HomeMy WebLinkAbout2022-Kleinfelder-On-Call-A-and-E-Agreement.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
O. Staff Augmentation........................................................................................................9
3. TERM OF AGREEMENT ............................................................................................9
4. TERMINATION ......................................................................................................... 10
A. Non-Allocation of Funds / Funding Requirements ...................................................... 10
B. Breach of Contract...................................................................................................... 10
C. Without Cause............................................................................................................ 11
5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS................................... 11
A. Maximum Cumulative Amount Available .................................................................... 11
B. Consultant Fee ........................................................................................................... 12
C. Indirect Cost Rate........................................................................................................ 14
D. Retention.................................................................................................................... 15
E. Payments ................................................................................................................... 15
F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 17
6. INDEPENDENT CONTRACTOR.............................................................................. 18
7. MODIFICATION / CHANGE IN TERMS.................................................................... 19
8. NON-ASSIGNMENT ................................................................................................. 19
9. HOLD HARMLESS ...................................................................................................20
10. LIABILITY INSURANCE............................................................................................21
A. Commercial General Liability.......................................................................................21
B. Automobile Liability......................................................................................................21
C. Professional Liability Insurance: ..................................................................................21
D. Worker's Compensation .............................................................................................22
E. Additional Requirements Relating to Insurance..........................................................22
11. AUDITS / RETENTION OF RECORD.......................................................................23
12. NOTICES ..................................................................................................................24
13. GOVERNING LAW ...................................................................................................25
14. DISCLOSURE OF SELF-DEALING TRANSACTIONS.............................................25
15. ELECTRONIC SIGNATURE .....................................................................................25
16. SUBCONSULTANTS................................................................................................26
I. Prompt Progress Payment............................................................................................28
J. Prompt Payment of Withheld Funds to Subconsultants ..............................................28
17. CONFLICT OF INTEREST .......................................................................................29
18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES .............................................31
19. OWNERSHIP OF DATA ...........................................................................................33
20. CONSULTANT'S LEGAL AUTHORITY ....................................................................35
21. BINDING UPON SUCCESSORS..............................................................................36
22. SEVERABILITY.........................................................................................................36
23. STATE PREVAILING WAGE RATES .......................................................................36
C. Payroll Records...........................................................................................................36
E. Penalty......................................................................................................................38
1 F. Hours of Labor ..........................................................................................................40
2 G. Employment of Apprentices...................................................................................41
24. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION ...............41
3 F. Contract Assurance .....................................................................................................43
G. Termination and Substitution of DBE Subconsultants................................................44
4 H. Commitment and Utilization.........................................................................................45
25. COST PRINCIPLES..................................................................................................48
5 26. AUDIT REVIEW PROCEDURES..............................................................................48
6 27. EQUIPMENT PURCHASE........................................................................................51
28. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION....................52
7 29. PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR
LOBBYING .........................................................................................................................52
8 30. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ..............53
31. DEBARMENT AND SUSPENSION CERTIFICATION ..............................................55
9 32. FUNDING REQUIREMENTS....................................................................................56
10 33. CONTINGENT FEES................................................................................................56
34. INSPECTION OF WORK..........................................................................................57
11 35. SAFETY....................................................................................................................57
36. CLAIMS FILED BY THE COUNTY'S CONSTRUCTION CONTRACTOR ................58
12 37. CONFIDENTIALITY OF DATA..................................................................................58
13 38. NATIONAL LABOR RELATIONS BOARD CERTIFICATION....................................59
39. EVALUATION OF THE CONSULTANT....................................................................59
14 40. ENTIRE AGREEMENT .............................................................................................59
41. SIGNATURES...........................................................................................................61
15
16 Appendices
17 Appendix A— Listing of all consultants, including CONSULTANT'S "Project Manager"
Appendix B — Scope
18 Appendix C — Project Team
19 Appendix D — Deliverables
Appendix E — Cost Proposal
20 Appendix F — Indirect Cost Rate (ICR) Form(s)
Appendix G — Self Dealing Transaction Disclosure Form
21 Appendix H — Subconsultants
Appendix I — Conflict of Interest Code
22 Appendix J — DBE Programs
23 Appendix K — DBE Forms
Appendix L — Disclosure Form to Report Lobbying
24 Appendix M — Debarment and Suspension Certification
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26
27
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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 21st day of
4 September 2022, by and between the COUNTY OF FRESNO, a Political Subdivision of the
5 State of California, hereinafter referred to as "COUNTY"; and Kleinfelder, Inc., a
6 California Corporation, whose address is 3731 W Ashcroft Ave. Fresno, CA 93722,
7 hereinafter 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 ehaagenson fresnocountyca.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. Staff Augmentation
5 The COUNTY will:
6 a. Issue Task Orders on an assignment-by-assignment basis. Task Orders
7 will at a minimum include a description of the assignments to be performed and the
8 anticipated duration of the assignments.
9 b. Provide a work station and basic work tools and supplies such as
computers, printers, calculators, paper and various office supplies. Parking charges will not
10
be reimbursed by the COUNTY.
11
c. Compensate the CONSULTANT as provided in the AGREEMENT.
12 d. Provide, as to each PROJECT, designated COUNTY management staff,
13 including the member of COUNTY staff who will be the Engineer-in-Responsible Charge for
14 that PROJECT, who together shall be responsible to assign work and oversee the work of
15 CONSULTANT's staff on a day-to-day basis.
16 e. Provide an individual PROJECT ADMINISTRATOR to serve as a
17 representative of the COUNTY who will coordinate and communicate with the
18 CONSULTANT, to the extent appropriate, to facilitate the CONSULTANT'S performance of
19 its obligations in accordance with the provisions of the AGREEMENT.
20 f. Give reasonably prompt consideration to all matters submitted for
approval by the CONSULTANT in an effort to assist the CONSULTANT in avoiding any
21
substantial delays in the CONSULTANT'S program of work. An approval, authorization or
22
request to the CONSULTANT given by the COUNTY will be binding upon the COUNTY
23 under the terms of the AGREEMENT only if it is made in writing and signed on behalf of the
24 COUNTY by the CONTRACT ADMINISTRATOR.
25 3. TERM OF AGREEMENT
26 A. The term of this Agreement shall be for a period of five (5) years, commencing
27 upon execution by the COUNTY, through and including the fifth anniversary of the
28
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1 execution date.
2 B. The CONSULTANT shall commence work promptly after receipt of a Notice to
3 Proceed or Task Order issued by the CONTRACT ADMINISTRATOR. The period of
4 performance for Task Orders shall be in accordance with dates specified in the Task Order.
5 No Task Order will be written which would extend the period of performance beyond the
6 expiration date of this Agreement, the maximum term of which shall not exceed five (5)
7 years.
8 4. TERMINATION
9 A. Non-Allocation of Funds / Funding Requirements
10 The terms and conditions of this Agreement, and the services to be provided
11 hereunder, are contingent on the approval of funds by the appropriating government
12 agency. Should sufficient funds not be allocated, the services provided may be modified, or
13 this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days
14 advance written notice. This Agreement may be terminated without cause at any time by
15 the COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this
16 Agreement, the CONSULTANT shall be compensated for services satisfactorily completed
17 to the date of termination based upon the compensation rates and subject to the maximum
18 amounts payable agreed to in Article 5, together with such additional services satisfactorily
19 performed after termination which are expressly authorized by the COUNTY to conclude
20 the work performed to date of termination.
21 B. Breach of Contract
22 The COUNTY may immediately suspend or terminate this Agreement in whole or in
23 part, where in the determination of the COUNTY there is:
24 1. An illegal or improper use of funds;
25 2. A failure to comply with any term of this Agreement;
26 3. A substantially incorrect or incomplete report submitted to the COUNTY;
27 4. Improperly performed service.
28 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
10
1 of any breach of this Agreement or any default which may then exist on the part of the
2 CONSULTANT, nor shall any such payment impair or prejudice any remedy available to
3 the COUNTY with respect to the breach or default. The DIRECTOR shall have the right to
4 demand of the CONSULTANT the repayment to the COUNTY of any funds disbursed to
5 the CONSULTANT under this Agreement, which, in the sole judgment of the COUNTY
6 were not expended in accordance with the terms of this Agreement. The CONSULTANT
7 shall promptly refund any such funds upon demand. This Section survives the termination
8 of this Agreement.
9 C. Without Cause
10 Under circumstances other than those set forth above, this Agreement may be
11 terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
12 intention to terminate to CONTRACTOR.
13 5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS
14 A. Maximum Cumulative Amount Available
15 The COUNTY has or will enter into up to fifty (50) separate agreements, including
16 this Agreement, for performance of the Scope of Services identified hereinabove in Article
17 1, Section A and more thoroughly in Appendix B attached hereto. The other Agreements
18 are to be entered into by the COUNTY with the other consultant firms listed, together with
19 the CONSULTANT, on the list of consultant firms attached hereto as Appendix A. The total
20 amount payable by the COUNTY for all the Agreements combined shall not exceed a
21 cumulative maximum total value of Twenty-two Million Two Hundred Thousand Dollars
22 ($22,200,000), which "Not to Exceed Sum" hereinafter shall be referenced as the "NTE
23 Sum".
24 It is understood and agreed that there is no guarantee, either expressed or implied,
25 that all or any specific portion of this maximum NTE Sum will be authorized under the On-
26 Call Engineering Consultant Agreements through Task Orders. It is further understood and
27 agreed that there is no guarantee, either expressed or implied, that any Task Order will be
28 assigned to the CONSULTANT or that the CONSULTANT will receive any payment
11
1 whatsoever, under the terms of this Agreement. Each time a Task Order is awarded under
2 any of the Agreements, the COUNTY shall send written notification to the CONSULTANT
3 and each of the other consultants that entered into the Agreements. Each such notice shall
4 identify the cumulative total of funds allocated under all Task Orders issued hereunder as
5 of that date, and the remaining unencumbered amount of the NTE Sum. The
6 CONSULTANT acknowledges and agrees that the COUNTY shall not pay any amount
7 under this Agreement that would cause the NTE Sum to be exceeded, and the
8 CONSULTANT shall not enter into a Task Order that exceeds the remaining
9 unencumbered amount of the NTE Sum.
10 B. Consultant Fee
11 1. The approved CONSULTANT's Cost Proposal is attached hereto
12 as Appendix E and incorporated by this reference as though fully set forth herein. If there is
13 any conflict between the provisions set forth in the text of this Agreement and the approved
14 Cost Proposal (Appendix E), this Agreement shall take precedence.
15 2. The hourly and cost rates listed in Appendix E for services
16 rendered by the CONSULTANT and subconsultants shall remain in effect for the entire
17 duration of this Agreement unless adjusted in accordance with the provisions of
18 Paragraphs 3, 5, or 6 of this Article 5, Section B.
19 3. The hourly rates paid for services performed by the CONSULTANT
20 and by subconsultants of the CONSULTANT and the rates for expenses incidental to the
21 CONSULTANT'S and its subconsultants' performance of services may be adjusted no
22 more than once annually for inflation, in accordance with the following provisions: the
23 CONSULTANT may request new labor rates and new rates for expenses incidental to the
24 CONSULTANT'S and subconsultant's performance of services subject to written approval
25 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article 5,
26 Section B. The CONSULTANT shall initiate the rate adjustment process by submitting to
27 the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The proposed
28 adjusted fee schedule shall include proposed hourly rates for all categories of the
12
1 CONSULTANT'S and any subconsultants' wage classifications and proposed rates for
2 incidental expenses listed in Appendix E. The proposed adjusted fee schedule shall not
3 take effect unless approved in writing by the CONTRACT ADMINISTRATOR. The
4 CONSULTANT hereby acknowledges its understanding that approval by the CONTRACT
5 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide
6 a basis for any increase in the NTE Sum as set forth in Article 5, Section A.
7 4. Expenses incidental to the CONSULTANT'S and any
8 subconsultant's performance of services under Article 5 of this Agreement shall be charged
9 at the rates listed in Appendix E, subject to any adjustments that may be approved in
10 accordance with Paragraphs 3, 5, or 6 of this Article 5, Section B. Unless incorporated in an
11 adjusted fee schedule approved by the CONTRACT ADMINISTRATOR in accordance with
12 Paragraphs 3, 5, or 6 of this Article 5, Section B, all other expenses incidental to the
13 CONSULTANT'S and any subconsultant's performance of the services under Article 1 of
14 this Agreement that are not specifically listed in Appendix E shall be borne by the
15 CONSULTANT.
16 5. In the event that, in accordance with Article 1, Section D, the
17 CONTRACT ADMINISTRATOR approves the CONSULTANT to retain additional
18 subconsultants not listed in Appendix H, hourly rates paid for services performed by such
19 additional subconsultants of the CONSULTANT and the rates for expenses incidental to
20 those additional subconsultants' performance of services may be adjusted no more than
21 once annually for inflation, in accordance with Article 5, Section B, Paragraph 3. The first
22 annual adjustment of hourly and incidental expense rates for such additional
23 subconsultants shall not be submitted for approval prior to one year after the CONTRACT
24 ADMINISTRATOR'S approval of the retention of such additional subconsultant(s) by the
25 CONSULTANT.
26 6. Notwithstanding any other provisions in this Agreement, the
27 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the
28 CONSULTANT'S or subconsultant's list of rates for incidental expenses to include
13
1 additional categories of such expenses if, in the opinion of the CONTRACT
2 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S
3 performance of the PROJECT(S).
4 7. Reimbursement for transportation and subsistence costs shall not
5 exceed the rates as specified in the approved Cost Proposal (Appendix E). The
6 CONSULTANT will be responsible for transportation and subsistence costs in excess of
7 State rates.
8 8. The consideration to be paid to CONSULTANT as provided herein,
9 shall be in compensation for all of CONSULTANT's expenses incurred in the performance
10 hereof, including travel and per diem, unless otherwise expressly so provided.
11 C. Indirect Cost Rate
12 1. In accordance with Article 16, the Indirect Cost Rate (ICR) listed in the
13 CONSULTANT's Cost Proposal (Appendix E) shall match the ICR listed for the
14 CONSULTANT's ICR Forms and all subconsultant's ICR Forms, attached hereto Appendix
15 E and incorporated by reference.
16 The ICR Forms attached as Appendix F for CONSULTANT or subconsultant with an
17 approved ICR are:
18 a. Consultant Annual Certification of Indirect Costs and Financial
19 Management System (Exhibit 10-K),
20 b. the ICR Schedule with FAR References for Disallowed Costs
21 c. the Cognizant Approval Letter for the ICR FYE Proposed.
22 The ICR Forms attached as Appendix F for CONSULTANT or subconsultant without
23 an approved ICR is an approved California Safe Harbor Indirect Cost Rate Program
24 Consultant Certification of Eligibility of Contract Costs and Financial Management,
25 otherwise known as a Safe Harbor Rate (SHR) Request Form.
26 2. All parties agree to fix the ICR for the term of the contract.
27
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1 D. Retention
2 In addition to any amounts withheld under Article 1, the CONSULTANT agrees that
3 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five
4 percent (5%) retention from the earned compensation of the CONSULTANT. If the
5 CONTRACT ADMINISTRATOR determines that retention will not be withheld for a
6 PROJECT, the CONTRACT ADMINISTRATOR will so state in writing prior to
7 commencement of the PROJECT by the CONSULTANT. The CONTRACT
8 ADMISTRATOR will identify in writing prior to commencement of the PROJECT the
9
PROJECT-specific prerequisites (such as successful completion of a PROJECT phase, as
10
an example) for the release of retentions.
11
E. Payments
12
1. Progress payments will be made by the COUNTY upon receipt of the
13
CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR
14
thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the
15
respective components of the assigned PROJECT. Invoices shall clearly identify the
16
17 PROJECT by Name(s), the Phase and Task(s) comprising the work that is the subject of
18 the invoice, the Notice to Proceed or Task Order number, and the date(s) on which the
19 work was performed. Invoices shall be submitted together with the documentation identified
20 below in Paragraph 5 of this Article 5, Section E. Invoices shall be forwarded electronically
21 to: PWPBusinessOffice(a)fresnocountyca.gov
22 2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR
23 will take a maximum of ten (10) working days to review, approve, and submit it to the
24 COUNTY Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
25 will be returned to the CONSULTANT for correction and resubmittal. Payment, less
26 retention, if applicable, will be issued to the CONSULTANT within forty five (45) calendar
27
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1 days of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved
2 invoice.
3 3. The COUNTY is entitled to withhold a five percent (5%) retention
4 from the CONSULTANT'S earned compensation in accordance with the provisions of
5 Article 5, Section D of this Agreement.
6 4. An unresolved dispute over a possible error or omission may cause
7 payment of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
8
5. Concurrently with the invoices, the CONSULTANT shall certify
9
(through copies of issued checks, receipts, or other COUNTY pre-approved
10
documentation) that complete payment, less a five percent (5%) retention if applicable, has
11
been made to all subconsultants as provided herein for all previous invoices paid by the
12
COUNTY. However, the parties do not intend that the foregoing creates, as to any
13
subconsultants or subcontractors, any purported third-party beneficiary status or any third-
14
15 party beneficiary rights whatsoever, and the parties do hereby expressly disclaim any such
16 status or rights.
