HomeMy WebLinkAbout2022-On-Call-A-and-E-GeoLogic-Agreement-CountyFunded.pdf On-Call Agreement for
Architectural and Engineering Consultant and Other Related Services
Contents
1. OBLIGATIONS OF THE CONSULTANT ....................................................................4
2. OBLIGATIONS OF THE COUNTY..............................................................................7
3. TERM OF AGREEMENT ............................................................................................9
4. TERMINATION ...........................................................................................................9
A. Non-Allocation of Funds / Funding Requirements ........................................................9
B. Breach of Contract...................................................................................................... 10
C. Without Cause............................................................................................................ 10
5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS................................... 10
A. Maximum Cumulative Amount Available .................................................................... 10
B. Consultant Fee ........................................................................................................... 11
C. Not used..................................................................................................................... 13
D. Retention.................................................................................................................... 13
E. Payments ................................................................................................................... 14
F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 15
6. INDEPENDENT CONTRACTOR.............................................................................. 16
7. MODIFICATION / CHANGE IN TERMS.................................................................... 17
8. NON-ASSIGNMENT ................................................................................................. 18
9. HOLD HARMLESS ...................................................................................................18
10. LIABILITY INSURANCE............................................................................................ 19
A. Commercial General Liability....................................................................................... 19
B. Automobile Liability......................................................................................................20
C. Professional Liability Insurance: ..................................................................................20
D. Worker's Compensation .............................................................................................20
E. Additional Requirements Relating to Insurance..........................................................20
11. AUDITS / RETENTION OF RECORD.......................................................................22
12. NOTICES ..................................................................................................................23
13. GOVERNING LAW ...................................................................................................23
14. DISCLOSURE OF SELF-DEALING TRANSACTIONS.............................................23
15. ELECTRONIC SIGNATURE .....................................................................................24
16. SUBCONSULTANTS................................................................................................24
I. Prompt Progress Payment............................................................................................26
J. Prompt Payment of Withheld Funds to Subconsultants ..............................................26
17. CONFLICT OF INTEREST .......................................................................................28
18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES .............................................29
19. OWNERSHIP OF DATA ...........................................................................................31
20. CONSULTANT'S LEGAL AUTHORITY ....................................................................34
21. BINDING UPON SUCCESSORS..............................................................................34
22. SEVERABILITY.........................................................................................................34
23. STATE PREVAILING WAGE RATES .......................................................................34
C. Payroll Records..........................................................................................................35
E. Penalty......................................................................................................................37
F. Hours of Labor ..........................................................................................................39
1 G. Employment of Apprentices...................................................................................39
2 Articles 24-39 Not used.......................................................................................................40
40. ENTIRE AGREEMENT.................................................................................................40
3 41. SIGNATURES...............................................................................................................41
4
Appendices
5
Appendix A — Listing of all consultants, including CONSULTANT'S "Project Manager"
6 Appendix B — Scope
7 Appendix C — Project Team
Appendix D — Deliverables
8 Appendix E — Cost Proposal
Appendix F — Not Used
9 Appendix G — Self Dealing Transaction Disclosure Form
Appendix H — Subconsultants
10 Appendix I — Conflict of Interest Code
11 Appendix J — Not Used
Appendix K — Not Used
12 Appendix L — Not Used
Appendix M — Not Used
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2
1 CONSULTANT AGREEMENT
2 THIS AGREEMENT for Architectural and Engineering Consultant Services,
3 hereinafter referred to as "AGREEMENT," is made and entered into this 13th day
4 of June 2022, by and between the COUNTY OF FRESNO, a Political Subdivision of
5 the State of California, hereinafter referred to as "COUNTY"; and Geo-Logic Associates, a
6 Corporation, whose address is 2777 East Guasti Road, Suite 1, Ontario, CA 91761
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 ehaagenson6aVresnocountyca.gov
27 is designated as the CONTRACT ADMINISTRATOR for this Agreement on behalf of the
28 COUNTY, and shall remain so unless the CONSULTANT is otherwise notified in writing by
3
1 the COUNTY's Director of Public Works and Planning or his/her designee(s) (hereinafter
2 referred to as the "DIRECTOR"); and
3 WHEREAS, the individual listed in Appendix A, as the firm's "Consultant Project
4 Manager" is designated as the CONSULTANT'S PROJECT MANAGER for this Agreement,
5 and shall remain so unless the CONSULTANT requests and the DIRECTOR approves, in
6 writing, a change of the CONSULTANT'S PROJECT MANAGER, which approval will not
7 be unreasonably withheld; and
8 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
9 herein contained, the parties hereto agree as follows:
10 1. OBLIGATIONS OF THE CONSULTANT
11 A. The COUNTY hereby contracts with the CONSULTANT as an independent
12 contractor to provide the professional services enumerated in "Consultant's Scope of
13 Services" attached as Appendix B.
14 B. The CONSULTANT'S services shall be performed as expeditiously as is
15 consistent with professional skill and the orderly progress of the work, based on schedules
16 for each specific PROJECT mutually agreed upon in advance by the CONTRACT
17 ADMINISTRATOR, and the CONSULTANT.
18 C. The CONSULTANT'S PROJECT team staff shall be as listed in Appendix C,
19 attached hereto and incorporated herein. Any substitutions of personnel must be approved
20 in advance by the CONTRACT ADMINISTRATOR, which approval shall not be
21 unreasonably withheld. The CONSULTANT shall notify the CONTRACT ADMINISTRATOR
22 of the names and classifications of employees assigned to each specific PROJECT, and
23 shall not reassign such employees to other projects of the CONSULTANT without
24 notification to and prior approval by the CONTRACT ADMINISTRATOR.
25 D. The CONSULTANT may retain, as subconsultants, specialists as the
26 CONSULTANT requires to assist in completing the work in accordance with Article 16
27 "Subconsultants" (and, if applicable to this Agreement, Article 24 "Disadvantaged Business
28 Enterprises").
4
1 E. Services provided by CONSULTANT on PROJECTS relating to the
2 construction or improvement of roads and bridges shall be done in accordance with
3 American Association of State Highway and Transportation Officials (AASHTO)
4 requirements for applicable structures.
5 F. All projects funded wholly or in part by CALTRANS must conform to all
6 requirements imposed by CALTRANS and the Federal Highway Administration (FHWA), as
7 specified in Chapter 10 of the CALTRANS LAPM.
8 G. The services that may be furnished by the CONSULTANT under this
9 Agreement are for all or a portion of the services the CONSULTANT is allowed to provide
10 within the applicable professional discipline limits, as defined in California State License
11 Law, for various PROJECTS on an as needed basis.
12 H. The CONSULTANT agrees to provide the professional services that are
13 necessary for each PROJECT when expressly authorized in writing by the CONTRACT
14 ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the
15 CONSULTANT has received a written Notice to Proceed (NTP) or Task Order from the
16 CONTRACT ADMINISTRATOR authorizing the necessary service, agreed upon fee, and
17 scope of work.
18 I. The CONSULTANT shall submit proposals in response to requests issued by
19 the CONTRACT ADMINISTRATOR on a project-by-project basis. The CONSULTANT'S
20 proposal at a minimum shall include, but not be limited to, staff qualifications, proposed
21 method and schedule for completing the task(s), completed federal forms and a sealed cost
22 proposal. The CONSULTANT agrees that each professional or other individual performing
23 work on any such PROJECT(S) shall be adequately trained to perform the work and shall
24 possess the proper license, certification or registration as required by law or by accepted
25 standards of the applicable profession. The CONSULTANT agrees to provide the
26 professional services that are necessary to complete the requested tasks consistent with
27 the scope of its contracted discipline(s), as listed in Appendix B ("Scope"), when expressly
28 authorized in writing by the CONTRACT ADMINISTRATOR.
5
1 J. Submissions of reports, plans, specifications, and estimates will be submitted
2 in the formats, quantities, and delivery methods delineated in Appendix D "Deliverables"
3 hereto unless other formats, quantities, and/or delivery methods have been mutually
4 agreed upon, in writing, prior to the CONSULTANT's submittal. The CONSULTANT shall
5 verify compatible format and quantity prior to final delivery.
6 K. Assist the COUNTY, at the DIRECTOR's express, written authorization, with
7 any claim resolution process involving the construction contractor and the COUNTY as
8 specified hereunder, including serving as a witness in connection with any public hearings
9 or legal proceeding, and also including dispute resolutions required by law or hereunder.
10 The parties recognize that this clause is provided as a means of expediting resolution of
11 claims among the construction contractor, the COUNTY, and the CONSULTANT. However,
12 it is understood the construction contractor is not an intended third-party beneficiary of this
13 clause. Compensation for these services shall be computed and invoiced at the same
14 hourly rates listed in Appendix E hereto, including travel costs that are being paid for the
15 CONSULTANT's personnel services under this Agreement. Any assistance provided by the
16 CONSULTANT as described in this Article 1, Section K shall be subject to the provisions of
17 Article 5 hereinafter, and shall also be subject to the following:
18 1. The DIRECTOR may believe the CONSULTANT'S work under this
19 Agreement to have included negligent errors or omissions, or that the CONSULTANT may
20 otherwise have failed to comply with the provisions of this Agreement, either generally or in
21 connection with its duties as associated with a particular PROJECT; and that the cause(s)
22 for a claim by the construction contractor may be attributable, in whole or in part, to such
23 conduct on the part of the CONSULTANT. Upon notice by the DIRECTOR, the payments to
24 the CONSULTANT for such arguably deficient services shall be held in suspense by the
25 COUNTY until a final determination has been made, of the proportion that the
26 CONSULTANT'S fault bears to the fault of all other parties concerned.
27 2. Such amounts held in suspense shall not be paid to the
28 CONSULTANT, pending the final determination as to the CONSULTANT'S proportional
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1 fault. However, the appropriate percentage of such amount held in suspense shall be paid
2 to the CONSULTANT, once a final determination has been made, and the CONSULTANT
3 thereafter submits a proper invoice to the COUNTY. Payment shall be issued in
4 accordance with the procedure outlined in Article 5, Section E, Paragraph 2.
5 L. The CONSULTANT'S personnel shall typically be assigned to and remain on
6 specific Department projects/deliverables until completion and acceptance of the
7 project/deliverables by the Department. Personnel assigned by the CONSULTANT shall be
8 available at the start of a Task Order and after acceptance of the project/deliverable by the
9 Department.
10 M. After the CONTRACT ADMINISTRATOR'S approval of the CONSULTANT'S
11 personnel proposal and finalization of a Task Order, the CONSULTANT may not add or
12 substitute personnel without the CONTRACT ADMINISTRATOR'S prior written approval.
13 2. OBLIGATIONS OF THE COUNTY
14 The COUNTY will:
15 A. Provide eligible consultants the opportunity to compete for Task Orders on a
16 project-by-project basis by providing a miniature Request for Proposal (mini-RFP), except
17 as specified under Section B. The CONSULTANT'S eligibility for project types, disciplines,
18 and services is listed in Appendix B.
19 B. The COUNTY reserves the right to suspend competition under this
20 AGREEMENT and engage the services of an eligible qualified consultant from the listing
21 attached as Appendix A, in the event that one or more of the following circumstances apply
22 to the needed work:
23 1. Service is available only from a single source
24 2. There is an emergency which will not permit the time necessary to
25 conduct competitive negotiations
26 3. After the mini-RFP is issued (as provided in the immediately preceding
27 Section A) competition is determined to be inadequate
28 4. Services of expert witnesses for litigation or special counsel to assist
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1 the County.
2 C. Issue Task Orders on a project-by-project basis. Task Orders will at a
3 minimum include scope of work, location, and schedule for the PROJECT.
4 D. Provide the CONSULTANT with a PROJECT Scope and Schedule, and
5 compensate the CONSULTANT as provided in this Agreement.
6 E. Provide an individual PROJECT ADMINISTRATOR to serve as a
7 representative of the COUNTY who will coordinate and communicate with the
8 CONSULTANT on all PROJECT technical work, to the extent appropriate, in an effort to
9 facilitate the CONSULTANT'S performance of its obligations in accordance with the
10 provisions of this Agreement.
11 F. Provide basic plan sheet layouts as required.
12 G. Examine documents submitted to the COUNTY by the CONSULTANT and
13 timely render decisions pertaining thereto.
14 H. Provide aerial photographs as required.
15 I. Provide copies of any available existing as-built plans and right-of-way
16 drawings from the COUNTY'S files.
17 J. Provide list of property owners with addresses for notification of property
18 owners upon the CONSULTANT'S request.
19 K. Provide preliminary engineering survey data on existing structures and
20 topographic mapping in the formats, quantities, and delivery methods delineated in
21 Appendix D to the CONSULTANT, if available.
22 L. Prepare all legal descriptions and drawings required for right-of-way
23 acquisition and/or temporary construction permits.
24 M. Provide limited assistance to CONSULTANT, as may be appropriate under
25 the circumstances, in connection with CONSULTANT'S processing of required permits.
26 N. Give reasonably prompt consideration to all matters submitted for approval by
27 the CONSULTANT in an effort to assist the CONSULTANT in avoiding any substantial
28 delays in the CONSULTANT'S program of work. An approval, authorization or request to
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1 the CONSULTANT given by the COUNTY will be binding upon the COUNTY under the
2 terms of this Agreement only if it is made in writing and signed on behalf of the COUNTY by
3 CONTRACT ADMINISTRATOR.
4 O. Not used.
5 3. TERM OF AGREEMENT
6 A. The term of this Agreement shall be for a period of five (5) years, commencing
7 upon execution by the COUNTY, through and including the fifth anniversary of the
8 execution date.
9 B. The CONSULTANT shall commence work promptly after receipt of a Notice to
10 Proceed or Task Order issued by the CONTRACT ADMINISTRATOR. The period of
11 performance for Task Orders shall be in accordance with dates specified in the Task Order.
12 No Task Order will be written which would extend the period of performance beyond the
13 expiration date of this Agreement, the maximum term of which shall not exceed five (5)
14 years.
15 4. TERMINATION
16 A. Non-Allocation of Funds / Funding Requirements
17 The terms and conditions of this Agreement, and the services to be provided
18 hereunder, are contingent on the approval of funds by the appropriating government
19 agency. Should sufficient funds not be allocated, the services provided may be modified, or
20 this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days
21 advance written notice. This Agreement may be terminated without cause at any time by
22 the COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this
23 Agreement, the CONSULTANT shall be compensated for services satisfactorily completed
24 to the date of termination based upon the compensation rates and subject to the maximum
25 amounts payable agreed to in Article 5, together with such additional services satisfactorily
26 performed after termination which are expressly authorized by the COUNTY to conclude
27 the work performed to date of termination.
