HomeMy WebLinkAbout2022-On-Call-A-and-E-Agreement-Bedrock.pdf On-Call Agreement for
Architectural and Engineering Consultant and Other Related Services
Contents
1. OBLIGATIONS OF THE CONSULTANT ....................................................................4
2. OBLIGATIONS OF THE COUNTY..............................................................................7
3. TERM OF AGREEMENT ............................................................................................9
4. TERMINATION ...........................................................................................................9
A. Non-Allocation of Funds / Funding Requirements ........................................................9
B. Breach of Contract...................................................................................................... 10
C. Without Cause............................................................................................................ 10
5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS................................... 10
A. Maximum Cumulative Amount Available .................................................................... 10
B. Consultant Fee ........................................................................................................... 11
C. Not used..................................................................................................................... 13
D. Retention.................................................................................................................... 13
E. Payments ................................................................................................................... 14
F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 15
6. INDEPENDENT CONTRACTOR.............................................................................. 16
7. MODIFICATION / CHANGE IN TERMS.................................................................... 17
8. NON-ASSIGNMENT ................................................................................................. 18
9. HOLD HARMLESS ...................................................................................................18
10. LIABILITY INSURANCE............................................................................................ 19
A. Commercial General Liability....................................................................................... 19
B. Automobile Liability...................................................................................................... 19
C. Professional Liability Insurance: ..................................................................................20
D. Worker's Compensation .............................................................................................20
E. Additional Requirements Relating to Insurance..........................................................20
11. AUDITS / RETENTION OF RECORD.......................................................................22
12. NOTICES ..................................................................................................................23
13. GOVERNING LAW ...................................................................................................23
14. DISCLOSURE OF SELF-DEALING TRANSACTIONS.............................................23
15. ELECTRONIC SIGNATURE .....................................................................................24
16. SUBCONSULTANTS................................................................................................24
I. Prompt Progress Payment............................................................................................26
J. Prompt Payment of Withheld Funds to Subconsultants ..............................................26
17. CONFLICT OF INTEREST .......................................................................................28
18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES .............................................29
19. OWNERSHIP OF DATA ...........................................................................................31
20. CONSULTANT'S LEGAL AUTHORITY ....................................................................34
21. BINDING UPON SUCCESSORS..............................................................................34
22. SEVERABILITY.........................................................................................................34
23. STATE PREVAILING WAGE RATES .......................................................................34
C. Payroll Records...........................................................................................................35
E. Penalty......................................................................................................................37
F. Hours of Labor ..........................................................................................................39
1 G. Employment of Apprentices...................................................................................39
2 Articles 24-39 Not used.......................................................................................................40
40. ENTIRE AGREEMENT.................................................................................................40
3 41. SIGNATURES...............................................................................................................41
4
Appendices
5
Appendix A — Listing of all consultants, including CONSULTANT'S "Project Manager"
6 Appendix B — Scope
7 Appendix C — Project Team
Appendix D — Deliverables
8 Appendix E — Cost Proposal
Appendix F — Not Used
9 Appendix G — Self Dealing Transaction Disclosure Form
Appendix H — Subconsultants
10 Appendix I — Conflict of Interest Code
11 Appendix J — Not Used
Appendix K — Not Used
12 Appendix L — Not Used
Appendix M — Not Used
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1 CONSULTANT AGREEMENT
2 THIS AGREEMENT for Architectural and Engineering Consultant Services,
3 hereinafter referred to as "AGREEMENT," is made and entered into this 19th day
4 of September 2022, by and between the COUNTY OF FRESNO, a Political Subdivision of
5 the State of California, hereinafter referred to as "COUNTY"; and Bedrock Engineering Inc.,
6 a Corporation, whose address is 10878 Highway 41, Madera, CA 93636, hereinafter
7 referred to as "CONSULTANT".
8 Recitals
9 WHEREAS, the COUNTY desires to retain the CONSULTANT as one of a number
10 of consultant firms to provide, pursuant to separate agreements, on-call architectural and
11 engineering consulting services and/or staff augmentation consulting services,
12 encompassing architectural, structural, mechanical, transportation, environmental, water
13 resources, surveying, geotechnical, materials testing and such other architectural and
14 engineering disciplines for which each such consultant is qualified, as necessary to assist
15 the COUNTY in performing projects (hereinafter referred to as "PROJECT(S)") proposed by
16 the COUNTY; and
17 WHEREAS, said the CONSULTANT has been selected in accordance with the
18 COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, and
19 other professionals, and in accordance with Chapter 10 of the California Department of
20 Transportation's (CALTRANS) Local Assistance Procedures Manual (LAPM), to provide
21 certain professional services necessary for the PROJECTS, as specified herein; and
22 WHEREAS, the individual listed below
23 Erin Haagenson, Principal Staff Analyst
24 2220 Tulare Street, 6th Floor, Fresno, CA 93721
25 559-600-4528
26 ehaagenson6aVresnocountyca.gov
27 is designated as the CONTRACT ADMINISTRATOR for this Agreement on behalf of the
28 COUNTY, and shall remain so unless the CONSULTANT is otherwise notified in writing by
3
1 the COUNTY's Director of Public Works and Planning or his/her designee(s) (hereinafter
2 referred to as the "DIRECTOR"); and
3 WHEREAS, the individual listed in Appendix A, as the firm's "Consultant Project
4 Manager" is designated as the CONSULTANT'S PROJECT MANAGER for this Agreement,
5 and shall remain so unless the CONSULTANT requests and the DIRECTOR approves, in
6 writing, a change of the CONSULTANT'S PROJECT MANAGER, which approval will not
7 be unreasonably withheld; and
8 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
9 herein contained, the parties hereto agree as follows:
10 1. OBLIGATIONS OF THE CONSULTANT
11 A. The COUNTY hereby contracts with the CONSULTANT as an independent
12 contractor to provide the professional services enumerated in "Consultant's Scope of
13 Services" attached as Appendix B.
14 B. The CONSULTANT'S services shall be performed as expeditiously as is
15 consistent with professional skill and the orderly progress of the work, based on schedules
16 for each specific PROJECT mutually agreed upon in advance by the CONTRACT
17 ADMINISTRATOR, and the CONSULTANT.
18 C. The CONSULTANT'S PROJECT team staff shall be as listed in Appendix C,
19 attached hereto and incorporated herein. Any substitutions of personnel must be approved
20 in advance by the CONTRACT ADMINISTRATOR, which approval shall not be
21 unreasonably withheld. The CONSULTANT shall notify the CONTRACT ADMINISTRATOR
22 of the names and classifications of employees assigned to each specific PROJECT, and
23 shall not reassign such employees to other projects of the CONSULTANT without
24 notification to and prior approval by the CONTRACT ADMINISTRATOR.
25 D. The CONSULTANT may retain, as subconsultants, specialists as the
26 CONSULTANT requires to assist in completing the work in accordance with Article 16
27 "Subconsultants" (and, if applicable to this Agreement, Article 24 "Disadvantaged Business
28 Enterprises").
4
1 E. Services provided by CONSULTANT on PROJECTS relating to the
2 construction or improvement of roads and bridges shall be done in accordance with
3 American Association of State Highway and Transportation Officials (AASHTO)
4 requirements for applicable structures.
5 F. All projects funded wholly or in part by CALTRANS must conform to all
6 requirements imposed by CALTRANS and the Federal Highway Administration (FHWA), as
7 specified in Chapter 10 of the CALTRANS LAPM.
8 G. The services that may be furnished by the CONSULTANT under this
9 Agreement are for all or a portion of the services the CONSULTANT is allowed to provide
10 within the applicable professional discipline limits, as defined in California State License
11 Law, for various PROJECTS on an as needed basis.
12 H. The CONSULTANT agrees to provide the professional services that are
13 necessary for each PROJECT when expressly authorized in writing by the CONTRACT
14 ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the
15 CONSULTANT has received a written Notice to Proceed (NTP) or Task Order from the
16 CONTRACT ADMINISTRATOR authorizing the necessary service, agreed upon fee, and
17 scope of work.
18 I. The CONSULTANT shall submit proposals in response to requests issued by
19 the CONTRACT ADMINISTRATOR on a project-by-project basis. The CONSULTANT'S
20 proposal at a minimum shall include, but not be limited to, staff qualifications, proposed
21 method and schedule for completing the task(s), completed federal forms and a sealed cost
22 proposal. The CONSULTANT agrees that each professional or other individual performing
23 work on any such PROJECT(S) shall be adequately trained to perform the work and shall
24 possess the proper license, certification or registration as required by law or by accepted
25 standards of the applicable profession. The CONSULTANT agrees to provide the
26 professional services that are necessary to complete the requested tasks consistent with
27 the scope of its contracted discipline(s), as listed in Appendix B ("Scope"), when expressly
28 authorized in writing by the CONTRACT ADMINISTRATOR.
5
1 J. Submissions of reports, plans, specifications, and estimates will be submitted
2 in the formats, quantities, and delivery methods delineated in Appendix D "Deliverables"
3 hereto unless other formats, quantities, and/or delivery methods have been mutually
4 agreed upon, in writing, prior to the CONSULTANT's submittal. The CONSULTANT shall
5 verify compatible format and quantity prior to final delivery.
6 K. Assist the COUNTY, at the DIRECTOR's express, written authorization, with
7 any claim resolution process involving the construction contractor and the COUNTY as
8 specified hereunder, including serving as a witness in connection with any public hearings
9 or legal proceeding, and also including dispute resolutions required by law or hereunder.
10 The parties recognize that this clause is provided as a means of expediting resolution of
11 claims among the construction contractor, the COUNTY, and the CONSULTANT. However,
12 it is understood the construction contractor is not an intended third-party beneficiary of this
13 clause. Compensation for these services shall be computed and invoiced at the same
14 hourly rates listed in Appendix E hereto, including travel costs that are being paid for the
15 CONSULTANT's personnel services under this Agreement. Any assistance provided by the
16 CONSULTANT as described in this Article 1, Section K shall be subject to the provisions of
17 Article 5 hereinafter, and shall also be subject to the following:
18 1. The DIRECTOR may believe the CONSULTANT'S work under this
19 Agreement to have included negligent errors or omissions, or that the CONSULTANT may
20 otherwise have failed to comply with the provisions of this Agreement, either generally or in
21 connection with its duties as associated with a particular PROJECT; and that the cause(s)
22 for a claim by the construction contractor may be attributable, in whole or in part, to such
23 conduct on the part of the CONSULTANT. Upon notice by the DIRECTOR, the payments to
24 the CONSULTANT for such arguably deficient services shall be held in suspense by the
25 COUNTY until a final determination has been made, of the proportion that the
26 CONSULTANT'S fault bears to the fault of all other parties concerned.
27 2. Such amounts held in suspense shall not be paid to the
28 CONSULTANT, pending the final determination as to the CONSULTANT'S proportional
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1 fault. However, the appropriate percentage of such amount held in suspense shall be paid
2 to the CONSULTANT, once a final determination has been made, and the CONSULTANT
3 thereafter submits a proper invoice to the COUNTY. Payment shall be issued in
4 accordance with the procedure outlined in Article 5, Section E, Paragraph 2.
5 L. The CONSULTANT'S personnel shall typically be assigned to and remain on
6 specific Department projects/deliverables until completion and acceptance of the
7 project/deliverables by the Department. Personnel assigned by the CONSULTANT shall be
8 available at the start of a Task Order and after acceptance of the project/deliverable by the
9 Department.
10 M. After the CONTRACT ADMINISTRATOR'S approval of the CONSULTANT'S
11 personnel proposal and finalization of a Task Order, the CONSULTANT may not add or
12 substitute personnel without the CONTRACT ADMINISTRATOR'S prior written approval.
13 2. OBLIGATIONS OF THE COUNTY
14 The COUNTY will:
15 A. Provide eligible consultants the opportunity to compete for Task Orders on a
16 project-by-project basis by providing a miniature Request for Proposal (mini-RFP), except
17 as specified under Section B. The CONSULTANT'S eligibility for project types, disciplines,
18 and services is listed in Appendix B.
19 B. The COUNTY reserves the right to suspend competition under this
20 AGREEMENT and engage the services of an eligible qualified consultant from the listing
21 attached as Appendix A, in the event that one or more of the following circumstances apply
22 to the needed work:
23 1. Service is available only from a single source
24 2. There is an emergency which will not permit the time necessary to
25 conduct competitive negotiations
26 3. After the mini-RFP is issued (as provided in the immediately preceding
27 Section A) competition is determined to be inadequate
28 4. Services of expert witnesses for litigation or special counsel to assist
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1 the County.
2 C. Issue Task Orders on a project-by-project basis. Task Orders will at a
3 minimum include scope of work, location, and schedule for the PROJECT.
