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HomeMy WebLinkAboutAgreement A-16-035 with Area West Environmental Inc..pdf Agreement No. 16-035 15-1775 1 CONSULTANT AGREEMENT 2 THIS AGREEMENT for specialized professional Environmental Consultant Services, 3 hereinafter referred to as the "AGREEMENT," is made and entered into this �b day of 42016, by and between the COUNTY OF FRESNO, a political subdivision of 5 the State of California, hereinafter referred to as the "COUNTY"; and Area West 6 Environmental, Inc., a California Corporation, whose address is 6248 Main Avenue, Suite 7 C, Orangevale CA 95662, hereinafter referred to as the "CONSULTANT'. 8 WITNESSETH 9 WHEREAS, the COUNTY desires to retain the CONSULTANT to provide on-call 10 specialized professional environmental consulting services to assist COUNTY in complying 11 with federal and state environmental laws, regulations and guidelines as necessary for 12 road, landfill and capital improvement projects (hereinafter referred to as "PROJECT(S))" 13 proposed by the COUNTY; and 14 WHEREAS, said CONSULTANT has been selected in accordance with the 15 COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, and 16 other professionals to provide the engineering services necessary for the PROJECTS; and 17 WHEREAS, the individual listed below 18 Erin Haagenson, Senior Staff Analyst 19 2220 Tulare Street, 6th Floor, Fresno, CA 93721 20 559-600-4528 21 . ehaagensonCaD-co.fresno.ca.us 22 is designated as the CONTRACT ADMINISTRATOR for the AGREEMENT on behalf of the 23 COUNTY, and shall remain so unless the CONSULTANT is otherwise notified in writing by 24 the COUNTY's Director of Public Works and Planning or his/her designee (hereinafter 25 referred to as "the DIRECTOR"); and 26 WHEREAS, the individual listed below 27 Becky Rozumowicz, President 28 6248 Main Avenue, Suite C COUNTY OF FRESNO Fresno.Califomia 12l2VI6 1 1 Orangevale, CA 95662 2 (916) 987-3362 3 becky@areawest.net 4 is designated as the CONSULTANT'S PROJECT MANAGER for the for the 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 WHEREAS, said AGREEMENT is subject to 49 Code of Federal Regulations 9 (hereinafter referred to as "49 CFR"), Part 26 Participation by Disadvantaged Business 10 Enterprises in Department of Transportation Financial Assistance Programs, 11 Disadvantaged Business Enterprise programs established by other federal agencies and/or 12 the COUNTY'S Disadvantaged Business Enterprise Program (all of which hereinafter 13 referred to as "DBE PROGRAM(S)"). 14 NOW, THEREFORE, in consideration of the promises and covenants set forth 15 herein, the above named parties agree as follows: 16 I. CONTRACTING OF CONSULTANT 17 A. The COUNTY hereby contracts with the CONSULTANT as an independent 18 contractor to provide all environmental consultant services required for the PROJECT(S). 19 Said services are described in Article II and enumerated in Article III herein. 20 B. The CONSULTANT'S services shall be performed as expeditiously as is 21 consistent with professional skill and the orderly progress of the work, based on schedules 22 for each specific PROJECT mutually agreed upon in advance by the CONTRACT 23 ADMINISTRATOR, and the CONSULTANT, and consistent with schedules established 24 under Article VI. 25 C. The CONSULTANT'S PROJECT team staff shall be as listed in Appendix A, 26 attached hereto and incorporated herein. Any substitutions of personnel shall be approved 27 by the CONTRACT ADMINISTRATOR, which approval shall not be unreasonably withheld. 28 The CONSULTANT shall notify the CONTRACT ADMINISTRATOR of the names and COUNTY OF FRESNO Fresno,California 12/22/15 2 1 classifications of employees assigned to each specific PROJECT, and shall not reassign 2 such employees to other PROJECTS of the CONSULTANT without notification to and prior 3 approval by the CONTRACT ADMINISTRATOR. 4 D. The CONSULTANT may retain, as subconsultants, specialists as the 5 CONSULTANT requires to assist in completing the work. All subconsultants used 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. The subconsultants listed in Appendix B, attached hereto and incorporated 9 herein, shall be considered as approved by the CONTRACT ADMINISTRATOR. Should 10 the CONSULTANT retain any subconsultants, the maximum amount of compensation to 11 be paid to the CONSULTANT under Article VI below shall not be increased. No additional 12 compensation will be paid to the CONSULTANT for surcharges to subconsultants' work, 13 however, consultants may charge for time spent overseeing subconsultants' work. 14 E. The CONSULTANT and affiliated subconsultants shall not submit bids, or 15 sub-bids, for the contract construction phase of the PROJECT assigned to the 16 CONSULTANT. The CONSULTANT and its subconsultants, and all other service 17 providers, shall not provide any PROJECT-related services for, or receive any PROJECT- 18 related compensation from any construction contractor, subcontractor or service provider 19 awarded a construction contract (hereinafter referred to as the "CONTRACTOR") for all or 20 any portion of the PROJECT(S) for which the CONSULTANT provides services hereunder. 21 The CONSULTANT and its subconsultants, and all other service providers, may provide 22 services for, and receive compensation from a CONTRACTOR who has been awarded a 23 construction contract for all or any portion of the PROJECT(S) provided that any such 24 services which are rendered, and any compensation which is received therefor, relates to 25 work outside the scope of the AGREEMENT and does not pose a conflict of interest. 26 F. Any subcontract in excess of$25,000 entered into as a result of this 27 AGREEMENT, shall contain all the provisions stipulated in the AGREEMENT to be 28 applicable to subcontractors. COUNTY OF FRESNO Fresno,California 12/22/15 3 1 G. The CONSULTANT is responsible for being fully informed regarding the 2 requirements of 49 CFR, Part 26 and the California Department of Transportation's 3 (CALTRANS) Disadvantaged Business Enterprise program developed pursuant to the 4 regulations, as detailed in Appendix C, attached hereto and incorporated herein. 5 II. DESCRIPTION OF THE WORK COVERED BY AGREEMENT 6 A. The work to be performed by the CONSULTANT under the AGREEMENT 7 includes professional services under Article III for various PROJECTS. 8 B. The CONSULTANT agrees to provide the professional services that are 9 necessary for each PROJECT when expressly authorized in writing by the CONTRACT 10 ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the 11 CONSULTANT has received a written Notice to Proceed from the CONTRACT 12 ADMINISTRATOR authorizing the necessary service, agreed upon fee, and scope of work. 13 III. CONSULTANT'S SERVICES 14 The CONSULTANT shall submit proposals in response to requests for technical 15 services related to biological, cultural, visual, farmland, water quality, hazardous waste, 16 noise, revegetation plans, focused plant or animal surveys, habitat assessment, wetland 17 delineation, and other studies, issued by the CONTRACT ADMINISTRATOR on a project- 18 by-project basis. The CONSULTANT'S proposal at a minimum shall include, but not be 19 limited to, staff qualifications, proposed method and schedule for completing the task(s), 20 completed federal forms and a sealed cost proposal. The CONSULTANT agrees that each 21 professional or other individual performing work on any such PROJECT(S) shall be 22 adequately trained to perform the work and shall possess the proper license, certification 23 or registration as required by law or by accepted standards of the applicable profession. 24 The CONSULTANT agrees to provide the professional services that are necessary to 25 complete the following tasks when expressly authorized in writing by the CONTRACT 26 ADMINISTRATOR: 27 A. Technical Reports, Regulatory Permits and Preconstruction Services: 28 1. Ascertain the requirements for Technical Reports through communications COUNTY OF FRESNO Fresno,California 12/22/15 4 1 with the CONTRACT ADMINISTRATOR, CALTRANS and a review of existing information 2 on the PROJECT(S). 3 2. The CONSULTANT shall prepare and submit technical reports to the 4 CONTRACT ADMINISTRATOR for each assigned PROJECT. Technical reports shall be 5 prepared in accordance with the appropriate format required by local, state and federal 6 laws, regulations and guidelines. 7 3. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 8 issues for the PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR 9 and communicate these requirements, criteria, or issues to the CONTRACT 10 ADMINISTRATOR. 11 4. Each environmental technical report prepared for federally funded 12 CALTRANS PROJECT(S) must be prepared in accordance with the latest provisions of the 13 Standard Environmental Reference published by CALTRANS and/or all other applicable 14 local, state and federal regulations and guidance to the full extent that any provisions 15 thereof are related or have applicability to such PROJECT(S). The required technical 16 reports for the PROJECTS will be determined by the Preliminary Environmental Study form 17 for CALTRANS Local Assistance, the COUNTY'S California Environmental Quality Act 18 (CEQA) process or Federal Cross cutter forms for State Revolving Fund projects. 19 5. The CONSULTANT shall assist the COUNTY in determining all permits that 20 may be required for the PROJECT and prepare all necessary permits for the COUNTY'S 21 submittal to outside agencies. 22 6. When requested by the CONTRACT ADMINISTRATOR, the CONSULTANT 23 shall attend meetings with the COUNTY, federal, state and/or local representatives to 24 discuss and review the technical report. The CONSULTANT shall prepare brief minutes of 25 meetings attended and promptly submit the minutes to the CONTRACT ADMINISTRATOR 26 within seven (7) days. 27 7. The CONSULTANT shall submit each technical report to the CONTRACT 28 ADMINISTRATOR for transmittal to other appropriate agencies for their review and COUNTY OF FRESNO Fresno,California 12/22/15 5 1 approval. The CONSULTANT shall revise and resubmit each technical report as 2 necessary until approved by all appropriate agencies. Standard submittal shall be two (2) 3 reproducible copies and one (1) electronic copy of each technical report. The 4 CONSULTANT shall verify compatible format and quantity prior to final delivery. 5 3. The CONSULTANT shall prepare technical studies and estimates on 3 '/2" by 6 11" pages, provide hard copy and electronic format as standard submittal; and prepare 7 documents in Microsoft Word 2010 version or later, Microsoft Excel 2010 version or later, s or Adobe 9.0 or later, ARC GIS or other mutually agreed upon format. Such submittals 9 shall be sent via email and furnished on compact disc (CD). The CONSULTANT shall 10 verify compatible format and quantity prior to final delivery. 11 B. CEQA Documents: 12 1. The CONSULTANT shall prepare CEQA documents, including but not limited 13 to an Initial Study, Mitigated Negative Declaration, Negative Declaration and Environmental 14 Impact Report to complete CEQA review in accordance with CEQA Guidelines. The CEQA 15 phase includes, but is not limited to, data compilation and review, impact assessment and 16 determination, documentation preparation, development of mitigation measures, response 17 to comments, as well as project management and public meeting attendance. 18 2. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 19 issues for the PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR 20 and communicate these requirements, criteria, or issues to the CONTRACT 21 ADMINISTRATOR. 22 3. The CONSULTANT shall assist the COUNTY in determining all permits that 23 may be required for the PROJECT and prepare all necessary permits for the COUNTY'S 24 submittal to outside agencies. 25 C. Design Plans, Technical Specifications and Construction Estimate for 26 Revegetation and Landscaping Projects: 27 1. The CONSULTANT shall ascertain the requirements the PROJECT(S) 28 through meetings with CONTRACT ADMINISTRATOR and a review of an existing COUNTY OF FRESNO Fresno,California 12/22/15 6 1 schematic layout of PROJECT(S). 2 2. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or 3 issues for the PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR 4 and communicate these requirements, criteria, or issues to the CONTRACT 5 ADMINISTRATOR. 6 3. The CONSULTANT shall provide surveying, if needed, for the PROJECT(S). 7 4. The CONSULTANT shall design the PROJECT(S) to conform to 8 requirements of the reviewing agencies having jurisdiction over the PROJECT(S). 9 5. The CONSULTANT shall design the PROJECT(S) to include mitigation 1 o measures included in the environmental document. 11 6. The CONSULTANT shall monitor and keep the CONTRACT 12 ADMINISTRATOR informed regarding the impact of design issues on the PROJECT 13 budget. Upon the written request of the CONTRACT ADMINISTRATOR, the 14 CONSULTANT shall incorporate into the design, such reasonable design and operational 15 changes as the CONTRACT ADMINISTRATOR deems appropriate as a result of the 16 COUNTY'S review processes and impact on each PROJECT budget or estimate. 17 7. The CONSULTANT shall assist the COUNTY in determining all permits that 18 may be required for the PROJECT and prepare all necessary permits for the COUNTY 19 submittal to outside agencies. 20 8. The CONSULTANT shall work with the CONTRACT ADMINISTRATOR to 21 ensure that the plans, specifications and estimate meet all requirements to be advertised 22 for construction bids. 23 9. The CONSULTANT shall prepare a detailed estimate, which shall identify the 24 construction components and requirements of the PROJECT. 25 10. The CONSULTANT shall, if required by approval agencies, submit to the 26 COUNTY in the appropriate agency forms, the PROJECT background information and 27 recommended testing and inspection list for materials to be used for each PROJECT 28 identifying type, quantity, frequency, and schedule. Submit required numbers of sets of COUNTY OF FRESNO Fresno,California 12/22/15 7 1 plans, specifications, and other documents required by approval agencies to the 2 CONTRACT ADMINISTRATOR. 3 11. The CONSULTANT shall prepare technical specifications and estimate 4 setting forth in detail, for each PROJECT, the work to be done, and the materials, 5 workmanship, and equipment required for all components of construction necessary to 6 provide the COUNTY with a PROJECT that is complete and fully functional for its intended 7 purpose, all within the fiscal constraints imposed and consistent with the professional 8 services required under this AGREEMENT. 9 12. The CONSULTANT shall assist the CONTRACT ADMINISTRATOR in 10 developing base bid and additive bid item schedules. 11 13. The CONSULTANT shall submit to the CONTRACT ADMINISTRATOR the 12 projected and final construction estimate, verify the reasonableness of the estimated 13 construction period for construction contract bidding purposes as provided by the 14 CONTRACT ADMINISTRATOR and identify long delivery times of materials and 15 equipment which will control length of construction contract. 16 14. The CONSULTANT shall respond to Requests for Clarification during the 17 bidding process and submit to the CONTRACT ADMINISTRATOR for review and approval 18 any additional specifications, clarifications, or additional plan sheets deemed necessary. 19 Responses should be submitted within three (3) working days of receipt. 20 15. The CONSULTANT shall assist the CONTRACT ADMINISTRATOR in 21 evaluating the bids received. 22 16. The CONSULTANT shall delete or otherwise change portions of the 23 construction work at the request of the CONTRACT ADMINISTRATOR if the lowest bid 24 proposal for the construction contract exceeds the COUNTY approved engineer's estimate 25 (which will include the CONSULTANT'S design contingency amount approved by the 26 COUNTY) by 10% or more; and if the COUNTY rejects all bids, modifications performed by 27 the CONSULTANT shall be completed on a time schedule commensurate with the scope 28 of the changes and as set forth by the COUNTY, and the CONSULTANT will be COUNTY OF FRESNO Fresno,California 12/22/15 8 1 compensated on a time and materials basis, as agreed to in writing, by the COUNTY and 2 the CONSULTANT. 3 17. The CONSULTANT shall submit one (1) hard copy of each drawing prepared 4 with AutoCAD Civil 3D, version 2013 or later and an electronic copy in the form of .DXF or 5 DWG files. Such submittals shall be furnished on CD. The CONSULTANT shall verify a 6 compatible format prior to final file delivery. 7 18. The CONSULTANT shall submit to the CONTRACT ADMINISTRATOR five 8 (5) copies of the 30%, 60% and 90% plans (22" X 34" format), specifications and estimates 9 for review. Submit progress prints and final originals of the plans, specifications, and 10 estimates. Prior to submission of plans, the CONSULTANT shall request from the 11 CONTRACT ADMINISTRATOR examples of acceptable drafting format and reproducible 12 standards. Verification of compatible format will be required prior to final file delivery. The 13 CONTRACT ADMINISTRATOR, at its discretion, may reject a submittal that is determined 14 insufficient. 15 a. 30% plans, specifications and estimates shall include copies of utility 16 locations, centerline stationing, proposed and existing right-of-way, typical sections and 17 structural sections. 18 b. 60% plans, specifications and estimates shall include 30% plan 19 information and in addition, preliminary cross sections and earthwork calculations at 25' or 20 50' intervals, adequate information to allow construction survey staking, permits, 21 preliminary profile grade, an updated engineer's estimate, and shall address comments 22 and include necessary revisions as identified by the CONTRACT ADMINISTRATOR in the 23 30% review. 24 C. 90% plans, specifications and estimates shall include 60% plan 25 information and in addition, updated cross sections and earthwork, profile grade, technical 26 specifications, typical sections and the PROJECT details, and shall address comments and 27 include necessary revisions as identified by the CONTRACT ADMINISTRATOR in the 60% 28 review. COUNTY OF FRESNO Fresno,California 12/22/15 9 i 1 d. Final original plans, specifications and estimates to be delivered to the 2 CONTRACT ADMINISTRATOR shall include: 3 i. One (1) original reproducible plan set on 22" by 34" sheets of 4 q mil thick double matte film. 5 ii. One (1) reproducible copy of cross sections on 22" by 34" 6 sheets of 4 mil thick double matte film. 7 iii. One (1) CD or DVD with final plans, cross sections and slope 8 stake information, design calculations, quantity calculations, and other design information 9 as applicable to the PROJECT. 10 iv. One (1) stamped and wet signed paper copy and one (1) CD or 11 DVD with final specifications and estimates. 12 19. Plan sheets, cross sections, earthwork calculations and slope stake 13 information shall be in AutoCAD Civil 3D, version 2013 or later. Slope stake information 14 shall include 50-foot intervals for tangent sections and 25-foot intervals for curved sections. 15 Specifications shall be in Microsoft Word, version 2010 or later and on 8 %2" by 11" pages. 16 Final engineer's estimates shall be in Microsoft Excel, version 2010 or later and on 8 '/2" by 17 11" pages. Estimates shall specify specialty and/or final pay items as described in the 18 Caltrans State Standard Specifications. Verification of compatible format will be required 19 prior to final file delivery. 20 20. The COUNTY will package the CONSULTANT'S documents with those other 21 documents that together will comprise the COUNTY'S construction contract and bid 22 specifications. 23 21. The CONSULTANT shall deliver to the CONTRACT ADMINISTRATOR three 24 (3) weeks prior to the advertising date (which will be determined by the CONTRACT 25 ADMINISTRATOR) the final completed original drawings and specifications for the 26 COUNTY printing and distribution of bid sets to interested contractors. The original 27 drawings and specifications index sheet shall be stamped by a seal with the 28 CONSULTANT'S and subconsultant's license numbers and license renewal dates and/or COUNTY OF FRESNO Fresno,California 12/22/15 10 1 signed in accordance with the California Business and Professions Code. 2 D. Construction Observation Services: 3 The CONSULTANT shall: 4 1. Attend the preconstruction conference scheduled by the CONTRACT 5 ADMINISTRATOR. 6 2. When requested by the CONTRACT ADMINISTRATOR, attend meetings 7 with the COUNTY, federal, state and/or local representatives. The CONSULTANT shall 8 prepare brief minutes of all meetings attended and promptly submit those minutes to the 9 CONTRACT ADMINISTRATOR within seven (7) calendar days. 10 3. Make recommendations to the COUNTY on all claims of the COUNTY or the 11 CONSULTANT and all other matters relating to the execution and progress of work, 12 including interpretation of the CONSULTANT'S contract documents. 13 4. Within seven (7) calendar days of the COUNTY'S request, review and make 14 recommendations for samples, schedules, shop drawings, and other submissions for 15 general conformance with the design concept of the PROJECT(S) and for general 16 compliance with the plans and specifications and information given by the 17 CONSULTANT'S contract documents. 18 5. Within two (2) working days, respond to requests from the CONTRACT 19 ADMINISTRATOR for information needed from the CONSULTANT in order to clarify 20 construction plans and specifications and to review the construction contractor's cost 21 estimates for all change orders. 22 6. Recommend and assist in the preparation of such change orders as deemed 23 necessary with supporting documentation, calculations and estimate, for review and 24 issuance of change orders by the COUNTY Construction Engineer to obtain appropriate 25 agency acceptance and approval. 26 7. Assist the COUNTY, at the DIRECTOR's express, written authorization, with 27 any claim resolution process involving the CONTRACTOR and the COUNTY as specified 28 hereunder, including serving as a witness in connection with any public hearings or legal COUNTY OF FRESNO Fresno,California 12/22/15 11 1 proceeding, and also including dispute resolutions required by law or hereunder. The 2 parties recognize that this clause is provided as a means of expediting resolution of claims 3 among the CONTRACTOR, the COUNTY, and the CONSULTANT. However, it is 4 understood the CONTRACTOR is not an intended third party beneficiary of this clause. 5 Compensation for these services shall be computed and invoiced at hourly rates listed in 6 Appendix D hereto. The CONSULTANT shall identify rates for expert witness services, 7 subject to review and approval or disapproval by the CONTRACT ADMINISTRATOR, in s Appendix D. Any proposed fee schedule (i.e.: Appendix D) which fails to identify rates for 9 expert witness services by the CONSULTANT will be rejected by the CONTRACT 10 ADMINISTRATOR. Any assistance provided by the CONSULTANT as described in this 11 Article III, Section C, Paragraph 7 shall be subject to the provisions of Article VI, 12 hereinafter, and shall also be subject to the following: 13 a. The DIRECTOR may believe the CONSULTANT'S work under the 14 AGREEMENT to have included negligent errors or omissions, or that the CONSULTANT 15 may otherwise have failed to comply with the provisions of the AGREEMENT, either 16 generally or in connection with its duties as associated with a particular PROJECT; and 17 that the cause(s) for a claim by the CONTRACTOR may be attributable, in whole or in part, 18 to such conduct on the part of the CONSULTANT. Upon notice by the DIRECTOR, the 19 payments to the CONSULTANT for such arguably deficient services shall be held in 20 suspense by the COUNTY until a final determination has been made, of the proportion that 21 the CONSULTANT'S fault bears to the fault of all other parties concerned. 