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1 B. Breach of Contract
2 The COUNTY may immediately suspend or terminate this Agreement in whole or in
3 part, where in the determination of the COUNTY there is:
4 1. An illegal or improper use of funds;
5 2. A failure to comply with any term of this Agreement;
6 3. A substantially incorrect or incomplete report submitted to the COUNTY;
7 4. Improperly performed service.
8 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
9 of any breach of this Agreement or any default which may then exist on the part of the
10 CONSULTANT, nor shall any such payment impair or prejudice any remedy available to
11 the COUNTY with respect to the breach or default. The DIRECTOR shall have the right to
12 demand of the CONSULTANT the repayment to the COUNTY of any funds disbursed to
13 the CONSULTANT under this Agreement, which, in the sole judgment of the COUNTY
14 were not expended in accordance with the terms of this Agreement. The CONSULTANT
15 shall promptly refund any such funds upon demand. This Section survives the termination
16 of this Agreement.
17 C. Without Cause
18 Under circumstances other than those set forth above, this Agreement may be
19 terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
20 intention to terminate to CONTRACTOR.
21 5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS
22 A. Maximum Cumulative Amount Available
23 The COUNTY has or will enter into up to fifty (50) separate agreements, including
24 this Agreement, for performance of the Scope of Services identified hereinabove in Article
25 1, Section A and more thoroughly in Appendix B attached hereto. The other Agreements
26 are to be entered into by the COUNTY with the other consultant firms listed, together with
27 the CONSULTANT, on the list of consultant firms attached hereto as Appendix A. The total
28 amount payable by the COUNTY for all the Agreements combined shall not exceed a
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1 cumulative maximum total value of Twenty-two Million Two Hundred Thousand Dollars
2 ($22,200,000), which "Not to Exceed Sum" hereinafter shall be referenced as the "NTE
3 Sum".
4 It is understood and agreed that there is no guarantee, either expressed or implied,
5 that all or any specific portion of this maximum NTE Sum will be authorized under the On-
6 Call Engineering Consultant Agreements through Task Orders. It is further understood and
7 agreed that there is no guarantee, either expressed or implied, that any Task Order will be
8 assigned to the CONSULTANT or that the CONSULTANT will receive any payment
9 whatsoever, under the terms of this Agreement. Each time a Task Order is awarded under
10 any of the Agreements, the COUNTY shall send written notification to the CONSULTANT
11 and each of the other consultants that entered into the Agreements. Each such notice shall
12 identify the cumulative total of funds allocated under all Task Orders issued hereunder as
13 of that date, and the remaining unencumbered amount of the NTE Sum. The
14 CONSULTANT acknowledges and agrees that the COUNTY shall not pay any amount
15 under this Agreement that would cause the NTE Sum to be exceeded, and the
16 CONSULTANT shall not enter into a Task Order that exceeds the remaining
17 unencumbered amount of the NTE Sum.
18 B. Consultant Fee
19 1. The approved CONSULTANT's Cost Proposal is attached hereto
20 as Appendix E and incorporated by this reference as though fully set forth herein. If there is
21 any conflict between the provisions set forth in the text of this Agreement and the approved
22 Cost Proposal (Appendix E), this Agreement shall take precedence.
23 2. The hourly and cost rates listed in Appendix E for services
24 rendered by the CONSULTANT and subconsultants shall remain in effect for the entire
25 duration of this Agreement unless adjusted in accordance with the provisions of
26 Paragraphs 3, 5, or 6 of this Article 5, Section B.
27 3. The hourly rates paid for services performed by the CONSULTANT
28 and by subconsultants of the CONSULTANT and the rates for expenses incidental to the
11
1 CONSULTANT'S and its subconsultants' performance of services may be adjusted no
2 more than once annually for inflation, in accordance with the following provisions: the
3 CONSULTANT may request new labor rates and new rates for expenses incidental to the
4 CONSULTANT'S and subconsultant's performance of services subject to written approval
5 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article 5,
6 Section B. The CONSULTANT shall initiate the rate adjustment process by submitting to
7 the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The proposed
8 adjusted fee schedule shall include proposed hourly rates for all categories of the
9 CONSULTANT'S and any subconsultants' wage classifications and proposed rates for
10 incidental expenses listed in Appendix E. The proposed adjusted fee schedule shall not
11 take effect unless approved in writing by the CONTRACT ADMINISTRATOR. The
12 CONSULTANT hereby acknowledges its understanding that approval by the CONTRACT
13 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide
14 a basis for any increase in the NTE Sum as set forth in Article 5, Section A.
15 4. Expenses incidental to the CONSULTANT'S and any
16 subconsultant's performance of services under Article 5 of this Agreement shall be charged
17 at the rates listed in Appendix E, subject to any adjustments that may be approved in
18 accordance with Paragraphs 3, 5, or 6 of this Article 5, Section B. Unless incorporated in an
19 adjusted fee schedule approved by the CONTRACT ADMINISTRATOR in accordance with
20 Paragraphs 3, 5, or 6 of this Article 5, Section B, all other expenses incidental to the
21 CONSULTANT'S and any subconsultant's performance of the services under Article 1 of
22 this Agreement that are not specifically listed in Appendix E shall be borne by the
23 CONSULTANT.
24 5. In the event that, in accordance with Article 1, Section D, the
25 CONTRACT ADMINISTRATOR approves the CONSULTANT to retain additional
26 subconsultants not listed in Appendix H, hourly rates paid for services performed by such
27 additional subconsultants of the CONSULTANT and the rates for expenses incidental to
28 those additional subconsultants' performance of services may be adjusted no more than
12
1 once annually for inflation, in accordance with Article 5, Section B, Paragraph 3. The first
2 annual adjustment of hourly and incidental expense rates for such additional
3 subconsultants shall not be submitted for approval prior to one year after the CONTRACT
4 ADMINISTRATOR'S approval of the retention of such additional subconsultant(s) by the
5 CONSULTANT.
6 6. Notwithstanding any other provisions in this Agreement, the
7 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the
8 CONSULTANT'S or subconsultant's list of rates for incidental expenses to include
9 additional categories of such expenses if, in the opinion of the CONTRACT
10 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S
11 performance of the PROJECT(S).
12 7. Reimbursement for transportation and subsistence costs shall not
13 exceed the rates as specified in the approved Cost Proposal (Appendix E). The
14 CONSULTANT will be responsible for transportation and subsistence costs in excess of
15 State rates.
16 8. The consideration to be paid to CONSULTANT as provided herein,
17 shall be in compensation for all of CONSULTANT's expenses incurred in the performance
18 hereof, including travel and per diem, unless otherwise expressly so provided.
19 C. Not used
20 D. Retention
21 In addition to any amounts withheld under Article 3, the CONSULTANT agrees that
22 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five
23 percent (5%) retention from the earned compensation of the CONSULTANT. If the
24 CONTRACT ADMINISTRATOR determines that retention will not be withheld for a
25 PROJECT, the CONTRACT ADMINISTRATOR will so state in writing prior to
26 commencement of the PROJECT by the CONSULTANT. The CONTRACT
27 ADMISTRATOR will identify in writing prior to commencement of the PROJECT the
28
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1 PROJECT-specific prerequisites (such as successful completion of a PROJECT phase, as
2 an example) for the release of retentions.
3 E. Payments
4 1. Progress payments will be made by the COUNTY upon receipt of the
5 CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR
6 thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the
7 respective components of the assigned PROJECT. Invoices shall clearly identify the
8 PROJECT by Name(s), the Phase and Task(s) comprising the work that is the subject of
9
the invoice, the Notice to Proceed or Task Order number, and the date(s) on which the
10
work was performed. Invoices shall be submitted together with the documentation identified
11
below in Paragraph 5 of this Article 5, Section E. Invoices shall be forwarded electronically
12
to: PWPBusinessOffice(ufresnocountyca.gov
13
2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR
14
will take a maximum of ten (10) working days to review, approve, and submit it to the
15
16 COUNTY Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
17 will be returned to the CONSULTANT for correction and resubmittal. Payment, less
18 retention, if applicable, will be issued to the CONSULTANT within forty five (45) calendar
19 days of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved
20 invoice.
21 3. The COUNTY is entitled to withhold a five percent (5%) retention
22 from the CONSULTANT'S earned compensation in accordance with the provisions of
23 Article 5, Section D of this Agreement.
24 4. An unresolved dispute over a possible error or omission may cause
25 payment of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
26 5. Concurrently with the invoices, the CONSULTANT shall certify
27 (through copies of issued checks, receipts, or other COUNTY pre-approved
28
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1 documentation) that complete payment, less a five percent (5%) retention if applicable, has
2 been made to all subconsultants as provided herein for all previous invoices paid by the
3 COUNTY. However, the parties do not intend that the foregoing creates, as to any
4 subconsultants or subcontractors, any purported third-party beneficiary status or any third-
5 party beneficiary rights whatsoever, and the parties do hereby expressly disclaim any such
6 status or rights.
7 6. Final invoices, and separate invoices for retentions, shall be
8 submitted to CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase
9
is completed. Payment for retentions, if any, shall not be made until all services for the
10
phase are completed.
11
7. In the event the DIRECTOR reduces the scope of the
12
CONSULTANT'S work under this Agreement for a specific PROJECT (or discontinues a
13
specific PROJECT), whether due to a deficiency in the appropriation of anticipated funding
14
15 or otherwise, the CONSULTANT will be compensated on a pro rata basis for actual work
16 completed and accepted by the DIRECTOR in accordance with the terms of this
17 Agreement.
18 8. Credits due CONSULTANT that include any equipment purchased
19 under the provisions of Article 26 Equipment Purchase, must be reimbursed by
20 CONSULTANT prior to the expiration or termination of this Agreement.
21 F. Notice to Proceed / Task Orders / Project Cost Proposal
22 1. Upon the acceptance of a project proposal submitted by the
23 CONSULTANT in accordance with the provisions of Article 1, Section I, and if an
24 agreement has been reached on the negotiable items and total cost in connection
25 therewith, then a specific PROJECT will be assigned to the CONSULTANT through
26 issuance by the CONTRACT ADMINISTRATOR of one or more Task Orders or Notices to
27 Proceed (NTP). Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for
28
15
1 specific rates of compensation, both of which must be based on the labor and other rates
2 set forth in the CONSULTANT's approved Cost Proposal (Appendix E to this Agreement).
3 2. A Project Cost Proposal is of no force or effect and no expenditures
4 are authorized on a PROJECT and work shall not commence until a Notice to Proceed for
5 that PROJECT has been issued by the COUNTY.
6 3. If the CONSULTANT fails to satisfactorily complete a deliverable
7 according to the schedule set forth in a Task Order, no payment will be made until the
8
deliverable has been satisfactorily completed.
9
4. When milestone or phase cost estimates are included in the Project
10
Cost Proposal and/or Task Order, the CONSULTANT shall obtain prior written approval for
11
a revised Project Cost Proposal from the CONTRACT ADMINISTRATOR before exceeding
12
such estimate.
13
5. The CONSULTANT shall not commence performance of any work or
14
15 services hereunder until this Agreement has been formally approved by the COUNTY and
16 Notice to Proceed on a specific PROJECT has been issued by the COUNTY's CONTRACT
17 ADMINISTRATOR. No payment will be made prior to approval or for any work performed
18 by the CONSULTANT prior to the COUNTY'S formal approval of this Agreement.
19 6. The period of performance for each Notice to Proceed shall be in
20 accordance with dates specified in the Notice to Proceed. Consistent with the provisions of
21 Article 3, Section B, no Notice to Proceed will be issued that would extend the
22 CONSULTANT'S period of performance beyond the expiration date of this Agreement.
23 7. Notices to Proceed may not be used to amend any provision of this
24 Agreement or to expand the scope of the CONSULTANT'S work as authorized under the
25 provisions of this Agreement.
26 6. INDEPENDENT CONTRACTOR
27 A. In performance of the work, duties and obligations assumed by the CONSULTANT
28
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1 under this Agreement, it is mutually understood and agreed that the CONSULTANT, including
2 any and all of the CONSULTANT'S officers, agents, and employees will at all times be acting
3 and performing as an independent contractor, and shall act in an independent capacity and
4 not as an officer, agent, servant, employee, joint venturer, partner, or associate of the
5 COUNTY. Furthermore, the COUNTY shall have no right to control or supervise or direct the
6 manner or method by which the CONSULTANT shall perform its work and function. However,
7 the COUNTY shall retain the right to administer this Agreement so as to verify that the
8 CONSULTANT is performing its obligations in accordance with the terms and conditions
9 thereof.
10 B. The CONSULTANT and the COUNTY shall comply with all applicable provisions of
11 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
12 matters the subject thereof.
13 C. Because of its status as an independent contractor, the CONSULTANT shall have
14 absolutely no right to employment rights and benefits available to COUNTY employees. The
15 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its
16 employees all legally-required employee benefits. In addition, the CONSULTANT shall be
17 solely responsible and save the COUNTY harmless from all matters relating to payment of the
18 CONSULTANT'S employees, including compliance with Social Security withholding and all
19 other regulations governing such matters. It is acknowledged that during the term of this
20 Agreement, the CONSULTANT may be providing services to others unrelated to the
21 COUNTY or to this Agreement.
22 7. MODIFICATION / CHANGE IN TERMS
23 A. This Agreement may be amended or modified only by mutual written agreement
24 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article
25 7, Section C, and Article 16, Section A, any such written amendment to this Agreement
26 may be approved on the COUNTY's behalf only by its Board of Supervisors.
27 B. The CONSULTANT shall only commence work covered by an amendment after
28 the amendment has been fully executed and written notification to proceed has been
17
1 issued by the CONTRACT ADMINISTRATOR.
2 C. There shall be no change in CONSULTANT's Project Manager or members of the
3 project team, as listed in Appendix A and the approved Cost Proposal (Appendix E, which
4 is incorporated as a part of this Agreement as provided in Article 5, Section 1), without prior
5 written approval by the COUNTY's CONTRACT ADMINISTRATOR. Any substitutions of
6 personnel must be approved in advance by the CONTRACT ADMINISTRATOR, which
7 approval shall not be unreasonably withheld. The CONSULTANT shall notify the
8 CONTRACT ADMINISTRATOR of the names and classifications of employees assigned to
9 each specific PROJECT and shall not reassign such employees to other projects of the
10 CONSULTANT without notification to and prior approval by the CONTRACT
11 ADMINISTRATOR.
12 8. NON-ASSIGNMENT
13 Neither party shall assign, transfer or sub-contract this Agreement or any of its
14 respective rights or duties under this Agreement hereunder, without the prior written
15 consent of the other party.
