HomeMy WebLinkAboutAgreement A-16-044 with Technicon Engineering Services Inc. Geotechnical.pdf Agreement No. 16-044
15-1928 GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 THIS AGREEMENT is made and entered into thisaa*day of 20L6
2 between the County of Fresno, a political subdivision of the State of California, (hereinafter
3 called "COUNTY"), and Technicon Engineering Services, Inc., a California corporation,
4 located at 4539 N. Brawley Avenue, Suite 108, Fresno, CA 93722 (hereinafter called
5 "CONSULTANT").
6 WITNESSETH :
7 WHEREAS, the COUNTY desires to retain a CONSULTANT Architect to assist the
8 COUNTY Capital Projects Division Manager or his/her designated Project Manager in
9 completing various projects and advanced planning for future projects in the COUNTY's
10 Capital Improvement Programs and other COUNTY projects; and
11 WHEREAS, consistent with COUNTY Ordinance Code Chapter 4.10 and the Board of
12 Supervisors' adopted Policy governing the selection of architects, engineers, and other
13 professionals, a selection committee selected said CONSULTANT to provide the COUNTY
14 with Geotechnical Engineering services for said projects; and
15 WHEREAS, the COUNTY Capital Projects Division Manager or his/her designated
16 Project Manager shall administer this Agreement; and
17 WHEREAS, the professional Geotechnical Engineering services of the CONSULTANT
18 may be utilized by the Department of Public Works and Planning and other COUNTY
19 Departments; and
20 WHEREAS, staffing levels of COUNTY personnel may not be sufficient to perform
21 Geotechnical Engineering services for all projects, and
22 WHEREAS, said CONSULTANT represents that it is qualified and willing to perform
23 Geotechnical Engineering services.
24 NOW, THEREFORE,the parties hereto have and by these presents do agree as follows:
25 I. CONTRACTING OF CONSULTANT: BASIC PARAMETERS
26 A. The COUNTY hereby contracts with the CONSULTANT as an independent
27 contractor to provide Geotechnical Engineering services as described in Article II and
28 enumerated in Article III herein.
Page 1 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 B. The CONSULTANT's services shall be performed as expeditiously as is
2 consistent with professional skill and the orderly progress of the work, based on project
3 schedules prepared by the COUNTY Capital Projects Division Manager or his/her designated
4 Project Manager.
5 C. The CONSULTANT shall notify the COUNTY of the names and classifications
6 of employees assigned to a project, and shall not change such assignments without prior
7 notification to and approval by COUNTY.
8 D. If requested by the COUNTY, the CONSULTANT shall retain qualified
9 subconsultant(s) to assist in completing the work. All subconsultants used by the
10 CONSULTANT shall be approved by the COUNTY before they are retained by the
11 CONSULTANT, which approval shall not be unreasonably withheld. Should CONSULTANT
12 retain subconsultants, the maximum Total Fee compensation that may be paid to
13 CONSULTANT hereunder, as specified in Article V below, shall not be increased.
14 E. The CONSULTANT shall not submit bids, or sub-bids, for the contract
15 construction phase of any project for which CONSULTANT provides services hereunder. The
16 CONSULTANT, and all other service providers, shall not provide any project related services
17 for, or receive any project related compensation from any construction contractor, subcontractor
18 or service provider awarded a construction contract for all or any portion of any project for
19 which CONSULTANT provides services hereunder. The CONSULTANT, and all other service
20 providers, may provide services for, and receive compensation from a construction contractor,
21 subcontractor or service provider who has been awarded a construction contract for all or any
22 portion of such a project, provided that such services are provided for, and compensation
23 received for, work outside the scope of this Agreement.
24 The contact person(s) for the CONSULTANT shall be:
25 Name: Darren G. Williams. RCE Position President/CEO
26 Telephone: (559) 276-9311 Fax: (559)276-9344
27 E-Mail: darrenw@technicon.net Web: www.technicon.net
28 !/!