17 6. Final invoices, and separate invoices for retentions, shall be
18 submitted to CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase
19 is completed. Payment for retentions, if any, shall not be made until all services for the
20 phase are completed.
21 7. In the event the DIRECTOR reduces the scope of the
22 CONSULTANT'S work under this Agreement for a specific PROJECT (or discontinues a
23 specific PROJECT), whether due to a deficiency in the appropriation of anticipated funding
24 or otherwise, the CONSULTANT will be compensated on a pro rata basis for actual work
25 completed and accepted by the DIRECTOR in accordance with the terms of this
26 Agreement.
27
28
16
1 8. Credits due CONSULTANT that include any equipment purchased
2 under the provisions of Article 27 Equipment Purchase, must be reimbursed
3 by CONSULTANT prior to the expiration or termination of this Agreement.
4 F. Notice to Proceed / Task Orders / Project Cost Proposal
5 1. Upon the acceptance of a project proposal submitted by the
6 CONSULTANT in accordance with the provisions of Article 1, Section I, and if an
7 agreement has been reached on the negotiable items and total cost in connection
8 therewith, then a specific PROJECT will be assigned to the CONSULTANT through
9 issuance by the CONTRACT ADMINISTRATOR of one or more Task Orders or Notices to
10
Proceed (NTP). Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for
11
specific rates of compensation, both of which must be based on the labor and other rates
12
set forth in the CONSULTANT's approved Cost Proposal (Appendix E to this Agreement).
13
2. A Project Cost Proposal is of no force or effect and no expenditures
14
are authorized on a PROJECT and work shall not commence until a Notice to Proceed for
15
16 that PROJECT has been issued by the COUNTY.
17 3. If the CONSULTANT fails to satisfactorily complete a deliverable
18 according to the schedule set forth in a Task Order, no payment will be made until the
19 deliverable has been satisfactorily completed.
20 4. When milestone or phase cost estimates are included in the Project
21 Cost Proposal and/or Task Order, the CONSULTANT shall obtain prior written approval for
22 a revised Project Cost Proposal from the CONTRACT ADMINISTRATOR before exceeding
23 such estimate.
24 5. The CONSULTANT shall not commence performance of any work or
25 services hereunder until this Agreement has been formally approved by the COUNTY and
26 Notice to Proceed on a specific PROJECT has been issued by the COUNTY's CONTRACT
27
28
17
1 ADMINISTRATOR. No payment will be made prior to approval or for any work performed
2 by the CONSULTANT prior to the COUNTY'S formal approval of this Agreement.
3 6. The period of performance for each Notice to Proceed shall be in
4 accordance with dates specified in the Notice to Proceed. Consistent with the provisions of
5 Article 3, Section B, no Notice to Proceed will be issued that would extend the
6 CONSULTANT'S period of performance beyond the expiration date of this Agreement.
7 7. Notices to Proceed may not be used to amend any provision of this
8 Agreement or to expand the scope of the CONSULTANT'S work as authorized under the
9
provisions of this Agreement.
10
6. INDEPENDENT CONTRACTOR
11
A. In performance of the work, duties and obligations assumed by the CONSULTANT
12
under this Agreement, it is mutually understood and agreed that the CONSULTANT, including
13
any and all of the CONSULTANT'S officers, agents, and employees will at all times be acting
14
and performing as an independent contractor, and shall act in an independent capacity and
15
16 not as an officer, agent, servant, employee, joint venturer, partner, or associate of the
17 COUNTY.
18 1. When the CONSULTANT is providing regular on-call consultant
19 services hereunder, the COUNTY shall have no right to control or supervise or direct the
20 manner or method by which the CONSULTANT shall perform its work and function. However,
21 the COUNTY shall retain the right to administer this Agreement so as to verify that the
22 CONSULTANT is performing its obligations in accordance with the terms and conditions
23 thereof.
24 2. Notwithstanding the foregoing, when the CONSULTANT is providing
25 Staff Augmentation services hereunder, the County will have oversight responsibility over the
26 work performed by CONSULTANT'S employees on every PROJECT for which
27 CONSULTANT provides Staff Augmentation services pursuant hereto, and one of the
28
18
1 COUNTY's own licensed engineers shall be the Engineer-in-Responsible Charge, and
2 accordingly will approve, sign, and stamp the final plans for those PROJECTS on which any
3 of CONSULTANT's employees performs any Staff Augmentation services hereunder.
4 Furthermore, COUNTY shall retain the right as to any such PROJECT to administer the
5 AGREEMENT in order to verify that the CONSULTANT is performing its obligations in
6 accordance with the terms and conditions hereof.
7 B. The CONSULTANT and the COUNTY shall comply with all applicable provisions of
8 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
9 matters the subject thereof.
10 C. Because of its status as an independent contractor, the CONSULTANT shall have
11 absolutely no right to employment rights and benefits available to COUNTY employees. The
12 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its
13 employees all legally-required employee benefits. In addition, the CONSULTANT shall be
14 solely responsible and save the COUNTY harmless from all matters relating to payment of the
15 CONSULTANT'S employees, including compliance with Social Security withholding and all
16 other regulations governing such matters. It is acknowledged that during the term of this
17 Agreement, the CONSULTANT may be providing services to others unrelated to the
18 COUNTY or to this Agreement.
19 7. MODIFICATION / CHANGE IN TERMS
20 A. This Agreement may be amended or modified only by mutual written agreement
21 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article
22 7, Section C, and Article 16, Section A, any such written amendment to this Agreement
23 may be approved on the COUNTY's behalf only by its Board of Supervisors.
24 B. The CONSULTANT shall only commence work covered by an amendment after
25 the amendment has been fully executed and written notification to proceed has been
26 issued by the CONTRACT ADMINISTRATOR.
27 C. There shall be no change in CONSULTANT's Project Manager or members of the
28
19
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
20
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.
21
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
22
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 b
15 cancelled or changed without a minimum of thirty (30) days advance, written notice given to
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
23
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
24
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
25
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
26
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.
27
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
28
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
29
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.
30
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
31
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
32
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
33
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
34
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
35
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
36
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)
37
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
38
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.
39
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
40
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.
41
1 24. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
2 A. This Agreement is subject to 49 Code of Federal Regulations (hereinafter referred
3 to as "49 CFR"), Part 26 Participation by Disadvantaged Business Enterprises in
4 Department of Transportation Financial Assistance Programs, Disadvantaged Business
5 Enterprise programs established by other federal agencies and/or the COUNTY'S
6 Disadvantaged Business Enterprise Program (all of which are hereinafter referred to as
7 "DBE PROGRAM(S)"),
8 B. The CONSULTANT is responsible for being fully informed regarding the
9 requirements of 49 CFR, Part 26 and the CALTRANS Disadvantaged Business Enterprise
10 program developed pursuant to the regulations, as detailed in Appendix J, attached hereto
11 and incorporated herein.
12 C. The CONSULTANT, subrecipient (the COUNTY), or subconsultant shall take
13 necessary and reasonable steps to ensure that DBEs have opportunities to participate in
14 the contract (49 CFR Part 26). To ensure equal participation of DBEs as provided in 49
15 CFR Section 26.5, the COUNTY specifies a contract goal for DBEs. The CONSULTANT
16 shall make work available to DBEs and allocate portions of the work consistent with
17 available DBE subconsultants and suppliers.
18 The CONSULTANT shall meet the DBE goal shown elsewhere in these special
19 provisions or demonstrate its having made adequate good faith efforts to meet this goal. It
20 is the CONSULTANT's responsibility to verify that the DBE firm is certified as DBE at date
21 of proposal opening and document the record by printing out the California Unified
22 Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP
23 can be found at .https://dot.ca.gov/programs/civil-rights/dbe-search
24 All DBE participation will count toward the California Department of Transportation's
25 federally mandated statewide overall DBE goal. Credit for materials or supplies
26 CONSULTANT purchases from DBEs counts towards the goal in the following manner:
27 • 100 percent counts if the materials or supplies are obtained from a DBE
28 manufacturer.
42
1 • 60 percent counts if the materials or supplies are purchased from a DBE
2 regular dealer.
3 • Only fees, commissions, and charges for assistance in the procurement
4 and delivery of materials or supplies count if obtained from a DBE that is neither a
5 manufacturer nor regular dealer. 49 CFR Section 26.55 defines "manufacturer" and
6 "regular dealer."
7 This Agreement is subject to 49 CFR Part 26 entitled "Participation by
8 Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
9 Programs". Any CONSULTANT who enters into a federally funded agreement will assist
10 the COUNTY in a good faith effort to achieve California's statewide overall DBE goal.
11 D. The goal for DBE participation for this AGREEMENT is 13.0%. Participation by a
12 DBE CONSULTANT or subconsultants shall be in accordance with information contained in
13 Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as
14 part of the AGREEMENT as Appendix K. If a DBE subconsultant is unable to perform, the
15 CONSULTANT must make a good faith effort to replace them with another DBE
16 subconsultant, if the goal is not otherwise met.
17 E. The CONSULTANT can meet the DBE participation goal by either documenting
18 commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith
19 efforts to meet the Agreement goal. An adequate good faith effort means that the
20 CONSULTANT must show that it took all necessary and reasonable steps to achieve a
21 DBE goal that, by their scope, intensity, and appropriateness to the objective, could
22 reasonably be expected to meet the DBE goal. If the CONSULTANT has not met the DBE
23 goal, the CONSULTANT must then complete and submit Exhibit 15-H: DBE Information —
24 Good Faith Efforts to document its efforts to meet the goal. Refer to 49 CFR Part 26 for
25 guidance regarding evaluation of good faith efforts to meet the DBE goal.
26 F. Contract Assurance
27 Under 49 CFR Section 26.13(b):
28 The CONSULTANT, subrecipient or subconsultant shall not discriminate on the
43
1 basis of race, color, national origin, or sex in the performance of this contract. The
2 CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and
3 administration of federal-aid contracts.
4 Failure by the CONSULTANT to carry out these requirements is a material breach of
5 this contract, which may result in the termination of this contract or such other remedy as
6 the recipient deems appropriate, which may include, but is not limited to:
7 (1) Withholding monthly progress payments;
8 (2) Assessing sanctions;
9 (3) Liquidated damages; and/or
10 (4) Disqualifying CONSULTANT from future proposing as non-responsible
11 G. Termination and Substitution of DBE Subconsultants
12 The CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the
13 materials for which each is listed unless the CONSULTANT or DBE subconsultant obtains
14 the COUNTY's written consent. The CONSULTANT shall not terminate or substitute a
15 listed DBE for convenience and perform the work with their own forces or obtain materials
16 from other sources without authorization from the COUNTY. Unless the COUNTY's
17 consent is provided, the CONSULTANT shall not be entitled to any payment for work or
18 material unless it is performed or supplied by the listed DBE on the Exhibit 10-02
19 Consultant Contract DBE Commitment form, included in the Bid.
20 The COUNTY authorizes a request to use other forces or sources of materials if the
21 CONSULTANT shows any of the following justifications:
22 1. Listed DBE fails or refuses to execute a written contract based on plans
23 and specifications for the project.
24 2. The COUNTY stipulated that a bond is a condition of executing the
25 subcontract and the listed DBE fails to meet the COUNTY's bond requirements.
26 3. Work requires a consultant's license and listed DBE does not have a valid
27 license under Contractors License Law.
28 4. Listed DBE fails or refuses to perform the work or furnish the listed
44
1 materials (failing or refusing to perform is not an allowable reason to remove a DBE if the
2 failure or refusal is a result of bad faith or discrimination).
3 5. Listed DBE's work is unsatisfactory and not in compliance with the
4 contract.
5 6. Listed DBE is ineligible to work on the project because of suspension or
6 debarment.
7 7. Listed DBE becomes bankrupt or insolvent.
8 8. Listed DBE voluntarily withdraws with written notice from the Contract
9 9. Listed DBE is ineligible to receive credit for the type of work required.
10 10. Listed DBE owner dies or becomes disabled resulting in the inability to
11 perform the work on the Contract.
12 11. The COUNTY determines other documented good cause.
13 The CONSULTANT shall notify the original DBE of the intent to use other forces or
14 material sources and provide the reasons and provide the DBE with 5 days to respond to
15 the notice and advise the CONSULTANT and the COUNTY of the reasons why the use of
16 other forces or sources of materials should not occur.
17 The CONSULTANT's request to use other forces or material sources must include:
18 1. One or more of the reasons listed in the preceding paragraph.
19 2. Notices from the CONSULTANT to the DBE regarding the request.
20 3. Notices from the DBEs to the CONSULTANT regarding the request.
21 If a listed DBE is terminated or substituted, the CONSULTANT must make good faith
22 efforts to find another DBE to substitute for the original DBE. The substitute DBE must
23 perform at least the same amount of work as the original DBE under the contract to the
24 extent needed to meet or exceed the DBE goal.
25 H. Commitment and Utilization
26 The COUNTY's DBE program must include a monitoring and enforcement mechanism to
27 ensure that DBE commitments reconcile to DBE utilization.
28 The COUNTY shall request the CONSULTANT to:
45
1 1. Notify the COUNTY's contract administrator or designated representative of
2 any changes to its anticipated DBE participation
3 2. Provide this notification before starting the affected work
4 3. Maintain records including:
5 • Name and business address of each 1 st-tier subconsultant
6 • Name and business address of each DBE subconsultant, DBE vendor,
7 and DBE trucking company, regardless of tier
8 • Date of payment and total amount paid to each business (see Exhibit 9-F
9 Monthly Disadvantaged Business Enterprise Payment)
10 If the CONSULTANT is a DBE CONSULTANT, it shall include the date(s) of work
11 performed by its own forces and the corresponding value of all such work. If a DBE is
12 decertified before completing its work, the DBE must notify CONSULTANT in writing of the
13 decertification date. If a business becomes a certified DBE before completing its work, the
14 business must notify the CONSULTANT in writing of the certification date. The
15 CONSULTANT shall submit the notifications to the COUNTY. On work completion, the
16 CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification
17 Status Change, Exhibit 17-0, form and submit the form to the COUNTY within 30 days of
18 contract acceptance.
19 Upon work completion, the CONSULTANT shall complete Exhibit 17-F Final Report —
20 Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and
21 submit it to the COUNTY within 90 days of contract acceptance. The COUNTY will withhold
22 $10,000 until the form is submitted. The COUNTY will release the withhold upon
23 submission of the completed form. In the COUNTY's reports of DBE participation to
24 Caltrans, the COUNTY must display both commitments and attainments.
25 I. Eligibility
26 A DBE is only eligible to be counted toward the Agreement goal if it performs a
27 commercially useful function (CUF) on the Agreement. CUF must be evaluated on an
28 agreement-by-agreement basis. A DBE performs a Commercially Useful Function (CUF)
46
1 when it is responsible for execution of the work of the Agreement and is carrying out its
2 responsibilities by actually performing, managing, and supervising the work involved. To
3 perform a CUF, the DBE must also be responsible, with respect to materials and supplies
4 used on the Agreement, for negotiating price, determining quality and quantity, ordering the
5 material and installing (where applicable), and paying for the material itself. To determine
6 whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry
7 practices, whether the amount the firm is to be paid under the Agreement is commensurate
8 with the work it is actually performing, and other relevant factors.
9 J. A DBE does not perform a CUF if its role is limited to that of an extra participant
10 in a transaction, Agreement, or project through which funds are passed in order to obtain
11 the appearance of DBE participation. In determining whether a DBE is such an extra
12 participant, examine similar transactions, particularly those in which DBEs do not
13 participate.
14 K. If a DBE does not perform or exercise responsibility for at least thirty percent
15 (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a
16 greater portion of the work of the Agreement than would be expected on the basis of
17 normal industry practice for the type of work involved, it will be presumed that it is not
18 performing a CUF.
19 L. The CONSULTANT shall maintain records of materials purchased or supplied
20 from all subcontracts entered into with certified DBEs. The records shall show the name
21 and business address of each DBE or vendor and the total dollar amount actually paid
22 each DBE or vendor, regardless of tier. The records shall show the date of payment and
23 the total dollar figure paid to all firms. DBE CONSULTANTs shall also show the date of
24 work performed by their own forces along with the corresponding dollar value of the work.
25 M. If a DBE subconsultant is decertified during the life of the Agreement, the
26 decertified subconsultant shall notify CONSULTANT in writing with the date of
27 decertification. If a subconsultant becomes a certified DBE during the life of the Agreement,
28 the subconsultant shall notify the CONSULTANT in writing with the date of certification. Any
47
1 changes should be reported to COUNTY's Contract Administrator within thirty (30) calendar
2 days.
