacement Environmental Services
• Trout Creek Bridge Replacement Environmental Services
• Linden-Casitas Interchanges (Carpinteria Creek Bridge
Replacement) Environmental Services
• T.O. 39 Merced River Bridge Replacement Environmental
Services
• Hwy 1 Auxiliary Lanes State Park to Freedom Boulevard
Environmental Services
• Task Order 18 -Kern River Bike Path PS&E and
Construction Support
• Task Order 1 -Kern River Bike Trail Extension Blunt-
Nosed Leopard Lizard Surveys
• Fresno Yosemite Airport Taxiway Realignment Biological
Resource Studies
• Prado Road Bridge Widening Environmental Services
• Elk Hills Road Shoulder Construction Environmental
Services
• King CiJy Combined Projects Vegetation Clearing
• Fresno Yosemite Airport Taxiway Realignment Biological
Resource Studies
• Task Order 2 -Salsipuedes Creek Bridge Scour Mitigation
Environmental Services
• Hwy 1 Aux Lanes Project -41 st to Sequel Environmental
Services
• Task Order 3 -Highway 46 Corridor Improvement -Wye
Segment Environmental Services
• Task Order 24 -Piedras Blancas Biological Monitoring
• Kern Valley Airport Environmental Services
• Kern River Bike Trail Western Expansion Environmental
Services
l::.XHl~II A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
--------------------------------
TE ~M_MEMBER , ROLE , YEARS OF LICEN~ES , CERTIFICATIONS , AND ~-. .. . ~ _
EXPERIENCE, AND EDUCATION MEMBERSHIPS . AREAS OF EXPERTISE RELEVANT PROJECT EXPERIENCE
_.......__..:..--• -•--••--•-·•-~ L-•<•··• •• ·•-••--· . --•·•-----····=-"----•••--•~---•-=•·-••--=-•---_._ ___ . ~•-~•--•-· ••• ··•-···•••-•~---•-~---___;_ ··•• -__ _,_ -••----•----"• - -~ ~--•·• ---··•••-·-
KRISTEN OUTTEN I SENIOR BIOLOGIST
(14 YEARS)
B.A., Environmental Studies; e: Natural
Resource Management
• Scientific Collecting Permit; CDFW,
SC-12947
• Qualified SWPPP Practitioner (QSP); 24981
• Certified Erosion, Sediment, and Storm
Water Inspector (CESSWI); 3851
• Wilderness First Aid/CPR Certified
• Wildland Fire-Fighting Red Card
Certification; California Department of
Forestry and fire Protection
JESSIE HENDERSON-McBEAN I BIOLOGIST • Scientific Collecting Permit; CDFW,
(11 YEARS) SC-13432
B.S., Wildlife, Fish and Conservation Biology • California Red-legged Frog Workshop
Alameda County Resource Conservation
District
• California Tiger Salamander Workshop;
Elkhorn Slough Coastal Training Program
• CEQA Essentials Workshop; Association of
Environmental Professionals (AEP)
• Burrowing Owl Workshop Training; Elkhorn
Slough Coastal Training Program
• 50 Plant Families in the Field: Monterey Bay;
Jepson Herbarium
• Wetland conservation and habitat restoration • Highway 33 Road Repair Environmental Services
• Biological surveys, monitoring, and • Highway 1 Culvert Repair Nesting Bird Survey
assessment • Highway 1 Aux Lanes Project -41 st to Soquel
• Special-status species surveys
• Salmonids surveys
• Invasive species management
• Environmental compliance monitoring
• Wetland delineation
• Environmental compliance monitoring
(construction monitoring)
• Mammalogy I mammal identification
• Threatened and endangered species and
natural resource surveys
• CEQA/NEPA compliance
• Bird identification
• Radio telemetry
Page I A-16
Environmental Services
• Highway 236 Slipout Repair Biological Monitoring
• Highway 1 PM 24.76 Culvert Repair Project Environmental
Permitting and Compliance
• Highway 17 PM 10.4 Slide Repair Environmental Services
• Big Sur Mudslides Emergency Repair Biological Services
• Highway 68 Sink Hole Emergency Repair Environmental
Compliance Support
• Half Moon Bay Airport Electrical Upgrade Biological and
Cultural Resources Studies
• Via Avenue Bridge Replacement Regulatory Permitting
• Lerdo and Garces Highways Resurfacing Project Biological
Monitoring
• Kern River Bike Trail Western Expansion Environmental
Services
• Big Sur Mudslides Emergency Repair Biological Services
• Highway 68 Sink Hole Emergency Repair Environmental
Compliance Support
• Hwy 1, 9, 35, 236 Emergency Repair Environmental
Compliance Support
• Via Avenue Bridge Replacement Project Environmental
Services
• Meadows Field Airport Runway and Taxiway Rehabilitation
Biological Monitoring
t:.XHl~I I A
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
-·----------
TEAM MEMBER, ROLE, .YEARS OF LICENSES, CERTIFICATIONS, AND .