22 b. Such amounts held in suspense shall not be paid to the 23 CONSULTANT, pending the final determination as to the CONSULTANT'S proportional 24 fault. However, the appropriate percentage of such amount held in suspense shall be paid 25 to the CONSULTANT, once a final determination has been made, and the CONSULTANT 26 thereafter submits a proper invoice to the COUNTY. Payment shall be issued in 27 accordance with the procedure outlined in Article VI, Section B, Paragraph 2. 28 8. At intervals appropriate to the stage of construction, or as otherwise deemed COUNTY OF FRESNO Fresno,California 12/22/15 12 1 necessary by the CONSULTANT, visit the site of the PROJECT(S) as necessary to 2 become familiar generally with the progress and quality of the work and to determine 3 whether the work is proceeding in general accordance with the contract documents. The 4 CONSULTANT shall not be required to make exhaustive or continuous onsite inspections 5 but shall give direction to the Construction Inspector as hereinafter more specifically 6 provided. The CONSULTANT shall not be responsible for the CONTRACTOR'S failure to 7 carry out the construction work in accordance with the contract documents. However, the 8 CONSULTANT shall immediately advise the CONTRACT ADMINISTRATOR of any known 9 or observed deviation from the contract documents. 10 9. Not have control over or charge of, and shall not be responsible for 11 construction means, methods, techniques, sequence, or procedure, or for the safety 12 precautions, programs, or equipment in use in connection with the work, since these are 13 solely the CONTRACTOR'S responsibility under the contract for construction. 14 10. Submit progress reports in accordance with the task order. These reports 15 shall be submitted at least once a month. The report should be sufficiently detailed for the 16 CONTRACT ADMINISTRATOR to determine if the CONSULTANT is performing to 17 expectations, or is on schedule; to provide communication of interim findings, and so 18 sufficiently address any difficulties or special problems encountered, so remedies can be 19 developed. 20 11. Advise the CONTRACT ADMINISTRATOR of defects and deficiencies 21 observed in the work of the CONTRACTOR, and may recommend that the DIRECTOR 22 reject work as failing to conform to the contract documents. 23 12. Conduct site visits and field observations to facilitate recommendations by the 24 CONSULTANT regarding: 25 a. dates of substantial completion. 26 b. dates of final completion. 27 C. the DIRECTOR'S acceptance of the work. 28 d. the DIRECTOR'S filing of the Notice of Completion and Issuance of COUNTY OF FRESNO Fresno,California 12/22/1 5 13 1 Final Certificate for payment. 2 e. other issues which may require site visits. 3 E. Control of Construction Project Site 4 The COUNTY agrees that in accordance with generally accepted practices, the 5 COUNTY'S CONTRACTOR will be required to assume sole and complete responsibility for 6 job site conditions during the course of construction projects; including safety of all persons 7 and property, and that this requirement shall be made to apply continuously during projects 8 and not be limited to normal working hours. The CONSULTANT shall not have control 9 over or charge of, and shall not be responsible for, project means, methods, techniques, 10 sequences or procedures, as these are solely the responsibility of the CONTRACTOR. 11 The CONSULTANT shall not have the authority to stop or reject the work of the 12 CONTRACTOR. 13 IV. OBLIGATIONS OF COUNTY 14 The COUNTY will: 15 A. Issue task orders on a project-by-project basis. Task orders will at a minimum 16 include scope of work, location, and schedule for the PROJECT. 17 B. Compensate the CONSULTANT as provided in the AGREEMENT. 18 C. Provide the CONTRACT ADMINISTRATOR as a representative of the 19 COUNTY and, as such, will work with the CONSULTANT in carrying out the provisions of 20 the AGREEMENT. 21 D. Provide basic plan sheet layouts as required. 22 E. Examine documents submitted to the COUNTY by the CONSULTANT and 23 timely render decisions pertaining thereto. 24 F. Provide aerial photographs as required. 25 G. Provide copies of any available existing as-built plans and right-of-way 26 drawings from the COUNTY files. 27 H. Provide mailing lists and labels for notification of property owners upon the 28 CONSULTANT'S request. COUNTY OF FRESNO Fresno,California 12/22/15 14 1 I. Provide preliminary engineering survey data on existing structures and 2 topographic mapping in Autocad Civil 3D, version 2013 or later, format to the 3 CONSULTANT, if available. 4 J. Prepare all legal descriptions and drawings required for right-of-way 5 acquisition and/or temporary construction permits. 6 K. Provide limited assistance in processing required permits. 7 L. Give reasonably prompt consideration to all matters submitted by the s CONSULTANT for approval to the end that there will be no substantial delays in the 9 CONSULTANT'S program of work. An approval, authorization or request to the 10 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms 11 of the AGREEMENT only if it is made in writing and signed on behalf of the COUNTY by 12 the CONTRACT ADMINISTRATOR. 13 V. PERFORMANCE PERIOD 14 A. The AGREEMENT shall go into effect upon execution by the COUNTY. The 15 AGREEMENT shall end on the third anniversary of the execution date, unless prior to its 16 expiration its term is extended in writing, for no more than two additional one-year terms, 17 by mutual consent of the DIRECTOR and the CONSULTANT. The CONSULTANT shall 18 commence work promptly after receipt of a notice to proceed issued by the CONTRACT 19 ADMINISTRATOR. 20 B. The CONSULTANT is advised and hereby acknowledges its understanding 21 that any recommendation for award is not binding on the COUNTY until the AGREEMENT 22 is fully executed following its approval by the COUNTY's Board of Supervisors. 23 C. The period of performance for each specific PROJECT shall be in 24 accordance with the Task Order for that PROJECT. Notwithstanding the provisions of 25 Paragraph VI.C.9, if work on a Task Order remains in progress on the expiration date of 26 this AGREEMENT, the term of the contract shall be extended by an appropriate contract 27 amendment, in accordance with the provisions of either Section V.A or Article X of this 28 AGREEMENT. COUNTY OF FRESNO Fresno,California 12/22/15 15 1 VI. ALLOWABLE COSTS AND PAYMENTS 2 A. Total Fee: 3 1. Notwithstanding any other provisions in the AGREEMENT, the Total Fee for 4 the services required under the AGREEMENT, shall not exceed the total sum of Five 5 Hundred Thousand and No/100 Dollars ($500,000.00) over the entire term of the 6 AGREEMENT. Compensation for the services rendered shall be computed at the hourly 7 and cost rates shown in Appendix D, subject to any adjustments that may be approved in 8 accordance with Article VI, Section A, Paragraph 3. 9 2. The hourly and cost rates listed herein for services rendered by the 10 CONSULTANT and subconsultants shall remain in effect for the entire duration of the 11 AGREEMENT unless adjusted in accordance with the provisions of Article VI, Section A, 12 Paragraphs 3, 5, or 6. 13 3. The hourly rates paid for services performed by the CONSULTANT and by 14 subconsultants of the CONSULTANT and the rates for expenses incidental to the 15 CONSULTANT'S and subconsultant's performance of services may be adjusted no more 16 than once annually for inflation, in accordance with the following provisions: the 17 CONSULTANT may request new labor rates and new rates for expenses incidental to the 18 CONSULTANT'S and subconsultant's performance of services subject to written approval 19 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article VI, 20 Section A, Paragraph 3. The CONSULTANT shall initiate the rate adjustment process by 21 submitting to the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The 22 proposed adjusted fee schedule shall include proposed hourly rates for all categories of the 23 CONSULTANT and subconsultants wage classifications and proposed rates for incidental 24 expenses listed in Appendix D. The proposed adjusted fee schedule shall not take effect 25 unless approved in writing by the CONTRACT ADMINISTRATOR. The CONSULTANT 26 hereby acknowledges its understanding that approval by the CONTRACT 27 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide 28 a basis for any increase in the total fee of $500,000.00, as set forth in Article VI, Section A, COUNTY OF FRESNO Fresno,California 12/22/15 16 1 Paragraph 1. 2 4. Expenses incidental to the CONSULTANT'S and subconsultant's 3 performance of services under Article III of the AGREEMENT shall be charged at the rates 4 listed in Appendix D, subject to any adjustments that may be approved in accordance with 5 Article VI, Section A, Paragraphs 3, 5, or 6. Unless incorporated in an adjusted fee 6 schedule approved by the CONTRACT ADMINISTRATOR in accordance with Article VI, 7 Section A, Paragraphs 3, 5, or 6, all other expenses incidental to the CONSULTANT'S and 8 subconsultant's performance of the services under Article III of the AGREEMENT that are 9 not listed in Appendix D shall be borne by the CONSULTANT. 10 5. In the event that, in accordance with Article I, Section D, the CONTRACT 11 ADMINISTRATOR approves the CONSULTANT to retain additional subconsultants not 12 listed in Appendix S, hourly rates paid for services performed by such additional 13 subconsultants of the CONSULTANT and the rates for expenses incidental to 14 subconsultants performance of services may be adjusted no more than once annually for 15 inflation, in accordance with Article VI, Section A, Paragraph 3. The first annual 16 adjustment of hourly and incidental expense rates for such additional subconsultants shall 17 not be approved prior to one year after the CONTRACT ADMINISTRATOR approval of the 18 retention of such additional subconsultant(s) by the CONSULTANT. 19 6. Notwithstanding any other provisions in the AGREEMENT, the CONTRACT 2® ADMINISTRATOR may, at any time, authorize in writing the revision of the 21 CONSULTANT'S or subconsultant's charge rates for incidental expenses to include 22 additional categories of such expenses if, in the opinion of the CONTRACT 23 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S 24 performance of the PROJECT(S). 25 S. Payments: 26 1. Progress payments will be made by the COUNTY upon receipt of the 27 CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR 28 thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the COUNTY OF FRESNO Fresno,California 12/22/15 17 1 respective components of the assigned PROJECT. Invoices shall clearly identify the 2 Phase and Task of the work, and the date(s) on which the work was performed, and shall 3 be submitted with the documentation identified in Article VI, Section S, Paragraph 5. 4 Invoices shall be forwarded electronically to: PWPEusinessOffice(a)-co.fresno.ca.us. 5 2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR will take 6 a maximum of ten (10) working days to review, approve, and submit it to the COUNTY 7 Auditor Controller/Treasurer Tax Collector. Unsatisfactory or inaccurate invoices will be 8 returned to the CONSULTANT for correction and resubmittal. Payment, less retention, if 9 applicable, will be issued to the CONSULTANT within forty (40) calendar days of the date 10 the Auditor Controller/Treasurer Tax Collector receives the approved invoice. 11 3. The COUNTY is entitled to withhold a five percent (5%) retention from the 12 CONSULTANT'S earned compensation in accordance with the provisions of Article VII of 13 the AGREEMENT. 14 4. An unresolved dispute over a possible error or omission may cause payment 15 of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY. 16 5. Concurrently with the invoices, the CONSULTANT shall certify (through 17 copies of issued checks, receipts, or other COUNTY pre-approved documentation) that 18 complete payment, less a five percent (5%) retention, except as otherwise specified in 19 Article VII, has been made to all subconsultants as provided herein for all previous invoices 20 paid by the COUNTY. However, the parties do not intend that the foregoing create in any 21 subconsultants or sub-contractor a third party beneficiary status or any third party 22 beneficiary rights, and expressly disclaim any such status or rights. 23 6. Final invoices, and separate invoices for retentions, shall be submitted to the 24 CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase is completed. 25 Payment for retentions, if any, shall not be made until all services for the phase are 26 completed. 27 7. In the event the DIRECTOR reduces the scope of CONSULTANT'S work 28 under the AGREEMENT for a specific PROJECT (or discontinues a specific PROJECT), COUNTY OF FRESNO Fresno,California 12/22/15 18 i 1 whether due to a deficiency in the appropriation of anticipated funding or otherwise, the 2 CONSULTANT will be compensated on a pro rata basis for actual work completed and 3 accepted by the DIRECTOR in accordance with the terms of the AGREEMENT. 4 C. Other Provisions: 5 1. Specific PROJECTS will be assigned to CONSULTANT through issuance of 6 Task Orders. 7 2. After a PROJECT to be performed under this AGREEMENT is identified by 8 the COUNTY, the COUNTY will prepare a draft Task Order. A draft Task Order will identify 9 the scope of services, expected results, project deliverables, period of performance, project 10 schedule and will designate a COUNTY Project Coordinator. The draft Task Order will be 11 delivered to the CONSULTANT for review. The CONSULTANT shall return the draft Task 12 Order within ten (10) calendar days along with a Cost Estimate, including a written estimate 13 of the number of hours and hourly rates per staff person, any anticipated reimbursable 14 expenses, overhead, fee if any, and total dollar amount. After agreement has been 15 reached on the negotiable items and total cost, the finalized Task Order shall be signed by 16 both the COUNTY and the CONSULTANT. 17 3. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for 18 specific rates of compensation, both of which must be based on the labor and other rates 19 set forth in the CONSULTANT's Cost Proposal. 20 4. Reimbursement for transportation and subsistence costs shall not exceed the 21 rates as specified in the approved Cost Proposal. 22 5. When milestone cost estimates are included in the approved Cost Proposal, 23 the CONSULTANT shall obtain prior written approval for a revised milestone cost estimate 24 from the CONTRACT ADMINISTRATOR before exceeding such estimate. 25 6. Progress payments for each Task Order will be made monthly in arrears 26 based on services provided and actual costs incurred. 27 7. The CONSULTANT shall not commence performance of work or services 28 until this AGREEMENT has been approved by the COUNTY, and notification to proceed on COUNTY OF FRESNO Fresno,California 12/22/15 19 1 a specific Task Order has been issued by the COUNTY'S CONTRACT ADMINISTRATOR. 2 No payment will be made prior to approval or for any work performed prior to approval of 3 this AGREEMENT. 4 8. A Task Order is of no force or effect until returned to the COUNTY and 5 signed by an authorized representative of the COUNTY. No expenditures are authorized 6 on a project and work shall not commence until a Task Order for that PROJECT has been 7 executed by the COUNTY. 8 9. The period of performance for Task Orders shall be in accordance with dates 9 specified in the Task Order. No Task Order will be written which provides for a completion 10 date that extends beyond the expiration date of this AGREEMENT. 11 10. The total amount payable by the COUNTY for an individual Task Order shall 12 not exceed the amount agreed to in the Task Order, unless authorized by an appropriate 13 contract amendment. 14 11. If the CONSULTANT fails to satisfactorily complete a deliverable according to 15 the schedule set forth in a Task Order, no payment will be made until the deliverable has 16 been satisfactorily completed. 17 12. Task Orders may not be used to amend this AGREEMENT and may not 18 cumulatively exceed the TOTAL FEE amount approved for the scope of work under this 19 AGREEMENT, as set forth in Paragraph VI.A.1 above.. 20 VII. RETENTION FROM EARNED COMPENSATION 21 In addition to any amounts withheld under Article III, 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 be withheld for a PROJECT, 25 the CONTRACT ADMINISTRATOR will so state in writing prior to commencement of the 26 PROJECT by the CONSULTANT and will identify the PROJECT-specific prerequisites 27 (such as successful completion of a PROJECT phase, as an example) for the release of 28 retentions. COUNTY OF FRESNO Fresno,California 12/22/15 20 1 VIII. TERMINATION 2 A. The AGREEMENT may be terminated without cause at any time by the 3 COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this 4 AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily 5 completed to the date of termination based upon the compensation rates and subject to 6 the maximum amounts payable agreed to in Article VI, together with such additional 7 services satisfactorily performed after termination which are expressly authorized by the 8 COUNTY to conclude the work performed to date of termination. 9 B. If the CONSULTANT purports to terminate the AGREEMENT, or otherwise 10 refuses to perform pursuant to the AGREEMENT, for reasons other than material breach 11 by the COUNTY, the CONSULTANT shall reimburse the COUNTY, up to a maximum of 12 $10,000 for the actual expense of issuing a Request For Proposal (RFP), engaging a new 13 consultant, and the new consultant's cost in becoming familiar with the previous 14 CONSULTANT'S work. The COUNTY'S entitlement to such reimbursement shall in no 15 way be construed as a limitation on other damages that may be recoverable by the 16 COUNTY as a result of the CONSULTANT'S termination, in breach of its obligations 17 hereunder. 18 C. The COUNTY may immediately suspend or terminate the AGREEMENT in 19 whole or in part, where in the determination of the COUNTY there is: 20 1. An illegal or improper use of funds; 21 2. A failure to comply with any term of the AGREEMENT; 22 3. A substantially incorrect or incomplete report submitted to the COUNTY; 23 4. Improperly performed service. 24 D. In no event shall any payment by the COUNTY constitute a waiver by the 25 COUNTY of any breach of the AGREEMENT or any default which may then exist on the 26 part of the CONSULTANT. Neither shall such payment impair or prejudice any remedy 27 available to the COUNTY with respect to the breach or default. The DIRECTOR shall have 28 the right to demand of the CONSULTANT the repayment to the COUNTY of any funds COUNTY OF FRESNO Fresno,California 12/22/15 21 1 disbursed to the CONSULTANT under the AGREEMENT, which, in the judgment of the 2 DIRECTOR and as determined in accordance with the procedures of Article XVI, were not 3 expended in accordance with the terms of the AGREEMENT. The CONSULTANT shall 4 promptly refund any such funds upon demand. 5 E. The terms of the AGREEMENT, and the services to be provided thereunder, 6 are contingent on the approval of funds by the appropriating government agency. Should 7 sufficient funds not be allocated, the services provided may be modified, or the 8 AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days advance 9 written notice. In the event of termination on the basis of this Paragraph, the 10 CONSULTANT'S entitlement to payment, in accordance with the payment provisions set 11 forth hereinabove, shall apply only to work performed by the CONSULTANT prior to receipt 12 of written notification of such non-allocation of sufficient funding. 13 IX. FUNDING REQUIREMENTS 14 A. It is mutually understood between the parties that the AGREEMENT may 15 have been written before ascertaining the availability of funds or appropriation of funds, for 16 the mutual benefit of both parties, in order to avoid program and fiscal delays that would 17 occur if the AGREEMENT were executed after that determination was made. 18 B. The AGREEMENT is subject to any additional restrictions, limitations, 19 conditions, or any legislation enacted by the Congress, State Legislature or County Board 20 of Supervisors that may affect the provisions, terms, or funding of the AGREEMENT in any 21 manner. 22 C. It is mutually agreed that if sufficient funds are not appropriated, the 23 AGREEMENT may be amended to reflect any reduction in funds. 24 D. The COUNTY has the option to void the AGREEMENT under the 30-day 25 cancellation clause, or to amend the AGREEMENT by mutually acceptable modification of 26 its provisions to reflect any reduction of funds. 27 X. CHANGE IN TERMS 28 A. The AGREEMENT may be amended or modified only by mutual written COUNTY OF FRESNO Fresno,California 12/22/15 22 1 agreement of both parties. Except as provided in Article V, Section A, any such written 2 amendment to this AGREEMENT may be approved on the COUNTY's behalf only by its 3 Board of Supervisors. 4 B. The CONSULTANT shall only commence work covered by an amendment 5 after the amendment has been fully executed and written notification to proceed has been 6 issued by the CONTRACT ADMINISTRATOR. 7 XI. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION 8 A. The CONSULTANT must give consideration to Disadvantaged Business 9 Enterprise (hereinafter referred to as "DBE") firms as specified in 23 Code of Federal 10 Regulations (hereinafter referred to as "CFR") Section 172.5(b), and in 49 CFR, Part 26. 11 The CONSULTANT must meet the DBE goal established for PROJECT(S) by using DBEs 12 as subconsultants or document a good faith effort to have met the goal. If a DBE 13 subconsultant is unable to perform, the CONSULTANT must make a good faith effort to 14 replace him/her with another DBE subconsultant if the goal is not otherwise met. 15 B. The CONSULTANT is responsible for being fully informed regarding the 16 requirements of Title 49 CFR, Part 26 and CALTRANS' Disadvantaged Business 17 Enterprise program developed pursuant to the regulations, as detailed in Appendix C, 18 Notice to Proposers DBE Information, attached hereto and incorporated herein. 19 C. A DBE subconsultant may be terminated only with written approval by the 20 CONTRACT ADMINISTRATOR and only for reasons specified in 49 CFR Section 26.53(f). 21 Prior to requesting the CONTRACT ADMINISTRATOR consent for the proposed 22 termination, the CONSULTANT must meet the procedural requirements specified in 49 23 CFR Section 26.53(f). 24 XII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS 25 A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 26 Title 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., 27 shall be used to determine the allowability of cost for individual items. The CONSULTANT 28 shalt sign the Certification of Contract Costs and Financial Management System, attached COUNTY OF FRESNO Fresno,California 12122/15 23 1 hereto and incorporated herein as Appendix E. 2 B. The CONSULTANT also agrees to comply with federal procedures in 3 accordance with Title 49 CFR, Part 18, Uniform Administrative Requirements for Grants 4 and Cooperative Agreements to State and Local Governments. 5 C. Any costs for which payment has been made to the CONSULTANT that are 6 determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR, 7 Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to 8 repayment by the CONSULTANT to the COUNTY. 9 D. All subcontracts in excess of $25,000 shall contain the above provisions. 10 XIII. COVENANT AGAINST CONTINGENT FEES 11 The CONSULTANT warrants, by execution of the AGREEMENT, that the 12 CONSULTANT has not employed or retained any company or person, other than a bona 13 fide employee working for the CONSULTANT; to solicit or secure the AGREEMENT; and 14 that CONSULTANT has not paid or agreed to pay any company or person other than a 15 bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other 16 consideration, contingent upon or resulting from the award or formation of the 17 AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right 18 to annul the AGREEMENT without liability, and to pay only for the value of the work 19 actually performed by the CONSULTANT, or alternatively in the COUNTY's discretion, to 20 deduct from the contract price or consideration, or otherwise recover the full amount of 21 such any such commission, percentage, brokerage fee, gift, contingent fee or similar form 22 of consideration previously paid by the CONSULTANT. 