3 N. After submitting an invoice for reimbursement that includes a payment to a DBE,
4 but no later than the 10th of the following month, the CONSULTANT shall complete and
5 email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to
6 business.support.unit@dot.ca.gov with a copy to the Agency.
7 O. Any subcontract entered into as a result of this Agreement shall contain all of the
8 provisions of this Article 24.
9 25. COST PRINCIPLES
10 A. The CONSULTANT agrees that the 48 CFR Part 31 Contract Cost Principles and
11 Procedures shall be used to determine the allowability of cost.
12 B. The CONSULTANT also agrees to comply with federal procedures in accordance
13 with Title 49 CFR, Part 18 Uniform Administrative Requirements, Cost Principles, and Audit
14 Requirements for Federal Awards.
15 C. Any costs for which payment has been made to the CONSULTANT that are
16 determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part
17 200 are subject to repayment by the CONSULTANT to the COUNTY.
18 D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an
19 Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform
20 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
21 shall apply.
22 26. AUDIT REVIEW PROCEDURES
23 A. Any dispute concerning a question of fact arising under an interim or post audit of
24 this Agreement that is not disposed of by agreement between the parties, shall be reviewed
25 by the COUNTY's Auditor/Controller/Treasurer/Tax-Collector.
26 B. Not later than 30 days after issuance of the final audit report, the CONSULTANT
27 may request a review by the COUNTY's Auditor/Controller/Treasurer/Tax-Collector of
28 unresolved audit issues. The request for review will be submitted in writing.
48
1 C. Neither the pendency of a dispute nor its consideration by the COUNTY will
2 excuse the CONSULTANT from full and timely performance, in accordance with the terms
3 of this Agreement.
4 D. The CONSULTANT and subconsultants' contracts, including cost proposals and
5 indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a
6 Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA)
7 ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal
8 and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48
9 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit
10 Workpaper Review it is the CONSULTANT's responsibility to ensure federal, state, or local
11 government officials are allowed full access to the CPA's workpapers, including making
12 such copies as the auditor deems necessary. This Agreement, the CONSULTANT'S Cost
13 Proposal (Appendix E), and ICR shall be adjusted by the CONSULTANT and approved by
14 the CONTRACT ADMINISTRATOR to conform to the audit or review recommendations.
15 The CONSULTANT agrees that individual terms of costs identified in the audit report shall
16 be incorporated into the contract by this reference if directed by the COUNTY at its sole
17 discretion. Refusal by the CONSULTANT to incorporate audit or review recommendations,
18 or to ensure that the Federal, State, or local governments have access to CPA workpapers,
19 will be considered a breach of contract terms and cause for termination of this Agreement
20 and disallowance of prior reimbursed costs.
21 E. The CONSULTANT's Cost Proposal (Appendix E) may be subject to a CPA ICR
22 Audit Work Paper Review and/or audit by the Independent Office of Audits and
23 Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the
24 CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and
25 approved by the COUNTY'S CONTRACT ADMINISTRATOR to conform to the Work Paper
26 Review recommendations included in the management letter or audit recommendations
27 included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper
28 Review recommendations included in the management letter or audit recommendations
49
1 included in the audit report will be considered a breach of the Agreement terms and cause
2 for termination of the Agreement and disallowance of prior reimbursed costs.
3 1. During IOAI's review of the ICR audit work papers created by the
4 CONSULTANT's independent CPA, IOAI will work with the CPA and/or the CONSULTANT
5 toward a resolution of issues that arise during the review. Each party agrees to use its best
6 efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues
7 during the review and is unable to issue a cognizant approval letter, the COUNTY will
8 reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition
9 Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing
10 Standards); CAS (Cost Accounting Standards), if applicable; in accordance with
11 procedures and guidelines of the American Association of State Highways and
12 Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and
13 guidelines} is received and approved by IOAI.
14 Accepted rates will be as follows:
15 a. If the proposed rate is less than one hundred fifty percent (150%) - the
16 accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
17 b. If the proposed rate is between one hundred fifty percent (150%) and
18 two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of
19 the proposed rate.
20 C. If the proposed rate is greater than two hundred percent (200%) - the
21 accepted rate will be seventy-five percent (75%) of the proposed rate.
22 2. If IOAI is unable to issue a cognizant letter per Paragraph E.1. above, IOAI
23 may require the CONSULTANT to submit a revised independent CPA-audited ICR and
24 audit report within three (3) months of the effective date of the management letter. IOAI will
25 then have up to six (6) months to review the CONSULTANT's and/or the independent
26 CPA's revisions.
27 3. If the CONSULTANT fails to comply with the provisions of this Section E, or if
28 IOAI is still unable to issue a cognizant approval letter after the revised independent CPA
50
1 audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR
2 that was established upon initial rejection of the ICR and set forth in Paragraph E.1. above
3 for all rendered services. In this event, this accepted ICR will become the actual and final
4 ICR for reimbursement purposes under this Agreement.
5 4. The CONSULTANT may submit to the COUNTY final invoice only when all of
6 the following items have occurred: (1) IOAI accepts or adjusts the original or revised
7 independent CPA audited ICR; (2) all work under this Agreement has been completed to
8 the satisfaction of the COUNTY; and (3) IOAI has issued its final ICR review letter. The
9 CONSULTANT must submit its final invoice to the COUNTY no later than sixty (60)
10 calendar days after occurrence of the last of these items. The accepted ICR will apply to
11 this Agreement and all other agreements executed between the COUNTY and the
12 CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
13 27. EQUIPMENT PURCHASE
14 A. Prior authorization, in writing, by the CONTRACT ADMINISTRATOR shall be
15 required before the CONSULTANT enters into any unbudgeted purchase order, or
16 subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or
17 CONSULTANT services. The CONSULTANT shall provide an evaluation of the necessity
18 or desirability of incurring such costs.
19 B. Prior authorization by the CONTRACT ADMINISTRATOR shall be required for
20 purchase of any item, service or consulting work in excess of $5,000 that is not covered in
21 the CONSULTANT'S Cost Proposal; and the CONSULTANT'S request must be
22 accompanied by at least three competitive quotations, unless the absence of proposal is
23 adequately justified, to the satisfaction of the CONTRACT ADMINISTRATOR in his/her
24 discretion, by written explanation provided by the CONSULTANT with its submittal.
25 C. Any authorized purchase of equipment as a result of this Agreement is subject to
26 the following: "The CONSULTANT shall maintain an inventory of all nonexpendable
27 property. Nonexpendable property is defined as having a useful life of at least two years
28 and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement
51
1 and is sold or traded in, the COUNTY shall receive a proper refund or credit at the
2 conclusion of the contract, or if the contract is terminated, the CONSULTANT may either
3 keep the equipment and credit the COUNTY in an amount equal to its fair market value, or
4 sell such equipment at the best price obtainable at a public or private sale, in accordance
5 with established COUNTY procedures; and credit the COUNTY in an amount equal to the
6 sales price. If the CONSULTANT elects to keep the equipment, fair market value shall be
7 determined at the CONSULTANT'S expense, on the basis of a competent independent
8 appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually
9 agreeable to by the COUNTY and the CONSULTANT, if it is determined to sell the
10 equipment, the terms and conditions of such sale must be approved in advance by the
11 COUNTY." Title 49 CFR, Part 200 requires a credit to Federal funds when participating
12 equipment with a fair market value greater than $5,000.00 is credited to the PROJECT.
13 28. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
14 The CONSULTANT warrants that this Agreement was not obtained or secured
15 through rebates, kickbacks or other unlawful consideration, either promised or paid to any
16 COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the
17 right, in its discretion, to terminate this Agreement without liability; or to pay only for the
18 value of the work actually performed; or to deduct from this Agreement price or otherwise
19 recover the full amount of such rebate, kickback or other unlawful consideration.
20 29. PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS
21 FOR LOBBYING
22 A. The CONSULTANT certifies (Appendix L) to the best of his or her knowledge and
23 belief that:
24 1. No state, federal or COUNTY appropriated funds have been paid, or will be
25 paid by or on behalf of the CONSULTANT to any person for influencing or attempting to
26 influence an officer or employee of any state or federal agency; a Member of the State
27 Legislature or United States Congress; an officer or employee of the Legislature or
28 Congress; or any employee of a Member of the Legislature or Congress, in connection with
52
1 any of the following:
2 a. the awarding of any state or federal contract;
3 b. the making of any state or federal grant;
4 c. the making of any state or federal loan;
5 d. the entering into of any cooperative agreement, or
6 e. the extension, continuation, renewal, amendment, or modification of
7 any state or federal contract, grant, loan, or cooperative agreement.
8 2. If any funds other than federally appropriated funds have been paid, or will be
9 paid to any person for influencing or attempting to influence an officer or employee of any
10 federal agency; a Member of Congress; an officer or employee of Congress, or an
11 employee of a Member of Congress; in connection with this federal contract, grant, loan, or
12 cooperative agreement, then the CONSULTANT shall complete and submit Standard
13 Form-LLL, "Disclosure Form to Report Lobbying" (Appendix L), in accordance with its
14 instructions.
15 B. The certification required by the provisions of this Article is a material
16 representation of fact upon which reliance was placed when this transaction was made or
17 entered into. Submission of this certification is a prerequisite for making or entering into this
18 transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file the
19 required certification shall be subject to a civil penalty of not less than $10,000 and not
20 more than $100,000 for each such failure.
21 C. The CONSULTANT also agrees by signing this document that he or she shall
22 require that the language of this certification be included in all lower-tier subcontracts,
23 which exceed $100,000, and that all such sub-recipients shall certify and disclose
24 accordingly.
25 30. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE
26 A. The CONSULTANT'S signature affixed herein, and dated, shall constitute a
27 certification under penalty of perjury under the laws of the State of California that the
28 CONSULTANT has, unless exempt, complied with, the nondiscrimination program
53
1 requirements of Government Code §12990 and 2 CCR § 8103.
2 B. During the performance of this Agreement, the CONSULTANT and its
3 subconsultants shall not deny this Agreement's benefits to any person on the basis of race,
4 religious creed, color, national origin, ancestry, physical disability, mental disability, medical
5 condition, genetic information, marital status, sex, gender, gender identity, gender
6 expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully
7 discriminate, harass, or allow harassment against any employee or applicant for
8 employment because of race, religious creed, color, national origin, ancestry, physical
9 disability, mental disability, medical condition, genetic information, marital status, sex,
10 gender, gender identity, gender expression, age, sexual orientation, or military and veteran
11 status. The CONSULTANT and subconsultants shall ensure that the evaluation and
12 treatment of their employees and applicants for employment are free from such
13 discrimination and harassment.
14 C. The CONSULTANT and subconsultants shall comply with the provisions of the
15 Fair Employment and Housing Act (Gov. Code §12990 et seq.) and the applicable
16 regulations promulgated thereunder (2 CCR §11000 et seq.), the provisions of Government
17 Code §§11135 et seq., and the regulations or standards adopted by the COUNTY to
18 implement such provisions. The applicable regulations of the Fair Employment and
19 Housing Commission implementing Government Code Section 12990 (a-f), set forth in
20 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
21 into this Agreement by reference and made a part hereof as if set forth in full.
22 D. CONSULTANT shall permit access by representatives of the Department of Fair
23 Employment and Housing and the COUNTY upon reasonable notice at any time during the
24 normal business hours, but in no case less than twenty-four (24) hours' notice, to such of
25 its books, records, accounts, and all other sources of information and its facilities as said
26 Department or the COUNTY shall require in order to ascertain compliance with the
27 requirements of this Article 30.
28 E. The CONSULTANT and subconsultants shall give written notice of their
54
1 obligations under this Article 30 to labor organizations with which they have a collective
2 bargaining or other agreement.
3 F. The CONSULTANT and subconsultants shall include the nondiscrimination and
4 compliance provisions of this Article 30 in all subcontracts to perform work under this
5 Agreement.
6 G. The CONSULTANT, with regard to the work performed under this Agreement,
7 shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et
8 seq.). Title VI provides that the recipients of federal assistance will implement and maintain
9 a policy of nondiscrimination in which no person in the United States shall, on the basis of
10 race, color, national origin, religion, sex, age, disability, be excluded from participation in,
11 denied the benefits of or subject to discrimination under any program or activity by the
12 recipients of federal assistance or their assignees and successors in interest.
13 H. The CONSULTANT shall comply with regulations relative to non-discrimination in
14 federally assisted programs of the U.S. Department of Transportation (49 CFR Part 21 -
15 Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall
16 not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5,
17 including employment practices and the selection and retention of Subconsultants.
18 I. The CONSULTANT, subrecipient or subconsultant will never exclude any person
19 from participation in, deny any person the benefits of, or otherwise discriminate against
20 anyone in connection with the award and performance of any contract covered by 49 CFR
21 26 on the basis of race, color, sex, or national origin. In administering the COUNTY
22 components of the DBE Program Plan, the CONSULTANT, subrecipient or subconsultant
23 will not, directly, or through contractual or other arrangements, use criteria or methods of
24 administration that have the effect of defeating or substantially impairing accomplishment of
25 the objectives of the DBE Program Plan with respect to individuals of a particular race,
26 color, sex, or national origin.
27 31. DEBARMENT AND SUSPENSION CERTIFICATION
28 A. The CONSULTANT'S signature affixed herein, shall constitute a certification
55
1 under penalty of perjury under the laws of the State of California, that the CONSULTANT
2 has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and
3 Suspension Certificate, which certifies that the CONSULTANT or any person associated
4 therewith in the capacity of owner, partner, director, officer, or manager:
5 1. Is not currently under suspension, debarment, voluntary exclusion, or
6 determination of ineligibility by any federal agency;
7 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible
8 by any federal agency within the past three (3) years;
9 3. Does not have a proposed debarment pending; and
10 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a
11 court of competent jurisdiction in any matter involving fraud or official misconduct
12 within the past three (3) years.
13 B. Any exceptions to this certification must be disclosed to the COUNTY on
14 Appendix M. Exceptions will not necessarily result in denial of recommendation for award
15 but will be considered in determining CONSULTANT responsibility. Disclosures must
16 indicate to whom exceptions apply, initiating agency, and dates of action.
17 C. Exceptions to the Federal Government Excluded Parties Listing System
18 maintained by the General Services Administration are to be determined by the Federal
19 Highway Administration.
20 32. FUNDING REQUIREMENTS
21 A. It is mutually understood between the parties that this Agreement may have been
22 written before ascertaining the availability of funds or appropriation of funds, for the mutual
23 benefit of both parties, in order to avoid program and fiscal delays that would occur if this
24 Agreement were executed after that determination was made.
25 B. This Agreement is subject to any additional restrictions, limitations, conditions, or
26 any legislation enacted by the Congress, State Legislature or the COUNTY'S Board of
27 Supervisors that may affect the provisions, terms, or funding of this Agreement in any
28 manner.
56
1 C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement
2 may be amended to reflect any reduction in funds.
3 D. The COUNTY has the option to void this Agreement under the 30-day
4 cancellation clause, or to amend this Agreement by mutually acceptable modification of its
5 provisions to reflect any reduction of funds.
6 33. CONTINGENT FEES
7 The CONSULTANT warrants, by execution of this Agreement that no person or
8 selling agency has been employed, or retained, to solicit or secure this Agreement upon an
9 agreement or understanding, for a commission, percentage, brokerage, or contingent fee,
10 excepting bona fide employees, or bona fide established commercial or selling agencies
11 maintained by the CONSULTANT for the purpose of securing business. For breach or
12 violation of this warranty, the COUNTY has the right to: annul this Agreement without
13 liability, and to pay only for the value of the work actually performed; or in its discretion to
14 deduct from the Agreement price or consideration, or otherwise recover, the full amount of
15 such commission, percentage, brokerage, or contingent fee.
16 34. INSPECTION OF WORK
17 The CONSULTANT and any subcontractor shall permit the COUNTY, the state, and
18 the FHWA to review and inspect the PROJECT activities and files at all reasonable times
19 during the performance period of this Agreement including review and inspection on a daily
20 basis.
21 35. SAFETY
22 A. The CONSULTANT shall comply with OSHA regulations applicable to
23 CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT
24 shall comply with safety instructions issued by the COUNTY Safety Officer and other
25 COUNTY representatives. The CONSULTANT'S personnel shall wear hard hats and safety
26 vests at all times while working on the construction project site.
27 B. Pursuant to the authority contained in Vehicle Code §591, the COUNTY has
28 determined that such areas are within the limits of the project and are open to public traffic.
57
1 The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12,
2 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably
3 necessary precautions for safe operation of its vehicles and the protection of the traveling
4 public from injury and damage from such vehicles.