16 9. HOLD HARMLESS
17 A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY,
18 its officers, agents, and employees, against the payment of any and all costs and expenses
19 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and
20 liability for bodily and personal injury to or death of any person or for loss of any property,
21 economic loss or otherwise resulting from or arising out of any negligent or wrongful acts,
22 errors or omissions of the CONSULTANT, its officers, agents, and employees, in
23 performing or failing to perform any work, services, or functions under this Agreement.
24 Provided, however, and notwithstanding the immediately preceding sentence, with respect
25 to any PROJECT on which the CONSULTANT has provided design professional services
26 as defined by Civil Code Section 2782.8(c), the CONSULTANT has no obligation to pay for
27 any defense related cost prior to a final determination of its liability, based upon the
28 percentage of comparative fault (if any) finally determined to be attributable to the
18
1 CONSULTANT'S negligence, recklessness or willful misconduct. Following any such
2 determination, the CONSULTANT shall be responsible to pay to the COUNTY the dollar
3 amount of all such defense costs incurred by the COUNTY that is commensurate with the
4 finally determined percentage of the CONSULTANT'S liability, based upon the final
5 determination of the CONSULTANT'S comparative fault. The provisions of this Article 9,
6 Section A shall survive termination of this Agreement.
7 B. The COUNTY and the CONSULTANT hereby declare their mutual intent to
8 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the
9 negligent performance or failure to perform of any COUNTY construction contractor (or its
10 subcontractor(s)) involved in the construction of any PROJECT(S). Such cooperation may
11 include an agreement to prepare and present a cooperative defense after consultation with
12 the CONSULTANT'S professional liability insurance carrier.
13 10. LIABILITY INSURANCE
14 Without limiting the COUNTY'S right to obtain indemnification from the
15 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain
16 in full force and effect, the following insurance policies prior to commencement of any work
17 for the COUNTY and, thereafter, throughout the entire term of this Agreement (with the
18 exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full
19 force and effect for the additional period of time required by Article 20, Section A,
20 Paragraph 4).
21 A. Commercial General Liability
22 Commercial General Liability Insurance with limits of not less than Two Million
23 Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four
24 Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. The
25 COUNTY may require specific coverages including completed operations, products liability,
26 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
27 insurance deemed necessary because of the nature of this Agreement.
28
19
1 B. Automobile Liability
2 Comprehensive Automobile Liability Insurance with limits of not less than One
3 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages.
4 Coverage should include auto used in connection with this Agreement.
5 C. Professional Liability Insurance:
6 1. If the CONSULTANT employs licensed professional staff in providing
7 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00)
8 per claim, Three Million Dollars ($3,000,000.00) annual aggregate.
9 2. The Professional Liability Insurance shall be kept in full force and
10 effect for a period of five (5) years from the date of substantial completion of the
11 CONSULTANT'S work as determined by the COUNTY.
12 D. Worker's Compensation
13 A policy of Worker's Compensation insurance as may be required by the California
14 Labor Code.
15 E. Additional Requirements Relating to Insurance
16 The CONSULTANT shall obtain endorsements to the Commercial General Liability
17 insurance naming the County of Fresno, its officers, agents, and employees, individually and
18 collectively, as additional insured, but only insofar as the operations under this Agreement
19 are concerned. Such coverage for additional insured shall apply as primary insurance and
20 any other insurance, or self-insurance, maintained by the COUNTY, its officers, agents, and
21 employees shall be excess only and not contributing with insurance provided under the
22 CONSULTANT's policies required herein. This insurance shall not be cancelled or changed
23 without a minimum of thirty (30) days advance written notice given to the COUNTY.
24 The CONSULTANT hereby waives its right to recover from the COUNTY, its officers,
25 agents, and employees any amounts paid by the policy of worker's compensation insurance
26 required by this Agreement. The CONSULTANT is solely responsible to obtain an
27 endorsement to such policy that may be necessary to accomplish such waiver of subrogation,
28
20
1 but the CONSULTANT's waiver of subrogation under this paragraph is effective whether o
2 not the CONSULTANT obtains such an endorsement.
3 Prior to commencing any such work under this Agreement, the CONSULTANT shall
4 provide certificates of insurance and endorsements as stated above for all of the foregoing
5 policies, as required herein, to the County of Fresno, Erin Haagenson, Principal Staff Analyst,
6 2220 Tulare St., Sixth Floor, Fresno, CA 93721, stating that such insurance coverages have
7 been obtained and are in full force; that the County of Fresno, its officers, agents and
8 employees will not be responsible for any premiums on the policies; that for such worker's
9 compensation insurance the CONSULTANT has waived its right to recover from the
10 COUNTY, its officers, agents, and employees any amounts paid under the insurance policy
11 and that waiver does not invalidate the insurance policy; that such Commercial General
12 Liability insurance names the County of Fresno, its officers, agents and employees,
13 individually and collectively, as additional insured, but only insofar as the operations under
14 this Agreement are concerned; that such coverage for additional insured shall apply as
15 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY,
16 its officers, agents and employees, shall be excess only and not contributing with insurance
17 provided under the CONSULTANT's policies herein; and that this insurance shall not be
18 cancelled or changed without a minimum of thirty (30) days advance, written notice given to
19 the COUNTY.
20 All policies shall be issued by admitted insurers licensed to do business in the State
21 of California, and such insurance shall be purchased from companies possessing a current
22 A.M. Best, Inc. rating of A FSC VII or better.
23 The CONSULTANT agrees that the bodily injury liability insurance herein provided
24 for, shall be in effect at all times during the term of this Agreement. In the event said
25 insurance coverage expires at any time or times during the term of this Agreement,
26 CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said
27 expiration date; and a new Certificate of Insurance evidencing insurance coverage as
28 provided for herein, for not less than either the remainder of the term of the Agreement, or
21
1 for a period of not less than one (1) year. New Certificates of Insurance are subject to the
2 approval of COUNTY.
3 In the event the CONSULTANT fails to keep in effect at all times the insurance
4 coverages as required by this Article 10, the COUNTY may, in addition to any other
5 remedies it may have, suspend or terminate this Agreement upon occurrence of such
6 failure, or may purchase such insurance coverage and charge the cost of the coverage to
7 the CONSULTANT. The COUNTY may offset such charges against any amounts owed by
8 the COUNTY to the CONSULTANT under this Agreement.
9 11. AUDITS / RETENTION OF RECORD
10 A. The CONSULTANT shall at any time during business hours, and as often as the
11 COUNTY may deem necessary, make available to the COUNTY for examination all of its
12 records and data with respect to the matters covered by this Agreement. The
13 CONSULTANT shall, upon request by the COUNTY, permit the COUNTY to audit and
14 inspect all of such records and data, including but not limited to, the costs of administering
15 this Agreement, necessary to ensure the CONSULTANT'S compliance with the terms of
16 this Agreement (and compliance with Public Contract Code 10115, et seq. and Title 21,
17 California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable).
18 B. For the purpose of determining compliance with Gov. Code § 8546.7, the
19 CONSULTANT, its subconsultants, and COUNTY shall maintain all books, documents,
20 papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and
21 other evidence pertaining to the performance of the Agreement including, but not limited to,
22 the costs of administering the Agreement. All parties, including the CONSULTANT's
23 Independent CPA, shall make such workpapers and materials available at their respective
24 offices at all reasonable times during the Agreement period and for three (3) years from the
25 date of final payment under the Agreement. The COUNTY, Caltrans Auditor, FHWA, or any
26 duly authorized representative of the Federal government having jurisdiction under Federal
27 laws or regulations (including without limitation when such jurisdiction is based upon
28 Federal funding of the PROJECT in whole or in part) shall have access to any books,
22
1 records, and documents of the CONSULTANT, its subconsultants, and the
2 CONSULTANT's Independent CPA, that are pertinent to the Agreement for audits,
3 examinations, workpaper review, excerpts, and transactions, and copies thereof shall be
4 furnished if requested without limitation. It shall be the responsibility of the CONSULTANT
5 to ensure that all subcontracts in excess of $25,000 shall contain this provision.
6 C. This Article 11 survives the termination of this Agreement.
7 12. NOTICES
8 The delivery of all notices hereunder and communications regarding interpretation of
9 the terms of this Agreement and any proposed changes thereto, shall be accomplished by
10 sending an e-mail, addressed to the CONTRACT ADMINISTRATOR and the
11 CONSULTANT'S PROJECT MANAGER as identified on Pages 3 and 4 of this Agreement.
12 For all claims arising out of or related to this Agreement, nothing in this section establishes,
13 waives, or modifies any claims presentation requirements or procedures provided by law,
14 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
15 Government Code, beginning with section 810).
16 13. GOVERNING LAW
17 Venue for any action arising out of or related to this Agreement shall only be in
18 Fresno County, California.
19 The rights and obligations of the parties and all interpretation and performance of
20 this Agreement shall be governed in all respects by the laws of the State of California.
21 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
22 This provision is only applicable if the CONSULTANT is operating as a corporation
23 (a for-profit or non-profit corporation) or if during the term of this Agreement, the
24 CONSULANT changes its status to operate as a corporation. Members of the
25 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they
26 are a party to while the CONSULTANT is providing goods or performing services under this
27 Agreement. A self-dealing transaction shall mean a transaction to which the CONSULTANT
28 is a party and in which one or more of its directors has a material financial interest.
23
1 Members of the Board of Directors shall disclose any self-dealing transactions that they are
2 a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached
3 hereto as Appendix G and incorporated herein by reference, and submitting it to the
4 COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
5 15. ELECTRONIC SIGNATURE
6 The parties agree that this Agreement may be executed by electronic signature as
7 provided in this section.
8 A. An "electronic signature" means any symbol or process intended by an
9 individual signing this Agreement to represent their signature, including but not limited to:
10 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an
11 electronically scanned and transmitted (for example by PDF document) version of an
12 original handwritten signature.
13 B. Each electronic signature affixed or attached to this Agreement: (1) is
14 deemed equivalent to a valid original handwritten signature of the person signing this
15 Agreement for all purposes, including but not limited to evidentiary proof in any
16 administrative or judicial proceeding; and (2) has the same force and effect as the valid
17 original handwritten signature of that person.
18 C. The provisions of this section satisfy the requirements of Civil Code section
19 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
20 Part 2, Title 2.5, beginning with section 1633.1).
21 D. Each party using a digital signature represents that it has undertaken and
22 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs
23 (1) through (5), and agrees that each other party may rely upon that representation.
24 E. This Agreement is not conditioned upon the parties conducting the
25 transactions under it by electronic means and either party may sign this Agreement with an
26 original handwritten signature.
27 16. SUBCONSULTANTS
28 A. The CONSULTANT may retain, as subconsultants, specialists in such
24
1 engineering disciplines (including, but not limited to, structural, mechanical, transportation,
2 environmental, water resources, electrical, surveying and geotechnical) as the
3 CONSULTANT requires to assist in completing the work. The subconsultants listed in
4 Appendix H, attached hereto and incorporated herein, shall be considered as approved by
5 the CONTRACT ADMINISTRATOR. Any other subconsultants proposed for use by the
6 CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before
7 they are retained by the CONSULTANT, which approval shall not be unreasonably
8 withheld.
9 B. Should the CONSULTANT retain any subconsultants, the maximum amount o
10 compensation to be paid to the CONSULTANT under Article 5 shall not be increased. Any
11 additional compensation to be paid to the CONSULTANT for such subconsultants' work
12 shall be limited to administrative time as defined in the fee proposal. Additional fees other
13 than those defined in the fee proposal shall not be reimbursed.
14 C. CONSULTANT shall be as fully responsible to the COUNTY for the negligent
15 acts and omissions of its contractors and subcontractors or subconsultants, and of persons
16 either directly or indirectly employed by them, in the same manner as persons directly
17 employed by CONSULTANT.
18 D. Nothing contained in this Agreement shall create any contractual relationship
19 between the COUNTY and any of the CONSULTANT'S subconsultants, and no
20 subconsultant agreement shall relieve the CONSULTANT of any of its responsibilities and
21 obligations hereunder. The CONSULTANT agrees to be as fully responsible to the
22 COUNTY for the acts and omissions of its subconsultants and of persons either directly or
23 indirectly employed by any of them as it is for the acts and omissions of persons directly
24 employed by the CONSULTANT. The CONSULTANT'S obligation to pay its subconsultants
25 is a separate and independent obligation that is entirely unrelated to the COUNTY's
26 obligation to make payments to the CONSULTANT.
27 E. The CONSULTANT shall perform the work contemplated with resources
28 available within its own organization; and no portion of the work pertinent to this contract
25
1 shall be subcontracted without prior written authorization by the CONTRACT
2 ADMINISTRATOR, excepting only those portions of the work and the responsible
3 subconsultants that are expressly identified in Appendix H.
4 F. Any subcontract in excess of $25,000 entered into as a result of this
5 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to
6 subcontractors.
7 G. The CONSULTANT shall pay its subconsultants within fifteen (15) calendar
8 days from receipt of each progress payment made to the CONSULTANT by the COUNTY.
9 H. Any substitution of subconsultant(s) must be approved in writing by the
10 CONTRACT ADMINISTRATOR in advance of assigning work to a substitute
11 Subconsultant.
12 I. Prompt Progress Payment
13 The CONSULTANT or subconsultant shall pay to any subconsultant, not later than
14 fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in
15 writing, the respective amounts allowed CONSULTANT on account of the work performed
16 by the subconsultants, to the extent of each subconsultant's interest therein. In the event
17 that there is a good faith dispute over all or any portion of the amount due on a progress
18 payment from the CONSULTANT or subconsultant to a subconsultant, the CONSULTANT
19 or subconsultant may withhold no more than 150 percent of the disputed amount. Any
20 violation of this requirement shall constitute a cause for disciplinary action and shall subject
21 the licensee to a penalty, payable to the subconsultant, of two percent (2%) of the amount
22 due per month for every month that payment is not made.
23 In any action for the collection of funds wrongfully withheld, the prevailing party shall
24 be entitled to his or her attorney's fees and costs. The sanctions authorized under this
25 requirement shall be separate from, and in addition to, all other remedies, either civil,
26 administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
27 J. Prompt Payment of Withheld Funds to Subconsultants
28 The COUNTY may hold retainage from the CONSULTANT as provided in Article 5,
26
1 Section D.
2 1. If the COUNTY has elected to hold retainage for a PROJECT under
3 Article 5, Section D, the COUNTY shall hold retainage from the CONSULTANT and shall
4 make prompt and regular incremental acceptances of portions, as determined by the
5 COUNTY of the contract work and pay retainage to the CONSULTANT based on these
6 acceptances. The CONSULTANT or subconsultant shall return all monies withheld in
7 retention from all subconsultants within 15 days after receiving payment for work
8 satisfactorily completed and accepted including incremental acceptances of portions of the
9 contract work by the COUNTY. Any delay or postponement of payment may take place
10 only for good cause and with the COUNTY's prior written approval, in order to ensure
11 prompt and full payment of any retainage kept by the CONSULTANT or subconsultant to a
12 subconsultant.