4 D. Provide the CONSULTANT with a PROJECT Scope and Schedule, and
5 compensate the CONSULTANT as provided in this Agreement.
6 E. Provide an individual PROJECT ADMINISTRATOR to serve as a
7 representative of the COUNTY who will coordinate and communicate with the
8 CONSULTANT on all PROJECT technical work, to the extent appropriate, in an effort to
9 facilitate the CONSULTANT'S performance of its obligations in accordance with the
10 provisions of this Agreement.
11 F. Provide basic plan sheet layouts as required.
12 G. Examine documents submitted to the COUNTY by the CONSULTANT and
13 timely render decisions pertaining thereto.
14 H. Provide aerial photographs as required.
15 I. Provide copies of any available existing as-built plans and right-of-way
16 drawings from the COUNTY'S files.
17 J. Provide list of property owners with addresses for notification of property
18 owners upon the CONSULTANT'S request.
19 K. Provide preliminary engineering survey data on existing structures and
20 topographic mapping in the formats, quantities, and delivery methods delineated in
21 Appendix D to the CONSULTANT, if available.
22 L. Prepare all legal descriptions and drawings required for right-of-way
23 acquisition and/or temporary construction permits.
24 M. Provide limited assistance to CONSULTANT, as may be appropriate under
25 the circumstances, in connection with CONSULTANT'S processing of required permits.
26 N. Give reasonably prompt consideration to all matters submitted for approval by
27 the CONSULTANT in an effort to assist the CONSULTANT in avoiding any substantial
28 delays in the CONSULTANT'S program of work. An approval, authorization or request to
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1 the CONSULTANT given by the COUNTY will be binding upon the COUNTY under the
2 terms of this Agreement only if it is made in writing and signed on behalf of the COUNTY by
3 CONTRACT ADMINISTRATOR.
4 O. Not used.
5 3. TERM OF AGREEMENT
6 A. The term of this Agreement shall be for a period of five (5) years, commencing
7 upon execution by the COUNTY, through and including the fifth anniversary of the
8 execution date.
9 B. The CONSULTANT shall commence work promptly after receipt of a Notice to
10 Proceed or Task Order issued by the CONTRACT ADMINISTRATOR. The period of
11 performance for Task Orders shall be in accordance with dates specified in the Task Order.
12 No Task Order will be written which would extend the period of performance beyond the
13 expiration date of this Agreement, the maximum term of which shall not exceed five (5)
14 years.
15 4. TERMINATION
16 A. Non-Allocation of Funds / Funding Requirements
17 The terms and conditions of this Agreement, and the services to be provided
18 hereunder, are contingent on the approval of funds by the appropriating government
19 agency. Should sufficient funds not be allocated, the services provided may be modified, or
20 this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days
21 advance written notice. This Agreement may be terminated without cause at any time by
22 the COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this
23 Agreement, the CONSULTANT shall be compensated for services satisfactorily completed
24 to the date of termination based upon the compensation rates and subject to the maximum
25 amounts payable agreed to in Article 5, together with such additional services satisfactorily
26 performed after termination which are expressly authorized by the COUNTY to conclude
27 the work performed to date of termination.
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1 B. Breach of Contract
2 The COUNTY may immediately suspend or terminate this Agreement in whole or in
3 part, where in the determination of the COUNTY there is:
4 1. An illegal or improper use of funds;
5 2. A failure to comply with any term of this Agreement;
6 3. A substantially incorrect or incomplete report submitted to the COUNTY;
7 4. Improperly performed service.
8 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
9 of any breach of this Agreement or any default which may then exist on the part of the
10 CONSULTANT, nor shall any such payment impair or prejudice any remedy available to
11 the COUNTY with respect to the breach or default. The DIRECTOR shall have the right to
12 demand of the CONSULTANT the repayment to the COUNTY of any funds disbursed to
13 the CONSULTANT under this Agreement, which, in the sole judgment of the COUNTY
14 were not expended in accordance with the terms of this Agreement. The CONSULTANT
15 shall promptly refund any such funds upon demand. This Section survives the termination
16 of this Agreement.
17 C. Without Cause
18 Under circumstances other than those set forth above, this Agreement may be
19 terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
20 intention to terminate to CONTRACTOR.
21 5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS
22 A. Maximum Cumulative Amount Available
23 The COUNTY has or will enter into up to fifty (50) separate agreements, including
24 this Agreement, for performance of the Scope of Services identified hereinabove in Article
25 1, Section A and more thoroughly in Appendix B attached hereto. The other Agreements
26 are to be entered into by the COUNTY with the other consultant firms listed, together with
27 the CONSULTANT, on the list of consultant firms attached hereto as Appendix A. The total
28 amount payable by the COUNTY for all the Agreements combined shall not exceed a
10
1 cumulative maximum total value of Twenty-two Million Two Hundred Thousand Dollars
2 ($22,200,000), which "Not to Exceed Sum" hereinafter shall be referenced as the "NTE
3 Sum".
4 It is understood and agreed that there is no guarantee, either expressed or implied,
5 that all or any specific portion of this maximum NTE Sum will be authorized under the On-
6 Call Engineering Consultant Agreements through Task Orders. It is further understood and
7 agreed that there is no guarantee, either expressed or implied, that any Task Order will be
8 assigned to the CONSULTANT or that the CONSULTANT will receive any payment
9 whatsoever, under the terms of this Agreement. Each time a Task Order is awarded under
10 any of the Agreements, the COUNTY shall send written notification to the CONSULTANT
11 and each of the other consultants that entered into the Agreements. Each such notice shall
12 identify the cumulative total of funds allocated under all Task Orders issued hereunder as
13 of that date, and the remaining unencumbered amount of the NTE Sum. The
14 CONSULTANT acknowledges and agrees that the COUNTY shall not pay any amount
15 under this Agreement that would cause the NTE Sum to be exceeded, and the
16 CONSULTANT shall not enter into a Task Order that exceeds the remaining
17 unencumbered amount of the NTE Sum.
18 B. Consultant Fee
19 1. The approved CONSULTANT's Cost Proposal is attached hereto
20 as Appendix E and incorporated by this reference as though fully set forth herein. If there is
21 any conflict between the provisions set forth in the text of this Agreement and the approved
22 Cost Proposal (Appendix E), this Agreement shall take precedence.
23 2. The hourly and cost rates listed in Appendix E for services
24 rendered by the CONSULTANT and subconsultants shall remain in effect for the entire
25 duration of this Agreement unless adjusted in accordance with the provisions of
26 Paragraphs 3, 5, or 6 of this Article 5, Section B.
27 3. The hourly rates paid for services performed by the CONSULTANT
28 and by subconsultants of the CONSULTANT and the rates for expenses incidental to the
11
1 CONSULTANT'S and its subconsultants' performance of services may be adjusted no
2 more than once annually for inflation, in accordance with the following provisions: the
3 CONSULTANT may request new labor rates and new rates for expenses incidental to the
4 CONSULTANT'S and subconsultant's performance of services subject to written approval
5 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article 5,
6 Section B. The CONSULTANT shall initiate the rate adjustment process by submitting to
7 the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The proposed
8 adjusted fee schedule shall include proposed hourly rates for all categories of the
9 CONSULTANT'S and any subconsultants' wage classifications and proposed rates for
10 incidental expenses listed in Appendix E. The proposed adjusted fee schedule shall not
11 take effect unless approved in writing by the CONTRACT ADMINISTRATOR. The
12 CONSULTANT hereby acknowledges its understanding that approval by the CONTRACT
13 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide
14 a basis for any increase in the NTE Sum as set forth in Article 5, Section A.
15 4. Expenses incidental to the CONSULTANT'S and any
16 subconsultant's performance of services under Article 5 of this Agreement shall be charged
17 at the rates listed in Appendix E, subject to any adjustments that may be approved in
18 accordance with Paragraphs 3, 5, or 6 of this Article 5, Section B. Unless incorporated in an
19 adjusted fee schedule approved by the CONTRACT ADMINISTRATOR in accordance with
20 Paragraphs 3, 5, or 6 of this Article 5, Section B, all other expenses incidental to the
21 CONSULTANT'S and any subconsultant's performance of the services under Article 1 of
22 this Agreement that are not specifically listed in Appendix E shall be borne by the
23 CONSULTANT.
24 5. In the event that, in accordance with Article 1, Section D, the
25 CONTRACT ADMINISTRATOR approves the CONSULTANT to retain additional
26 subconsultants not listed in Appendix H, hourly rates paid for services performed by such
27 additional subconsultants of the CONSULTANT and the rates for expenses incidental to
28 those additional subconsultants' performance of services may be adjusted no more than
12
1 once annually for inflation, in accordance with Article 5, Section B, Paragraph 3. The first
2 annual adjustment of hourly and incidental expense rates for such additional
3 subconsultants shall not be submitted for approval prior to one year after the CONTRACT
4 ADMINISTRATOR'S approval of the retention of such additional subconsultant(s) by the
5 CONSULTANT.
6 6. Notwithstanding any other provisions in this Agreement, the
7 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the
8 CONSULTANT'S or subconsultant's list of rates for incidental expenses to include
9 additional categories of such expenses if, in the opinion of the CONTRACT
10 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S
11 performance of the PROJECT(S).
12 7. Reimbursement for transportation and subsistence costs shall not
13 exceed the rates as specified in the approved Cost Proposal (Appendix E). The
14 CONSULTANT will be responsible for transportation and subsistence costs in excess of
15 State rates.
16 8. The consideration to be paid to CONSULTANT as provided herein,
17 shall be in compensation for all of CONSULTANT's expenses incurred in the performance
18 hereof, including travel and per diem, unless otherwise expressly so provided.
19 C. Not used
20 D. Retention
21 In addition to any amounts withheld under Article 1, the CONSULTANT agrees that
22 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five
23 percent (5%) retention from the earned compensation of the CONSULTANT. If the
24 CONTRACT ADMINISTRATOR determines that retention will not be withheld for a
25 PROJECT, the CONTRACT ADMINISTRATOR will so state in writing prior to
26 commencement of the PROJECT by the CONSULTANT. The CONTRACT
27 ADMISTRATOR will identify in writing prior to commencement of the PROJECT the
28
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1 PROJECT-specific prerequisites (such as successful completion of a PROJECT phase, as
2 an example) for the release of retentions.
3 E. Payments
4 1. Progress payments will be made by the COUNTY upon receipt of the
5 CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR
6 thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the
7 respective components of the assigned PROJECT. Invoices shall clearly identify the
8 PROJECT by Name(s), the Phase and Task(s) comprising the work that is the subject of
9
the invoice, the Notice to Proceed or Task Order number, and the date(s) on which the
10
work was performed. Invoices shall be submitted together with the documentation identified
11
below in Paragraph 5 of this Article 5, Section E. Invoices shall be forwarded electronically
12
to: PWPBusinessOffice(ufresnocountyca.gov
13
2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR
14
will take a maximum of ten (10) working days to review, approve, and submit it to the
15
16 COUNTY Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
17 will be returned to the CONSULTANT for correction and resubmittal. Payment, less
18 retention, if applicable, will be issued to the CONSULTANT within forty five (45) calendar
19 days of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved
20 invoice.
21 3. The COUNTY is entitled to withhold a five percent (5%) retention
22 from the CONSULTANT'S earned compensation in accordance with the provisions of
23 Article 5, Section D of this Agreement.
24 4. An unresolved dispute over a possible error or omission may cause
25 payment of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
26 5. Concurrently with the invoices, the CONSULTANT shall certify
27 (through copies of issued checks, receipts, or other COUNTY pre-approved
28
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1 documentation) that complete payment, less a five percent (5%) retention if applicable, has
2 been made to all subconsultants as provided herein for all previous invoices paid by the
3 COUNTY. However, the parties do not intend that the foregoing creates, as to any
4 subconsultants or subcontractors, any purported third-party beneficiary status or any third-
5 party beneficiary rights whatsoever, and the parties do hereby expressly disclaim any such
6 status or rights.
7 6. Final invoices, and separate invoices for retentions, shall be
8 submitted to CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase
9
is completed. Payment for retentions, if any, shall not be made until all services for the
10
phase are completed.
11
7. In the event the DIRECTOR reduces the scope of the
12
CONSULTANT'S work under this Agreement for a specific PROJECT (or discontinues a
13
specific PROJECT), whether due to a deficiency in the appropriation of anticipated funding
14
15 or otherwise, the CONSULTANT will be compensated on a pro rata basis for actual work
16 completed and accepted by the DIRECTOR in accordance with the terms of this
17 Agreement.
18
19 F. Notice to Proceed / Task Orders / Project Cost Proposal
20 1. Upon the acceptance of a project proposal submitted by the
21 CONSULTANT in accordance with the provisions of Article 1, Section I, and if an
22 agreement has been reached on the negotiable items and total cost in connection
23 therewith, then a specific PROJECT will be assigned to the CONSULTANT through
24 issuance by the CONTRACT ADMINISTRATOR of one or more Task Orders or Notices to
25 Proceed (NTP). Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for
26 specific rates of compensation, both of which must be based on the labor and other rates
27 set forth in the CONSULTANT's approved Cost Proposal (Appendix E to this Agreement).