5 C. The CONSULTANT must have a Division of Occupational Safety and Health
6 (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of
7 any practices, work, method, operation, or process related to the construction or excavation
8 of trenches which are five (5) feet or deeper.
9 36. CLAIMS FILED BY THE COUNTY'S CONSTRUCTION CONTRACTOR
10 A. If claims are filed by the COUNTY's construction contractor relating to work
11 performed by the CONSULTANT'S personnel, and additional information or assistance
12 from the CONSULTANT'S personnel is required in order to evaluate or defend against such
13 claims, then the CONSULTANT hereby agrees in such event to make its personnel
14 available for consultation with the COUNTY's construction contract administration and legal
15 staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
16 B. The CONSULTANT's personnel that the COUNTY considers essential to assist
17 in defending against construction contractor claims will be made available on reasonable
18 notice from the COUNTY. Consultation or testimony will be reimbursed at the same rates,
19 including travel costs that are being paid for the CONSULTANT's personnel services under
20 this Agreement.
21 C. Services of the CONSULTANT's personnel in connection with the COUNTY's
22 construction contractor claims will be performed pursuant to a written contract amendment,
23 if necessary, extending the termination date of this Agreement in order to resolve the
24 construction claims.
25 37. CONFIDENTIALITY OF DATA
26 A. All financial, statistical, personal, technical, or other data and information relative
27 to the COUNTY'S operations, which are designated confidential by the COUNTY and made
28 available to the CONSULTANT in order to carry out this Agreement, shall be protected by
58
1 the CONSULTANT from unauthorized use and disclosure.
2 B. Permission to disclose information on one occasion, or public hearing held by the
3 COUNTY relating to the contract, shall not authorize the CONSULTANT to further disclose
4 such information, or disseminate the same on any other occasion.
5 C. The CONSULTANT shall not comment publicly to the press or any other media
6 regarding this Agreement or the COUNTY's actions on the same, except to the COUNTY's
7 staff, the CONSULTANT'S own personnel involved in the performance of this Agreement,
8 at public hearings or in response to questions from a Legislative committee.
9 D. The CONSULTANT shall not issue any news release or public relations item of
10 any nature, whatsoever, regarding work performed or to be performed under this
11 Agreement without prior review of the contents thereof by the COUNTY, and receipt of the
12 COUNTY'S written permission.
13 E. All information related to the construction estimate is confidential and shall not be
14 disclosed by the CONSULTANT to any entity other than the COUNTY, Caltrans, and/or
15 FHWA. All of the materials prepared or assembled by the CONSULTANT pursuant to
16 performance of this Contract are confidential and the CONSULTANT agrees that they shall
17 not be made available to any individual or organization without the prior written approval of
18 the COUNTY or except by court order. If the CONSULTANT or any of its officers,
19 employees, or subcontractors does voluntarily provide information in violation of this
20 Contract, the COUNTY has the right to reimbursement and indemnity from the
21 CONSULTANT for any damages caused by the CONSULTANT'S releasing the information,
22 including, but not limited to, the COUNTY's attorney's fees and disbursements, including
23 without limitation experts' fees and disbursements.
24 38. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
25 In accordance with Public Contract Code Section 10296, the CONSULTANT hereby
26 states under penalty of perjury that no more than one final unappealable finding of
27 contempt of court by a federal court has been issued against the CONSULTANT within the
28 immediately preceding two-year period, because of the CONSULTANT'S failure to comply
59
1 with an order of a federal court that orders the CONSULTANT to comply with an order of
2 the National Labor Relations Board.
3 39. EVALUATION OF THE CONSULTANT
4 The CONSULTANT'S performance will be evaluated by the COUNTY. A copy of the
5 evaluation will be sent to the CONSULTANT for comments. The evaluation together with
6 the comments shall be retained as part of the contract record.
7 40. ENTIRE AGREEMENT
8 This Agreement constitutes the entire agreement between the CONSULTANT and
9 COUNTY with respect to the subject matter hereof and supersedes all previous
10 negotiations, proposals, commitments, writings, advertisements, publications, and
11 understandings of any nature whatsoever unless expressly included in this Agreement. In
12 the event of any inconsistency in interpreting the documents which constitute this
13 Agreement, the inconsistency shall be resolved by giving precedence in the following order
14 of priority: (1) the text of this Agreement (2) the COUNTY'S Request for Qualification "On-
15 Call A&E, Staff Augmentation and Related Services"; and (3) the CONSULTANT's
16 Statement of Qualification made in response to COUNTY'S Request for Qualification. In
17 consideration of promises, covenants and conditions contained in this Agreement, the
18 CONSULTANT and the COUNTY, and each of them, do hereby agree to diligently perform
19 in accordance with the terms and conditions of this Agreement, as evidenced by the
20 signatures below.
21
22
23
24
25
26
27
28
60
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
6 Steve White Date:
2 signed by Steve White
Date: 022.09.21 09:32:53
-07'
(Authorized Signature) Steven White, Director
7 Stephen P. Plauson Department of Public Works and
8 Senior Principal Engineer Planning
Print Name & Title
9
10 Mailing Address
11 Kleinfelder, Inc.
3649 W. Holland Ave., Suite 105
12 Fresno CA 93722 APPROVED AS TO LEGAL FORM
Office: 559-486-0750 Daniel C. Cederborg, C-unty Counsel
13
14
15 By: a---
16
APPROVED AS TO ACCOUNTING
17 FORM
Oscar J. Garcia, CPA,
18 Auditor-Controller/Treasurer-
19 Tax Collector
a
20 By: Oscar Garcia ep Q,202208:34 PDT)
21
22
23 FOR ACCOUNTING USE ONLY:
24 Fund: 0001 /0010 / 0400 / 0700 / 0701 / 0710 / 0720 / 0801
25 Subclass: 10000 / 11000 / 15000 / 15001 / 16900
26 Org: 4360/4365 /45104511 /45104512 /45104513 /45104514 / 7205/ 7910/8852 / 885
/ 8861 / 8863 / 8865 / 8867 / 9015 / 9020 / 9026 / 9028 / 9140
27
28 Account: 7295
61
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: Kleinfelder
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 X X X
Grant Writing
Hydraulic Engineering
Industrial Hygiene, Hazardous Material,
Lead and Asbestos Compliance
Land Use / Planning
Landscaping Architecture
Materials Testing X X X
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
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.
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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
Geotechnical Engineering............................................................................................4
MaterialsTesting .........................................................................................................4
On-Call Services ............................................................................................................. 5
TechnicalReports........................................................................................................ 5
Preparation of Various Reports and Studies................................................................ 5
Construction Observation ............................................................................................ 6
Staff Augmentation On-Call Services.............................................................................. 9
All Staff Augmentation Services .................................................................................. 9
EngineeringSupport.................................................................................................. 11
MaterialsTesting ....................................................................................................... 11
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Descriptions of Work by Discipline
Geotechnical Engineering
1. Provide geotechnical analysis services, including conducting soil sampling and
classification, and soil permeability analysis
2. Provide slope stability analysis
3. Provide analysis for bridge footing and pier foundation design
4. Provide scour analysis and design scour mitigation projects
5. Provide tank foundation design
6. Provide Phase I and Phase II Environmental Assessment Reports as
needed/recommended
7. Provide recommendations for footing, slab, pavement design based on geotech
findings
Materials Testing
Provide materials testing services, such as, but not limited to soil, pavement, water,
steel
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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 11
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.
Construction Observation
Applies to the following disciplines:
Architectural Design and Drafting Building Commissioning
Certified Access Specialist (CASP) Civil Engineering
Certification
Construction Management Construction Quality Assurance
Cost Estimating Electrical Engineering
Geotechnical Engineering Hydraulics
Industrial Hygiene Land Use / Planning
Landscape Architecture Plumbing and Mechanical Engineering
Solid Waste Landfill Structural Engineering
Traffic Engineering Water Resources
General Description of Work
1. Attend the pre-construction conference scheduled by the Department; and
2. Provide services during construction including, but not limited to:
a. Make recommendations to the Department on all claims of the
Department or construction contractor and all other matters relating to the execution
and progress of work, including interpretation of the Agreement documents
b. Review and make recommendations for samples, schedules, shop
drawings and other submissions for general conformance with the design concept of the
project and for general compliance with the plans and specifications and information
given by the consultant's contract documents
c. Respond timely to requests from the Department and contractor for
information needed from consultant in order to clarify construction plans and
specification to review the contractor's estimates for all other charges
d. Recommend and prepare necessary change orders and associated
engineer's estimate
e. Assist the Department, at the Department's express, written authorization,
with any claim resolution process involving the Department's construction contractor
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
and the Department, including serving as a witness in connection with any legal
proceedings or dispute resolution processes required by law
Requirements of Specified Services When Requested
The CONSULTANT shall:
1. When requested by the PROJECT ADMINISTRATOR, attend meetings
with the COUNTY, and/or any federal, state and/or local representatives. The
CONSULTANT shall prepare brief minutes of all meetings attended and promptly
submit those minutes to the PROJECT ADMINISTRATOR within seven (7) calendar
days.
2. Make recommendations to the COUNTY on all claims of the COUNTY or
the construction contractor and all other matters relating to the execution and progress
of work, including interpretation of the contract documents for the PROJECT.
3. Within seven (7) calendar days of the COUNTY'S request, review and
make recommendations for samples, schedules, shop drawings, and other submissions
for general conformance with the design concept of the PROJECT(S) and for general
compliance with the plans and specifications and information provided by the contract
documents for the PROJECT.
4. Within two (2) working days, respond to requests from the PROJECT
ADMINISTRATOR for information needed from the CONSULTANT in order to clarify
construction plans and specifications and to review the construction contractor's cost
estimates for all change orders.
5. Recommend and assist in the preparation of such change orders as
deemed necessary with supporting documentation, calculations and estimate, for review
and issuance of change orders by the COUNTY Construction Engineer to obtain
appropriate agency acceptance and approval.
6. At intervals appropriate to the stage of construction, or as otherwise
deemed necessary by the CONSULTANT, visit the site of the PROJECT(S) as
necessary to become familiar generally with the progress and quality of the work and to
determine whether the work is proceeding in general accordance with the contract
documents. The CONSULTANT shall not be required to make exhaustive or continuous
onsite inspections but shall give direction to the Construction Inspector as hereinafter
more specifically provided. The CONSULTANT shall not be responsible for the
construction contractor's failure to carry out the construction work in accordance with
the contract documents. However, the CONSULTANT shall immediately advise the
PROJECT ADMINISTRATOR of any known or observed deviation from the contract
documents.
7. Not have control over or charge of, and shall not be responsible for
construction means, methods, techniques, sequence, or procedure, or for the safety
7of11
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
precautions, programs, or equipment in use in connection with the work, since these are
solely the construction contractor's responsibility under the contract for construction.
8. Submit progress reports on each specific PROJECT in accordance with
the task order. These reports shall be submitted at least once a month. The report shall
be sufficiently detailed for PROJECT ADMINISTRATOR to determine if the
CONSULTANT is performing to expectations or is on schedule, to provide
communication of interim findings, and so sufficiently address any difficulties or special
problems encountered so remedies can be developed.
9. Advise the PROJECT ADMINISTRATOR of defects and deficiencies
observed in the work of the construction contractor and may recommend that the
DIRECTOR reject work as failing to conform to the contract documents.
10. Conduct site visits and field observations to facilitate recommendations by
the CONSULTANT regarding:
a. dates of substantial completion
b. dates of final completion
c. the DIRECTOR'S acceptance of the work
d. the DIRECTOR'S filing of the Notice of Completion and Issuance of Final
Certificate for payment
e. other issues which may require site visits
11. Control of Construction Project Site
The COUNTY agrees that in accordance with generally accepted practices, the
COUNTY'S construction contractor will be required to assume sole and complete
responsibility for job site conditions during the course of construction projects; including
safety of all persons and property, and that this requirement shall be made to apply
continuously during projects and not be limited to normal working hours. The
CONSULTANT shall not have control over or charge of, and shall not be responsible
for, project means, methods, techniques, sequences or procedures, as these are solely
the responsibility of the construction contractor. The CONSULTANT shall not have the
authority to stop or reject the work of the construction contractor.
8 of 11
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Staff Augmentation On-Call Services
All Staff Augmentation Services
Applies to all disciplines
Requirements of Specified Services
The Department's Project Administrator may interview the Consultant's personnel to
confirm the requisite qualifications and experience for the Project or Task Order services.
The decision of the Department's Project Administrator to select the Consultant's
personnel shall be binding upon the Consultant and its Subconsultants. The Consultant
shall provide adequate qualified personnel to be interviewed by the Department's Project
Administrator within one (1) week of receiving the request.
The Department's Project Administrator shall evaluate the adequacy (quality and
quantity) of the work performed by the Consultant's personnel and determine whether the
deliverables satisfy the acceptance tests and criteria. Any Consultant personnel may be
rejected if it is determined that they lack the minimum qualifications. If at any time the
level of performance is below expectations, the Department's Project Administrator may
direct the Consultant to immediately remove Consultant personnel from the project
specified in a Task Order and request that another qualified person be assigned as
needed. The substitute personnel shall meet the qualifications required by this Agreement
for performance of the work as demonstrated by a resume and copies of current
certifications submitted by the Consultant. Substitute personnel shall receive prior written
approval from Department's Project Administrator. Invoices with charges for personnel
not pre-approved by the Department's Project Administrator for work on the Agreement
and for each Task Order shall not be reimbursed.
The Consultant shall not remove or replace any existing personnel assigned to Task
Orders without the prior written consent of the Department's Project Administrator. The
removal or replacement of personnel without the written approval from the Department's
Project Administrator shall be violation of the Agreement and may result in termination of
the Agreement.
When assigned consultant personnel is on approved leave and required by the
Department's Project Administrator, the Consultant Project Manager shall provide a
substitute employee until the assigned employee returns to work from the approved leave.
The substitute personnel shall have the same job classification, as set forth herein or in
the Consultant's Cost Proposal, not exceed the billing rate and meet or exceed the
qualifications and experience level of the previously assigned personnel, at no additional
cost to the Department. Substitute personnel shall receive prior written approval from the
Department's Contract Administrator to work on this Agreement.
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
The Consultant is responsible to provide fully trained personnel to efficiently perform the
work. The Consultant's personnel may be asked to attend certain special training if
recommended by the Department's Project Administrator. On such occasions, with the
approval of the Department's Project Administrator, the Department shall compensate the
Consultant for the Consultant's actual cost for time spent in training only. All other costs,
fees, and expenses associated with the training, including any transportation costs and
training fees, shall be the Consultant's responsibility. In addition, services to train the
Department's personnel shall not be provided by the Consultant under this Agreement.
In location(s) where the Consultant personnel is expected to work for extended period(s)
of time, the Consultant shall either relocate the personnel or make every effort to hire
local persons.
In addition to other specified responsibilities, the Consultant Contract Manager shall be
responsible for all matters related to the Consultant's personnel, Subconsultants, and
Consultant's and Sub-Consultants' operations including, but not limited to, the following:
1. Ensuring that deliverables are clearly defined, and that criteria are specific,
measurable, attainable, realistic and time-bound; and that the deliverables
satisfy the criteria.
2. Supervising, reviewing, monitoring, training, and directing the Consultant's and
Subconsultants' personnel.
3. Managing Subconsultants.
4. Assigning qualified personnel to complete the required Task Order work as
specified on an "as-needed" basis in coordination with the Department's
Contract Administrator.
5. Administering personnel actions for Consultant personnel and ensuring
appropriate actions taken for Subconsultant personnel.
6. Maintaining and submitting organized project files for record tracking and
auditing.
7. Developing, organizing, facilitating, and attending scheduled coordination
meetings, and preparation and distribution of meeting minutes.
8. Implementing and maintaining quality control procedures to manage conflicts,
ensure product accuracy, and identify critical reviews and milestones.
9. Assuring that all applicable safety measures are in place.
10. Providing invoices in a timely manner and providing monthly Agreement
expenditures.
11. Reviewing invoices for accuracy and completion before billing to the
Department.
12. Managing overall budget for Agreement and provide report to the Department's
Contract Administrator.
13. Ensuring compliance with the provisions in this Agreement and all specific
Task Order requirements.
14. Monitor the health and safety of personnel working in a hazardous environment
in accordance with all applicable Federal, State, and Local regulations.
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
15. Knowledge, experience, and familiarity with prevailing wage issues and
requirements in State of California, if applicable.
Engineering Support
Applies to all disciplines
Description of Work
1. Provide technical data for the preparation of various funding paperwork
2. Provide technical data for the preparation of various permit applications
3. Provide technical data for the preparation of cooperative agreements
4. Provide technical data for the preparation of utility agreements
5. Prepare and stamp legal descriptions for the acquisition of right of way
6. Conduct meetings with property owners regarding projects
7. Review of existing designs for compliance with development plans
8. Provide presentation materials for the Board of Supervisors to be
presented by COUNTY staff
9. Prepare various tables, maps, charts and diagrams
10. Provide technical support for request for proposal processes
11. Serve as a plan checker and independent quantity checker
Materials Testing
Applies to the Materials Testing discipline:
Additional Requirements of Specified Services When Requested
1. Ensuring that deliverables are acceptance tested that the deliverables
satisfy the acceptance tests.