13 Any violation of these provisions shall subject the violating CONSULTANT or
14 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of
15 the California Civil Code. This requirement shall not be construed to limit or impair any
16 contractual, administrative or judicial remedies otherwise available to the CONSULTANT or
17 subconsultant in the event of a dispute involving late payment or nonpayment by the
18 CONSULTANT or deficient subconsultant performance and/or noncompliance by a
19 subconsultant. This clause applies to both DBE and non-DBE subconsultants.
20 2. If the COUNTY has elected not to hold retainage for a PROJECT under
21 Article 5, Section D, no retainage will be held by the COUNTY from progress payments due
22 to the CONSULTANT; and in such case, the CONSULTANT and its subconsultants are
23 prohibited from holding retainage from their subconsultants. Any delay or postponement of
24 payment may take place only for good cause and with the COUNTY'S prior written
25 approval.
26 Any violation of these provisions shall subject the violating CONSULTANT or
27 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of
28 the California Civil Code. This requirement shall not be construed to limit or impair any
27
1 contractual, administrative or judicial remedies otherwise available to the CONSULTANT or
2 subconsultant in the event of a dispute involving late payment or nonpayment by the
3 CONSULTANT, or deficient subconsultant performance and/or noncompliance by a
4 subconsultant. This clause applies to both DBE and non-DBE subconsultants.
5 17. CONFLICT OF INTEREST
6 A. The CONSULTANT shall comply with the provisions of the Fresno County
7 Department of Public Works and Planning Conflict of Interest Code, attached hereto as
8 Appendix I and incorporated herein by this reference. Such compliance shall include the
9 filing of annual statements pursuant to the regulations of the State Fair Political Practices
10 Commission including, but not limited to, portions of Form 700.
11 B. During the term of this Agreement, the CONSULTANT shall disclose any
12 financial, business, or other relationship with the COUNTY that may have an impact upon
13 the outcome of this contract, or any ensuing COUNTY construction project. The
14 CONSULTANT shall also list current clients who may have a financial interest in the
15 outcome of this contract, or any ensuing COUNTY construction project, which will follow.
16 C. The CONSULTANT certifies that it has disclosed to the COUNTY any actual,
17 apparent, or potential conflicts of interest that may exist relative to the services to be
18 provided pursuant to this AGREEMENT. The CONSULTANT agrees to advise the
19 COUNTY of any actual, apparent or potential conflicts of interest that may develop
20 subsequent to the date of execution of this AGREEMENT. The CONSULTANT further
21 agrees to complete any statements of economic interest if required by either COUNTY
22 ordinance or State law.
23 D. The CONSULTANT hereby certifies that it does not now have nor shall it acquire
24 any financial or business interest that would conflict with the performance of services under
25 this AGREEMENT.
26 E. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant
27 and any firm affiliated with the CONSULTANT or subconsultant that bids on any
28 construction contract or on any Agreement to provide construction inspection for any
28
1 construction project resulting from this AGREEMENT, has established necessary controls
2 to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to
3 the control of the same persons, through joint ownership or otherwise.
4 F. The CONSULTANT and affiliated subconsultants shall not submit bids, or sub-
s bids, for the contract construction phase of the PROJECT(S) assigned to the
6 CONSULTANT. The CONSULTANT and its subconsultants, and all other service providers,
7 shall not provide any PROJECT-related services for, or receive any PROJECT-related
8 compensation from any construction contractor, subcontractor or service provider awarded
9 a construction contract (hereinafter referred to as "contractor") for all or any portion of the
10 PROJECT(S) for which the CONSULTANT provides services hereunder. The
11 CONSULTANT and its subconsultants, and all other service providers, may provide
12 services for, and receive compensation from a contractor who has been awarded a
13 construction contract for all or any portion of the PROJECT(S), provided that any such
14 services which are rendered, and any compensation which is received therefor, relates to
15 work outside the scope of the AGREEMENT and does not pose a conflict of interest.
16 G. Except for subconsultants or subcontractors whose services are limited to
17 providing surveying or materials testing information, no subcontractor who has provided
18 design services in connection with this contract shall be eligible to bid on any construction
19 contract, or on any contract to provide construction inspection for any construction project
20 resulting from this contract; provided, however, that this shall not be construed as
21 disallowing subcontractors who have provided design services for the PROJECT from
22 performing, pursuant to this Agreement or other agreement with the COUNTY, construction
23 inspection services on behalf of the COUNTY for the PROJECT.
24 18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES
25 A. Definitions:
26 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
27 professional services, acting as a business entity (owner, partnership, corporation, joint
28 venture or other business association) in accordance with the terms of an agreement with
29
1 the COUNTY.
2 2. A "Claim" is a demand or assertion by one of the parties seeking, as a
3 matter of right, adjustment or interpretation of contract terms, payment of money, extension
4 of time, change orders, or other relief with respect to the terms of the contract. The term
5 "Claim" also includes other disputes and matters in question between the COUNTY and the
6 CONSULTANT arising out of or relating to the contract. Claims must be made by written
7 notice. The provisions of Government Code section 901, et seq., shall apply to every claim
8 made to the COUNTY. The responsibility to substantiate claims shall rest with the party
9 making the claim. The term "Claim" also includes any allegation of an error or omission by
10 the CONSULTANT.
11 B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the
12 following procedures are established in the event of any claim or dispute alleging a
13 negligent error, act, or omission, of the CONSULTANT.
14 1. Claims, disputes or other matters in question between the parties, arising
15 out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject
16 to the following procedures.
17 2. The COUNTY and the CONSULTANT shall meet and confer and attempt
18 to reach agreement on any dispute, including what damages have occurred, the measure
19 of damages and what proportion of damages, if any, shall be paid by either party. The
20 parties agree to consult and consider the use of mediation or other form of dispute
21 resolution prior to resorting to litigation.
22 3. If the COUNTY and the CONSULTANT cannot reach agreement under
23 Article 18, Section B, Paragraph 2, the disputed issues may, upon concurrence by all
24 parties, be submitted to a panel of three (3) for a recommended resolution. The
25 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the
26 third member shall be selected by the other two panel members. The discovery rights
27 provided by California Code of Civil Procedure for civil proceedings shall be available and
28 enforceable to resolve the disputed issues. Either party requesting this dispute resolution
30
1 process shall, when invoking the rights to this panel, give to the other party a notice
2 describing the claims, disputes and other matters in question. Prior to twenty (20) working
3 days before the initial meeting of the panel, both parties shall submit all documents such
4 party intends to rely upon to resolve such dispute. If it is determined by the panel that any
5 party has relied on such documentation but has failed to previously submit such
6 documentation on a timely basis to the other party, the other party shall be entitled to a 20-
7 working-day continuance of such initial meeting of the panel. The decision by the panel is
8 not a condition precedent to arbitration, mediation or litigation.
9 4. Upon receipt of the panel's recommended resolution of the disputed
10 issue(s), the COUNTY and the CONSULTANT shall again meet and confer and attempt to
11 reach agreement. If the parties still are unable to reach agreement, each party shall have
12 recourse to all appropriate legal and equitable remedies.
13 C. The procedures to be followed in the resolution of claims and disputes may be
14 modified any time by mutual agreement of the parties hereto.
15 D. The CONSULTANT shall continue to perform its obligations under this
16 Agreement pending resolution of any dispute, and the COUNTY shall continue to make
17 payments of all undisputed amounts due under this Agreement.
18 E. When a claim by either party has been made alleging the CONSULTANT'S
19 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and
20 confer within twenty-one (21) working days after the written notice of the claim has been
21 provided.
22 19. OWNERSHIP OF DATA
23 A. All documents, including preliminary documents, calculations, and survey data,
24 required in performing services under this Agreement shall be submitted to, and shall
25 remain at all times the property of the COUNTY regardless of whether they are in the
26 possession of the CONSULTANT or any other person, firm, corporation or agency.
27 B. The CONSULTANT understands and agrees the COUNTY shall retain full
28 ownership rights of the drawings and work product of the CONSULTANT for the PROJECT,
31
1 to the fullest extent permitted by law. In this regard, the CONSULTANT acknowledges and
2 agrees the CONSULTANT'S services are on behalf of the COUNTY and are "works made
3 for hire," as that term is defined in copyright law, by the COUNTY; that the drawings and
4 work product to be prepared by the CONSULTANT are for the sole and exclusive use of
5 the COUNTY, and that the COUNTY shall be the sole owner of all patents, copyrights,
6 trademarks, trade secrets and other rights and contractual interests in connection therewith
7 which are developed and compensated solely under this Agreement; that all the rights, title
8 and interest in and to the drawings and work product will be transferred to the COUNTY by
9 the CONSULTANT to the extent the CONSULTANT has an interest in and authority to
10 convey such rights; and the CONSULTANT will assist the COUNTY to obtain and enforce
11 patents, copyrights, trademarks, trade secrets, and other rights and contractual interests
12 relating to said drawings and work product, free and clear of any claim by the
13 CONSULTANT or anyone claiming any right through the CONSULTANT. The
14 CONSULTANT further acknowledges and agrees the COUNTY's ownership rights in such
15 drawings or work product, shall apply regardless of whether such drawings or work product,
16 or any copies thereof, are in possession of the CONSULTANT, or any other person, firm,
17 corporation, or entity. For purposes of this Agreement the terms "drawings and work
18 product" shall mean all reports and study findings commissioned to develop the PROJECT
19 design, drawings and schematic or preliminary design documents, certified reproducibles of
20 the original final construction contract drawings, specifications, the approved estimate,
21 record drawings, as-built plans, and discoveries, developments, designs, improvement,
22 inventions, formulas, processes, techniques, or specific know-how and data generated or
23 conceived or reduced to practice or learning by the CONSULTANT, either alone or jointly
24 with others, that result from the tasks assigned to the CONSULTANT by the COUNTY
25 under this Agreement.
26 C. If this Agreement is terminated during or at the completion of any phase under
27 Article 3, electronic and reproducible copies of report(s) or preliminary documents shall be
28 submitted by the CONSULTANT to the COUNTY, which may use them to complete the
32
1 PROJECT(S) at a future time.
2 D. If the PROJECT is terminated at the completion of a construction document
3 phase of the PROJECT, electronic and certified reproducibles on 4 mil thick double matte
4 film of the original final construction contract drawings, specifications, and approved
5 engineer's estimate shall be submitted by the CONSULTANT to the COUNTY.
6 E. Documents, including drawings and specifications, prepared by the
7 CONSULTANT pursuant to this Agreement are intended to be suitable for reuse by the
8 COUNTY or others on extensions of the services provided for PROJECT. Any use of
9 completed documents for projects other than PROJECT(S) and/or any use of uncompleted
10 documents will be at the COUNTY'S sole risk and without liability or legal exposure to the
11 CONSULTANT.
12 The electronic files provided by the CONSULTANT to the COUNTY are submitted
13 for an acceptance period lasting until the expiration of this Agreement (i.e., throughout the
14 duration of the contract term, including any extensions). Any defects the COUNTY
15 discovers during such acceptance period will be reported to the CONSULTANT and will be
16 corrected as part of the CONSULTANT'S "Basic Scope of Work."
17 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising out
18 of, or connected with (1) the modification or misuse by the COUNTY or anyone authorized
19 by the COUNTY, of such CAD data, or (2) decline of accuracy or readability of CAD data
20 due to inappropriate storage conditions or duration; or (3) any use by the COUNTY, or
21 anyone authorized by the COUNTY, of such CAD data or other PROJECT documentation
22 for additions to the PROJECT for the completion of the PROJECT by others, or for other
23 projects; except to the extent that said use may be expressly authorized, in writing, by the
24 CONSULTANT.
25 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the
26 copyrighting of reports or other products. If copyrights are permitted, the CONSULTANT
27 hereby agrees and this Agreement shall be deemed to provide that the Federal Highway
28 Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce,
33
1 publish, or otherwise use, and to authorize others to use, the work for government
2 purposes.
3 20. CONSULTANT'S LEGAL AUTHORITY
4 The CONTRACTOR represents and warrants to the COUNTY that:.
5 A. The CONTRACTOR is duly authorized and empowered to sign and perform
6 its obligations under this Agreement; and
7 B. The individual signing this Agreement on behalf of the CONTRACTOR is duly
8 authorized to do so and his or her signature on this Agreement legally binds the
9 CONTRACTOR to the terms of this Agreement.
10 21. BINDING UPON SUCCESSORS
11 This Agreement shall be binding upon and inure to the benefit of the parties and
12 their respective successors in interest, assigns, legal representatives, and heirs.
13 22. SEVERABILITY
14 If any part of this Agreement is determined by a court of competent jurisdiction to be
15 unlawful or otherwise unenforceable, then this Agreement shall be construed as not
16 containing such provision, and all other provisions which are otherwise lawful shall remain
17 in full force and effect, and to this end the provisions of this Agreement are hereby declared
18 to be severable.
19 23. STATE PREVAILING WAGE RATES
20 A. No CONSULTANT or Subconsultant may be awarded an Agreement containing
21 public work elements unless registered with the Department of Industrial Relations (DIR)
22 pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the
23 entire term of this Agreement, including any subsequent amendments.
24 B. The CONSULTANT shall comply with all of the applicable provisions of the
25 California Labor Code requiring the payment of prevailing wages. The General Prevailing
26 Wage Rate Determinations applicable to work under this Agreement are available from the
27 Department of Industrial Relations website http://www.dir.ca.gov. These wage rates are
28
34
1 made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and
2 will be applicable to work performed at a construction project site. Prevailing wages will be
3 applicable to all inspection work performed at COUNTY construction sites, at COUNTY
4 facilities and at off-site locations that are set up by the construction contractor or one of its
5 subcontractors solely and specifically to serve COUNTY projects. Prevailing wage
6 requirements do not apply to inspection work performed at the facilities of vendors and
7 commercial materials suppliers that provide goods and services to the general public.
8 C. Payroll Records
9 1. Each CONSULTANT and Subconsultant shall keep accurate certified
10 payroll records and supporting documents as mandated by Labor Code §1776 and as
11 defined in 8 CCR §16000 showing the name, address, social security number, work
12 classification, straight time and overtime hours worked each day and week, and the actual
13 per diem wages paid to each journeyman, apprentice, worker, or other employee employed
14 by the CONSULTANT or Subconsultant in connection with the public work. Each payroll
15 record shall contain or be verified by a written declaration that it is made under penalty of
16 perjury, stating both of the following:
17 a. The information contained in the payroll record is true and correct.
18 b. The employer has complied with the requirements of Labor Code §1771,
19 §1811, and §1815 for any work performed by his or her employees on the public works
20 project.
