HomeMy WebLinkAbout327371
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CONSULTANT AGREEMENT
THIS AGREEMENT for Engineering Consultant Services, hereinafter referred
to as “the AGREEMENT,” is made and entered into this _____ day of ____________
2017, by and between the COUNTY OF FRESNO, a political subdivision of the State
of California, hereinafter referred to as “the COUNTY”; and TRC Engineers, Inc., a
California Corporation, 575 East Locust Avenue, Suite 105, Fresno, CA, 93720,
hereinafter referred to as “the CONSULTANT”.
WITNESSETH
WHEREAS, the CONSULTANT has been selected to prepare Plans,
Specifications and Engineer’s Estimate, and to provide other engineering services
required for the design of the Arroyo Pasajero Bridge Replacement Project on El
Dorado Avenue, hereinafter referred to as “the PROJECT”; and
WHEREAS, said CONSULTANT has been selected in accordance with the
COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers,
and other professionals and Chapter 10 Consultant Selection, California Department
of Transportation, hereinafter referred to as “Caltrans”, Local Assistance Procedures
Manual to provide the engineering services necessary for the PROJECT.
NOW, THEREFORE, in consideration of the promises and covenants set forth
herein, the above named parties agree as follows:
I.GENERAL PROVISIONS
A.The COUNTY hereby contracts with the CONSULTANT as an independent
contractor to provide the consultant engineering services required for the PROJECT.
B.The work to be performed under the AGREEMENT is detailed in Exhibit A,
attached hereto and incorporated by this reference as though fully set forth herein, as
reiterated in Article II (“Consultant’s Obligations”).
C.The CONTRACT ADMINISTRATOR on behalf of the COUNTY will be:
Mohammad Alimi, Ph.D., P.E.
Design Engineer
12th December
Agreement No. 17-64317-1462
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2220 Tulare Street, Suite 600, Fresno, CA 93721,
559-600-4505
malimi@co.fresno.ca.us
and shall remain so unless the CONSULTANT is otherwise notified in writing by the
COUNTY’s Director of Public Works and Planning or his/her designee (hereinafter
referred to as “the DIRECTOR”). The PROJECT MANAGER for the CONSULTANT
will be:
Mark Imbriani, P.E.
Vice President / Project Manager
575 East Locust Avenue, Suite 105
Fresno, CA 93720
(559) 439-2576
mimbriani@trcsolutions.com
and shall remain so unless the CONSULTANT requests and DIRECTOR approves, in
writing, a change of the PROJECT MANAGER, which approval will not be
unreasonably withheld.
D.The CONSULTANT’s PROJECT team listed in Exhibit B, attached hereto
and incorporated by this reference as though fully set forth herein, is hereby
approved. The CONSULTANT shall not substitute any of the employees or
subconsultant firms listed in Exhibit B without prior written authorization from the
CONTRACT ADMINISTRATOR, which approval shall not be unreasonably withheld.
E.The CONSULTANT's services shall be performed as expeditiously as is
consistent with professional skill and the orderly progress of the work, based on the
PROJECT schedule established in Exhibit C, attached hereto and incorporated herein
by this reference as though fully set forth herein.
F.The CONSULTANT agrees to indemnify and hold harmless the COUNTY,
its officers, agents, and employees from any and all claims, demands, costs, or
liability arising from or connected with the services provided hereunder due to
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negligent acts, errors, or omissions of the CONSULTANT. The CONSULTANT will
reimburse the COUNTY for any expenditure, including reasonable attorney fees,
incurred by the COUNTY in defending against claims ultimately determined to be due
to negligent acts, errors, or omissions of the CONSULTANT.
G.As more thoroughly set forth in Article XXX, the CONSULTANT and the
agents and employees of the CONSULTANT, in the performance of the
AGREEMENT, shall act in an independent capacity and not as officers or employees
of the COUNTY.
H. The COUNTY may terminate the AGREEMENT with the CONSULTANT
should the CONSULTANT fail to perform the covenants herein contained at the time
and in the manner herein provided. In the event of such termination, the COUNTY
may proceed with the work in any manner deemed proper by the COUNTY. If the
COUNTY terminates the AGREEMENT with the CONSULTANT, the COUNTY shall
pay the CONSULTANT the sum due the CONSULTANT under the AGREEMENT
prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the AGREEMENT, in such case the overage shall be deducted from any
sum due the CONSULTANT under the AGREEMENT and the balance, if any, shall be
paid by the CONSULTANT upon demand. The COUNTY’s CONTRACT
ADMINISTRATOR will determine the sum due to the CONSULTANT based on the
percentage of work complete for any incomplete task at the time of termination.
I.The AGREEMENT is not assignable by the CONSULTANT, either in whole
or in part, without the prior written consent of the COUNTY, upon approval by its
Board of Supervisors.
J. No alteration or variation of the terms of the AGREEMENT shall be valid,
unless made in writing and signed by the parties hereto; and no oral understanding or
agreement not incorporated herein, shall be binding on any of the parties hereto.
K. The consideration to be paid the CONSULTANT as provided herein, shall be
in compensation for all of the CONSULTANT’s expenses incurred in the performance
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hereof, including travel and per diem, unless otherwise expressly so provided.
II.CONSULTANT’S OBLIGATIONS
The CONSULTANT’s Scope of Work is fully set forth and detailed in Exhibit A,
attached hereto and incorporated herein, as referenced in Article I, Section B.
III.OBLIGATIONS OF COUNTY
A list of the COUNTY’s obligations is attached hereto as Exhibit D and
incorporated herein by this reference as though fully set forth herein.
IV.PERFORMANCE PERIOD
A. The AGREEMENT shall go into effect upon execution by the COUNTY, and
the CONSULTANT shall commence work promptly after receipt of notification to
proceed as issued by the CONTRACT ADMINISTRATOR. The AGREEMENT shall
end on the third anniversary of the execution date, unless prior to its expiration its
term is extended in writing, for no more than two additional one-year terms, by mutual
consent of the DIRECTOR and the CONSULTANT.
B. The CONSULTANT is advised and hereby acknowledges its understanding
that any recommendation for award is not binding on the COUNTY until the
AGREEMENT is fully executed following its approval by the COUNTY’s Board of
Supervisors.
V.ALLOWABLE COSTS AND PAYMENTS
A. The CONSULTANT shall not commence the performance of work or
services hereunder until the AGREEMENT has been approved by the COUNTY and a
written notification to proceed has been issued by the CONTRACT
ADMINISTRATOR. No payment will be made for any work performed prior to
approval of the AGREEMENT or for any work performed prior to written authorization
for commencement of work hereunder, issued by the CONTRACT ADMINISTRATOR.
B.The CONSULTANT will be reimbursed for hours worked at the hourly rates
specified in CONSULTANT’s Cost Proposal, attached hereto as Exhibit E and
incorporated by this reference as though fully set forth herein. The specified hourly
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rates shall include direct salary costs, employee benefits, overhead, and fee. These
rates are not adjustable for the performance period set forth in the AGREEMENT.
C. In addition, the CONSULTANT will be reimbursed for incurred (actual) direct
costs other than salary costs that are included and specifically identified in
CONSULTANT’s Cost Proposal, Exhibit E hereto.
D. Reimbursement for transportation and subsistence costs shall not exceed
the rates as specified in CONSULTANT’s Cost Proposal, Exhibit E hereto.
E. Progress payments will be made monthly in arrears based on services
provided and actual costs incurred.
F.When milestone cost estimates are included in Exhibit E, the
CONSULTANT shall obtain prior written approval for a revised milestone cost
estimate from the CONTRACT ADMINISTRATOR before exceeding such cost
estimate.
G.The CONSULTANT will be reimbursed, as promptly as fiscal procedures will
permit upon receipt by the COUNTY’s CONTRACT ADMINISTRATOR of itemized
invoices. Invoices shall be submitted no later than 45 calendar days after the
performance of work for which the CONSULTANT is billing. Invoices shall detail the
work performed on each milestone as applicable. Invoices shall follow the format
stipulated for the approved Cost Proposal and shall reference the AGREEMENT
Number and PROJECT title. The final invoice must contain the final cost and all
credits due to the COUNTY, including any equipment purchased under the provisions
of Article XVI (“Equipment Purchase”) of the AGREEMENT. The final invoice should
be submitted within 60 calendar days after completion of the CONSULTANT’s work.
Invoices shall be mailed to COUNTY’s CONTRACT ADMINISTRATOR at:
PWPBusinessOffice@co.fresno.ca.us.
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H. The total amount payable by the COUNTY for the work to be performed by
CONSULTANT on PROJECT hereunder shall not exceed $624,076.00, unless
authorized by subsequent contract amendment in accordance with Article VIII.
I. If the CONSULTANT fails to satisfactorily complete a deliverable according to
the schedule set forth in Exhibit C, no payment will be made until the deliverable has
been satisfactorily completed.
VI.TERMINATION
A.The AGREEMENT may be terminated without cause at any time by the
COUNTY upon thirty (30) calendar days written notice. If the COUNTY terminates the
AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily
completed to the date of termination based upon the CONSULTANT’s fees and
subject to the maximum amounts payable as specified in Article V and Exhibit A.
B.If the CONSULTANT terminates the AGREEMENT for reasons other than
material breach by the COUNTY, the CONSULTANT shall reimburse the COUNTY,
up to a maximum of $10,000, for the actual expense of issuing a new Request For
Proposal, engaging a new consultant(s) and the new consultant’s cost in becoming
familiar with the previous CONSULTANT's work.
C.The COUNTY may immediately suspend or terminate the AGREEMENT in
whole or in part, where in the determination of the COUNTY there is:
1.An illegal or improper use of funds;
2.A failure to comply with any term of the AGREEMENT
3.A substantially incorrect or incomplete report submitted to the
COUNTY;
4.Improperly performed service.
D.In no event shall any payment by the COUNTY constitute a waiver by the
COUNTY of any breach of the AGREEMENT or any default which may then exist on
the part of the CONSULTANT, nor shall such payment impair or in any way prejudice
any legal or equitable remedy available to the COUNTY with respect to the breach or
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default. The COUNTY shall have the right to demand of the CONSULTANT the
repayment to the COUNTY of any funds disbursed to the CONSULTANT under the
AGREEMENT, which, in the judgment of the COUNTY were not expended in
accordance with the terms of the AGREEMENT. The CONSULTANT shall promptly
refund any such funds upon demand.
E.The terms of the AGREEMENT, and the services to be provided thereunder,
are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or
the AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days
advance written notice. In the event of termination on the basis of this Paragraph, the
CONSULTANT’s entitlement to payment, in accordance with the payment provisions
set forth hereinabove, shall apply only to work performed by the CONSULTANT prior
to receipt of written notification of such non-allocation of sufficient funding.
F. The maximum amount for which the COUNTY may be found liable in the
event the AGREEMENT is terminated is Six Hundred Twenty-Four Thousand
Seventy-Six Dollars ($624,076).
VII.FUNDING REQUIREMENTS
A.It is mutually understood between the parties that the AGREEMENT may
have been written before ascertaining the availability of funds or appropriation of
funds, for the mutual benefit of both parties, in order to avoid program and fiscal
delays that would occur if the AGREEMENT were executed after that determination
was made.
B.The AGREEMNT is valid and enforceable only if sufficient funds are made
available to the COUNTY. In addition, the AGREEMENT is subject to any additional
restrictions, limitations, conditions, or any legislation enacted by the Congress, State
Legislature or County Board of Supervisors that may affect the provisions, terms, or
funding of the AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, the
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AGREEMENT may be amended to reflect any reduction in funds.
D. The COUNTY has the option to void the AGREEMENT under the
termination clause, or to amend the AGREEMENT by mutually acceptable
modification of its provisions to reflect any reduction of funds.
VIII.CHANGE IN TERMS
A.The AGREEMENT may be amended or modified only by mutual written
agreement of both parties. Except as provided in Section IV.A above, any such written
amendment to this AGREEMENT may be approved on the COUNTY’s behalf only by
its Board of Supervisors.
B. The CONSULTANT shall only commence work covered by an amendment
after the amendment has been fully executed and written notification to proceed has
been issued by the CONTRACT ADMINISTRATOR.
C. There will be no change in the CONSULTANT’s PROJECT MANAGER or
members of the CONSULTANT’s PROJECT team as identified in Exhibit B without
prior written approval by the CONTRACT ADMINISTRATOR.
IX.DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. The AGREEMENT is subject to 49 CFR, Part 26 entitled “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs”. Consultants who obtain Disadvantaged Business Enterprise
(hereinafter referred to as “DBE”) participation on the AGREEMENT will assist
Caltrans in meeting its federally mandated statewide overall DBE goal.
B.The goal for DBE participation for the AGREEMENT is 11%. Participation by
a DBE consultant or subconsultants shall be in accordance with information contained
in the Notice to Proposers DBE Information (Exhibit 10-I), Consultant Proposal DBE
Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit
10-O2) attached hereto as Exhibit F and incorporated herein by this reference as
though fully set forth herein. If a DBE subconsultant is unable to perform, the
CONSULTANT must make a good faith effort to replace him/her with another DBE
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subconsultant, if the goal is not otherwise met.
C.DBEs and other small businesses, as defined in 49 CFR, Part 26 are
encouraged to participate in the performance of contracts financed in whole or in part
with federal funds. The CONSULTANT or subconsultant shall not discriminate on the
basis of race, color, national origin, or sex in the performance of the AGREEMENT.
CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the
award and administration of US DOT-assisted agreements. Failure by the
CONSULTANT to carry out these requirements is a material breach of the
AGREEMENT, which may result in the termination of the AGREEMENT or such other
remedy as the COUNTY deems appropriate.
D.Any subcontract entered into as a result of this contract shall contain all of
the provisions of this section.
E.A DBE firm may be terminated only with prior written approval from the
COUNTY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting
the COUNTY’s consent for the termination, the CONSULTANT must meet the
procedural requirements specified in 49 CFR 26.53(f).
F.A DBE performs a Commercially Useful Function (CUF) when it is
responsible for execution of the work of the AGREEMENT and is carrying out its
responsibilities by actually performing, managing, and supervising the work involved.