2. Provide knowledge, experience, and familiarity Quality Control and Quality
Assurance (QC/QA) for California Test Methods and laboratory.
3. Experience in the review of the test reports within a reasonable time frame
of the completion of the tests to avoid delay of the field construction operation.
11 of 11
Appendix C
STATEMENT OF QUALIFICATIONS TO PROVIDE ON-CALL ARCHITECTURAL&ENGINEERING CONSULTANT SERVICES
VARIOUS PUBLIC WORKS PROJECTS
d. Current Staff and Job Classifications
Kleinfelder's proposed team for this contract consists of the following engineers, geologists, materials testers, and inspectors.
Key personnel are highlighted in bold text.
.► Classification
Stephen Plauson, PE,GE Principal-in-Charge Principal Professional
David Pearson, PE,GE Independent Technical Review Senior Principal Professional
Nathan Dahlen, PE Independent Technical Review Principal Professional
Exequiel Sinco, PE Project Manager,Geotechnical Engineering Senior Professional
James Helge,CEM Phase I and II ESA Lead Project Manager III
Robert Hill Project Manager II,Materials Testing Project Manager I
Josh Fournier Materials Operations Supervisor Staff Professional I
Tyler DeSouza,PE Geotechnical Engineering Support Project Manager I
Adam AhTye, PE Geotechnical Engineering Support; Environmental Staff Professional 11
Field Investigations(Initial Site Assessment/
Environmental Site Assessment)
James Wetenkamp, PG,CEG Engineering Geology Project Professional
Anthony Aquino Geotechnical Engineering Support Professional
Steven Linton, EIT Geotechnical Engineering Support Staff Professional II
Pedro Rivas, EIT Geotechnical Engineering Support Staff Professional II
Enrique Mendoza Geotechnical Engineering Support; Environmental Field Professional
Investigations(Initial Site Assessment/Environmental
Site Assessment)
William Schmierer, PG Environmental Task Order Leader(Site Senior Professional
Characterization)
Eric Peirce, PG Environmental Order Leader(Lead-Based Paint Task) Project Professional
Karin Hagan,GISP Environmental Task Order Leader(Initial Site Project Professional
Assessment)
Adam Wohletz Laboratory Supervisor Laboratory Supervisor
Austen Wipfli Materials Tester/Inspector Technician III
Bob Menefee Materials Tester/Inspector Senior Technician
Derrick Oldfield, CWI Materials Tester/Inspector Senior Technician
Don Valles Materials Tester/Inspector Professional
Jason Roberts Materials Tester/Inspector Construction Inspector I
Jeff Hafeli Materials Tester/Inspector Senior Technician
Jimmy Zepeda Materials Tester/Inspector Senior Technician
Josh Sykes Materials Tester/Inspector Technician II
Josh Smith Materials Tester/Inspector Staff Professional I
Julio Navarro Materials Tester/Inspector Technician 11
Russ Carpenter Materials Tester/Inspector Senior Technician
Timothy Jellinghausen Materials Tester/Inspector Technician IV
Val Baroni Materials Tester/Inspector Senior Technician
Humberto Ramirez Materials Tester/Inspector Technician IV
KLE/NFELOER 1
COUNTY OF FRESNO
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
KLEINFELDER FEE SCHEDULE — 2021 Fresno County •
PROFESSIONAL STAFF RATES*
Professional ............................................................................................................................ $ 143/ hour
StaffProfessional .................................................................................................................... $ 155/ hour
Project Professional ................................................................................................................ $ 192/ hour
Principal Professional.............................................................................................................. $ 222/ hour
Senior Principal Professional................................................................................................... $ 302/ hour
ProjectManager...................................................................................................................... $ 203/ hour
Senior Project Manager........................................................................................................... $ 266/ hour
Designer/Drafter...................................................................................................................... $ 140/ hour
Senior Designer/Drafter........................................................................................................... $ 155/ hour
Project Controls Professional .................................................................................................. $ 148/ hour
Senior Project Controls Professional ....................................................................................... $ 215/ hour
TECHNICAL STAFF RATES
Technician............................................................................................................................... $ 100/ hour
SeniorTechnician.................................................................................................................... $ 129/ hour
Inspector................................................................................................................................. $ 129/ hour
SeniorInspector...................................................................................................................... $ 155/ hour
ConstructionManager............................................................................................................. $ 196/ hour
ADMINISTRATIVE STAFF RATES
Administrator........................................................................................................................... $ 97/ hour
ProjectAdministrator............................................................................................................... $ 131/ hour
Minimum Charges for Office Time Per Day....................................................... One Hour at Applicable Rate
Kleinfelder reserves the right to adjust the fee schedule on projects not completed within 180 days from the contract
signature date.
Public works projects or projects receiving public funds may be subject to Prevailing Wage laws. The above rates do not
apply to projects subject to prevailing wages. Hourly rates for those projects will be supplied separately.
Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical, and environmental
engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists.
Hourly rates assume that other direct costs will be billed and reimbursed by the client. Kleinfelder reserves the right to
adjust the fee schedule on projects where other direct costs are not reimbursed.
Kleinfelder Fee Schedule 2021 D Revised 06/2021
KLEINFELDER FEE SCHEDULE OR
GEOTECHNICAL and MATERIALS LABORATORY
SOIL TESTS
SOIL DENSITY TESTS
Test Standard Test Methodt Fee
Standard Proctor D698, T99 $ 245 each
Modified Proctor D1557, T180 $ 245 each
Proctor Check Point T272 $ 140 each
Proctor Oversize Correction D4718 $ 75 each
Treated Soil Proctor D558 $ 320 each
Minimum and Maximum Relative Density D4254, D4253 $ 425 each
Maximum Density by Vibratory Hammer D7382 $ 550 each
Moisture/Density, TEX 113-E TEX113-E $ 275 each
Moisture/Density, TEX 114-E TEX114-E $ 275 each
California Impact, CT 216, Dry Method CT216 $ 225 each
California Impact, CT 216, Wet Method CT216 $ 225 each
SOIL CLASSIFICATION AND INDEX TESTS
Test Standard Test Methodt Fee
Visual Classification D2488 $ 30 each
Sieve Analysis, % Finer than 200 Sieve D1140 $ 90 each
Sieve Analysis, Fine D422, D6913, T88 $ 130 each
Sieve Analysis, Coarse D422, D6913, T88 $ 130 each
Sieve Analysis, Coarse and Fine D422, D6913, T88 $ 165 each
Hydrometer Analysis Requires a Sieve Analysis,not included) D422, D7928 $ 185 each
Water Content D2216, D4363, T265 $ 25 each
Water Content and Dry Unit Weight D2216, D2937, D7263 $ 45 each
Atterberg Limits, Single Point D4318-B, T89, T90 $ 120 each
Atterberg Limits, Multiple Point D4318-A, T89, T90 $ 185 each
Atterberg Limits, Liquid Limit Only D4318, T90 $ 115 each
Soil Specific Gravity D854, T100 $ 225 each
Soil Organic Content D2974-C $ 125 each
Fiber Content of Peat Soils D1997 $ 270 each
Pinhole Dispersion Classification D4647 $ 525 each
Soil pH D4972, G51 $ 60 each
Double Hydrometer for Dispersive Soils D4221 $ 275 each
Soil Resistivity G187 $ 160 each
Chloride Content $ 70 each
Sulfate Content $ 60 each
Thermal Resistivity, Per Point D5334, IEEE 422 $ 325 each
Thermal Resistivity, Dry-Out Curve D5334, IEEE 422 $ 950 each
SOIL BEARING PRESSURE TESTS
Test Standard Test Methodt Fee
California Bearing Ratio, Single Point (proctor not included) D1883, T193 $ 350 each
California Bearing Ratio, 3 Points (proctor not included) D1883, T193 $ 650 each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 1 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE OR
GEOTECHNICAL and MATERIALS LABORATORY
SOIL TESTS (continued)
SOIL BEARING PRESSURE TESTS continued
Test Standard Test Methods Fee
Resistance R-Value D2844 $ 325 each
Resistance R-Value of Treated Material D2844 $ 375 each
Rock Correction for R-Value D2844 $ 85 each
Stabilized Soil UC Strength, 1 Point(proctor not included) D1633, D5102 $ 175 each
Stabilized Soil UC Strength, Set of 3 D1633, D5102 $ 950 each
CT373, 1 Lime Content,w/o Opt. Moist. CT373 $ 175 each
CT373, 1 Lime Content CT373 $ 370 each
CT373, 3 Lime Contents CT373 $ 1,100 each
Eades and Grim Test(Opt. Lime Content C977 $ 195 each
Resilient Modulus T307 $ 475 each
CTB Strength, Individual Specimen $ 185 each
CTB Strength, Set of 3, Without Design $ 420 each
CTB Complete Mix Design $ 6,500 each
SOIL STRENGTH AND PERMEABILITY TESTS
Test Standard Test Methods Fee
Pocket Penetration Value $ 30 each
Unconfined Compressive Strength D2166, T208 $ 140 each
Direct Shear, 1 Point D3080, T236 $ 150 each
Direct Shear, 3 Points D3080, T236 $ 390 each
Direct Shear, Residual Strength, Each Pt D3080-Modified $ 250 each
Consolidation without Time Rate Plots D2435-Modified $ 345 each
Consolidation with 2 Time Rate Plots D2435-A, T216-A $ 450 each
Consolidation, All Loads with Time Rates D2435-13, T216-B $ 630 each
Collapse Potential D5333 $ 250 each
One Dimensional Swell—Wetting After Loading, Series D4546-A $ 300 each
One Dimensional Swell—Wetting After Loading D4546-B $ 175 each
One Dimensional Swell— Loading After Wetting D4546-C $ 475 each
Expansion Index D4829 $ 195 each
Denver Swell Test $ 125 each
Permeability, Rigid Wall D2434 $ 450 each
Permeability, Flexible Wall D5084-C $ 390 each
Triaxial Compression, CU, 1 Point D4767, T297 $ 500 each
Triaxial Compression, CU, 3 Points D4767, T297 $ 1,350 each
Triaxial Compression, UU, 1 Point D2850, T296 $ 210 each
Triaxial Compression, UU, 3 Points D2850, T296 $ 630 each
Triaxial Compression, UU Saturated, 1 Point D2850-Modified $ 300 each
Triaxial Test, TEX117E, Part I TEX117E $ 1,950 each
Triaxial Test, TEX117E, Part 11 TEX117E $ 1,950 each
sCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 2 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE OR
GEOTECHNICAL and MATERIALS LABORATORY
AGGREGATE TESTS
Test Standard Test Methods Fee
Acid Solubility $ 185 each
ASR Reactivity, Long Method C227, C1293 $ 1,850 each
ASR Reactivity, Short Method C1260, C1567 $ 950 each
Cleanness Value CT227 $ 165 each
Clay Lumps and Friable Particles, per size"(see note below) C142, T112 $ 105 each
Coarse Specific Gravity&Absorption C127, T85 $ 85 each
Fine Specific Gravity&Absorption C128, T84 $ 145 each
Coarse Durability D3744, T210 $ 150 each
Fine Durability D3744, T210 $ 150 each
Flat and Elongated Particles, per size *(see note below) D4791 $ 95 each
Fractured Faces, per size *(see note below) D5821, T335 $ 105 each
Lightweight Pieces (Per specific gravity of heavy liquid) C123, T113 $ 330 each
Los Angeles Abrasion, Large Aggregate C535 $ 200 each
Los Angeles Abrasion, Small Aggregate C131, T96 $ 200 each
Mortar Sand Strength C87, CT515 $ 650 each
Organic Impurities C40, T21 $ 75 each
Sand Equivalent, 1 point D2419, T176 $ 100 each
Sand Equivalent, 3 points D2419, T176 $ 150 each
Sieve Analysis, % Finer than 200 Sieve C117, T11 $ 90 each
Sieve Analysis, Fine C136, T27 $ 130 each
Sieve Analysis, Coarse C136, T27 $ 130 each
Sieve Analysis, Coarse and Fine C136, T27 $ 165 each
Soundness of Aggregate, per size *(see note below) C88, T104 $ 150 each
Unit Weight C29, T19 $ 65 each
Water Content D2216, C566, T255 $ 25 each
Texas Wet Ball Mill TEX116E $ 300 each
Decantation Wash TEX406A $ 90 each
Uncompacted Void Content of Fine Aggregate C1252, T304 $ 140 each
*Tests are billed by each size fraction tested. The quantity of fractions tested is dependent on the sample gradation and test method.
FILTER MEDIA TESTS
Test Standard Test Methods Fee
Filter Media, Sieve Analysis (includes d10, d60, es,cu) AWWA B100 $ 185 each
Filter Media, Mohs Hardness AWWA B100 $ 185 each
Filter Media, Percent Silica $ 200 each
Acid Solubility AWWA B100 $ 185 each
sCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 3 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE OR
GEOTECHNICAL and MATERIALS LABORATORY
CONCRETE TESTS
Test Standard Test Methodt Fee
Concrete Compression C39 $ 32 each
Concrete Core Compression C42 $ 85 each
Concrete Flexural Strength C78 $ 105 each
Hydraulic Cement Mortar Compression C109 field cast $ 32 each
Concrete Drying Shrinkage, set of 3 C157 $ 510 Each
Concrete Core Thickness C174 $ 45 each
Concrete Laboratory Trial Batch* C192 $ 1,350 each
Concrete Time of Set by Penetration Resistance C403, C191 $ 2,400 each
Concrete Modulus of Elasticity C469 $ 350 each
Concrete Splitting Tensile Strength C496 $ 105 each
Concrete Absorption C497, C642 $ 160 each
Concrete Cylinder Unit Weight C567 $ 160 each
Non-Shrink Grout Compression C1107, C579 $ 32 each
Shotcrete Compression C1140, C1604 $ 85 each
Concrete Chloride Ion Penetration C1202 $ 750 each
Concrete Paving Slab Modulus of Rupture C1782 $ 750 each
Concrete Direct Tensile D2936, CRD C164 $ 500 each
CLSM Compression D4832 $ 45 each
*Includes 6 cylinders 4x8 or 6x12 or 6 flex beams,additional cylinders,beams,or shrinkage prisms charged at individual unit rates
ROLLER COMPACTED CONCRETE TESTS
Test Standard Test Methodt Fee
RCC Compression C1435/C39 $ 65 each
RCC Air Content C1849 $ 50 each
RCC Unit Weight C1849 $ 50 each
RCC Consistency and Density VeBe) C1170 $ 1,600 each
RCC Accelerated Cure C1768- modified $ 750 each
RCC Trial Batch ACI 211.1 $ 4,800 each
RCC Aggregate Mixing ACI 211.1 $ 2,000 each
MASONRY TESTS
Test Standard Test Methodt Fee
Masonry Grout Compression C1019, C942 $ 32 each
Masonry Mortar Compression C270, C780 $ 32 each
Masonry Core Compression and Shear CA DSA $ 170 each
Masonry Prism Compression C1314 $ 125 each
CMU Absorption and Received Moisture C140 $ 100 each
CMU Compression C140 $ 105 each
CMU Dimension Verification C140 $ 45 each
CMU Lineal Shrinkage C426 $ 250 each
CMU/Seg. Retaining Wall Unit Freeze-Thaw C1262 $ 1,750 each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 4 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE OR
GEOTECHNICAL and MATERIALS LABORATORY
ROCK TESTS
Test Standard Test Methods Fee
Rock Sample Preparation D4543 $ 100 each
Rock Direct Shear, 1 Point D5607 $ 350 each
Rock Mohs Hardness IRSM $ 45 each
Rock Point Load Index, per Point* D5731 $ 55 each
Rock Slake Durability D4644 $ 200 each
Rock Splitting Tensile/Brazilian, per Point* D3967 $ 100 each
Rock Direct Tensile D2936 $ 250 each
Rock Triaxial Compression D7012-A $ 420 each
Rock Triaxial Compression w/Modulus of Rupture D7012-B $ 560 each
Rock Unconfined Compression D7012-C $ 250 each
Rock Unconfined Compression w/Modulus of Rupture D7012-D $ 500 each
Above testing fees include routine sample preparation(end grinding)and sample photographs
*Point load andsplitting tensile test fees are per break,not per set of 10.