28
15
1 2. A Project Cost Proposal is of no force or effect and no expenditures
2 are authorized on a PROJECT and work shall not commence until a Notice to Proceed for
3 that PROJECT has been issued by the COUNTY.
4 3. If the CONSULTANT fails to satisfactorily complete a deliverable
5 according to the schedule set forth in a Task Order, no payment will be made until the
6 deliverable has been satisfactorily completed.
7 4. When milestone or phase cost estimates are included in the Project
8 Cost Proposal and/or Task Order, the CONSULTANT shall obtain prior written approval for
9
a revised Project Cost Proposal from the CONTRACT ADMINISTRATOR before exceeding
10
such estimate.
11
5. The CONSULTANT shall not commence performance of any work or
12
services hereunder until this Agreement has been formally approved by the COUNTY and
13
Notice to Proceed on a specific PROJECT has been issued by the COUNTY's CONTRACT
14
15 ADMINISTRATOR. No payment will be made prior to approval or for any work performed
16 by the CONSULTANT prior to the COUNTY'S formal approval of this Agreement.
17 6. The period of performance for each Notice to Proceed shall be in
18 accordance with dates specified in the Notice to Proceed. Consistent with the provisions of
19 Article 3, Section B, no Notice to Proceed will be issued that would extend the
20 CONSULTANT'S period of performance beyond the expiration date of this Agreement.
21 7. Notices to Proceed may not be used to amend any provision of this
22 Agreement or to expand the scope of the CONSULTANT'S work as authorized under the
23 provisions of this Agreement.
24 6. INDEPENDENT CONTRACTOR
25 A. In performance of the work, duties and obligations assumed by the CONSULTANT
26 under this Agreement, it is mutually understood and agreed that the CONSULTANT, including
27 any and all of the CONSULTANT'S officers, agents, and employees will at all times be acting
28
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1 and performing as an independent contractor, and shall act in an independent capacity and
2 not as an officer, agent, servant, employee, joint venturer, partner, or associate of the
3 COUNTY. Furthermore, the COUNTY shall have no right to control or supervise or direct the
4 manner or method by which the CONSULTANT shall perform its work and function. However,
5 the COUNTY shall retain the right to administer this Agreement so as to verify that the
6 CONSULTANT is performing its obligations in accordance with the terms and conditions
7 thereof.
8 B. The CONSULTANT and the COUNTY shall comply with all applicable provisions of
9 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
10 matters the subject thereof.
11 C. Because of its status as an independent contractor, the CONSULTANT shall have
12 absolutely no right to employment rights and benefits available to COUNTY employees. The
13 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its
14 employees all legally-required employee benefits. In addition, the CONSULTANT shall be
15 solely responsible and save the COUNTY harmless from all matters relating to payment of the
16 CONSULTANT'S employees, including compliance with Social Security withholding and all
17 other regulations governing such matters. It is acknowledged that during the term of this
18 Agreement, the CONSULTANT may be providing services to others unrelated to the
19 COUNTY or to this Agreement.
20 7. MODIFICATION / CHANGE IN TERMS
21 A. This Agreement may be amended or modified only by mutual written agreement
22 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article
23 7, Section C, and Article 16, Section A, any such written amendment to this Agreement
24 may be approved on the COUNTY's behalf only by its Board of Supervisors.
25 B. The CONSULTANT shall only commence work covered by an amendment after
26 the amendment has been fully executed and written notification to proceed has been
27 issued by the CONTRACT ADMINISTRATOR.
28 C. There shall be no change in CONSULTANT's Project Manager or members of the
17
1 project team, as listed in Appendix A and the approved Cost Proposal (Appendix E, which
2 is incorporated as a part of this Agreement as provided in Article 5, Section 1), without prior
3 written approval by the COUNTY's CONTRACT ADMINISTRATOR. Any substitutions of
4 personnel must be approved in advance by the CONTRACT ADMINISTRATOR, which
5 approval shall not be unreasonably withheld. The CONSULTANT shall notify the
6 CONTRACT ADMINISTRATOR of the names and classifications of employees assigned to
7 each specific PROJECT and shall not reassign such employees to other projects of the
8 CONSULTANT without notification to and prior approval by the CONTRACT
9 ADMINISTRATOR.
10 8. NON-ASSIGNMENT
11 Neither party shall assign, transfer or sub-contract this Agreement or any of its
12 respective rights or duties under this Agreement hereunder, without the prior written
13 consent of the other party.
14 9. HOLD HARMLESS
15 A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY,
16 its officers, agents, and employees, against the payment of any and all costs and expenses
17 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and
18 liability for bodily and personal injury to or death of any person or for loss of any property,
19 economic loss or otherwise resulting from or arising out of any negligent or wrongful acts,
20 errors or omissions of the CONSULTANT, its officers, agents, and employees, in
21 performing or failing to perform any work, services, or functions under this Agreement.
22 Provided, however, and notwithstanding the immediately preceding sentence, with respect
23 to any PROJECT on which the CONSULTANT has provided design professional services
24 as defined by Civil Code Section 2782.8(c), the CONSULTANT has no obligation to pay for
25 any defense related cost prior to a final determination of its liability, based upon the
26 percentage of comparative fault (if any) finally determined to be attributable to the
27 CONSULTANT'S negligence, recklessness or willful misconduct. Following any such
28 determination, the CONSULTANT shall be responsible to pay to the COUNTY the dollar
18
1 amount of all such defense costs incurred by the COUNTY that is commensurate with the
2 finally determined percentage of the CONSULTANT'S liability, based upon the final
3 determination of the CONSULTANT'S comparative fault. The provisions of this Article 9,
4 Section A shall survive termination of this Agreement.
5 B. The COUNTY and the CONSULTANT hereby declare their mutual intent to
6 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the
7 negligent performance or failure to perform of any COUNTY construction contractor (or its
8 subcontractor(s)) involved in the construction of any PROJECT(S). Such cooperation may
9 include an agreement to prepare and present a cooperative defense after consultation with
10 the CONSULTANT'S professional liability insurance carrier.
11 10. LIABILITY INSURANCE
12 Without limiting the COUNTY'S right to obtain indemnification from the
13 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain
14 in full force and effect, the following insurance policies prior to commencement of any work
15 for the COUNTY and, thereafter, throughout the entire term of this Agreement (with the
16 exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full
17 force and effect for the additional period of time required by Article 20, Section A,
18 Paragraph 4).
19 A. Commercial General Liability
20 Commercial General Liability Insurance with limits of not less than Two Million
21 Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four
22 Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. The
23 COUNTY may require specific coverages including completed operations, products liability,
24 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
25 insurance deemed necessary because of the nature of this Agreement.
26 B. Automobile Liability
27 Comprehensive Automobile Liability Insurance with limits of not less than One
28 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages.
19
1 Coverage should include auto used in connection with this Agreement.
2 C. Professional Liability Insurance:
3 1. If the CONSULTANT employs licensed professional staff in providing
4 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00)
5 per claim, Three Million Dollars ($3,000,000.00) annual aggregate.
6 2. The Professional Liability Insurance shall be kept in full force and
7 effect for a period of five (5) years from the date of substantial completion of the
8 CONSULTANT'S work as determined by the COUNTY.
9 D. Worker's Compensation
10 A policy of Worker's Compensation insurance as may be required by the California
11 Labor Code.
12 E. Additional Requirements Relating to Insurance
13 The CONSULTANT shall obtain endorsements to the Commercial General Liability
14 insurance naming the County of Fresno, its officers, agents, and employees, individually and
15 collectively, as additional insured, but only insofar as the operations under this Agreement
16 are concerned. Such coverage for additional insured shall apply as primary insurance and
17 any other insurance, or self-insurance, maintained by the COUNTY, its officers, agents, and
18 employees shall be excess only and not contributing with insurance provided under the
19 CONSULTANT's policies required herein. This insurance shall not be cancelled or changed
20 without a minimum of thirty (30) days advance written notice given to the COUNTY.
21 The CONSULTANT hereby waives its right to recover from the COUNTY, its officers,
22 agents, and employees any amounts paid by the policy of worker's compensation insurance
23 required by this Agreement. The CONSULTANT is solely responsible to obtain an
24 endorsement to such policy that may be necessary to accomplish such waiver of subrogation,
25 but the CONSULTANT's waiver of subrogation under this paragraph is effective whether o
26 not the CONSULTANT obtains such an endorsement.
27 Prior to commencing any such work under this Agreement, the CONSULTANT shall
28
20
1 provide certificates of insurance and endorsements as stated above for all of the foregoing
2 policies, as required herein, to the County of Fresno, Erin Haagenson, Principal Staff Analyst,
3 2220 Tulare St., Sixth Floor, Fresno, CA 93721, stating that such insurance coverages have
4 been obtained and are in full force; that the County of Fresno, its officers, agents and
5 employees will not be responsible for any premiums on the policies; that for such worker's
6 compensation insurance the CONSULTANT has waived its right to recover from the
7 COUNTY, its officers, agents, and employees any amounts paid under the insurance policy
8 and that waiver does not invalidate the insurance policy; that such Commercial General
9 Liability insurance names the County of Fresno, its officers, agents and employees,
10 individually and collectively, as additional insured, but only insofar as the operations under
11 this Agreement are concerned; that such coverage for additional insured shall apply as
12 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY,
13 its officers, agents and employees, shall be excess only and not contributing with insurance
14 provided under the CONSULTANT's policies herein; and that this insurance shall not be
15 cancelled or changed without a minimum of thirty (30) days advance, written notice given t
16 the COUNTY.
17 All policies shall be issued by admitted insurers licensed to do business in the State
18 of California, and such insurance shall be purchased from companies possessing a current
19 A.M. Best, Inc. rating of A FSC VII or better.
20 The CONSULTANT agrees that the bodily injury liability insurance herein provided
21 for, shall be in effect at all times during the term of this Agreement. In the event said
22 insurance coverage expires at any time or times during the term of this Agreement,
23 CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said
24 expiration date; and a new Certificate of Insurance evidencing insurance coverage as
25 provided for herein, for not less than either the remainder of the term of the Agreement, or
26 for a period of not less than one (1) year. New Certificates of Insurance are subject to the
27 approval of COUNTY.
28 In the event the CONSULTANT fails to keep in effect at all times the insurance
21
1 coverages as required by this Article 10, the COUNTY may, in addition to any other
2 remedies it may have, suspend or terminate this Agreement upon occurrence of such
3 failure, or may purchase such insurance coverage and charge the cost of the coverage to
4 the CONSULTANT. The COUNTY may offset such charges against any amounts owed by
5 the COUNTY to the CONSULTANT under this Agreement.
6 11. AUDITS / RETENTION OF RECORD
7 A. The CONSULTANT shall at any time during business hours, and as often as the
8 COUNTY may deem necessary, make available to the COUNTY for examination all of its
9 records and data with respect to the matters covered by this Agreement. The
10 CONSULTANT shall, upon request by the COUNTY, permit the COUNTY to audit and
11 inspect all of such records and data, including but not limited to, the costs of administering
12 this Agreement, necessary to ensure the CONSULTANT'S compliance with the terms of
13 this Agreement (and compliance with Public Contract Code 10115, et seq. and Title 21,
14 California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable).
15 B. For the purpose of determining compliance with Gov. Code § 8546.7, the
16 CONSULTANT, its subconsultants, and COUNTY shall maintain all books, documents,
17 papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and
18 other evidence pertaining to the performance of the Agreement including, but not limited to,
19 the costs of administering the Agreement. All parties, including the CONSULTANT's
20 Independent CPA, shall make such workpapers and materials available at their respective
21 offices at all reasonable times during the Agreement period and for three (3) years from the
22 date of final payment under the Agreement. The COUNTY, Caltrans Auditor, FHWA, or any
23 duly authorized representative of the Federal government having jurisdiction under Federal
24 laws or regulations (including without limitation when such jurisdiction is based upon
25 Federal funding of the PROJECT in whole or in part) shall have access to any books,
26 records, and documents of the CONSULTANT, its subconsultants, and the
27 CONSULTANT's Independent CPA, that are pertinent to the Agreement for audits,
28 examinations, workpaper review, excerpts, and transactions, and copies thereof shall be
22
1 furnished if requested without limitation. It shall be the responsibility of the CONSULTANT
2 to ensure that all subcontracts in excess of $25,000 shall contain this provision.