Page 2 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 II. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT:
2 A. The work covered by this Agreement is for all or a portion of the services
3 enumerated under Article III for various projects on an as needed basis. The CONSULTANT
4 agrees to provide the professional services that are necessary for each project when expressly
5 authorized in writing by the Capital Projects Division Manager or his/her designated Project
6 Manager. Such work by CONSULTANT shall not begin until CONSULTANT has received a
7 written Notice to Proceed from COUNTY authorizing the necessary project services, the agreed
8 upon not-to-exceed fee for the project in accordance with the approved hourly fee schedule
9 (Exhibit A, attached) and scope of work. All submittals of documents associated with the
10 project by the CONSULTANT will be made in both hard copy and electronic format.
11 B. Throughout the term of this Agreement, the CONSULTANT shall collaborate and
12 partner with the COUNTY and other Project participants in the interest of maintaining the
13 Project budget and schedule and minimizing claims. Partnering may be instituted during design
14 and/or during construction phases. The scope of the project will determine the level of
15 partnering to be implemented. Sessions shall be attended by all associated project and executive
16 level staff requested by COUNTY, at no additional cost to COUNTY. All sessions are to be
17 conducted at the Fresno County Plaza Building, 2220 Tulare Street, Fresno, California 93721,
18 although the location of any session(s) is subject to change upon notice by COUNTY.
19 III. CONSULTANT'S SERVICES:
20 The CONSULTANT shall for each project:
21 A. Take direction from COUNTY staff concerning the project's parameters.
22 COUNTY shall provide CONSULTANT with instructions, or may rely on CONSULTANT's
23 professional judgement and experience to define testing and sampling methods and procedures,
24 accuracy standards and equipment required. Tasks assigned to the CONSULTANT may
25 include, but are not limited to:
26 1. Foundation testing and inspections
27 a. spread, drilled prier and shaft foundations
28 b. driven pile foundations
Page 3 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 C. subsurface footings
2 2. Earthwork observations
3 b. subgrade preparation
4 C. site preparation and fill placement
5 3. Soils and compaction testing
6 a. test borings
7 b. soil bearing values
8 C. anticipated settlements
9 d. lateral earth pressures
10 e. slope stability
11 f. deep foundation design parameters including vertical load capacity and
12 lateral movement
13 g. ground corrosion and resistivity
14 4. Hot mix asphalt, concrete, and masonry sampling,testing and inspections
15 a. ingredients and mix design
16 b. checking of production equipment and procedures
17 C. placement, curing and hardened specimens
18 d. laboratory testing of materials
19 5. Steel inspections and testing services
20 a. determination of physical and chemical properties
21 b. welding procedures
22 C. nondestructive testing
23 d. tests of paints for use on steel structures
24 e. cutting and bending of reinforcing bars
25 6. Perform water, water well and on-site sewage disposal systems inspections,
26 testing and analysis.
27 7. Prepare reports, recommendations and feasibility studies, and provide technical
28 review.
Page 4 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 B. Verify that tests are conducted in accordance with American Society for Testing
2 and Materials (ASTM), California Department of Transportation (Caltrans) and/or other
3 COUNTY approved testing methods.
4 C. Maintain certification of its testing lab in the test methods applicable to the
5 service being performed by the American Association of State Highway and Transportation
6 Officials (AASHTO) Materials Reference Laboratory (AMRL). Certification by the California
7 Division of the State Architect (DSA) is a desired qualification.
8 D. If required for the construction of a project, propose and submit a recommended
9 testing and inspection list for materials identifying type, quantity, frequency, schedule, and cost
10 estimate of tests to be performed during construction.
11 E. Upon completion of the project, obtain from the Construction Contractor
12 ("Contractor") all information necessary to document all changes made to the project, proceed
13 to transfer the Contractor's record drawing changes onto the CONSULTANT's original
14 drawings or .003" mylar (matte one or both sides) reproducibles of the original drawings. The
15 complete record drawing set shall remain at all times the property of the COUNTY. Changes
16 shall be identified by cloud markings and shall identify date of change and its source, such as
17 from addenda, change order, or clarification.