ASPHALT TESTS
BINDER TESTS
Test Standard Test Methods Fee
Absolute Viscosity D2171 $ 220 each
Bitumen Penetration D5 $ 85 each
Kinematic Viscosity D2170 $ 200 each
Recovery by Roto-Vapor D5404 $ 365 each
Softening Point, Ring & Ball D36 $ 105 each
Bitumen Recovery by Abson Method D5404 $ 375 each
Ductility of Bitumen D113 $ 130 each
Resilience of AR Binders D5329 $ 80 each
EMULSION TESTS
Test Standard Test Methods Fee
Emulsion Elastic Recovery D6084, T301 $ 260 each
Emulsion Settlement D6930, T59 $ 235 each
Emulsion Sieve Test D6933, T59 $ 105 each
Emulsion Storage Stability D6930, T59 $ 185 each
Emulsion Torsional Recovery CT332 $ 160 each
Particle Charge D7402, T59 $ 105 each
Residue by Evaporation D6934, T59 $ 115 each
Saybolt Viscosity D7946, T59 $ 160 each
sCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 5 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE OR
GEOTECHNICAL and MATERIALS LABORATORY
ASPHALT TESTS (continued)
MIX PROPERTY TESTS
Test Standard Test Methodt Fee
Air Voids Determination (calculation only) D3203, AI-MS-2 $ 60 each
VMA Determination (calculation on►y) AI-MS-2, CT-LP-2 $ 55 each
VFA Determination (calculation only) AI-MS-2, CT-LP-2 $ 55 each
Volumetric Properties (calculation only) AI-MS-2, CT-LP-2 $ 55 each
AC Moisture Content T329 $ 60 each
Gradation of Extracted Aggregate D5444 $ 125 each
AC Content by Extraction D2172 $ 220 each
AC Content by Ignition Oven D6307, T308 $ 160 each
AC Ignition Oven Calibration (determination of mix correction) D6307 $ 350 each
Hveem Stability D1560 $ 350 each
Hveem Stability without Compaction D1560 $ 185 each
Marshall Stability and Flow (does not include compaction) D6927 $ 175 each
AC Swell CT305 $ 500 each
Slurry Seal Wet Track Abrasion D3910, ISSA TB100 $ 350 each
DESIGN AND DENSITY TESTS
Test Standard Test Methodt Fee
AC Core Thickness D3549 $ 15 each
AC Core Unit Weight&Thickness D1188, D2726, D3549 $ 55 each
Unit Weight, Gyratory Method T312 $ 325 each
Unit Weight, Hveem Method D1561 $ 310 each
Unit Weight, Marshall Method D6926 $ 225 each
Maximum Theoretical Specific Gravity D2041 $ 165 each
Moisture Induced Damage T283 $ 1,470 each
Moisture Vapor Susceptibility CT307 $ 600 each
Hamburg Wheel Track, Set of 2 T324 $ 1,100 each
Index of Retained Strength D1075 $ 1,250 each
Indirect Tensile Strength (does not include compaction) D6931 $ 1,050 set/3
Indirect Tensile Strength of Cored Specimen D6931 $ 350 each
Caltrans Tensile Strength Ratio CT371 $ 2,000 each
Caltrans Opt Bitumen Content OGFC CT368 $ 1,850 each
Centrifuge Kerosene Equivalent CT303 $ 300 each
Film Stripping CT302 $ 150 each
Mix Design, Hveem Method w/RAP CT367 $ 7,800 each
Mix Design, Hveem Method CT367 $ 6,000 each
Mix Design, Marshall Method AIMS-2 $ 3,250 each
Mix Design, Superpave Method AIMS-2 $ 7,500 each
tCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 6 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE • -
GEOTECHNICAL and MATERIALS LABORATORY TESTING SERVICES
METAL TESTS
BOLT TESTS
Test Standard Test Methods Fee
Bolt Assembly Suite Bolt, Nut, Washer F606 $ 225 each
Bolt Hardness E18 $ 30 each
Bolt Proof Load F606 $ 45 each
Bolt Wedge Tensile F606 $ 45 each
Nut Hardness E18 $ 30 each
Nut Proof Load F606 $ 45 each
Washer Hardness E18 $ 30 each
*An 'assembly'is one bolt, one nut and one washer. The suite consists of a bolt wedge tensile test,bolt and nut proof load tests,and
hardness tests on all three pieces.
REINFORCING BAR TESTS
Test Standard Test Methods Fee
Bend A370, E290 $ 45 each
Rebar Tensile, up to No. 11 A370, E8 $ 95 each
Rebar Tensile, No. 14 and No. 18 A370, E8 $ 200 each
Rebar Coupler Slip A370, A1034, CT670 $ 150 each
Rebar Coupler Tensile, up to No. 11 A370, A1034, CT670 $ 90 each
Rebar Coupler Tensile, No. 14 and No. 18 A370, A1034, CT670 $ 200 each
CT670 Strain (Elongation) CT670 $ 20 each
Headed Rebar Tensile, up to No. 11 A370, A970 $ 90 each
Headed Rebar Tensile, No. 14 and No. 18 A370, A970 $ 200 each
Modulus of Elasticity* A370 $ 125 Each
Epoxy Coating Thickness A775, A934 $ 100 each
Epoxy Coating Continuity— Holiday Test A775, A934 $ 100 each
Epoxy Flexibility - Bending A775, A934 $ 75 each
In addition to the testing fee.
METAL TESTS
Test Standard Test Methods Fee
PT Strand Tensile A370, A1061 $ 165 each
Anchor Bolt Tensile, up to 1.5" dia. F1554 $ 150 each
Anchor Bolt Tensile, greater than 1.5" dia. F1554 $ 250 each
Reduced Section Tensile* A370 $ 125 each
Rockwell Hardness E18 $ 30 each
Macroetch E381 $ 250 each
Charpy Impact, Set of 3 ** A370, A673 $ 375 each
Galvanization Thickness B499, E376 $ 25 each
Fireproofing Density E605 $ 75 each
*Machining testspecimens is not included. Additional fees for stress-strain diagram.
—Machining testspecimens is not included. Additional fees will be assessed for testing at temperatures other than 40T.
sCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 7 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE OR
GEOTECHNICAL and MATERIALS LABORATORY
DIMENSION STONE AND ROOFING MATERIAL TESTS
DIMENSION STONE
Test Standard Test Methods Fee
Dimension Stone, Absorption/Specific Gravity C97 $ 220 set/5
Dimension Stone, Compressive Strength C170 $ 220 set/5
Dimension Stone, Flexural Strength C880 $ 220 set/5
Dimension Stone, Modulus of Rupture C99 $ 220 set/5
MISCELLANEOUS TESTS
MISCELLANEOUS TESTS
Test Standard Test Methods Fee
Hydraulic Ram Verification E4 $ 315 each
Tensile and Elastic Modulus Polymer Composite Materials D3039 $ 650 set/5
SAMPLE PREPARATION
SAMPLE PREPARATION
Test Standard Test Methods Fee
Rock Sample Preparation D4543 $ 100 each
Sample Crushing $ 150 each
Sample Cutting and Trimming $ 35 each
Sample Mixing and Processing $ 105 each
Sample Preparation $ 55 each
Sample Preparation, per hour $ 105 each
Sample Remolding $ 80 each
Contamination Fee $ 250 each
Sample Disposal Fee $ 10 each
sCommon ASTM, AASHTO and DOT test methods.
• Those beginning with A, B, C, D, E, F, or G are ASTM methods.
• Those beginning with T are AASHTO methods.
Page 8 of 8
Revised 12/2019
KLEINFELDER FEE SCHEDULE FOR
• EQUIPMENT
EQUIPMENT CHARGES
MATERIALS TESTING EQUIPMENT
Equipment Invoice Name Test Methodt Price
Anchor Bolt Testing Device ANCHOR BOLT TST/DAY $150.00/day
Brinell Hardness Tester BRINELL HARDNESS/DAY E10 $20.00/da
Concrete Rebound Schmidt Hammer SCHMIDT HAMMER/DAY C805 $55.00/day
Concrete Vapor Emission Test Kit MOIST FLOOR/SLAB TST F1869 $30.00/ kit
Coring Machine CORING MACHINE/DAY $85.00/da
Coring Machine with Generator CORING MCH W/GEN DAY $165.00/day
Cylinder Mold CYLINDER MOLDS $3.00 each
Diamond Bit Core Barrel Charge
3" Diameter CORING, 3" DIAM./IN $3.30/inch
4" Diameter CORING, 4" DIAM./IN $4.40/inch
6" Diameter CORING, 6" DIAM./IN $6.60/inch
Digital Thickness Gauge THICKNESS GAUGE/DAY $50.00/da
FerroScan Equipment FERROSCAN EQUIPMENT $275.00/da
Floor Flatness Testing Device Per Sq Ft FLOOR FLATNESS/SF E1155 $0.10/sq ft
Floor Flatness Testing Device Per Test FLOOR FLATNESS TST E1155 $150.00/day
Hand Auger and Soil Sampler HAND AUGER/DAY $75.00/da
Magnetic Particle Testing Device MAGNETIC PARTICLE ASNT, AWS B1.1 $45.00/da
Nuclear Soil Density/Moisture Gauge NUCLEAR DENS GAUGE D6938 $75.00/day
Skidmore Bolt Tension Calibrator SKID WILH BOLT/DAY A325, A490 $55.00/day
Torque Wrench, up to 1,000 foot-pounds TORQUE WRENCH/DAY A325, A490 $50.00/day
Ultrasonic Testing Device UT TESTING EQUIP/DAY ASNT, AWS B1.1 $75.00/da
VEHICLES
Description Invoice Name Price
Mileage, 2 Wheel Drive Per Mile MILEAGE, 2 WH/MILE $0.80/mile
Mileage, 4 Wheel Drive Per Mile MILEAGE, 4 WH/MILE $1.60/mile
Vehicle, 2 Wheel Drive Per Hour VEHICLE, 2 WHEEL/HR $10.00/hour
Vehicle w/Std Testing Equip (Per Hour) VEH W/STD EQUIP/HR $19.00/ hour
OFFICE EQUIPMENT
Description Invoice Name Price
Reproduction (Per Page) REPRODUCTION/PAGE $0.65/ page
Report Surcharge (Per Copy) REPORT (PER COPY) $44.00/ each
Bond Cost for CADD Per Square Foot CADD— BOND $0.60/sq ft
CADD Workstation Per Hour CADD WORKSTATION /HR $15.75/hour
tExamples of common test methods. Other methods may exist.
Page 1 of 1
Revised 8/2018
KLEINFELDER FEE SCHEDULE FOR
ENVIRONMENTAL e
SOIL AND WATER
Description Invoice Name Price
2" Ground Pump and Controller(Per Day) 2" GRND PUMP & CTRLR $130.00/day
3" Submersible Pump (Per Day) 3" SUBMERSIBLE PUMP $100.00/day
4 Channel Datalogger&Transdcr(Per Day) 4 CHANNEL DATALOGGER $210.00/day
Acoustic Water Level Indicator(Per Day) ACOUS WTR LEVEL IND $145.00/day
HACH Alkalinity Test Kit ALKALINITY TEST KIT $10.50/each
Aquistar Datalogger/2 Channel (Per Month) AQUISTAR DATALOG /MO $1,975.00/each
Aquistar Datalogger/2 Channel (Per Week) AQUISTAR DATALOG /WK $400.00/each
Aquistar Datalogger/2 Channel (Per Day) AQUISTAR DATALOGGER $63.00/each
Bailers- 1.6" BAILERS- 1.6" $5.25/each
Bailers-3" BAILERS-3" $10.50/each
Bailers (Per Day) BAILERS/DAY $56.00/each
2 X 6 Brass Tubes BRASS TUBES $10.00/each
CO2/02 Meter(Per Day) CO2/02 METER/DAY $56.00/each
Combo Meter(Per Day) COMBO METER/DAY $105.00/each
Combo Meter(Half Day) COMBO METER/HD $40.00/each
Combo Meter(Per Month) COMBO METER/MONTH $1,260.00/each
Combo Meter(Per Week) COMBO METER/WEEK $285.00/each
Combo Meter(Per Hour) COMBO METER, HOURLY $21.00/each
Conduct Based Water Level Indicator (Per Day) CONDUCT BSED WTR LVL $63.00/each
Conductivity/ PH /Temp Monitor(Per Week) CONDUCT/PH/TEMP/WK $115.00/each
Conductivity/ PH /Temp Monitor(Per Day) CONDUCT/PH/TEMP MTR $63.00/each
Dissolved Oxygen Meter(Half Day) DISLVD OXYG MTR/HD $18.50/each
Dissolved Oxygen Meter(Per Hour) DISLVD OXYG MTR/HR $7.50/each
Dissolved Oxygen Meter(Per Month) DISLVD OXYG MTR/MO $370.00/each
Dissolved Oxygen Meter(Per Day) DISLVD OXYG MTR/DAY $62.00/each
Dissolved Oxygen Meter(Per Week) DISLVD OXYG MTR/WK $230.00/each
Groundwater/ Liquid Sampling (Half Day) GRDWTR/LIQ SAMPL/HD $86.00/each
2" Ground Pump and Controller(Half Day) GROUNDWATER PUMP/HD $39.00/each
Grundfos Rediflo Pump (Per Day) GRUNDFOS PUMP/DAY $160.00/each
Groundwater Depression Pump (Per Month) GW DEPRESSION PUMP $1,190.00/each
Groundwater Sampling Trailer(Per Day) GW SAMP TRAILER/DAY $665.00/each
Groundwater Samp Truck/Trailer(Per Hour) GW SAMP TRAILER/HR $93.00/each
HORIBA Water Quality Meter(Per Day) HORIBA WTR QUAL MTR $105.00/each
HYDAC Water Quality Meter(Per Day) HYDAC WATER QUAL MTR $26.00/each
HYDAC Water Quality Meter(Half Day) HYDAC WTR QUL MTR/HD $13.00/each
Interface Probe (Per Day) INTERFACE PROBE $75.00/each
Interface Probe (Half Day) INTERFACE PROBE/HD $21.00/each
Interface Probe (Per Hour) INTERFACE PROBE/HR $10.50/each
Interface Probe (Per Month) INTERFACE PROBE/MO $620.00/each
Interface Probe (Per Week) INTERFACE PROBE/WK $235.00/each
Micropurge Backpack (Per Day) MICROPURGE BACKPACK $105.00/each
Peristaltic Pump (Per Week) PERISTALTIC PUMP/WK $160.00/each
Peristaltic Pump (Per Day) PERISTALTIC PUMP/DAY $93.00/each
Peristaltic Pump (Per Hour) PERISTALTIC PUMP/HR $21.00/each
Peristaltic Pump (Per Month) PERISTALTIC PUMP/MO. $750.00/each
PH Meter(Per Day) PH METER/DAY $31.00/each
Page 1 of 4
Revised 08/2018
KLEINFELDER FEE SCHEDULE FOR
ENVIRONMENTAL •
SOIL AND WATER (continued)
Description Invoice Name Price
Purge Pump (Per Day) PURGE PUMP / DAY $38.00/each
Micro Purge Bladder Bump (Per Day) QED BLADDER PUMP/DAY $105.00/each
QED Filters QED FILTERS $25.00/each
Poly Bladders Used with MP-SP QED POLY BLADDERS $26.00/each
Submersible GW Pump, Daily SUBMERSIBLE GW PUMP $79.00/each
Submersible GW Pump (Per Month) SUBMERSIBLE PUMP/MO $1,260.00/ each
Submersible GW Pump (Per Week) SUBMERSIBLE PUMP/WK $315.00/each
3" Submersible Pump (Per Hour) SUBMERSIBLE PUMP/HR $26.00/each
HACH Sulfate Test Kit SULFATE TEST KIT $26.00/each
Surface Soil Sampling Equip. (Per Day) SURF SOIL SAMP EQUIP $130.00/each
Turbidity Meter(Per Day) TURBIDITY METER/DAY $69.00/each
Water Level Meter WATER LEVEL METER $17.50/each
Water Level Meter (Half Day) WATER LEVEL MTR/HD $37.00/each
Water Qual Meter PH,EC,T,DO,TR (Per Day) WATER QUAL MTR PH,EC $115.00/each
Domestic Wells Sample Kit WATER SAMPLE KIT $160.00/each
Waterra Pump (Gas)/ Per Day WATERRA PUMP (GAS) $230.00/each
Well Purge Tubing (Per Foot) WELL PURGE TUBING/FT $0.70/each
Water Level Pressure Transducer(Per Day) WTR LVL PRIES TRNS/DY $35.00/each
Water Level Pressure Transducer(Per Hour)) WTR LVL PRIES TRNS/HR $10.50/each
Water Level Pressure Transducer(Per Month) WTR LVL PRIES TRNS/MO $925.00/each
Water Level Pressure Transducer(Per Week) WTR LVL PRIES TRNS/WK $230.00/each
AIR AND GAS
Description Invoice Name Price
Calibration Gas (Per Day) CALIBRATION GAS/DAY $10.00/ each
Combustible Gas Analyzer (Per Day) COMBUST GAS ANALZR $75.00/ each
Combustible Gas Analyzer (Per Month) COMBUST GAS ANLZR/MO $800.00/each
Combustible Gas Analyzer (Per Week) COMBUST GAS ANLZR/WK $260.00/each
Drager Hand Pump (Per Day) DRAGER HAND PUMP $7.00/each
Explosimeter EXPLOSIMETER $26.00/ each
Flame Ionization Detector(Per Day) FLAME ION DETECTR/DY $75.00/ each
Flame Ion Detector (Per Month) FLAME ION DETECTR/MO $1,080.00/each