21 2. The payroll records enumerated under paragraph (1) above shall be
22 certified as correct by the CONSULTANT under penalty of perjury. The payroll records and
23 all supporting documents shall be made available for inspection and copying by COUNTY
24 representatives at all reasonable hours at the principal office of the CONSULTANT. The
25 CONSULTANT shall provide copies of certified payrolls or permit inspection of its records
26 as follows:
27 a. A certified copy of an employee's payroll record shall be made
28 available for inspection or furnished to the employee or the employee's authorized
35
1 representative on request.
2 b. A certified copy of all payroll records enumerated in paragraph (1)
3 above, shall be made available for inspection or furnished upon request to a representative
4 of the COUNTY, the Division of Labor Standards Enforcement and the Division of
5 Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls
6 submitted to the COUNTY, the Division of Labor Standards Enforcement and the Division
7 of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
8 C. The public shall not be given access to certified payroll records by the
9 CONSULTANT. The CONSULTANT is required to forward any requests for certified
10 payrolls to the COUNTY Contract Administrator by both email and regular mail on the
11 business day following receipt of the request.
12 3. Each CONSULTANT shall submit a certified copy of the records
13 enumerated in paragraph (1) above, to the entity that requested the records within ten (10)
14 calendar days after receipt of a written request.
15 4. Any copy of records made available for inspection as copies and
16 furnished upon request to the public or any public agency by the COUNTY shall be marked
17 or obliterated in such a manner as to prevent disclosure of each individual's name, address,
18 and social security number. The name and address of the CONSULTANT or Subconsultant
19 performing the work shall not be marked or obliterated.
20 5. The CONSULTANT shall inform the COUNTY of the location of the
21 records enumerated under paragraph (1) above, including the street address, city and
22 county, and shall, within five (5) working days, provide a notice of a change of location and
23 address.
24 6. The CONSULTANT or Subconsultant shall have ten (10) calendar
25 days in which to comply subsequent to receipt of written notice requesting the records
26 enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails
27 to comply within the ten (10) day period, he or she shall, as a penalty to the COUNTY,
28 forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each
36
1 worker, until strict compliance is effectuated. Such penalties shall be withheld by the
2 COUNTY from payments then due. The CONSULTANT is not subject to a penalty
3 assessment pursuant to this section due to the failure of a Subconsultant to comply with
4 this section.
5 D. When prevailing wage rates apply, the CONSULTANT is responsible for
6 verifying compliance with certified payroll requirements. Invoice payment will not be made
7 until the invoice is approved by the COUNTY Contract Administrator.
8 E. Penalty
9 1. The CONSULTANT and any of its Subconsultants shall comply with
10 Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any
11 Subconsultant shall forfeit to the COUNTY a penalty of not more than two hundred dollars
12 ($200) for each calendar day, or portion thereof, for each worker paid less than the
13 prevailing rates as determined by the Director of DIR for the work or craft in which the
14 worker is employed for any public work done under the Agreement by the CONSULTANT
15 or by its Subconsultant in violation of the requirements of the Labor Code and in particular,
16 Labor Code §§1770 to 1780, inclusive.
17 2. The amount of this forfeiture shall be determined by the Labor
18 Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of
19 the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or
20 the previous record of the CONSULTANT or Subconsultant in meeting their respective
21 prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to
22 pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to
23 pay the correct rates of prevailing wages is not excusable if the CONSULTANT or
24 Subconsultant had knowledge of the obligations under the Labor Code. The
25 CONSULTANT is responsible for paying the appropriate rate, including any escalations that
26 take place during the term of the Agreement.
27 3. In addition to the penalty and pursuant to Labor Code §1775, the difference
28 between the prevailing wage rates and the amount paid to each worker for each calendar
37
1 day or portion thereof for which each worker was paid less than the prevailing wage rate
2 shall be paid to each worker by the CONSULTANT or Subconsultant.
3 4. If a worker employed by a Subconsultant on a public works project is
4 not paid the general prevailing per diem wages by the Subconsultant, the prime
5 CONSULTANT of the project is not liable for the penalties described above unless the
6 prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the
7 specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails
8 to comply with all of the following requirements:
9 a. The Agreement executed between the CONSULTANT and the
10 Subconsultant for the performance of work on public works projects shall include a copy of
11 the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
12 b. The CONSULTANT shall monitor the payment of the specified general
13 prevailing rate of per diem wages by the Subconsultant to the employees by periodic
14 review of the certified payroll records of the Subconsultant.
15 C. Upon becoming aware of the Subconsultant's failure to pay the
16 specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall
17 diligently take corrective action to halt or rectify the failure, including but not limited to,
18 retaining sufficient funds due the Subconsultant for work performed on the public works
19 project.
20 d. Prior to making final payment to the Subconsultant for work performed
21 on the public works project, the CONSULTANT shall obtain an affidavit signed under
22 penalty of perjury from the Subconsultant that the Subconsultant had paid the specified
23 general prevailing rate of per diem wages to the Subconsultant's employees on the public
24 works project and any amounts due pursuant to Labor Code §1813.
25 5. Pursuant to Labor Code §1775, the COUNTY shall notify the
26 CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a
27 complaint that a Subconsultant has failed to pay workers the general prevailing rate of per
28 diem wages.
38
1 6. If the COUNTY determines that employees of a Subconsultant were
2 not paid the general prevailing rate of per diem wages and if the COUNTY did not retain
3 sufficient money under the Agreement to pay those employees the balance of wages owed
4 under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an
5 amount of moneys due the Subconsultant sufficient to pay those employees the general
6 prevailing rate of per diem wages if requested by the COUNTY.
7 F. Hours of Labor
8 Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit,
9 as a penalty to the COUNTY, twenty-five dollars ($25) for each worker employed in the
10 execution of the Agreement by the CONSULTANT or any of its Subconsultants for each
11 calendar day during which such worker is required or permitted to work more than eight (8)
12 hours in any one calendar day and forty (40) hours in any one calendar week in violation of
13 the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive,
14 except that work performed by employees in excess of eight (8) hours per day, and forty
15 (40) hours during any one week, shall be permitted upon compensation for all hours
16 worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less
17 than one and one half (1.5) times the basic rate of pay, as provided in §1815.
18 G. Employment of Apprentices
19 1. Where either the prime Agreement or the subconsultant agreement
20 exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants
21 under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5,
22 1777.6 and 1777.7 in the employment of apprentices.
23 2. CONSULTANT and all subconsultants are required to comply with all
24 Labor Code requirements regarding the employment of apprentices, including mandatory
25 ratios of journey level to apprentice workers. Prior to commencement of work, the
26 CONSULTANT and subconsultants are advised to contact the DIR Division of
27 Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information
28 regarding the employment of apprentices and for the specific journey-to-apprentice ratios
39
1 for the Agreement work. The CONSULTANT is responsible for all subconsultants'
2 compliance with these requirements. Penalties are specified in Labor Code §1777.7.
3 Articles 24-39 Not used
4 40. ENTIRE AGREEMENT
5 This Agreement constitutes the entire agreement between the CONSULTANT and
6 COUNTY with respect to the subject matter hereof and supersedes all previous
7 negotiations, proposals, commitments, writings, advertisements, publications, and
8 understandings of any nature whatsoever unless expressly included in this Agreement. In
9 the event of any inconsistency in interpreting the documents which constitute this
10 Agreement, the inconsistency shall be resolved by giving precedence in the following order
11 of priority: (1) the text of this Agreement (2) the COUNTY'S Request for Qualification "On-
12 Call A&E, Staff Augmentation and Related Services"; and (3) the CONSULTANT's
13 Statement of Qualification made in response to COUNTY'S Request for Qualification. In
14 consideration of promises, covenants and conditions contained in this Agreement, the
15 CONSULTANT and the COUNTY, and each of them, do hereby agree to diligently perform
16 in accordance with the terms and conditions of this Agreement, as evidenced by the
17 signatures below.
18
19
20
21
22
23
24
25
26
27
28
40
1 41. SIGNATURES
2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
3 set forth above.
4
5 CONTRACTOR COUNTY OF FRESNO
Digitally signed by Steve White
Steve White Date:2022.06.13 12:13:52-07'00'
( authorized Signature) Steven White, Director
7 Department of Public Works an
8 John M. Hower, Senior Vice President Planning
Print Name & Title
9
10 Geo-Logic Associates
2777 East Guasti Road, Suite 1
11 Ontario, CA 91761
12
APPROVED AS TO LEGAL FORM
13 Daniel C. /Cederborg,1�ounty Counsel
14
15
� R
16
17 APPROVED AS TO ACCOUNTING
FORM
18 Oscar J. Garcia, CPA,
Auditor-Controller/Treasurer-
19 Tax Collector '
20
21 By: ` N
22
FOR ACCOUNTING USE ONLY:
23
Fund: 0001 /0010/0400/0700 /0701 /0710/0720/0801
24
Subclass: 10000/ 11000/ 15000/ 15001 / 16900/ 10052 /10053 / 10061 / 10063/ 10065/ 10067
25
Org: 4360 /4365 /45104511 /45104512/45104513/45104514/7205/7910 /8852/8853/8861
26 /8863/8865 /8867/ 9015/9020/9026/9028/9140
27 Account: 7295
28
41
Appendix A — List of All Consultants and Project Managers
A&M Consulting Engineers Bedrock Engineering, Inc.
220 North Locust Street, Visalia, CA PO Box 25783, Fresno, CA 93729
93291
Project Manager: Michael Hartley
Project Manager: Orfil Muniz
(559) 645-4849 x303
(559) 429-4747 mike@bedrockeng.com
orfil@am-engr.com
Blair, Church & Flynn Consulting
Applied EarthWorks Engineers
1391 Shaw Ave., Suite C Suite 201, 451 Clovis Ave. Suite 200, Clovis, CA
Fresno, CA 93711 93611
Project Manager: Erin Enright Project Manager: Jeffrey Brians
(805) 594-1590 x316 (559) 326-1400
eenright@appliedearthworks.com jbrians@bcf-engr.com
Area West Environmental, Inc. Blue Ridge Services Montana, Inc.
6248 Main Avenue, Suite C, 601 Kelly Ridge Road, Victor, MT 59875
Orangevale, CA 95662
Project Manager: Jason Todaro
Project Manager: Becky Rozumowicz-
Kodsuntie 6685 Morro Road, Atascadero, CA
93422
(916) 987-3362 (805) 461-6850
becky@areawest.net jason@blueridgeservices.com
Avila & Associates Borrelli And Associates, Inc
1300 Galaxy Way, Suite 12, Concord, 2032 N. Gateway Blvd., Fresno, CA
CA 94520 93727
Project Manager: Catherine Avila Project Manager: John Borrelli
(925) 672-0549 (559) 285-6086
cavila@avilaassociates.com johnb@borrelliengineering.com
1 of 7
BSK Associates Dewberry Engineers, Inc.
550 W Locust Avenue, Fresno, CA 575 East Locust Avenue, Suite 204,
93650 Fresno, CA 93720
Project Manager: Michael Collins Project Manager: Mike Pugh
(559) 497-2880 x182 (916) 420-1985
mcollins@bskassociates.com mpugh@dewberry.com
Civil & Environmental Consultants, Electrical Power Systems, Inc
Inc. 2187 Herndon Avenue, #102, Clovis,
333 Baldwin Road, Pittsburgh, PA CA 93611
15205
Project Manager: Joseph P. Prevendar
Project Manager: Darrell Thompson
(559) 221-7230
2356 Mountain View Ave, Sacramento, joe@epsfresno.com
CA 95670
(760) 977-8106
dthompson@cecinc.com Geo-Logic Associates
2777 East Guasti Rd. Suite 1, Ontario,
Cogstone Resource Management, CA 91761
Inc. (DBA: Cogstone) Project Manager: Jake Russell
1518 W. Taft Ave., Orange, CA 92865 143E Spring Hill Drive, Grass Valley, CA
Project Manager: Molly Valasik 95945
(530) 272-2448
(714) 974-8300 jrussell@geo-logic.com
mvalasik@cogstone.com
Ghirardelli Associates, Inc.
Cornerstone Structural Engineering
Group, Inc. 2990 Lava Ridge Ct. Suite 120,
Roseville, CA 95661
986 W Alluvial Ave Ste. 201, Fresno, CA
93711 Project Manager: Hugo Mejia
Project Manager: Mark Weaver (559) 250-9682
hmejia@ghirardelliassoc.com
(559) 320-3200
mweaver@cseg.com
2of7
Golder Associates USA Inc. / WSP Kleinfelder, Inc.
USA Inc.
3731 W. Ashcroft Avenue, Fresno, CA
1000 Enterprise Way, Suite 190, 93722
Roseville, CA, 95678
Project Manager: Stephen Plauson
Project Manager: Jeff Dobrowolski
(559) 577-1449
(949) 396-5737 splauson@kleinfelder.com
jdobrowolski@golder.com
Krazan & Associates, Inc.
Huber & Huber ARCHITECTS 215 W Dakota Ave, Clovis, CA 93612
10796 N. Tea Party Lane, Fresno, CA
93730-5920 Project Manager: David R. Jarosz
Project Manager: Ann Huber (559) 348-2200
DaveJ@krazan.com
(559) 470-7721
ann@hharchitects.net Lawrence Engineering Group
JLB Traffic Engineering, Inc. 7084 North Maple Avenue, Suite 101,
Fresno, CA 93720
516 W Shaw Ave, Ste. 103, Fresno, CA
93704 Project Manager: Ryan Carlson
Project Manager: Jose Luis Benavides (559) 431-0101 x103
ryan@legfresno.com
(559) 570-8991
jenavides@jlbtraffic.com Live Oak Associates, Inc.
Kitchell 39930 Sierra Way, Suite B, Oakhurst,
CA 93644
2344 Tulare Street, Suite 102 Fresno, Project Manager: Austin Pearson
CA 93721
Project Manager: Rick Barton (559) 760-3065
apearson@loainc.com
(559) 936-2360
rbarton@kitchell.com
3 of 7
LSA Associates, Inc. (doing business Montrose Environmental Solutions,
as LSA) Inc.
2565 Alluvial Avenue, Suite 172, Clovis, 1801 7th Street Suite 100, Sacramento,
CA 93611 CA 95811
Project Manager: Amanda Durgen Project Manager: Kt Alonzo
1504 Eureka Road, Suite 310, (916) 447-3479 x15817
Roseville, CA 95661 kalonzo@montrose-env.com
(916) 905-3937
Amanda.Durgen@lsa.net
NV5, Inc.
Mark Thomas 2109 West Bullard Avenue, Suite 145,
Fresno, CA 93711
7571 North Remington Avenue, Suite
102, Fresno, CA 93711 Project Manager: Kevin Reisz
Project Manager: Ed Noriega (559) 417-1008
kevin.reisz@nv5.com
(559) 374-3111
enoriega@markthomas.com
OCMI, Inc.