18 IV. COUNTY'S OBLIGATIONS:
19 The COUNTY will, for each project:
20 A. Compensate the CONSULTANT as provided in this Agreement.
21 B. Provide a "COUNTY Representative" who will represent the COUNTY and who
22 will coordinate with the CONSULTANT as appropriate to facilitate CONSULTANT'S
23 performance of its obligations under this Agreement. The COUNTY Representative will be the
24 Capital Projects Division Manager or his/her designated representative through award of the
25 construction contract and the COUNTY Construction Engineer after award of the construction
26 contract through completion of the project by the Contractor. The CONSULTANT shall
27 communicate and coordinate with the COUNTY Representative who will provide the following
28 services as appropriate for each project:
Page 5 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 1. Provide basic design layouts and drawing layouts as may be required for each
2 project unless otherwise agreed by the COUNTY and the CONSULTANT.
3 2. Prepare the title sheet for each project's plans unless otherwise agreed by the
4 COUNTY and the CONSULTANT.
5 3. Loan or provide copies of any available building plans to the CONSULTANT.
6 4. Examine documents submitted to the COUNTY by the CONSULTANT and
7 timely render decisions pertaining thereto.
8 5. Provide communication between the CONSULTANT and COUNTY officials
9 and commissions (including user Department).
10 C. Give reasonably prompt consideration to all matters submitted by the
11 CONSULTANT for approval to the end that there will be no substantial delays in the
12 CONSULTANT's program of work. Any approval, authorization or request to the
13 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms of
14 this Agreement only if it is made in writing and signed on behalf of the COUNTY by the
15 COUNTY Representative or his/her designee.
16 V. COMPENSATION:
17 A. Total Fee:
18 1. Notwithstanding any other provisions in this Agreement, the Total Fee for the
19 services required under this Agreement shall not exceed a total amount of five hundred
20 thousand dollars ($500,000) over the entire term of this Agreement, which shall be computed at
21 the hourly and cost rates shown in Exhibit A, attached hereto and incorporated herein, and not
22 to exceed agreed maximums for each phase of each project.
23 2. The rates listed herein are to remain in effect for the duration of this Agreement.
24 Rates may be renegotiated annually after the first anniversary from the date of execution of this
25 Agreement at CONSULTANT's request. CONSULTANT's request for annual rate adjustments
26 may not exceed the Engineering News Record's Construction Cost Index or the California
27 Consumer Price Index as published by the California Department of Industrial Relations for the
28 year, whichever is lower.
Page 6 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 B. Basic Fee:
2 1. Within the Total Fee amount of five hundred thousand dollars ($500,000) over
3 the entire term of this Agreement, the Basic Fee for each project shall be as mutually agreed to
4 in writing between CONSULTANT and Capital Projects Division Manager or his/her
5 designated representative.
6 2. All expenses incidental to CONSULTANT's performance of services under
7 Article III of this Agreement shall be borne by CONSULTANT. Incidental expenses include,
8 but may not be limited to, transportation and travel, postage and courier services, photo and
9 duplicating services, telephone and facsimile charges, computer storage media, drawing and
10 plotting media, printing of"check print" plans and plan sets and documents specifically required
11 by the provisions of Article III of this Agreement.
12 3. CONSULTANT shall not add markup percentages or costs to subconsultant's
13 costs or incidental costs unless expressly authorized in writing by the COUNTY.
14 a. If the CONSULTANT becomes aware of potential unforeseen expenses that
15 would not be covered by the Basic Fee agreed to for a project, CONSULTANT shall inform the
16 COUNTY in writing of the extent and nature of such expenses or services. Upon mutual
17 agreement of the CONSULTANT and the COUNTY Representative, the scope of work and
18 agreed fee for a project may be amended in writing to cover such unforeseen expense or cost.