23 XIV. RETENTION OF RECORDS/AUDIT 24 A. For the purpose of determining the sufficiency of the CONSULTANT'S 25 performance of the contract (and compliance with Public Contract Code 10115, et seq. and 26 Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when 27 applicable), the CONSULTANT, subcontractors, and the COUNTY, and each of them, shall 28 maintain all books, documents, papers, accounting records, and other evidence pertaining COUNTY OF FRESNO Fresno,California 12/22115 24 1 to the performance of the AGREEMENT, including but not limited to, the costs of 2 administering the AGREEMENT. 3 S. All parties shall make such materials available at their respective offices at all 4 reasonable times throughout the entirety of the contract term and for three years from the 5 date of final payment under the contract, pursuant to Government Code 8546.7. The state, 6 the State Auditor, the COUNTY, Federal Highway Administration, or any duly authorized 7 representative of the federal government shall have access to any books, records, and 8 documents of the CONSULTANT that are pertinent to the contract for audit, examinations, g excerpts, and transactions, and copies thereof shall be furnished if requested, as more 10 thoroughly set forth in Section D of the immediately following Article XV of the 11 AGREEMENT. It shall be the responsibility of the CONSULTANT to ensure that all 12 subcontracts in excess of$25,000 shall contain this provision. 13 XV. AUDIT REVIEW PROCEDURES 14 A. Any dispute concerning a question of fact arising under an interim or post 15 audit of this contract that is not disposed of by agreement between the parties, shall be 16 reviewed by the COUNTY's Auditor-Controller/Treasurer-Tax Collector. 17 S. Not later than 30 days after issuance of the final audit report, the 18 CONSULTANT may request a review by the COUNTY's Auditor-Controller/Treasurer-Tax 19 Collector of unresolved audit issues. The request for review will be submitted in writing. 20 C. Neither the pendency of a dispute nor its consideration by the COUNTY will 21 excuse the CONSULTANT from full and timely performance, in accordance with the terms 22 of the AGREEMENT. 23 D. The CONSULTANT and subconsultants' contracts, including cost proposals 24 and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a 25 Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) 26 ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal 27 and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 4 28 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit COUNTY OF FRESNO Fresno,California 12/22/15 25 i 1 Workpaper Review it is the CONSULTANT's responsibility to ensure federal, state, or local 2 government officials are allowed full access to the CPA's workpapers. The AGREEMENT, 3 cost proposal, and ICR shall be adjusted by CONSULTANT and approved by the 4 CONTRACT ADMINISTRATOR to conform to the audit or review recommendations. The 5 CONSULTANT agrees that individual terms of costs identified in the audit report shall be 6 incorporated into the contract by this reference if directed by the COUNTY at its sole 7 discretion. Refusal by the CONSULTANT to incorporate audit or review recommendations, s or to ensure that the Federal, State, or local governments have access to CPA workpapers, 9 will be considered a breach of contract terms and cause for termination of the 10 AGREEMENT and disallowance of prior reimbursed costs. 11 XVI. ERRORS OR OMISSIONS CLAIMS AND DISPUTES 12 A. Definitions: 13 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of 14 professional services, acting as a business entity (owner, partnership, corporation, joint 15 venture or other business association) in accordance with the terms of an agreement with 16 the COUNTY. 17 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter 18 of right, adjustment or interpretation of contract terms, payment of money, extension of 19 time, change orders, or other relief with respect to the terms of the contract. The term 20 "Claim" also includes other disputes and matters in question between the COUNTY and 21 the CONSULTANT arising out of or relating to the contract. Claims must be made by 22 written notice. The provisions of Government Code section 901, et seq., shall apply to 23 every claim made to the COUNTY. The responsibility to substantiate claims shall rest with 24 the party making the claim. The term "Claim" also includes any allegation of an error or 25 omission by the CONSULTANT. 26 S. In the spirit of cooperation between the COUNTY and the CONSULTANT, the 27 following procedures are established in the event of any claim or dispute alleging a 28 negligent error, act, or omission, of the CONSULTANT. COUNTY OF FRESNO Fresno,California 12/22/15 26 1 1. Claims, disputes or other matters in question between the parties, arising out 2 of or relating to the AGREEMENT, shall not be subject to arbitration, but shall be subject to 3 the following procedures. 4 2. The COUNTY and the CONSULTANT shall meet and confer and attempt to 5 reach agreement on any dispute, including what damages have occurred, the measure of 6 damages and what proportion of damages, if any, shall be paid by either party. The parties 7 agree to consult and consider the use of mediation or other form of dispute resolution prior s to resorting to litigation. 9 3. If the COUNTY and the CONSULTANT cannot reach agreement under 10 Article XVi, Section S, Paragraph 2, the disputed issues may, upon concurrence by all 11 parties, be submitted to a panel of three (3) for a recommended resolution. The 12 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the 13 third member shall be selected by the other two panel members. The discovery rights 14 provided by California Code of Civil Procedure for civil proceedings shall be available and 15 enforceable to resolve the disputed issues. Either party requesting this dispute resolution 16 process shall, when invoking the rights to this panel, give to the other party a notice 17 describing the claims, disputes and other matters in question. Prior to twenty (20) working 18 days before the initial meeting of the panel, both parties shall submit all documents such 19 party intends to rely upon to resolve such dispute. If it is determined by the panel that any 20 party has relied on such documentation, but has failed to previously submit such 21 documentation on a timely basis to the other party, the other party shall be entitled to a 20- 22 working-day continuance of such initial meeting of the panel. The decision by the panel is 23 not a condition precedent to arbitration, mediation or litigation. 24 4. Upon receipt of the panel's recommended resolution of the disputed issue(s), 25 the COUNTY and the CONSULTANT shall again meet and confer and attempt to reach 26 agreement. If the parties still are unable to reach agreement, each party shall have 27 recourse to all appropriate legal and equitable remedies. 28 C. The procedures to be followed in the resolution of claims and disputes may COUNTY OF FRESNO Fresno,California 12/22/15 27 1 be modified any time by mutual agreement of the parties hereto. 2 D. The CONSULTANT shall continue to perform its obligations under the 3 AGREEMENT pending resolution of any dispute, and the COUNTY shall continue to make 4 payments of all undisputed amounts due under the AGREEMENT. 5 E. When a claim by either party has been made alleging the CONSULTANT'S 6 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and 7 confer within twenty-one (21) working days after the written notice of the claim has been 8 provided. 9 XVII. SUBCONTRACTING 10 A. Nothing contained in this AGREEMENT or otherwise shall create any 11 contractual relation between the COUNTY and any subconsultant(s), and no subcontract 12 shall relieve the CONSULTANT of any of its responsibilities and obligations hereunder. 13 The CONSULTANT agrees to be as fully responsible to the COUNTY for the acts and 14 omissions of its subconsultant(s) and of persons either directly or indirectly employed by 15 any of them as it is for the acts and omissions of persons directly employed by the 16 CONSULTANT. It is specifically agreed and acknowledged that the CONSULTANT'S 17 obligation to pay its subconsultant(s) is an entirely independent obligation from the 18 COUNTY'S obligation to make payments to the CONSULTANT. 19 B. The CONSULTANT shall perform the work contemplated with resources 20 available within its own organization; and no portion of the work pertinent to this contract 21 shall be subcontracted without prior written authorization by the CONTRACT 22 ADMINISTRATOR, excepting only those portions of the work and the responsible 23 subconsultants that are expressly identified in Appendix B hereto. 24 C. The CONSULTANT shall pay its subconsultants within ten (10) calendar days 25 from receipt of each payment made to the CONSULTANT by the COUNTY. 26 D. Any subcontract in excess of $25,000 entered into by CONSULTANT, 27 pertaining to work to be performed under the AGREEMENT, shall contain all of the 28 provisions stipulated in this AGREEMENT to be applicable to subconsultants. COUNTY OF FRESNO Fresno,California 12/22/15 28 1 E. Any substitution of subconsultant(s) must be approved in writing by the 2 CONTRACT ADMINISTRATOR prior to the start of work by such subconsultant(s). 3 XVIII. EQUIPMENT PURCHASE 4 A. Prior authorization in writing by the CONTRACT ADMINISTRATOR shall be 5 required before the CONSULTANT enters into any unbudgeted purchase order, or 6 subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The 7 CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such 8 costs. 9 B. Prior authorization by the CONTRACT ADMINISTRATOR shall be required 10 for purchase of any item, service or consulting work in excess of $5,000 that is not covered 11 in the CONSULTANT'S Cost Proposal; and the CONSULTANT'S request must be 12 accompanied by at least three competitive quotations, unless the absence of bidding is 13 adequately justified, to the satisfaction of the CONTRACT ADMINISTRATOR in his or her 14 discretion, by written explanation provided by the CONSULTANT with its submittal. 15 C. Any authorized purchase of equipment as a result of the AGREEMENT is 16 subject to the following: "The CONSULTANT shall maintain an inventory of all 17 nonexpendable property. Nonexpendable property is defined as having a useful life of at 18 least two years and an acquisition cost of$5,000 or more. If the purchased equipment 19 needs replacement and is sold or traded in, the COUNTY shall receive a proper refund or 20 credit at the conclusion of the contract, or if the contract is terminated, the CONSULTANT 21 may either keep the equipment and credit the COUNTY in an amount equal to its fair 22 market value, or sell such equipment at the best price obtainable at a public or private sale, 23 in accordance with established COUNTY procedures; and credit the COUNTY in an 24 amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair 25 market value shall be determined at the CONSULTANT'S expense, on the basis of a 26 competent independent appraisal of such equipment. Appraisals shall be obtained from an 27 appraiser mutually agreeable to by the COUNTY and the CONSULTANT, if it is determined 28 to sell the equipment, the terms and conditions of such sale must be approved in advance COUNTY OF FRESNO Fresno,California 12/22/15 29 1 by the COUNTY." Title 49 CFR, Part 18 requires a credit to Federal funds when 2 participating equipment with a fair market value greater than $5,000.00 is credited to the 3 PROJECT. 4 D. All subcontracts in excess of$25,000 shall contain the foregoing 5 provisions set forth in Sections A through C, inclusive, of this Section XVIII. 6 XIX. HOLD HARMLESS: 7 A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers, 8 agents, and employees, against the payment of any and all costs and expenses (including 9 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for 10 bodily and personal injury to or death of any person or for loss of any property resulting 11 from or arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT, 12 its officers, agents, and employees, in performing or failing to perform any work, services, 13 or functions under this Agreement. 14 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate 15 in the defense of any claim, suit, or other action alleging liability, arising from the 16 performance or failure to perform of any COUNTY construction contractor or subcontractor 17 in connection with any project for which CONSULTANT has been retained under Article III 18 above. Such cooperation may include an agreement to prepare and present a cooperative 19 defense after consultation with CONSULTANT's professional liability insurance carrier. 20 21 XX. INSURANCE 22 A. Without limiting the COUNTY'S right to obtain indemnification from the 23 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain 24 in full force and effect, the following insurance policies prior to commencement of any work 25 for the COUNTY and, thereafter, throughout the entire term of the AGREEMENT (with the 26 exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full 27 force and effect for the additional period of time required by Article XX, Section A, 28 Paragraph 4). COUNTY OF FRESNO Fresno,California 12/22/15 30 1 1. Commercial General Liability Insurance with limits not less than One Million 2 Dollars ($1,000,000.00) per occurrence and an annual aggregate of not less than Two 3 Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. The 4 COUNTY may require specific coverages including completed operations, products liability, 5 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability 6 insurance deemed necessary because of the nature of the AGREEMENT. 7 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of 8 Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand 9 Dollars ($500,000.00) per accident and for property damages of Fifty Thousand Dollars 10 ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand 11 Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in 12 connection with the AGREEMENT. 13 3. Worker's Compensation insurance policy as required by the California Labor 14 Code. 15 4. Professional Liability Insurance: 16 a. If the CONSULTANT employs licensed professional staff in providing 17 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00) 18 per claim, Three Million Dollars ($3,000,000.00) annual aggregate. 19 b. The Professional Liability Insurance shall be kept in full force and 20 effect for a period of three (3) years from the date of substantial completion of the 21 CONSULTANT'S work as determined by the COUNTY. 22 The CONSULTANT shall obtain endorsements to the Commercial General Liability 23 insurance naming the COUNTY, its officers, agents, and employees, individually and 24 collectively, as additional insured, but only insofar as the operations under the 25 AGREEMENT are concerned. Such coverage for additional insured shall apply as primary 26 insurance and any other insurance, or self-insurance, maintained by the COUNTY, its 27 officers, agents and employees shall be excess only and not contributing with insurance 28 provided under the CONSULTANT'S policies herein. The CONSULTANT shall give the COUNTY OF FRESNO Fresno,California 12/22/15 31 1 COUNTY at least thirty (30) days advance written notice of any cancellation, expiration, 2 reduction or other material change in coverage with respect to any of the aforesaid policies. 3 Prior to commencing any such work under the AGREEMENT, the CONSULTANT 4 shall provide to the COUNTY certificates of insurance and endorsements for all of the 5 required policies as specified above, stating that all such insurance coverage has been 6 obtained and is in full force; that the COUNTY, its officers, agents and employees will not 7 be responsible for any premiums on the policies; that such Commercial General Liability s insurance names the COUNTY, its officers, agents and employees, individually and 9 collectively, as additional insured, but only insofar as the operations under the 10 AGREEMENT are concerned; that such coverage for additional insured shall apply as 11 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, 12 its officers, agents and employees, shall be excess only and not contributing with insurance 13 provided under the CONSULTANT'S policies herein; and that this insurance shall not be 14 cancelled or changed without a minimum of thirty (30) days advance, written notice given 15 to the COUNTY. All certificates shall clearly indicate the COUNTY'S identifying Contract 16 Number for this AGREEMENT, and the certificates shall be sent to the attention of the 17 CONTRACT ADMINISTRATOR. 18 In the event the CONSULTANT fails to keep in effect at all times insurance 19 coverage as herein provided, the COUNTY may, in addition to other remedies it may have, 20 suspend or terminate this AGREEMENT upon the occurrence of such event. All policies 21 shall be issued by admitted insurers licensed to do business in the State of California, and 22 all such insurance shall be purchased from companies possessing a current A.M. Best, 23 Inc. rating of A and FSC VII or better. 24 XXI. INSPECTION OF WORK 25 The CONSULTANT and any subcontractor shall permit the COUNTY, the state, and 26 the FHWA to review and inspect the PROJECT activities and files at all reasonable times 27 during the performance period of the AGREEMENT including review and inspection on a 28 daily basis. COUNTY OF FRESNO Fresno,California 12/22/15 32 1 XXII. OWNERSHIP OF DATA 2 A. All documents, including preliminary documents, calculations, and survey 3 data, required in performing services under the AGREEMENT shall be submitted to, and 4 shall remain at all times the property of the COUNTY regardless of whether they are in the 5 possession of the CONSULTANT or any other person, firm, corporation or agency. 6 B. The CONSULTANT understands and agrees the COUNTY shall retain full 7 ownership rights of the drawings and work product of the CONSULTANT for the s PROJECT, to the fullest extent permitted by law. In this regard, the CONSULTANT 9 acknowledges and agrees the CONSULTANT'S services are on behalf of the COUNTY 10 and are "works made for hire," as that term is defined in copyright law, by the COUNTY; 11 that the drawings and work product to be prepared by the CONSULTANT are for the sole 12 and exclusive use of the COUNTY, and that the COUNTY shall be the sole owner of all 13 patents, copyrights, trademarks, trade secrets and other rights and contractual interests in 14 connection therewith which are developed and compensated solely under the 15 AGREEMENT; that all the rights, title and interest in and to the drawings and work product 16 will be transferred to the COUNTY by the CONSULTANT to the extent the CONSULTANT 17 has an interest in and authority to convey such rights; and the CONSULTANT will assist 18 the COUNTY to obtain and enforce patents, copyrights, trademarks, trade secrets, and 19 other rights and contractual interests relating to said drawings and work product, free and 20 clear of any claim by the CONSULTANT or anyone claiming any right through the 21 CONSULTANT. The CONSULTANT further acknowledges and agrees the COUNTY's 22 ownership rights in such drawings or work product, shall apply regardless of whether such 23 drawings or work product, or any copies thereof, are in possession of the CONSULTANT, 24 or any other person, firm, corporation, or entity. For purposes of this AGREEMENT the 25 terms "drawings and work product" shall mean all reports and study findings commissioned 26 to develop the PROJECT design, drawings and schematic or preliminary design 27 documents, certified reproducibles of the original final construction contract drawings, 28 specifications, the approved estimate, record drawings, as-built plans, and discoveries, COUNTY OF FRESNO Fresno,California 12/22/15 33 1 developments, designs, improvement, inventions, formulas, processes, techniques, or 2 specific know-how and data generated or conceived or reduced to practice or learning by 3 the CONSULTANT, either alone or jointly with others, that result from the tasks assigned to 4 the CONSULTANT by the COUNTY under the AGREEMENT. 5 C. If the AGREEMENT is terminated during or at the completion of any phase 6 under Article III, a reproducible copy of report(s) or preliminary documents shall be 7 submitted by the CONSULTANT to the COUNTY, which may use them to complete the 8 PROJECT(S) at a future time. 9 D. If the PROJECT is terminated at the completion of a construction document 10 phase of the PROJECT, certified reproducibles on 4 mil thick double matte film of the 11 original final construction contract drawings, specifications, and approved engineer's 12 estimate shall be submitted by the CONSULTANT to the COUNTY. 13 E. Documents, including drawings and specifications, prepared by the 14 CONSULTANT pursuant to the AGREEMENT are intended to be suitable for reuse by the 15 COUNTY or others on extensions of the services provided for the PROJECT. Any use of 16 completed documents for projects other than the PROJECT(S) and/or any use of 17 uncompleted documents will be at the COUNTY'S sole risk and without liability or legal 18 exposure to the CONSULTANT. 19 The electronic files provided by the CONSULTANT to the COUNTY are submitted 20 for an acceptance period lasting until the expiration of the AGREEMENT (i.e., throughout 21 the duration of the contract term, including any extensions). Any defects the COUNTY 22 discovers during such acceptance period will be reported to the CONSULTANT and will be 23 corrected as part of the CONSULTANT'S "Basic Scope of Work." 24 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising 25 out of, or connected with (1) the modification or misuse by the COUNTY or anyone 26 authorized by the COUNTY, of such CAD data, or (2) decline of accuracy or readability of 27 CAD data due to inappropriate storage conditions or duration; or (3) any use by the 28 COUNTY, or anyone authorized by the COUNTY, of such CAD data or other PROJECT COUNTY OF FRESNO Fresno,California 12/22/15 34 1 documentation for additions to the PROJECT for the completion of the PROJECT by 2 others, or for other projects; except to the extent that said use may be expressly 3 authorized, in writing, by the CONSULTANT. 4 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the 5 copyrighting of reports or other products of the AGREEMENT; and provided further, that if 6 copyrights are permitted; the CONSULTANT hereby agrees and this AGREEMENT shall 7 be deemed to provide that the Federal Highway Administration shall have the royalty-free 8 nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize 9 others to use, the work for government purposes. 10 XXIII. CLAIMS FILED BY COUNTY'S CONSTRUCTION CONTRACTOR 11 A. If claims are filed by the COUNTY's CONTRACTOR relating to work 12 performed by the CONSULTANT'S personnel, and additional information or assistance 13 from the CONSULTANT'S personnel is required in order to evaluate or defend against 14 such claims, then the CONSULTANT hereby agrees in such event to make its personnel 15 available for consultation with the COUNTY's construction CONTRACT ADMINISTRATION 16 and legal staff and for testimony, if necessary, at depositions and at trial or arbitration 17 proceedings. 18 B. The CONSULTANT'S personnel that the COUNTY considers essential to 19 assist in defending against the CONTRACTOR claims will be made available on 20 reasonable notice from the DIRECTOR. Services of the CONSULTANT'S personnel in 21 connection with consultation or testimony for this purpose will be performed pursuant to a 22 written contract amendment, if determined by the parties to be necessary or appropriate. 