To perform a CUF, the DBE must also be responsible with respect to materials and
supplies used on the contract, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for the material
itself. To determine whether a DBE is performing a CUF, evaluate the amount of work
subcontracted, industry practices, whether the amount the firm is to be paid under the
AGREEMENT is commensurate with the work it is actually performing, and other
relevant factors.
G.A DBE does not perform a CUF if its role is limited to that of an extra
participant in a transaction, contract, or project through which funds are passed in
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order to obtain the appearance of DBE participation. In determining whether a DBE is
such an extra participant, examine similar transactions, particularly those in which
DBEs do not participate.
H.If a DBE does not perform or exercise responsibility for at least thirty percent
(30%) of the total cost of its contract with its own work force, or the DBE subcontracts
a greater portion of the work of the contract than would be expected on the basis of
normal industry practice for the type of work involved, it will be presumed that it is not
performing a CUF.
I.The CONSULTANT shall maintain records of materials purchased or
supplied from all subcontracts entered into with certified DBEs. The records shall
show the name and business address of each DBE or vendor and the total dollar
amount actually paid each DBE or vendor, regardless of tier. The records shall show
the date of payment and the total dollar figure paid to all firms. DBE prime consultants
shall also show the date of work performed by their own forces along with the
corresponding dollar value of the work.
J.Upon completion of the AGREEMENT, a summary of these records shall be
prepared and submitted on the form entitled, “Final Report-Utilization of
Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F
(Exhibit 17-F, of the LAPM), attached herto as Exhibit F, certified correct by the
CONSULTANT or the CONSULTANT’s authorized representative and shall be
furnished to the CONTRACT ADMINISTRATOR with the final invoice. Failure to
provide the summary of DBE payments with the final invoice will result in twenty-five
percent (25%) of the dollar value of the invoice being withheld from payment until the
form is submitted. The amount will be returned to the CONSULTANT when a
satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE),
First-Tier Subconsultants” is submitted to the CONTRACT ADMINISTRATOR.
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K.If a DBE subconsultant is decertified during the life of the AGREEMENT, the
decertified subconsultant shall notify the CONSULTANT in writing with the date of
decertification. If a subconsultant becomes a certified DBE during the life of the
AGREEMENT , the subconsultant shall notify the CONSULTANT in writing with the
date of certification. Any changes should be reported to the CONTRACT
ADMINISTRATOR within 30 days.
X.COST PRINCIPLES
A. The CONSULTANT agrees that the Contract Cost Principles and
Procedures, Title 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part
31.000 et seq., shall be used to determine the cost allowability for individual items.
B. The CONSULTANT also agrees to comply with federal procedures in
accordance with Title 49 CFR, Part 18, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
C.Any costs for which payment has been made to CONSULTANT that are
determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are
subject to repayment by CONSULTANT to the COUNTY.
XI. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants, by execution of the AGREEMENT, that the
CONSULTANT has not employed or retained any company or person, other than a
bona fide employee working for the CONSULTANT; to solicit or secure the
AGREEMENT; and that the CONSULTANT has not paid or agreed to pay any
company or person other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or
resulting from the award or formation of the AGREEMENT. For breach or violation of
this warranty, the COUNTY shall have the right to annul the AGREEMENT without
liability, and to pay only for the value of the work actually performed by the
CONSULTANT, or alternatively in the COUNY’s discretion, to deduct from the
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contract price or consideration, or otherwise recover the full amount of such any such
commission, percentage, brokerage fee, gift, contingent fee or similar form of
consideration previously paid by the CONSULTANT.
XII.RETENTION OF RECORDS/AUDIT
A.For the purpose of determining the sufficiency of the CONTRACTOR’s
performance of the contract (and compliance with Public Contract Code 10115, et
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq.,
when applicable), the CONSULTANT, subcontractors, and the COUNTY, and each of
them, shall maintain all books, documents, papers, accounting records, and other
evidence pertaining to the performance of the AGREEMENT, including but not limited
to, the costs of administering the AGREEMENT.
B.All parties shall make such materials available at their respective offices at
all reasonable times throughout the entirety of the contract term and for three years
from the date of final payment under the contract, pursuant to Government Code
8546.7. The state, the State Auditor, the COUNTY, Federal Highway Administration
(FHWA), or any duly authorized representative of the federal government shall have
access to any books, records, and documents of the CONSULTANT, and the work
papers of its certified public accountants, that are pertinent to the contract for audit,
examinations, excerpts, and transactions, and copies thereof shall be furnished if
requested as more thoroughly set forth in Section D of Article XIV of the
AGREEMENT.
XIII.AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post
audit of the AGREEMENT that is not disposed of by agreement between the parties,
shall be reviewed by the COUNTY’s Auditor/Controller/Treasurer/Tax-Collector.
B. Not later than 30 days after issuance of the final audit report, the
CONSULTANT may request a review by the COUNTY’s
Auditor/Controller/Treasurer/Tax-Collector of unresolved audit issues. The request for
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review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by the COUNTY will
excuse the CONSULTANT from full and timely performance, in accordance with the
terms of the AGREEMENT.
D.The CONSULTANT and subconsultants’ contracts, including cost proposals
and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited
to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public
accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the
AGREEMENT, cost proposal and ICR and related workpapers, if applicable, will be
reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR Audit Workpaper Review it is the
CONSULTANT’s responsibility to ensure federal, state, or local government officials
are allowed full access to the CPA’s workpapers, including making copies as the
auditor deems necessary. The AGREEMENT, cost proposal, and ICR shall be
adjusted by the CONSULTANT and approved by the CONTRACT ADMINISTRATOR
to conform to the audit or review recommendations. The CONSULTANT agrees that
individual terms of costs identified in the audit report shall be incorporated into the
AGREEMENT by this reference if directed by COUNTY at its sole discretion. Refusal
by the CONSULTANT to incorporate audit or review recommendations, or to ensure
that the Federal, State, or local governments have access to CPA workpapers, will be
considered a breach of the AGREEMENT terms and cause for termination of the
AGREEMENT and disallowance of prior reimbursed costs.
XIV.DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under the
AGREEMENT that is not disposed of by agreement between the parties shall be
decided by a committee consisting of the CONTRACT ADMINISTRATOR and the
DIRECTOR, who may consider written or verbal information submitted by the
CONSULTANT.
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B. Not later than 30 days after completion of all deliverables necessary to
complete the plans, specifications and estimate, the CONSULTANT may request
review by the COUNTY BOARD OF SUPERVISORS of unresolved claims or
disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee
will excuse the CONSULTANT from full and timely performance in accordance with
the terms of the AGREEMENT.
XV.SUBCONTRACTING
A. Nothing contained in the AGREEMENT or otherwise, shall create any
contractual relation between the COUNTY and any subconsultant(s), and no
subcontract shall relieve the CONSULTANT of its responsibilities and obligations
hereunder. The CONSULTANT agrees to be as fully responsible to the COUNTY for
the acts and omissions of its subconsultant(s) and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the CONSULTANT. The CONSULTANT’s obligation to pay its
subconsultant(s) is an independent obligation from the COUNTY’s obligation to make
payments to the CONSULTANT.
B.The CONSULTANT shall perform the work contemplated with resources
available within its own organization; and no portion of the work pertinent to the
AGREEMENT shall be subcontracted without written authorization by the
CONTRACT ADMINISTRATOR, excepting only those portions of the work and the
responsible subconsultants that are expressly identified in Exhibit B hereto.
C.The CONSULTANT shall pay its subconsultants within ten (10) calendar
days from receipt of each payment made to the CONSULTANT by the COUNTY.
D.All subcontracts entered into as a result of the AGREEMENT shall contain
all the provisions stipulated in the AGREEMENT to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by the
CONTRACT ADMINISTRATOR prior to the start of work by the subconsultant(s).
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XVI.EQUIPMENT PURCHASE
A.Prior authorization in writing, by the CONTRACT ADMINISTRATOR, shall
be required before the CONSULTANT enters into any unbudgeted purchase order, or
subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services.
The CONSULTANT shall provide an evaluation of the necessity or desirability of
incurring such costs.
B.Prior authorization by the CONTRACT ADMINISTRATOR shall be required
for purchase of any item, service or consulting work in excess of $5,000 that is not
covered in the CONSULTANT’s Cost Proposal; and the CONSULTANT’s request
must be accompanied by three competitive quotations, unless the absence of bidding
is adequately justified, to the satisfaction of the CONTRACT ADMINISTRATOR in his
or her discretion, by written explanation provided by the CONSULTANT with its
submittal.
C.Any authorized purchase of equipment as a result of the AGREEMENT is
subject to the following: “The CONSULTANT shall maintain an inventory of all
nonexpendable property. Nonexpendable property is defined as having a useful life of
at least two years and an acquisition cost of $5,000 or more. If the purchased
equipment needs replacement and is sold or traded in, the COUNTY shall receive a
proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT
is terminated, the CONSULTANT may either keep the equipment and credit the
COUNTY in an amount equal to its fair market value, or sell such equipment at the
best price obtainable at a public or private sale, in accordance with established
COUNTY procedures; and credit the COUNTY in an amount equal to the sales price.
If the CONSULTANT elects to keep the equipment, fair market value shall be
determined at the CONSULTANT’s expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an
appraiser mutually agreeable to by the COUNTY and the CONSULTANT, if it is
determined to sell the equipment, the terms and conditions of such sale must be
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approved in advance by the COUNTY.” Title 49 CFR, Part 18 requires a credit to
Federal funds when participating equipment with a fair market value greater than
$5,000.00 is credited to the PROJECT.
XVII.INSPECTION OF WORK
The CONSULTANT and any subconsultant shall permit the COUNTY, the
state, and the FHWA to review and inspect the project activities and files at all
reasonable times during the performance period of the AGREEMENT including review
and inspection on a daily basis.
XVIII.INSURANCE
A.W ithout limiting the COUNTY’S right to obtain indemnification from the
CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall
maintain in full force and effect, the following insurance policies throughout the term of
the AGREEMENT; provided, however that the CONSULTANT shall not be required to
obtain or provide such insurance policies unless and until they are authorized to
provide services.
1.Commercial General Liability Insurance with limits of not less than
One Million Dollars ($1,000,000.00) per occurrence and an aggregate of Two Million
Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis.
2.Comprehensive Automobile Liability Insurance with limits for bodily
injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person,
Five Hundred Thousand Dollars ($500,000.00) per accident and for property damage
of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage
should include owned and non-owned vehicles used in connection with the
AGREEMENT.
3.Worker's Compensation insurance policy as required by the
California Labor Code.
4.Professional Liability Insurance:
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a.If the CONSULTANT employs licensed professional staff in
providing services, Professional Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per claim, Three Million Dollars ($3,000,000.00)
aggregate. The policy for Professional Liability shall remain in full force and effect for
period of three years from the completion date of the AGREEMENT.
B.The CONSULTANT shall obtain endorsements to the Commercial General
Liability insurance naming the COUNTY, its officers, agents, and employees,
individually and collectively, as additional insured, but only insofar as the operations
under the AGREEMENT are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by
the COUNTY, its officers, agents and employees shall be excess only and not
contributing with insurance provided under the CONSULTANT'S policies herein. The
CONSULTANT shall give the COUNTY at least thirty (30) days advance written notice
of any cancellation, expiration, reduction or other material change in coverage with
respect to any of the aforesaid policies.
C.Prior to commencing any such work under the AGREEMENT, the
CONSULTANT shall provide to the COUNTY certificates of insurance and
endorsements for all of the required policies as specified above, stating that all such
insurance coverage has been obtained and is in full force; that the COUNTY, its
officers, agents and employees will not be responsible for any premiums on the
policies; that such Commercial General Liability insurance names the COUNTY, its
officers, agents and employees, individually and collectively, as additional insured, but
only insofar as the operations under the AGREEMENT are concerned; that such
coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by the COUNTY, its officers, agents and
employees, shall be excess only and not contributing with insurance provided under
the CONSULTANT'S policies herein; and that this insurance shall not be cancelled or
changed without a minimum of thirty (30) days advance, written notice given to the
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COUNTY. The certificates shall be sent to the CONTRACT ADMINISTRATOR at
Department of Public Works and Planning, Design Division, 2220 Tulare Street, Sixth
Floor, Fresno, CA 93721.
D.In the event CONSULTANT fails to keep in effect at all times insurance
coverage as herein provided, once such insurance is required in accordance with
Article XVIII.A, the COUNTY may, in addition to other remedies it may have, terminate
the AGREEMENT upon the occurrence of such event.
E.All policies shall be with admitted insurers licensed to do business in the
State of California. Insurance purchased shall be purchased from companies
possessing a current A.M. Best, Inc. rating of A FSC VIII or better.
XIX.OWNERSHIP OF DATA
A.All documents, including preliminary documents, calculations, and survey
data, required in performing services under the AGREEMENT shall be submitted to,
and shall remain at all times the property of the COUNTY regardless of whether they
are in the possession of the CONSULTANT or any other person, firm, corporation or
agency.
B.The CONSULTANT understands and agrees the COUNTY shall retain full
ownership rights of the drawings and work product of the CONSULTANT for the
PROJECT, to the fullest extent permitted by law. In this regard, the CONSULTANT
acknowledges and agrees CONSULTANT’s services are on behalf of the COUNTY
and are “works made for hire,” as that term is defined in copyright law, by the
COUNTY; that the drawings and work product to be prepared by the CONSULTANT
are for the sole and exclusive use of the COUNTY, and that the COUNTY shall be the
sole owner of all patents, copyrights, trademarks, trade secrets and other rights and
contractual interests in connection therewith which are developed and compensated
solely under the AGREEMENT; that all the rights, title and interest in and to the
drawings and work product will be transferred to the COUNTY by the CONSULTANT
to the extent the CONSULTANT has an interest in and authority to convey such
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rights; and the CONSULTANT will assist the COUNTY to obtain and enforce patents,
copyrights, trademarks, trade secrets, and other rights and contractual interests
relating to said drawings and work product, free and clear of any claim by the
CONSULTANT or anyone claiming any right through the CONSULTANT. The
CONSULTANT further acknowledges and agrees the COUNTY’s ownership rights in
such drawings or work product, shall apply regardless of whether such drawings or
work product, or any copies thereof, are in possession of the CONSULTANT, or any
other person, firm, corporation, or entity. For purposes of the AGREEMENT the terms
“drawings and work product” shall mean all reports and study findings commissioned
to develop the project design, drawings and schematic or preliminary design
documents, certified reproducibles of the original final construction contract drawings,
specifications, the approved estimate, record drawings, as-built plans, and
discoveries, developments, designs, improvement, inventions, formulas, processes,
techniques, or specific know-how and data generated or conceived or reduced to
practice or learning by the CONSULTANT, either alone or jointly with others, that
result from the tasks assigned to the CONSULTANT by the COUNTY under the
AGREEMENT.