, ~ ' .. " •---• • -a•-. -. . . -
EXPERIENCE, AND EDUCATION , ....... MEMBERSHIPS AREAS OF EXPERTISE RELEVANT PROJECT EXPERIENCE '
~--~-.,.,. •••• ,. ...... ,. ~1.:-• • ··-•.•~1;..!:.il..l:_..:.:: . ..-, . • · __ i .•. _c..· •. ,. ------· ~-·-----•·--------.:-~ ....-.; ___ , ___ ... -------, ___ ~----· ----•--__ _........__ --
ANGELICA OREGEL, B.S, I ECOLOGIST
(4 YEARS)
B.S., Environmental Science, e: Ecology
, A.S., Environmental Science
• Practical Experience in Ecological
Restoration; California Coastal Commission,
Newport Bay Conservancy , and Fullerton
College
• Plankton Culturing, Sampling and
Identification Techniques; Fullerton College
STEM Program
• Interdisciplinary Nature of Science Seminar
(including field work); California State
University Desert Studies Center at Z:zyzx
• Field surveys
• Monitoring
• Restoration
• Vegetation Mapping
• Water Quality
----------------
Cultural Resources Team --------..... ---
LEROY LAURIE I CULTURAL RESOURCES
TEAM LEAD / SENIOR
ARCHAEOLOGIST (18 YEARS)
B.S., Social Sciences
• Society for California Archaeology
• Association of Environmental Professionals
NATHAN STEVENS, PH.D., RPA I CULTURAL • Register of Professional Archaeologists
RESOURCES PRINCIPAL
INVESTIGATOR (21 YEARS)
• CEQA/NEPA and NHPA Section 106
compliance
• Archaeological survey, excavation,
monitoring
• Archival research, surveys, and excavations
• Cultural resources management
• Molluscan identification and analysis
• Cultural resources management
• California history and archaeology
• CEQA and NHPA Section 106/110
compliance
• Confidential Substation Expansion Environmental
Compliance Management Plan •
• PG&E Vegetation Management and Fire Abatement
Program
• California State Parks, North Coast Redwood District
Natural Resources Projects
• California State Parks, Balsa Chica Ecological Reserve
Natural Resources Projects
• Fresno Yosemite International Airport Passenger Terminal
Cultural Resources Studies
• Fresno Yosemite Airport Taxiway Realignment
Environmental Services
• Mission Canyon Bridge Replacement Environmental
Services
• Dover Canyon Road at Jack Creek Bridge Replacement
Environmental Services
• Via Avenue Bridge Replacement Environmental Services
• Santa Lucia Road Bridge Replacement Environmental
Services
• Interstate 80 Express Lanes Project Archaeological Survey
Report
• Sheep Ranch Shoulder Widening Project Extended Phase
I Investigation of CA-MNO-565 Ph.D ., Anthropology
M.A., Anthropology
B.A., Anthropology
• Meets and exceeds the Secretary of the
Interior's Professional Qualification
standards in Archaeology and Historic
Preservation
• Society for California Archaeology
• Archival research, surveys, and excavations • 1304 Nipomo Archaeological and Biological Studies
• Society for American Archaeology
• San Luis Obispo County Archaeological
Society
Page I A-17
• California Army National Guard Archaeological Test
Excavations
• Santa Ysabel Ranch Project Resewch Design and Data
Recovery
• Arroyo Grande Creekside Path Project Archaeological
Survey
l:.XHll:SI I A
On-Call Environmental Consultant Serv ices for Var ious Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
---------.. -·------· ------
TEAM MEMBER, ROLE , YEARS OF LICENSES , CERTIFICATIONS ,'AND
EXPERIENCE, AND EDUCATION MEMBERSHIPS AR EAS OF EXPERTISE RELEVANT PROJECT EXPERIENCE ..