19 C. Payments:
20 1. Progress payments will be made by the COUNTY upon receipt of the
21 CONSULTANT's monthly invoices and approval by COUNTY thereof based on the
22 COUNTY's evaluation of the completion of the respective components of the project(s).
23 Invoices shall clearly identify the specific project, the phase of the project, the percent of the
24 work completed, agreed maximum fee, and description of the work performed, and shall be
25 submitted with the documentation identified in paragraph V.C.5 below. CONSULTANT shall
26 submit separate invoices for each phase of each project for work being performed under this
27 contract. Invoices shall be forwarded to:
28
Page 7 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 Stuart G. Seiden, Division Manager
2 Capital Projects Division
3 Fresno County Public Works & Planning Department
4 2220 Tulare Street, Suite 610
5 Fresno, CA 93721-2104
6 2. Upon receipt of a proper invoice, the COUNTY Department of Public Works &
7 Planning will take a maximum of five (5) working days to review, approve, and submit it to the
8 COUNTY Auditor-Controller / Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
9 will be returned to the CONSULTANT for correction and resubmittal. Payment, less retention,
10 will be issued to CONSULTANT within forty (40) calendar days of the date the Auditor-
II Controller/Treasurer-Tax Collector receives the approved invoice.
12 3. COUNTY is entitled to and shall withhold a five percent (5%) retention from the
13 earned compensation in accordance with the provisions of Article VII of this Agreement.
14 4. An unresolved dispute over a possible negligent error or omission may cause
15 payment of CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
16 5. Concurrently with the invoices, the CONSULTANT shall provide on COUNTY
17 request, pre-approved documentation, that complete payment, less a five percent(5%) retention,
18 has been made by CONSULTANT to all subconsultants as provided herein for all previous
19 invoices paid by the COUNTY. However, the parties do not intend that the foregoing creates in
20 any subconsultant or subcontractor a third party beneficiary status or third party beneficiary
21 rights, and expressly disclaim any such status or rights.
22 6. Final invoice, and separate invoice for retentions, shall be submitted to
23 COUNTY no later than thirty (30) days after a specific project is completed. Payment for
24 retentions for each project shall not be made until all services are completed for that project in
25 accordance with the provisions of Article III.
26 7. In the event the COUNTY reduces the scope of a specific project, the
27 CONSULTANT will be compensated on an hourly basis, not to exceed the agreed maximum for
28 that authorized phase, for actual work completed and accepted by the COUNTY in accordance
Page 8 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 with the terms of this Agreement.
2 VI. COMPENSATION RECORDS:
3 The CONSULTANT shall keep complete records for the period of time referenced in
4 Article VIII.C, showing the hours and description of activities performed by each person who
5 works on the project and all associated costs or charges applicable to work covered by the basic
6 fee. The CONSULTANT will be responsible for all subconsultants keeping similar records.
7 VII. RETENTION FROM EARNED COMPENSATION:
8 The COUNTY is entitled to and may withhold a five percent (5%) retention from the
9 earned compensation of the CONSULTANT separately for each project. Such retention from
10 earned compensation may, at the COUNTY'S option, be applied to all phases of the consultant
11 services of a project to be provided under this Agreement, including those phases completed.
12 VIII. AUDITS,ACCOUNTING AND INSPECTIONS ACCESS:
13 A. The CONSULTANT shall establish accounting and bookkeeping practices
14 including, but not limited to, employee time cards, payrolls, and other records of transactions
15 including those to be paid from State Grant and Federal Grant funds in accordance with the
16 performance of this Agreement.
17 B. The CONSULTANT shall at any time during regular business hours, and as often as
18 the COUNTY may deem necessary, make available for examination by the Comptroller General
19 of the United States, United States Department of Housing and Urban Development (HUD),
20 State of California or the COUNTY Auditor-Controller / Treasurer-Tax Collector, or their
21 authorized representatives, all of CONSULTANT'S records and data with respect to matters
22 covered by this Agreement. The CONSULTANT shall permit Federal, State, or COUNTY
23 authorities to audit and inspect all invoices, materials, payrolls, records of personnel, conditions
24 of employment, and other data relating to matters covered by this Agreement.