Michael Baker International 1300 Clay Street, Suite 900 Oakland,
CA 94612
500 Ygnacio Valley Road, Suite 300,
Walnut Creek, CA 94596 Project Manager: Conor Clarke
Project Manager: Nabaz Saieed (925) 426-1578
conor.clarke@ocmi.com
(510) 879-0977
nabaz.saieed@mbakerintl.com
O'Dell Engineering
MKN & Associates 7045 N Chestnut Avenue, Suite 103,
Fresno, CA 93720
8405 N. Fresno Street, Suite 120,
Fresno, CA 93720 Project Manager: Dylan Crawford
Project Manager: Henry Liang (209) 497-4065
dcrawford@odellengineering.com
(559) 500-4750 x1102
hliang@mknassociates.us
4of7
PARIKH Consultants, Inc. Robina Wright Architect and
1497 N Milpitas Boulevard, Milpitas, CA
Associates Inc.
95035 4025 N Fresno Ste, 107, Fresno, CA
Project Manager: David Wang
93726
(408) 690-8839 Project Manager: Robina Wright
DWang@parikhnet.com (559) 307-7232
robina@robinawrightarchitect.com
Peters Engineering Group
862 Pollasky Ave, Clovis, CA 93612 Stantec Consulting Services, Inc.
6780 North West Ave., Suite 103,
Project Manager: David Peters Fresno, CA 93711
(559) 299-1544 x111 Project Manager: Ralph Carson
dpeters@peters-engineering.com
(559) 904-1344
Provost & Pritchard Consulting ralph.carson@stantec.com
Group
455 W Fir Avenue, Clovis, CA 93711 Stearns, Conrad and Schmidt,Consulting Engineers, Inc.
Project Manager: Matthew W. Kemp
3900 Kilroy Airport Way, Suite 100,
(559) 449-2700 Long Beach, CA 90806
mkemp@ppeng.com
Project Manager: Pat Sullivan
Quad Knopf. Inc. (dba QK) 3117 Fite Circle, Suite 108,
Sacramento, CA 95827
601 Pollasky Avenue, Suite 301, Clovis, (916) 503-2956
CA 93612 psullivan@scsengineers.com
Project Manager: Ernie Escobedo
SWCA, Incorporated dba SWCA
(559) 449-2400 Environmental Consultants
Ernie.Esobedo@gkinc.com
1422 Monterey Street, Suite C200, San
Quincy Engineering Luis Obispo, CA 93401
11017 Cobblerock Dr., Suite 100 Project Manager: Bill Henry
1422 Monterey Street, Suite B-C200,
Project Manager: Mark Reno San Luis Obispo, CA 93401
(916) 368-9181 (805) 903-1193
markr@quincyeng.com bhenry@swca.com
5 of 7
SWT Engineering, Inc TRC Engineers, Inc.
800 S Rochester Ave., STE C, Ontario, 575 E. Locust Avenue, Suite 105,
CA 91761 Fresno, CA 93720
Project Manager: Michael A, Cullinane Project Manager: Robin Yates
(909) 390-1328 (559) 304-1240
mac@swteng.com RYates@trccompanies.com
T2 UES, Inc. d/b/a T2 Utility Triple HS, INc. dba H. T. Harvey &
Engineers Associates
5622 Research Drive, Huntington 8080 N. Palm Avenue, Suite 205,
Beach, CA 92649 Fresno, CA 93711
Project Manager: Glen Robison Project Manager: Amy Sparks
(714) 487-5783 (510) 225-5109
glen.robison@t2ue.com asparks@harveyecology.com
Temple Andersen Moore Architects Vanir Construction Management, Inc.
6781 N. Palm Avenue, Suite 120, 2444 Main Street, Suite 130, Fresno,
Fresno, CA 93704 CA 93721
Project Manager: Jared Ramirez Project Manager: Scott Murphy
(559) 435-4750 (559) 801-1569
jramirez@tamarchitects.com scott.murphy@vanir.com
Tetra Tech BAS, Inc. Willbanks Environmental Consulting,
21700 Copley Drive, Suite 200,
Inc
Diamond Bar, CA 91765 8413 N Millbrook Ave Suite 110, Fresno,
Project Manager: Caleb Moore CA 93720
(909) 655-3256 Project Manager: Noelle Willbanks
caleb.moore@tetratech.com (559) 797-4181
Noelle@wecenvironmental.com
6of7
Wood Wiley and Jebian
4685 N Cedar Ave. Suite B, Fresno, CA
93726
Project Manager: Anthony Jebian
(559) 225-3633
tjebian@wwjeng.com
7 of 7
Consultant's Scope of Services — Appendix B
Consultant Eligible Services Form
Consultant Firm: Geo-Logic Associates
CONSULTANT is approved for these services:
Staff Federally
Discipline On-Call Funded
Augmentation projects
Archaeology /Architectural History /
Paleontology
Architectural Drafting and Design
Assessment Engineering
Biology
Building Commissioning (LEED)
Building Plan Checking
Certified Access Specialist (CASP)
Certification
Civil Engineering
Construction Management
Cost Estimating
Electrical Engineering
Encroachment Permit Inspections
Environmental Planning Services
Geotechnical Engineering
Grant Writing
Hydraulic Engineering
Industrial Hygiene, Hazardous Material,
Lead and Asbestos Compliance
Land Use / Planning
Landscaping Architecture
Materials Testing
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Staff Federally
Discipline On-Call Funded
Augmentation projects
Pavement Management
Permit Technicians
Plumbing and Mechanical Engineering
Solid Waste Engineering X
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.
2of11
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Table of Contents
Consultant's Scope of Services —Appendix B ................................................................ 1
Consultant Eligible Services Form .............................................................................. 1
Tableof Contents............................................................................................................ 3
Descriptions of Work by Discipline ..................................................................................4
SolidWaste Engineering .............................................................................................4
On-Call Services ............................................................................................................. 6
TechnicalReports........................................................................................................ 6
Preparation of Various Reports and Studies................................................................ 6
PreliminaryEngineering............................................................................................... 7
Prepare Design Plans, Technical Specifications and Construction Estimate............... 7
ConstructionObservation ............................................................................................ 9
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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
Solid Waste Engineering
Consultants must be able to perform solid waste engineering activities, including without
limitation any or all of the following tasks listed below, in accordance with California
Code of Regulations (CCR) Titles 14, 17, 22, 23 and 27 et.al., San Joaquin Valley Air
Pollution Control District (SJVAPCD) Rules and Regulations, and 40 CFR 258 (subtitle
D), as appropriate.
1. Structural, geological, hydrogeological, geotechnical, surveying and support services
pertaining to Solid Waste (landfills). Consultants must be able to perform any or all
the following in according with California Code of Regulations (CCR) Titles 14, 17,
22, 23 and 27 et.al., San Joaquin Valley Air Pollution Control District (SJVAOCD)
Rules and Regulations, and 40. CFR 258 (subtitle D) as appropriate.
2. The preparation of Plans, Technical Specifications, and Construction Estimates
pertaining to the design of:
a. Landfill modules and covers
b. Landfill Gas Collection and Control Systems (LFGCCS)
c. Environmental (groundwater, landfill gas) remediation systems
3. Evaluation of monitoring programs in accord with CCR 27
4. Design and implementation of monitoring programs including Evaluation Monitoring
Programs (EMP) as delineated in CCR Title 27
5. Engineering Feasibility Studies (EFS) as delineated in CCR Title 27
6. Corrective Action Program (CAP) design and implementation as delineated in CCR
Title 27
7. Review and provide comments or revisions as requested, or undertake the actual
preparation if directed, of landfill-specific regulatory documents, including any of the
following:
a. Joint Technical Documents (JTD)
b. Closure, Post-closure and Corrective Action Plans and cost estimates
c. Solid Waste Facility Permits
d. Waste Discharge Orders including aquifer exemptions
e. Authority to Construct
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
f. Permits to Operate
g. Various regulatory agency reports or responses required as a result of
regulations, studies, orders or violations (e.g., CAP Evaluation Report)
8. Remediation system(s) efficacy studies
9. Landfill tipping fee studies and implementation
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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;
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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.
Preliminary Engineering
Applies to the following disciplines:
Architectural Design and Drafting Civil Engineering
Electrical Engineering Landscape Architecture
Plumbing and Mechanical Engineering Solid Waste Landfill
Structural Engineering Traffic Engineering
Water Resources
Description of Work
1. 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; and
2. Prepare site plans and grading plans identifying basis of bearing, location
of benchmark used and source of elevation (vertical) datum.
Prepare Design Plans, Technical Specifications and Construction Estimate
Applies to the following disciplines:
Architectural Design and Drafting Civil Engineering
Electrical Engineering Landscape Architecture
Plumbing and Mechanical Engineering Solid Waste Landfill
Structural Engineering Traffic Engineering
Water Resources
General Description of Work
1. Complete fully the project designs to include comprehensive construction
plans, earthwork volumes, required permits, technical specifications, cross-sections and
final opinion of probable construction cost (Engineer's Estimate) for construction.
2. Apply urban design principals that meet the needs of the individual
communities.
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
3. Submit the recommended construction period for bidding purposes to the
County for approval and identify materials and equipment requiring long delivery times
that will control the length of the construction Agreement.
4. Prepare addenda as necessary for bid documents.
Requirements of Specified Services When Requested
The CONSULTANT shall:
1. Ascertain the requirements for the assigned PROJECT(S) through meetings with
the PROJECT ADMINISTRATOR and a review of an existing schematic layout of the
PROJECT(S).
2. Ascertain any requirements, unforeseen criteria, or issues for the PROJECT(S)
that may be unknown to the PROJECT ADMINISTRATOR and communicate these
requirements, criteria, or issues to the PROJECT ADMINISTRATOR.
3. Design the PROJECT(S) to conform to requirements of the reviewing agencies
having jurisdiction over the PROJECT(S).
4. Design PROJECT(S) to include mitigation measures as required or specified in the
environmental documents.
5. Monitor and keep the PROJECT ADMINISTRATOR informed regarding the impact
of design issues on the PROJECT budget. Upon the written request, the CONSULTANT
shall incorporate into the design, such reasonable design and operational changes as
the PROJECT ADMINISTRATOR deems appropriate as a result of the COUNTY'S
review processes and impact on each PROJECT budget or estimate.
6. Assist the COUNTY in determining all permits that may be required for the
PROJECT and prepare all necessary permits for the COUNTY'S submittal to outside
agencies.
7. Work with the PROJECT ADMINISTRATOR to ensure that the plans, specifications
and estimate meet all requirements to be advertised for construction bids.
8. If required by approval agencies or PROJECT ADMINISTRATOR, submit to the
COUNTY in the appropriate agency forms, the PROJECT background information and
recommended testing and inspection list for materials to be used, identifying type,
quantity, frequency, and schedule, for each PROJECT. Submit required numbers of
sets of plans, specifications, and other documents required by approval agencies to the
PROJECT ADMINISTRATOR.
9. Submit to the PROJECT ADMINISTRATOR plans, specifications and estimates for
review in the formats, quantities, and delivery methods delineated in Appendix C. Prior
to submission of plans, the CONSULTANT shall request from the PROJECT
ADMINISTRATOR examples of acceptable drafting format and reproducible standards.
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Verification of compatible format will be required prior to final file delivery. The
PROJECT ADMINISTRATOR, at his/her discretion, may reject a submittal that is
determined insufficient.
10. The original drawings and specifications index sheet shall be stamped by a seal
with the CONSULTANT'S and subconsultant's license numbers and/or signed in
accordance with the California Business and Professions Code.
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
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
e. Assist the Department, at the Department's express, written authorization,
with any claim resolution process involving the Department's construction contractor
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.
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
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
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.
11 of 11
Appendix C
County of Fresno
On-Call Architectural& Engineering Consultant Services:Solid Waste Engineering
D. List of Current Staff
Provided below is a list of all current GLA staff, including their job classifications.
Employee . . Employee . .
Zahoor Ahmad Senior Professional I Joshua Klehr Staff Professional I
Michele Aiello Administrative Gwen Knadel Project Professional I
Assistant 11
Jacob Alden Staff Professional III Jacquelyn Kohn -Born Senior Professional I
Ahmed Ali Technician I Craig Kunkel Principal Professional I
Janet Allen Administrative Julie Kutz Staff Professional II
Assistant 11
Michael Alter Principal Professional I Gary Lass Principal Professional 11
Jorge Amaya CADD Designer Jason Lau Technician I
Elias Aparicio Project Professional II Isabel Ledezma Administrative Assistant
11
Jeffrey Arellano Technician II Mitchell Leisses Senior Professional 11
Rogelio Armenta Technician IV/Const. Vladimir Levin CADD Designer
Manager
Danielle Aronson Staff Professional III Tyler Levos Project Professional 11
Alexander Avila Administrative Alan Lewis Staff Professional II
Assistant I
John Ayarbe Senior Professional 11 Madison Lewis Technician 11
Randal Backhaus Technician I Chalerm Liang Senior Professional 11
Stacy Baird Principal Technician Melanie Lindsey Project Professional 11
Kimberly Bandy Project Professional I Jeff Logan Technician I
Baldwin
Heather Barnes Staff Professional II Elizabeth Loomans Administrative Assistant
I
Courtney Barrett Senior Professional I William Lopez Senior Professional I
Lori Bartlett Principal Professional I John Lust Technician I
R. Bartlett Principal Professional I Thomas Mackowiak Principal Professional II
Elizabeth Bastien Project Professional I Eugene Mammini Senior Professional II
Sarah Battelle Principal Professional I David Manoukian Staff Professional II
Mark Berquist Technician II Donna Marchesseau Administrative Assistant
11
Ryan Berquist Project Professional 11 Luis Mariscal Senior Professional I
Elizabeth Bettencourt Technician I Anya Marquez Staff Professional I
Mark Bittner Senior Professional I Neven Matasovic Principal Professional I
Megan Black Administrative Lucien Maxam Technician III
Assistant 11
T. Neil Blandford Principal Professional I Sharen Meade Senior Professional 11
Seyed Borghei Staff Professional II Caleb Miller Senior Professional I
Amin
Farag Botros Senior Professional I Fouad Mina Principal Professional I
John Boucher Principal Professional I Richard Mitchell Principal Professional I
Rebecca Brand Project Professional I James Mitchell II Staff Professional 11
Kenneth Braunling Technician II Timothy Moore Project Professional I
Geo'LoqiC Section D. List of Current Staff
ASSOCIATES Pagel
County of Fresno
On-Call Architectural& Engineering Consultant Services:Solid Waste Engineering
EmployeeEmployee Name Employee Type
Robert Bright Staff Professional II Hans Morgan Staff Professional III
Kenneth Brinster Project Professional I W.Tony Morgan Principal Professional II
Gregory Buczek Senior Professional II Stephen Morrow Principal Professional I
John Bunch Project Professional III Brooks Morse Technician I
Amy Butler Administrative Barbara Murphy Senior Professional I
Assistant II
Claudia Cagan Staff Professional III Ralph Murphy Principal Professional I
Kenneth Calhoun Senior Professional I Taylor Murray Staff Professional II
Michael Campbell Technician IV/Const. Kenneth Myers Principal Professional I
Manager
Noah Campbell Senior Professional I Don Neitzel Principal Professional I
Jessalyn Carmona Administrative Rebecca Newcomer Administrative Assistant
Assistant 1 II
Claudia Carrillo Staff Professional II James Norris Principal Professional I
Marrou
James Carter Senior Professional I Patrick O'Connell Project Professional I
Jean-Luc Cartron Project Professional I Daniel O'Dowd Technician 11
William Casadevall Project Professional II Aaron Ogorzalek Project Professional III
John Casey Senior Professional II Erik Olhoffer Technician IV/Const.