~ ' . --·-----~----~-------------------~~-----· ~---·-~~--_---...,.___..;........_.,____,. __ , _____ ~----··•-·-·-__ , ------.. ~. -'--------------·""-~-~·___:__;; ____ --
MORGAN BIRD I ARCHAEOLOGIST
(6YEARS)
B.A., Social Sciences, m: Anthropology/
Geography
PAULA CARR I SENIOR ARCHITECTURAL
HISTORIAN (27 YEARS)
M.A., History, Anthropology, Art History,
Folklore and Mythology
B.A., Cultural Anthropology
Ph.D. Program Coursework, History
• Society for California Archaeology
• Association of Environmental Professionals
• Meets the Secretary of the Interior's
Professional Qualifications Standards in
History and Architectural History
ALYSSA BELL, PH.D. I PALEONTOLOGICAL • U.S. Bureau of Land Management (BLM)
RESOURCES PRINCIPAL Paleontological Resource Use Permit
INVESTIGATOR (12 YEARS) (NM 14-03C), Field Agents; NM
Ph .D., Vertebrate Paleontology
M.S., Environmental Microbiology
B.A. with honors, Ecology and Systematics
• BLM Paleontological Investigations Permit
(CA-19-0BP), Principal Investigator; CA
• BLM Paleontological Resource Use Permit
(AZ-000653); AZ
• BLM Paleontological Resource Use Permit
(PA14-WY-216), Field Agent; WY, NE
• BLM Paleontological Resources Use Permit
(N-092678); CA
• BLM Paleontological Resource Use Permit
(UT14-006C), Field Agent; UT
• Archaeology
• Cultural resources analysis
• CEQA / NEPA compliance
• Mapping
• Osteology and forensic anthropology
• Lithic analysis
• CEQNNEPA and NHPA Section 106
compliance
• Historical context research
• Development of interpretive exhibit projects
• Ability to work with Spanish-language
primary sources
• Paleontology
• Biology
• Hesperornithiform birds
• Hydrology
• Ecology
Page I A-18
• Brite Road and Mirasol Avenue Overlay Archaeological
and Historic Property Survey Reports
• 350-500 Madison Street ADA Upgrades Archaec;ilogical
Report
• Monterey Sewer Rehab Biological & Cultural Support
• Shell Beach Streetscape Archaeological Monitoring •
• Estrella Substation and Paso Robles Area Reinforcement
Project
• Fresno Yosemite International Airport Passenger Terminal
Cultural Resources Studies
• Mission Canyon Bridge Replacement Environmental
Services
• Prado Road Bridge Widening Environmental Services
• Lopez Drive Bridge Seismic Retrofit Engineering Services
• Dover Canyon Road at Jack Creek Bridge Replacement
Environmental Services
• Via Avenue Bridge Replacement Environmental Services
• Santa Lucia Road Bridge Replacement Environmental
Services
• City of Fresno Recycled Water Transmission Water Main
Paleo Monitoring
• Valentine EIR
• 2020 Regional Transportation Plan/Sustainable
Communities Strategy Program EIR
• Shafter Wasco Irrigation District Natural and Cultural
Resource Evaluations and Air Quality
• Knoll Hill Paleontological Curation
• El Camino Real Bridge Replacement Environmental
Services
• Canyon Lane Roadway Improvements EIR
• Camino Solar Environmental Support
• Johe Ranch Surface Mining and Reclamation Plan EIR
t:.XHll:111 A
On-Call Environmental Consultant Services for Various Pub lic Wo rks Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
-------·-----------------··· ---------------- - ----------------
TEAM .MEMBER, ROLE, YEARS OF LICENSES, CERTIFICATIONS, AND ..
EXPERIENCE, AND EDUCATION MEMBERSHIPS AREAS OF EXPERTiSE RELEVANT PROJECT EXPERIENCE ~
-•-...___••~~---c..--A_,. __ ...._.....___ ___ ~ ----••-'-'-----~-------•-·--·-----------•-•~·...:___ ___________ -~•-•--••·-.·.•--•: ·-••.• __ -~ -,~--·•··· ·-:#;·•L •----•--
Document Support
KEVIN HOWEN I GIS SPECIALIST (8 YEARS) • Association of Environmental Professionals
B.S., Earth Sciences;
m: Geographic Information Systems
JAIMIE JONES I TECHNICAL EDITOR
(15YEARS)
A.A. Coursework, Liberal Arts
A.S . Coursework, Fire Science
• Professional Sequence in Editing
Certification; UC Berkeley Extension
• Association of Environmental Professionals
• ESRI geographic information systems (GIS)
mapping software and programming
(ArcGIS, Arclnfo, ESRI ArcGIS Desktop)
• Technical illustration and graph ics utilizing
Adobe Illustrator/ Photoshop
• AutoCAD and drafting utilizing AutoDesk
AutoCAD
• Remote sensing surveys utilizing ERDAS
Imagine
• CEQA/NEPA analysis
• Document editing, formatting, and
compilation
Page I A-19
• Wahtoke Creek Bridge Replacement Environmental
Services
• James Bypass Bridge Replacement Env ironmental
Services
• Mission Canyon Bridge Replacement Environmental
Services
• Dover Canyon Road at Jack Creek Bridge Replacement
Environmental Services
• Via Avenue Bridge Replacement Environmenial Services
• Santa Lucia Road Bridge Replacement Environmental
Services
• El Camino Real Bridge Replacement Environmental
Services ,
• Bello Bridge Replacement Env ironmental Services
• Wahtoke Creek Bridge Replacement Environmental
Services
• James Bypass Br idge Replacement Environmental
Services
• Jacalitos Creek Bridge Replacement Environmental
Services
• Dover Canyon Road at Jack Creek Bridge Replacement
Environmental Services
• Via Avenue Bridge Replacement Project Environmental
Services
• Santa Lucia Road Bridge Replacement Environmental
Services
• Delta Mendota Canal Bridge Replacement Noise Memo
• Travers Creek Bridge Replacement Noise Memo
• El Camino Real Bridge Replacement Environmental
Services
• Bello Bridge Replacement Environmental Services
t:.XHll::SII l::S On-Call Environmental Consultant Services for Various Public Works Projects PART A: STATEMENT OF QUALIFICATIONS 6. SUBCONSULTANTS SWCA SWCA has extensive experience organizing and managing multidisciplinary teams and understands the importance of ensuring team coordination and cooperation throughout the environmental review process. Subconsultants are chosen based on past performance history, and only those who continually meet deadlines in a timely manner and perform tasks with the highest levels of competency and integrity are selected for the team. SWCA's professional reputation helps to assure sub-consultant cooperation. Our subconsultants are aware of our extensive professional relationship with lead agencies throughout California in particular, and look to ensure future.work with us by performing tasks efficiently and maintaining high-quality performance standards. For this on-call contract, AMBIENT Air Quality & Noise Consulting will conduct air quality, greenhouse gas, energy, and noise