23 XXIV. CONFIDENTIALITY OF DATA 24 A. All financial, statistical, personal, technical, or other data and information 25 relative to the COUNTY'S operations, which are designated confidential by the COUNTY 26 and made available to the CONSULTANT in order to carry out the AGREEMENT, shall be 27 protected by the CONSULTANT from unauthorized use and disclosure. 28 B. Permission to disclose information on one occasion, or public hearing held by COUNTY OF FRESNO Fresno,California 12/22/15 35 1 the COUNTY relating to the contract, shall not authorize the CONSULTANT to further 2 disclose such information, or disseminate the same on any other occasion. 3 C. The CONSULTANT shall not comment publicly to the press or any other 4 media regarding the AGREEMENT or the COUNTY's actions on the same, except to the 5 COUNTY's staff, the CONSULTANT'S own personnel involved in the performance of the 6 AGREEMENT, at public hearings or in response to questions from a Legislative committee. 7 D. The CONSULTANT shall not issue any news release or public relations item s of any nature, whatsoever, regarding work performed or to be performed under the 9 AGREEMENT without prior review of the contents thereof by the COUNTY, and receipt of 10 the COUNTY'S written permission. 11 E. All information related to the construction estimate is confidential, and shall 12 not be disclosed by the CONSULTANT to any entity other than the COUNTY. 13 XXV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION 14 In accordance with Public Contract Code Section 10296, the CONSULTANT hereby 15 states under penalty of perjury that no more than one final unappealable finding of 16 contempt of court by a federal court has been issued against the CONSULTANT within the 17 immediately preceding two-year period, because of the CONSULTANT'S failure to comply 18 with an order of a federal court that orders the CONSULTANT to comply with an order of 19 the National Labor Relations Board. 20 XXVI. EVALUATION OF CONSULTANT 21 The CONSULTANT'S performance will be evaluated by the COUNTY using the form 22 attached as Appendix F. A copy of the evaluation will be sent to the CONSULTANT for 23 comments. The evaluation together with the comments shall be retained as part of the 24 contract record. 25 XXVII. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION 26 A. The CONSULTANT'S signature affixed herein, and dated, shall constitute a 27 certification under penalty of perjury under the laws of the State of California that the 28 CONSULTANT has, unless exempt, complied with, the nondiscrimination program COUNTY OF FRESNO Fresno,California 12/22/15 36 1 requirements of Government Code Section 12990 and Title 2, California 2 Administrative Code, Section 8103. 3 B. During the performance of the AGREEMENT, the CONSULTANT and its 4 subconsultants shall not unlawfully discriminate, harass, or allow harassment against any 5 employee or applicant for employment because of sex, race, color, ancestry, religious 6 creed, national origin, physical disability (including HIV and AIDS), mental disability, 7 medical condition (e.g., cancer), age (over 40), marital status, and denial of family care s leave. The CONSULTANT and subconsultants shall ensure that the evaluation and 9 treatment of their employees and applicants for employment are free from such 10 discrimination and harassment. The CONSULTANT and subconsultants shall comply with 11 the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a®f) et seq.) 12 and the applicable regulations promulgated thereunder (California Code of Regulations, 13 Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and 14 Housing Commission implementing Government Code Section 12990 (a-f), set forth in 15 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated 16 into the AGREEMENT by reference and made a part hereof as if set forth in full. The 17 CONSULTANT and subconsultants shall give written notice of their obligations under this 18 clause to labor organizations with which they have a collective bargaining or other 19 Agreement. 20 C. The CONSULTANT and subconsultants shall include the nondiscrimination 21 and compliance provisions of this clause in all subcontracts to perform work under the 22 AGREEMENT. 23 XXVIII. DEBARMENT AND SUSPENSION CERTIFICATION 24 A. The CONSULTANT'S signature affixed herein, shall constitute a certification 25 under penalty of perjury under the laws of the State of California, that the CONSULTANT 26 has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and 27 Suspension Certificate, which certifies that he/she or any person associated therewith in 28 the capacity of owner, partner, director, officer, or manager, is not currently under COUNTY OF FRESNO Fresno,California 12/22/15 37 1 suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal 2 agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible 3 by any federal agency within the past three (3) years; does not have a proposed 4 debarment pending; and has not been indicted, convicted, or had a civil judgment rendered 5 against it by a court of competent jurisdiction in any matter involving fraud or official 6 misconduct within the past three (3) years. Any exceptions to this certification must be 7 disclosed to the COUNTY on Appendix G. 8 B. Exceptions will not necessarily result in denial of recommendation for award, 9 but will be considered in determining CONSULTANT responsibility. Disclosures must 10 indicate to whom exceptions apply, initiating agency, and dates of action. 11 C. Exceptions to the Federal Government Excluded Parties Listing System 12 maintained by the General Services Administration are to be determined by the Federal 13 Highway Administration. 14 XXIX. COMPLIANCE WITH LAWS AND STATE PREVAILING WAGE RATES 15 A. The CONSULTANT shall comply with the State of California's General 16 Prevailing Wage Rate requirements in accordance with California Labor Code, Section 17 1770, and all Federal, State, and local laws and ordinances applicable to the work. 18 B. Any subcontract entered into as a result of this contract if for more than 19 $25,000 for public works construction or more than $15,000 for the alteration, demolition, 20 repair, or maintenance of public works, shall contain all of the provisions of this Article. 21 C. When prevailing wages apply to the services described in the scope of work, 22 transportation and subsistence costs shall be reimbursed at the minimum rates set by the 23 Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage 24 Determination. See htti)://www.dir.ca.ciov. 25 XXX. CONFLICT OF INTEREST 26 A. The CONSULTANT shall comply with the provisions of the Fresno County 27 Department of Public Works and Planning Conflict of Interest Code, attached hereto as 28 Appendix H and incorporated herein. Such compliance shall include the filing of annual COUNTY OF FRESNO Fresno,California 12/22/15 38 1 statements pursuant to the regulations of the State Fair Political Practices Commission 2 including, but not limited to, portions of Form 700. 3 B. The CONSULTANT shall disclose any financial, business, or other 4 relationship with the COUNTY that may have an impact upon the outcome of this contract, 5 or any ensuing COUNTY construction project. The CONSULTANT shall also list current 6 clients who may have a financial interest in the outcome of this contract, or any ensuing 7 COUNTY construction project, which will follow. 8 C. The CONSULTANT hereby certifies that it does not now have, nor shall it 9 acquire any financial or business interest that would conflict with the performance of 10 services under this AGREEMENT. 11 D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any 12 firm affiliated with the CONSULTANT will bid on any construction contract, or on any 13 contract to provide construction inspection for any construction the PROJECT resulting 14 from the AGREEMENT; provided, however, that this shall not be construed as disallowing 15 the CONSULTANT or affiliated firm from performing, pursuant to the AGREEMENT or 16 other agreement with the COUNTY, construction inspection services on behalf of the 17 COUNTY for the PROJECT. An affiliated firm is one, which is subject to the control of the 18 same persons through joint ownership, or otherwise. 19 E. Except for subconsultants or subcontractors whose services are limited to 20 providing surveying or materials testing information, no subcontractor who has provided 21 design services in connection with this contract shall be eligible to bid on any construction 22 contract, or on any contract to provide construction inspection for any construction project 23 resulting from this contract; provided, however, that this shall not be construed as 24 disallowing subcontractors who have provided design services for the PROJECT from 25 performing, pursuant to this AGREEMENT or other agreement with the COUNTY, 26 construction inspection services on behalf of the COUNTY for the PROJECT. 27 XXXI. REBATES KICKBACKS OR OTHER UNLAWFUL CONSIDERATION 28 The CONSULTANT warrants that this AGREEMENT was not obtained or secured COUNTY OF FRESNO Fresno,California 12/22/15 39 1 through rebates kickbacks or other unlawful consideration, either promised or paid to any 2 COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the 3 right, in its discretion, to do any of the following: terminate the AGREEMENT without 4 liability; or to pay only for the value of the work actually performed; or to deduct from the 5 AGREEMENT price, or otherwise recover the full amount of such rebate, kickback or other- 6 unlawful consideration. 7 XXXII. PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR 8 LOBBYING 9 A. The CONSULTANT shall sign the lobbying forms, attached hereto and 10 incorporated herein as Appendix I, as required by the instructions found on each form. 11 B. The CONSULTANT certifies to the best of his or her knowledge and belief 12 that: 13 1. No state, federal or COUNTY appropriated funds have been paid, or will be 14 paid by or on behalf of the CONSULTANT to any person for influencing or attempting to 15 influence an officer or employee of any state or federal agency; a Member of the State 16 Legislature or United States Congress; an officer or employee of the Legislature or 17 Congress; or any employee of a Member of the Legislature or Congress, in connection with 18 any of the following: 19 a. the awarding of any state or federal contract; 20 b. the making of any state or federal grant; 21 C. the making of any state or federal loan; 22 d. the entering into of any cooperative agreement, or 23 e. the extension, continuation, renewal, amendment, or modification of 24 any state or federal contract, grant, loan, or cooperative agreement. 25 2. If any funds other than federally appropriated funds have been paid, or will be 26 paid to any person for influencing or attempting to influence an officer or employee of any 27 federal agency; a Member of Congress; an officer or employee of Congress, or an 28 employee of a Member of Congress; in connection with this federal contract, grant, loan, or COUNTY OF FRESNO Fresno,California 12/22/15 40 1 cooperative agreement, then the CONSULTANT shall complete and submit Standard 2 Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3 C. The certification required by the provisions of this Article is a material 4 representation of fact upon which reliance was placed when this transaction was made or 5 entered into. Submission of this certification is a prerequisite for making or entering into 6 this transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file 7 the required certification shall be subject to a civil penalty of not less than $10,000 and not 8 more than $100,000 for each such failure. 9 D. The CONSULTANT also agrees by signing this document that he or she shall 10 require that the language of this certification be included in all lower-tier subcontracts, 11 which exceed $100,000, and that all such sub-recipients shall certify and disclose 12 accordingly. 13 XXXIII. INDEPENDENT CONTRACTOR 14 A. In performance of the work, duties and obligations assumed by the 15 CONSULTANT under the AGREEMENT, it is mutually understood and agreed that the 16 CONSULTANT, including any and all of the CONSULTANT'S officers, agents, and 17 employees will at all times be acting and performing as an independent contractor, and shall 18 act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, 19 partner, or associate of the COUNTY. Furthermore, the COUNTY shall have no right to 20 control or supervise or direct the manner or method by which the CONSULTANT shall 21 perform its work and function. However, the COUNTY shall retain the right to administer the 22 AGREEMENT so as to verify that the CONSULTANT is performing its obligations in 23 accordance with the terms and conditions thereof. 24 B. The CONSULTANT and the COUNTY shall comply with all applicable 25 provisions of law and the rules and regulations, if any, of governmental authorities having 26 jurisdiction over matters the subject thereof. 27 C. Because of its status as an independent contractor, the CONSULTANT shall 28 have absolutely no right to employment rights and benefits available to COUNTY employees. COUNTY OF FRESNO Fresno,California 12/22/15 41 i 1 The CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its 2 employees all legally-required employee benefits. In addition, the CONSULTANT shall be 3 solely responsible and save the COUNTY harmless from all matters relating to payment of 4 the CONSULTANT'S employees, including compliance with Social Security withholding and 5 all other regulations governing such matters. It is acknowledged that during the term of this 6 AGREEMENT, the CONSULTANT may be providing services to others unrelated to the 7 COUNTY or to this AGREEMENT. 8 XXXIV. DISCLOSURE OF SELF-DEALING TRANSACTIONS 9 This provision is only applicable if the CONSULTANT is operating as a corporation 10 (a for-profit or non-profit corporation) or if during the term of the AGREEMENT, the 11 CONSULANT changes its status to operate as a corporation. Members of the 12 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they 13 are a party to while the CONSULTANT is providing goods or performing services under the 14 AGREEMENT. A self-dealing transaction shall mean a transaction to which the 15 CONSULTANT is a party and in which one or more of its directors has a material financial 16 interest. Members of the Board of Directors shall disclose any self-dealing transactions that 17 they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, 18 attached hereto and incorporated as Appendix J and submitting it to the COUNTY prior to 19 commencing with the self-dealing transaction or immediately thereafter. 20 XXXV. NOTIFICATION 21 All notices hereunder and communications regarding interpretation of the terms of 22 the AGREEMENT and changes thereto, shall be effected by the mailing thereof by 23 registered or certified mail, return receipt requested, postage prepaid, and addressed to 24 the CONTRACT ADMINISTRATOR and the CONSULTANT'S Project Manager identified 25 on Page 1 of this AGREEMENT. 26 XXXVI. NON-ASSIGNMENT 27 Neither party shall assign, transfer or sub-contract the AGREEMENT or any of its 28 respective rights or duties hereunder, without the prior written consent of the other party. COUNTY OF FRESNO Fresno,California 12/22/15 42 1 XXXVII. CONSULTANT'S LEGAL AUTHORITY 2 Each individual executing or attesting the AGREEMENT on behalf of the 3 CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly 4 authorized by or in accordance with the CONSULTANT'S corporate by-laws to execute or 5 attest and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii) that the 6 AGREEMENT, once he or she has executed it, is and shall be binding upon such 7 corporation. s XXXVIII. BINDING UPON SUCCESSORS 9 The AGREEMENT shall be binding upon and inure to the benefit of the parties and 10 their respective successors in interest, assigns, legal representatives, and heirs. 11 XXXIX. INCONSISTENCIES 12 In the event of any inconsistency in interpreting the documents which constitute the 13 AGREEMENT, the inconsistency shall be resolved by giving precedence in the following 14 order of priority: (1) the text of the AGREEMENT (excluding Appendices); (2) Appendices 15 to the AGREEMENT. 16 XL. SEVERABILITY 17 Should any part of the AGREEMENT be determined to be invalid or unenforceable, 18 then the AGREEMENT shall be construed as not containing such provision, and all other 19 provisions which are otherwise lawful shall remain in full force and effect, and to this end 20 the provisions of the AGREEMENT are hereby declared to be severable. 21 XLI. FINAL AGREEMENT 22 Both of the above-named parties to the AGREEMENT hereby expressly agree that 23 the AGREEMENT constitutes the entire agreement which is made and concluded in 24 duplicate between the two parties with respect to the subject matter hereof and supersede 25 all previous negotiations, proposals, commitments, writing, advertisements, publications, 26 and understandings of any nature whatsoever unless expressly included in this 27 AGREEMENT. In consideration of promises, covenants and conditions contained in the 23 AGREEMENT, the CONSULTANT and the COUNTY, and each of them, do hereby agree COUNTY OF FRESNO Fresno,California 12/22/15 43 1 to diligently perform in accordance with the terms and conditions of the AGREEMENT, as 2 evidenced by the signatures below. 3 \\\ 4 \\\ 5 \\\ 6 \\\ 7 \\\ 8 \\\ 9 \\\ 10 \\\ 11 \\\ 12 \\\ 13 \\\ 14 \\\ 15 \\\ 16 \\\ 17 \\\ 18 \\\ 19 \\\ 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\ COUNTY OF FRESNO F•esno,California 12/22/15 44 1 JN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be 2 executed as of the day and year first above written. 3 4 CONSULTANT COUNTY OF FRESNO 5 6 EIRMST BUE Y MIEN S, NAME: c_K� }•, ,��yy�,r�tNtf,`� CHAIRMAN 7 BOARD OF SUPERVISORS 8 ADDRESS: 6248 Main Avenue, Suite C ATTEST: 9 Orangevale CA 95662 BERNICE E.SEIDEL,Clerk Board of Supervisors 10 , /1 D puty 11 12 APPROVED AS TO LEGAL FORM REVIEWED AND RECOMMENDED COUNTY COUNSEL 13 FOR APPROVAL i 14 BY• C 15 BY: tl'40�lm 411AO .._ DEPUTY ALAN WEAVER, DIRECTOR 16 DEPARTMENT OF PUBLIC WORKS AND PLANNING 17 18 19 APPROVED AS TO ACCOUNTING 20 FORM 21 22 BY: & ;� ORG: 1910 4360 4510 7205 VICI CROW, C.P.A. 23 FUND: 0001 0001 0001 0001 0010 0001 AUDITOR-CONTROLLER/ SUBCLASS: 10000 10000 11000 00001 TREASURER-TAX COLLECTOR 24 ACCOUNT: 7295 25 26 27 28 COUNTY OF FRESNO Fresno,California 45 I V20115 APPENDIX A Firm Principal and Team Leadership Projects will be led by Becky Rozumowicz, founder and President of AWE; Ms. Rozumowicz will be the County's single point of contact for management of the contract. Each project will be assigned to one of three qualified AWE project managers: Aimee Dour-Smith, an environmental planner with nearly 20 years of experience in environmental compliance for transportation, flood control, and water supply projects; Michelle Tovar, a senior permitting specialist with over 10 years of experience managing all levels of environmental documentation and permitting for various infrastructure projects; or Phil Wade, an expert in CEQA/NEPA compliance for transportation and airport facilities. A summary of qualifications of the AWE leadership team are provided below; full resumes are available on request. Becky Rozumowicz, Principal Becky Rozumowicz will serve as Principal on the project and will provide overall program Becky Rozumowicz, Principal Experience on Comparable Projects management and administration. She has over 20 years of experience leading technical teams and od Bridge Road and Lime Creek Road Bri synthesizing complex technical studies into high Rdge Replacements, quality cohesive environmental compliance Ca County documents and will have ultimate responsibility Camino ino T ra Road Safety for ensuring the timely completion of all tasks to Improvements, Contra Costa County rigorous quality standards. She will take an active Caltrans District 6 Madera Pools role in strategic planning and will have primary Mitigation Bank, Madera County responsibility for managing the overall project . Ulatis Bike Trail, City of Vacaville budget. She manages interdisciplinary teams and . Bailey Bridge Replacement, prepares CEQA and NEPA compliance documents Plumas County for public works projects including roadway improvements, bridge replacement projects, detention basins, sewer line capital improvement projects, and electrical distribution lines. Additionally, she routinely conducts biological investigations, oversees construction monitoring crews, and prepares wetland delineations, habitat suitability assessments, and special-status species investigations. She has consistently taken creative strategic approaches to mitigation design and identified mechanisms to streamline project permitting. She has an in depth knowledge of federally funded project compliance including Caltrans Local Assistance and Capital Improvement requirements. She maintains effective relationships with many regulatory agency staff allowing her to informally resolve project issues early in the permitting process. Ms. Rozumowicz holds a Bachelor's degree in soil and water science from the University of California, Davis and is a Qualified Storm Water Pollution Prevention Plan (SWPPP) --- Developer/Qualified SWPPP Practitioner and a Certified Professional in Erosion and Sediment Control. She has a U.S. Fish and Wildlife Service (USFWS) 10(a)(1)(A) permit for federally listed vernal pool branchiopods and California tiger salamander. Fresno mrea West Pr,i c,,u Inc. Depu,r,,..,,.i of Public Works and Phi .ir,-_ St(,r e Inert of Q­"Yi_4 r'".I Environmental ti, - SN A...