3 C. This Article 11 survives the termination of this Agreement.
4 12. NOTICES
5 The delivery of all notices hereunder and communications regarding interpretation of
6 the terms of this Agreement and any proposed changes thereto, shall be accomplished by
7 sending an e-mail, addressed to the CONTRACT ADMINISTRATOR and the
8 CONSULTANT'S PROJECT MANAGER as identified on Pages 3 and 4 of this Agreement.
9 For all claims arising out of or related to this Agreement, nothing in this section establishes,
10 waives, or modifies any claims presentation requirements or procedures provided by law,
11 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
12 Government Code, beginning with section 810).
13 13. GOVERNING LAW
14 Venue for any action arising out of or related to this Agreement shall only be in
15 Fresno County, California.
16 The rights and obligations of the parties and all interpretation and performance of
17 this Agreement shall be governed in all respects by the laws of the State of California.
18 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
19 This provision is only applicable if the CONSULTANT is operating as a corporation
20 (a for-profit or non-profit corporation) or if during the term of this Agreement, the
21 CONSULANT changes its status to operate as a corporation. Members of the
22 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they
23 are a party to while the CONSULTANT is providing goods or performing services under this
24 Agreement. A self-dealing transaction shall mean a transaction to which the CONSULTANT
25 is a party and in which one or more of its directors has a material financial interest.
26 Members of the Board of Directors shall disclose any self-dealing transactions that they are
27 a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached
28 hereto as Appendix G and incorporated herein by reference, and submitting it to the
23
1 COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
2 15. ELECTRONIC SIGNATURE
3 The parties agree that this Agreement may be executed by electronic signature as
4 provided in this section.
5 A. An "electronic signature" means any symbol or process intended by an
6 individual signing this Agreement to represent their signature, including but not limited to:
7 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an
8 electronically scanned and transmitted (for example by PDF document) version of an
9 original handwritten signature.
10 B. Each electronic signature affixed or attached to this Agreement: (1) is
11 deemed equivalent to a valid original handwritten signature of the person signing this
12 Agreement for all purposes, including but not limited to evidentiary proof in any
13 administrative or judicial proceeding; and (2) has the same force and effect as the valid
14 original handwritten signature of that person.
15 C. The provisions of this section satisfy the requirements of Civil Code section
16 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
17 Part 2, Title 2.5, beginning with section 1633.1).
18 D. Each party using a digital signature represents that it has undertaken and
19 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs
20 (1) through (5), and agrees that each other party may rely upon that representation.
21 E. This Agreement is not conditioned upon the parties conducting the
22 transactions under it by electronic means and either party may sign this Agreement with an
23 original handwritten signature.
24 16. SUBCONSULTANTS
25 A. The CONSULTANT may retain, as subconsultants, specialists in such
26 engineering disciplines (including, but not limited to, structural, mechanical, transportation,
27 environmental, water resources, electrical, surveying and geotechnical) as the
28 CONSULTANT requires to assist in completing the work. The subconsultants listed in
24
1 Appendix H, attached hereto and incorporated herein, shall be considered as approved by
2 the CONTRACT ADMINISTRATOR. Any other subconsultants proposed for use by the
3 CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before
4 they are retained by the CONSULTANT, which approval shall not be unreasonably
5 withheld.
6 B. Should the CONSULTANT retain any subconsultants, the maximum amount o
7 compensation to be paid to the CONSULTANT under Article 5 shall not be increased. Any
8 additional compensation to be paid to the CONSULTANT for such subconsultants' work
9 shall be limited to administrative time as defined in the fee proposal. Additional fees other
10 than those defined in the fee proposal shall not be reimbursed.
11 C. CONSULTANT shall be as fully responsible to the COUNTY for the negligent
12 acts and omissions of its contractors and subcontractors or subconsultants, and of persons
13 either directly or indirectly employed by them, in the same manner as persons directly
14 employed by CONSULTANT.
15 D. Nothing contained in this Agreement shall create any contractual relationship
16 between the COUNTY and any of the CONSULTANT'S subconsultants, and no
17 subconsultant agreement shall relieve the CONSULTANT of any of its responsibilities and
18 obligations hereunder. The CONSULTANT agrees to be as fully responsible to the
19 COUNTY for the acts and omissions of its subconsultants and of persons either directly or
20 indirectly employed by any of them as it is for the acts and omissions of persons directly
21 employed by the CONSULTANT. The CONSULTANT'S obligation to pay its subconsultants
22 is a separate and independent obligation that is entirely unrelated to the COUNTY's
23 obligation to make payments to the CONSULTANT.
24 E. The CONSULTANT shall perform the work contemplated with resources
25 available within its own organization; and no portion of the work pertinent to this contract
26 shall be subcontracted without prior written authorization by the CONTRACT
27 ADMINISTRATOR, excepting only those portions of the work and the responsible
28 subconsultants that are expressly identified in Appendix H.
25
1 F. Any subcontract in excess of$25,000 entered into as a result of this
2 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to
3 subcontractors.
4 G. The CONSULTANT shall pay its subconsultants within fifteen (15) calendar
5 days from receipt of each progress payment made to the CONSULTANT by the COUNTY.
6 H. Any substitution of subconsultant(s) must be approved in writing by the
7 CONTRACT ADMINISTRATOR in advance of assigning work to a substitute
8 Subconsultant.
9 I. Prompt Progress Payment
10 The CONSULTANT or subconsultant shall pay to any subconsultant, not later than
11 fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in
12 writing, the respective amounts allowed CONSULTANT on account of the work performed
13 by the subconsultants, to the extent of each subconsultant's interest therein. In the event
14 that there is a good faith dispute over all or any portion of the amount due on a progress
15 payment from the CONSULTANT or subconsultant to a subconsultant, the CONSULTANT
16 or subconsultant may withhold no more than 150 percent of the disputed amount. Any
17 violation of this requirement shall constitute a cause for disciplinary action and shall subject
18 the licensee to a penalty, payable to the subconsultant, of two percent (2%) of the amount
19 due per month for every month that payment is not made.
20 In any action for the collection of funds wrongfully withheld, the prevailing party shall
21 be entitled to his or her attorney's fees and costs. The sanctions authorized under this
22 requirement shall be separate from, and in addition to, all other remedies, either civil,
23 administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
24 J. Prompt Payment of Withheld Funds to Subconsultants
25 The COUNTY may hold retainage from the CONSULTANT as provided in Article 5,
26 Section D.
27 1. If the COUNTY has elected to hold retainage for a PROJECT under
28 Article 5, Section D, the COUNTY shall hold retainage from the CONSULTANT and shall
26
1 make prompt and regular incremental acceptances of portions, as determined by the
2 COUNTY of the contract work and pay retainage to the CONSULTANT based on these
3 acceptances. The CONSULTANT or subconsultant shall return all monies withheld in
4 retention from all subconsultants within 15 days after receiving payment for work
5 satisfactorily completed and accepted including incremental acceptances of portions of the
6 contract work by the COUNTY. Any delay or postponement of payment may take place
7 only for good cause and with the COUNTY's prior written approval, in order to ensure
8 prompt and full payment of any retainage kept by the CONSULTANT or subconsultant to a
9 subconsultant.
10 Any violation of these provisions shall subject the violating CONSULTANT or
11 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of
12 the California Civil Code. This requirement shall not be construed to limit or impair any
13 contractual, administrative or judicial remedies otherwise available to the CONSULTANT or
14 subconsultant in the event of a dispute involving late payment or nonpayment by the
15 CONSULTANT or deficient subconsultant performance and/or noncompliance by a
16 subconsultant. This clause applies to both DBE and non-DBE subconsultants.
17 2. If the COUNTY has elected not to hold retainage for a PROJECT under
18 Article 5, Section D, no retainage will be held by the COUNTY from progress payments due
19 to the CONSULTANT; and in such case, the CONSULTANT and its subconsultants are
20 prohibited from holding retainage from their subconsultants. Any delay or postponement of
21 payment may take place only for good cause and with the COUNTY'S prior written
22 approval.
23 Any violation of these provisions shall subject the violating CONSULTANT or
24 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of
25 the California Civil Code. This requirement shall not be construed to limit or impair any
26 contractual, administrative or judicial remedies otherwise available to the CONSULTANT or
27 subconsultant in the event of a dispute involving late payment or nonpayment by the
28 CONSULTANT, or deficient subconsultant performance and/or noncompliance by a
27
1 subconsultant. This clause applies to both DBE and non-DBE subconsultants.
2 17. CONFLICT OF INTEREST
3 A. The CONSULTANT shall comply with the provisions of the Fresno County
4 Department of Public Works and Planning Conflict of Interest Code, attached hereto as
5 Appendix I and incorporated herein by this reference. Such compliance shall include the
6 filing of annual statements pursuant to the regulations of the State Fair Political Practices
7 Commission including, but not limited to, portions of Form 700.
8 B. During the term of this Agreement, the CONSULTANT shall disclose any
9 financial, business, or other relationship with the COUNTY that may have an impact upon
10 the outcome of this contract, or any ensuing COUNTY construction project. The
11 CONSULTANT shall also list current clients who may have a financial interest in the
12 outcome of this contract, or any ensuing COUNTY construction project, which will follow.
13 C. The CONSULTANT certifies that it has disclosed to the COUNTY any actual,
14 apparent, or potential conflicts of interest that may exist relative to the services to be
15 provided pursuant to this AGREEMENT. The CONSULTANT agrees to advise the
16 COUNTY of any actual, apparent or potential conflicts of interest that may develop
17 subsequent to the date of execution of this AGREEMENT. The CONSULTANT further
18 agrees to complete any statements of economic interest if required by either COUNTY
19 ordinance or State law.
20 D. The CONSULTANT hereby certifies that it does not now have nor shall it acquire
21 any financial or business interest that would conflict with the performance of services under
22 this AGREEMENT.
23 E. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant
24 and any firm affiliated with the CONSULTANT or subconsultant that bids on any
25 construction contract or on any Agreement to provide construction inspection for any
26 construction project resulting from this AGREEMENT, has established necessary controls
27 to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to
28 the control of the same persons, through joint ownership or otherwise.
28
1 F. The CONSULTANT and affiliated subconsultants shall not submit bids, or sub-
2 bids, for the contract construction phase of the PROJECT(S) assigned to the
3 CONSULTANT. The CONSULTANT and its subconsultants, and all other service providers,
4 shall not provide any PROJECT-related services for, or receive any PROJECT-related
5 compensation from any construction contractor, subcontractor or service provider awarded
6 a construction contract (hereinafter referred to as "contractor") for all or any portion of the
7 PROJECT(S) for which the CONSULTANT provides services hereunder. The
8 CONSULTANT and its subconsultants, and all other service providers, may provide
9 services for, and receive compensation from a contractor who has been awarded a
10 construction contract for all or any portion of the PROJECT(S), provided that any such
11 services which are rendered, and any compensation which is received therefor, relates to
12 work outside the scope of the AGREEMENT and does not pose a conflict of interest.
13 G. Except for subconsultants or subcontractors whose services are limited to
14 providing surveying or materials testing information, no subcontractor who has provided
15 design services in connection with this contract shall be eligible to bid on any construction
16 contract, or on any contract to provide construction inspection for any construction project
17 resulting from this contract; provided, however, that this shall not be construed as
18 disallowing subcontractors who have provided design services for the PROJECT from
19 performing, pursuant to this Agreement or other agreement with the COUNTY, construction
20 inspection services on behalf of the COUNTY for the PROJECT.
21 18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES
22 A. Definitions:
23 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
24 professional services, acting as a business entity (owner, partnership, corporation, joint
25 venture or other business association) in accordance with the terms of an agreement with
26 the COUNTY.
27 2. A "Claim" is a demand or assertion by one of the parties seeking, as a
28 matter of right, adjustment or interpretation of contract terms, payment of money, extension
29
1 of time, change orders, or other relief with respect to the terms of the contract. The term
2 "Claim" also includes other disputes and matters in question between the COUNTY and the
3 CONSULTANT arising out of or relating to the contract. Claims must be made by written
4 notice. The provisions of Government Code section 901, et seq., shall apply to every claim
5 made to the COUNTY. The responsibility to substantiate claims shall rest with the party
6 making the claim. The term "Claim" also includes any allegation of an error or omission by
7 the CONSULTANT.
8 B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the
9 following procedures are established in the event of any claim or dispute alleging a
10 negligent error, act, or omission, of the CONSULTANT.
11 1. Claims, disputes or other matters in question between the parties, arising
12 out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject
13 to the following procedures.
14 2. The COUNTY and the CONSULTANT shall meet and confer and attempt
15 to reach agreement on any dispute, including what damages have occurred, the measure
16 of damages and what proportion of damages, if any, shall be paid by either party. The
17 parties agree to consult and consider the use of mediation or other form of dispute
18 resolution prior to resorting to litigation.