and groundborne vibration assessments; Haro Environmental Inc., a Disadvantaged Business Enterprise (DBE) and Women/Minority Business Enterprise (WMBE), will provide hazardous materials assessment services; and WRECO, a DBE, will provide floodplain-related services. Qualifications for our subconsultant team members are summarized in Table 2, and resumes are included in Attachment A. A. AMBIENT AIR QUALITY & NOISE CONSUL TING AMBIENT Air Quality & Noise Consulting (AMBIENT), AMBIENT Air Quality & Noise Consulting was formed in 2004 with the objective of providing clients with comprehensive analytical services related to the assessment of air quality, climate change, energy use, noise, and groundborne vibration impacts. Providing clients with personalized, responsive, cost-efficient, and high-quality services is the company's primary objective. AMBIENT Air Quality & Noise Consulting has earned a reputation for providing a high degree of technical expertise, exceptional levels of service, and consistent dependability. AMBIENT provides services to clients located throughout the State of California and is a registered California Small Business Enterprise (SBE). AMBIENT Air Quality & Noise Consulting has over 25 years of experience in areas related to the assessment of air quality, greenhouse gas, energy use, noise, and groundborne vibration impacts. With extensive expertise related to the assessment of environmental impacts, a comprehensive working knowledge of the regulatory environment, utilization of state-of-the-art technology, and an understanding of land use planning process, AMBIENT Air Quality & Noise Consulting is able to provide clients with cost-efficient, high-quality, and technically-defensible services. AMBIENT Air Quality & Noise Consulting has a proven track record of exceeding client expectations while meeting project objectives, schedules, and budgets. AMBIENT's recent projects in Fresno County and surrounding areas include the San Joaquin Bridge on Italian Bar Road Replacement Project in Fresno County; the Peach Avenue Widening and Peach Avenue Improvement Projects in the city of Fresno; and the North Willow Avenue Widening, Shaw Avenue Widening Between Locan Avenue and Maine Avenue, and Shaw Avenue Widening Between North DeWolf Avenue and North McCall Avenue Projects in the city of Clovis. B. HARO ENVIRONMENTAL Haro Environmental, lnc.-a DBE and WMBE-provides geoenvironmental consulting services specializing in site assessments, as well as soil and groundwater investigation and cleanup, and hazardous materials handling and disposal. They have extensive experience performing Phase I and Phase II ESAs and are familiar with the American Society for Testing and Materials (ASTM) Standards, which provide a framework for the Phase I ESA process. In addition, Haro Environmental has extensive experience performing Initial Site Assessment (ISAs) and Preliminary Site Assessments (PSls) for Caltrans local assistance program projects. Haro Environmentai'has Page I A-20
t:.XHll:SI I l:S On-Call Environmental Consultant Services for Various Public Works Projects PART A: STATEMENT OF QUALIFICATIONS SWCA conducted numerous site investigations and remediation activities including air, soil, groundwater, and surface water sampling; groundwater monitoring well installations; and remediation system operations and maintenance. Various environmental reports prepared include site assessment reports, feasibility studies, remedial/corrective action plans, remedial work plans, and health-based risk evaluations. Haro Environmental has consulted with both local and regional agencies for work plan approvals and modifications to comply with the regulatory process. Haro Environmental has performed multiple Caltrans-compliant ISAs including 16 ISAs in support of bridge projects for the County of Fresno, eight ISAs for the County of San Luis Obispo, and several other ISAs in support or roadway projects under Caltrans oversight. The ISAs were performed consistent with ASTM standard E1527-13 to meet requirements of the PES, as well as the requirements of an ISA as defined by Caltrans in Chapter 1 O -Hazardous Materials, Hazardous Waste, and Contamination_ofthe Environmental Handbook, Volume 1: Guidance for Compliance. Haro Environmental's recent projects in Fresno County and surrounding areas include an aerially deposited lead study for a sidewalk project for the County and a Phase II ESA/Asbestos/lead-based paint (LBP) assessment for the County of Kern. C. WRECO WRECO-a DBE-provides services in civil engineering, environmental compliance, geotechnical engineering, and water resources. With more than 70 staff members in five offices, WRECO's technical personnel are composed of exceptional licensed civil engineers, hydraulic engineers, geotechnical engineers, hydrologists, biologists, ~WIUutO geologists, environmental scientists, water quality specialists, Qualified Storm Water Pollution Prevention Plan (SWPPP) Developers and Practitioners, Qualified Industrial Stormwater Practitioners, California Stormwater Quality Association (CASQA)-qualified National Pollutant Discharge Elimination System (NPDES) Construction General Permit Trainers of Record, and Computer-Aided Design and Drafting (CADD) technicians. WRECO staff work to coordinate with all stakeholders early in the project and maintain effective channels of communication throughout the project duration to ensure expeditious approval and compliance with CEQA/NEPA requirements. WRECO has been involved in more than 1,200 transportation infrastructure and water resources projects and more than 600 hydrologic and hydraulic studies for various federal, state, and local agencies in California, including Fresno, Kings, and San Benito Counties; Caltrans District 6; and the USAGE. WRECO has worked on projects in Fresno County, including Jacalitos Creek Bridge, Italian Bar Road Bridge, and Fowler Switch Canal Bridges on Adams, Manning, Lincoln, Leonard, and Quality Avenues. Page I A-21
l::.XHlt:SI I t:S
On-Call Environmental Consultant Services for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
Table 2. Subconsultant Qualifications. SWCA's subconsultants are chosen based on their past history providing high-quality work products on time and within budget.