C.If the AGREEMENT is terminated during or at the completion of any service
included in Exhibit A, a reproducible copy of report(s) or preliminary documents shall
be submitted by the CONSULTANT to the COUNTY, which may use them to
complete the PROJECT at a future time.
D.If the PROJECT is terminated at the completion of a construction document
phase of the PROJECT, certified reproducibles on .003” mylars of the original final
construction contract drawings, specifications, and approved engineer’s estimate shall
be submitted by the CONSULTANT to the COUNTY.
E.The COUNTY may request that certain machine-readable information and
data (“CAD data”) be provided by the CONSULTANT under the AGREEMENT. Such
CAD data is more specifically described in Exhibit A. The electronic files provided by
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the CONSULTANT to the COUNTY are submitted for an acceptance period lasting
until the expiration of the AGREEMENT (i.e., throughout the duration of the contract
term, including any extensions). Any defects the COUNTY discovers during such
acceptance period will be reported to the CONSULTANT and will be corrected as part
of the CONSULTANT’s “Basic Scope of Work.”
F.The CONSULTANT shall not be liable for claims, liabilities or losses arising
out of, or connected with (1) the modification or misuse by the COUNTY or anyone
authorized by the COUNTY, of such CAD data, or (2) decline of accuracy or
readability of CAD data due to inappropriate storage conditions or duration; or (3) any
use by the COUNTY, or anyone authorized by the COUNTY, of such CAD data or
other project documentation for additions to the PROJECT for the completion of the
PROJECT by others, or for other projects; except to the extent that said use may may
be expressly authorized, in writing, by the CONSULTANT.
G. The COUNTY, in the discretion of its Board of Supervisors, may permit the
copyrighting of reports or other products of the AGREEMENT; and provided further,
that if copyrights are permitted; the CONSULTANT hereby agrees and this
AGREEMENT shall be deemed to provide that the FHWA shall have the royalty-free
nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to
authorize others to use, the work for government purposes.
XX.CLAIMS FILED BY COUNTY’S CONSTRUCTION CONTRACTOR
A. If claims are filed by the COUNTY’s construction contractor relating to work
performed by the CONSULTANT’s personnel, and additional information or
assistance from the CONSULTANT’s personnel is required in order to evaluate or
defend against such claims, then the CONSULTANT hereby agrees in such event to
make its personnel available for consultation with the COUNTY’s construction
contract administration and legal staff and for testimony, if necessary, at depositions
and at trial or arbitration proceedings.
B.The CONSULTANT’s personnel that the COUNTY considers essential to
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assist in defending against construction contractor claims will be made available on
reasonable notice from the COUNTY. Consultation or testimony will be reimbursed at
the same rates, including travel costs that are being paid for the CONSULTANT’s
personnel services under the AGREEMENT. Services of the CONSULTANT’s
personnel in connection with consultation or testimony for this purpose will be
performed pursuant to a written contract amendment, if determined by the parties to
be necessary or appropriate.
XXI.CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information
relative to the COUNTY’S operations, which are designated confidential by the
COUNTY and made available to the CONSULTANT in order to carry out the
AGREEMENT, shall be protected by the CONSULTANT from unauthorized use and
disclosure.
B. Permission to disclose information on one occasion, or public hearing held
by the COUNTY relating to the AGREEMENT, shall not authorize the CONSULTANT
to further disclose such information, or disseminate the same on any other occasion.
C. The CONSULTANT shall not comment publicly to the press or any other
media regarding the AGREEMENT or the COUNTY’s actions on the same, except to
the COUNTY’s staff, the CONSULTANT’s own personnel involved in the performance
of the AGREEMENT, at public hearings or in response to questions from a Legislative
committee.
D. The CONSULTANT shall not issue any news release or public relations item
of any nature, whatsoever, regarding work performed or to be performed under the
AGREEMENT without prior review of the contents thereof by the COUNTY, and
receipt of the COUNTY’S written permission.
E. Any subcontract entered into as a result of the AGREEMENT shall contain
all of the provisions of this Article.
F. All information related to the construction estimate is confidential, and shall
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not be disclosed by the CONSULTANT to any entity other than the COUNTY.
XXII.NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, the CONSULTANT
hereby states under penalty of perjury that no more than one final unappealable
finding of contempt of court by a federal court has been issued against the
CONSULTANT within the immediately preceding two-year period, because of the
CONSULTANT’s failure to comply with an order of a federal court that orders the
CONSULTANT to comply with an order of the National Labor Relations Board.
XXIII.EVALUATION OF CONSULTANT
The CONSULTANT’s performance will be evaluated by the COUNTY using
Exhibit G, attached hereto and incorporated herein by this reference as though fully
set forth herein. A copy of the evaluation will be sent to the CONSULTANT for
comments. The evaluation together with the comments shall be retained as part of the
contract record.
XXIV.STATEMENT OF COMPLIANCE
A.The CONSULTANT’s signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California that the
CONSULTANT has, unless exempt, complied with, the nondiscrimination program
requirements of Government Code Section 12990 and Title 2, California
Administrative Code, Section 8103.
B.During the performance of the AGREEMENT, the CONSULTANT and its
subconsultants shall not unlawfully discriminate, harass, or allow harassment against
any employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS), mental
disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of
family care leave. The CONSULTANT and subconsultants shall insure that the
evaluation and treatment of their employees and applicants for employment are free
from such discrimination and harassment. The CONSULTANT and subconsultants
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shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code
§12990 (a-f) et seq.) and the applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of
the California Code of Regulations, are incorporated into the AGREEMENT by
reference and made a part hereof as if set forth in full. The CONSULTANT and
subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
C. The CONSULTANT shall comply with regulations relative to Title VI
(nondiscrimination in federally-assisted programs of the Department of Transportation
–Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964
Civil Rights Act). Title VI provides that the recipients of federal assistance will
implement and maintain a policy of nondiscrimination in which no person in the state
of California shall, on the basis of race, color, national origin, religion, sex, age,
disability, be excluded from participation in, denied the benefits of or subject to
discrimination under any program or activity by the recipients of federal assistance or
their assignees and successors in interest.
D.The CONSULTANT with regard to the work performed by it during the
AGREEMENT shall act in accordance with Title VI. Specifically, the CONSULTANT
shall not discriminate on the basis of race, color, national origin, religion, sex, age, or
disability in the selection and retention of Subconsultants, including procurement of
materials and leases of equipment. The CONSULTANT shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s
Regulations, including employment practices when the AGREEMENT covers a
program whose goal is employment.
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XXV.DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein, shall constitute a certification
under penalty of perjury under the laws of the State of California, that the
CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29,
Debarment and Suspension Certificate, which certifies that he/she or any person
associated therewith in the capacity of owner, partner, director, officer, or manager, is
not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency; has not been suspended, debarred, voluntarily
excluded, or determined ineligible by any federal agency within the past three (3)
years; does not have a proposed debarment pending; and has not been indicted,
convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past three (3)
years. Any exceptions to this certification must be disclosed to the COUNTY on
Exhibit H, attached hereto and incorporated herein by this reference as though fully
set forth herein.
B. Exceptions will not necessarily result in denial of recommendation for award,
but will be considered in determining the CONSULTANT’s responsibility. Disclosures
must indicate to whom exceptions apply, initiating agency, and dates of action.
C.Exceptions to the Federal Government Excluded Parties Listing System
maintained by the General Services Administration are to be determined by the
FHWA.
XXVI.STATE PREVAILING WAGE RATES
A.The CONSULTANT shall comply with the State of California’s General
Prevailing Wage Rate requirements in accordance with California Labor Code,
Section 1770, and all Federal, State, and local laws and ordinances applicable to the
work.
B.Any subcontract entered into as a result of this contract if for more than
$25,000 for public works construction or more than $15,000 for the alteration,
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demolition, repair, or maintenance of public works, shall contain all of the provisions of
this Article.
XXVII.CONFLICT OF INTEREST
A.The CONSULTANT shall comply with the provisions of the Fresno County
Department of Public Works and Planning Conflict of Interest Code, attached hereto
as Exhibit I and incorporated herein by this reference as though fully set forth herein.
Such compliance shall include the filing of annual statements pursuant to the
regulations of the State Fair Political Practices Commission including, but not limited
to, portions of Form 700.
B.The CONSULTANT shall disclose any financial, business, or other
relationship with the COUNTY that may have an impact upon the outcome of this
contract, or any ensuing COUNTY construction project. The CONSULTANT shall also
list current clients who may have a financial interest in the outcome of this contract, or
any ensuing COUNTY construction project, which will follow.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of
services under the AGREEMENT.
D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any
firm affiliated with the CONSULTANT will bid on any construction contract, or on any
contract to provide construction inspection for any contractor on a construction project
resulting from this AGREEMENT; provided, however, that this shall not be construed
as disallowing CONSULTANT or affiliated firm from performing, pursuant to this
AGREEMENT or other agreement with the COUNTY, construction inspection services
on behalf of the COUNTY for the PROJECT. An affiliated firm is one, which is subject
to the control of the same persons through joint ownership, or otherwise.
E.Except for subconsultants whose services are limited to providing surveying
or materials testing information, no subconsultant who has provided design services
in connection with this AGREEMENT shall be eligible to bid on any construction
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contract, or on any contract to provide construction inspection for any contractor on a
construction project resulting from this AGREEMENT; provided, however, that this
shall not be construed as disallowing subconsultants who have provided design
services for the PROJECT from performing, pursuant to the AGREEMENT or other
agreement with COUNTY, construction inspection services on behalf of the COUNTY
for the PROJECT.
XXVIII.REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that the AGREEMENT was not obtained or
secured through rebates, kickbacks or other unlawful consideration, either promised
or paid to any COUNTY employee. For breach or violation of this warranty, the
COUNTY shall have the right, in its discretion, to do any of the following: terminate
the AGREEMENT without liability; or to pay only for the value of the work actually
performed; or to deduct from the AGREEMENT price; or otherwise recover the full
amount of such rebate, kickback or other unlawful consideration.
XXIX.PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT shall sign the lobbying forms, attached hereto and
incorporated herein by this reference as though fully set forth herein as Exhibit J, in
accordance with the instructions found on each form.
B. The CONSULTANT certifies to the best of his or her knowledge and belief
that:
1. No state, federal or COUNTY appropriated funds have been paid, or
will be paid by or on behalf of the CONSULTANT to any person for influencing or
attempting to influence an officer or employee of any state or federal agency; a
Member of the State Legislature or United States Congress; an officer or employee of
the Legislature or Congress; or any employee of a Member of the Legislature or
Congress, in connection with any of the following:
(a)the awarding of any state or federal contract;
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(b)the making of any state or federal grant;
(c)the making of any state or federal loan;
(d)the entering into of any cooperative agreement, or
(e)the extension, continuation, renewal, amendment, or modification of
any state or federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid,
or will be paid to any person for influencing or attempting to influence an officer or
employee of any federal agency; a Member of Congress; an officer or employee of
Congress, or an employee of a Member of Congress; in connection with this federal
contract, grant, loan, or cooperative agreement, then the CONSULTANT shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
C.The certification required by the provisions of this Article is a material
representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Title 31, U.S. Code Section 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
D. The CONSULTANT also agrees by signing this document that he or she
shall require that the language of this certification be included in all lower-tier
subcontracts, which exceed $100,000, and that all such sub-recipients shall certify
and disclose accordingly.
XXX.INDEPENDENT CONTRACTOR
A.In performance of the work, duties and obligations assumed by the
CONSULTANT under the AGREEMENT, it is mutually understood and agreed that the
CONSULTANT, including any and all of the CONSULTANT’s officers, agents, and
employees will at all times be acting and performing as an independent contractor, and
shall act in an independent capacity and not as an officer, agent, servant, employee,
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joint venturer, partner, or associate of the COUNTY. Furthermore, the COUNTY shall
have no right to control or supervise or direct the manner or method by which the
CONTRACTOR shall perform its work and function. However, the COUNTY shall retain
the right to administer the AGREEMENT so as to verify that the CONSULTANT is
performing its obligations in accordance with the terms and conditions thereof.
B.The CONSULTANT and the COUNTY shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities
having jurisdiction over matters the subject thereof.
C.Because of its status as an independent contractor, the CONSULTANT
shall have absolutely no right to employment rights and benefits available to the
COUNTY employees. The CONSULTANT shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, the CONSULTANT shall be solely responsible and save the COUNTY
harmless from all matters relating to payment of the CONSULTANT’s employees,
including compliance with Social Security withholding and all other regulations governing
such matters. It is acknowledged that during the term of the AGREEMENT, the
CONSULTANT may be providing services to others unrelated to the COUNTY or to the
AGREEMENT.
XXXI.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONSULTANT is operating as a
corporation (a for-profit or non-profit corporation) or if during the term of the
AGREEMENT, the CONSULANT changes its status to operate as a corporation.
Members of the CONSULTANT’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONSULTANT is providing goods or
performing services under the AGREEMENT. A self -dealing transaction shall mean a
transaction to which the CONSULTANT is a party and in which one or more of its
directors has a material financial interest. Members of the Board of Directors shall
disclose any self-dealing transactions that they are a party to by completing and
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signing a Self-Dealing Transaction Disclosure Form, attached hereto and incorporated
herein by this reference as though fully set forth herein as Exhibit K and submitting it
to the COUNTY prior to commencing with the self-dealing transaction or immediately
thereafter.