•.gip 4, 2015 APPENDIX A Aimee Dour-Smith, Project Manager/Senior Planner Aimee Dour-Smith is a senior environmental planner with more than 20 years of experience in managing Aimee Dour-Smith, Proiect Manager environmental impact documents for complex Experience on Comparable Proiects development, transportation, energy, water supply, . Italian Bar Road Bridge and flood control projects. She has extensive Replacement, Fresno County experience in working with clients and regulatory . Nevada Street Pedestrian agencies on environmental compliance documents Improvements, City of Auburn and related permits. She provides compliance • Sunrise-Sungarden Intersection, assistance with CEQA,NEPA, Sections 404 and 401 City of Citrus Heights of the Clean Water Act (CWA), state and federal . Berry Street Bridge Replacement, Endangered Species Acts (ESAs), Section 106 of the City of Calastoga National Historic Preservation Act (NHPA), and ■ Caltrans State Route 299 Section 4(f) of the Department of Transportation Act Buckhorn Grade Improvements, of 1966. Ms. Dour-Smith has trained federal, state, Shasta County and local agency representatives in CEQA and NEPA compliance, and as part of the Caltrans training team, she has conducted training in Federal Highway Administration (FHWA) environmental documentation requirements throughout California. She has extensive experience in facilitating stakeholder meetings, coordinating interagency teams, and conducting public hearings. Ms. Dour-Smith has a Bachelor's degree in environmental policy analysis and planning from the University of California, Davis. Michelle Tovar, Project Manager/Senior Biologist Michelle Tovar is a senior biologist with over 10 years of experience in carrying out consultations pursuant to the ESA and reviewing,planning, and conducting a variety of biological investigations to determine the impact of development projects on the terrestrial and aquatic resources of the Sacramento/San Joaquin Valley and Bay Area. Ms. Tovar was a fish and wildlife biologist at USFWS for more than 8 years. She has extensive experience working with clients and regulatory agencies on environmental compliance documents Michelle Tovar, Proiect Manager and related permits. Ms. Tovar provides Experience on Comparable Proiects compliance assistance with the state and federal ■ Jepson Parkway, Cities of ESAs,NEPA, Fish and Wildlife Coordination Act, Fairfield and Vacaville and CWA; she is also highly experienced in ■ Sonoma-Marin Area Rapid negotiating avoidance, mitigation/compensation, Transit, Sonoma County and enhancement agreements with other agencies ■ Rural Roads Safety (e.g., U.S. Army Corps of Engineers [USAGE], Improvements, Amador County FHWA, Caltrans, Regional Water Quality Control ■ Suisun Valley Bridge Board [RWQCB] and California Department of Replacement, Solano County ■ Caltrans District 3 Highway 171 Fish and Wildlife [CDFW]). Ms. Tovar has a Reconstruction, Butte County Bachelor of Science degree in Animal Sciences from the University of California, Davis. Fresno County Area West Environmental, Inc. Department of Public Works and Planning -4- Statement of Qualifications Environmental Services September 4, 2015 APPENDIX A Phil Wade, Project Manager/Senior Planner Mr. Wade is an environmental planner and project Phil Wade, Project Manager manager with 10 years of experience in preparing Experience on Comparable Projects CEQA and NEPA documents, land use . Rawhide Road Bridge compatibility studies, and other technical reports. Replacement, Tuolumne County He regularly manages the preparation of CEQA . Nut Tree Airport Master Plan, Initial Study/Mitigated Negative Declarations City of Vacaville (IS/MNDs) and Environmental Impact Reports . Allison Drive Bike and Pedestrian (EIRs) for a variety of development and planning- Project, City of Vacaville related projects. Mr. Wade has also been involved ■ Guy West Bridge Rehabilitation, in a number of bridge, roadway, and sidewalk City of Sacramento improvement projects, including Caltrans Local ■ CSU Chico Physical Science Assistance Projects. He has extensive experience Bridge Replacement conducting public workshops and presenting technical information to public officials, stakeholders, and members of the general public. Much of his work has been focused on California's airports, for which he has prepared a variety of CEQA and NEPA documents in support of everything from individual development projects to long-range master plans. Fresno County Area West Environmental,Inc. Department of Public Works and Planning -S- Statement of Qualifications Environmental Services September 4, 2015 APPENDIX B Subconsultants and Technical Experts AWE has teamed with a number of experts with considerable experience providing environmental services for local infrastructure projects in the Fresno County area. For each task order, AWE will assemble staff with the needed experience and expertise to assist the County in achieving their goals. We have had long-term working relationships with these team members and have worked with them to deliver quality documents to various clients. Our team includes the following firms. ■ Far Western Anthropological Research Group, Inc. (Far Western) and JRP Historical Consulting,LLC (JRP)will provide cultural resources expertise. ■ Helm Biological Consulting (HBC) and The Wildlife Project, both small businesses with particular expertise in Fresno County special-status species, will augment and support AWE biological resource staff. ■ Kuhtz Pape Consulting, a local firm, will conduct tree surveys and arborist evaluations. ■ AMBIENT Air and Noise Consulting (AMBIENT) will provide air quality and noise impact assessments and technical studies r ■ WRECO, a DBE firm, will provide hydrology and hydraulic services. Fresno County Area West Environmental, Inc. Department of Public Works and Planning -S- Statement of Qualifications Environmental Services September 4, 2015 APPENDIX B ■ Kleinfelder, Inc. will provide Phase I and II site assessments, as well as lead and asbestos materials testing. Brief descriptions of our teaming partners follow. Full resumes for team members are available upon request. AMBIENT Air Quality & Noise Consulting AMBIENT Air Quality and Noise Consulting ,./A M S I i N T (AMBIENT), with whom AWE has been successfully AMBIENT Air Quality & collaborating for more than 10 years, is a small business Noise Consulting enterprise with over 20 years of experience in areas related 612 12th Street, Suite 201 to the assessment of air quality, greenhouse gas, noise, and Paso Robles, CA 93446 groundborne vibration impacts. With extensive expertise (805) CA 27 related to the assessment of environmental impacts, a comprehensive working knowledge of the regulatory environment, utilization of state-of-the-art technology, and an understanding of land use planning process, AMBIENT provides a broad range of services, with particular emphasis on providing analytical support and documentation for proposed projects that are subject to CEQA and NEPA requirements. Additional services include regulatory and code compliance investigations, emissions modeling, barrier feasibility analyses, ambient noise and vibration monitoring, and land use compatibility determinations. Representative projects for which technical reports and impact assessments have been prepared include rail and road transportation systems, water and wastewater treatment and conveyance systems, electrical distribution systems, school facility and community development projects. AWE and AMBIENT have been collaborating for more than 7 years. Kurt Legleiter is the Principal Air Quality and Noise Specialist and sole proprietor of AMBIENT. His project experience spans over 20 years and encompasses both the public and private sectors. He specializes in the preparation of air quality and noise analyses in support of community planning and development projects subject to review under the CEQA and the NEPA. He is proficient in the use of various air quality and noise modeling software programs, including CALEEMOD, SCREEN3, ISCST3, HARP, CALINE4, FHWA Traffic Noise Model, and the Federal Aviation Administration Integrated Noise Model. Mr. Legleiter holds Bachelor's degrees in environmental health science and urban and environmental planning from California State University, Fresno. JRP Historical Consulting, LLC Founded in 1981, JRP Historical Consulting, LLC (JRP) has over 30 years of experience conducting historic JRP L,' NJ LLC research investigations throughout California and the JRP Historical Consulting, LLC western United States. The firm offers a variety of 2850 Spafford Street historical research and document services in support of Davis, CA 95618 project compliance for Section 106 of the NHPA and (530) 757-2521 CEQA. These documents include Historic Property Survey Reports (HPSR), Historical Resources Evaluation Fresno County Area West Environmental, Inc. Department of Public Works and Planning -6- Statement of Qualifications Environmental Services Septemher 4, 2015 APPENDIX B Reports (HRER), Findings of Effect (FOE), Memorandums of Agreement, Programmatic Agreements, and Historic American Building Survey / Historic American Engineering documentation. Through hundreds of completed projects, JRP has gained the knowledge and the experience to effectively facilitate local, state, and federal environmental review processes with public agencies, and in consulting with the staff of the California Office of Historic Preservation on project review for a variety of undertakings. JRP has extensive experience preparing documentation in conformance with Caltrans' SER, Volume 2, Chapter 2, Cultural Resources Procedures, as well as documentation for use in CEQA compliance as it pertains to historical resources, including assistance with addressing public comments regarding issues related to historical resources and preparation of mitigation measures. AWE and JRP have been successfully collaborating for more than 7 years. Christopher D. Morris, JRP Architectural Historian, specializes in conducting historic resource studies for compliance with Section 106 of the NHPA and the CEQA, as well as other historic preservation projects. In his 17 years of experience, he has served as a lead historian, principal investigator, and project manager on projects for federal, state, and local government as well as for engineering/environmental consulting firms. Many of these projects involved survey and evaluation of historic resources under the criteria for the National Register of Historic Places and the California Register of Historical Resources, along with analysis of effects projects may have on historic properties and measures to mitigate those effects. He has extensive experience preparing studies in conformance with the Caltrans SER, and in the past five years has worked on over 50 Caltrans or Local Assistance projects including multiple bridge replacement or rehabilitation projects, and other Caltrans-funded bicycle trail and intersection improvement projects. Mr. McMorris has a specific expertise in working with historic bridges and bridge replacement projects. He also worked on various components of JRP's tasks in the San Joaquin Valley for the California High Speed Train project, as well as projects across California that involve a wide assortment of property types and infrastructure, including residential, industrial, institutional, and commercial buildings, irrigation canals, military facilities, and water treatment and waste water treatment plants. Mr. McMorris holds a M.S. in Historic Preservation from Columbia University in New York, as well as a B.A. in History and B.A. in Music from the University of Rochester in New York. He qualifies as a historian and architectural historian under the United States Secretary of the Interior's Professional Qualification Standards (as defined in 36 CFR Part 61). FAR WESTERN Far Western Anthropological Research Group, WTHRC PO 1 nGIC 1I RESEARCH GROUP.1* Inc.Western Anthropological Research Group, Inc. Far Western Anthropological Research Group, Inc. (Far 2727 Del Rio Place, Suite A, Western) is a small-business enterprise specializing in Davis CA 95618 cultural resources compliance and research. They are (530) 756-3941 recognized as one of the leading cultural resources consulting firms in the United States. This reputation rests on a solid foundation of cost-effective management that strives to create innovative solutions to client compliance needs. Their highly skilled and experienced staff work together in all aspects of cultural resources management, archaeological research, and public outreach and Fresno County Area West Environmental, Inc. Department of Public Works and Planning Statement of Qualifications Environmental Services September 4, 2015 APPENDIX B education. This combination has resulted in the successful completion of some of the most complex and demanding cultural resources programs for federal, state, and local agencies in the Great Basin and California. Far Western has held numerous County On-Call contracts for Cultural Resource Services including Shasta, Placer, Tehama, Solano, Yuba, and Contra Costa counties and is currently the on-call archaeological firm for Caltrans Districts 9. Their Davis, California, headquarters houses a state-of-the-art archaeological research facility and the team includes more than 40 Ph.D. -and M.A.-level archaeologists, along with Geographic Information System (GIS) specialists, designers and graphic artists, laboratory staff, crew chiefs, and technicians. Far Western has a long track record of success with Caltrans projects, both Local Assistance and on-call contracts with the Districts. Since 1992 they have successfully managed more than 15 Caltrans on-call contracts in a timely and fiscally-responsible manner. Far Western will be performing tasks related to completing cultural resources work, including but not limited to, Archaeological Survey Reports (ASR), HPSR, and finding of effect documents. AWE and Far Western have been successfully collaborating for more than 7 years. Adrian Whitaker; Far Western Principal Investigator, Prehistoric Archaeology, has worked in California archaeology for the past 15 years. He has extensive experience in local assistance projects for City and County governments throughout the state of California. These projects run the gamut of cultural resources management, including all stages of archaeological inquiry, and ranging from small surveys to large-scale data recovery and test excavations. His geographic focus includes the Central Valley, Sierra Foothills, San Francisco Bay Area, and southern California coast. Mr. Whitaker has authored more than 75 technical reports, and has experience with managing Native American and archaeological construction monitors. He has worked extensively with AWE on local assistance projects for the County of Solano, the City of Vacaville, and the County of Fresno. Mr. Whitaker holds a Ph.D. in Archaeology from the University of California, Davis. The Wildlife Project The Wildlife Project is a company that has conducted (� surveys for special-status invertebrate, fish, amphibian, reptile, bird, and mammal species in California, Nevada, The Wildlife Project Oregon, eastern Washington, and southern Arizona. The P.O. Box 579805 Wildlife Project has assessed the biotic component (plants Modesto, California 95357 and animals) of proposed development sites for (209) 815-5660 conservation organizations, private industry, and governmental agencies within California and adjacent states and prepared wildlife inventory reports, species-specific management plans, biological assessments, biological section of EIRs, and other documents for CEQA compliance. The Wildlife Project provides bird and bat surveys and exclusion plans and services. AWE and The Wildlife Project have successfully worked together since both companies began, more than 15 years ago. Jeff Alvarez, owner and principal biologist of The Wildlife Project, has more than 25 years of experience with endangered and threatened species management, habitat management, wildlife population monitoring, research investigations, and wildlife techniques development, and has Fresno County Area West Environmental, Inc. Department of Public Works and Planning -8 Statement of Qualifications Environmental Services September 4,2015 APPENDIX B surveyed and studied amphibians and reptiles state-wide. Mr. Alvarez has extensive experience with special-status wildlife species that call Fresno County home, including vernal pool branchiopods; California red-legged, mountain yellow-legged, and foothill yellow-legged frogs; blunt-nosed leopard lizard; burrowing owl; pallid and Townsend's big-eared bat; San Joaquin kit fox; and many other species found in central California. He currently holds a 10(a)l(A) permit for vernal pool tadpole shrimp, conservancy fairy shrimp, longhorn fairy shrimp, Riverside fairy shrimp, California tiger salamander, California red-legged frog, and other species. Mr. Alvarez holds a Bachelor's degree in Wildlife from California State University,Humboldt. Helm Biological Consulting �1%%_HELM Helm Biological Consultin HBC is a division of BIOLOGICAL CONSULTING g g (HBC) 4600 karchner Rd.Sheridan,CA v,osl Tansley Team, Inc. HBC is an environmental Helm Biological Consulting consulting firm specializing in biological resource 4600 Karchner Rd planning, studies, and permitting. HBC is a certified Sheridan, CA 95681 small business enterprise and was founded in 2001 by (530) 633-0220 Dr. Brent Helm, the president and principal ecologist of the firm. HBC has provided their unique expertise and experience to private, non-profit, city, county, state, and federal entities consisting of more than 400 projects. These projects have ranged from residential and commercial development to the creation of mitigation banks with multiple-county service areas. HBC will assist AWE with wetland delineations, biological site investigations, vernal pool crustacean surveys, botanical surveys, and species-specific surveys to support natural environment studies, biological assessments, preconstruction surveys, revegetation plans, and other related tasks. AWE and HBC have successfully worked together since both companies began, more than 15 years ago. Brent Heim, is a senior wetland ecologist, botanist and wildlife biologist with a thorough knowledge of the flora, fauna, and wetlands of California and nearly 25 years of field experience in their study and management. He is a specialist in the field of rare and endangered wetland dependent species management, with up-to-date knowledge of the California and federal ESAs, and close working relationships with state and federal agencies. His work in this area includes field surveys, assessment of species' rarity and endangerment status, preparation of biological assessments and conservation plans, and impact assessment and mitigation development. His expertise also includes revegetation planning, wetland delineation, evaluation, and impact mitigation and monitoring. He currently holds a 10(a)l(A) permit for vernal pool fairy shrimp, vernal pool tadpole shrimp, conservancy fairy shrimp, California tiger salamander, and other species. Dr. Helm holds a Ph.D. in Ecology from University of California,Davis. KuhtzPape Consulting David Kuhtz and John Pape have been providing KuhtzPape Consulting consulting arboriculture and horticulture services in P.O. Box 8672 California for more than 50 years, combined. Thier Fresno, CA 93747 customers include commercial, municipal, industrial, (530) 633-0220 insurance, law firms, and residential. KuhtzPape provide experienced and accredited consultation Fresno County Area West Environmental, Inc. Department of Public Works and Planning -9- Statement of Qualifications Environmental Services September 4, 2015 APPENDIX B services, which allow clients to solve a problem, accomplish a goal, or make a decision about their trees and/or landscapes. Thier practice areas as consulting arborists include, risk and health assessment,tree preservation, inventory collection, and appraisal. David Kuhtz, founding partner of KuhtzPape Consulting, has more than 15 years of experience with arboricultural/horticultural services. Mr. Kuhtz holds a Master of Business Administration from the California State University of Fresno, a Bachelor of Business Administration from the National University, and is a Graduate of the American Society of Consulting Arborists. Kleinfelder Established in 1967, Kleinfelder's Fresno office has KL EINFEL DER been providing professional geotechnical consulting bright People.Right Solutions. services to numerous clients within Fresno County and Kleinfelder surrounding areas for decades. Kleinfelder has worked 5125 North Gates Avenue on thousands of projects in the County, providing them Fresno, CA 93722 not only with knowledge of local site conditions, but (559) 486-0750 also a strong understanding of local agency requirements. Local and relevant projects include the Fresno Canal Bridge Replacement at McKinley Avenue, Delta Mendota Canal Bridge Replacement, San Joaquin River Bridge on Italian Bar Road Replacement, Veterans Boulevard Interchange, Shaw/Marks Grade Separation, Clovis Avenue Grade Separation, and"O" Street Off-Ramp at SR 41. Nathan Dahlen, PE, has 14 years of geotechnical engineering and materials testing experience. He has worked on a variety of projects including highways, bridges, dams, schools, essential facilities, commercial developments, residential developments, wastewater treatment facilities, military installations, and landfills. He is responsible for conducting geotechnical and environmental investigations including site reconnaissance, field classification of soils, sampling, design, and report preparation and review Having significant experience on transportation related projects, Mr. Dahlen is knowledgeable of Caltrans criteria and reporting format and can effectively work within Caltrans' framework. He understands the importance of communication and responsiveness, and has demonstrated on previous County projects that he is capable of facilitating a collaborative, team approach with the County, as well as other project team members. Mr. Dahlen holds a Bachelor's degree in civil engineering from California State University, Fresno. Bradley Erskine, a principal geologist with over 28 years of experience, specializes in management and technical support to projects involving a broad spectrum of environmental and environmental engineering issues. He has supported a wide variety of industries and market sectors, including railroads, public transportation authorities, ports, airports, state and local agencies, military installations, cities, counties, school districts, light and heavy industry, developers, universities, and regulatory and policy agencies. His experience covers an extremely wide variety of project work including Phase I environmental site assessments, Phase II soil and groundwater investigations, aquifer characterization and groundwater monitoring, hazardous materials and waste investigations, design and implementation of site restoration activities, Fresno County Area West.Environmental, Inc. Department of Public Works and Planning Statement of Qualifications Environmental Services September 4, 2015 APPENDIX B CEQA and NEPA compliance, engineering geology, asbestos and lead-based paint surveys, and industrial hygiene/health and safety. Dr. Erskine holds a Ph.D. in geology from the University of California, Berkeley and is a Professional Geologist (P.G. No. 5631 CA), Certified Hydrogeologist (C.H.G. No. 511 CA), Certified Engineering Geologist (C.E.G. No. EG-1980 CA), Certified Asbestos Consultant (DOSH No. 92-0014 CA), 40-Hour OSHA Certification, Hazardous Waste Operations and Emergency Response (27221), 8-Hour OSHA Certification Supervisor, and AHERA Asbestos Contractor Supervisor. WRECO WRECO is a small business and a minority-owned wn�CG engineering consulting firm (California Unified Certification Program DBE No. 30066), providing WRECO specialty services in civil engineering, environmental 3250 Ramos Circle compliance, geotechnical engineering, and water Sacramento, CA 95827 resources. WRECO resolves sophisticated engineering (916) 834-5868 and environmental problems in local communities, watersheds, streams, wetlands, estuaries, and coastal areas with feasible and cost-effective solutions. WRECO has been involved in more than 1,000 highway/water resources projects and more than 400 hydrologic and hydraulic studies on bridge/culvert crossings in the State of California for various local, state, and federal agencies, including Fresno, Madera, and Kern counties. Han-Bin Liang, PE, QSD/P, is a principal engineer with more than 30 years of experience in civil engineering, water resources, environmental hydrology, and coastal engineering—including project experience in Fresno County. During his career, he has been involved in more than 1,000 infrastructure and water resources projects in the State of California and approximately 400 hydraulic studies of bridges and major culverts for Caltrans, the USACE, and local cities and counties. Dr. Liang has been responsible for civil design, hydrologic and watershed studies, hydraulic analyses, utility studies, water and sewer system design, drainage system design, pump station design, floodplain studies, erosion control, stormwater management, wetland restoration, and coastal engineering. He has prepared and overseen countless hydrology/hydraulic and floodplain studies on a variety of municipal projects. Dr. Liang holds a Ph.D. in civil engineering from University of California, Berkeley. Chris Sewell, PE, QSD/P, is an accomplished professional engineer with 20 years of experience in the design, management, and administration of a wide variety of municipal engineering projects — including projects in Fresno County. He has specialized experience in a number of projects involving drainage, water supply issues, and hydraulic modeling of rivers and floodplains. He has wide-ranging field experience in a variety of environmental, hydraulic, and hydrologic projects. His typical projects floodplain analysis and delineation, drainage design, include bridge hydraulics, scour analyses, stormwater management plans, wetland mitigation, water quality assessment, and water rate measurement and availability. He has been involved in the analysis and assessment of large-scale reservoir fertilization and restoration programs for fisheries improvement. He has developed and expanded a versatile GIS/Global Positioning System based inventory system used in pilot testing of a highway information database. Mr. Fresno County Area West Environmental, Inc. Department of Public Works and Planning -II- Statement of Qualifications Environmental Services September 4, 2015 APPENDIX B Sewell has a Bachelor's degree in civil and environmental engineering from the University of British Columbia. Fresno County Area West Environmental, Inc. Department of Public Works and Planning -12- Statement of Qualifications Environmental Services September 4, 2015 Local Assistance Procedures Manual APPENDIX C Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: Fresno County 2.Contract DBE Goal: 5% 3. Project Description: 4. Project Location: 5. Consultant's Name: Area West Enviornmental Inc. 6. Prime Certified DBE: 4 7.Total Contract Award Amount: 8.Total Dollar Amount for ALL Subconsultants: 9.Total Number of ALL Subconsultants: 10. Description of Work,Service,or Materials 11.DBE 13. DBE Supplied Certification 12. DBE Contact Information Dollar Number Amount Area West Enviornmental,Inc.6248 Main Environmental services 32027 Avenue,Suite C Orangevale CA,95662 916 987-3362 Hydrologic and hydraulic services 30066 WRECO 3250 Ramos Circle Sacramento,CA 95827 916)834-5868 Lt a1 Agency#d arripl to this 1§6i l rt > $ 20.Local Agency Contract nh.mh— 14.TOTAL CLAIMED DBE PARTICIPATION 21.Federal-Aid Project Number: 22.Contract Execution Hate• Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is required. YVt�Y44±N ipioiczl<� 9/2/2015 23.Local Agency Representative's Signature 24. Date 15.Prepare's Sig ature 16.Date Becky Rozumowicz (916)987-3362 25. Local Agency Representative's Name 26.Phone 17.Preparer's Name 18.Phone President 27. Local Agency Representative's Title 19.Preparer's Title DISTRIBUTION: 1.Original—Local Agency 2.Copy—Caltrans District Local Assistance Engineer(DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654- 3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. Page 1 of 2 July 23,2015 State of California -Deµaoment of Transportation APPENDIX D Contract#: Cast Proposal Area West On-Call Centract Consultant: Enironmental,Inc. ADM 2033 Date: loll 12015 Page: Overhead General Fringe Benefit% u/ Adtninistrati Combined% on% NORMAL. 