KURT LEGLEITER I PRINCIPAL (21 YEARS)
B.S., Environmental Health Science
B.A., Urban & Environmental Planning
HARO ENVIRONMENTAL
ELLIOT HARO I PRINCIPAL SCIENTIST/
PROJECT MANAGER (14 YEARS)
M.S., Soil Science
B.S., Soil Science
TIM NELLIGAN I PROFESSIONAL ENGINEER
(20YEARS)
B.S., Environmental Engineering
• Acoustical Society of America • Air Quality & Greenhouse Gas Assessments
• Air & Waste Management Association • Noise & Groundborne Vibration Assessments
• Association of Environmental Professionals • Health Risk Assessments
• Noise & Groundborne Vibration Monitoring
• Caltrans/FHWA Compliance Documentation
• Cerrato Development ~reject
• The Villages at Santa Ana Residential
Development Project
• Chambers Event Center
• Cypress Pacific Apartments Project
• Ferrini Ranch Subdivision Project
• Fremont Elementary School
• General Jim Moore Blvd. Traffic Noise
Assessment
• Gigling Road and South Boundary Road
Reconstruction Projects
• Heritage Oaks Subdivision Project
--------------------------------------------------------------·----------~--~--------------
• Registered Environmental Assessor (REA I;
State program discontinued)
• Hazardous Waste Operations and Emergency
Response (HAZWOPER) 40-hour training and
yearly 8-hour refresher
• Professional Engineer# C68666
• Hazardous Waste Operations and Emergency
Response (HAZWOPER) 40-hour training and
yearly 8-hour refresher
• Phase I and II ESAs
• Soil and groundwater investigations
• Soil and groundwater remediation
• Remediation technology evaluation
• Site characterization
• Remediation system operations and
maintenance
• Soil and groundwater investigations
• Data analysis and management
• Remediation technology evaluation
• Engineering design
• Construction oversight
• Operation and maintenance
Page I A-22
• Sri Padma LLC Groundwater Remediation
• Sutter Avenue Landfill Groundwater Monitoring
and Reporting
• Archer Street Property Phase I ESA and Soil
Vapor Sampling and Reporting
• Brisco Interchange Project Phase I ISA
• Buckley Road TCE Soil, Soil Vapor, and
Groundwater· Investigation
• Sri Padma LLC Groundwater Remediation
• Archer Street Property Phase I ESA and Soil
Vapor Sampling and Reporting
• Brisco Interchange Project Phase I ISA
• Various Phase I ISAs throughout San Luis
Obispo County
• Former Dean Alco Site Soil and Groundwater
Remediation of Solvents. Excavation and In-Situ
Bio-Remediation
DAWN STIMSON I PROJECT SOIL SCIENTIST
(8 YEARS)
M.S., Soil Science
S.S ., Soil Science
WRECO
CHRIS SEWELL, P.E., QSD/P I SUPERVISING
ENGINEER-HYDROLOGY/ HYDRAULICS
(23 YEARS)
BASc., Civil & Environmental Engineering
ANALETTE OCHOA, P.E., QSD/P, TOR I
SUPERVISING ENGINEER -WATER
QUALITY (26 YEARS)
S.S., Civil Engineering
t::XHll::111 1::1
On-Call Environmental Consultant Serv ices for Various Public Works Projects
PART A: STATEMENT OF QUALIFICATIONS SWCA
• Hazardous Waste Operations and Emergency
Response (HAZWOPER) 40 -hour training and
yearly 8-hour refresher I
• Phase I and II ESAs
• Soil and groundwater investigations
• Site characterization
• Camp San Luis Obispo Sutter Avenue Landfill
Groundwater and Landfill Gas Sampling and
Reporting
• Former Gas Station Sites Groundwater
Monitoring and Sampling
• Litigation Support Related to Threat Posed by
MTBE, PCE, PCB, Perchlorate, and
Hydrocarbons to Groundwater and Soil
-------------------------------------------------------------
• Civil Engineer: CA, #64807
• Qualified SWPPP Developer and Practitioner
(QSD/P): CA, #618
• Civil Engineer: CA, #55279