25 C. The CONSULTANT shall be subject to the examination and audit of the Auditor
26 General for a period of three (3) years after final payment under this Agreement (Government
27 Code Section 8546.7).
28
Page 9 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 IX. ERRORS OR OMISSION CLAIMS AND DISPUTES:
2 A. Definitions:
3 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
4 professional services, acting as a business entity (owner, partnership, corporation,joint venture
5 or other business association) in accordance with the terms of an Agreement with the
6 COUNTY.
7 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of
8 right, adjustment or interpretation of contract terms, payment of money, extension of time,
9 change orders, or other relief with respect to the terms of the contract. The term "Claim" also
10 includes other disputes and matters in question between the COUNTY and CONSULTANT
11 arising out of or relating to the contract. Claims must be made by written notice. The
12 provisions of Government Code Section 901, et seq., shall apply to every claim made to
13 COUNTY. The responsibility to substantiate claims shall rest with the party making the claim.
14 The term "Claim" also includes any allegation of a negligent error or omission by the
15 CONSULTANT.
16 B. In the spirit of cooperation between the COUNTY and CONSULTANT, the
17 following procedures are established in the event of any claim or dispute by COUNTY or
18 CONSULTANT alleging a negligent error, act, or omission.
19 1. Claims, disputes or other matters in question between the parties, arising out of
20 or relating to this Agreement, shall not be subject to arbitration, but shall be subject to the
21 following procedures.
22 2. The Capital Projects Division Manager or his/her designated representative of
23 and CONSULTANT shall meet and confer and attempt to reach agreement on any dispute,
24 including what damages have occurred, the measure of damages and what proportion of
25 damages, if any, shall be paid by either party. The parties agree to consult and consider the use
26 of mediation or other form of dispute resolution prior to resorting to litigation.
27 3. If the COUNTY and CONSULTANT cannot reach agreement under the
28 immediately preceding paragraph IX.B.2, the disputed issues may, upon concurrence by all
Page 10 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 parties, be submitted to a panel of three (3) for a recommended resolution. The
2 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the third
3 member shall be selected by the other two panel members. The discovery rights provided by
4 California Code of Civil Procedure for civil proceedings shall be available and enforceable to
5 resolve the disputed issues. Either party requesting this dispute resolution process shall, when
6 invoking the rights to this panel, give to the other party a notice describing the claims, disputes
7 and other matters in question. Prior to twenty (20) days before the initial meeting of the panel,
8 both.parties shall submit all documents such party intends to rely upon to resolve such dispute.
9 If it is determined by the panel that any party has relied on such documentation, but has failed to
10 previously submit such documentation on a timely basis to the other party, the other party shall
11 be entitled to a twenty (20) -day continuance of such initial meeting of the panel. The decision
12 by the panel is not a condition precedent to arbitration, mediation or litigation.
13 4. Upon receipt of the panel's recommended resolution of the dispute issues, the
14 COUNTY and the CONSULTANT shall again meet and confer and attempt to reach agreement.
15 If the parties still are unable to reach agreement, each party shall have recourse to all
16 appropriate legal and equitable remedies.
17 C. The procedures to be followed in the resolution of claims and disputes may be
18 modified at any time by mutual agreement of the parties hereto.
19 D. The CONSULTANT shall continue to perform its obligations under this Agreement
20 pending resolution of any dispute, and the COUNTY shall continue to make payments of all
21 undisputed amounts due under this Agreement.
22 E. When a claim by either party has been made alleging the CONSULTANT's
23 negligent error, act, or omission, the COUNTY Capital Projects Division Manager or his/her
24 designated representative and the CONSULTANT shall meet and confer within twenty-one (21)
25 days after the written notice of the claim has been provided.