Mgr.
Theresa Castillo Administrative Zachary Olson Staff Professional II
Assistant II
Michael Chambers Project Professional I Basil Orechwa Senior Professional II
Nicholas Chikowski Staff Professional I Jesse Orechwa Staff Professional 11
Monte Christie Principal Professional I Linda Padilla CADD Designer
Aldo Ccorahua Staff Professional I Lea Perez Administrative Assistant
I
Brandon Constand Technician I Russell Perry Senior Professional I
Brian Constant Principal Professional I Gundar Peterson Senior Professional II
Independe Contractor Staff Professional I Nicholas Pilsner Technician I
nt
Steven Corell Senior Professional I Philip Plant Laboratory Manager
Anthony Crews Principal Professional I Paul Plato Senior Professional I
Leighton Cruse Senior Professional I Marisol Poma Staff Professional I
Huaman
Stephen Cullen Principal Professional II Alex Potter Staff Professional III
Benjamin Daigneau Project Professional 11 Christine Pribulick Staff Professional III
Lam Dang Laboratory Manager Ted Primas Senior Professional I
Ryan Day Staff Professional 11 Martin Purizaga Staff Professional III
Grant Deem Staff Professional III Jason Raucci Project Professional 11
Frank Dell-Era 1T�egchnician r. IV/Const. Michael Reason Principal Professional I
Sharon Devine Administrative Nicholas Reason Technician II
Assistant II
John Dodge Senior Professional II Nancy Rebarchik Administrative Assistant
11
Andrew Donnelly Senior Professional II Anthony Requez Administrative Assistant
I
Geo'Loq�C Section D. List of Current Staff
AS SO C I ATE SI.V Paget
County of Fresno
On-Call Architectural& Engineering Consultant Services:Solid Waste Engineering
EmployeeEmployee Name Employee Type
Juan Dumler Staff Professional I Sarah Reuter Staff Professional I
Granthon
Richard Dunbar Staff Professional II Savannah Rice Staff Professional I
Alan Eizman 1T�egchnician r. IV/Const. Ryan Rivera Staff Professional I
Hannah Erbele Project Professional II Christian Robbins Project Professional I
Fabian Espinoza Staff Professional I Maria Robles Administrative Assistant
Navarro I
Amy Ewing Project Professional III Sofia Rodriguez Administrative Assistant
I
Robyn Fay Senior Technical Editor Veronica Rodriguez Senior Professional I
Wayne Feller Senior Professional I Carlos Rodriguez- Staff Professional I
Perez
Patrice Feltman Staff Professional III Samuel Romero CADD/G IS/Data base
Mgr. I
Wendy Figueroa Principal Professional I Omar Ruiz Lopez Staff Professional II
Jerome Fisher Staff Professional III Thomas Runyan Technician IV/Const.
Mgr.
Barbara Ford Project Professional I Jacob Russell Principal Professional I
Mark Franchi Project Professional I Kristi Sagar Administrative Assistant
11
Joseph Franzone Principal Professional I Bert Salinas Technician IV/Const.
Mgr.
Bryan Fritzler Principal Technician Natalie Salinas Technician I
Robert Froh Project Professional II Elizabeth Salvas Project Professional II
Danielle Gallo Technician 11 Deborah Salvato Administrative Assistant
11
Christian Garrido CADD Designer Jeffrey Samson Project Professional I
Pinedo
Gregory George Project Professional II Jason Sapp Senior Professional 11
Sherin Gerges Administrative Terri Satterfield Project Professional III
Assistant 11
Jerry Gilles Technician IV/Const. Kyle Scalise Project Professional III
Manager
Marvin Glotfelty Principal Professional I Gregory Schnaar Senior Professional I
Thomas Golden Senior Professional I Thomas Schommer Technician I
Trey Gossard Project Professional I Kaelyn Schwartz Staff Professional III
Jordan Graham Project Professional III Todd Seebaum Project Professional III
Russell Granfors Senior Professional I Martin Sell Senior Professional II
Donald Greenfield Senior Professional II Benjamin Sell Staff Professional II
Donald Griggs Project Professional I Francesca Senes Bauzan Staff Professional III
Heather Hackstedde Staff Professional II Gregory Shagam Project Professional III
Gwinn Hall Project Professional II Adam Shaw Technician IV/Const.
Mgr.
Stephanie Hamilton Senior Professional I Mark Shepard Staff Professional III
Tammy Hampton Administrative Chase Stearnes Staff Professional II
Assistant II
James Hansen Technician III Daniel Stephens Principal Professional II
Don Hanson Principal Professional I Thomas Suriano Principal Professional I
Geo'Loq�C Section D. List of Current Staff
ASS 0 C 1 ATE S Page 3
County of Fresno
On-Call Architectural& Engineering Consultant Services:Solid Waste Engineering
EmployeeEmployee Name Employee Type
David Harich Principal Professional I Samuel Sutherland CADD Designer
Jason Hefner Senior Professional I William Sweeney Staff Professional I
Grace Herrmann Staff Professional II Nicole Sweetland Principal Professional 11
Gregory Hess Senior Professional II William Taylor Staff Professional I
Jennifer Hill Senior Professional II Lauren Thatch Staff Professional III
Tracy Hillman Administrative Adrienne Thibeault Senior Professional I
Assistant II
Joleen Hines Project Professional II Ryan Thomas Technician II
James Hoelzel Technician I Laura Thurgood Administrative Assistant
11
Thomas Hopkins Staff Professional II Michael Thurgood Project Professional III
Kevin Hopson Principal Professional I Douglas Tolley Staff Professional III
John Hower Principal Professional I Ramiro Torres Technician I
Luis Huaman Staff Professional I Riley Trickey Project Professional II
Hubeck
Lisa Huey Administrative Julio Tuesta Staff Professional I
Assistant II Rabanal
Carlos Ibazeta Staff Professional 11 Todd Umstot Senior Professional II
Gamarra
Gabriel Iltis Project Professional II M.Kathleen Vail Project Professional II
Amy Isenberg Administrative Alejandro Valadez Staff Professional III
Assistant II
Michael Jacobs Principal Professional I Robert Valceschini Principal Professional I
Magno Jara Ventura Staff Professional I Alex Valdivia Technician I
Donayre
Kelly Jayne Project Professional I Christian Valenzuela Technician I
Chad Johannesen Project Professional II RReymund Villanueva Jr Technician I
Robert Johnson Principal Professional I John Villinski Senior Professional I
Alison Jones Senior Professional II Mark Vincent Senior Professional I
Jonathan Jordan Administrative Kelly Vote Staff Professional I
Assistant 11
Bailey Juedes Project Professional I Tony Walker Principal Professional 11
Douglas Junk Principal Professional I Robbie Warner Senior Professional 11
James Kelsey Principal Professional I Jay Welchans Senior Professional I
Jamie Kennealy Senior Professional I Sue West Administrative Assistant
11
Farrokh Keshavarzi Technician III Shannon Williams Project Professional I
Jessica Kessler Staff Professional I Alan Witthoeft Senior Professional I
Mallory Kienitz Technician I John Wofford Technician 11
Graham Kilduff Staff Professional I CChristoph Wolf Senior Professional II
er
Christophe King Staff Professional I Janet Wolfe Project Professional II
r
Paul Kirby Project Professional 11 James Yelverton Staff Professional III
Izabel Kirk Administrative Michael Zbrozek Staff Professional III
Assistant I
Geo'Loq�C Section D. List of Current Staff
ASS 0 c I ATE S Page 4
Deliverables — Appendix D
Last updated: November 23, 2021
Prior to submissions, the CONSULTANT shall request from the PROJECT
ADMINISTRATOR examples of acceptable drafting format and reproducible standards.
Verification of compatible format will be required prior to final file delivery.
A. Technical Report Standard Submittal Formats:
1. Standard submittal formats:
a. Electronic copy sent via email:
i. Microsoft Word (.docx) formatted for printing on 8 '/2" by 11"
pages
ii. Microsoft Excel (.xlsx) formatted for printing on 8 '/2" by 11"
or 11" by 17" pages
iii. Adobe (.pdf) formatted for printing on 8 '/2" by 11" or 11" by
17" pages
iv. AutoCAD Civil 3D, as .DXF or .DWG files
V. Other mutually agreed upon format. Hardcopies upon
request.
2. Technical studies and estimates:
a. Electronic copy sent via email:
i. Microsoft Word (.docx)
ii. Microsoft Excel (.xlsx)
iii. Signed Final Version in Adobe (.pdf)
iv. Other mutually agreed upon format. Hardcopies upon
request.
3. Drawings:
a. Electronic copy sent via email:
i. AutoCAD Civil 3D as .DXF or .DWG files
ii. Hardcopies upon request.
B. Design Plans, Technical Specifications and Construction Estimate:
1. 30%, 60% and 90% plans, specifications and estimates for review
a. Progress prints and final originals of the plans, specifications, and
estimates.
b. Standard submittal format
c. Hardcopies on 22" X 34" pages (up to 10 copies) upon request.
2. Accepted Final original plans, specifications and estimates shall include
a. Hardcopies
i. Plan Set: One (1) original reproducible plan set on 22" by 34"
sheets of 4 mil thick double matte film.
ii. Cross Sections: One (1) reproducible copy of cross sections
on 22" by 34" sheets of 4 mil thick double matte film.
iii. Final Specifications and Engineer's Estimates: One (1)
stamped and wet signed paper copy on 8 '/2" by 11" pages.
b. Electronic copy sent via email
i. Final plans, cross sections and slope stake information,
design calculations, quantity calculations, and other design
information as applicable to the PROJECT.
ii. Final specifications and estimates
iii. Plan sheets, cross sections, earthwork calculations and
slope stake information shall be in:
• AutoCAD Civil 3D
iv. Specifications shall be in:
• Microsoft Word (.docx) formatted for printing on 8 '/2"
by 11" pages
V. Final engineer's estimates shall be in:
• Microsoft Excel (.xlsx)
C. County-provided preliminary engineering survey data on existing
structures and topographic mapping shall be in:
a. AutoCAD Civil 3D
b. Or other mutually agreed upon format
Appendix E
Non-Federal Cost Proposal
NON FEDERAL-COST PROPOSAL
SPECIFIC RATE OF COMPENSATION
Note:Mark-ups are Not Allowed
Consultant: GeoLogic Associates,Inc. (Aka Geo-Logic Associates) ® Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant
Project No. Contract No. Participation Amount$ Date
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification' Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range-
Straight3 OT(1.5x) OT(2x) From To Hourly Rate3 Increase for Classifications Only
Jake Russell,PE*/Principal Engineer/ $260.00 $260.00 $260.00 5/l/2022 4/30/2023 $260.00 Not Applicable
Principal Professional I 5/l/2023 4/30/2024 $267.80 3.0%
5/l/2024 4/30/2025 $275.80 3.0%
John M.Hower,PG,CEG*/Principal $260.00 $260.00 S260.00 5/l/2022 4/30/2023 $260.00 Not Applicable
Geologist/Principal Professional I 5/l/2023 4/30/2024 $267.80 3.0%
5/l/2024 4/30/2025 $275.80 3.0%
David Harich,PE*/Principal $260.00 $260.00 $260.00 5/l/2022 4/30/2023 $260.00 Not Applicable
Engineer/Principal Professional I 5/l/2023 4/30/2024 $267.80 3.0%
5/l/2024 4/30/2025 $275.80 3.0%
Richard Mitchell,PG,CEG*/Principal $260.00 $260.00 $260.00 5/l/2022 4/30/2023 $260.00 Not Applicable
Geologist/Principal Professional I 5/l/2023 4/30/2024 $267.80 3.0%
5/l/2024 4/30/2025 $275.80 3.0%
Neven Matasovic,PhD,PE, $260.00 $260.00 $260.00 5/l/2022 4/30/2023 $260.00 Not Applicable
GE*/Principal Geotechnical 5/l/2023 4/30/2024 $267.80 3.0%
Engineer/Principal Professional I 5/l/2024 4/30/2025 $275.80 3.0%
Ralph Murphy,PG,CEG, $260.00 $260.00 $260.00 5/l/2022 4/30/2023 $260.00 Not Applicable
CHG*/Principal Hydrogeologist/ 5/l/2023 4/30/2024 $267.80 3.0%
Principal Professional I 5/l/2024 4/30/2025 $275.80 3.0%
Stephanie Hamilton,PE*/Senior $218.00 $218.00 $218.00 5/l/2022 4/30/2023 $218.00 Not Applicable
Engineer/Senior Professional 1 5/l/2023 4/30/2024 $224.54 3.0%
5/l/2024 4/30/2025 $231.28 3.0%
Staff Professional I $130.00 $130.00 $130.00 5/l/2022 4/30/2023 $142.00 $130.00-$154.00
Staff Professional II $142.00 $142.00 $142.00 5/l/2023 4/30/2024 $146.26 3.0%
Staff Professional III $154.00 $154.00 $154.00 5/l/2024 4/30/2025 $150.65 3.0%
Project Professional I $168.00 $168.00 $168.00 5/l/2022 4/30/2023 $185.00 $168.00-$203.00
Project Professional II $185.00 $185.00 $185.00 5/l/2023 4/30/2024 $190.55 3.0%
Project Professional III $203.00 $203.00 $203.00 5/l/2024 4/30/2025 $196.27 3.0%
Senior Professional I $218.00 $218.00 $218.00 5/l/2022 4/30/2023 $218.00 Not Applicable
5/l/2023 4/30/2024 $224.54 3.0%
5/l/2024 4/30/2025 $231.28 3.0%
Supervising Professional/Senior $234.00 $234.00 $234.00 5/l/2022 4/30/2023 $234.00 Not Applicable
Professional II 5/l/2023 4/30/2024 $241.02 3.0%
5/l/2024 4/30/2025 $248.25 3.0%
Page 1 of 8
Non-Federal Cost Proposal
Name/Job Title/Classification' Hourly Billing Rates' Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range-
Straight' OT(1.5x) OT(2x) From To Hourly Rate' Increase for Classifications Only
Principal Professional I $260.00 $260.00 $260.00 5/l/2022 4/30/2023 $279.50 $260.00-$299.00
Principal Professional II $299.00 $299.00 $299.00 5/l/2023 4/30/2024 $287.89 3.0%
5/l/2024 4/30/2025 $296.53 3.0%
Technician I $92.00 $124.20 $156.40 5/l/2022 4/30/2023 $115.25 $92.00-$143.00
Technician II $105.00 $141.75 $178.50 5/l/2023 4/30/2024 $118.71 3.0%
Technician 111 $121.00 $163.35 $205.70 5/l/2024 4/30/2025 $122.27 3.0%
Technician IV(Category also Covers $143.00 $193.05 $243.10
Prevailing Wagepricing)
Laboratory Manager $165.00 $165.00 $165.00 5/l/2022 4/30/2023 $165.00 Not Applicable
5/l/2023 4/30/2024 $169.95 3.0%
5/l/2024 4/30/2025 $175.05 3.0%
Principal Technician $184.00 $184.00 $184.00 5/l/2022 4/30/2023 $184.00 Not Applicable
5/l/2023 4/30/2024 $189.52 3.0%
5/l/2024 4/30/2025 $195.21 3.0%
CAD/GIS/Database Manager 1 $108.00 $108.00 $108.00 5/l/2022 4/30/2023 $119.00 $108.00-$130.00
CAD/GIS/Database Manager II $130.00 $130.00 $130.00 5/l/2023 4/30/2024 $122.57 3.0%
5/l/2024 4/30/2025 $126.25 3.0%
CADD Designer $140.00 $140.00 $140.00 5/1/2022 4/30/2023 $140.00 Not Applicable
5/l/2023 4/30/2024 $144.20 3.0%
5/l/2024 4/30/2025 $148.52 3.0%
Administrative Assistant I $92.00 $92.00 $92.00 5/l/2022 4/30/2023 $106.00 $92.00-$120.00
Administrative Assistant II $120.00 $120.00 $120.00 5/l/2023 4/30/2024 $109.00 3.0%
5/l/2024 4/30/2025 $112.27 3.0%
(Add pages as necessary)
NOTES:
1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All costs must comply
with the Federal cost principles.Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. For named employees and key personnel enter the actual hourly rate. For classifications only,enter the Average Hourly Rate for that classification.