Flame Ion Detector (Per Week) FLAME ION DETECTR/WK $370.00/each
Gas Chromatograph (Per Day) GAS CHROMATOGRAPH $200.00/each
Air Flow Meter by TSE (Per Day) HAND HELD FLOW METER $58.00/ each
Hi-Volume Air Sampler(Per Day) HI-VOLUME AIR SAMPLR $93.00/ each
Landfill Gas Flare (Per Week) LANDFILL GAS FLARE $1,215.00/ each
Landfill Meter (Per Day) LANDFILL METER $75.00 /each
Lantec GA-90 Gas Analyzer (Per Day) LANTEC GA90 GAS ANAL $200.00/each
LEL/02/H2S/CO Monitor (Half Day) LEL/02/H2S/CO MON/HD $26.00/each
LEL/02/H2S/CO Monitor (Per Hour) LEL/02/H2S/CO MON/HR $10.50/ each
LEL/02/H2S/CO Monitor (Per Month) LEL/02/H2S/CO MON/MO $695.00/each
LEL/02/H2S/CO Monitor (Per Week) LEL/02/H2S/CO MON/WK $525.00/each
LEL/02/H2S/CO Monitor (Per Day) LEL/02/H2S/CO MONITR $165.00/each
Organic Vapor ANA STIR CH REC (Per Day) ORG VAP ANLZR STIR CH $265.00/each
Org. Vapor Analyzer/Photoion Detector (Per Day) ORG VAP ANLZR/PID/DY $230.00 each
Page 2 of 4
Revised 08/2018
KLEINFELDER FEE SCHEDULE FOR
ENVIRONMENTAL •
AIR AND GAS (continued)
Org. Vapor Analyzer/Photoion Detector(Per Mo) ORG VAP ANLZR/PID/MO $2,440.00/each
Org. Vapor Analyzer/Photoion Detector(Per Week) ORG VAP ANLZR/PID/WK $700.00/each
Photo Ionization Detector(Per Day) PHOTO ION DETECTOR $200.00/each
Photo Ionization Detector(Half Day) PHOTO ION DETECTR/HD $31.00/each
Photo Ionization Detector(Per Hour) PHOTO ION DETECTR/HR $21.00/ each
Photo Ionization Detector(Per Month) PHOTO ION DETECTR/MO $895.00/each
Photo Ionization Detector(PID)Weekly PID (PER WEEK) $420.00/each
Soil Vapor Probe Equipment (Per Day) SOIL VAP PROBE EQUIP $465.00/each
Summa Manifold (Per Day) SUMMA SAMPLING TRAIN $17.50/each
Tedlar Bag TEDLAR BAG $17.50/each
Vacuum Pump (Per Day) VACUUM PUMP/DAY $38.00/each
Air Velocity Meter (Per Day) VELOCICALC METER $46.00/each
MONITORING WELL INSTALLATION
Description Invoice Name Price
2" x 10' PVC Blank 2"X10' PVC BLANK $58.00/each
2" x 10' PVC Screen 2"X10' PVC SCREEN $58.00/each
2" x 5' PVC Blank 2"X5' PVC BLANK $13.00/each
2" x 5' PVC Screen 2"X5' PVC SCREEN $22.00/each
4" Snap Caps 4" SNAP CAPS $10.50/each
4" x 4" x 5' Monument 4"x4"x5' MONUMENT $140.00 /each
7"Well Manhole Cover 7"WELL MANHOLE CVR $52.00/each
8" Diameter Well Boxes 8" DIA WELL BOXES $92.00/each
Bentonite Pellets 50# Bucket 2 BENTONITE PELLETS $145.00 /each
Casing PVC Cap 2" CASING PVC CAP 2" $19.00/ each
Casing PVC Plug 4" CASING PVC PLUG 4" $31.00/ each
Locking Steel Well Cover LOCKING STL WELL CVR $115.00/each
Well Development Tool (Per Day) WELL DEVEL TOOL/DAY $75.00/ each
Well Screen or Riser Pipe (1")/Per 5' WELL SCR/RISER PIPE $17.50/ each
H EALT ri Him c3 SAr t= I Y
Description Invoice Name Price
Latex Gloves (Per Box) LATEX GLOVES/BOX $35.00/each
Nitrile Gloves (Per Pair) NITRILE GLOVES $1.05/each
Organic Vapor Cartridges (Per Set) ORG VAPOR CARTRIDGES $19.00/each
OSHA/ NIOSH Air Sampling (Per Day) OSHA/NIOSH AIR SAMPL $17.50/each
Pump for OSHA/ NIOSH Air Sampling (Per Day) PERSONAL SMPLNG PUMP $35.00/each
Respirator Cartridges (Per Pair) RESPIRATOR CARTRIDGE $13.00/each
Portacount Respirator Fit Tester(Per Day) RESPIRATOR FIT TESTR $110.00 /each
Tyvek Suits TYVEK SUITS $19.00/each
Level B Protection (Per Day) LEVEL B PROTECTION $315.00 /day
Level C Protection (Per Day) LEVEL C PROTECTION $200.00 /day
Level D Protection (Per Day) LEVEL D PROTECTION $57.00/day
Limited Level D Protection (Per Day) LTD LEVEL D PROTECT $45.00/day
Page 3 of 4
Revised 08/2018
KLEINFELDER FEE SCHEDULE FOR
ENVIRONMENTAL •
GEOPHYSICAL EXPLORATION
Description Invoice Name Price
Seismic Geophysical Survey Equip (Per Day) SEISMC GEOPHYS EQUIP $525.00/day
Seismo/12 CH Nimbus ES-121OF (Per Day) SEISMO/12 CH /DAY $590.00/day
OTHER EQUIPMENT CHARGES
VEHICLES
Description Invoice Name Price
Mileage, 2 Wheel Drive (Per Mile) MILEAGE, 2 WH/MILE $0.80/mile
Mileage, 4 Wheel Drive (Per Mile) MILEAGE, 4 WH/MILE $1.60/mile
Vehicle, 2 Wheel Drive (Per Hour) VEHICLE, 2 WHEEL/HR $10.00/ hour
Vehicle, 4 Wheel Drive (Per Hour) VEHICLE, 4 WHEEL/HR $19.00/ hour
Vehicle w/Std Testing Equip (Per Hour) VEH W/STD EQUIP/HR $19.00/ hour
Vehicle w/Nuclear Dens Equip (Per Hour) VEH W/ND EQUIP/HR $25.00/ hour
Veh w/ Ultrasonic, Magnetic Particle Equip (Per VEH W/UT EQUIP/HR $25.00/ hour
Hour)
OFFICE EQUIPMENT
Description Invoice Name Price
Microcomputer& Support Hardware (Per Hour) MICROCOMPUTER/ HR. $25.00/ hour
Personal Computer with Basic Software (Per Hour) PERSONAL COMPUTER/HR $19.00/ hour
Reproduction (Per Page) REPRODUCTION/PAGE $0.65/page
Telephone (Per Minute) TELEPHONE, PER MIN. $0.65/ min
Facsimile Copies (Per Page) FAXES (PER PAGE) $3.00/page
Report Surcharge (Per Copy) REPORT (PER COPY) $44.00/each
Bond Cost for CADD (Per Square Foot) CADD— BOND $0.60/sq ft
Mylar Cost for CADD (Per Square Foot) CADD— MYLAR $3.50/sq ft
Press Bond for CADD (Per Square Foot) CADD— PRESS BOND $1.15/sq ft
Vellum Cost for CADD (Per Square Foot) CADD—VELLUM $1.75/sq ft
CADD Workstation (Per Hour) CADD WORKSTATION /HR $15.75/hour
Page 4 of 4
Revised 08/2018
Local Assistance Procedures Manual EXHIBIT 10-112
Cost Proposal
EXHIBIT 10-112 COST PROPOSAL Page 1 of
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note:Mark-ups are Not Allowed
Consultant Kleinfelder,Inc Prime Consultant ❑ Subconsultant ❑2nd Tier Subconsultant
The County of Fresno-RFI 2021 On-Call A&E
Project No. Consultant and Related Services Contract No. TBD Participation Amount TBD Date 3/16/2022
FRINGE BENEFIT% + GENERAL&ADMINISTRATIVE% = COMBINED ICR%
For Combined Rate 58.23% + 99.79% = 158.02%
Fee = 10.00%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg %or$ Hourly Range-
Straight OT(1.5x) OT(2x) From To Hourly Rate increase for Classifications Only
Stephen Plauson,PE,GE* $ 260.04 N/A N/A 12/17/2021 12/16/2022 $ 91.62 -
Senior Pricipal Geotechnical Engineer $ 269.15 N/A N/A 12/17/2022 12/16/2023 $ 94.83 3.50% Not Applicable
Exempt $ 278.57 N/A N/A 12/17/2023 12/17/2024 $ 98.15 3.50%
David Pearson,PE,GE* $ 383.16 $ 574.74 $ 766.32 12/17/2021 12/16/2022 $ 135.00 -
Sr Pricipal Geotechnical Engineer $ 396.58 $ 594.88 $ 793.17 12/17/2022 12/16/2023 $ 139.73 3.50% Not Applicable
Non-Exempt $ 410.46 $ 615.70 $ 820.93 12/17/2023 12/17/2024 $ 144.62 3.50%
Nathan Dahlan,PE* $ 202.50 N/A N/A 12/17/2021 12/16/2022 $ 71.35 -
Project Manager III $ 209.60 N/A N/A 12/17/2022 12/16/2023 $ 73.85 3.50% Not Applicable
Exempt $ 216.93 N/A N/A 12/17/2023 12/17/2024 $ 76.43 3.50%
Exequiel Sinco,PE* $ 159.79 N/A N/A 12/17/2021 12/16/2022 $ 56.30 -
Senior Professional $ 165.38 N/A N/A 12/17/2022 12/16/2023 $ 58.27 3.50% Not Applicable
Exempt $ 171.17 N/A N/A 12/17/2023 12/17/2024 $ 60.31 3.50%
James Helge,CEM* $ 202.50 N/A N/A 12/17/2021 12/16/2022 $ 71.35 -
Project Manager III $ 209.60 N/A N/A 12/17/2022 12/16/2023 $ 73.85 3.50% Not Applicable
Exempt $ 216.93 N/A N/A 12/17/2023 12/17/2024 $ 76.43 3.50%
Robert Hill* $ 204.69 N/A N/A 12/17/2021 12/16/2022 $ 72.12 -
Program Manager,Materials Testing $ 211.84 N/A N/A 12/17/2022 12/16/2023 $ 74.64 3.50% Not Applicable
Exempt $ 219.25 N/A N/A 12/17/2023 12/17/2024 $ 77.25 3.50%
Joshua Fournier* $ 130.18 N/A N/A 12/17/2021 12/16/2022 $ 45.87 -
Materials Operations Supervisor,Materials Testing $ 134.73 N/A N/A 12/17/2022 12/16/2023 $ 47.47 3.50% Not Applicable
Exempt $ 139.44 N/A N/A 12/17/2023 12/17/2024 $ 49.13 3.50%
Tyler DeSouza,PE* $ 151.90 N/A N/A 12/17/2021 12/16/2022 $ 53.52 -
Project Manager I $ 157.21 N/A N/A 12/17/2022 12/16/2023 $ 55.39 3.50% Not Applicable
Exempt $ 162.72 N/A N/A 12/17/2023 12/17/2024 $ 57.33 3.50%
James Wetenkamp,CEG* $ 148.36 N/A N/A 12/17/2021 12/16/2022 $ 52.27 -
Senior Professional $ 153.55 N/A N/A 12/17/2022 12/16/2023 $ 54.10 3.50% Not Applicable
Exempt $ 158.91 N/A N/A 12/17/2023 12/17/2024 $ 55.99 3.50%
Page 1 of 6
Local Assistance Procedures Manual EXHIBIT 10-112
Cost Proposal
EXHIBIT 10-112 COST PROPOSAL Page 1 of
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note:Mark-ups are Not Allowed
Consultant Kleinfelder,Inc Prime Consultant Subconsultant 2nd Tier Subconsultant
The County of Fresno-RFI 2021 On-Call A&E
Project No. Consultant and Related Services Contract No. TBD Participation Amount TBD Date 3/16/2022
FRINGE BENEFIT% + GENERAL&ADMINISTRATIVE% = COMBINED ICR%
For Combined Rate 58.23% + 99.79% = 158.02%
Fee = 10.00%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg %or$ Hourly Range-
Straight OT(1.5x) OT(2x) From To Hourly Rate increase for Classifications Only
Anthony Aquino $ 90.26 $ 135.38 $ 180.51 12/17/2021 12/16/2022 $ 31.80 -
Professional $ 93.41 $ 140.11 $ 186.81 12/17/2022 12/16/2023 $ 32.91 3.50% Not Applicable
Non-Exempt $ 96.67 $ 145.00 $ 193.34 12/17/2023 12/17/2024 $ 34.06 3.50%
Steven Linton,EIT $ 111.11 N/A N/A 12/17/2021 12/16/2022 $ 39.15 -
Staff Professional II $ 115.00 N/A N/A 12/17/2022 12/16/2023 $ 40.52 3.50% Not Applicable
Exempt $ 119.03 N/A N/A 12/17/2023 12/17/2024 $ 41.94 3.50%
Pedro Rivas,EIT $ 107.84 N/A N/A 12/17/2021 12/16/2022 $ 38.00 -
Staff Professional II $ 111.63 N/A N/A 12/17/2022 12/16/2023 $ 39.33 3.50% Not Applicable
Exempt $ 115.54 N/A N/A 12/17/2023 12/17/2024 $ 40.71 3.50%
Enrique Mendoza $ 90.26 $ 135.38 $ 180.51 12/17/2021 12/16/2022 $ 31.80 -
Professional $ 93.41 $ 140.11 $ 186.81 12/17/2022 12/16/2023 $ 32.91 3.50% Not Applicable
Non-Exempt $ 96.67 $ 145.00 $ 193.34 12/17/2023 12/17/2024 $ 34.06 3.50%
William Schmierer,PG $ 142.80 N/A N/A 12/17/2021 12/16/2022 $ 50.31 -
Senior Professional $ 147.79 N/A N/A 12/17/2022 12/16/2023 $ 52.07 3.50% Not Applicable
Exempt $ 152.95 N/A N/A 12/17/2023 12/17/2024 $ 53.89 3.50%
Eric Peirce,PG $ 125.76 $ 188.63 $ 251.51 12/17/2021 12/16/2022 $ 44.31 -
Project Professional $ 130.16 $ 195.24 $ 260.32 12/17/2022 12/16/2023 $ 45.86 3.50% Not Applicable
Non-Exempt $ 134.73 $ 202.10 $ 269.46 12/17/2023 12/17/2024 $ 47.47 3.50%
Karin Hagan,GISP $ 124.22 N/A N/A 12/17/2021 12/16/2022 $ 43.77 -
Project Professional $ 128.57 N/A N/A 12/17/2022 12/16/2023 $ 45.30 3.50% Not Applicable
Exempt $ 133.08 N/A N/A 12/17/2023 12/17/2024 $ 46.89 3.50%
Joshua Smith $ 143.30 N/A N/A 12/17/2021 12/16/2022 $ 50.49 -
Project Manager I $ 148.33 N/A N/A 12/17/2022 12/16/2023 $ 52.26 3.50% Not Applicable
Exempt $ 153.52 N/A N/A 12/17/2023 12/17/2024 $ 54.09 3.50%
Amy James $ 91.82 $ 137.72 $ 183.63 12/17/2021 12/16/2022 $ 32.35 -
Project Controls Associate $ 95.02 $ 142.54 $ 190.05 12/17/2022 12/16/2023 $ 33.48 3.50% Not Applicable
Non-Exempt $ 98.34 $ 147.52 $ 196.69 12/17/2023 12/17/2024 $ 34.65 3.50%
Page 2 of 6
Local Assistance Procedures Manual EXHIBIT 10-112
Cost Proposal
EXHIBIT 10-112 COST PROPOSAL Page 1 of
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note:Mark-ups are Not Allowed
Consultant Kleinfelder,Inc Prime Consultant ❑ Subconsultant ❑2nd Tier Subconsultant
The County of Fresno-RFI 2021 On-Call A&E
Project No. Consultant and Related Services Contract No. TBD Participation Amount TBD Date 3/16/2022
FRINGE BENEFIT% + GENERAL&ADMINISTRATIVE% = COMBINED ICR%
For Combined Rate 58.23% + 99.79% = 158.02%
Fee = 10.00%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg %or$ Hourly Range-
Straight OT(1.5x) OT(2x) From To Hourly Rate increase for Classifications Only
Administrative Assistant $ 88.44 $ 132.66 $ 176.88 12/17/2021 12/16/2022 $ 31.16 -
Administrative Assistant $ 91.53 $ 137.30 $ 183.07 12/17/2022 12/16/2023 $ 32.25 3.50% Not Applicable
Non-Exempt $ 94.74 $ 142.11 $ 189.48 12/17/2023 12/17/2024 $ 33.38 3.50%
Prevailing Wage Group 1 Lead lnsp-** $ 204.32 $ 306.49 $ 408.65 12/17/2021 12/16/2022 $ 71.99 -
Regular Shift $ 211.48 $ 317.21 $ 422.95 12/17/2022 12/16/2023 $ 74.51 3.50%
Non-exempt $ 218.88 $ 328.33 $ 437.77 12/17/2023 12/17/2024 $ 77.12 3.50%
Prevailing Wage Group 2-Welding/ICC** $ 198.65 $ 297.97 $ 397.29 12/17/2021 12/16/2022 $ 69.99 -
Regular Shift $ 205.60 $ 308.40 $ 411.20 12/17/2022 12/16/2023 $ 72.44 3.50%
Non-exempt $ 212.81 $ 319.21 $ 425.62 12/17/2023 12/17/2024 $ 74.98 3.50%
Prevailing Wage Group 3-Soils/*Asphalt** $ 178.18 $ 267.28 $ 356.37 12/17/2021 12/16/2022 $ 62.78 -
Regular Shift $ 184.43 $ 276.64 $ 368.86 12/17/2022 12/16/2023 $ 64.98 3.50%
Non-exempt $ 190.87 $ 286.31 $ 381.74 12/17/2023 12/17/2024 $ 67.25 3.50%
Prevailing Wage Group 4-ACI Concrete** $ 161.24 $ 241.86 $ 322.48 12/17/2021 12/16/2022 $ 56.81 -
Regular Shift $ 166.89 $ 250.33 $ 333.77 12/17/2022 12/16/2023 $ 58.80 3.50%
Non-exempt $ 172.73 $ 259.10 $ 345.47 12/17/2023 12/17/2024 $ 60.86 3.50%
Non-Prevailing Wage Technician $ 85.15 $ 127.72 $ 170.29 12/17/2021 12/16/2022 $ 30.00 - $20 to$40
Technician-Non PW $ 88.13 $ 132.19 $ 176.25 12/17/2022 12/16/2023 $ 31.05 3.50% $21 to$42
Non-exempt $ 91.22 $ 136.83 $ 182.44 12/17/2023 12/17/2024 $ 32.14 3.50% $22 to$44
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. Billing rate=actual hourly rate*(1+ICR)*(1+Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or
accepted by Caltrans.All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only,enter the Average Hourly Rate for that classification.