26 X. JOINDER OF PARTIES:
27 The CONSULTANT, the CONSULTANT's consultants of any tier, subcontractors of
28 any tier, suppliers and construction lenders shall all be bound by the dispute resolution
Page 11 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 provisions of this Agreement, and immediately upon demand of COUNTY or CONSULTANT,
2 shall participate in and shall become parties to the dispute resolution process, provided they
3 have signed any document that incorporates or refers to the dispute resolution provisions of this
4 Agreement. Failure of CONSULTANT, whether intended or inadvertent, to ensure that such
5 nonparties have signed such a document shall inure only to CONSULTANT's detriment, if any
6 there be. COUNTY shall not suffer a detriment by CONSULTANT's action or inaction in this
7 regard. If such a party after due notice fails to appear at and participate in the dispute resolution
8 proceedings, the panel established in accordance with the provisions of paragraph IX.B.3 shall
9 make a decision based on evidence introduced by the party or parties who do participate.
10 XI. CONSULTANT'S OBLIGATIONS RELATING TO CONSTRUCTION CLAIMS:
11 A. The CONSULTANT will review and analyze construction contract claims and
12 recommend resolution of them as soon as possible following receipt of demand by COUNTY.
13 B. Within a reasonable time after receipt of a claim, the CONSULTANT shall
14 provide a written analysis of the claim to the COUNTY, signed by the CONSULTANT and any
15 affected subconsultants. The written analysis shall include the CONSULTANT's professional
16 opinion of the responsibility for payment of the claim, with supporting facts and documentation.
17 A copy of the written analysis shall be provided to the respective insurance adjusters for
18 CONSULTANT and any affected subconsultant.
19 C. Upon receipt of a claim, the CONSULTANT may also take one (1) or more of the
20 following actions, within ten(10) days of receipt of a claim:
21 1. Request additional supporting data from the claimant, requiring that such data be
22 supplied within ten(10) days of the request;
23 2. Submit a schedule to the parties indicating when the CONSULTANT expects to
24 respond to the claim, which schedule shall not exceed thirty (30) days from CONSULTANT's
25 original receipt of the claim;
26 3. Recommend rejection of the claim in whole or in part, stating the reasons for
27 such rejection;
28 4. Recommend approval of the claim by the other party, or
Page 12 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 5. Suggest a compromise.
2 D. In every case, CONSULTANT shall provide its recommended resolution of a claim
3 within thirty (30) days from the original receipt of claim, unless the CONSULTANT obtains
4 COUNTY's prior written approval.
5 XII. INDEPENDENT CONTRACTOR:
6 A. In performance of the work, duties, and obligations assumed by CONSULTANT
7 under this Agreement, it is mutually understood and agreed that CONSULTANT, including any
8 and all of CONSULTANT's officers, agents and employees, will at all times be acting and
9 performing as an independent contractor, and shall act in an independent capacity and not as an
10 officer, agent, servant, employee, joint venturer, partner or associate of the COUNTY.
11 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
12 method by which CONSULTANT shall perform its work and function. However, COUNTY
13 shall retain the right to administer this Agreement so as to verify that CONSULTANT is
14 performing its obligations in accordance with the terms and conditions thereof.
15 CONSULTANT and COUNTY shall comply with all applicable provisions of law and the rules
16 and regulations, if any, of governmental authorities having jurisdiction over matters the subject
17 thereof.
18 B. Because of its status as an independent contractor, CONSULTANT shall have
19 absolutely no right to employment rights and benefits available to COUNTY employees.
20 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of its
21 employees all legally required employee benefits. In addition, CONSULTANT shall be solely
22 responsible and save COUNTY harmless from all matters relating to payment of
23 CONSULTANT's employees, including compliance with Social Security, withholding, and all
24 other regulations governing such matters. It is acknowledged that during the term of this
25 Agreement CONSULTANT may be providing services to others unrelated to the COUNTY or
26 to this Agreement.
27 XIII. PARTIES BOUND BY AGREEMENT:
28 This Agreement shall be binding upon the COUNTY, the CONSULTANT, and their
Page 13 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 respective successors in interest, legal representatives, executors, administrators, and assigns
2 with respect to all covenants as set forth herein.