• QSD/P: CA, #178
• Qualified Construction General Permit QSD/P
Trainer of Record : CA
• Hydrology, hydraulics , and drainage
• Highway Bridge Program projects
• Caltrans experience
• Water quality and stormwater management
• Caltrans experience
• Roadway, bridge, and transportation projects
Page I A-23
• Jacalitos Creek Bridge Replacement on Lost
Hills Road
• California High-Speed Rail Contract Package 1
• Sanger Bridge Preventive Maintenance
Program Project
• Kern River Bike Trail Extension Project
• SR-152 Trade Corridor Project
• Kings River Bridge Replacement Project
• SR-178 Widening Project
• New Interchange at SR-99 and Hanawalt
Avenue
Local Assistance Procedures Manual EXHIBIT C Exhibit l0-02 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: _F_r_e_s_n_o_C_o_u_n_t....;.y _________________________________ _ 5. Consultant's Name: SWCA, Incorporated 6. Prime Certified DBE: • 7. Total Contract Award Amount: 8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants: 3 ------------------10. Description of Work, Service, or Materials 11. DBE 13. DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount Hazardous Materials Services 42812 Michele Haro I 805.204.4483 Water Resources Services 30066 Han-Bin Lang I 925.941.0017 Local Agency to Complete this Section $ 20. local Agency Contract l\h,mhor· 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal-Aid Project Number: 4.0% 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 "DlJ-May 15, 2020 23. Local Agency Representative's Signature 24. Date 15.Preparer'sSigaTure 16. Date Bill Henry, AICP 805.903.1193 25. local Agency Representative's Name 26.Phone 17. Preparer's Name 18.Phone Director 27. local Agency Representative's TIiie 19. Preparer's Title DISTRIBUTION: 1. Original -Local Agency 2. Copy -Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TOO (916) 654-3880 or write Records and Forms Management, 1120 N Street. MS-89, Sacramento. CA 95814. Page 1 of2 July 23, 2015
7 2/36 / ' --!-I /1 (' _/ \ ~~ Al-'1-'t::.NUIX U 1422 Monterey Street, B-C200 San Lu,s Obispo, Calilamio 93401 Tel 805.543. 7095 Fox 805.543.2367 \V\1/\-J,swco.com COUNTY OF FRESNO ON-CALL ENVIROMENTAL CONSULTANT SERVICES FEE PROPOSAL LABOR RATES TEAM MEMBER AND LABOR CATEGORY TEAM MEMBER AND LABOR CATEGORY SWCA Environmental Consultants Bill Henry I Director $210 Emily Creel I Planning T earn Lead $171 Jon Claxton I Natural Resources Team Lead $187 Leroy Laurie I Cultural Resources Team Lead $153 Jacqueline Markley I Environmental Planner $153 Gary Ruggerone I NEPA Specialist $131 Katie Furstoss I Environmental Planner $153 Shawn Gaver I Senior Environmental Planner $187 Cassidy Williams I Environmental Planner $109 Brandi Cummings I Environmental Planner $142 Laura Moran I Ecological Restoration T earn Lead $225 Mark Brandi I Senior Restoration Ecologist $210 Amanda Ehrenkrantz I Senior Wildlife Ecologist $142 Kristen Outten I Senior Biologist $142 Geoff Hoetker I Senior Biologist / Wetlands Specialist $153 Jessie Henderson-McBean I Biologist $119 Travis Belt I Senior Biologist/ Wetlands Specialist $171 Angelica Oregel I Ecologist $89 Nathan Stevens I Cultural Resources Principal Investigator $187 Paula Carr I Senior Architectural Historian $153 Morgan Bird I Archaeologist $89 Alyssa Bell I Paleontology Principal Investigator $131 Kevin Howen I GIS/CADD-Specialist V $119 Jaimie Jones I Technical Writing/Editing-Specialist VI $119 AMBIENT Air Quality & Noise Consulting* ., . . . . . .. . .. -Haro Environmental WRECO . . . . . '.