Page 3 of 6
Local Assistance Procedures Manual EXHIBIT 10-112
Cost Proposal
EXHIBIT 10-112 COST PROPOSAL Page 2 of 3
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Kleinfelder, Inc a Prime Consultant Subconsultant
The County of Fresno -RFI 2021
On-Call A&E Consultant and
Project No. Related Services Contract No. TBD Date 3/16/2022
SCHEDULE OF OTHER DIRECT COST ITEMS
Description of Item Quantity Unit Unit Cost Total
Mileage Costs per IRS rate
Equipment Rental and Supplies at cost plus 5%
Permit Fees at cost plus 5%
Plan Sheets/Reproduction/Copies at cost plus 5%
Laboratory Tests See attachment see attachment
Vehicle Rental at cost
Subconsultant 1:
Subconsultant 2:
Subconsultant 3
Subconsultant 4
Subconsultant 5
Page 4 of 6
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-1-11 COST PROPOSAL (Page 3 of 3)
Certification of Direct Costs
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with
the contract terms and the following requirements:
1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the contract
3 Title 23 United States Code Section 112- Letting of Contracts
4 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures
5 23 Code of Federal Regulations Part 172- Procurement, Management, and Administration of
0
6 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that
are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect
Cost Rate(s).
Prime Consultant or Suconsultant Certifying:
Name: Mark Connelly Title*: Vice President/Area Manager
Signature: Date of Certification (mm/dd/yyyy)3/16/2022
Email: mconnelly@kleinfelder.com Phone Number: 209-948-1345
Address: 2001 Arch Airport Road,#100,Stockton,CA 95206
*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 this proposed contract:
Geotechnical Engineering, Environemntal/Hydrogeologic Services,Construction Special Inspections,
Materials Testing
Appendix F
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved,this form is not required.)
Consultant's Full Legal Name: The Kleinfelder Group, Inc.
Important: Consultant means the individual or consultant providing engineering and design related
services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore,the
Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate 158.02 %OR
Home Office Rate NA % and Field Office Rate(if applicable)NA %
Facilities Capital Cost of Money 0.27 % (if applicable)
Fiscal period*411/2019 - 3/31/2020
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not
the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period
for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have
determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in
accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of
Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31);
• The cost proposal does not include any costs which are expressly unallowable under the cost
principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our
prevailing wage policy as either direct labor,indirect costs, or other direct costs on all federally-
funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the
consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of
this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging,job costing, and accounting systems meet the standards for financial reporting,accounting
records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately
accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23
United States Code(U.S.C.)Section 112(b)(2);48 CFR Part 31.201-2(d);23 CFR Chapter 1,Part 172.1l(a)(2);
and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct,indirect,and unallowable cost accounts;
• Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost
Page 1 of 2
March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
accounts;
• Ability to accumulate and segregate allowable direct costs by project,contract and type of cost;
• Internal controls to maintain integrity of financial management system;
• Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR;
• Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and
• Ability to ensure costs are in compliance with contract terms and federal and state requirement
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to
Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by
the following:
• Sanctions and Penalties-23 CFR Part 172.11(c)(4)
• False Claims Act-Title 31 U.S.C. Sections 3729-3733
• Statements or entries generally-Title 18 U.S.C. Section 1001
• Major Fraud Act-Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount$60,000,000 on all State and FAHP contracts for Architectural&
Engineering services that the consultant received in the last three fiscal periods.
• The number of states in which the consultant does business is 21
• Years of consultant's experience with 48 CFR Part 31 is 20+
• Audit history of the consultant's current and prior years(if applicable)
0 Cognizant ICR Audit 0 Local Gov't ICR Audit 0 Caltrans ICR Audit
0 CPA ICR Audit 0 Federal Gov't ICR Audit
I,the undersigned,certify all of the above to the best of my knowledge and belief and that I have reviewed the
Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost
principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and
all applicable state and federal rules and regulations. I also certify that I understand that all documentation of
compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the
federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**:Mark W. Connelly Title**: Vice President, Area Manager
Signature: Date of Certification(mm/dd/yyyy): 12/09/2021
Email**: mconnelly@kleinfelder.com Phone Number**: (916)612-6536
**An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President,a
Chief Financial Officer,or equivalent,who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms.
Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by
Caltrans Audits and Investigations.
Distribution: 1)Original-Local Agency Project File
2)Copy-Consultant
3)Copy-Caltrans Audits and Investigations
Page 2 of 2
March 2018
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: Stephen P. Plauson Date: 9/15/2022
Job Title: Senior Principal Engineer
(2)Company/Agency Name and Address:
Kleinfelder, Inc.
3649 W,. Holland Avenue, Suite 105
Fresno, CA 93722
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
No self dealing transactions to report.
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: —Z �/ Date: 9/1 5/2022
Subconsultants — Appendix H
None.
County of Fresno Architucturai-and ErTgin7e-e�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
Appendix J
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of 1 3.00%
1. TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or"DBE" means a for-profit small business concern
owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant.
• The term "Small Business" or"SB" is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of
Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in
the performance of the work that is the subject of this solicitation and should take all necessary and
reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by
DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included
in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must
make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must
document adequate good faith efforts. All DBE participation will be counted towards meeting the contract
goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed
consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and
return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the
Department's DBE program developed pursuant to the regulations. Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor
of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a
combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or
trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
Page 1 of 2
January 2020
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined
portions thereof. Responsibility means actually performing, managing, and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must
be responsible for the execution of a distinct element of the work and must carry out its responsibility by
actually performing, managing and supervising the work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and
all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the
DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.
If you believe a firm is certified that cannot be located on the database, please contact the Caltrans
Office of Certification toll free number 1-866-810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website
1. Click on the link titled Disadvantaged Business Enterprise;
2. Click on Search for a DBE Firm link;
3. Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING
CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the
materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or
establishment that produces on the premises the materials, supplies, articles, or equipment required
under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the
materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store,
warehouse, or other establishment in which the materials, supplies, articles or equipment of the general
character described by the specifications and required under the Contract are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the
firm must be an established, regular business that engages, as its principal business and under its own
name, in the purchase and sale or lease of the products in question. A person may be a DBE regular
dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning,
operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of
regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc
or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other
persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this
section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will
be limited to the entire amount of fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of materials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with fees charged for
similar services.
Page 2 of 2
January 2020
Appendix K
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: County of Fresno 2. Contract DBE Goal: 13.0%
3. Project Description: On-call A&E consultants and other related services- Public Works and Planning
4. Project Location: Various locations in Fresno County
5.Consultant's Name: 6. Prime Certified DBE: ❑ 7.Total Contract Award Amount: On-call
8.Total Dollar Amount for ALL Subconsultants: 9.Total Number of ALL Subconsultants: 4
10. Description of Work,Service,or Materials 11. DBE 13. DBE
Supplied Certification 12. DBE Contact Information Dollar
Number Amount
Traffic Control Services Alert- O-Lite, Inc., 559-486-4570, 2436
16345 Foundry Park Ave Fresno, CA 93706 TBD
Laboratory Services AP Engineering and Testing, Inc.,
33877 909-869-6316 TBD
Utility Locating Services 34267 Bess Testlab, Inc., 408-988-0101 TBD
Waste Disposal Dillard Environmental Services, (925)
7106 634-6850 TBD
Local Agency to Complete this Section
$ TBD
20. Local Agency Contract
Khi Hh 14.TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number:
22. Contract Execution TBD
nat,
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit,
this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is
required.
9/15/22
23.Local Agency Representative's Signature 24. Date 15.Preparer's Signature 16. Date
Stephen P. Plauson 559-486-0750
25. Local Agency Representative's Name 26.Phone 17.Preparer's Name 18. Phone
Senior Principal Engineer
27. Local Agency Representative's Title 19.Preparer's Title
DISTRIBUTION: 1.Original-Local Agency
2.Copy-Caltrans District Local Assistance Engineer(DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654-
3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
Page 1 of 2
July 23,2015
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
INSTRUCTIONS—CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1.Local Agency-Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement.
3.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic
Rehab, Overlay,Widening, etc).
4.Project Location-Enter the project location as it appears on the project advertisement.
5. Consultant's Name-Enter the consultant's firm name.
6.Prime Certified DBE-Check box if prime contractor is a certified DBE.
7.Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant.
8.Total Dollar Amount for ALL Subconsultants—Enter the total dollar amount for all subcontracted consultants.
SUM=(DBEs+all Non-DBEs).Do not include the prime consultant information in this count.
9.Total number of ALL subconsultants—Enter the total number of all subcontracted consultants. SUM=(DBEs+all
Non-DBEs).Do not include the prime consultant information in this count.
10.Description of Work,Services,or Materials Supplied-Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if
the prime is a DBE. If 100%of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11.DBE Certification Number-Enter the DBE's Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12.DBE Contact Information-Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
13.DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14.Total Claimed DBE Participation- $: Enter the total dollar amounts entered in the"DBE Dollar Amount"column.
%: Enter the total DBE participation claimed("Total Participation Dollars Claimed"divided by item"Total Contract
Award Amount"). If the total% claimed is less than item"Contract DBE Goal,"an adequately documented Good Faith
Effort(GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the LAPM).
15.Preparer's Signature-The person completing the DBE commitment form on behalf of the consultant's firm must
sign their name.
16.Date-Enter the date the DBE commitment form is signed by the consultant's preparer.
17.Preparer's Name-Enter the name of the person preparing and signing the consultant's DBE commitment form.
18.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19.Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20.Local Agency Contract Number-Enter the Local Agency contract number or identifier.
21.Federal-Aid Project Number-Enter the Federal-Aid Project Number.
22. Contract Execution Date-Enter the date the contract was executed.
23.Local Agency Representative's Signature-The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24.Date-Enter the date the DBE commitment form is signed by the Local Agency Representative.
25.Local Agency Representative's Name-Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
26.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27.Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
Page 2 of 2
July 23,2015
Appendix L On-Call A&E Consultant Services
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract a. bid/offer/application ❑ a. initial
❑ b* grant b. initial award b. material change
H
c. cooperative agreement c. post-award
d. loan For Material Change Only:
He. loan guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
E] Prime Subawardee
Tier if known
Congressional District,if known Congressional District,if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable
8. Federal Action Number,if known: 9. Award Amount,if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual,last name,first name,MI) (including address if different from No. 10)
(last name,first name,MI)
(attach Continuation Sheet(s)if necessary)
12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
$ actual planned a. retainer
b. one-time fee
13. Form of Payment(check all that apply): c. commission
® a. cash d. contingent fee
b. in-kind;specify:nature e deferred
Value f other,specify
15. Brief Description of Services Performed or to be performed and Date(s)of Service,including
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 12:
(attach Continuation Sheet(s)if necessary)
16. Continuation Sheet(s)attached: YesEl No No lobbying activity to report.
17.Information requested through this form is authorized by Title
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Stephen P. Plauson
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any sneer Senior Principal En
person who fails to file the required disclosure shall be subject Title: p 9
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: 559-486-0750 Date: 9/15/22
Authorized for Local Reproduction
Federal Use Only: Standard Form-LLL
Standard Form LLL Rev.04-28-06
Distribution: Orig-Local Agency Project Files
Page 1
LPP 13-01 May 8,2013
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts,subgrants,and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of
the prime federal recipient. Include Congressional District,if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,
First Name and Middle Initial(MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity
(Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is
a material change report,enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind
payment.
14. Check all boxes that apply. If other,specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that
were contacted.
16. Check whether or not a continuation sheet(s)is attached.
17. The certifying official shall sign and date the form,and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503. SF-
LLL-Instructions Rev.06-04
Page 2
LPP 13-01 May 8,2013
Appendix M
Debarment and Suspension Certification
As required by U.S. DOT regulations on governmentwide Debarment and Suspension
(INonprocurement), 49 CFR 29.100:
Kleinfelder
1) The Applicant certifies, to the best of its knowledge and belief, that ..._a it
Y
Is
�%
a) -Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
ftartment or agency;
s
b) -i-i= not, within the three (3) year period preceding this certification, been
convicted of or had a civil judgment rendered against them for commission of fraud
I
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, state, or local) transaction or contract under a public
transaction, violation of Federal or state antitrust statutes, or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, oi•receiving stolen property;
Is
c) 4d-t not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, state, or local) with commission of any of the
offenses listed in subparagraph(1)(b) of this certification; and
Has
d) Heve not, within the three (3) year period preceding this certification, had one or
more public transactions (Federal, state, and local) terminated for cause or default.
2) he Applicant also certifies that, if Applicant later becomes aware of any information
ontradicting the statements of paragraph (1) above, it will promptly provide that
formation to the State.
3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this
ertification, through those means available to Applicant, including the General Services
dministration's Excluded Parties List System (EPLS),Applicant shall indicate so in its
pplications, or in the transmittal letter or message accompanying its annual certifications
nd assurances, and will provide a written explanation to the State.
i
SIGNATURE PAGE
In signing this document, I declare under penalties of perjury that the foregoing certifications and
assurances, and any other statements made by me on behalf of the Applicant are true and correct.
Signature < Date- � y f ZO2
Printed Name T)40-1. t)roc�µ.Ar%
As the undersigned Attorney for the above named Applicant,I hereby affirm to the Applicant that
it has the authority under state and local law to make and comply with the certifications and
assurances as indicated on the foregoing pages. I further affirm that, in my opinion, these
certifications and assurances have been legally made and constitute legal and binding obligations
of the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or
litigation pending or imminent that might adversely affect the validity of these certifications and
assurances or of the performance of the described project.
AFFIRMATION OF APPLICANT'S ATTORNEY
For k106 Oa-' (Name of Ap licant)
Signature Date
Printed Na of Applicant's Attorney kart- l�/ /I i`for M A"