3 XIV. REQUIRED APPROVALS:
4 It is understood that the CONSULTANT shall not assign, sublet, subcontract, or transfer
5 any of CONSULTANT's rights, duties, or obligations under this Agreement, without the prior
6 express, written consent of the COUNTY. Such consent and approval may be given only by the
7 COUNTY Board of Supervisors.
8 XV. COMPLIANCE WITH LAWS:
9 A. CONSULTANT shall comply with all Federal, State, and local laws, ordinances,
10 regulations, and Fresno County Charter Provisions in effect at the time of CONSULTANT's
11 performance of the professional services to be provided hereunder. This includes payment of
12 prevailing wages for any covered work performed by consultant's employees hereunder on any
13 public works project as required by the provisions of the California Labor Code, and may also
14 include compliance with any payroll reporting requirements thereunder if expressly identified in
15 either a Request for Proposal or a Notice to Proceed sent by COUNTY to CONSULTANT
16 requesting professional services hereunder for a specific project.
17 B. CONSULTANT shall submit a current version of its Illness and Injury Prevention
18 Plan (IIPP), applicable safety programs and contact information for the CONSULTANT's
19 responsible person for these programs to the COUNTY Representative at the time this
20 Agreement is signed by the CONSULTANT. Throughout the term of this Agreement,
21 Consultant shall provide updates to the safety plans and programs to the COUNTY
22 Representative as they are implemented.
23 XVI. GOVERNING LAW:
24 A. Any controversy or claim arising out of or relating to this Agreement which cannot
25 be amicably settled without court action shall be litigated either in a State court for Fresno
26 County, California, or in the U.S. District Court for the Eastern District of California, located in
27 Fresno County.
28 B. The rights and obligations of the parties and all interpretations and performance of
Page 14 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 this Agreement shall be governed in all respects by the laws of the State of California.
2 XVII. AMENDMENTS:
3 Any changes to this Agreement requested either by the COUNTY or CONSULTANT
4 may only be effected if mutually agreed upon in writing by duly authorized representatives of
5 the parties hereto. This Agreement shall not be modified or amended, nor shall any rights of a
6 party hereto be waived, except by such in writing.
7 XVIII.CONSULTANT'S LEGAL AUTHORITY:
8 A. Each individual executing this Agreement on behalf of CONSULTANT hereby
9 covenants, warrants, and represents:
10 1. That he or she is duly authorized to execute and deliver this Agreement on behalf
11 of such corporation in accordance with a duly adopted resolution of the corporation's board of
12 directors and in accordance with such corporation's articles of incorporation or charter and
13 bylaws;
14 2. That this Agreement is binding upon such corporation; and
15 3. That CONSULTANT is a duly organized and legally existing corporation in
16 good standing in the State of California.
17 XIX. HOLD HARMLESS:
18 A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers,
19 agents, and employees, against the payment of any and all costs and expenses (including
20 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily
21 and personal injury to or death of any person or for loss of any property resulting from or
22 arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT, its
23 officers, agents, and employees, in performing or failing to perform any work, services, or
24 functions under this Agreement.
25 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate in
26 the defense of any claim, suit, or other action alleging liability, arising from the performance or
27 failure to perform of any COUNTY construction contractor or subcontractor in connection with
28 any project for which CONSULTANT has been retained under Article III above. Such
Page 15 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 cooperation may include an agreement to prepare and present a cooperative defense after
2 consultation with CONSULTANT's professional liability insurance carrier.
3 XX. LIABILITY INSURANCE:
4 A. Prior to commencing the duties under the Agreement with the COUNTY, the
5 CONSULTANT shall furnish the COUNTY, at no additional cost to the COUNTY, certificates
6 for the following insurance policies which shall be kept in force during the term of the
7 Agreement (i.e., until the Agreement is terminated or it expires), and for such additional time as
8 may be specified herein with respect to a particular type of policy.
9 1. Commercial General Liability Insurance or Comprehensive General Liability
10 Insurance, naming the COUNTY as an additional insured, with limits of not less than one
11 million dollars ($1,000,000) per occurrence, with an annual aggregate of not less than two
12 million dollars ($2,000,000).
13 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of
14 not less than two hundred fifty thousand dollars ($250,000) per person, five hundred thousand
15 dollars ($500,000) per accident and for property damages of not less than fifty thousand dollars
16 ($50,000), or such coverage with a combined single limit of five hundred thousand dollars
17 ($500,000).