19 3. If the COUNTY and the CONSULTANT cannot reach agreement under
20 Article 18, Section B, Paragraph 2, the disputed issues may, upon concurrence by all
21 parties, be submitted to a panel of three (3) for a recommended resolution. The
22 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the
23 third member shall be selected by the other two panel members. The discovery rights
24 provided by California Code of Civil Procedure for civil proceedings shall be available and
25 enforceable to resolve the disputed issues. Either party requesting this dispute resolution
26 process shall, when invoking the rights to this panel, give to the other party a notice
27 describing the claims, disputes and other matters in question. Prior to twenty (20) working
28 days before the initial meeting of the panel, both parties shall submit all documents such
30
1 party intends to rely upon to resolve such dispute. If it is determined by the panel that any
2 party has relied on such documentation but has failed to previously submit such
3 documentation on a timely basis to the other party, the other party shall be entitled to a 20-
4 working-day continuance of such initial meeting of the panel. The decision by the panel is
5 not a condition precedent to arbitration, mediation or litigation.
6 4. Upon receipt of the panel's recommended resolution of the disputed
7 issue(s), the COUNTY and the CONSULTANT shall again meet and confer and attempt to
8 reach agreement. If the parties still are unable to reach agreement, each party shall have
9 recourse to all appropriate legal and equitable remedies.
10 C. The procedures to be followed in the resolution of claims and disputes may be
11 modified any time by mutual agreement of the parties hereto.
12 D. The CONSULTANT shall continue to perform its obligations under this
13 Agreement pending resolution of any dispute, and the COUNTY shall continue to make
14 payments of all undisputed amounts due under this Agreement.
15 E. When a claim by either party has been made alleging the CONSULTANT'S
16 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and
17 confer within twenty-one (21) working days after the written notice of the claim has been
18 provided.
19 19. OWNERSHIP OF DATA
20 A. All documents, including preliminary documents, calculations, and survey data,
21 required in performing services under this Agreement shall be submitted to, and shall
22 remain at all times the property of the COUNTY regardless of whether they are in the
23 possession of the CONSULTANT or any other person, firm, corporation or agency.
24 B. The CONSULTANT understands and agrees the COUNTY shall retain full
25 ownership rights of the drawings and work product of the CONSULTANT for the PROJECT,
26 to the fullest extent permitted by law. In this regard, the CONSULTANT acknowledges and
27 agrees the CONSULTANT'S services are on behalf of the COUNTY and are "works made
28 for hire," as that term is defined in copyright law, by the COUNTY; that the drawings and
31
1 work product to be prepared by the CONSULTANT are for the sole and exclusive use of
2 the COUNTY, and that the COUNTY shall be the sole owner of all patents, copyrights,
3 trademarks, trade secrets and other rights and contractual interests in connection therewith
4 which are developed and compensated solely under this Agreement; that all the rights, title
5 and interest in and to the drawings and work product will be transferred to the COUNTY by
6 the CONSULTANT to the extent the CONSULTANT has an interest in and authority to
7 convey such rights; and the CONSULTANT will assist the COUNTY to obtain and enforce
8 patents, copyrights, trademarks, trade secrets, and other rights and contractual interests
9 relating to said drawings and work product, free and clear of any claim by the
10 CONSULTANT or anyone claiming any right through the CONSULTANT. The
11 CONSULTANT further acknowledges and agrees the COUNTY's ownership rights in such
12 drawings or work product, shall apply regardless of whether such drawings or work product,
13 or any copies thereof, are in possession of the CONSULTANT, or any other person, firm,
14 corporation, or entity. For purposes of this Agreement the terms "drawings and work
15 product" shall mean all reports and study findings commissioned to develop the PROJECT
16 design, drawings and schematic or preliminary design documents, certified reproducibles of
17 the original final construction contract drawings, specifications, the approved estimate,
18 record drawings, as-built plans, and discoveries, developments, designs, improvement,
19 inventions, formulas, processes, techniques, or specific know-how and data generated or
20 conceived or reduced to practice or learning by the CONSULTANT, either alone or jointly
21 with others, that result from the tasks assigned to the CONSULTANT by the COUNTY
22 under this Agreement.
23 C. If this Agreement is terminated during or at the completion of any phase under
24 Article 3, electronic and reproducible copies of report(s) or preliminary documents shall be
25 submitted by the CONSULTANT to the COUNTY, which may use them to complete the
26 PROJECT(S) at a future time.
27 D. If the PROJECT is terminated at the completion of a construction document
28 phase of the PROJECT, electronic and certified reproducibles on 4 mil thick double matte
32
1 film of the original final construction contract drawings, specifications, and approved
2 engineer's estimate shall be submitted by the CONSULTANT to the COUNTY.
3 E. Documents, including drawings and specifications, prepared by the
4 CONSULTANT pursuant to this Agreement are intended to be suitable for reuse by the
5 COUNTY or others on extensions of the services provided for PROJECT. Any use of
6 completed documents for projects other than PROJECT(S) and/or any use of uncompleted
7 documents will be at the COUNTY'S sole risk and without liability or legal exposure to the
8 CONSULTANT.
9 The electronic files provided by the CONSULTANT to the COUNTY are submitted
10 for an acceptance period lasting until the expiration of this Agreement (i.e., throughout the
11 duration of the contract term, including any extensions). Any defects the COUNTY
12 discovers during such acceptance period will be reported to the CONSULTANT and will be
13 corrected as part of the CONSULTANT'S "Basic Scope of Work."
14 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising out
15 of, or connected with (1) the modification or misuse by the COUNTY or anyone authorized
16 by the COUNTY, of such CAD data, or (2) decline of accuracy or readability of CAD data
17 due to inappropriate storage conditions or duration; or (3) any use by the COUNTY, or
18 anyone authorized by the COUNTY, of such CAD data or other PROJECT documentation
19 for additions to the PROJECT for the completion of the PROJECT by others, or for other
20 projects; except to the extent that said use may be expressly authorized, in writing, by the
21 CONSULTANT.
22 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the
23 copyrighting of reports or other products. If copyrights are permitted, the CONSULTANT
24 hereby agrees and this Agreement shall be deemed to provide that the Federal Highway
25 Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce,
26 publish, or otherwise use, and to authorize others to use, the work for government
27 purposes.
28
33
1 20. CONSULTANT'S LEGAL AUTHORITY
2 The CONTRACTOR represents and warrants to the COUNTY that:.
3 A. The CONTRACTOR is duly authorized and empowered to sign and perform
4 its obligations under this Agreement; and
5 B. The individual signing this Agreement on behalf of the CONTRACTOR is duly
6 authorized to do so and his or her signature on this Agreement legally binds the
7 CONTRACTOR to the terms of this Agreement.
8 21. BINDING UPON SUCCESSORS
9 This Agreement shall be binding upon and inure to the benefit of the parties and
10 their respective successors in interest, assigns, legal representatives, and heirs.
11 22. SEVERABILITY
12 If any part of this Agreement is determined by a court of competent jurisdiction to be
13 unlawful or otherwise unenforceable, then this Agreement shall be construed as not
14 containing such provision, and all other provisions which are otherwise lawful shall remain
15 in full force and effect, and to this end the provisions of this Agreement are hereby declared
16 to be severable.
17 23. STATE PREVAILING WAGE RATES
18 A. No CONSULTANT or Subconsultant may be awarded an Agreement containing
19 public work elements unless registered with the Department of Industrial Relations (DIR)
20 pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the
21 entire term of this Agreement, including any subsequent amendments.
22 B. The CONSULTANT shall comply with all of the applicable provisions of the
23 California Labor Code requiring the payment of prevailing wages. The General Prevailing
24 Wage Rate Determinations applicable to work under this Agreement are available from the
25 Department of Industrial Relations website http://www.dir.ca.gov. These wage rates are
26 made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and
27 will be applicable to work performed at a construction project site. Prevailing wages will be
28
34
1 applicable to all inspection work performed at COUNTY construction sites, at COUNTY
2 facilities and at off-site locations that are set up by the construction contractor or one of its
3 subcontractors solely and specifically to serve COUNTY projects. Prevailing wage
4 requirements do not apply to inspection work performed at the facilities of vendors and
5 commercial materials suppliers that provide goods and services to the general public.
6 C. Payroll Records
7 1. Each CONSULTANT and Subconsultant shall keep accurate certified
8 payroll records and supporting documents as mandated by Labor Code §1776 and as
9 defined in 8 CCR §16000 showing the name, address, social security number, work
10 classification, straight time and overtime hours worked each day and week, and the actual
11 per diem wages paid to each journeyman, apprentice, worker, or other employee employed
12 by the CONSULTANT or Subconsultant in connection with the public work. Each payroll
13 record shall contain or be verified by a written declaration that it is made under penalty of
14 perjury, stating both of the following:
15 a. The information contained in the payroll record is true and correct.
16 b. The employer has complied with the requirements of Labor Code §1771,
17 §1811, and §1815 for any work performed by his or her employees on the public works
18 project.
19 2. The payroll records enumerated under paragraph (1) above shall be
20 certified as correct by the CONSULTANT under penalty of perjury. The payroll records and
21 all supporting documents shall be made available for inspection and copying by COUNTY
22 representatives at all reasonable hours at the principal office of the CONSULTANT. The
23 CONSULTANT shall provide copies of certified payrolls or permit inspection of its records
24 as follows:
25 a. A certified copy of an employee's payroll record shall be made
26 available for inspection or furnished to the employee or the employee's authorized
27 representative on request.
28 b. A certified copy of all payroll records enumerated in paragraph (1)
35
1 above, shall be made available for inspection or furnished upon request to a representative
2 of the COUNTY, the Division of Labor Standards Enforcement and the Division of
3 Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls
4 submitted to the COUNTY, the Division of Labor Standards Enforcement and the Division
5 of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
6 C. The public shall not be given access to certified payroll records by the
7 CONSULTANT. The CONSULTANT is required to forward any requests for certified
8 payrolls to the COUNTY Contract Administrator by both email and regular mail on the
9 business day following receipt of the request.
10 3. Each CONSULTANT shall submit a certified copy of the records
11 enumerated in paragraph (1) above, to the entity that requested the records within ten (10)
12 calendar days after receipt of a written request.
13 4. Any copy of records made available for inspection as copies and
14 furnished upon request to the public or any public agency by the COUNTY shall be marked
15 or obliterated in such a manner as to prevent disclosure of each individual's name, address,
16 and social security number. The name and address of the CONSULTANT or Subconsultant
17 performing the work shall not be marked or obliterated.
18 5. The CONSULTANT shall inform the COUNTY of the location of the
19 records enumerated under paragraph (1) above, including the street address, city and
20 county, and shall, within five (5) working days, provide a notice of a change of location and
21 address.
22 6. The CONSULTANT or Subconsultant shall have ten (10) calendar
23 days in which to comply subsequent to receipt of written notice requesting the records
24 enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails
25 to comply within the ten (10) day period, he or she shall, as a penalty to the COUNTY,
26 forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each
27 worker, until strict compliance is effectuated. Such penalties shall be withheld by the
28 COUNTY from payments then due. The CONSULTANT is not subject to a penalty
36
1 assessment pursuant to this section due to the failure of a Subconsultant to comply with
2 this section.
3 D. When prevailing wage rates apply, the CONSULTANT is responsible for
4 verifying compliance with certified payroll requirements. Invoice payment will not be made
5 until the invoice is approved by the COUNTY Contract Administrator.
6 E. Penalty
7 1. The CONSULTANT and any of its Subconsultants shall comply with
8 Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any
9 Subconsultant shall forfeit to the COUNTY a penalty of not more than two hundred dollars
10 ($200) for each calendar day, or portion thereof, for each worker paid less than the
11 prevailing rates as determined by the Director of DIR for the work or craft in which the
12 worker is employed for any public work done under the Agreement by the CONSULTANT
13 or by its Subconsultant in violation of the requirements of the Labor Code and in particular,
14 Labor Code §§1770 to 1780, inclusive.
15 2. The amount of this forfeiture shall be determined by the Labor
16 Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of
17 the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or
18 the previous record of the CONSULTANT or Subconsultant in meeting their respective
19 prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to
20 pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to
21 pay the correct rates of prevailing wages is not excusable if the CONSULTANT or
22 Subconsultant had knowledge of the obligations under the Labor Code. The
23 CONSULTANT is responsible for paying the appropriate rate, including any escalations that
24 take place during the term of the Agreement.
25 3. In addition to the penalty and pursuant to Labor Code §1775, the difference
26 between the prevailing wage rates and the amount paid to each worker for each calendar
27 day or portion thereof for which each worker was paid less than the prevailing wage rate
28 shall be paid to each worker by the CONSULTANT or Subconsultant.