XXXII.NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms
of the AGREEMENT and changes thereto, shall be effected by the mailing thereof by
registered or certified mail, return receipt requested, postage prepaid, and addressed
to the CONTRACT ADMINISTRATOR and the CONSULTANT’s PROJECT
MANAGER identified above in Article I, Section C.
XXXIII.NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract the AGREEMENT or any of
its respective rights or duties hereunder, without the prior written consent of the other
party.
XXXIV.CONSULTANT’S LEGAL AUTHORITY
Each individual executing or attesting the AGREEMENT on behalf of the
CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly
authorized by or in accordance with the CONSULTANT’s corporate by-laws to
execute or attest and deliver the AGREEMENT on behalf of the CONSULTANT; and
(ii) that the AGREEMENT, once he or she has executed it, is and shall be binding
upon such Corporation.
XXXV.BINDING UPON SUCCESSORS
The AGREEMENT shall be binding upon and inure to the benefit of the parties
and their respective successors in interest, assigns, legal representatives, and heirs.
XXXVI.INCONSISTENCIES
In the event of any inconsistency in interpreting the documents which constitute
the AGREEMENT, the inconsistency shall be resolved by giving precedence in the
following order of priority: (1) the text of the AGREEMENT (excluding Exhibits); (2)
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Exhibits to the AGREEMENT.
XXXVII.SEVERABILITY
Should any part of the AGREEMENT be determined to be invalid or
unenforceable, then the AGREEMENT shall be construed as not containing such
provision, and all other provisions which are otherwise lawful shall remain in full force
and effect, and to this end the provisions of the AGREEMENT are hereby declared to
be severable.
XXXIII.SAFETY
A.The CONSULTANT shall comply with OSHA regulations applicable to
the CONSULTANT regarding necessary safety equipment or procedures. The
CONSULTANT shall comply with safety instructions issued by the DIRECTOR. 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 Section 591 of the Vehicle Code,
the COUNTY has determined that such areas are within the limits of the project and
are open to public traffic. The 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.
C.Any subcontract entered into as a result of the AGREEMENT shall
contain all of the provisions of this Article.
XXXIX.RETENTION OF FUNDS
No retainage will be withheld by the COUNTY from progress payments due the
CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and
no retainage will be held by the CONSULTANT from progress due subconsultants.
Any violation of this provision shall subject the violating CONSULTANT or
subconsultants to the penalties, sanctions, and other remedies specified in Section
7108.5 of the California Business and Professions Code. This requirement shall not
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be construed to limit or impair any contractual, administrative, or judicial remedies,
otherwise available to the CONSULTANT or subconsultant in the event of a dispute
involving late payment or nonpayment by the prime consultant or deficient
subconsultant performance, or noncompliance by a subconsultant. This provision
applies to both DBE and non-DBE CONSULTANTs and subconsultants.
XXXX.FINAL AGREEMENT
Both of the above-named parties to the AGREEMENT hereby expressly agree
that the AGREEMENT constitutes the entire agreement which is made and concluded
in duplicate between the two parties with respect to the subject matter hereof and
supersedes all previous negotiations, proposals, commitments, writing,
advertisements, publications, and understandings of any nature whatsoever unless
expressly included in the AGREEMENT. In consideration of promises, covenants and
conditions contained in the AGREEMENT, the CONSULTANT and the COUNTY, and
each of them, do hereby agree to diligently perform in accordance with the terms and
conditions of the AGREEMENT, as evidenced by the signatures below.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the
date set forth above.
CONSULTANT:
BY:
Mark lmbriani, P
Vice President/ roject Manager
TRC Engineers, Inc.· )
575 E Locust Ave., Suite 105
Fresno CA93720
ORG. NO.: 4510
SUBCLASS NO.: 11000
FUND NO.: 0010
ACCOUNT NO.: 7295
PROJECT NO.: C11110
COUNTY OF FRESNO
BY: --=----:-------c=-:--:--------=..,.,....-Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
BY: (&J.l ) ~ 't~
Deputy
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1
EXHIBIT "A"
SCOPE OF WORK
ARROYO PASAJERO BRIDGE REPLACEMENT PROJECT
ON EL DORADO AVENUE
BRIDGE NO. 42C0097
FEDERAL PROJECT NO. BRLO-5942(271)
JULY 7, 2017
INTRODUCTION
CONSULTANT has developed the following Scope of Work based on the phases and tasks provided
by Fresno County in the RFP, subsequent scoping meetings on May 25 and June 13, 2017, and
meeting at Caltrans OSLA on June 14, 2017. The basic elements of the Scope of Work include:
A. County Approved Preliminary Report
B. Environmental and Permit Application Assistance
C. 30% PS&E
D. 60% PS&E
E. Final Determination of Right-of-Way Needs
F. 90% PS&E
G. Proposed 100% PS&E
H. Final PS&E for Advertisement
I. Bid Phase Services
J. Construction Support Services
The COUNTY has selected CONSULTANT to provide engineering services for the replacement of
referenced bridge, including structure and approach roadway design, geotechnical and hydraulic
studies, and the preparation of construction contract documents for the roadway and bridge. The
COUNTY will be responsible for project surveys, environmental clearance, permit applications, utility
coordination, and right-of-way engineering and acquisition, as required.
The following scope of work shall be performed by CONSULTANT and is based on the following
assumptions:
ASSUMPTIONS
In addition to the assumptions stated within the various tasks below, the following assumptions were
made in the development of the scope and fee for this project. Deviations from these assumptions
may require a changed scope, schedule, or fee.
1.No utilities will be placed on the new bridge.
2.The design of utility relocations will be by others.
3.The road will be closed during construction.
4.The horizontal alignment of the replacement bridge will match that of the existing bridge.
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5.A fee for revising funding paperwork as described under Task 1.K will be negotiated with the
County at a later date, as additional funding over that currently reserved will be required.
6.Channel improvements will be limited to an area 100' upstream and downstream of the
bridge. At the conclusion of Phase 1 the validity of this assumption will be evident.
7.The new structure will have a length of approximately 250-300', and will consist of 2, 3, or 5
spans as shown on Attachment 1, which was Exhibit 3 of the CONSULTANT proposal.
PHASE 0: PROJECT MANAGEMENT
TASK 0.A PROJECT MANAGEMENT
CONSULTANT shall prepare monthly progress reports including a summary of work completed,
indicating percentage complete of each work task, along with an updated project schedule in tabular
or bar chart format. This task includes phone conversations with the COUNTY, direction of the work,
review of major deliverables before submittal, preparing monthly invoices showing percent complete
of each phase, and supervision of subconsultants. Progress reports and updated schedules will be
submitted to the COUNTY prior to the 20th day of each month.
Deliverables:
Invoices, Monthly Progress Reports and Updated Schedules
TASK 0.B MEETING ATTENDANCE
CONSULTANT will meet with the COUNTY at a project kick-off meeting to discuss the Scope of Work,
project requirements, design criteria, and the COUNTY’s most current scheduling and review
requirements. Additionally, CONSULTANT will meet with the County and project team periodically
throughout the course of the project (6 meetings assumed, including constructability review meetings
held in Phases 2 & 3). An agenda and outline will be prepared and distributed before each meeting,
and notes and an action items list will be prepared and distributed after each meeting.
Deliverables:
Meeting Agendas
Meeting Notes, including Action Items
PHASE 1: PRELIMINARY DESIGN
TASK 1.A SITE VISIT
CONSULTANT will attend a site visit with County staff from the Design and Road Maintenance
Divisions to conduct a visual assessment of the existing conditions, note facilities that will be affected
by the project and confirm design assumptions. To the extent possible, these assumptions are stated
herein.
TASK 1.B RESEARCH COUNTY RECORDS
COUNTY shall provide to CONSULTANT and CONSULTANT will review existing project information,
including funding documents, field review forms, as-built plans, bridge inspection reports, parcel
maps, utility maps, and other relevant project data. CONSULTANT is already in receipt of several of
these items.
TASK 1.C STAKEHOLDER COORDINATION
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CONSULTANT shall research and create a list of project stakeholders, including school districts,
irrigation districts, utility companies, government agencies and property owners. CONSULTANT will
coordinate with stakeholders throughout the course of the project in order to minimize impact to their
operations and/or satisfy their design requirements. The County will assist in acquiring stakeholders'
information.
Deliverables:
Stakeholder List
Stakeholder Communication Records
TASK 1.D UTILITY COORDINATION (BY COUNTY)
Utility coordination will be performed by the County. There are overhead electrical lines running
across the channel on the east side of the bridge, and are believed to be outside of the County’s right
of way. These electrical lines belong to PG&E. There is a buried gas transmission line running
parallel to the roadway on the west side of the bridge, and it is believed to be outside of the County’s
right of way. This gas line belongs to PG&E. Finally, there is a buried telephone line belonging to
AT&T which is attached to the east edge of bridge deck.
During this phase, the County shall prepare letters and distribute to agencies/utilities requesting utility
type and location information and record drawings (Utility ‘A’ Letter). Distribution shall include a
location map for the project. The COUNTY will provide to CONSULTANT copies of the Utility ‘A’
letters sent to the various utility owners within the project limits, and the response information received
from each owner. CONSULTANT shall identify known utility conflicts with the project and determine
which utilities, if any, need to be relocated. Subsequent utility coordination work will be performed
under “Utility Coordination/Design.”
TASK 1.E SURVEYING AND MAPPING (BY COUNTY)
Task 1.E.1 Topographic Mapping
CONSULTANT will review the topographic survey provided by the COUNTY. The CONSULTANT
shall determine the extent of the survey sufficient for approach roadway design. It is anticipated that
field survey along El Dorado Avenue will extend 600 ft. from each end of the bridge, centered on the
existing roadway centerline. Survey control shall be based upon existing COUNTY horizontal and
vertical control monumentation. Contour interval shall be one foot. The location and elevations of
existing improvements, including curb and gutter, sidewalks, driveways, and existing visible surface
utility facilities within 20’ of the existing right-of-way shall be obtained/verified by field survey. Also,
utility invert elevations shall be obtained where accessible. A registered Land Surveyor will lead the
County survey work and stamp the resultant mapping per BORPELS requirements for this work.
Task 1.E.2 Bridge Site Topography
CONSULTANT will review the bridge site topography provided by the COUNTY and identify any
additional surveys needed. Detailed bridge site topography length is anticipated to be 500’, including
the bridge and 100’ north and south of the bridge abutments. Contour interval shall be one foot. The
elevations and location of the existing bridge and foundations shall be obtained. The channel shall
also be surveyed, including top and toe of bank and thalweg elevations.
Task 1.E.3 Boundary Surveys
COUNTY will determine existing right-of-way boundaries and shall include boundary lines on the base
map. Existing monumentation and property lines shall be identified. CONSULTANT will assist the
COUNTY in determining the locations and limits of Temporary Construction Easements to be included
in the base map.
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Task 1.E.4 Waterway Cross-Sections
COUNTY shall obtain canal cross-sections by field survey at the following locations:
Beginning at the upstream face of the existing bridge and then at 200-foot intervals to a
distance of 1000 feet upstream. Width of cross sections shall be approximately 300 feet.
Beginning at the downstream face of the existing bridge and then at 200-foot intervals to a
distance of 1000 feet downstream. Width of cross sections shall be approximately 300 feet.
Waterway cross-sections shall include top and toe of bank, any overbanks (if present), and thalweg
elevations, as well as any grade breaks within the channel, any structures within the canal or crossing
the canal, and high water marks on the structure and channel banks.
Should additional cross-sections or topography be required, CONSULTANT will request the County
to perform such surveys.
TASK 1.F GEOTECHNICAL ASSESSMENT & DRAFT FOUNDATION REPORT
CONSULTANT will prepare a Draft Foundation Report for the site to assist in the conceptual planning,
structural evaluation type selection, and the preliminary engineering process.
Task 1.F.1 Research and Data Collection
CONSULTANT will review readily available geologic and soil literature in the vicinity of the site
including review of the geotechnical report dated February 2015 and any as-built drawings and
existing Log of Test Borings (LOTB), if any.
Permits/USA Clearances: CONSULTANT will comply with the County Permit requirements. It is
expected that two borings will be in the open areas near the two abutments and two within the channel
near new pier supports. Boring locations will be marked and USA will be called for clearances. For
borings required within the arroyo, a Fish and Game Permit will be required which will be provided by
the County.
Task 1.F.2 Field Exploration
The proposed boring program will include borings to a depth of 80-100 feet. Depending on the final
alignment and the pavement profile, R value samples can be collected from the bridge borings or
additional shallow hand samples will be collected within 200’ from the abutments. These will be from
the open field area. Previous geotechnical study has focused on the scour study for the creek. The
boring locations will depend upon the permitted access and any other as-built boring data.
CONSULTANT anticipates using a truck mounted hollow stem auger drill rig (or mud-rotary drill rig if
needed) for our work. No traffic control (lane closure) is assumed at this time. The borings appear to
be accessible from the side roads and under the bridge. If traffic control is required one lane may be
closed for a short duration for an additional cost.
Classify and continuously log subsurface soil conditions encountered in each test boring at the time
of drilling. Obtain "relatively undisturbed" and bulk samples of substrata from test borings. The
borings will be drilled and capped in accordance with the permit requirements.
Task 1.F.3 Laboratory Testing
Perform laboratory tests on representative soil samples such as moisture density, unconfined
compression, gradation analyses, R-value tests, corrosion tests and Plasticity Index test, as
necessary.
Task 1.F.4 Engineering Analysis and Report Preparation
Perform engineering analyses and develop design recommendations for the proposed bridge
foundation system. Alternate foundation systems such as CIDH piles, CISS piles or Caltrans standard
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piles will be discussed. Pavement design will be based on R-value test results and Traffic Index, the
latter will be provided by the COUNTY. Discuss seismic considerations, evaluate the liquefaction
potential and comment on the site soil conditions from this standpoint. Information related to Caltrans
Seismic design criteria (SDC v 1.7 - 2010 and updated 2012 version), shall be provided. Information
related to the revised Seismic design guidelines (2010) and the ARS curves will be provided.