49.25% F 80.97% + 0.00% 130.22% OVERTIME 4935% + 80.9rA + 0.00% 13022% FEE% 10.0(r/ BILLING INFORMATION 2015 Actual/ %e Name Classification !low effective date of hourly ly Billing Rates average hourly rate inscalation crease rate'' Straight OT(1,5x) OT(2x) From To Hourly range 3.W% for lass $141.92 $212.72 $283.63 I/I/2015 12/31/2615 $56.00 Aimee Dour-Smith CEQA/NEPASpeciali'st/PlannerIII $146.07 $219,10 $292.14 1/l/2016 12r)1/20161 $57.68 3% Senior Reviewer $150,45 $225,68 $300,90 1/1/2017 12/31/2017 $59,41 3% lion/:kent . $154.97 $232,45 $309,91 I/l/20I8 I2131/201$ $61.19 11% $63,31 $94,97 $126.62 1/1/2015 12/31/2015 $25,00 Ana Blanford Administrative Assistant I $65.21 $97.81 $130.42 1/l/2016 12/31/2016 $25,75 3% Accountant $67.17 $100.75 $134,33 UI12017 12131/2017 $26.52 3% Non-l-vempt $69,18 $103.77 $138.8 I/t/201812/31/2018 $27,32 3% $50.65 $75.97 $107.30 111/2015 428112015 $20,00, Art Richardson Biologist I I Biological/Water $52.17 $79.25 $104:34 111?2016 12/31/2016 $20.60 3% Quality Monitor $53,73 $80.60 $107.47 1/1/2017 12/31,/2017 $21,22 3% Non-l?xem t $5„5.34 $83,02 $110.69 l/i/2018 12/311201$ $21.85 30A Principal Environments]'Specialist $I72.20 N/A NIA IJt120I5 12131/2015 $68.00 Becky Rozumowlez $177.17 NIA N/A I/l/2016 12/11/2016 $70.04 3% SeniorBioSpecialist Quality $182.69 NIA WA t/1/2017 12/3112017 $72,14 3% Specialist lixanr r $188.17 NIA N/A 1/1/2018 1213,W0,181 $74.31 3% $43.31 $94.97 $126.62 I1I/2015 12/31/2015 W.00 Carol Marshall Administrative Assistant/ S65,21 $97.91 $130A2 I/l/2016 12/31/201 $25,75 3% Accountant $67.17 $100.75 $134.33 1/1/2017 12/31/2017 $26.52 3% Non-A'xern t $69.18 $101.77 $138.36 I/i12018 12/31/2019 $27.3$ 3% $70.91 $106.36 $141.82 1/11/201512/3112015 $28,00 Carole Terrell $73.03 $109:55 $146,07 t/IP2016 12/31*016 $28,84 3% Administrative Assistant $75.23 $112.84 $150,45 1/I/2017 12/31/2017 $29.71 3% Non-oxen1 r $77,48 $116.22 $154. i/l/2018 12/11/2018 $30.60 3% $25.32 $37,99 $50,65 1/l/2015 12/31/2015 $10.00 Claudia Kodsuntie Administrative Assistant $26.08 $39.13 $52,17 1/l/2016 12/31/2016 $10,30 3o/p Technician $26.8.7 $40.30 $53.73 111/20i712/3U2017 $10.61 3% Non-Exempt t $27.67 $41.51 $55.34 111/2018 12/31/2018 $10,93 3% $91.17 $1363-5 1182.33 1/1/2015 12131/2915 $36.00 Corinne Munger Biologist II/Biologist/Biological $93.90 $140.85 $187.80 I/l/2016 12/31/2016 $37,08 3% Monitor $96.72 $145,08 $193.44 1/1/2017 12/31./2017 $38.19 3% Non-1;rem t $99.62 $149.43 $199,24 i/I/2018 12/3.1/2018 $39,34 3% $25.32 $37.99 $50.65 1/t/2015 12/31/2015 $10,00 Crystal Kodsunde Administrative Assistant/ $26.08 $3913 $52,17 111/2016 12/31/2016 $10,30 3% Technician $26.87 $40.30 $53.73 1/i/201712/3l/2017 $10.61 3% Non-1xem r $27.67 $4 1.51 $55.34 1/1/2019 12/31/2.018 $10.93 3% $63.31 $94.07 $126.62 1/I/2015 12/31/2015 $25.00 Eric ka ITecox Administrative Assistant/ $65.21 $97.81 $130.42 I/l/2016 12131/2016 $25.75 3% Accountant $67.17 $100.75 $134,33 1/1/2017 12/31/2017 $26.52 3% Non-hxem r $69,18 $103.77 $1,38,36 1/l/2018 12131/20181 $27.32 3% $50.65 $75.97 $101.30 111/2015 12/31/2015 $20.00 Erin Reddy Biologist I/Biologist $52.17 $78.25 $104.34 1/1/2016 12/31/2016 $20.60 3% $53, 33 $80.60 $107.47 1/1/2017 12/31/2017 $21.22 3% Non-ltem t $55.34 $93,02 $110.69 1/l/2018 12/31/2019 $21,85 3% $58.25 $97.37 $116.40 1/1/2015 12/31/2015 $23.00 Jane Lien Biologist I/Biologist/Biological $59,99 $89,99 $119.99 I/1%2016 12/31/2016 $23.69 3% Monitor $61.79 $92.69 $121.$9 I/l/20)7 12/31/2017 $24.40 3% Non-Exempt $63.65 $95A7 $127.29 1/1/2018 12/31/2018 $25.13 3% $30.39 $45.58 $60.78 1/1/2015 12/31/2015 $1200 Jared Miller Administrative Assistant 1 $31.30 $46.95 $62.60 UU2016 12/31/2016 $12.36 3% Technician $32.24 $48.36 $64,48 I/1/2017 12/31/2017 $12.73 3% Non-1ixem 1 $3121 $49.81 $66.41 1/1/2018 12/31/2018 $13,11 3% $22.79 $34.19 $45.59 1/1/2015 12/31/2015 $9.00 Kavi Smith Administrative Assistant/ $2148 $35.21 $46.95 I/I ZU16 12/31/2016 $9,27 3% Technician $24.18 $36.2T $48,36 III/20I712/31/2017 $9.55 3% Non-hxem r $24.91 $37.36 $49.81 I/1/2018 12/31/2018 $9.83 3% $101.301M�51W 9 UIL 1015 12/3112015 540.00 Leonard Liu Biologist DI/Biologist/Biological $104.34 $156.50 $20867 I/l/2016 12/31/2016 $41,20 3% Monitor $107.47 $16110 $214.93 111/2017 12/3 1/2017 S42.44 3% Nnn-Rrempi S110.69 $1605-03 $221,38 1/112018 1213112018 S43.71 3% S48-12 $72.17 $96.23 11112015 12/31/2015 $19.00 Lillian Hayden GIS Specialist S4956 $7434 S99.12 1/1/2016 12/31/2016 $19.57 3% $51.05 $76.57 $102.091 1/t/2017 12/31/20171 $2 0.16 3% $52,58, $78.87 $105.161 I/l/2018 12/311201$1 $20,76 3% $60.79 $91,17 $121.56 1/1/201 i I Z31/2015 $24,00 Mark Noyes $62.60 $9390 $125.20 1/1120)6 121314016 $24.72 3 ty. Biologist I/Biologist $64.48 $96-72 $128.96 1/1/2017 12/3 I M 17 $25.46 3% Non-l"'.Yempt WAI $99.62 $132.83 I/l/2018 12J3 1/20 18 $26.23 3% S126,62 $189.93 S2$3.24 111/2015 12,31/2015 $50.00 Mary Bailey $130A2 $195.63 MOM I/l/2016 12/31/2016 $51.50 3% Biologist III/Senior Biologist $134.33 $201.50 $268.66, 11112017 12/31/2017. $5105 3% $139.36 $207.54 $276.72 1/112018 12131/20181 $54A4 3% $45.59 $6838 $91.17 I/l/2015 I213 111615-1 SI&O 0 Michael Avery Biologist I/Biologist $46.05 $70.43 $93,90 I/l/2016 12131/20161 $1834 3% S48.36 $72.54 $06.72 I/l/200 12/31120171 $10,10 3% Not;4,Wmpf $49.81 $74,72 $99.62 1/1/2018 12/31/2018 S19.67 3% $146.98, $,220-32 $293.76 1/112015 12/31/201,5 $58,0Q michelle'rovar $151.29 $226.93 $30157, 1/112016 12/3112616 S59.74 3% Permit Specialist $155.83 S231A74 S311,6$ 111/2017 12/31/2017 S61.5 3 3% e t S160.50 9246.75 S111,00 I/l/2018 12131/2019 S0,30 10/0 $94.97 $142.45 SI K 11111015 12/1112015 $37.50 Phil Wade Environmental Planner I/Project $97.81 $146.72 $195V 1/1/2016 12/31,12016, S38,63 3% Coordinator $100.75 $151.12 $201.50 1/112017 12/31/2017 $3918 3% Non-h'xempl S103.77 $155.66 $207.54 I/l/2018 12/311201$ $40.98 3% S%25 $87.37 -$116,49. 1/1/2015 12/31/2015 $23.00 Sam Price Biologist I/Biologist $59.99 $89.99 $119,991 I/l/2016 12/31/2016 $23.69 3% $61.19 $92.69 $121591 1/112017 12/31,_2017_S24.40 3% $95.47 S121,29. 1/1/201S 1WI12018 $25,13. 3% S1.01.30 S151.95 S20Z59 I/l/2015 12/.31/2015 $40.00 Sara Cortez. Biologist III/Biologist $104,34 S156,50 $200,67 11I12016 1213 JJ2016, $41.29 3% S107.47 $161,20 $214.93 111/2017 1213 I&M 7 $42. 4 3% Non-Exemt.t $110.69 S166.03 5221,38 111/2018 12131/2018 $43,71 3%- $101.30 N/A N/A., 1I1t201`5 12/31/2015 $0.00 Tawatchai Kodsantie Graphic Artist It/Graphic,Artist $104.34 N/A N/A 1/1)2016 12/31/2,016, $41.20 3% SI07.47 NIA N/A 1/1/2017 12t.3112017 $42.44 3% fi,'Xempt $110.69, N/A N/A MOON f2/31/2019 $4.3.71 3% $88,63 $112.95 S177.27 1/112015 1 $35.00 Tracy Walker Biologist III/Biologist ---0-1.29--$Jb&94 S182.59 l/l/20,16 12/31/20161 % 1 $36.05 31 $94.03 $141,05 $188,07 I/l/2017 12131/2017 S37.13 1%1 S90.85 $145. 2018 17/310Q18 $38,25 any Confidential Business Information State of California - Department of Transportation Contract#: Cost Proposal On-Cali Contract Sub-Consultant: Ambient ADM 2033 Date: 10/1/2015 Page: Overhead General Fringe Benefit% % Administrati Combined% on% NORMAL 0.00% 8.00%0 5.0011/o 13.00% OVERTIME 0.00% 8.00% 5.00% 13.00% FEE% = 10.00% BILLING INFORMATION 2015 Actual/ D Name Classification Hourly Billing Rates Effective date of hourly average hourly %escalation rate 2 increase M rate Z Straight OT(1.5x) OT(2x) From To Hourly raniR 3.00% for class X $145.43 $218.15 $290.86 I/1/2015 12/31/2015 $117.00 Kurt Legleiter Principal $149.79 $224.69 $299.59 111/2016 12/31/2016 $120.51 3% $154.29 $231.43' $30 .58' I/l/22017 12/31/2017 $124.13 3% $158.92 $23837 $317.83 l/l/2018 12/31/2018 $127.85 3% Confidential Business Information State of California -Department of Transportation APPENDIX D Contract#: Cast Proposal On-Call Contract Sub-Consultant:Par Western ADM 2033 Date: IOR12015 Page: NORMAL 68.55% 25.51% 25.97% 120.03% OVERTIME 0.00% + 0.00% + 0,00"/ _ 0.001% F F E% M00% BILLING INFORMATION a- t'r 149.24 N/A N/A 10110015 9/30/201b $61.66 NJ,A Kelly McGuire Principal Investigator200 $153,11 N/A N/A 10/1/2016 9/30/2017 $63.51 3otc N/A Exempt $1$8,.33 NIA N/A 10/1/2017 9/30/7018 $65.42 3% N/A 5163.08 N/A N/A 10/I/2018 12/31/2018 $67.38 3% N/A $135.61 N/A N/A 16/1/2015 9,30J2016 $56.03 N/A Kim Carpenter Principal lnvettigator300 $139.68 N/A N/A 10/1/2016 9/3012611 $57.71 3%u N/A Exempt $143.87 N/A N/A 10/3/2017 9/30/2018 $59A4 3% N/A $148.10 N/A N/A 10/l/2018 12131/2018 $61.23 3% N/A $126,61 N/A N/A 10/I/201.5 +7/30/2016 $52.31 N/A Brian Byrd Principal Investigator400 $130.41 N/A N/A 10/U7016 9/30/20i7 $53.88 3% N/A Exempt $13,132 N/A N/A 14/1/2017 9/3012018 $55.50 3% N/A $138,35 N/A N/A 10/1/2018 12/312018 $51.16 30lo N/A $,86,41 N/A N/A 10/l/2015 9/30/2016 $35,70 N/A Adrian Whitaker Principal Investigator1000 $89,00 N/A N/A 10/112016 9/30/2017 $36.77 3% N/A Exempt $91,67 N/Al N/A 10/l/2017 9130/2018 $37.97 31/0 N/A $94,42 N/A N/A 1011/2018 IL,31/2018 $39.01 3% N/A $76.51 N/A N/A 1011/2015 .9/3012016 $31.61 N/A Amdrew Ugan Principal Investigator 1300 $78,80 N/A N/A 10/12016, 9/30/2017 $32.56 3% N/A Exempt $81,17 N/A N/A IO/l/2017 9/30120JO $33.54 3Yo N/A $93.60 NIA N/A 10/t201$ 12/31/2018 $34.54 3% N/A $113.78 N/A N/A 1011/2015 9130/2016 $47.01 NIA Jack Meyer Geoarchaeologist100 $117.19 N/A NJA 10/1/2p16 9/30/2017 S48,41 3% N/A y Fxempt $120.71 N/A N/A 10/t/2017 9/30120.1.8 $49.87 3% NLA $124.33 N/A N/A 10IN2018 12/31/2018 $51.37 3% N/A $86.41 N/A N/A 10/11/2015 913012016 $35 70 NIA Phil Knijankoski Geoarchaeologist200 $89.00 N/A N/A 10112016 913012017 $36.77 30% N/A Exempt $9,1.67 N/A N/A 10/1/2017 9/30/2018 $37.87 3✓o N/A $94.42 N/A N/A 10/l/2018 12131/2018 339,01 3% N/A $113.78 N/A N/A 10/1/2013 9/302016, $47.0t N/A Paul Brandy GIS Supervisor 100 $117.19 N/A NIA 10/t/'-)W6 9130/2017 $48.42 3% N/A Exempt $120,71 N/A NIA 10/1/2017 9/30/2018 $49,87 3/o N/A $124.33 N/A N/A 10/1/2018 12/3112019 $51.37 3% NIA $76.46 $114.69 $152.92 10/l/2015 9/30/2016 $31.59 N/A Shannon $78.75 $118.13 $157.50 10/1/2016 9/30/20171 $31M 3% N/A DeArmond GIS Senior Analyst $81.11 $121.67 $162.23 10/1/20.17 9/30/2018 $33.51 3% N/A $83,55 $125.32 $167,10 10/1/2018 12/31/2018 $34,52 3% N/A $52.45 $78.67 $104:90 10JI/2015 913012016 $21.67 N/A Ruth Zipfel GIS Assistant 300 $54.02 $81A3 $108.04 10112016 9130/20/7 $22,32 3% N/A $55,64 $93.46 $111.29 10/1/2017 9/301'201,9 $22.99 3/o N/A $57.31 $85.97 $114.62 10/1/2018 12/312018 $23.69 3% N/A $45.79 $68.69 $91.59 10/1/2015 9/10/2016 $18.92 NIA Patricia Galindo Lab Assistant/Human Osteologist $47.17 $70,75 $94.33 101112016 9/302017 $19.49 3% N/A S4838 $72.87 S97.16 10/l2017 9/30/2018 $20.07 3% NIA $50.04 $75.06 $100.08 10/12018 12/312018 S20.67 3% NIA $86AI $129.61 $172,81 10/l2015 9/30/2016 $35.70 N/A Nicole Birney Production Supervisor 100 $89•00 $133.50 S178.00 10/112016 9/30/2017 $36.77 3% NIA $91.67 $137.50 $183.34 10/112017 9/302018 $37.87 3% N/A $94.42 S141.63 $189.84 10/12018 12/31/2018 S39.01 31N. N/A $56,01 $84.01 $112.01 10/112015 9/30/2016 S23.14 N/A Molly Fogarty Production Assistant 100 $57.69 $86,53 $115.37 10/1/2016 9/30/2017 $23.83 3% N/A $59.42 S89.13 $118.83 10/1/2017 9/302018 $24.55 3% N/A _ $61.20 $9L80 $122.40 10/1/2019 1213U2019 $25.20 3% N/A $61.67 NIA N/A 10/12015 9/302016 $25.48 N/A od Hildebrandt Senior Archaeologist 1000 $63.52 N/A N/A 10/112016 9/10/2017 $26.24 3% NIA F'.xempi $65,43 N/A N/A 10/1/2017 9/30/20191 $27.03 3% N/A $67,39 N/A N/A 10/1/20181 121311201$ $27.84 3% N/A $71.91 NIA WA i0/i/2m 5 9/30/2016 $29.71 N/A John Berg Senior Archaeologist400 $74,07 NIA N/A 10/1/2016 9/30/2017 $30.60 3% N/A Exempt $76.29 N/A NIA 10/1/2017 9/30/2018 $31.52 3% NIA $78.58 N/A NIA 10/1/2018 12/31/2018 $32.46 3% N/A $69.56 NIA N/A 10/1/2015 91.1012016 $28,74 N/A Mike Darcanlelo Senior Archaeologist450 $71,65 N/A N/A 10/1/2016 9/30/2017 $29.6Q 3% N/A Exempt $73.80 N/A N/A 10/1/2017 9/30/2018 $30.49 3% N/A $76.01 N/A N/A 10/1/2018 12/3112018 $31A 3% N/A $50.51 $75.77 $101.02 10/l/2015 913012016 $20.87 N/A Kathleen Davis Staff Archaeologist500 $52.03 $78.04 $104:06 10/1/2016 9/30/2017 $21.56 3% NIA $53.59 $80,38 $107.1$ 10/1/2017 9/30/2018 $22A4 3% N/A $55,20 $92.79 $110,39 10/l/2018 12/31/2018 $22,.81 311n N/A $4732 $70.98 $94.63 10/l/2015 9/30/2016 $19.55 N/A Stephanie Bennett Staff Archaeologist 800 $48.74 $73.11 $97',47 10/1/2016 9/30/2017 $20,14 3% N/A $50.20 $75.30 $100.40 10/1/2017 9/30/2018 $20.74 3% NIA S$1.7i $77.56 $103A1 10/11-7019 12/3112018 $21.36 3"lo N/A $71.06 1106.59 $142.12 10/l/2015 9130/2016 $29.36 NIA Jennifer Collier Contracts Administrator $73.19 $109,79 $146.39 10/1/2016 9/30/2017 $30.24 3% N/A $75.39 $I 13.08f $150,18 10/,1/2017 9/30120181 $31,15 3% N/A $77,65 $116.48 $155.30 10/1/2018 12/3112018 $32.08 3% N/A $48,00 $7.1.99 $95.99 10/U2015 9/30/2016 119V N/A Maria Gumpal Assistant Financial Analyst $49.43 $74.15. $98,87 10/1/2016 9/3012017 $20.42 3% N/A $50.92 $70.3$ $101M, 1011/2017 9/30/201$ $21,04 3% N/A $52.4.5 $78.67 $104..89 10/1/201,8 IWII2019 $21.67 3% N/A $45,77 $68.65 $91.54 1011/2015 9/30/2016 $18.91 N/A Technician A Technician $47.14 $70,71 $94,2$ 10/1/2016 9/30/2017 $19.48 3% N/A $48.56 $72.83 $97,11 10/112017 9130/2014 $20.06 3% N/A $50,01 $75.02 $100,02 10/1'/2018 12/31/2018 $20,66 3% N/A $56.88 $802 $113.76 10/1/2015 9/3012016 $23,50 N/A Justin Wisely Staff Archaeologist900 $58.58 $87.$8 $117.17 1011/2016 9/30017 $24.21 3% NIA $60.34 $9U l $120.68 10/112017 41307201$ $24.93 3% N/A Me.15 $93,23 $124.30 1,011/2018 12131/2018 $25.68 3% N/A Confidential Business Information State of California - Department of Transportation Contract#: Cost Proposal On-Call Contract Sub-Consultant: Helm Biological Consulting ADM 2033 Date: 10/1/2015 Page: Overhead General Fringe Benefit% % Administrati Combined% on% NORMAL 0.00% 0.00% 0.00% 0.00% OVERTIME 0.00% + 0.00% + 0.00% = 0.00% FEE% = 0.00% BILLING INFORMATION 2015 Actual/ Effective date of hourly %©escalation Name i Classification Hourly Billing Rates average hourly M rate , increase z rate` Straight OT(I.5x) OT(2x) From To 3.00% Hourly rar> ! ;for class $120.00 N/A N/A 11112015 12/31/2015 $120,00 N/A Brent Helm $123.60 N/A N/A 1/112016 12/31/2016 $123.60 3% N/A Senior Biologist $127.311 N/A N/A 1/1/2017 12/3112017 $127.31 3% N/A $131.13 N/A N/A 1/I/2018" 1 213 1 1201 8 ` $131.13 3% N/A Confidential Business Information STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION Contract#: COST PROPOSAL Subconsultant: JRP Historical Consulting, LLC On-Cail Contract-County of Fresno Environmental Consultant Services for Various Public Works Projects Date: October 8,2015 Page 1 of 5 ADM 2033 NORMAL 49.919% 30J8% 40,42% = 120-91% OVERTIME 49.91% 30.58% + 40.42% = 120.91% IFEE% = 10.00% BILLING INFORMATION N Stephen R. ee 171,53 N/A 11112015 12/31/2015 70.59 $60.00-$85.00 Principal Partner-Historian 176.69 NIA 1/1/2016 12/31/2016 3.0% G 72.71 $60.00-$85.00 181,98 N/A 1/1/2017 12/31/2017 3.0% 74.89 $60,00-$85.00 > Exempt 187.45 N/A 1/1/2018 12/31/2018 3.0% 77.14 $60-00-$85.00 Rand F. Herbert 171.53 N/A 111/2015 12/31/2015 70.59 $60.00-$85.00 M Principal/Partner-Historian 176.69 N/A 1/1/2016 12/31/2016 10% 72.71 $60.00-$85.00 z 181,98 N/A 1/1/2017 12/31/2017 3.0111/0 74.89 $60.00-$85.00 Exempt 187.45 N/A 1/112018 12/3112018 3.0% 77.14 $60.00-$85.00 X Rebecca Meta Bunse 159.04 N/A 1/1/2015 12J31/2015 65.45 $60.00-$85.00 Principal/Partner-Architectural Historian 163.81 NIA 1/1/2016 12/31/2016 10% 67.41 $60.00-$85.00 168-72 NIA 1/112017 12131/2017 3.0% 69.43 $60.00-$85.00 Exempt 173.77 N/A 111/2018 12131/2018 3.0% 71.51 $60,00-$85.00 Christopher D.MeMorns 149.64 N/A 1/112015 12/31/2015 61.58 $50.00-$75.00 Partner-Architectural Historian 154.14 N/A 1/1/2016 12131/2016 3_01% 63.43 $50.00-$75.00 158.75 NIA 1/1/2017 12/31/22017 10% 65.33 $50.00-$75.00 Exempt 16152 N/A 111/2018 67.29 $50.00-$75.00 1/1/2015 1-031/2015 $50..00-$75.00 Bryan T.Larson 121.74 N/A ;;o in Partner-Historian 125.39 NIA 1 IU2016 1213l/2016 3.0`YQ 51.60 $50.00-$75.00 129.16 N/A 1/1/2017 12131/2017 3,011/o 53,15 $50.00-$75.00 Exempt 133-02 NIA 1/11418 12/31/220118 3.0% 54.74 $%00-$75.00 Scott Miltenberger 94.77 114,27 111=15 12/31/2015 39.00 $35.00 - $47.00 Senior Historian 1 97,61 117.70 I/l/2,016 12/3112016 3,0% 40.17 $36,05 - $48A1 100.55 121.24 1/112017 12131/2017 3.0% -1-41.38 $37.13 - $49.86 Non-Exempt 103.57 124.88 1/1/2018 12/31/2018 3,0% T-42.62 $3825 - $51.36 STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION Contract#: COST PROPOSAL Subconsultant: JRP Historical Consulting, LLC Date: October 8, 2015 On-Call Contract-County of Fresno Environmental Consultant Services for Various Public Works Projects Page 2 of 5 ADM 2033 NORMAL 49.91% + 30,58% + 40.42%o = 120.91% OVERTIME 49.91%0 + 30.58% + 40A25/o = 120.91% FEE% = 10.00% BILLING INFORMATION Tonl Vllebb 94.62 114.09 1/1M15 12/31/2015 38.94 $30,00 - $45.00 Architectural Historian III 97.47 117.52 1/1/2016 12/31/2016 3.00/6 40.11 $30.90 - $46.35 100,38 121,04 1/1/2017 12/31/2017 3.0% 41.31 $31,83 - $47.74 D Non-Exempt 103.40 124.67 1/1/2018 12131/2018 3.0%fl 42.55 $32.78 - $49.17 -D Heather Norby 72.90 87.90 1/1/2015 12/31/2015 30.00 $30.00 - $45.00 Historian III 75.09 90,54 111/2016 12/31/2016 3.0% 30.90 $30.90 - $46 z .35 Z 77.35 93,26 1/1/2017 12/31/2017 3.0% 31.83 $31.83 - $47.74 Non-Exempt 79.66 96.05 1/1/2018 12131/2018 3.0% 32.78 $32.78 - $49.17 X Steven Melvin 68,77 82:92 1/1/2015 12/31/2015 28.30 $25.00 - $3100 Historian If 70.83 85.41 111/2016 12/31/2016 3.0% 29.15 $25.75 - $33,99 72.95 87.96 1/1/2017 12/3112017 3.0% 30.02 $26.52 - $35.01 Non-Exempt 75.14 90,60 1/1/2018 12131/2018 3..0%0 30.92 $27.32 - $36.06 Joseph Freeman 68.04 82.04 1/1/2015 12/31/2015 28.00 $25.00 - $33.00 Historian 11 70.08 84.50 1/112016 12/31/2016 3.0% 28.84 $25.75 - $33.99 72.20 8T05 1/1/2017 12/31/2017 3.0% 29.71 $26.52 - $35.01 Non-Exempt 74.M 89.66 1/l/2618 12/31/2018 3.0% 30.60 $27.32 - $36.06 Cheryl Brookshear 67.31 81.16 1/1/2015 12131/2015 27.70 $25.00 - $33.00 Architectural Historian 11 6933 83.59 1/1/2016 1.2/3112016 3.0% 28..53 $25.75 - $33.99 71.42 ^--86.11 l/l/2017 12/31/2017 3.0% 29.39 $26.52 - $35.01 Nan-Exempt 73.56 88.69 111/2018 12/31/2018 3.0% 30.27 $27.32 - $36.06 Kia Larson 60.75 73.25 1/1/2015 12/3112015 25.00 $23.00 - $30.00 Contracts Manager 62.57 75.45 1/1/2016 12/31/2016 3.0% 25.75 $23.69 - $30.90 64.44 77.70 1/1/2017 12/31/2017 3.0% 26.52 $24.40 - $31.83 Non-Exempt 66.39 1 80.05 1/1/2016 12/31/2018 3,0% 1 27.32 $25.13 - $32.78 STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION Contract#: COST PROPOSAL Subconsultant: JRP Historical Consulting, LLC On-Call Contract-County of Fresno Environmental Consultant Services for Various Public perks Projects Date:October 8,2015 W Page 3 of 5 ADM 2033 NORMAL 49.91% + 30384/0 + 40.42% 120.910 OVERTIME 49,91% + 30..58% + 40,42% = 120,91% FEE% = 10.000/0 BILLINTG INFORMATION David Hickman 60.75 73.25 1/1/2015 12/31)2015 25D0 $21,00 - $27,00 Historian 1 62.57 75.45 1/1/2016 12/31/2016 3.0% 25.75 $21.63 - $27.81 64.44 77.70 1/1,/2017 12/31/2017 3.0% 26.52 $22-28 - $28.64 > Non-Exempt 66.39 80.05 111/2018 12/31/2018 10% 27.32 $22.95 - $29.50 -0 Chandra Miller 57.54 69.38 1/1/2015 12/31/2015 23.68 $21-00 - $27,00 M Historian 1 5927 71.46 1/112016 1.2/31/2016 3.0 5/6 24.39 $21.63 - $27.811 z 61.04 73.60 111/2017 12/31/2017 3.0% 25.12 $2128 - $28.64 0 Non-Exern.w 62.86 76.80 111/2018 121,31/2018 3.0% 25.87 $22,95 - $29.50 X Rebecca Flores 55.89 67.39 1/11'2015 IZAI/2015 23.00 $23.00 - $30,00 Graphics/GIS Technician 11 57.57 69.41 11I/2016 12/31/2016 1 3.0% 23.69 $23.69 - $30.90 591.29 71.49 1/1,/2017 121,31/2017 100/o 24.40 $24A0 - $31.83 -Non-Exempt- 61.07 73.63 1111112018 12131/2018 3.0% 25.13 $25.13 - $32.78 Leslie Trew 53,44 64.43 1/1t2015 12/3112015 21,99 $21.00 - $27.001 Historian'1 55.04 66.36 1/1/2016 12/311,2016 3,0% 22.65 $21.63 - $27,81 56.69 68.36 1/1/2017 1=112017 3.wo 2133 $22.28 - $28.64 Non-Exempt 58.39 70.41 1/1/2018 12/31/2018 3.0% 24.03 $22.95 - $29.50 Heather Miller 47.85 957 1/1/2015 12/3112015 19,69 $17.00 - $22,00 Research Assistant 11 4,9.28 59.42 1/1/2016 12/211/2016 10% 20.28 $17.51 - $22.66 50.76 61.21 1/1/2017 1213112017 3.06/6 240.89 $18-04 - $23.34 Non-Exempt 52.29 6U5 111/2018 12131/2018 3.0% 21.52 $18.58 - $24.04 Matthew Walker 44.96 54.21 1/112015 12/31/2015 18.50 $17.00 - $22,00 Research Assistant 11 46.32 65.85 1/1/2016 12131/2016 3.0% 19.06 $1T51 - $22.66 4 39/2017 3.0% 19Z3 $18-04 - $23.34 Non-Exempt 49.13 59.24 1/1/2018 1 12/31/2018 3.0% 20:22 $18.58 - $24.04 STATE OF CALIFORNIA a DEPARTMENT OF TRANSPORTATION Contract#: COST PROPOSAL Subconsultant: JRP Historical Consulting, LLC Date: October 8, 2015 On-Call Contract-County of Fresno Environmental Consuitant Services for Various Public Works projects Page 4 of 5 ADM 202� 5 f ii K.`xS• $�:, f���. � -�ia.Y1'f �� �[.': n: 'I' v� .�K T � t� f yy.... - NORMAL $9.91°fa + 30.58% + 4fl.42% 120.91% OVERTIME 49.91% + 34.5$% + 40. 2°l0 - 120.91%u FEE% 110,00% BILLING INFORIVIATI'ON .r, �f� rf : t ," , �.9 r� rsr� ,.,. �� �•3: yir< �, , �y�:. ......;. ✓ 'VJ"` K f �'' ,q.. t .+ :, .(1. �"�� '. ,f ��r 1 4Y�" �.. �., .. ....s, �t�5, ..., sv �. � � #.. r� � 9,c�.• sxaYT�,' si., 'Y,- '�.H�`.' .�,�:y1xx",� .�.�'. x � ..,.:� � ,•:>: .t : :L......_ tom: '�. " x..-_ .• ...,..:. r 7..,u,4_ t• ¢.s a,: .x., iv 4...k....,,• _ •,ri..-.;., ,K. '�..• z, �-. .�,�'r. - aS k, s�.. - 'ar Gs•!'