37
1 4. If a worker employed by a Subconsultant on a public works project is
2 not paid the general prevailing per diem wages by the Subconsultant, the prime
3 CONSULTANT of the project is not liable for the penalties described above unless the
4 prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the
5 specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails
6 to comply with all of the following requirements:
7 a. The Agreement executed between the CONSULTANT and the
8 Subconsultant for the performance of work on public works projects shall include a copy of
9 the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
10 b. The CONSULTANT shall monitor the payment of the specified general
11 prevailing rate of per diem wages by the Subconsultant to the employees by periodic
12 review of the certified payroll records of the Subconsultant.
13 C. Upon becoming aware of the Subconsultant's failure to pay the
14 specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall
15 diligently take corrective action to halt or rectify the failure, including but not limited to,
16 retaining sufficient funds due the Subconsultant for work performed on the public works
17 project.
18 d. Prior to making final payment to the Subconsultant for work performed
19 on the public works project, the CONSULTANT shall obtain an affidavit signed under
20 penalty of perjury from the Subconsultant that the Subconsultant had paid the specified
21 general prevailing rate of per diem wages to the Subconsultant's employees on the public
22 works project and any amounts due pursuant to Labor Code §1813.
23 5. Pursuant to Labor Code §1775, the COUNTY shall notify the
24 CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a
25 complaint that a Subconsultant has failed to pay workers the general prevailing rate of per
26 diem wages.
27 6. If the COUNTY determines that employees of a Subconsultant were
28 not paid the general prevailing rate of per diem wages and if the COUNTY did not retain
38
1 sufficient money under the Agreement to pay those employees the balance of wages owed
2 under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an
3 amount of moneys due the Subconsultant sufficient to pay those employees the general
4 prevailing rate of per diem wages if requested by the COUNTY.
5 F. Hours of Labor
6 Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit,
7 as a penalty to the COUNTY, twenty-five dollars ($25) for each worker employed in the
8 execution of the Agreement by the CONSULTANT or any of its Subconsultants for each
9 calendar day during which such worker is required or permitted to work more than eight (8)
10 hours in any one calendar day and forty (40) hours in any one calendar week in violation of
11 the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive,
12 except that work performed by employees in excess of eight (8) hours per day, and forty
13 (40) hours during any one week, shall be permitted upon compensation for all hours
14 worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less
15 than one and one half (1.5) times the basic rate of pay, as provided in §1815.
16 G. Employment of Apprentices
17 1. Where either the prime Agreement or the subconsultant agreement
18 exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants
19 under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5,
20 1777.6 and 1777.7 in the employment of apprentices.
21 2. CONSULTANT and all subconsultants are required to comply with all
22 Labor Code requirements regarding the employment of apprentices, including mandatory
23 ratios of journey level to apprentice workers. Prior to commencement of work, the
24 CONSULTANT and subconsultants are advised to contact the DIR Division of
25 Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information
26 regarding the employment of apprentices and for the specific journey-to-apprentice ratios
27 for the Agreement work. The CONSULTANT is responsible for all subconsultants'
28 compliance with these requirements. Penalties are specified in Labor Code §1777.7.
39
1 Articles 24-39 Not used
2 40. ENTIRE AGREEMENT
3 This Agreement constitutes the entire agreement between the CONSULTANT and
4 COUNTY with respect to the subject matter hereof and supersedes all previous
5 negotiations, proposals, commitments, writings, advertisements, publications, and
6 understandings of any nature whatsoever unless expressly included in this Agreement. In
7 the event of any inconsistency in interpreting the documents which constitute this
8 Agreement, the inconsistency shall be resolved by giving precedence in the following order
9 of priority: (1) the text of this Agreement (2) the COUNTY'S Request for Qualification "On-
to Call A&E, Staff Augmentation and Related Services"; and (3) the CONSULTANT's
11 Statement of Qualification made in response to COUNTY'S Request for Qualification. In
12 consideration of promises, covenants and conditions contained in this Agreement, the
13 CONSULTANT and the COUNTY, and each of them, do hereby agree to diligently perform
14 in accordance with the terms and conditions of this Agreement, as evidenced by the
15 signatures below.
16
17
18
19
20
21
22
23
24
25
26
27
28
40
1 41. SIGNATURES
2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
3 set forth above.
4
5 CONTRACTOR COUNTY OF FRESNO
Steve White DateaI2022.09a19Y14*1613 hill
6 oroo
(Authorized Signature) Steven White, Director
7 Department of Public Works an
Planning
Print Name & Title
9
10 Mailing Address
1 2 �D �o)C 25 7�3
CA 4.3�?Z9 APPROVED AS TO LEGAL FORM
13 Daniel C. Cederborg, C u Counsel i
14
15 By:
16
17 APPROVED AS TO ACCOUNTING
FORM
18 Oscar J. Garcia, CPA,
Auditor-Controller/Traasurer-
19 Tax Collec<or
20 nr�n I-A�
Oscar Garcia p 6
21 ,202212:22 PDT)
BY: _
22
FOR ACCOUNTING USE ONLY:
23
Fund: 0001 / 0010 / 0400 / 0700 / 0701 / 0710 / 0720 / 0801
24
Subclass: 10000 / 11000 / 15000 / 15001 / 16900 / 10052 /10053 / 10061 / 10063 / 10065
25 10067
26 Org: 4360 /4365 /45104511 /45104512 / 45104513/45104514 / 7205/ 7910 /8852 /885
/ 8861 / 8863 / 8865 18867/ 9015 / 9020 / 9026 / 9028 / 9140
27
Account: 7295
28
41
Appendix A — List of All Consultants and Project Managers
A&M Consulting Engineers Bedrock Engineering, Inc.
220 North Locust Street, Visalia, CA PO Box 25783, Fresno, CA 93729
93291
Project Manager: Michael Hartley
Project Manager: Orfil Muniz
(559) 645-4849 x303
(559) 429-4747 mike@bedrockeng.com
orfil@am-engr.com
Blair, Church & Flynn Consulting
Applied EarthWorks Engineers
1391 Shaw Ave., Suite C Suite 201, 451 Clovis Ave. Suite 200, Clovis, CA
Fresno, CA 93711 93611
Project Manager: Erin Enright Project Manager: Jeffrey Brians
(805) 594-1590 x316 (559) 326-1400
eenright@appliedearthworks.com jbrians@bcf-engr.com
Area West Environmental, Inc. Blue Ridge Services Montana, Inc.
6248 Main Avenue, Suite C, 601 Kelly Ridge Road, Victor, MT 59875
Orangevale, CA 95662
Project Manager: Jason Todaro
Project Manager: Becky Rozumowicz-
Kodsuntie 6685 Morro Road, Atascadero, CA
93422
(916) 987-3362 (805) 461-6850
becky@areawest.net jason@blueridgeservices.com
Avila & Associates Borrelli And Associates, Inc
1300 Galaxy Way, Suite 12, Concord, 2032 N. Gateway Blvd., Fresno, CA
CA 94520 93727
Project Manager: Catherine Avila Project Manager: John Borrelli
(925) 672-0549 (559) 285-6086
cavila@avilaassociates.com johnb@borrelliengineering.com
1 of 7
BSK Associates Dewberry Engineers, Inc.
550 W Locust Avenue, Fresno, CA 575 East Locust Avenue, Suite 204,
93650 Fresno, CA 93720
Project Manager: Michael Collins Project Manager: Mike Pugh
(559) 497-2880 x182 (916) 420-1985
mcollins@bskassociates.com mpugh@dewberry.com
Civil & Environmental Consultants, Electrical Power Systems, Inc
Inc. 2187 Herndon Avenue, #102, Clovis,
333 Baldwin Road, Pittsburgh, PA CA 93611
15205
Project Manager: Joseph P. Prevendar
Project Manager: Darrell Thompson
(559) 221-7230
2356 Mountain View Ave, Sacramento, joe@epsfresno.com
CA 95670
(760) 977-8106
dthompson@cecinc.com Geo-Logic Associates
2777 East Guasti Rd. Suite 1, Ontario,
Cogstone Resource Management, CA 91761
Inc. (DBA: Cogstone) Project Manager: Jake Russell
1518 W. Taft Ave., Orange, CA 92865 143E Spring Hill Drive, Grass Valley, CA
Project Manager: Molly Valasik 95945
(530) 272-2448
(714) 974-8300 jrussell@geo-logic.com
mvalasik@cogstone.com
Ghirardelli Associates, Inc.
Cornerstone Structural Engineering
Group, Inc. 2990 Lava Ridge Ct. Suite 120,
Roseville, CA 95661
986 W Alluvial Ave Ste. 201, Fresno, CA
93711 Project Manager: Hugo Mejia
Project Manager: Mark Weaver (559) 250-9682
hmejia@ghirardelliassoc.com
(559) 320-3200
mweaver@cseg.com
2of7
Golder Associates USA Inc. / WSP Kleinfelder, Inc.
USA Inc.
3731 W. Ashcroft Avenue, Fresno, CA
1000 Enterprise Way, Suite 190, 93722
Roseville, CA, 95678
Project Manager: Stephen Plauson
Project Manager: Jeff Dobrowolski
(559) 577-1449
(949) 396-5737 splauson@kleinfelder.com
jdobrowolski@golder.com
Krazan & Associates, Inc.
Huber & Huber ARCHITECTS 215 W Dakota Ave, Clovis, CA 93612
10796 N. Tea Party Lane, Fresno, CA
93730-5920 Project Manager: David R. Jarosz
Project Manager: Ann Huber (559) 348-2200
DaveJ@krazan.com
(559) 470-7721
ann@hharchitects.net Lawrence Engineering Group
JLB Traffic Engineering, Inc. 7084 North Maple Avenue, Suite 101,
Fresno, CA 93720
516 W Shaw Ave, Ste. 103, Fresno, CA
93704 Project Manager: Ryan Carlson
Project Manager: Jose Luis Benavides (559) 431-0101 x103
ryan@legfresno.com
(559) 570-8991
jenavides@jlbtraffic.com Live Oak Associates, Inc.
Kitchell 39930 Sierra Way, Suite B, Oakhurst,
CA 93644
2344 Tulare Street, Suite 102 Fresno, Project Manager: Austin Pearson
CA 93721
Project Manager: Rick Barton (559) 760-3065
apearson@loainc.com
(559) 936-2360
rbarton@kitchell.com
3 of 7
LSA Associates, Inc. (doing business Montrose Environmental Solutions,
as LSA) Inc.
2565 Alluvial Avenue, Suite 172, Clovis, 1801 7th Street Suite 100, Sacramento,
CA 93611 CA 95811
Project Manager: Amanda Durgen Project Manager: Kt Alonzo
1504 Eureka Road, Suite 310, (916) 447-3479 x15817
Roseville, CA 95661 kalonzo@montrose-env.com
(916) 905-3937
Amanda.Durgen@lsa.net
NV5, Inc.
Mark Thomas 2109 West Bullard Avenue, Suite 145,
Fresno, CA 93711
7571 North Remington Avenue, Suite
102, Fresno, CA 93711 Project Manager: Kevin Reisz
Project Manager: Ed Noriega (559) 417-1008
kevin.reisz@nv5.com
(559) 374-3111
enoriega@markthomas.com
OCMI, Inc.
Michael Baker International 1300 Clay Street, Suite 900 Oakland,
CA 94612
500 Ygnacio Valley Road, Suite 300,
Walnut Creek, CA 94596 Project Manager: Conor Clarke
Project Manager: Nabaz Saieed (925) 426-1578
conor.clarke@ocmi.com
(510) 879-0977
nabaz.saieed@mbakerintl.com
O'Dell Engineering
MKN & Associates 7045 N Chestnut Avenue, Suite 103,
Fresno, CA 93720
8405 N. Fresno Street, Suite 120,
Fresno, CA 93720 Project Manager: Dylan Crawford
Project Manager: Henry Liang (209) 497-4065
dcrawford@odellengineering.com
(559) 500-4750 x1102
hliang@mknassociates.us
4of7
PARIKH Consultants, Inc. Robina Wright Architect and
1497 N Milpitas Boulevard, Milpitas, CA
Associates Inc.