Following engineering analyses, prepare preliminary recommendations for the proposed bridge
foundations including results of the analyses. The format will follow Caltrans guidelines for preparing
Bridge Foundation reports. Using the general plan as a base map, CONSULTANT will provide boring
logs using the standard Caltrans LOTB sheets. Pavement design will be provided based on the R-
value test results and the Traffic Index (provided by the client).
Deliverables:
Six copies of Preliminary Foundation Report, including LOTB drawings
TASK 1.G PRELIMINARY HYDRAULIC STUDIES
CONSULTANT will field review the proposed bridge reach with Fresno County. CONSULTANT will
review the maintenance reports for the existing bridge as well as adjacent bridges over Arroyo
Pasajero Creek to determine potential scour, drift and overtopping challenges associated with the
bridge.
Task 1.G.1 Hydrology
Peak discharges for the design event, 50- and 100-year flood event discharges will be estimated
using two different methods as outlined in the Caltrans Local Assistance Program Manual. A
statistical analysis of the upstream USGS Gage on Arroyo Pasajero (Los Gatos Creek) with a basin
transfer will be the first method. This will be checked against a regional regression analysis.
Task 1.G.2 Location Hydraulic Study
Using the HEC-RAS output data, complete a Location Hydraulic Study (Floodplain Evaluation Report)
in accordance with 23 CFR 650.113. This report is generally included in the environmental document
for the bridge.
Assumptions: CONSULTANT will complete the Floodplain Evaluation Report. It is assumed that the
bridge will not cause a significant encroachment into the floodplain; if a significant encroachment into
the floodplain is found, a separate task order will be necessary to perform additional work including a
survey of adjacent buildings to determine the potential impact of the bridge replacement on the
adjacent insurable structures. It is assumed that no significant change to the Base Flood Elevations
(BFEs) or a Conditional Letter of Map Revision (CLOMR) will be required.
Task 1.G.3 Hydraulic Analyses
Hydraulic parameters (water surface elevation and velocity) will be obtained from the Army Corps of
Engineers HEC-RAS (Hydraulic Engineering Center River Analysis System) model based on: 1) an
existing HEC-RAS model, 2) 2 to 4 channel cross sections surveyed by the COUNTY to validate the
topographic data has not changed since the HEC-RAS model was created, 3) as-built data 4) and a
reconnaissance level field investigation.
Calibration
Calibration data will be researched to determine if any highwater elevations were recorded for the
flood of record. If calibration data can be found, it will be used to calibrate the HEC-RAS model by
running the HEC-RAS model and adjusting the model parameters until the discharge associated with
the highwater marks can be replicated with the model. Variable discharges will be input into HEC-
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RAS to determine the discharge that provides a water surface elevation of matching the calibration
data. Calibration data was used to validate the hydraulic model for the bridge.
The Hydraulic Model – HEC-RAS Analysis
The river reach will be described. Manning’s “n” values for the channel and overbank will be estimated
from field investigation and engineering judgment. Two steps will be used to develop the HEC-RAS
Models:
1.Create the existing HEC model
Create an existing conditions HEC-RAS model from the surveyed cross sections and HEC-RAS
model. Create a rough 2D HEC-RAS model, as outlined in the attached scope of work for River
Focus, Task 1.G.3, to verify the ineffective flow areas and estimate velocities closer to the proposed
roadway approaches. If insufficient geometry data is available, Lidar or survey data would be needed
to supplement the model.
2. Proposed Bridge Model
The HEC-RAS model will be re-run for up to 3 proposed bridge replacement configurations. The
hydraulic variables (water surface elevation, velocity, etc.) will be determined for the design
discharge, and 50- and 100-year discharges estimated under Task 1.G.1 above. Results from the
hydraulic analysis will be provided in both tabular as well as graphical output formats.
Hydraulic Criteria
Chapter 800 of the Caltrans Highway Design Manual (HDM) delineates the hydraulic design criteria
for bridges. The basic rule for hydraulic design is that bridges should be designed to pass the Q50
with sufficient freeboard and convey the Q100 without damage, although exceptions may be granted
if sufficient evidence is provided. The HDM notes that 2 feet of freeboard is often assumed for
preliminary bridge designs but leaves the recommendation for freeboard to the judgment of the
hydraulic engineer based primarily upon the debris anticipated at the bridge.
Drift
CONSULTANT will research bridge maintenance records for existing bridges upstream and
downstream of the proposed bridge to determine if any maintenance challenges have occurred such
as debris getting caught on the bridge piers. This helps to determine the necessary freeboard, span
lengths and the type of bridge pier that will minimize debris capture and therefore future maintenance.
Assumptions: There will be no change to the water surface elevations from the proposed bridge
replacement and no FEMA coordination. If a conditional letter of map revision (CLOMR) is required
by the local agency due to a change in water surface elevation caused by the new bridge a separate
task order would be required. It is assumed that a variance will not be required from the Central
Valley Flood Protection Board.
Task 1.G.4 Scour Analysis
A scour analysis, conforming to the recommendations in Hydraulic Engineering Circular No. 18 (HEC-
18), “Evaluating Scour at Bridges”, will be prepared for the preferred bridge alternative. The total
estimated scour will consist of contraction scour plus local scour at the bridge, as calculated using
the methods and procedures recommended in HEC-18. CONSULTANT will utilize the streambed
samples obtained under “Geotechnical Assessment & Draft Foundation Report” as representative of
the entire channel at the site. It is anticipated that special scour provisions will be required given the
recent history of flooding along the Arroyo.
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Review maintenance records for the existing and adjacent bridges over Arroyo Pasajero Creek to
determine if the stream has degraded over time. Complete a geomorphology study as outlined in the
attached ICF Task 1.G.4 scope of work.
Assumptions: 1) Degradation estimates will be taken from the sediment transport model developed
as part of the geomorphology study. 2) It is assumed that the bridge will not be under pressure flow
so no pressure flow calculations will be required.
Task 1.G.5 Draft Design Hydraulic Study
A Draft Design Hydraulic Study will be prepared for the preferred bridge alternative. The report will
summarize the channel hydrology, bridge hydraulic analysis methodology and results, and the scour
analysis results and scour protection recommendations. Three copies of the study will be provided
to the COUNTY.
Task 1.G.6 Final Hydraulics, Scour and Bank Protection Analysis
Complete hydraulic analysis for the final proposed bridge alternative including overtopping flow.
Estimate final bridge scour for the proposed bridge. Calculations will be completed to determine the
need for bank protection. If bank protection is required, parameters will be provided according to the
FHWA HEC-23.
Assumptions: 1) If hydraulic calculations show that bank protection is necessary, it is assumed that
rock slope protection will be utilized as the bank protection, if alternative bank protection is requested
or indicated, a separate task order will be necessary for that work. 2) It is assumed that bank
protection/channel work is limited to 100' upstream and downstream of the bridge.
Deliverables:
Six copies of Location Hydraulic Study
Six copies of Draft Design Hydraulic Study
TASK 1.H PRELIMINARY ALIGNMENT STUDY
It is assumed the horizontal alignment will remain the same and the road will be closed with a detour
utilized. It is further assumed that only minor changes to the profile grade are required and that no
access roads to farms will be constructed.
TASK 1.I BRIDGE TYPE SELECTION REPORT
Task 1.I.1 Draft Bridge Type Selection Report
CONSULTANT will prepare a draft Bridge Type Selection Report that will serve as a basis for design
of the bridge and approach roadway, and preparation of the Environmental Document. Information
from the hydraulic efforts will be incorporated into the study along with other required design data
such as alignment, plan and profile, lane and shoulder widths, bridge width, barrier railings,
clearances, approach treatment, scour depths, slope protection, utilities, falsework requirements,
preliminary geotechnical input, and aesthetics. Preliminary cost estimates will be provided for each
bridge alternative considered. The report will make a recommendation on the structure alternative to
be carried through to final design. A General Plan drawing of each bridge alternative will be included
in the report. CONSULTANT shall prepare a Plan & Profile sheet and a Roadway Typical Section
sheet for inclusion in the report as well. Utilities anticipated to be relocated shall be identified on the
plans. Six copies of the report will be provided to the COUNTY for review.
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Task 1.I.2 Final Bridge Type Selection Report
Following COUNTY review of the draft report, a meeting shall be held to discuss review comments.
The report shall be revised based upon this discussion and resubmitted to the COUNTY for their final
use. The COUNTY shall submit the final Bridge Type Selection Report to Caltrans for approval.
Deliverables:
Six copies of Draft Bridge Type Selection Report
Six copies of Final Bridge Type Selection Report
TASK 1.J PRELIMINARY REPORT
Upon receiving County and Caltrans approval of the Bridge Type Selection Report, CONSULTANT
will proceed with preparing the project Preliminary Report. This report will provide a summary of the
findings of the design studies undertaken in Phase 1, as well as environmental information provided
by the COUNTY.
Deliverables:
Six copies of Draft and Final Preliminary Report
TASK 1.K REVISE FUNDING PAPERWORK (IF REQUIRED)
If the preliminary engineering work performed in this phase results in a change in scope, schedule,
and/or cost to the project, which is expected, CONSULTANT will prepare the HBP
Scope/Cost/Schedule Change Form (Exhibit 6-D) for PE and Construction and appropriate
attachments per Chapter 6 of the Caltrans LAPG. The completed form will be provided to the
COUNTY for signature and submittal to Caltrans. Note the County will prepare the 6-D for any
changes necessitated by right-of-way aspects.
Deliverables:
Signature-ready copy of HBP Scope/Cost/Schedule Change Form (Exhibit 6-D) and
appropriate attachments, if required
TASK 1.L 30% PLANS AND ESTIMATE
Upon receiving County approval of the Preliminary Report, CONSULTANT will proceed with
preparing the 30% plans.
Task 1.L.1 Approach Roadway Plans
CONSULTANT shall be responsible for the approach roadway design, including civil design of the
roadway, design of the bridge rail termini, and traffic design. CONSULTANT will prepare 30%
roadway plans based on the approved Preliminary Report, consisting of the Typical Sections, Layout,
Profile & Superelevation, and Traffic Detour Plan sheets. Permanent and temporary right-of way
needs will be identified on the plans.
Task 1.L.2 Bridge Plans
CONSULTANT shall prepare the 30% bridge plans based upon the approved structure type. 30%
bridge plans will consist of the General Plan and Foundation Plan sheets. Existing utilities will be
shown, and those requiring relocation will be identified.
Task 1.L.3 General Plan-Based Cost Estimate
CONSULTANT will prepare a General Plan-Based Cost Estimate for the bridge per Chapter 11 of
Caltrans Bridge Design Aids Manual. CONSULTANT will provide itemized unit costs for the bridge
and approach roadway based on Caltrans Contract Cost Data, as well as COUNTY and
CONSULTANT cost data records. Contingencies will be 25% of the total cost at this phase.
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Deliverables:
6 full size (22x34) copies of 30% Plans
6 copies of 30% General Plan Estimate
Digital copies of 30% Plans and Estimate on compact disk
TASK 1.M 30% CONSTRUCTABILITY REVIEW MEETING
CONSULTANT shall attend a 30% Constructability Review Meeting with COUNTY staff and any
interested agencies. The purpose of the meeting will be to discuss COUNTY and agency comments
on the 30% submittal, verify compliance with agency design requirements, evaluate right-of-way
needs, and discuss any issues that may affect project schedule. The COUNTY shall provide
CONSULTANT with written comments on the 30% submittal at or before the meeting.
TASK 1.N ENVIRONMENTAL DOCUMENT (BY COUNTY)
COUNTY shall prepare the necessary environmental documentation in accordance with the California
Environmental Quality Act and National Environmental Protection Act, including supporting technical
studies. CONSULTANT will assist the COUNTY in their preparation of a project description, input to
the Area of Potential Effect (APE) map, and reviewing documents for consistency with the project
design.
Deliverables:
Project Description
APE Map (Input)
PHASE 2: 60% DESIGN
Upon receiving written approval from the COUNTY, 60% design will commence. This scope is written
for a cast-in-place prestressed box girder bridge alternative and is based on the sheet count below.
It is assumed that the bridge will be built on the existing alignment in a single stage. A revised scope
would be required for a staged construction or precast girder alternative.
ROAD PLANS No. of Sheets
Title Sheet with Location Map 1
Typical Cross Sections/General Notes 1
Survey Control Sheet 1
Layout / Plan and Profile 2
Roadway Construction Details 4
Traffic Detour Plan 1
Construction Area Signs 1
Signing and Striping Plan 1
Erosion Control Plan & Details 2
Temporary Bypass Facility 1
Temporary Work Zone Signing 1
BRIDGE PLANS
General Plan 1
Deck Contours 1
Foundation Plan 1
Abutment Layout 1
Abutment Details No. 1 1
Abutment Details No. 2 1
Pier Layout 1
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Pier Details 1
Typical Section 1
Girder Layout 1
Deck & Soffit Reinforcement 1
Joint Seal Details 1
Scour Protection Details 1
Log of Test Borings No. 1 – No. 2 2
Total = 31
TASK 2.A FINALIZE DESIGN HYDRAULIC STUDY
Upon Caltrans approval of the Bridge Type Selection Report, CONSULTANT shall finalize the Design
Hydraulic Study and submit to the COUNTY for their final use.
Deliverables:
Six copies of Final Design Hydraulic Study
TASK 2.B FINALIZE FOUNDATION REPORT
Once bridge and foundation geometry and loads have been finalized and all review comments have
been received, the preliminary foundation report will be revised to produce the final Foundation
Report.
Deliverables:
Six copies of Final Foundation Report, including LOTB drawings
TASK 2.C CONTINUED ENVIRONMENTAL SUPPORT
CONSULTANT will continue support of the County’s efforts in securing environmental clearance.
Work not completed or requiring changes from that performed under Task 1.N would be performed
under this task.
TASK 2.D PERMIT APPLICATIONS (BY COUNTY)
The County shall prepare permit applications required for the Project with assistance from
CONSULTANT. CONSULTANT will assist the County by providing technical data for the permits.