On-Call Environmental Consultant Services for Various Public Works Projects FEE PROPOSAL DIRECT COSTS · SWCA EXPENSE* COST EXPENSE COST Lodging, rental car, fuel At cost Subconsultants No markup Per Diem GSA rate at Mileage IRS rate at lime lime of billing of billing Black and white copies $0.10/page Color copies $1.00/page Page I 2
t::XHl~I I t:: Local Assistance Procedures Manual 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: SWCA, Incorporated dba SWCA Environmental Consultants 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 159.14 % OR -----------Home Office Rate __________ % and Field Office Rate (if applicable) ________ % Facilities Capital Cost of Money .27 % (if applicable) Fiscal period* 01 /01 /2019-12/31 /20,19 * 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 3_1 ( 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 fqr 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 172.1 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 COJtS into separate cost Page 1 of2 March 2018
t:.XHl!jl I t:. Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract 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$ 44,568,000 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_4_9 __ • Years of consultant's experience with 48 CFR Part 31 is_1_0_+ __ _ • Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit • Local Gov't ICR Audit • 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 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**: Denis Henry Title**: CFO --------------------. . .JJe11ir ffe11rt-t 9/16/2020 Signature. O,a;,H,mv(Sool7 2\r,ol4,19POT) Date of Certification (mm/dd/yyyy): ---------Email**: dhenry@swca.com Phone Number**: 602-274-3831 ----------------** An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial infonnation used to establish 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: 1) Original -Local Agency Project File 2) Copy-Consultant 3) Copy -Caltrans Audits and Investigations Page 2 of2 March 2018
Consultant Exhibit 1 Ok Annual Cert ICR Final Audit Report Created: By: Status: Transaction ID: 2020-09-17 Kelsey Sellars (Kelsey.Sellars@swca.com) Signed CBJCHBCAABAAeldIFjX-ILqUktScjXhUM9NoEKqYESvT 2020-09-17 "Consultant -Exhibit 1 Ok Annual Cert ICR" History f'l Document created by Kelsey Sellars (Kelsey.Sellars@swca.com) 2020-09-17 -5:01:25 PM GMT-IP address: 65.241.1.131 t:21• Document emailed to Denis Henry (dhenry@swca.com) for signature 2020-09-17 -5:01 :53 PM GMT t.J Email viewed by Denis Henry (dhenry@swca.com) 2020-09-17 -9:18:24 PM GMT-IP address: 65.241.1.131 6-0 Document e-signed by Denis Henry (dhenry@swca.com) Signature Date: 2020-09-17 -9:19:22 PM GMT-Time Source: server-IP address: 65.241.1.131 0 Agreement completed. 2020-09-17 -9:19:22 PM GMT Adobe Sign
Local Assistance Procedures Manual EXHIBIT F Exhibit 10-S Consultant Performance Evaluation Exhibit 10-S Consultant Performance Evaluation I. PROJECT DATA 2. CONSULTANT DATA la. Project (include title, location, and Activity/CIP No.) 2a. Consultant Name and Address lb. Brief Description of Project (design, study, etc.) 2b. Consultant's Manager le. Budget Cost for Project: $ 2c. Phone: 3. AGENCY DEPARTMENT/SECTION RESPONSIBLE 3a. Department (include section and division) 3b. Agency Project Manager (name & phone) 4. CONTRACT DATA (Engineering Services) 4a. Contract No.: Termination date: Base Fee: $ Agreement date: Date terminated: Contingency: $ 4b. Amendment $ I # $ I # (Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4c. Change Order $ I # $ I # (Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4d. Total Fee per Agreement (4a. + 4b. + 4c.) $ Total Fee Paid$ (Do not include Contingency Listed in 4a.) 4e. Type of 4f. Historical Record of Key Submittal Dates ( enter date or n/a if not applicable) Services Preliminary 30% 70% 90% 100% (Design, study, Per Agreement etc.) Delivery Date Acceptance Date 4j. Reasons for Change Orders: (Indicate total for each reason) 4g. Notice To Proceed (date) Errors/Omissions $ % of Base Fee Unforeseen Conditions $ % of Base Fee 4h. Number of Days (number) Changed Scope $ % of Base Fee Changed Quantities $ % of Base Fee 4i. Actual Number of Days (number) Program ·Task Options $ % of Base Fee 5.OVERALL RATING (Complete Section II on reverse, include comments as appropriate.) --· Outstanding Above Average Below Poor Average Average 5a. Plans/Specifications accuracy 5b. Consistency with budget 5c. Responsiveness to Agency Staff 5d. Overall Rating 6. AUTHORIZING SIGNATURES 6a. Agency Design Team Leader Date: 6b. Agency Project Manager Date: 6c. Agency Public Works Manager Date: 6d. Consultant Representative Date: See Reverse Side LPP 13-01 Final 0.00% 0.00% 0.00% 0.00% 0.00% NIA Page 1 of2 May 8, 2013
Local Assistance Procedures Manual PLANS/SPECIFICATIONS Outstanding Above ACCURACY Avg. Plans Specifications clear and concise Plans/Specs Coordination Plans/Specs properly formatted Code Requirements covered Adhered to Agency Standard Drawings/Specs Drawings reflect existing conditions As-Built Drawings Quality Design Change Orders due to design deficiencies are minimized Section Ill 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 U.S. 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 (l)(b) of this certification; and d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default. 2) The Applicant also certifies that, if Applicant later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to the State. 3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this certification, through those means available to Applicant, including the General Services Administration's Excluded Parties List System (EPLS), Applicant shall indicate so in its applications, or in the transmittal letter or message accompanying its annual certifications and assurances, and will provide a written explanation to the State. January 2020