95035 4025 N Fresno Ste, 107, Fresno, CA
Project Manager: David Wang
93726
(408) 690-8839 Project Manager: Robina Wright
DWang@parikhnet.com (559) 307-7232
robina@robinawrightarchitect.com
Peters Engineering Group
862 Pollasky Ave, Clovis, CA 93612 Stantec Consulting Services, Inc.
6780 North West Ave., Suite 103,
Project Manager: David Peters Fresno, CA 93711
(559) 299-1544 x111 Project Manager: Ralph Carson
dpeters@peters-engineering.com
(559) 904-1344
Provost & Pritchard Consulting ralph.carson@stantec.com
Group
455 W Fir Avenue, Clovis, CA 93711 Stearns, Conrad and Schmidt,Consulting Engineers, Inc.
Project Manager: Matthew W. Kemp
3900 Kilroy Airport Way, Suite 100,
(559) 449-2700 Long Beach, CA 90806
mkemp@ppeng.com
Project Manager: Pat Sullivan
Quad Knopf. Inc. (dba QK) 3117 Fite Circle, Suite 108,
Sacramento, CA 95827
601 Pollasky Avenue, Suite 301, Clovis, (916) 503-2956
CA 93612 psullivan@scsengineers.com
Project Manager: Ernie Escobedo
SWCA, Incorporated dba SWCA
(559) 449-2400 Environmental Consultants
Ernie.Esobedo@gkinc.com
1422 Monterey Street, Suite C200, San
Quincy Engineering Luis Obispo, CA 93401
11017 Cobblerock Dr., Suite 100 Project Manager: Bill Henry
1422 Monterey Street, Suite B-C200,
Project Manager: Mark Reno San Luis Obispo, CA 93401
(916) 368-9181 (805) 903-1193
markr@quincyeng.com bhenry@swca.com
5 of 7
SWT Engineering, Inc TRC Engineers, Inc.
800 S Rochester Ave., STE C, Ontario, 575 E. Locust Avenue, Suite 105,
CA 91761 Fresno, CA 93720
Project Manager: Michael A, Cullinane Project Manager: Robin Yates
(909) 390-1328 (559) 304-1240
mac@swteng.com RYates@trccompanies.com
T2 UES, Inc. d/b/a T2 Utility Triple HS, INc. dba H. T. Harvey &
Engineers Associates
5622 Research Drive, Huntington 8080 N. Palm Avenue, Suite 205,
Beach, CA 92649 Fresno, CA 93711
Project Manager: Glen Robison Project Manager: Amy Sparks
(714) 487-5783 (510) 225-5109
glen.robison@t2ue.com asparks@harveyecology.com
Temple Andersen Moore Architects Vanir Construction Management, Inc.
6781 N. Palm Avenue, Suite 120, 2444 Main Street, Suite 130, Fresno,
Fresno, CA 93704 CA 93721
Project Manager: Jared Ramirez Project Manager: Scott Murphy
(559) 435-4750 (559) 801-1569
jramirez@tamarchitects.com scott.murphy@vanir.com
Tetra Tech BAS, Inc. Willbanks Environmental Consulting,
21700 Copley Drive, Suite 200,
Inc
Diamond Bar, CA 91765 8413 N Millbrook Ave Suite 110, Fresno,
Project Manager: Caleb Moore CA 93720
(909) 655-3256 Project Manager: Noelle Willbanks
caleb.moore@tetratech.com (559) 797-4181
Noelle@wecenvironmental.com
6of7
Wood Wiley and Jebian
4685 N Cedar Ave. Suite B, Fresno, CA
93726
Project Manager: Anthony Jebian
(559) 225-3633
tjebian@wwjeng.com
7 of 7
Consultant's Scope of Services — Appendix B
Consultant Eligible Services Form
Consultant Firm: Bedrock Engineering
CONSULTANT is approved for these services:
Staff Federally
Discipline On-Call Funded
Augmentation projects
Archaeology / Architectural History /
Paleontology
Architectural Drafting and Design
Assessment Engineering
Biology
Building Commissioning (LEED)
Building Plan Checking
Certified Access Specialist (CASP)
Certification
Civil Engineering
Construction Management
Cost Estimating
Electrical Engineering
Encroachment Permit Inspections
Environmental Planning Services
Geotechnical Engineering
Grant Writing
Hydraulic Engineering
Industrial Hygiene, Hazardous Material,
Lead and Asbestos Compliance
Land Use / Planning
Landscaping Architecture
Materials Testing
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Staff Federally
Discipline On-Call Funded
Augmentation projects
Pavement Management
Permit Technicians
Plumbing and Mechanical Engineering
Solid Waste Engineering
Structural Engineering
Surveying X
Traffic and Transportation Engineering
Utility Locating
Water Resource Operators
Water Resources Engineering
CONSULTANT is responsible for all services listed within this scope document for the
discipline(s), funding sources and category of service (on-call and/or on-call staff
augmentation) which they have been indicated above as well as services listed across
discipline.
2of6
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Table of Contents
Consultant Eligible Services Form .............................................................................. 1
Tableof Contents............................................................................................................ 3
Descriptions of Work by Discipline ..................................................................................4
Surveying.....................................................................................................................4
On-Call Services ............................................................................................................. 5
TechnicalReports........................................................................................................ 5
Preparation of Various Reports and Studies................................................................ 5
3 of 6
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Descriptions of Work by Discipline
Surveying
1. Provide land records research for boundary determination of existing and proposed
County properties and rights-of-way;
2. Recover existing monuments including public land survey monuments (section
corners, etc.), property corners, rights-of-way monuments and benchmarks;
3. Provide retracement surveys;
4. Re-establish lost or obliterated corners;
5. Set-out and establish coordinates for horizontal and vertical project control points;
6. Provide planimetric and topographic site surveys for design purposes including
digital terrain modeling for contour interpolation, profile, cross-section and earthwork
volume calculations;
7. Complete borrow site surveys for earthwork calculations;
8. Interpret design plans to extract staking information;
9. Provide field staking — limits, frequency and offsets of stakes to be determined for
each project;
10.Provide records filings including, but not limited to, Corner Records and Record-of-
Survey; and
11.Identify and plot location of water, sewer and gas mains, central steam and other
utilities including, but not limited to, buried tanks and septic fields.
4of6
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
On-Call Services
Technical Reports
Applies to all disciplines
Description of Work
Prepare a detailed preliminary engineering report for the project in Department format.
The report shall contain all necessary information in sufficient detail to propose the
project design.
Requirements of Specified Services
1. Ascertain the requirements for Technical Reports through meetings with the
PROJECT ADMINISTRATOR and a review of existing information on the PROJECT(S).
2. The CONSULTANT shall prepare and submit technical reports to the PROJECT
ADMINISTRATOR for each assigned PROJECT. Technical reports shall be prepared in
accordance with the appropriate format required by local, state and federal laws,
regulations and guidelines.
3. When requested by the PROJECT ADMINISTRATOR, the CONSULTANT shall
attend meetings with the COUNTY, federal, state and/or local representatives to discuss
and review the technical report. The CONSULTANT shall prepare brief minutes of
meetings attended and promptly submit the minutes to the PROJECT
ADMINISTRATOR within seven (7) days.
4. The CONSULTANT shall submit each technical report to the PROJECT
ADMINISTRATOR for transmittal to other appropriate agencies for their review and
approval. The CONSULTANT shall revise and resubmit each technical report as
necessary until approved by all appropriate agencies.
5. The CONSULTANT shall prepare and submit technical studies and estimates in the
formats, quantities, and delivery methods delineated in Appendix C. The CONSULTANT
shall verify compatible format and quantity prior to final delivery.
Preparation of Various Reports and Studies
Applies to all disciplines
Description of Work
1. Analyze project budget;
5 of 6
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
2. Review existing engineering reports from the Department as available;
3. Prepare a detailed project cost estimate, which shall identify the
components and requirements of the project; and
4. Prepare a detailed report or study in Department format.
6of6
Appendix C
D K 10878 Highway 41, Madera, CA 93636
rISEP.O. Box 25783, Fresno, CA 93729
._.) ENGINEERING 559.645.4849 fax: 559.645.4869
A solid foundation for your next project www.bedrockeng.com
SECTION D
RFQ 2021 On-Call A&E Consultant and Related Services
List of Staff
Michael Hartley- President, Principal, Sales Manager, PLS
Pete Mayne-Vice President, Principal, Survey Party Chief, PLS
Dave Hartley- CFO, Principal, Civil Engineering Manager, RCE, QSD
Brad DeHart- General Manager
Nick Armesto- Employee Relations Manager
Matt Byas- Operations Manager
Laura Addington- Finance Manager
Gwenith Addington-Administrative Assistant
Alfredo Medina- Utility Locating Manager
Kenneth Padgett- Project Manager, PLS
Richard Shepard- Project Manager, PLS
Chase Miller- Project Manager, PLS
Nick Talbot- Survey Party Chief, L.S.I.T.
Jim Higgins- Survey Technician, L.S.I.T.
Alberto Loera- Survey Technician, L.S.I.T.
Julie Contreras- Engineering Technician
Nathan Beck- Survey Technician
Bob Devonshire- Survey Technician
Patrick Popp- Survey Technician
Aaron McFadden- Survey Technician
Michael S.Hartley,PLS• President Peter Mayne, PLS•Vice President David O.Hartley,RCE•CFO
Dedicated to serving the Central Valley's civil engineering and land surveying needs
Deliverables — Appendix D
Last updated: November 23, 2021
Prior to submissions, the CONSULTANT shall request from the PROJECT
ADMINISTRATOR examples of acceptable drafting format and reproducible standards.
Verification of compatible format will be required prior to final file delivery.
A. Technical Report Standard Submittal Formats:
1. Standard submittal formats:
a. Electronic copy sent via email:
i. Microsoft Word (.docx) formatted for printing on 8 '/2" by 11"
pages
ii. Microsoft Excel (.xlsx) formatted for printing on 8 '/2" by 11"
or 11" by 17" pages
iii. Adobe (.pdf) formatted for printing on 8 '/2" by 11" or 11" by
17" pages
iv. AutoCAD Civil 3D, as .DXF or .DWG files
V. Other mutually agreed upon format. Hardcopies upon
request.
2. Technical studies and estimates:
a. Electronic copy sent via email:
i. Microsoft Word (.docx)
ii. Microsoft Excel (.xlsx)
iii. Signed Final Version in Adobe (.pdf)
iv. Other mutually agreed upon format. Hardcopies upon
request.
3. Drawings:
a. Electronic copy sent via email:
i. AutoCAD Civil 3D as .DXF or .DWG files
ii. Hardcopies upon request.
B. Design Plans, Technical Specifications and Construction Estimate:
1. 30%, 60% and 90% plans, specifications and estimates for review
a. Progress prints and final originals of the plans, specifications, and
estimates.
b. Standard submittal format
c. Hardcopies on 22" X 34" pages (up to 10 copies) upon request.
2. Accepted Final original plans, specifications and estimates shall include
a. Hardcopies
i. Plan Set: One (1) original reproducible plan set on 22" by 34"
sheets of 4 mil thick double matte film.
ii. Cross Sections: One (1) reproducible copy of cross sections
on 22" by 34" sheets of 4 mil thick double matte film.
iii. Final Specifications and Engineer's Estimates: One (1)
stamped and wet signed paper copy on 8 '/2" by 11" pages.
b. Electronic copy sent via email
i. Final plans, cross sections and slope stake information,
design calculations, quantity calculations, and other design
information as applicable to the PROJECT.
ii. Final specifications and estimates
iii. Plan sheets, cross sections, earthwork calculations and
slope stake information shall be in:
• AutoCAD Civil 3D
iv. Specifications shall be in:
• Microsoft Word (.docx) formatted for printing on 8 '/2"
by 11" pages
V. Final engineer's estimates shall be in:
• Microsoft Excel (.xlsx)
C. County-provided preliminary engineering survey data on existing
structures and topographic mapping shall be in:
a. AutoCAD Civil 3D
b. Or other mutually agreed upon format
Appendix E
Non-Federal Cost Proposal
NON FEDERAL-COST PROPOSAL
SPECIFIC RATE OF COMPENSATION
Note:Mark-ups are Not Allowed
Consultant DRoG.IIL E&I&1 h1ESK I A G . Zil(„_ XPrime Consultant ❑ Subconsultant ❑ 2"Tier Subconsultant
Project No. Contract No. Participation Amount$ Date
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification' Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range-
Straight3 OT(1.5x) OT(2x) From To Hourly Rate' Increase for Classifications Only
John Doe-Project Manager* $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable
Civil Engineer II $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0%
$0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
SueJones-Construction $0.00 $0.00 $0.00 1 01/01/2016 12/31/2016 $0.00 Not Applicable
Engineer/Inspector $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0%
Engineer I $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Buddy Black-Claims Engineer $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable
Engineer III $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0%
$0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Land Surveyor** $0.00 $0.00 $0.00 O1/O1/ 0016 12/31/2016 $0.00 $00-$00
$0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00-$00
$0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00-$00
Technician $0.00 $0.00 $0.00 1 01/01/2016 12/31/2016 $0.00 $00-$00
$0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00-$00
$0.00 $0.00 $0.00 01/01/2018 12/31/2018_1 $0.00 0.0% 1 $00-$00
(Add pages as necessary)
NOTES:
1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All costs must comply
with the Federal cost principles.Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. For named employees and key personnel enter the actual hourly rate. For classifications only,enter the Average Hourly Rate for that classification.