Anticipated permits are listed below.
o US Army Corps of Engineers – Nationwide Permit #3 - A Pre-Construction
Notification is required.
o Regional Water Quality Control Board – Section 401, Water Quality Certification
- Individual certification is required.
o CDFW – Section 1602 Notification of Lake or Streambed Alternation (LSAA)
It is assumed that the project will qualify for Nationwide Permit (NWP) #3, which states that “any
stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or
replacement of the structure or fill; such modifications, including the removal of material from the
stream channel, must be immediately adjacent to the project or within the boundaries of the structure
or fill.” If stream channel modification will occur above what is allowable under NWP #3, an individual
permit may be required.
TASK 2.E UTILITY COORDINATION/DESIGN (BY COUNTY)
The COUNTY’s Utility Engineer will be responsible for all utility coordination and design.
CONSULTANT shall work with the County Utility Engineer to ensure that all utility conflicts and
11
construction feasibility issues are resolved and that utilities are relocated prior to the project
advertising date. It is assumed that all new or relocated facilities will be designed and constructed by
the owners of the utilities except those for any COUNTY-owned facilities.
When design is approximately 60% complete, COUNTY will prepare Utility ‘B’ letters and send to the
affected utility owners. COUNTY will prepare and send Utility ‘C’ letters upon submittal of the 100%
PS&E.
TASK 2.F 60% PLANS, SPECIFICATIONS AND ESTIMATE
Task 2.F.1 Approach Roadway Design
CONSULTANT shall provide written responses to COUNTY comments on the 30% submittal. After
receiving COUNTY concurrence on responses, CONSULTANT will proceed with approach roadway
design and preparation of 60% plans, specifications, and estimate. Approach roadway design will be
per the AASHTO Geometric Design of Highways and Streets (Green Book), current edition and
errata. Details will be in accordance with Caltrans standards.
Task 2.F.2 Bridge Design
CONSULTANT shall provide written responses to COUNTY comments on the 30% bridge submittal.
After receiving COUNTY concurrence on responses, CONSULTANT will proceed with bridge design
and preparation of 60% unchecked plans, specifications, and estimate. Bridge design will be per the
AASHTO Bridge Design Specifications, current edition, with amendments by Caltrans. Bridge details
will incorporate the recommendations of Caltrans bridge design and detailing manuals, Caltrans
Memos to Designers and the State Standard Plans.
Task 2.F.3 Specifications
CONSULTANT shall collect and edit applicable COUNTY and Caltrans standard special provisions
to create the technical specifications. COUNTY will prepare the administrative, front-end
specifications, and will incorporate the technical specifications into the final bid document.
CONSULTANT will review the portions of the project specifications prepared by the COUNTY and
provide comments on the form and content. Once the Caltrans Standard Specifications and Revised
Standard Specifications, and the County boilerplate specifications versions are agreed upon at this
stage, no subsequent changes will be made even if revised version(s) of these documents are
published.
Task 2.F.4 Quantities and Marginal Cost Estimate
Quantity calculations will be performed and the Marginal Estimate prepared. Contingencies will be
reduced to 20% of the total cost. CONSULTANT will identify Final Pay items on the Engineer’s
Estimate.
Deliverables:
Comment Response Form
6 full size (22x34) copies of 60% Plans
6 copies of annotated Technical Specifications
6 copies of 60% Engineer’s Estimate
Digital copies of 60% PS&E on compact disk
TASK 2.G 60% CONSTRUCTABILITY REVIEW MEETING
CONSULTANT shall attend a 60% Constructability Review Meeting with COUNTY staff and any
interested agencies. The purpose of the meeting will be to discuss COUNTY and agency comments
on the 60% submittal, verify compliance with agency design requirements, evaluate right-of-way
12
needs, incorporate environmental mitigations as necessary, and discuss any issues that may affect
project schedule. The COUNTY shall provide CONSULTANT with written comments on the 60%
submittal at or before the meeting.
PHASE 3: FINAL DESIGN
Upon receiving written approval from the COUNTY, final design will commence.
TASK 3.A 90% PLANS, SPECIFICATIONS AND ESTIMATE
Task 3.A.1 Approach Roadway Design
CONSULTANT shall provide written responses to COUNTY comments on the 60% submittal. After
receiving COUNTY concurrence on responses, CONSULTANT will proceed with approach roadway
design and preparation of 90% plans, specifications, and estimate.
Task 3.A.2 Bridge Independent Check
This work includes an independent check of the bridge 60% PS&E performed by a licensed engineer
who was not involved in the original design. An independent set of bridge design calculations will be
developed and comments on the design and detailing of the bridge will be generated. The reviewer’s
comments will be summarized in a review comment form and marked on the plans. Any coordination
issues between the roadway and bridge plans will also be noted. The designer will respond to the
independent check comments in the review comment form and on the plans, and the designer and
reviewer will meet to discuss responses and reach resolution.
Task 3.A.3 Quantities Check
An independent set of quantity calculations will be performed by individuals experienced in this work.
These will be organized and detailed for use by field inspectors during construction. Standard
Caltrans summary sheets will be used for quantity calculations, facilitating use by COUNTY
construction personnel. Quantity estimators must agree within tolerances prescribed in Chapter 11
of Caltrans Bridge Design Aids. Any deviations will be resolved and the Marginal Estimate updated.
Contingencies will be reduced to 10% of the total cost. CONSULTANT will identify Final Pay items
on the Engineer’s Estimate.
Task 3.A.4 Specifications Check/Update
An independent check of the project technical specifications will be performed by individuals
experienced in this work. If made available, a review of the County’s front-end specifications will be
performed, and comments on form and content as it relates to the project will be provided.
Task 3.A.5 PS&E Update
CONSULTANT will proceed with updating the PS&E based on COUNTY and independent check
comments.
Deliverables:
Comment Response Form
6 full size (22x34) copies of 90% Plans
6 copies of annotated Technical Specifications
6 copies of 90% Engineer’s Estimate
Digital copies of 90% PS&E on compact disk
TASK 3.B FINAL DETERMINATION OF RIGHT-OF-WAY
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CONSULTANT shall determine and delineate right-of-way needs for the Project; which shall include
and distinguish between acquisition or slope easements required for road right-of-way, permanent
easements for other agencies, if any, and temporary construction easement areas necessary to
facilitate construction of the Project and use as staging areas.
Drawings depicting the right-of way needs shall be provided in AutoCAD / Civil 3D format and shall
include sufficient detail to facilitate preparation by COUNTY of associated legal descriptions and
exhibit drawings for right-of-way contracts. Upon request, CONSULTANT shall provide legal
descriptions to the COUNTY as an Optional Service.
Deliverables:
Right-of-Way Delineation Drawings in AutoCAD Civil 3D format
TASK 3.C 90% CONSTRUCTABILITY REVIEW MEETING
CONSULTANT shall attend a 90% Constructability Review Meeting with COUNTY staff and any
interested agencies. The purpose of the meeting will be to discuss COUNTY and agency comments
on the 90% submittal, verify compliance with agency design requirements, evaluate right-of-way
needs, incorporate environmental mitigations as necessary, and discuss any issues that may affect
project schedule. The COUNTY shall provide CONSULTANT with written comments on the 90%
submittal at or before the meeting.
TASK 3.D 100% PLANS, SPECIFICATIONS, AND ESTIMATE
CONSULTANT will provide written responses to COUNTY comments on the 90% submittal. After
receiving COUNTY concurrence on responses, CONSULTANT will finalize the PS&E and send to
COUNTY for final approval. CONSULTANT will provide the COUNTY with an anticipated working
day schedule for use in determining the number of working days in the construction contract.
Deliverables:
Comment Response Form
6 full size (22x34) copies of 100% Plans
6 copies of Engineer’s Estimate
1 copy of Anticipated Working Day Schedule
Digital copies of Draft PS&E on compact disk
TASK 3.E FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
Upon approval of the 100% PS&E, CONSULTANT will submit the Final PS&E to the COUNTY. The
final plans, specifications, and quantities will be stamped and signed by an engineer licensed to
perform the work in California.
Deliverables:
1 full size (22x34) copy of Signed Plans on mylar
1 set of signed Bridge Calculations
1 copy of signed project specifications title sheet
1 set of signed Quantities
1 set of signed Independent Check Quantities
1 copy of final Engineer’s Estimate
Digital copies of Final PS&E on compact disk, including AutoCAD files
PHASE 4: ASSISTANCE DURING BIDDING AND CONSTRUCTION
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Upon receiving written approval from the COUNTY, assistance during bidding and construction shall
commence.
TASK 4.A ASSISTANCE DURING BIDDING
This task includes attendance of the pre-bid meeting, response to requests for information (RFI)
during bidding, preparation of addenda as required, and analysis of contractor bids, if requested.
Deliverables:
Electronic copy of Addenda Drawings and Documents
TASK 4.B CONSTRUCTION SUPPORT
This task includes attendance at the preconstruction conference held by the COUNTY, assistance in
responding to RFIs, input to change orders, and review of contractor shop plan submittals. The
COUNTY shall provide final approval of all submittals.
The COUNTY shall provide contract administration and oversight during construction. The County
will perform all construction management work including reviews of submittals not considered shop
drawings. Should the COUNTY desire assistance from CONSULTANT for these items of work, a
separate scope of work and fee will be required. CONSULTANT shall attend up to five (5) field visits
during the construction phase to provide technical support.
Deliverables:
Electronic responses to Contractor RFIs
Reviews of Contractor Submittals
SERVICES TO BE PROVIDED BY COUNTY
1. Project meeting attendance.
2. Review and comment on project deliverables.
3. Provide survey topographic map of project site.
4. Provide County standard special provisions.
5. Prepare non-technical, administrative portions of the specifications and contract documents.
6. Provide utility coordination.
7. Obtain environmental clearance.
8. Complete permit applications (with input from CONSULTANT) and submit to affected
agencies.
9. Provide right-of-way engineering, property appraisal and acquisition services.
10. Provide cost data from similar projects recently constructed in the County.
11. Provide project approval.
12. Project stakeholder coordination, as required (with assistance from CONSULTANT).
13. Perform publication, duplication, and advertising for bids for construction.
14. Prepare and issue addenda during bidding (with assistance from CONSULTANT).
15. Perform construction contract administration services.
16. CADD Template at N.T.P.
15
TASK 1.G.3
2D MODELING
SCOPE OF WORK
South El Dorado Avenue Bridge on Los Gatos Creek
Hydrologic and Hydraulic Analysis
This scope of work was prepared by River Focus, Inc. at the request of Avila and Associates
Consulting Engineers, Inc. (Avila). The purpose of this study is to perform hydrologic and hydraulic
modeling to support the design of the new South El Dorado Avenue Bridge on Los Gatos Creek.
Described below are the anticipated project tasks to be performed by River Focus.
Task 1. Hydrologic Analysis
River Focus will perform a hydrologic analysis to develop the 1% annual chance exceedance (100-
year) flood event inflow hydrograph for use in the two-dimensional (2D) hydraulic modeling described
in Tasks 2 and 3 below. The analysis will consist of utilizing existing gage data from USGS streamflow
gage #11224500 (Los Gatos Creek above Nunez Canyon near Coalinga, California) which is located
more than 20 miles upstream of the project site.
Streamflow data from the 1995 event, the largest on record for the gage, will be collected and
analyzed and scaled to a peak flow of 35,000 cfs, which represents the 1% annual chance
exceedance (100-year) flow at the project site (computed by others).
Deliverables:
1-page summary of hydrologic analysis
Task 2. Existing Conditions Hydraulic Analysis
River Focus will develop a HEC-RAS (River Analysis System) 2D hydraulic model for the study area
to compute existing conditions flood inundation boundaries, water surface elevations, and flood
depths. The hydraulic model will be developed based on the best available topography, land use
data, and as-built plans. The 1% annual chance exceedance (100-year) peak discharge will be
modeled.
Existing conditions 2D model results will be utilized in the development of the existing conditions 1D
model to accurately define ineffective flow locations and cross-section placement.
Deliverables:
Existing conditions 2D hydraulic model
Task 3. Proposed Conditions Hydraulic Analysis
River Focus will create a proposed conditions HEC-RAS 2D hydraulic model within the study reach.
The existing conditions model will be used with the proposed bridge incorporated.
Proposed conditions 2D model results will be utilized in the development of the proposed conditions
1D model to accurately define ineffective flow locations and cross-section placement. Velocity vector
data for the 100-year event will also be utilized for rock slope protection (RSP) placement.
River Focus will prepare a brief summary of the 2D hydraulic model development for incorporation
into the hydrology and hydraulics report to be prepared by Avila.
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Deliverables:
Proposed conditions 2D hydraulic model
Summary of 2D hydraulic model development
Assumptions:
Only one iteration for the proposed bridge will be modeled.
Task 4. QA/QC Review of Hydraulic models
River Focus will perform a quality assurance and control review of the one-dimensional (1D) hydraulic
models developed by Avila.
Deliverables:
Summary of QA/QC review for existing and proposed conditions 1D hydraulic models
Total Cost: $9,000
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TASK 1.G.4
GEOMORPHOLOGY STUDY
SCOPE OF WORK
The following assumptions were used to develop our cost estimate:
No topographic survey will be conducted as part of this scope of work.
No geotechnical evaluation/assessment (subsurface borings) will be conducted by ICF under
this scope of work. No soils sampling will be conducted by ICF under this scope of work.
Information on the proposed bridge location will be provided to ICF by Avila.
Two days of fieldwork is assumed.
A project schedule will be developed by the ICF Project Manager in coordination with Avila.
Avila will coordinate with landowners for site access to conduct the field survey.
Three (3) hard copies and an electronic copy (pdf) of the deliverable will be provided to Avila.
TASK 1: PROJECT MANAGEMENT AND MEETING ATTENDANCE.
ICF will oversee project management, including time-keeping, invoicing, and coordination with Avila.
ICF will also attend any required meetings.
TASK 2: CONDUCT FIELDWORK TO EVALUATE EXISTING GEOMORPHIC CONDITIONS IN THE
VICINITY OF THE PROJECT AREA.