.w".. � �`ro.,;,,. Erica Koontz 44.66 53:85 11112015 12/31/2015 18.38 $17.00 - $22.00 Administrative Assistant 1 46.00 55.47 1/1/2016 12131/2016 3.0% 18.93 $17.51 - $22.66 47,39 57.14 1/1/2017 12/31/2017 3.0% 19.50 $18.04 - $23.34 Non-Exempt 48.82 58.86 1/112018 12/31/2018 3.0% 20.09 $18.58 - $24.04 Samuel Skow 41.31 49.81 1/112015 12/31/2015 17.00 $16.00 - $18.00 M Intern/Research Assistant 42.55 51.30 111/2016 12/31/2016 3.0%° 17.51 $16.48 - $18.54 43.84 52.86 1/1/2017 12131/2017 3.0% 18.04 $16.97 - $19.10 X Non-Exempt 45.15 54.44 1/1/2018 12/31/2018 3.0% 18.58 $17.48 - $19.67 Vacant 111,78 134.78 11112015 12/31/2015 46.00 $40.00 - $52.00 Senior Historian Ii 115.13 13&82 1/1/2016 12131/2016 3.0%n 47.38 $41.20 - $53,56 118.58 142.98 1/1/2017 12131/2017 3.0% 48.80 $42.44 - $55.17 Non-Exempt 122,,13 147,26 1/1/2018 12/31/.0Q10 3.0% %26 $43.71 - $56.82 Vacant 58.32 7012 1/1/2015 12/31/2015 24.00 $21.00 - $27.00 Architectural Historian 1 60.07 72.43 111/201'6 12/3/12016 3.0% 24.72 $21.63 - $27.81 61.87 74.60 1/1/2017 12/31/2017 3.0% 25.46 $22.28 - $28.64 Non-Exempt 63.71 76.82 1/1/2018 12/31/2018 3.0% 26.22 $22,95 $29.50 Vacant 57.11 68.86 1/1/-2015 12/31=15 23.50 $20.00 - $27.00 Administrative Assistant 11 58.83 70.94 1/1/2016 1.2/31/2016 3,0% 24.21 $20.60 - $27.81 60.60 73.07 1/1/2017 12/3112017 3.0% 24.94 $21.22 - $28.64 Non-Exempt 62.43 75.27 1/1/2018 12/31/2018 3.0'% 25.69 $21.85 - $29.50 Vacant 53.46 64.46 1/1/2015 12131/2015 222.00 $20.00 - $24.00 Graphics/GIS Technician 1 55.0.6 66.39 1/112016 12131/20/6 3.0°A 22,66 $20.60 - $24.72 56.72 _ 68,39 11112017 12/31/2017 3.0% 23.34 $21.22 - $25,46 Non-Exempt 58.42 70.44 1/1/2018 12/31/2018 3.0% 24.04 $21.85 - $26.23 STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION Contract#: COST PROPOSAL Subconsultant: JRP Historical Consulting, LLC Date: October 8,2015 On-Call Contract-County of Fresno Environmental Consultant Services for Various Public Works Projects Page 5 of 5 ADM 2033 t U. aS;xT, ,4 r:•s, '�'.., fix.<_, « �,r'� � ,.. .< i �;h?, ,SUXe .y�xr.., fi:iF'"cs' h+ ca.:: ._..ta-7 NORMAL 49.91% + 30,58% + 40.42% = 120,91% OVERTIME 49.91% + 30,58% + 40-42% - 120,91%n FEE% - 10.00%n BILLING INFORMATION 4 Vacant 49.82 60.07 1/112015 12131/2015 20.50 $18.00 - $23.00 Research Assistant Ili 51.32 61.88 1/1/2016 12/31/2016 3.0% 21.12 $18.54 - $23.69 52.85 63.73 1/112017 12/31/2017 3.0% 21.75 $19.10 - $24.40 D Non-Exempt 54.43 65.63 1/1/2018 12/31/2-018 3.0% 22.40 $19.67 - $25.13 -� Vacant 41.31 49.81 1/V2015 12/3112015 17.00 $16.00 - $18,00 M RI Research Assistant ! 42,55 51.30 1/1/2016 12/31/2016 3.0% 17.51 $16.48 - $18.54 Z 43.84 52.86 1/9/2017 12/31/2017 3.0% 1 18.04 $16.97 - $19.10 X Non-Exempt 45.15 54.44 111/2018 1 12/31/2018 3.0% 18.58 $17.48 - $19.67 Confldentiai Business Information Stets of CaliforniaPPEN®IXia -Department of Transportation Contract#: Consultant: Kleinfelder Date: 10/1212015 Page: Overhead General Fringe Benefit% % Adrninistrati Combined% on% NORMAL. 61 20% 118.28% 0.(kNh, 179.48% + - OVERTIME 6120% + 118,29% + o.tkl% _ 179.48% FEE% 10,00% BILLING INFORMATION 2015 2015 Actual/ Actual/Average Name Classification Hourly Billing Rates Effective dale of hourly average hourly %escalation hourly rate rate mte= increase Straight OT(I,Sx) OT(2x) From To 3 tN1% Hourly range for ails $227,50 NIA N/A 11112015 12/3112015 $74.00 $40to$100 David Pearson $234,32 N/A NIA 111/2016 12I3112016 $76.22 3%$40 to$100 Senior Principal Professional $241 35 N/A NIA I/l/2017 12/31/2017 S78.51 3%$40 to$100 Nan-Fxtm J $248.59 N/A NIA 111/2018 12131120t8 $80,86 3%$40to$100 S184,98 N/A NIA I/I/2015 12/31/2015 W.)7 $30 to$65 Bradley Erskine $190,53 N/A N/A I/l/2016 12131/2016 $61,98 3%$30 to$65 Principal Professional $196.24 N/A NIA 1/l/2017 12/31/2017 $,63,83 34/0$30 to S65 Exem U $202.13 N/A N/A 111/2918 12/31/2018 $65,75 3%00 to$65 $184-99 NIA NIA II1/201512131/2015 $60.17 $301o$65 Susan Gardner $190-53 NIA NIA 1/1/2016 12I31120I6 $61:98 3%S30 to$65 Principal Professional $196,24 WA NIA 111/2017 12/31/2017 $63.83 3%$30 to$655 !:;xetn l $202,13 N/A N/A 11.112018 IW1/2018 $6575 3%$30to$65 $I84.98 N/A N/A )/0015 1231/2015 $60.17 11ILo$65 Joe Zilles $190.53 N/A NIA 1/1/2016 12I3112016 $61.9$ 3%$3,0 to$65 Principal Professional $0624 N/A N/A 1111201,7.12/3112017 $61831 A$30to$65 FIXOMPI S202.13 NIA NIA 111/2619 12E3112018 $65.75 3%$�3ry0 to$65 SI6020 N/A NIA )114201512/31/2015 $52.11 gTO 1oS65 Nathan Dahlen $165.01 N/A N/A 1/11201612/31/2016 $53,67 3%$30"to$65 Senior Professional $169-96 N/A N/A UU2017 12131/2017 $55 28 3%$30 to$65 l„„zeNJ N $175,06 N/A N/A I/U201$ 12/3112018 $56,94 3%$30 to W $117.50 N/A NIA I/l/2015 12/31/2015 138.22 $30 to$65 Neva Popenoe $121.02 N/A N/A 1/1/2010 12/3112016 $39 37 3%$30 to$65 Project Professional $124.65 N/A NIA 1/1/2017 12131/2017 $40,55 3%n$30 to$65 K.tem I $128.39 N/A NIA 141F20101V31/2018 $4136 3'%$30to$65 $117-50 NIA RA I/I4 ol15 12Y3112013 S3822 S20to$40 Romeo Shiplee $121.02 N/A NIA 1/l/2016 1213112016 539,37 3'/0$20io-S40 Project Professional $124,65 NIA NIA 1/14017 12131/2017 $40.55 3%$20to$40 lixepr9r $12839 N/A N/A 1/l/2018 12131P2018 $41,76 3%$2:0to$40 $117.50 N/A NIA Ill/2015 V3Ii2015 $38,22 $15(o$35 Michael Beltran $121.02 NIA N/A I/l/2016 12/31/2016 $39.37 3%$15 to$35 Project Professional $124.65 NIAI NIA 1/1:12017 12131/2017 $40.55 361,$15 to$35 E vent i $128.39 NIA N/A 1/112018 12/3112018 S41.75 3%$15 to S35 $117.50 N/A NIA MY201S 1 213 11201 5 $3$22 $1.5to$35 Margaret Carroll $121.02 NIA N/ 1/142016 12/31/2016 $39.37 3%$15 to$35 Project Professional $124,65 N/A N/A I/l/2017 12/31/2017 $40,55 3%$15 to$35 lxwm E $129,39 N/A N/A I/l/2018 12/31/2018 $41,76 3°!.$15to$35 $99,05 N/ N/A 1/t/2015 12/31/2015 $32.22 $20to$40 Mathew Owens $102.02 N/A NIA I/l/2016 12/31/2016 933,19 A.$20toS40 Staff Professional S105.09 NIA N/A 1/1/2617 12/31/2017 $34,18 3%$20 to$40 /Lre l $108.24 N/A NIA 1/1/2018 1213112018 $35 21 3%*$20 to$40 $99A5 NIA NIA 1/l/26151V31/2015 $32.22 $15to$35 Craig Riddle $102.02 N/A NIA I/l/2016 12/31/2016 $33.19 3%$15to$35 Staff Professional $10509 N/A NIA I/l/2017 12/31/2017 $34.19 3%$15to$35 IxemJr $108.24 N/A N/A i11/20)812/31/2018 $35.21 3%$15to$35 S99,05 N/A N/7 1 11/2015 12/31/2015 $32.22 $15to$35 Isaac Rosales $102.02 N/A N/A I/l/2016 12/31/2016 $33,19 3%$15to$35 SfaffProfessional $105.09 N/A N/A 1/1/2017 12BI2017 $34.18 3%$15toS35 Exempt $108.24 N/A N/A I/I12018 12J31i2018 $35-21 3%$15 to$35 $99.05 N/A N/A 1/I/2015 12131/2015 $32,22 $30 to S70 _ Steven Linton $10102 N/A NIA 1/1/2016 12/31/2016 $33.19 3%$30 to$70 Staff Professional $105,09 N/A N/A 1/I/2017 12/31/2017 $34,18 3%S30to$70 - ..__._..._. lirem t SI08.14 NIA NIA 1/1/2018 12/3112018 $35,21 3%$30 to S70 ^� $99.05 N/A NIA Ili/2Ot5 12/31/2015 S32.22 $10toS35 Tyler DeSouza S102.02 N/A NIA I/l/2016 12/31/2016 S33.19 3%$10 to$35 Staff Professional $10509 NIA NIA 1/l/2017 12/31/2017 $34,18 3%$IOto$35 Rrem r $108.24 N/A N/A 1/l/2018 12/3112018 $35.21 3%$10to$35 $99,05 $148.58 $198.11 1/l/2015 12131r2015 $32,22 $10to$40 Michael Maury Senior Technician $102.02 $153,04 $204,05 I/l/2016 12/31/2016 $33,19 3%$10to$40 ----•- $105.09 $157,63 $210.17 VI/2017 12/31/2017 S34.18 3%$10to$40 _ Nnrt-lixem f $10824 $162.36 $216.481 IllaOI8 12/3112018 S35.21 3%$10toS40 APPEN $99.05 $1.48,58 $198,11 1/1/2015 12/:i1f2015 $32.22 $10to$40 MichadCriBin C.1llD Opei�tor $102,02 $153.041 $204.05 1/t/2016 12/31f20.16 $3319 3%$10to$40 $105.09 $157.63 $210.17 IfIF2017 12f31/2017 534.18 31$10to$40 )van-/xema1 $108.24 $162.36 S21648 111/2018 12/3112018 $35.21 3 $10to$40 $99,05 $148.58 $199,11 1/l/201512/51/2015 $32,22 $10to$40 Dean Fahrnq CADD Operator SJ02,02 S153.04 $204.05 111/2016 1261/2016 $33.19 3%$10to$40 $t05.49 $157.G3 $210.17 Il1/2017 12/31/2017 $34.18 3%$l0to$40 Nort-Exempt $108,24 $16236 $216.48 1/t/2018.12/31/2018 $35,21 3%$10toS40 $73,14 5109.71 5146-F 1/11201S`I2Y3112g15 $33,79 $10to$40 Shannon Jones $75,33 $113.00 $150.66 1/112016 12/31/2016 $24.50 3%VO to W Administator $7759 $116.39 $155,18 1/112017 14/31/2017 $2524 3%$10to$40 Non<Gxem t $79,92 $119,88 $159.84 lil/2018 12/31/2018 $26,00 3%$10to$40 $73,14 S 109.7T $146.27 111/2015 12/3'1/2 15 $23.79 $10 to$40 Alisha Mullen r S75.33 $113.00 $450.66 1/112016 12/31/2016 $24,50 3f$10to$40 Admmisfator $77,59 $116,39 St15.18 I/l/2017 12n1'/2017 $25:24 3%$10to$40 -�- Nnn-/item r $79792 $119.88 $159,84 I/l/2018 12/31/2018 $26.W 3%$10to$40 Confidential Business Information State of California - Department of Transportation Contract#: Est Proposal On-Call Contract Sub-Consultant: Kuhtzpapae Consulting ADM 2033 Date: 10/12/2015 Page: Overhead General Fringe Benefit% % Administrati Combined% on% NORMAL 0.00% } 0.00% + 0.00% 0.00% OVERTIME o. o% + o.00 iti° FEE% = 0.00% BILLING INFORMATION 2015 Actual/ > Name Classification Hourly Billing Rates Effective date of hourly average hourly %escalation rate increase M rate Z 1 Straight OT(I.5x) OT(2x) From To Hourly ran { 3.00% for class 1 $180.00 N/A N/A i/l/2€115 12/33Y20151 $180.00 Arborist $185.40 N/A N/A 1/1/2016 12/31/2016 $185.40 3% $1.90.96 N/A N/A I/l/2017 12/3 I,/2017 $190.96 3% `x m,,vt $19,62 N/A N/A 111/20-18. 12/31/20183 $196.69, 3°0 Confidential Business Information State of California - Department of Transportation Contract#l: ProposalCost Ora-Call Contract Sub-Consultant: The Wildlife Project ADM 2033 Date: 10/l/2015 Page: Overhead General Fringe Benefit% % Administrate Combined% on% NORMAL 0.00%® 0.00% 0.00% 0.00% OVERTIME 0.00% + 0.00% + 0.00% 0.00% FEE% — 0.00% BILLING INFORMATION 2015 Actual/ D Effective date of hourly %escalation 0 Name Classification Hourly Billing Rates average hourly rate Z increase M rate Z Straight OT(1.5x) OT(2x) From To Hourly rangi 3.00% for class X n ! $95.00 N/A N/A I/l/2015 12/31/2015 $95.00 Jeff Alvarez $97.85 N/A N/A I/l/2016 12/31/2016 $97.85 3% Permitted Biologist $100.79 N/A N/A I/l/2017 12/31/2017 $1.00.79 3% Exempt S103.811 N/A N/A l t/l/201811,2/31/2,01§j $103.81 3% Confidential Business Information State of Calitomn,-Department of Transportation Contract A: - Cost Proposal On-Call Contract Sub-Consultant. WRECO ADM 2033 Date: 1 0/1120 1 5 Page: NORMAL 71.72% 6112% + 000% � 135.94% OVERTIME 71.72% 61.12% 0_00% 133.84% FEE% BILLING INFORMATION S230.91 NIA NIA 11112015 12/312015 589.Q7 N/A Han-Bin Liang Principal Engineer S240.15 N/A NIA. 11V2016 12/31/2016 $92.51 4aA. NFA Exempt $249.76 N/A NIA 1/12017 12/31/2017 $96,27 4% N:A $259.75 N/A. N/A 1/112018 121311;2018 $100.12 4% N/A SIK51 NIA N/A U12015 12/312015 $6534 NIA Chris Sewell Supervising Engineer S176.29 NIA N/A 1/112016 128,142016 56795 4% NIA Exempt S18334 N/A NIA 1/112017 1231201. S70.67 4% WA $190.67 N/A N/Al I/IP-07.8 12/31/2018 $73.50 4?/n NIA S192,64 N/A NIA 111120,15 12, 1/2015 $74.26 $65.18 $83.33, Supervising Engineer $200.34 NJAJ NIA 1/1F201-6 12131201' 'S7723 4% $(,7,79 S8666 1.. Exempt S20833 MAI NSA V1/2417 121312017 $W.31 4% M30 S90.13 S216.69 Na NIA I/I12018.I2/3,120T8 ,$8353 4% $73.32 593_73 S137.01 $137,01 $137,01 V112015 12/312015 $52,82 $4045 $65.18 m Senior Engineer S142.50 S142,50 $142.50 1/112016 12/31/2016 $54,93 4% S42.07 $67,79 Z Exempt S14820 S1.48.20 S1.4810 111/20.17 1213/12017 S57.12 4% $43.75 $70,50 SI54.12 $15412 $154.12 1112614 12131/2018 559.41 4% S45.50 173.32 _0 S101,17 $103.17 $103;17 IRMIS JI/312015 $39,77 S34.09 $45.41 X Associate Engineer S107.30 $107,30 S107.30 IIM01.6 ).213120I S41,36 4% $3545 547,27 Exempt $111;59 $111.59 $111.59 1112017 M1/2017 $43,02 446 S3687 S49.16 $116,06 SH&06 S116,06 1/1T201,8 1213l/2018 $44.74 4% $38.35 $51.13 $73,70 $71.70 $73.70 1112015 12131/2015 528,41 S22,73 $34.09 Ss@`Etioneer S76,65 S76.65 SX,55 IIIP.016 12/3M2016 $29,55 4% S23-64 $35.45 Non-exempt/Exempt 179.72 $W-72 $79,72 111/2017 12/.312017 $30,71 4% SZC58 $36,87 $81-91 $92.91 $8191 I/7/20T8 Inli 01.8 $31.96 4% $25.57 S3835 Senior Biologist/ S1.31-4, $13194 S132,94 I/I/2015 IV31/2015 $51.25 $41.67 $60.92 Senior Environmental Scientist S438.26 $139,26 $13$26 1112016 1.2r31,12016 S53.29 4% $43.34 $63.25 Exempt S143,79 S14339 S143.79 1112017 1213U2,017 $55.43 4% S45,07 $65,78 S14454 $149.54 $14934 1/t/2018 12r3 TOO 13 55T64 44(a $46.97 $68,41 Associate Biologist/ $93311 593,35 $93,35 1/I2015 12i3IJ2015 S35.99 $30.30 $41.67. Associate Environmental Scientist SWAII $97,09 S97,09 1/1/2016 12/3112016 S37,42 4% $31 51 S43.34 Exempt $100.97 $100.97 $100.97 11120�17 1273112017 $38.92 4% S32.77 S45.07 $10501 S[05.41 SIOSAJ 1/11201$ 12/31=19 $40,48 4% $34.08 S46.87 ffBiotogist/ S6197 56187 $6117 11112015 12,11;.2Q15 $2462 518.94 S30.30 Sra StaffBiolronmantalScientist $66,42 $66.42 S66,42 I/14016 12t312016 S25.60 4% $19.70 $3.1,51 EnvNon-Exempt/Ekempt $69408 $69.08 $69,08 11112017 %2/3112017 526.63 49/a S20.49 $32.77 $71.85 S71,85 171..85 00,12018 I2/31"2018. $27.69 4%. $21.30 $34,08 $7&62 $79.62 - $73,62 1111201$ 11'S1.120I5 M31 M.521 $34,09 Senior Technician- $91,76 $81,76 $81,76 II11201s, 12t3I2016 $31.52 4% $2738 $35.45 Non-exempt 58509. $95,03 $85.03 1/1/2017 121312017 $3178 4% S2868 $36,87 $99 44 $88,44 $88.44 1/112019 12/31I2018 $34.09 4% $29.83 $38,35 1 Adminisiratorl'Clorioaif $85.1T $85.17 '$$5,17 111205'S 12731t2015 $32.83 $2399 $41,67 Tech Editor S$8;58 $88.58. 588,58 1/12016 1113120T6 1.4 4 4% S24.95 S43,34 Non-exempt S9212 $92.12 S92.12 1112017 12131120111 $35.51 4% $25.95 $45.07 $95.80 $95.801 $95.80 I&J2DIZI IM1/20i8 M,93 40/u $26.99 $46,87 Confidential Business information. Note employeeslclassifications that are subject to prevailing wage requirements with an asterick('). Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System Ex"wri, I O-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Sap Harbor Indirect Cost Rate submit Attachment I of DLA-OD 13-07-Safe Harbor Indirect Cost Nate for Consultant Contracts found at hitp:llwww.doLea.govlhq,lLocalProgramsIDLA—OBIDLA—OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Area West Environmental, Inc. Indirect Cost Rate: 140.22% — * for fiscal period 1/01/201.5 to 12/01/2015 *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: Contract Number: Project Number: 11 the undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations(CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Mannement System: 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR., Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: 1,the undersigned,certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies is$- 935,850 and the number of states in which the firm does business is I Certification of Direct Costs: 1,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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48,CFR, Part 31. Allowable direct costs to a Government contract shall be: Page I of 2 LPP 15-01 January 14,2015 Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172—Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call contract): $ TBD Prime, list all subconsultants and proposed subcontract dollar amounts(attach additional page if necessary): see shed $ $ Consultant Certifying(Print Name and Title): Name: ___Becky Rozumowicz Title: President Consultant Certification Signature **: ` Date of Certification(mm/dd/yyyy): 10/12/2015 Consultant Contact Information: F,Inail: becky-(aareawest.net Phone number: 916 987-3362 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 CF1?, Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore,subconsultants as parties of a contract must complete a certification and send originals to A&I and keep copies in Local Agency Project Files, Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 LPP 15-01 January 14,2015 APPENDIX E Local Assistance]Procedures Manual F,x"JBIT 10-K Consultant Certifiestion of Contract Costs and Financial Management System EXHIBIT I-0. CONSULTANT CERTIFICATION OF CONTRACT COSTS AND F'INANI ClAL (Note. If requesting to utilize the Safe harbor Indirect Cost hate submit Attachment I of II1,A-0B I3-07-Safe Harbor Indirect Cost Rate for Consultant Contracts foand at Milo✓lwww.dot.ca,gnvlh ocal ogramsIDLA—OBIDLA OR:b nt in lieu ofthisform) f'ir€ ! rt�s. Consultant firm Name:AMBIENT Air Quality&Noise Consulting Indirect Cost Rate: ,__ 01/ *for fiscal period p1/01/ 015-12/3l/201 (rxim/dd/yyyy to mm/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Govemment, Contract"Number. Project Number; 1,the undersigned,certify that 1 have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of nay knowledge and belief: 1. .All costs included in this ptpposal to establish final Indirect Cost Rates are allowable in accordance Wirb the ;t pt4u6p'les oft Fed AoquitYiifon,RepdaOons(FAR)of Title 48, Code of Federaf Rcgu1ations(Cla K),?aA 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFF,Part 31. All known material transactions or events that have occurred affeWng the f rm's ownership,organization,and Indirect Cost Dates have 4-en disclosed as of the date of proposal preparation notod above. Certification offlan ela ana 1.the undersigned,certify to the best of my knowledge and belief that our Financial Management System berets the standards for financial reporting,accounting records, internal and budget control as set forth in the FAR of Title 49,CFR, Part 18.20 to the extant applicable to Consultant. Ua tit'irsa#ion of. 3rttlar Arnt:ror all.A -Contrac#s; 1,the undersigned,certify that the approximate dollar amount ofali A&E contracts awarded by Caltrans or a California local agency to this farm within the last three(3)calendar years for all State DOT and Local Agencies is$ 12S.U00 and the number of states in which the firm dogs business is gDo 11, Certification ore 1,the undersigned,certify to the best of rray kn.owl&lge and belief taint all'direct costs idenfif d'on the cast proposal(s)in this contract are reasonable,allowable and allocabIt to the contract in accordance wrth the cost principles of the FAR of Title 48,CFR,Part 31. Allowable direct costs to a Government contract shall be: Page Y or2 UPP t ilt. January 14 015 APPENDIX E Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR,Chapter 1,Part 172—Administration of Engineering and Dosign Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call conttract), $ Prime Consultants(if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call contract); $ Prime, list all subconsultants and proposed subcontract dollar amounts{attach additional page If necessary): Consultant Certifying(Print Name and Title); Name: Title: Fri_nvRW Consultant Certification Signature Date of Certification(mnVdd/yyyv).- I Consultant Contact Information: E-mail: XU_rQa_q1biqn c� Phone number: §Q5:2;6-27,77 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S-.0 112(b)(2)(P),Subconsultants must comply with the FAR Cost Principles contained in 48 CFP, Part 31. 23 CFR.Parl 17.73 Defimilions state.-Consultant means the individual orfoin providing engineering and design related services as a party to the contract. Therefore,subeonsullants as,parties of a conlracl must compiele a cerlificalion and send originals lo.Ul and keep copies in Local Agoncy Prq#eci Files Distribution* 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 UT. 4S41 January 44,2015 .....------- Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System F,x"11311' 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA-OB 13-0 7-Safe Harbor Indirect Cost Rate for Consultant Contracts found at htlp:llww;v.dot.eiLgovlhqlLocalProgranWDL4_OBIDL, _0.8.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Far Western Anthropological Research Group, Inc.. Indirect Cost Rate: —120.03% Home office/35.72%Field Office * for fiscal period 10/l/2012-9/30/2013 (mm/dd/yyyy to mn�/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: Fresno Countv Contract Number: Project Number: 1,the undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief- 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations (CFR), Part 31. 2, This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial.��.aa e�ment S�stegw�. 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accountingrecords, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: 1,the undersigned,certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies is $5,465,000 and the number of states in which the firm does business is 2. Certification of Direct Costs: 1,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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48,CFR,Part 31. Allowable direct costs to a Government contract shall be; Page I of 2 LPP 15-01 January 14,2015 Local Assistance Procedures,Manual APPENDIX E EXHIBII' 10-K Consultant Certification of Contract Costs and Financial Management System I. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract, 3. Not prohibited by 23 CFR, Chapter 1, Part 172—Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): Prime Consultants(if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call contract): Prime, list all subconsultants and proposed subcontract dollar amounts(attach additional page if necessary). Consultant Certifying(Print Name and Title): Name:—Kelly McGuire Title: CFO ConsultantCertification Signature Date of Certification (mm/dd/yyyy): — 0 40 � Consultant Contact Information: Email: adie@farwestern,com. Phone number: 530-756-3941 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C.,. 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore,subconsultanis as parties oJ'a contract must complete a certification and send originals to A&]and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 LPP 15-01 January 14,2015 Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System EXHIBIT I O-K CONSUI-TANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA-0B 13-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at http://www.dot.ca gov/hq/Loca1Programs/DLA.OBIDLA—OB.htm in lieu of this form) Certification of Final Indirect Costs: Consultant Firm Name: Heim Biological Consulting_ Indirect Cost Rate: 120.00/hour * for fiscal period 10/1/2015 to 9/30/2016 *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: Contract Number: Project Number: 1,the undersigned,certify that I have reviewed-the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations(CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial ManagewenLSystem. 1, the undersigned,certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: 1, the undersigned,certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three (3)calendar years for all State DOT and Local Agencies is$ and the number of states in which the firm does business is—1 Certification of Direct Costs: 1,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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48,CFR, Part 31. Allowable direct costs to a Government contract shall be: Page I of 2 LPP 15-01 January 14,2015 Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System I. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172—Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): $ Prime Consultants(if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts(attach additional page it'necessary): Consultant Certifying(Print Name and Title): Name: Brent Helm Title: Senior Biologist Consultant Certification Signature Date of Certification (mm/dd/yyyy): 10/12/2015 Consultant Contact Information: Email: — bheim69485@gol.com Phone number: 916 952-0308 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related services as aparly to the contract. Therefore,subconsultants as parties of a contract must complete a certification and send originals to A&J and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Prqiect Files Page 2 of 2 LPP 15-01 January 14,2015 APPENDIX E Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Conti-act Costs and Financial Management System ExHIBITIO-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If'requesting to utilize theVafi,Harbor Indirect Cost Rate submit Attachment I of DLA-OB.13-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at htth://www.dot.ca gov/ltq/Locall-rogramsIDLA_OBIDL,4 O .h tm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: JRP Historical Consultiniz, LLC Indirect Cost Rate: 120.91% * for fiscal period 01/01/2014to12/31/2014 (mm/dd/yyyy to mm/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno Contract Number: Project Number: 1,the undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief; I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations(CFR),Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31, All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System:. 