EXHIBIT G DEPARTMENT OF TRANSPORTATION DEBARMENT AND SUSPENSION CERTIFICATION FISCAL YEAR 2020/2021 SIGNATURE PAGE 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 dB File ff 15123 February 23, 1999 Resolution U99-086 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO STATE OF CALIFORNIA T :• • ) Adoption of Standard Conflict of Interest 6 Code for All County Departments. Resolution #99-086 7 8 Whereas, the Polifical Refonn Act, Government Code section 81 ODO et seq .• 9 requires state and local government agencies to adopt and promulgate conflict of Interest 1 O codes; and 11 Whereas, the Fair Political Practices Commission has_ adopted a regulation, 2 12 Callfomla 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 corifonn to amendments to the Polltlcal 15 Reform Act; and 16 17 18 19 20 21 22 Whereas, any local agency may incorporate th!s standard conflict of interest code, and 1hereafter need not amend the text of ifs code to conform to future amendments to the Politlcal Reform Act or its regulations; and Whereas, the Board of Supervisors Is t_he code reviewing body for all County departments except courts; and Whereas1 the Board of Supervisors may adopt the standard canfllcl 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 forms 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 Audftor-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 Political 7 Practices Commission, which shall be the filing officer. The County Administrative Officer, 8 District Attorney, County Counsel, and Auditor-Contmllerffreasurer-Tax Collector shall also 9 file one copy of their statements with the Clerk to the Board of Supervisors. 10 2. As required 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 and shall forward the original to the Clerk to the Board of Supervisors. 14 3. All other designated employees shall 1ile one original ofiheir 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 EE!_ day of Fe.brua:ry , 19...22_, by the following vote, to wit Ayes: Supervisors Koligian, Case, Arambula, olcen, Levy 24 ATTEST: Noes: None Absent: None SHARI GREENWOOD, CL'ERK 25 BOARD OF SUPERVISORS 26 ~ ""~' 27By ~~ 28 File 015123 Agenda ./128 Resolution #99-086 2
EXHIBIT H EXHIBIT 11A" PUBLIC WORKS AND PLANNING Classification Accountant I I ll I Senior/ Supervising Architect Building Inspector I / IJ 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 I / II / 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 Principal Staff Analyst I-A J 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 to 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 perfom, a rang~ of duties that is limited in scope and thus is not required lo fully comply with the disclosure 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 inspec::tron In the same manner and location as thfs conflict of interest code.
1•. IL EXHIBIT H EXHIBIT "8,, PUBLIC WORKS AND PLANNING 1. Persons in this category must disclose all investments1 interests in real property and income, 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 . jurisdictioh at any-tiin'e during the two years pnc:ir"td ·"the filing of the stafeiiienl Real property shall be deemed to be within the 11jurisdiction" of the County if it is located within or not more than two miles outside the boundaries of the County (including its incorporated cities)1 or within two miles of any land owned or used by 1he 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 Department1.Solid Waste Commissions within the jurisdictlon1 or to any other joint powers agency which Fresno County Is a member to provide servlce~, 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: D a. contract D a. bid/offer/application D 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 Address of Reporting Entity •Prime Osubawardee Tier ___ , ifknown Congressional District, if known Federal Department/Agency: Federal Action Number, if known: Name and Address of Lobby Entity (If individual, last name, first name, Ml) year quarter."TTX __ _ date oflast report _N_/_A __ _ 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable _N_I_A ______ _ 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) $ 0 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. commission d. contingent fee e deferred f. other, specify __________ _ 15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes D 17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure oflobbying 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 $ I 00,000 for each such failure. Federal Use Only: No G JJe;11j lfeJtrtt Signature: Deoi, "'""' (S,p 17. 2fuo l5c22 PDT] Print Name: Denis Henry Title: CFO Telephone No.: 602-274-3831 Date: 9/17/2020 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 EXHIBIT I 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 a 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. 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 Page2 May 8, 2013
EXHIBIT I Consultant Activies Exhibit 10-Q Disclosure of Lobbing Final Audit Report Created: By: Status: Transaction ID: 2020-09-17 Kelsey Sellars (Kelsey.Sellars@swca.com) Signed CBJCHBCAABAA3fyz9dm8xnoZu2rMRQUhuOWZH-11 qc7M 2020-09-17 "Consultant -Exhibit 10-Q Disclosure of Lobbing Activies" Histor y fJ Document created by Kelsey Sellars (Kelsey.Sellars@swca.com) 2020-09-17 -9:51:17 PM GMT-IP address: 65.241.1.131 12.. Document emailed to Denis Henry (dhenry@swca.com) for signature 2020-09-17 -9:51:32 PM GMT fJ Email viewed by Denis Henry (dhenry@swca.com) 2020-09-17-10:21:44 PM GMT-IP address: 65.241.1.131 @o Document e-signed by Denis Henry (dhenry@swca.com) Signature Date: 2020-09-17-10:22:03 PM GMT-Time Source: server-IP address: 65.241.1.131 0 Agreement completed. 2020-09-17 -10:22:03 PM GMT Adobe Sign
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: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252}, (prohibits discrimination on the basis of race, color, national origin}; and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U .S.C. § 4601 }, (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects}"; • Federal-Aid Highway Act of 1973, (23 U .S.C. § 324 et seq.}, (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U .S.C. § 794 et seq.}, as amended, (prohibits discrimination on the basis of disability}; and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.}, (prohibits discrimination on the basis of age}; • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123}, as amended, (prohibits discrimination based on race, creed, color, national origin, or sex}; • The Civil Rights Restoration Act of 1987, (PL 100-209}, (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not}; • Titles 11 and 111 of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U .S.C. §§ 12131-12189} as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
EXHIBIT K • lhe Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with 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).