ICF will perform a geomorphic assessment in order to characterize the existing geomorphic conditions
in the vicinity of the project area. The focus of the assessment will be to determine if the proposed
location of the bridge is within a stream reach characterized by depositional or scour processes and
the potential for a future scour event to erode into the proposed bridge location. A brief overview of
the watershed will be presented, focusing on sources of sediment and runoff into the project reach.
The geomorphic assessment will be conducted on Arroyo Passajero where access is granted.
The rapid geomorphic assessment will include evaluation of the following indicators to assess the
degree of incision of the channel and aid in determining scour risk of the proposed bridge.
Watershed Inputs
Riparian Condition
Substrate Composition and Embeddedness
Bank Instability and Bank Characteristics
Pool Frequency and Depth
Bar Development and Upstream Sediment Input
Watershed Inputs
A rapid reconnaissance of the watershed immediately upstream of the project area will be conducted
to GPS map the major inputs of sediment and runoff into the project creek. The objective will be to
identify any land use changes that could alter the balance of sediment supply and runoff that could
lead to future instability (e.g., channel aggradation or degradation) in the project reach.
18
Riparian Condition
Riparian condition refers to a description of the general health of the riparian area, focusing on the
amount and type of vegetative cover. Riparian condition will be described as low (0-25 % vegetative
cover), moderate (25-50 % vegetative cover), high (50-75 % vegetative cover), or very high (75-100
% vegetative cover). The size and approximate age of any riparian vegetation growing in the channel
bed will be described since this is evidence of channel adjustment and possible re-stabilization from
a prior disturbance.
Substrate Composition and Embeddedness
Substrate composition and embeddedness refers to the size of the substrate materials on the bed of
Arroyo Pasajero, and the degree to which these materials are embedded. These conditions will
indicate how frequently the channel substrate is mobilized. Substrate composition and
embeddedness will be measured at various sampling points using the methods described by Bunte
and Abt (20011).
Bank Instability and Bank Characteristics
ICF will GPS map and measure the dimensions of areas of unstable banks (banks that are either
actively retreating or have the potential to retreat in the near future). The results will highlight areas
where the channel may still be downcutting and over-steepening banks and also describe the
potential for the channel to potentially laterally migrate and increase the risk of bridge instability.
Pool Frequency and Depth
ICF will GPS map pool frequency and measure pool depths in the project area to understand how
deep the channel has scoured below the average bed elevation in the past and use this evidence as
an indicator of the likelihood for future scour.
Bar Development and Upstream Sediment Input
Bar development refers to the formation of any significant channel bar bedforms, such as mid-channel
bars and point bars, and can indicate the prevalence of depositional or erosional processes in the
channel. Where significant bar development is encountered in the project area reach, it will be GPS
mapped and its extent and dominant sediment composition (i.e., sand, gravel, cobble, boulder) will
be noted.
Task 3: Review existing historical geomorphic data.
ICF will obtain relevant aerial photography for the project area and will analyze it to determine the
historic alterations that have occurred in the vicinity of the project area. The air photo will be
georeferenced in GIS and analyzed to aid in determining if and when channelization occurred and
how many years the channel had had to recover from its disturbance and evolve to a new channel
stability. ICF will also review other available pertinent literature and maps to assimilate any pertinent
historical geomorphic and/or hydrologic trends.
Task 4: Level 2 analysis.
As part of the Level 2 analysis, ICF will use the developed hydraulic model of the site and conduct a
sediment transport analysis to calculate the discharge required to mobilize sediment in the existing
channel using standard methods (e.g., Federal Highway Administration 2012). The discharge will be
1 Bunte, K., and S. R. Abt. 2001. Sampling surface and subsurface particle‐size distributions in wadable
gravel‐ and cobble‐bed streams for analyses in sediment transport, hydraulics, and streambed monitoring.
General Technical Report RMRS‐GTR‐74. Fort Collins, CO: U.S. Department of Agriculture, Forest Service,
Rocky Mountain Research Station.
19
equated to a flood frequency event to show the probability that a certain flood event is capable of
scouring the bed and banks. The HEC-RAS hydraulic model will be based on the topography
previously surveyed for the site and appropriate hydrology. Manning’s n roughness values will be
determined during the site visit. A range of flows from low frequency to high frequency events will be
modeled. The hydraulic shear stress and velocity output will be input into sediment transport
calculations to show the sediment size predicted to be mobilized for a given flood event. The results
will be compared with the sediment sizes measured in the field to determine the likelihood that the
project reach will continue to scour and laterally migrate.
Task 5: Bank stabilization strategies (optional).
ICF will also develop conceptual bank stabilization strategies for the project reach (as an optional
task). ICF has performed bank erosion modeling on sites such as this in the past. The bank erosion
modeling will show how shear stress is distributed along the bank profile and how far back the bank
may retreat until some sort of equilibrium is reached. The modeling effort will then inform the specific
bank stabilization procedure(s) that may be applicable.
Task 6: Develop geomorphic assessment.
ICF will synthesize the information obtained from these tasks in an associated geomorphic
assessment technical memorandum with supporting graphics. The overall intent of the assessment
will be to describe the current stage of channel evolution and predict how the channel will continue to
evolve. ICF will determine potential future rates of channel incision and lateral migration within the
study reach, and to help identify possible bank stabilization procedures.
Fee
ICF proposes to complete the work on a time and materials basis with a not-to-exceed amount of
$38,614.44. A detailed cost itemization is attached. We hope that you find our scope of services and
price proposal acceptable; we look forward to providing the requested services.
ATTACHMENT 1 20
21
SECTION 8 – FIRM ORGANIZATION CHART
Below, we show our organization chart for your project. From the organization chart you can see the
disciplines we are prepared to offer you for your project. It is this breadth of experience that will allow
us to meet your needs and provide quality contract documents and minimal change orders. The TRC
Team is ready and possesses the skills to make your project a success.
EXHIBIT B
ID Task NameDuration StartFinish Predecessors1DESIGN AND CONSTRUCTION SCHEDULE756 daysMon 11/27/17Mon 10/19/202Notice to Proceed0 daysMon 11/27/17Mon 11/27/173Phase 0: Project Management706 daysMon 11/27/17Mon 8/10/2040.A Project Management706 daysMon 11/27/17Mon 8/10/20250.B Meeting Attendance706 daysMon 11/27/17Mon 8/10/2026Phase 1: Preliminary Design 220 daysMon 11/27/17Fri 9/28/1871.A Site Visit10 daysMon 11/27/17Fri 12/8/17281.B Research County Records10 daysMon 11/27/17Fri 12/8/17291.C Stakeholder Coordination210 daysMon 12/11/17Fri 9/28/188101.D Utility Coordination (By County)210 daysMon 12/11/17Fri 9/28/188111.E Surveying and Mapping (By County)15 daysMon 11/27/17Fri 12/15/172121.F Geotechnical Assessment & Preliminary Foundation Report60 daysMon 11/27/17Fri 2/16/182131.G Preliminary Hydraulic Studies50 daysMon 12/18/17Fri 2/23/1811141.H Preliminary Alignment Study (If Required)20 daysMon 12/18/17Fri 1/12/1811151.I Bridge Type Selection Report30 daysMon 2/26/18Fri 4/6/1811,12,1316County Review Bridge Type Selection Report15 daysMon 4/9/18Fri 4/27/181517Caltrans Approve Bridge Type Selection Report20 daysMon 4/30/18Fri 5/25/1816181.I Finalize Bridge Type Selection Report 10 daysMon 5/28/18Fri 6/8/1817191.J Preliminary Report40 daysMon 5/28/18Fri 7/20/1817201.K Revise Funding Paperwork (If Required)5 daysMon 7/23/18Fri 7/27/1819211.L 30% Plans and Estimate25 daysMon 7/23/18Fri 8/24/181922County Review 30% Plans and Estimate15 daysMon 8/27/18Fri 9/14/1821231.M 30% Constructability Review Meeting10 daysMon 9/17/18Fri 9/28/1822241.N Environmental Document Support210 daysMon 11/27/17Fri 9/14/18225Phase 2: 60% Design340 daysMon 11/27/17Fri 3/15/19261.C Stakeholder Coordination (Continued)110 daysMon 10/1/18Fri 3/1/199272.A Finalize Hydraulic Study 20 daysMon 10/1/18Fri 10/26/1823,13282.B Finalize Foundation Report40 daysMon 10/1/18Fri 11/23/1823,12292.C Environmental Document (By County)210 daysMon 11/27/17Fri 9/14/182302.D Permit Applications130 daysMon 9/17/18Fri 3/15/1929312.E Utility Coordination/Design (By County)110 daysMon 10/1/18Fri 3/1/1910322.F 60% Plans, Specifications, and Estimate90 daysMon 10/1/18Fri 2/1/192333County Review 60% Plans and Estimate15 daysMon 2/4/19Fri 2/22/1932342.G 60% Constructability Review Meeting10 daysMon 2/25/19Fri 3/8/193335Phase 3: Final Design320 daysMon 3/11/19Fri 5/29/20361.C Stakeholder Coordination (Continued)100 daysMon 3/11/19Fri 7/26/1934372.E Utility Coordination/Design (By County)(Continued)130 daysMon 3/11/19Fri 9/6/1934382.D Permit Applications (Continued)15 daysMon 3/18/19Fri 4/5/1930393.A 90% Plans, Specifications, and Estimate110 daysMon 3/11/19Fri 8/9/193440County Review 90% PS&E15 daysMon 8/12/19Fri 8/30/1939413.B Final Determination of Right-of-Way20 daysMon 3/11/19Fri 4/5/1934423.C 90% Constructability Review Meeting15 daysMon 9/2/19Fri 9/20/194043County Right-of-Way Process125 daysMon 4/8/19Fri 9/27/1941,2944Utility Relocation Work100 daysMon 9/30/19Fri 2/14/2043,37453.D 100% Plans, Specifications, and Estimate60 daysMon 9/30/19Fri 12/20/1942,37,4346County Review Draft PS&E15 daysMon 12/23/19Fri 1/10/2045473.E Final Plans, Specifications, and Estimate40 daysMon 1/13/20Fri 3/6/204648Caltrans Issue E-76 for CON60 daysMon 3/9/20Fri 5/29/2047,4349Phase 4: Bidding and Construction161 daysMon 3/9/20Mon 10/19/2050County Advertisement Process120 daysMon 3/9/20Fri 8/21/2043,38,47514.A Assistance During Bidding60 daysMon 6/1/20Fri 8/21/204852County Process Contractor NTP40 daysMon 8/24/20Fri 10/16/2051534.B Construction Support1 dayMon 10/19/20Mon 10/19/2052,444789121418202426272829363940424450Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4201820192020Critical SplitTaskCounty TaskCaltrans TaskMilestoneSummaryCriticalCounty of FresnoArroyo Pasajero Bridge Replacement Project on El Dorado Avenue Design and Construction SchedulePage 1Project: P2017-18_Arroyo_Pasajero_SDate: Mon 10/16/17EXHIBIT C22
EXHIBIT D
OBLIGATIONS OF THE COUNTY OF FRESNO
The County will provide the services and materials listed below in support of the Consultant’s professional services. The County does not give warranty, expressed or implied, regarding the accuracy of studies and reports. The Consultant will be responsible for the evaluation of all information supplied by the County.
A. Loan or provide copies of as-built plans, bridge reports and any other reports or documents to Consultant as may be available or deemed necessary.
B. Examine documents submitted to County by Consultant and timely render decisions pertaining thereto.
C. Provide topographic survey of the project site.
D. With proactive and ongoing assistance from the Consultant as described previously, prepare the appropriate environmental documentation in accordance with the California Environmental Quality Act and the National Environmental Protection Act.
E. Provide letters to utility companies identified by Consultant to be in conflict and coordinate between various utilities and Consultant.
F. Prepare all legal descriptions and associated right-of-way contract exhibit drawings required for right-of-way acquisition and/or temporary construction easements.
G. Prepare and submit CEQA and NEPA applications.
H. Hire environmental consultant(s) to prepare any required technical studies.
I. Provide property appraisal and acquisition services for right-of-way and easements required for the Project. It is anticipated that right-of-way acquisition may take up to 18 months after receipt of Caltrans approval to proceed therewith.
J. Submit applications, assisted by the Consultant as described previously, to obtain all required permits from all affected agencies.
K. Pay all fees for required agency reviews and permits.
L. Arrange for and pay for the reproduction costs of printing the final bidding and construction documents.
M. Combine Consultant's technical specifications with County's Special Provisions Sections 1 through 9, Notice to Bidders calling for bids, the Proposal and Agreement Sections, to create a complete set of documents for advertising.
N. Advertise, process bids, and award construction contract.
O. Distribute any required addenda.
P. Provide construction contract administration services, which services shall include, but may not be limited to:
•Conduct the pre-construction conference.
•Issuing the Notice to Proceed to contractor.
•Authorizing and making progress payments.
•Authorizing and issuing contract change orders.
•Authorizing supplemental fund payments.
•Accepting the Project and issuing the Notice of Completion.
Q. Provide a County representative.
R. Attend and participate in meetings with the Consultant and other agencies as required.
S. Provide construction inspection and testing.
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EXHIBIT E
PAYMENT PROVISIONS
SPECIFIC RATES OF COMPENSATION – BASIC SERVICES
1.CONSULTANT will be reimbursed for hours worked at the hourly rates specified in
CONSULTANT’s Rate Schedule attached hereto. The specified hourly rates shall include
direct salary costs, employee benefits, overhead, and fee.
2.In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than
salary and subconsultant costs. CONSULTANT will be reimbursed for subconsultant costs at
actual cost.
3.Reimbursement for transportation and subsistence costs shall not exceed the rates as specified
by the COUNTY.
4.Progress payments will be made monthly in arrears based on services provided and actual
costs incurred.
SPECIFIC RATES OF COMPENSATION – SUPPLEMENTAL SERVICES
The basis of payment for the supplemental services provided under this agreement shall be at
the standard hourly rates specified in CONSULTANT’s Rate Schedule attached hereto. The
fee shall be negotiated for each individual supplemental service. In addition payment
provisions include those four items listed under Basic Services above.