Page 2 of 8
Non-Federal Cost Proposal
NON FEDERAL-COST PROPOSAL
SPECIFIC RATE OF COMPENSATION
Consultant GeoLogic Associates, Inc. (Aka Geo-Logic Associates) ® Prime Consultant ❑ Subconsultant
Project No. Contract No. Date
SCHEDULE OF OTHER COST ITEMS Add additional pages as necessary)
Description of Item Quantity Unit Unit Cost Total
Mileage Costs or current IRS Mileage rate 1 Per mile 58.5 $
Equipment Rental and Supplies (see below) $ $
BAT Permeameter 1 Per day $200.00
Compaction Testing Equipment& Supplies 1 Per day $50.00
Peel& Shear Strength Apparatus FML Seams 1 Per month $900.00
Portable Laboratory 8' x 32' trailer with equipment 1 Per month $1,200.00
Portable Laboratory mobilization/demobilization 1 $1,500.00
ReMi/Refraction Seismograph 1 Per Da $600.00
Sealed Single Ring Infiltrometer SSRI 1 Per Day/Per Month $200.00/$750.00
Sealed Double Ring Infiltrometer SDRI 1 Call for quote
Slope Inclinometer 1 Per day $250.00
Unmanned Aerial Vehicle Drone Reconnaissance 1 Per day $130.00
Permit Fees Cost+15% $ $
Plan Sheets Cost+15% $ $
Tests see below $ $
Laboratory Tests
Moisture Content, gravimetric D2216/D4643 1 Per Test $25.00
Moisture Content(volumetric and gravimetric) and Bulk 1 Per Test $58.00
Density D2216/D4643
...Porosity 1 Per Test $58.00
Particle Size Anal ses
Standard Sieves and Hydrometer D422 1 Per Test $220.00
Standard Sieves,no Hydrometer D422 1 Per Test $170.00
Particle Size Analysis—Aggregate,no hydrometer 1 Per Test $170.00
D422/C 126/CT202
Particle Size Analysis with Gravel with hydrometer 1 Per Test $220.00
D422
Percent Passing#200 Sieve D1140/C117 1 Per Test $85.00
Atterber Limits
Page 3 of 8
Non-Federal Cost Proposal
Liquid Limit,Plastic Limit,Plasticity Index(LL,PL, and 1 Per Test $160.00
PI)(D4318
Liquid Limit D4318 1 Per Test $100.00
Plastic Limit D4318/CTM204 1 Per Test $100.00
Wet Prep,Add 1 Per Test $55.00
Specific Gravity,Fine(<4.75mm diameter materials) 1 Per Test $110.00
D854
Specific Gravity, Coarse(>4.75mm diameter materials) 1 Per Test $120.00
C 127
Proctor Compaction Test
Method A or B <25%retained on a 3/8" sieve D698 1 Per Test $215.00
Method A or B <25%retained on a 3/8" sieve D1557 1 Per Test $220.00
Method C >25%retained on a 3/8" sieve D698 1 Per Test $235.00
Method C >25%retained on a 3/8" sieve) D1557 1 Per Test $240.00
Moisture Density Single Point(std/mod Proctor check 1 Per Point $120.00
point) D698/D1557
Moisture Density Curve (CTM 216 1 Per Test $204.00
Percent Organic Matter by Muffle Furnace D2974 1 Per Test $100.00
Dry Rodded Unit Weight C29 1 Per Test $85.00
fermeabjgb/ConducdEjbLLMdffg
Hydraulic Conductivity,Fixed Wall,up to 6"Diameter 1 Per Test $365.00
Cell D5856M/D2434M
Hydraulic Conductivity,Fixed Wall,up to 8"Diameter 1 Per Test $365.00
Cell D5856M/D2434M
Hydraulic Conductivity,Fixed Wall,up to 12"Diameter 1 Per Test $515.00
Cell D5856M/D2434M
Extra Load per Test(Rigid Wall Under Load 1 Per Load $135.00
Flexible Wall Method, 1"to 4"Diameter Sample 1 Per Test $365.00
D5084
Flexible Wall Method, 6"Diameter Sample D5084 1 Per Test $635.00
High Pressure> 120 si,per Sample 1 Per Sample $60.00
Long Term Permeation with Other Permeant Fluid, 24" 1 Per Test $4,800.00
up to 85 days D7100
Strength and Consolidation Testing
Consolidation Testing
Consolidation Test(singlepoint) D2435 1 Per Test $120.00
Consolidation Test without rate data D2435 1 Per Test $180.00
Test rate data per load increment D2435 1 Per Load $85.00
Consolidation Test Mult pt&Rates D2435 1 Per Test $445.00
Page 4 of 8
Non-Federal Cost Proposal
Strength Testing
Unconfined Compressive Strength UC ,2-3" D2166 1 Per Test $105.00
Unconfined Compressive Strength UC ,4-6" D2166 1 Per Test $145.00
Triaxial Shear
Unconsol.-Undrained Triax. Compression(UU),2-3", 1- 1 Per Test $205.00
t test D2850
Unconsol.-Undrained Triax. Compression(UU),4", 1-pt 1 Per Test $245.00
test D2850
Unconsol.-Undrained Triax. Compression(UU), 6", 1-pt 1 Per Test $430.00
test D2850
Consolidated Undrained Triax. Compression(CU), 2-3" 1 Per Test $475.00
(perpoint) D4767
Consolidated Undrained Triax. Compression(CU),4" 1 Per Point $530.00
(perpoint) D4767
Consolidated Undrained Triax. Compression(CU), 6" 1 Per Point $955.00
(perpoint) D4767
CU—add per point for progressive(staged)test D4767 1 Per Point $300.00
Consolidated Drained Triax. Compressions (CD), 2-3" 1 Per Point $600.00
D7181
Consolidated Drained Triax. Compressions(CD), 4" (per 1 Per Point $670.00
point) D7181
Consolidated Drained Triax. Compressions (CD), 6"(per 1 Per Point $1,030.00
point) D718
High Pressure>120 si,per point 1 Per Point $75.00
Direct Shear
Direct Shear, 2.5"(perpoint) D3080 1 Per Point $195.00
Direct Shear, 12"(perpoint) D3080 1 Per Point $365.00
California Bearing Ratio (perpoint) D1883 1 Per Point $335.00
Rock Testin
Rock Density D7263 1 Per Test $58.00
Saturated Hydraulic Conductivity,Flexible Wall Method 1 Per Test $365.00
D5084
Rock Point Load Index, 1-break D5731 1 Per Break $50.00
Rock Point Load Index,multiple breaks D5731 1 Multiple Breaks $200.00
Rock Joint Direct Shear,per point D5607 1 Per Point $275.00
Rock Join Direct Shear, add per load D5607 1 Per Load $100.00
Uniaxial Strength,Peak Only D7012 1 Per Test $140.00
Geos nthetic Testin
Lar e Scale Direct Shear
Page 5 of 8
Non-Federal Cost Proposal
Geos nthetic/Geos nthetic,per point D5321 1 Per Point $240.00
Soil/Geos nthetic,per point D5321 1 Per Point $320.00
Geosynthetic Clay Liner GCL ,per point D6243 1 Per Point $340.00
Soil/GCL,per point D6243 1 Per Point $320.00
Sandwich(multiple layers),per point D5321 1 Per Point $450.00
Lar e Scale Puncture
Large Scale Puncture,modified D5514M 1 Per Test $445.00
Puncture Test High Pressure>120 si per point 1 Per Point $90.00
Soil with Amendments and Slurr Testin
Slurry Wall SB Saturated Hydraulic Conductivity,
Falling Head Rising Tail
1 to 100 samples D5084 1 Per Test $310.00
101 to 200 samples D5084 1 Per Test $300.00
201 to 300 samples D5084 1 Per Test $290.00
301 to 400 samples D5084 1 Per Test $280.00
Greater than 400 samples D5084 1 Per Test $275.00
Soil/CementBentonite,Unconfined Compressive(UC) 1 Per Test $27.00
Strength D4832
Soil/Bentonite,Mix Evaluation 1 Per Test $310.00
Soil/CementBentonite,Mix Evaluation 1 Per Test $410.00
Pocket Penetrometer 1 Per Test $20.00
Soil Chemistry-pH of Soil 1 Per Test $24.00
Other Charges
Sample preparation or processing 1 Per Hour $55.00
Rush Fee 1 Per Test +25%
Vehicle vehicle use for field services 1 Per Hour/Per Week $15.00/$350.00 $
Expenses
Soil Sampling Equipment&Drilling Supplies 1 Per Hour $5.00
Groundwater Sampling Equipment& Supplies 1 Per Hour $15.00
Per Diem 1 Cost+ 15%or local government rate
Subconsultant 1: $N/A
Subconsultant 2: $N/A
Subconsultant 3: $N/A
Subconsultant 4: $N/A
Subconsultant 5: $N/A
Page 6 of 8
Non-Federal Cost Proposal
Note:Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice).
5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed,the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles.In addition,the miles claimed should be
supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle,the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles
that could be used for the same purpose.
9. The cost proposal format shall not be amended.All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
Page 7 of 8
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
NON FEDERAL-COST PROPOSAL
Certification of Direct Costs:
I,the undersigned,certify to the best of my knowledge and belief that all direct 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
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: John M. Hower,, PG,
,CEG Title *: Senior Vice President
Signature : �.T1'l�-�°'� Date of Certification(mm/dd/yyyy): 04/04/2022
Email: jmhowerk eog_-logic.com Phone Number: (858) 864-2584
Address: 2777 E. Guasti Road, Suite 1, Ontario, California 91761
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level
no lower than a Vice President or a Chief Financial Officer, or equivalent,who has authority to represent
the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Solid Waste Services
Page 8 of 3
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 Apperdix G
(1)Company Board Member Information:
Name: NIA I Date: May 26,2022
Job Trtfe:
(2)Compan&gen y Name and Address;
GeoLogic Associates, Inc.
2777 E. Guasti Road,Suite 1
Ontario,CA 91761
(3)Disclosure(please describe the nature of the self-dealing transaction you are a party to):
Geologic Associates has no transactions with the County of Fresno to wbich the
corporation is a party and to which any of its directors has a material or financial interest-
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
NIA
M Authorized Signature
Signature: John Hower �= , °aTe May 26, 2022
Appendix H
County of Fresno
On-Call Architectural & Engineering Consultant Services:Solid Waste Engineering
E. Subconsultants
GLA has the in-house staff to provide primary assistance to the County for the items listed in
the RFQ. If a project with a scope item that is not within GLA's core services, or as a small task
such as surveying, GLA will present proposed subconsultants to the County for their approval
should the need arise.
Geo'LoqiC Section E.Subconsultants
ASSOCIATES Pagel
i
I
County of Fresno--- ATch eCtUra1-antic -Engineering and Related - - Appendix l-
Consultant Services 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 )
G Amendment of Standard Conflict of )
Interest Code for All County )
7 Departments )
8
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
i
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
i
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,Call(arnle 1 -
County of Fresno - Architectural and Engineering and Related- Appendix I
Consultant Services
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
I 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
28
i
COUNTY OF FRESNO
Fresno,Cellfarnia 2
County of Fresno
Fresno,California
County of Fresno - Architectural and Engineering and Related Appendix I
Consultant Services
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I / II 2
Architect 1
Assistant Director of Public Works & Planning 1
AssisAssistant Cool Property gent 9
tant c-rc�ur-r-r-v�`"'����!! Agent
sSOOrate Real Property gent 9
Building Inspector I / II 1
Building Plans Engineer 1
BY ?G Systems yS+ I / I I / III
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 / II 1
Information Technology Analyst I / II / 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 2
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
County of Fresno - Architectural and Engineering and Related Appendix I
Consultant Services
Classification Category
Senior BSRess Systems ARalyst2
Senior Staff Analyst 1
Staff Analyst I / II / III 1
Supervising Accountant 1
Supervising Building Inspector 1
Supervising Engineer 1
Supervising Water/Wastewater Specialist 1
Systems and .Geed Fes Manager 2
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.
County of Fresno - Architectural and Engineering and Related Appendix I
Consultant Services
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.