Page 1 of 3
D K Physical: 10878 Highway 41, Madera, CA 93636
Mailing: P.O. Box 25783, Fresno, CA 93729
559.645.4849 fax:559.645.4869
__.) ENGINEERING www.bedrockeng.com
A solid foundation for your next project
FRESNO COUNTY ON-CALL CONSULTANT SERVICES
BEDROCK FEE SCHEDULE FOR LAND SURVEYING AND CIVIL ENGINEERING SERVICES
EMPLOYEE CLASSIFICATION HOURLY RATE
Principal Civil Engineer/ Principal Land Surveyor $180.00
Registered Civil Engineer/ Planning Consultant/ Professional Land Surveyor $160.00
Engineering/ Land Surveying Technician $130.00
Administrative Assistant/Clerical $100.00
Principal Expert Witness Testimony $350.00
FIELD CREW (normal rate and non-prevailing wage) HOURLY RATE
One-person crew with robotic total station $160.00
One-person crew with GPS total station $180.00
One-person crew with GPR and electromagnetic pipe & cable locator $160.00
Each additional crew member $120.00
Mobilization fee (per trip; based on project location) TBi
FIELD CREW(prevailing wage in all counties) HOURLY RATE
One-person crew with robotic total station $210.00
One-person crew with GPS total station $230.00
Each additional crew member $180.00
Mobilization fee (per trip; based on project location) TBD
EXPENSES & DAILY FEES RATE
Digital Level $75.00 per day
Sonar Equipment $150.00 per day
Hydrone (if needed for sonar) $250.00 per day
Quad $200.00 per day
UAV (drone) - (mapping software included at no additional cost) $500.00 per day
Faro X330 or Riegl Z390i laser scanner $1000.00 per day
Surveying supplies Direct cost + 15%
Plotting and reproduction services Direct cost + 15%
Transportation $0.75 per mile
Lodging and meals Direct cost + 15%
Postage Direct cost+ 15%
Subconsultants Direct cost + 10%
OVERTIME HOURLY RATE Selected Rate x 30%
DOUBLE-TIME HOURLY RATE Selected Rate x 60%
Hourly rates listed above are effective January 1, 2022 and remain in effect until December 31, 2022.
Hourly rates for 2023 will increase 5% above the 2022 hourly rates.
Hourly rates for 2024 will increase 10% above the 2022 hourly rates.
Hourly rates for 2025 will increase 15% above the 2022 hourly rates.
Rage /(/a)or,3
Michael S.Hartley,PLS•President Peter Mayne,PLS•Vice President David O.Hartley,RCE•CFO
Dedicated to serving the Central Valley's civil engineering and land surveying needs
Non-Federal Cost Proposal
NON FEDERAL-COST PROPOSAL
SPECIFIC RATE OF COMPENSATION
Consultant_6Ed_)P_4CK. J X—A)C. Prime Consultant ❑ Subconsultant
Project No. _ Contract No. _ Date
SCHEDULE OF OTHER COST ITEMS Add additional pages as necessary)
Description of Item Quantity Unit Unit Cost Total
Mileage Costs $ O.-7S $ 0.15 POP- MI LFS
:i Tnen` D nt ' 'Su lies AI=TVAt_ =05-r (S
Permit Fees $ $
Plan Sheets $ $
Test $ $
Vehicle $ $
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
Subconsultant 5: $
Note:Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice).
5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed,the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles.In addition,the miles claimed should be
supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle,the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles
that could be used for the same purpose.
9. The cost proposal format shall not be amended.All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
Page 2 of 3
Local Assistance Procedures Manual EXHIBIT 10-H3
Cost Proposal
NON FEDERAL-COST PROPOSAL
Certification of Direct Costs:
I,the undersigned, certify to the best of my knowledge and belief that all direct casts identified on the cost
proposal(s) in this contract are actual,reasonable, allowable,and allocable to the contract in accordance with the
contract terms and the following requirements:
1. Generally Accepted Accounting Principles(GAAP)
2. Terms and conditions of the contract
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifyinz:
Name:_d1ZGf1i4Q.S. &wrzg;y Title01
Signature :_ l Date of Certification(mm/dd/yyyy): �u-
Email: M Ike @-l XdV-a ck&5n /2I Phone Number: 55(� (r 4-S 4849
Address: _IOB—/-B 4,1 l4"&X-A* C& 93&,34,
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level
no lower than a Vice President or a Chief Financial Officer, or equivalent,who has authority to represent
the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
L-AiJO ScJP—\/E l�X
04 0MDQLGILad&I0 U'rILA i f Loc&nr4G
County of Fresno - On-Call A&E Consultant Services Appendix G
SELF-DEALING TRANSACTION DISCLOSURE FORM
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 in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
County of Fresno On-Call Engineering Consultant Services Appendix G
(1)Company Board Member Information:
Name: /�/ f( Date: ^/A
Job Title: A/ A
(2)Company/Agency Name and Address:
NIA
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
N/Q
I
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
E
A11A
(5)Authorized Signature
Signature: NIA Date: "V/4
Subconsultants — Appendix H
None.
County of Fresno Architectural-and 1=TTgin-ee�ng Consultant and Other Related Services - Appendix I
Resolution No. 07-525
1 BEFORE THE BOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESNO
3 STATE OF CALIFORNIA
4
} No.
5 In the matter of )
}
6 Amendment of Standard Conflict of )
Interest Code for All County )
7 Departments )
s
9 Whereas, the Political Reform Act, Government Code section 81000 et seq.,
10 requires state and local government agencies to adopt and promulgate conflict of interest
11 codes; and
12 Whereas, the Fair Political Practices Commission has adopted a regulation, Title
13 2, California Code of Regulations, section 18730, which contains the terms of a standard
14 conflict of interest code, and which may be amended by the Fair Political Practices
15 Commission after public notices and hearings to conform to amendments to the Political
16 Reform Act; and
17 Whereas, any local agency may incorporate this standard conflict of interest code,
18 and thereafter need not amend its code to conform to future amendments to the Political
19 Reform Act or its regulations; and
20 Whereas, the Board of Supervisors may adopt the standard conflict of interest
21 code on behalf of all County departments.
22 Now therefore be it resolved, that the terms of Title 2, California Code of
23 Regulations, section 18730, and any amendments to it duly adopted by the Fair Political
24 Practices Commission, are hereby incorporated by reference and, along with the Exhibits A
25 and B approved previously, today, or in the future, by this Board for each County
26 department, in which officers and employees are designated and disclosure categories are
27 set forth, constitute the conflict of interest codes of each County department.
28
COUNTY OF FRESNO
Fresno,California 1 -
1
County of Fresno Architectural and Engineering Consultant and OtheF Related Services Appendix I
1
Conflict of interest forms shall be filed as follows:
2
1. As required by Government Code section 87500, subdivision(e),the County
3
Administrative Officer, District Attorney, County Counsel, and Auditor-Controller/Treasurer-
4 Tax Collector shall file one original of their statements with the County Clerk,who shall make
5 and retain a copy and forward the original to the Fair Political Practices Commission, which
6
shall be the filing officer.
7 2. As required b Government Code section 87500, subdivision q y Q), all other
8 department heads shall file one original of their statements with their departments. The filing
9 officer of each department shall make and retain a copy and forward the original to the Clerk
10 to the Board of Supervisors, who shall be the filing officer.
11 3. All other designated employees shall file one original of their statements
12 with their departments.
13 Adopted at a regular meeting of the Board of Supervisors, held on the 2nd day of
14 October, 2007, by the following vote, to wit:
15 Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston
16 Noes: None
1
17 Absent: None
18
19 F
20
Chairman, Board of Supervisors
21
22 Attest:
23 _0/
24 (�J�
25 Clerk
26
I
27
I
28
i
COUNTY OF FRESNO
Fresno,Cellfarnia 2
County of Fresno
Fresno,California
cod, County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I
Conflict of Interest Code [n Email Me]
r'I
Double click!
Local Agency Annual / Biennial Report
In accordance with Government Code Section 87306.5, this department has reviewed its Conflict of
Interest Code and has determined that (check one of the following):
1. ❑ Our department's Conflict of Interest Code accurately designates all positions
within our department which make or participate in the making of decisions which
may foreseeably have a material effect on any financial interest; and the
disclosure category assigned to each such position accurately requires the
disclosure of all of the specific types of investments, business positions, interests
in real property, and sources of income that are reportable under Government
Code Section 87302 ("reportable under Government Code Section 87302"
means: an investment, business position, interest in real property, or source of
income shall be made reportable by the Conflict of Interest Code if the business
entity in which the investment or business position is held, the interest in real
property, or the income or source of income may foreseeably be affected
materially by any decision made or participated in by the designated employee
by virtue of his or her position); or,
2. ® Our department's Conflict of Interest Code is in need of amendment. We have
determined that the following amendments are necessary (check applicable
items, and refer to Exhibits "A" and "B" for detail if appropriate):
A. ❑ Include new positions (including consultants) that must be designated.
B. ❑ Include or delete positions because changes in duties.
C. ❑ Include positions that manage public investments.
D. ❑ Revise disclosure categories.
E. ❑ Revise the titles of existing positions.
F. ❑ Delete titles of positions that have been abolished.
G. ❑ Other (describe)
CONTACT PERSON DEPARTMENT
Sam Mann Public Works and Planning
I hereby approve the foregoing reported information for our department:
stwhite 12/13/2021 4:01:37 PM [a Sign] Double click!
Department Head Signature/Date
Note: Government Code Section 87306 requires that when an agency (e.g., your department) has determined
that amendments or revisions are necessitated by changed circumstances, the amendments or revisions
shall be submitted to the code reviewing body within 90 days after the changed circumstances have
become apparent.
3
County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I / II 2
Architect 1
Assistant Dorontnr of D--blir+ \A/orbs & Dlanninn- Planning and Resource
Management Official. 1
Building Inspector I / II 1
Building Plans Engineer 1
Chief Building Inspector 1
Chief of Field Surveys 1
Consultant
Deputy Director of Public Works 1
Development Services & Capital Projects Manager 1
Director of Public Works and Planning 1
Disposal Site Supervisor 2
Engineer I / II / III 1
Field Survey Supervisor 3
Financial Analyst I / II / III 1
Housing Rehabilitation Specialist I / 11 1
Information Technology Analyst I / 11 / III / IV 2
Landfill Operations Manager 1
Planner I / II / III 1
Principal Accountant 1
Principal Planner 1
Principal Staff Analyst 1
Public Works and Planning Business Manager 1
Public Works and Planning Information Technology Manager 1
Public Works Division Engineer 1
Resources Division Manager 1
Right-of-Way Agent II / III 1
Road Maintenance & Operations Division Manager 1
Road Maintenance Supervisor 1
Road Superintendent 1
Senior Accountant 2
Senior Engineer 1
Senior Engineering Technician 2
Senior Information Technology Analyst 2
Senior Planner 1
Senior Staff Analyst 1
4
County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I
Classification Category
Staff Analyst I / 11 / III 1
Supervising Accountant 1
Supervising Architect 1
Supervising Building Inspector 1
Supervising Engineer 1
Supervising Water/Wastewater Specialist 1
Traffic Maintenance Supervisor 2
Water & Natural Resources Manager 1
Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation: The Director of Public Works and Planning may determine in writing that a
particular consultant, although a "designated position", is hired to perform a range of
duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written determination shall include a
description of the consultant's duties and, based upon that description, a statement of
the extent of disclosure requirements. The Director of Public Works and Planning's
determination is a public record and shall be retained for public inspection in the same
manner and location as this conflict of interest code.
5
County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I
EXHIBIT "B"
PUBLIC WORKS AND PLANNING
1. Persons in this category shall disclose all reportable investments, interests in real
property, sources of income (including gifts), and business positions. Financial
interests (other than gifts) are reportable only if located within or subject to the
jurisdiction of Fresno County, or if the business entity is doing business or planning to
do business in the jurisdiction, or has done business within the jurisdiction at any time
during the two years prior to the filing of the statement. Real property shall be deemed
to be within the jurisdiction of the County if the property or any part of it is located
within or not more than two miles outside the boundaries of the County (including its
incorporated cities) or within two miles of any land owned or used by the County.
2. Persons in this category shall disclose all reportable investments in, income from
(including gifts), and business positions with any business entity which, within the last
two years, has contracted or in the future foreseeably may contract with Fresno
County through its Public Works and Planning Department, Solid Waste Commissions
within the jurisdiction, or to any other joint powers agency which Fresno County is a
member to provide services, supplies, materials, machinery, or equipment to the
County.
3. Persons in this category shall disclose all interests in real property within the
jurisdiction of Fresno County. Real Property shall be deemed to be within the
jurisdiction if the property or any part of it is located within or not more than two miles
outside the boundaries of Fresno County (including its incorporated cities) or within
two miles of any land owned or used by the County.
6