TOTAL COMPENSATION
The specific rates of compensation are not adjustable until January 1, 2018, at which point any
escalation will be made in accordance with the relevant article(s) of the Agreement.
The total amount payable by COUNTY for Basic Services hereunder shall not exceed the sum of
$569,211, unless authorized by an amendment to this Agreement.
For billing purposes work will be segregated between Basic and Supplemental Services. Total
expenditures made under this Agreement for Basic and Supplemental Services combined shall not
exceed the sum of $624,076, without amendment of this Agreement.
24
Date:08/14/17Project:Increase:0.0%Sub admin:0%Expenses SubconsultantsDescription Amount Name Amount Subconsultants$94,839 Supplemental Services Name AmountSupplemental Services$54,865``$0Task 1.G.3 2D Hydraulic Modeling$9,000.00TRC-Hydraulic CoordinationTask 1.G.4. - Geomorpholgy$38,615.00Total Fee EstimateBasic Services$569,211$34,815.75P2017-18$60,023.00Total Basic Servi,ecs Fee Estimate$3,103$569,211 Labor Expenses Total Basic Services$471,270Avila & AssociatesCOUNTY OF FRESNOARROYO PASAJERO BRIDGE PROJECTFEETravelDESIGN FEE ESTIMATE WORKSHEETTRC ENGINEERS2016Parikh ConsultantsCar RentalMisc.Travel SubtotalAirfare (round trips)MileageLodgingPer DiemTotal $94,838.75$0$551$600$136$1,467$180$0TotalODC Subtotal$1,636$1,636$3,103Other Direct CostsTotal $54,865.00 Total Services $624,076$5,000.00TRC Project Management $2,250.00P2017-18 Arroyo Pasajero Fee EST_Combined_REV052417rev062517rev070517rev081417,Expenses_Totals8/14/2017EXHIBIT E25
Date:08/14/17Project:Increase:0.0%Start Date:7/23/2017Sub Admin:10%End Date:4/24/2020LABORTaskTask DescriptionSenior Project ProjectSeniorCADDCADDDesktop Administrative Total Total% Specialist ManagerEngineer Engineer IPublisherHours $ofHours Hours HoursHours Hours Hours Hours Hours Hours HoursHrs $ TotalPhase 0: Project Management363 62470 13%0.A Project Management8372482424 251 437900.B Meeting Attendance (6 mtgs assumed)24363688 112 18680Phase 1: Preliminary Design986 126190 27%1.A Site Visit84416 32801.B Research County Records1449 15301.C Stakeholder Coordination120206 47 70701.D Utility Coordination (By County)8816 25601.E Surveying and Mapping (By County)22442 14 17001.FPreliminary Geotechnical Assessment & Foundation Report1.G Preliminary Hydraulic Studies1.G.1 Hydrology11 1451.G.2 Location Hydraulic Study 44412 22801.G.3 Hydraulic Analyses224210 16201.G.4 Scour Analysis & Scour Protection Design2428 14901.G.5 Draft Design Hydraulic Study24410 17801.H Preliminary Alignment Study42444072 95801.I Bridge Type Selection Report1.I.1 Draft Bridge Type Selection Report43060160432290 337301.I.2 Final Bridge Type Selection Report188824233 43701.J Preliminary Report120824457 74901.K Revise Funding Paperwork (If Required)44 10001.L 30% Plans and Estimate1.L.1 Approach Roadway Plans132100133 153501.L.2 Bridge Plans286421692 95301.L.3 General Plan-Based Cost Estimate1844053 60301.M 30% Constructability Review Meeting24412 13 19951.N Environmental Document Support16248201684 96 13660Phase 2: 60% Design1184 137540 29%2.A Finalize Design Hydraulic Study112 3952.BFinalize Geotechnical Assessment & Foundation Report2.C Continued Environmental Document Support244414 21602.D Permit Applications8122042 46 70402.E Utility Coordination /Design (By County)41644836 56802.F 60% Plans, Specifications & Estimate2.F.1 Approach Roadway Design18016040281 332502.F.2 Bridge Design284032060 180610 633002.F.3 Specifications44032124 92 138202.F.4 Quantities and Marginal Cost Estimate288324090 99002.G 60% Constructability Review Meeting24412 13 1995Totals Page 1Hrs 0 Hrs 189 Hrs 482 Hrs 334 Hrs 20 Hrs 974 Hrs 76 Hrs 340 Hrs 64 Hrs 54 25332533 326200 69%Rate 0.0 Rate 250.0 Rate 175.0 Rate 145.0 Rate 125.0 Rate 95.0 Rate 135.0 Rate 95.0 Rate 75.0 Rate 70.0Fee/Classification0 4725084350 48430 2500 92530 10260 323004800 3780 326200 hours ok% of Total Hours/Classification0% 7%19%13% 1% 38% 3% 13%3%2% 100%$ okBy Subconsultant, ParikhBy Subconsultant, ParikhCOUNTY OF FRESNOARROYO PASAJERO BRIDGE PROJECTFEEDESIGN FEE ESTIMATE WORKSHEETTRC ENGINEERS2016Project Engineer & Project PlannerEngineer II & Env Planner Phase SubtotalsP2017-18AssistantSupervisor TechnicianP2017-18 Arroyo Pasajero Fee EST_Combined_REV052417rev062517rev070517rev081417,Labor18/14/2017EXHIBIT E26
Project:Increase:0.0%Sub admin:10%LABORTaskPhase DescriptionSenior Project ProjectSeniorCADD CADDDesktop Administrative Total Total% Specialist ManagerEngineer Engineer IPublisherHours $ofHours HoursHoursHours Hours Hours Hours Hours Hours HoursHrs $ TotalPhase 3: Final Design735 97570 21%3.A 90% Plans, Specifications and Estimate3.A.1 Approach Roadway Design14020100161 192503.A.2 Bridge Independent Check21620016234 338203.A.3 Quantities Check12164059 67203.A.4 Specifications Check/Update1201642 43 65103.A.5 PS&E Update1620202481644 112 158603.B Final Determination of Right of Way88 14003.C 90% Constructability Review Meeting24412 13 19953.D 100% Plans, Specifications, and Estimate2883641214 75 85153.E Final Plans, Specifications, and Estimate242121414 30 3500Phase 4: Assistance During Bidding & Construction335 47500 10%4.A Assistance During Bidding18882835 46004.B Construction Support2410040246082888 300 42900Totals Page 2Hrs 0 Hrs 52 Hrs230 Hrs 314 Hrs 44 Hrs 296 Hrs 23 Hrs 68 Hrs 19 Hrs 24 10701070 145070 31%Rate 0.0 Rate 250.0 Rate 175.0 Rate 145.0 Rate 125.0 Rate 95.0 Rate 135.0 Rate 95.0 Rate 75.0 Rate 70.0Fee/Classification0 1300040250 45530 5500 28120 3105 64601425 1680 145070 hours ok% of Total Hours/Classification0%5%21%29%4%28%2%6%2%2% 100%$ okTotals Pages 1 and 2Hrs 0 Hrs 241 Hrs712 Hrs 648 Hrs 64 Hrs 1270 Hrs 99 Hrs 408 Hrs 83 Hrs 78 36033603 471270 100%Rate 0.0 Rate 250.0 Rate 175.0 Rate 145.0 Rate 125.0 Rate 95.0 Rate 135.0 Rate 95.0 Rate 75.0 Rate 70.0Fee/Classification0 60250124600 93960 8000 120650 13365 387606225 5460 471270 hours ok% of Total Hours/Classification0%7%20%18%2%35%3% 11%2%2% 100%$ okP2017-18COUNTY OF FRESNOARROYO PASAJERO BRIDGE PROJECTFEEDESIGN FEE ESTIMATE WORKSHEETTRC ENGINEERS2016Project Engineer & Project PlannerEngineer II & Env Planner Phase Supervisor Technician Assistant SubtotalsP2017-18 Arroyo Pasajero Fee EST_Combined_REV052417rev062517rev070517rev081417,Labor28/14/2017EXHIBIT E27
TRC ENGINEERSFEE ESTIMATE WORKSHEETTravelFrom SacramentoTo Fresno# of people 1# of days 6 # of nights 6# of trips 6Rate # #Airfare (round trips) x trips x people = $0.00Mileage (includes field visits) $0.540 x 340 miles x 3 trips = $550.80Lodging $150.00 x 4 nights x 1 people = $600.00Per Diem $34.00 x 4 days x 1 people = $136.00Car rental $60.00 x 3 days x 1 people = $180.00Miscellaneous x units x units = $0.00Total Travel$1,466.80ODC'sRate #Mail $0.49 x 8 pieces = $3.92Overnight mail $11.50 x 8 pieces = $92.00Copies $0.08 x 2000 copies = $160.00Prints (24x36) $2.50 x 432 prints = $1,080.00Vellums (24x36) $7.50 x prints = $0.00Mylars (24x36) $15.00 x 0 prints = $0.00Miscellaneous $100.00 x 3 units = $300.00Total ODC's$1,635.92Total Travel and ODC's$3,102.72P2017-18 Arroyo Pasajero Fee EST_Combined_REV052417rev062517rev070517rev081417,Expense Worksheet8/14/2017EXHIBIT E28
EXHIBIT F29
EXHIBIT F30
EXHIBIT F31
EXHIBIT F32
Local Assistance Procedures Manual Exhibit 10-S
Consultant Performance Evaluation
1. PROJECT DATA 2. CONSULTANT DATA
1a. Project (include title, location, and Activity/CIP No.)2a. Consultant Name and Address
1b. Brief Description of Project (design, study, etc.)2b. Consultant's Manager
1c. Budget Cost for Project: $_____________2c. Phone:
3a. Department (include section and division)3b. Agency Project Manager (name & phone)
4a. Contract No.:Termination date:Base Fee: $
Agreement date: Date terminated:Contingency: $
4b. Amendment $/ # $/ #
(Total Value) (Initiated by Agency)(Total Value) (Initiated by Agency)
4c. Change Order $/ # $/ #
(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.
Preliminary 30% 70% 90% 100% Final
Per Agreement
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 Average Below
Average Poor N/A
5a.
5b.
5c.
5d.
6a. Agency Design Team Leader Date:
6b. Agency Project Manager Date:
6c. Agency Public Works Manager Date:
6d. Consultant Representative Date:
Page 1 of 2
Exhibit 10-S Consultant Performance Evaluation
6. AUTHORIZING SIGNATURES
4f. Historical Record of Key Submittal Dates (enter date or n/a if not applicable)Type of
Services
(Design, study,
etc.)
See Reverse Side
3. AGENCY DEPARTMENT/SECTION RESPONSIBLE
4.CONTRACT DATA (Engineering Services)
Plans/Specifications accuracy
Consistency with budget
Responsiveness to Agency Staff
Overall Rating
LPP 13-01 May 8, 2013
0.00%
0.00%
0.00%
0.00%
0.00%
EXHIBIT G
33
Local Assistance Procedures Manual Exhibit 10-S
Consultant Performance Evaluation
PLANS/SPECIFICATIONS Outstanding Above Avg. Below Poor N/A Responsiveness Outstanding Above Avg. Below Poor N/A
ACCURACY Avg.Avg.To Staff Avg.Avg.
Plans Specifications Timely Responses
clear and concise
Plans/Specs Attitude toward Client and
Coordination review bodies
Plans/Specs Follows directions and
properly formatted Chain of responsibility
Code Requirements Work product delivered
covered on time
Adhered to Agency Timeliness in notifying
Standard Drawings/Specs Agency of major problems
Drawings reflect Resolution of field
existing conditions Problems
As-Built Drawings Consistency with
budget
Quality Design Reasonable Agreement
negotiation
Change Orders due to design Adherence to fee schedule
deficiencies are minimized
Adherence to project
Budget
Section III EXPLANATIONS AND SUPPLEMENTAL INFORMATION
(Attach additional documentation as needed)
Item __________: _______________________________________________________________________
_______________________________________________________________________
Item __________: _______________________________________________________________________
_______________________________________________________________________
Item __________: _______________________________________________________________________
Item __________: _______________________________________________________________________
_______________________________________________________________________
Item __________: _______________________________________________________________________
_______________________________________________________________________
Item __________: _______________________________________________________________________
_______________________________________________________________________
*Indicates supporting documentation attached.
Page 2 of 2
LPP 13-01 May 8, 2013 34
EXHIBIT H
February 2017
Fiscal Year 2017/2018 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 (1)(b) of this certification; and
d)Have not, within the three (3) year period preceding this certification, had one or
more public transactions (Federal, state, and local) terminated for cause or default.
2)The Applicant also certifies that, if Applicant later becomes aware of any information
contradicting the statements of paragraph (1) above, it will promptly provide that
information to the State.
3)If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this
certification, through those means available to Applicant, including the General Services
Administration’s Excluded Parties List System (EPLS), Applicant shall indicate so in its
applications, or in the transmittal letter or message accompanying its annual certifications
and assurances, and will provide a written explanation to the State.
35
DEPARTMENT OF TRANSPORTATION
DEBARMENT AND SUSPENSION CERTIFICATION
FISCAL YEAR 2017/2018
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 certificatio ns 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
36
EXHIBIT I
37
EXHIBIT I
38
EXHIBIT I
39
EXHIBIT I
40
EXHIBIT I
41
EXHIBIT J
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1.Type of Federal Action:2.Status of Federal Action:3.Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report ___________
4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6.Federal Department/Agency:7.Federal Program Name/Description:
CFDA Number, if applicable ____________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.Name and Address of Lobby Entity 11.Individuals Performing Services (including
(If individual, last name, first name, MI) address if different from No. 10a)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12.Amount of Payment (check all that apply)14.Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
13.Form of Payment (check all that apply):c. commission
a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred
Value _____________ 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 11:
(attach Continuation Sheet(s) if necessary)
16.Continuation Sheet(s) attached: Yes No
17.Information requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: _________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
Page 1
LPP 13-01 May 8, 2013
EXHIBIT J
42
Local Assistance Procedures Manual
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 if it 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
Page 2
LPP 13-01 May 8, 2013 43
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 K
44
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 Corporat ion’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).
45