1,the undersigned,certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting,accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount or all A&EContracts: 1,the undersigned,certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies is$875,000 and the number of states in which the firm does business is 6 Certification of Direct Costs: 1,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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48,CFR, Part 31. Allowable direct costs to a Government contract shall be: Page I of 2 LPP 15-01 January 14,2015 Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Firinricial Manigeinent Systern 1. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2. Compliant with the terins of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CPR,Chapter 1,Part 172­Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project riles. Subconsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract)- Prime Consultants(if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call -contract): Prime, list all subconsultants and proposed subcontract dollar amounts(attach additional page if necessary): Consultant Certifying(Print Name and Title): Name: Chris RLopher Morns Title: Partner Consultant Certification Signature Date of Certification(rarri/dd/yyyy): Consultant Contact Information: Email: __gWwai r Phone number: 530-757-2521 "An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.&C 112(b)(2)(8).Subconsididno intist comply svith the FAR Cost Principles contahied in 48 CFR.Part 31. 23 CFR Part 172.3 Dglinitions state:Cansidtanioicans the Individual orfim;providing engineering and design related services as a party to rite contract. Therefbee,stibronstiltants as parties of a cowract must complete a certification and send originals to AW and keel)copies by Local Agency Prqjecr Files. Distribution- 1)Original to Caltrans Audits and Investigations 2)Refafiwd it)Local Agency Project Res Page 2 of 2 LPP 15-01 Jantiary 14,2015 APPENDIX E Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I oj' DI-A-OB 13-07-Safe Harbor Indirect Cost mate,for Consultant Contracts foil lid at hitp://www.dol.ca.govlhqlLocalPrograntsIDLA_PBIDLA_OB.htm in lien of this form.) Certification of Final In&rSct C sts: ,9_ Consultant Firm Name: Kleinfelder. Indirect Cost Rate: 197.49% for fiscal period 04101/20)4 to 03/31/2015(mnVdd/yyyy-to mnVdd/yyyy) *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: Fresno County Contract Number: Project Number; 1,the undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief-, 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations(CFR),Part 3 L 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR,Part 3). All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial alai erttent S sts 1, the undersigned,certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting,accounting records,internal and budget control as set forth in the FAR of Title 49,CFR,Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: 1,the undersigned,certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies is$-12 OW.000 and the number of states in which the firm does business is 46—. Certif ication of Direct Costs. 1, 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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48,CFR,Part 31. Allowable direct costs to a Government contract shall be: Page I of 2 LPP 15-01 January 14,2015 APPENDIX E Local A,,i%lstaarce Procedurvs Manual EXHIBIT 10- com l rat cord icatien of Contract c ust_S and Flmanclal M anagemme'tat systvm l. Compliant with Generally Accepted Accounting Principles(C P)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2, Compliant with the terms of the contract and is incurmed specifically for the contract, 3. Not prohibited by 23 CPR,Chapter 1,Part 172—Administration of Engrncerin aand Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs meat be applied consistently and fairly to all contracts, All documentation of compliance must be retained in the project files, `ubconsultan (if applicable) Proposed Contract Aar ount(or amount not to exceed if on-call contract): $ Prime Consultants(if applicable) Proposed Total Contmct Amount(or amp wnt not to exceed if on-caul contract): S Prime,Iist all sub consultants and proposed subcontract dollar amounts(attach additional page if neces ry)> Consultant Certifying(PtintNam!and"title): Name: to n 1 y Title: sident Consultant Certification Signature : ., .: - Date of Certification(rraar/ddlyyyy'): ___A1Y2,0l5 Consultant Contact Information: y , Frrtati c t 1 f Phone number: *An individual executive or financial officer of the consultant's organization at<a level no lower than a Vice President or Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the indirect Cast Rate proposal submitted in conjunction with the contract. Note: Per 23 WKC, I t 2fbX2XH1.Subconsultants must awnply with the FAR Cost principles contained in 48 CFR,Part it. 23 CFR Fart 1723 Definitions stater Consultant ntecans the individual or fim providing engineering and design related servires its a partly to die contract. 'Merefore.strbconsultrtrtts as parties of a contract nttcst complefe a rertifirarion rand send originals to Ac&I curd keep eopies in Loral Agency project Files. Distri Mon, r 1 Original to Caittans Audits and Investigations 2)Roomed in Uval Agency Project Macs Page 2 of 2 UP 15-01 January 14,2015 'Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System EXHIBITIO-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA-OB 13-0 7-Safe Harbor Indirect Cost Rate for Consultant Contracts found at http://www.dot.ca.gov1hq/LocalPrograms1DLA_OB/DLA OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Kuhtz Pape Consulting, LLC, Indirect Cost Rate: $180/hour* for fiscal period 10/l/2015 to 9/30/2016(mm/dd/yyyy to mm/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: Contract Number: Project Number: 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief. I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations (CFR), Part 31. 2, This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation,noted above. Certification of Financial Management System: 1, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: 1, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies is $ and the number of states in which the firm does business is I (one). Certification of Direct Costs: 1,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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page I of 2 LPP 15-01 January 14,2015 L®cal Assistance Procedures Manna] APPENDIX E. EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172—Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): $ Prince Consultants(if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts(attach additional page if necessary): $ Consultant Certifying(Print Name and Title): Name: David Kuhtz (Kuhtz Pape Consulting, LLC.) Title: Founding Partner Consultant Certification Signature Date of Certification(mm/dd/yyyy): 8/2/2015 Consultant Contact Information: Email: david@kuhtzpape.com Phone number: Office 559-426-6181 /Mobile 559-260-9576 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 C:FR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore,subconsultants as parties ofa contract must complete a certification and send originals to A&1 and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in t ocal Agency Project Files Page 2 of 2 LPP 15-01 January 14,2015 Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note. If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of' DLA-OB 13-07-Safe Harbor Indirect Cost Rate far Consultant Contracts found at http.11www.dot.ca.gov/hq/LocalProgranzsll)L,_OB/DLA_OB.htm in lieu of this form) Certification of Final Indirect Costs: Consultant Firm Name: The Wildlife Project Indirect Cost Rate: —__$95.00/hour_ * for fiscal period �10/1/2015 to 9/30/2016 _ *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: Contract Number: Project Number: 1, the undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief l. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations(CFR),Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Man# ement System: 1,the undersigned,certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three (3)calendar years for all State DOT and Local Agencies is $ and the number of states in which the firm does business is 1 Certification of Direct Costs: 1, 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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be: Page 1 of 2 LPP 15-01 January 14,2015 Local Assistance Procedures Manual APPENDIX E EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR,Chapter 1, Part 172—Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): $ Prince Consultants(if applicable) Proposed'Total Contract Amount(or amount not to exceed if on-call contract): $ Prime, list all Subconsultants and proposed subcontract dollar amounts(attach additional page if necessary): Consultant Certifying(Print Name and Title): Name: Jeff Alvarez Title: Permitted Biologist Consultant Certification Signature Date of Certification (mm/dd/yyyy): 1.0/12/2015 Consultant Contact Information: Ernail: Leff sthewildlifeproLect.com Phone number: 209 815-5660 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related services as a party to the contracl. Therefore,Subconsultants as parties of a contract must complete a certification and send originals to A&1 and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 LPP 15-01 January 14,2015 APPENDIX E Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGE,MENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of D1-A-0B 13-07-Safe Harbor Indirect Cost hate for Consultant Contracts found at hap:1/www.dot cmgovlh(IlLoctill,'ro)grtzmsIDLA—OBIDLA-0R.htm in lieu of this form) Certification of Final Indirect Costs: Consultant Firm Name: WRECO Indirect Cost Rate: 135.84% for fiscal period 0 1/0 1/2014 to 12/31/2014,(mm/dd/yyyy to mm/dd/yyyy) *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: Fresno Countv Contract Number: Project Number: 1, the undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48, Code of Federal Regulations(CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership,organization,and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management Syl Lem - 1, the undersigned, certify to the best of my knowledge and belief that Our Financial Management System meets the standards for financial reporting, accounting records,internal and budget control as set forth in the FAR of Title 49,CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: 1, the undersigned,certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies is$-j0M - -- and the number of states in which the firm does business is— I Certification of Direct Costs: 1,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 reasonable,allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR,Part 31. Allowable direct costs to a Government contract shall be: Page I of 2 LPP 15-01 January 14,2015 APPENDIX E Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR,Chapter 1, Part 172—Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project fides. Subconsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): $ Prime Consultants(if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts(attach additional page if necessary): $ Consultant Certifying(Print Name and Title): Name: Han-Bin Liana, Ph.D.. P.E. Title: President Consultant Certification Signature — Date of Certification(mmldd/yyyy): 10/01/2015 Consultant Contact Information: Email: hanbin_liang(cr�,wreco.cam Phone number: (925)941-0017 **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 US.C. 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 1723 Definitions state:Consultant means the individual or firm providing engineering and design related services as a party to the contract, Therefore,subconsultants as parties of a contract must complete a certiflcation and send originals to AM and keep copies in Local Agency Project Files. Dioribution: 1)Original to Cattrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 L PP 15-01 January 14,2015 L (walAssistanceProceduresMaamiai ,APPENDIX F Exhibit 10-S Consultant Performance Evaluation Exhibit 10-S Consultant Performance Evaluation 1.PROJECT DATA 2.CONSULTANT DATA 1 a. Project(include title,location,and Activity/CIP No.) 2a. Consultant Name and Address 1 b. Brief Description of Project(design,study,etc.) 2b. Consultant's Manager lc. Budget Cost for Project: $ 2c. Phone: 3.AGENCY DEPARTMENT/SECTION RESPONSIBLE 3a. Department(include section and division) 3b. Agency Project Manager(name&phone) 4. CONTRACT DATA(Engineering Services) 4a. Contract No.: Termination date: Base Fee: $ Agreement date: Date terminated: Contingency: $ 4b. Amendment $ / # $ J # (Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4c. Change Order$ / # $ / # (Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4d. Total Fee per Agreement(4a.+4b.+4c.) $ Total Fee Paid$ Do not include Contingency Listed in 4a. 4e. Type of 4f. Historical Record of Key Submittal Dates enter date or n/a if not applicable} Services Preliminary 30% 70% 90% 100% Final (Design,study, per A reement etc.) Delivery Date Acceptance Date 4j.Reasons for Change Orders: (Indicate total for each reason 4g.Notice To Proceed (date) Errors/Omissions$ %of Base Fee 0.00% Unforeseen Conditions$ %of Base Fee 0.00% 4h.Number of Days (number) Changed Scope$ %of Base Fee 0.00% Changed Quantities$ %of Base Fee 0.00% 4i. Actual Number of Da s (number Program Task Options$ %of Base Fee 0.00% 5.OVERALL RATING(Complete-Section II on reverse,include comments as appro riate.) Outstanding Above Average Below Poor N/A Average Avery e 5a. Plans/Specifications accuracy 5b. Consistency with budget 5c. lResponsiveness to Agency Staff 5d. Overall Rating 6.AUTHORIZING SIGNATURES 6a.Agency Design Team Leader Date: 6b.Agency Project Manager Date: 6c. Agency Public Works Manager Date: 6d. Consultant Representative Date: See Reverse Side Page 1 of 2 LPP 13-01 May 8,2013 Local Assistance Procedures Manual APPENDIX F Exhibit10-S Consultant Performance Evaluation PLANS/SPECIFICATIONS Outstanding Above Avg, Below Poor N/A Responsiveness Outstanding Above Avg. Below Poor N/A ACCURACY Avg. Avg. To Staff Avg. Avg. Plans Specifications Timely Responses clear and concise Plans/Specs Attitude toward Client and Coordination review bodies Plans/Specs Follows directions and properly formatted Chain of responsibility Code Requirements Work product delivered covered on time Adhered to Agency Timeliness in notifying Standard Drawings/Specs Agency of major problems Drawings reflect Resolution of held existing conditions Problems As-Built Drawings Consistency with budget Quality Design Reasonable Agreement negotiation Change Orders due to design Adherence to fee schedule deficiencies are minimized Adherence to project Budget Section III EXPLANATIONS AND SUPPLEMENTAL INFORMATION (Attach additional documentation as needed) Item Item Item Item Item Item "Indicates supporting documentation attached. Page 2 of 2 LPP 13-01 May 8,2013 APPENDIX Local Assistance Procedures Manual EXHIBIT 12-L' DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS,PART 29 The bidder,under penalty of perjury, certifies that,except as noted below,he/she or any other person associated therewith in the capacity of owner,partner,director,officer, and manager: • Is not currently under suspension,debarment,voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending;and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award,but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency,and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. AFFLNUIA H File U15123 February 23, 1999 Resolutioa #99-086 1 BEFORE THE BOARD OF SUPERVISORS 2 OF THE COUNW OF FRESNO 3 STATE OF CALIFORNIA 4 T In the matter of 5 Adoption of Standard Conflict of Interest Resolution #99-086 6 Code for All County Departments. 7 8 Whereas, the Political Reform Act, Govemment Code section 81000 et seq., 9 requires state and local government agencies to adopt and promulgate conflict of Interest lo codes; and 11 Whereas, the Fair Political Practices Commission has.adopted a regulation, 2 12 California Code of Regulations section 18730, which contains the terms of a standard 13 conflict of Interest code, and which may be amended by the Fair Political Practices Commission after public notices and hearings to conform to amendments to the Political 14 15 Refa rrn Act; and 16 Whereas, any local agency may Incorporate this standard conflict of interest code, and thereafter need not amend the text of its code to conform to future amendments to the 17 Political Reform Act or Its regulations; and 18 Whereas, the Board of Supervisors Is the code reviewing body for all County 19 departments except courts; and 20 Whereas,, the Board of Supervisors may adopt the standard.conflict of interest 21 code on behalf of all County departments. 22- Now therefore be it resolved,that the terms of 2 California Code of Regulations 23 section 18730, and any amendments to it duly adopted by the Fair Political Practices 24 Commission, are hereby incorporated by reference and, along with the Exhibits A and B 25 approved previously,today, or In the future, by this Board for each County department, In 26 which officers and employees are designated and disclosure categories are set forth, 27 28 1AFrtNU1X H constitute the conflict of interest codes of each County department except courts. 2 Conflict of Interest forms shall be filed as follows: 3 1, As required by Government Code Section 87500, subdivision (a), the 4 County Administrative Officer, District Attorney, County Counsel, and Auditor- 5 Controller/Treasurer-Tax Collector shall file one original of their statements with the County 6 Clerk, who shall make and retain copies and forward the originals to the Fair Polltiral 7 Practices Commission, which shall be the filing officer. The County Administrative Officer, 8 District Attorney, County Counsel, and Auditor-Controller/Treasurer-Tax Collector shall also 9 file one copy of their statements wRh the Clark to the Board of Supervisors. 10 2. As required by Government Code section 87500, subdivision 0), all other 11 department heads shall file one original of their statements with their departments. The filing 12 officer of each department shall make and retain a copy of the department head's statement 13 and shall forward the original to the Clerk to the Board of Supervisors, 14 3. All other designated employees shall file one original of their statements with 15 their departments. 1.6 All statements shall be public records and shall be made available for public inspection and reproduction. (Gov. Code, § 81008.) 17 Adopted at a regular meeting of the Board of Supervisors, held on the 23rd day 18 of February —, 19 99 by the-following vote, to wit 19 20 Ayes: StiperviSDrS K01igian, Case, Atambula, 01ten, Levy 21 Noes-, None 22 Absent: None 23 C B 0 AR D 24 ATTEST: 414, BDA RS SHARI GRMIS100D, CUBIC 25 BOARD OF supERvIsORS. 26 yh 27 By epu 28 File #15123 Agenda #28 Rasolution #99-086 2 APPENDIX H EXHIBIT "A" PUBLIC WORKS AND PLANNING Classification gi!12. o Accountant I / 11 2 Architect 1 Assistant Real Property Agent 1 Associate Real Property Agent 1 Building Inspector I / 11 Building Plans Engineer Capital Projects Division Manager 1 Chief Building Inspector Chief of Field Surveys Community Development Manager 1 Consultant Deputy Director of Planning 1 Deputy Director of Public Works 1 Development Services Manager 1 Director of Public Works and Planning 1 Disposal Site Supervisor 2 Engineer I / 11 / 111 1 Field Survey Supervisor 3 Housing Rehabilitation Specialist I / 11 1 Information Technology Analyst I / 11 / III IV 2 Planner I / 11 / 111 1 Principal Accountant I Principal Engineer 1 Principal Planner 1 Principal Staff Analyst I Public Works and Planning Business Manager 1 Public Works Division Engineer 1 Resources Manager 1 Road Maintenance Supervisor 2, 3 Road Superintendent 1 Senior Accountant 2 Senior Economic Development Analyst 1 Senior Engineer I Senior Engineering Technician 2 Senior Geologist 1 Senior Information Technology Analyst 2 Senior Planner 1 SeRiOF Rea4-P-ropeF1.,,,I A'ge,-t APPENDIX H Classification Cate Senior Staff Analyst Senior Systems and Procedures Analyst 2 Staff Analyst I 111 / 111 1 Supervising Accountant 2, 3 Supervising Building Inspector 1 Supervising Engineer 1 Supervising Water/Wastewater Specialist 2, 3 Systems and Procedures Analyst I / 11 / 111 2 Systems and Procedures Manager 2 Traffic Maintenance" Supervisor 2 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. HF'F LNUIX h EXHIBIT 11311 PUBLIC WORKS AND P'LANl ING i. Persons in this category must disclose all investments, interests In real property and income, and business positions. Financial interests 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 jiirlsdictidn at any-thnb during the trio ydar"s'pridr"td-thi§flung ofthb state'nient Rdai property shall be deemed to be within the "jurisdiction" of the County If 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 investments in, income from, and business positions with any business entity which,within the last two years, has contracted or in the future may forseeably contract with Fresno County through Its 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 servicas, supplies, materials, machinery, or equipment to the County. 3. Persons in the category shall disclose all interests In real property within the jurisdiction. Real Property shall be deemed to be within the jurisdiction if the property or any part of It Is located within or not more than two miles outside the boundaries of Fresno County (including Its incorporated cities) or within two mile of any land owned or operated by the County. APPENDIX I EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application ® a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year_ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier if known Congressional District,if known Congressional District,if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: 10. Name and Address of Lobby Entity 11.Individuals Performing Services (including (If individual,last name,first name,MI) address if different from No. 1 Oa) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply) $ ® actual planned a. retainer b. one-time fee 13. Form of Payment(check all that apply): c. commission a. cash d. contingent fee b, in-kind;specify:nature e deferred Value f. other,specify 15. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Continuation Sheet(s)if necessary) 16. Continuation Sheet(s)attached: Yes1:1 No 17.Information requested through this form is authorized by Title 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or �— entered into. This disclosure is required pursuant to 31 U.S.C. print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$I0,000 and not more than $100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.04-28-06 Distribution: Orig-Local Agency Project Files APPENDIX I INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVTI'IES This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts,subgrants,and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of the prime federal recipient. Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g.,Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial(MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity (Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other,specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 16. Check whether or not a continuation sheet(s)is attached. 17. The certifying official shall sign and date the form,and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503.SF- LLL-Instructions Rev.06-04 APPENDIX J SELF-DEALING I DISCLOSURE (1) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a) (5) Authorized Signature Signature: Date: APPENDIX J SELF-DEALING TRANSACTION ISCIL SURE FORM INSTRUCTIONS In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing the disclosure form. (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Codes. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).