18 3. Worker's Compensation insurance policy as required by the California Labor
19 Code.
20 4. Professional Liability Insurance:
21 a. Professional Liability Insurance with limits of not less than one million
22 dollars ($1,000,000) per occurrence, three million dollars ($3,000,000) annual aggregate, and
23 with a deductible not to exceed fifty thousand dollars ($50,000). A deductible greater than fifty
24 thousand dollars ($50,000) will be acceptable to the COUNTY receiving satisfactory, certified
25 information of the CONSULTANT's ability to support such a deductible. The financial ability
26 to support the difference between fifty thousand dollars ($50,000) and the greater deductible
27 amount requested by the CONSULTANT shall be guaranteed by any of the following:
28 1). Cash deposit with a trustee bank.
Page 16 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 2). Irrevocable letter of credit issued by a bank for the same time period as
2 specifically referenced in subparagraph XX.A.4.c herein.
3 3). Withholding payment under terms of the Agreement for the same time
4 period as specifically referenced in subparagraph XX.A.4.c. herein.
5 b. CONSULTANT and subconsultants shall make full disclosure, in writing to
6 the COUNTY, of all pending and open claims and disputes during the course of this Agreement
7 that affect the specified aggregate limits of the Professional Liability Insurance policy.
8 c. Professional Liability Insurance shall be kept in force for a minimum of two
9 (2) years past the date of final payment to CONSULTANT, and including the full and final
10 resolution of all claims, disputes, and matters in question regarding the project.
11 d. In the event that CONSULTANT voluntarily changes, or involuntarily
12 changes due to circumstances beyond its control, its Professional Liability Insurance policy
13 carrier during the period such coverage is required to be in force (as specified in the
14 immediately preceding subparagraph c. of this Article XX, Section A, Paragraph 4), such new
15 policy shall include prior acts coverage retroactive, at least, to the date of execution of this
16 Agreement. CONSULTANT may, at its option and expense, purchase supplemental or "tail"
17 coverage from the former policy carrier, negotiate a retroactive reporting date with the new
18 policy carrier for claims incurred but not reported as of the date of change in policy carrier, and
19 shall in any event maintain Professional Liability Insurance in a manner that provides
20 continuous coverage to the COUNTY throughout the term of this Agreement, and for a period
21 of two (2) years past the issuance of final payment to the CONSULTANT.
22 B. CONSULTANT shall give COUNTY at least thirty (30) days written advance notice
23 of any expiration, cancellation or reduction in the coverage of any of the aforesaid policies.
24 C. The COUNTY, its officers, agents and employees, individually and collectively,
25 shall be named as an additional insured under the policy for Commercial General Liability
26 Insurance or Comprehensive General Liability Insurance, but only insofar as the operations
27 under this Agreement are concerned. Such coverage of COUNTY as additional insured shall
28 apply as primary insurance and any other insurance, or self-insurance, maintained by the
Page 17 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 COUNTY, its officers, agents, and employees, shall be excess only and not contributing with
2 insurance provided under the CONSULTANT's policies herein.
3 D. In the event CONSULTANT fails to keep in effect at all times insurance coverage as
4 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or
5 terminate this Agreement upon the occurrence of such event.
6 E. All policies shall be issued by admitted insurers licensed to do business in the State
7 of California and possessing a current A.M. Best, Inc. rating of A FSC VII or better.
8 XXI. OWNERSHIP OF DOCUMENTS:
9 A. CONSULTANT understands and agrees that COUNTY shall retain full ownership
10 rights of the drawings and the work-product of CONSULTANT for each project, to the fullest
11 extent permitted by law. In this regard, CONSULTANT acknowledges and agrees that
12 CONSULTANT's services are on behalf of COUNTY and are "works made for hire," as that
13 term is defined in copyright law, by COUNTY; that the drawings and work-product to be
14 prepared by CONSULTANT are for the sole and exclusive use of COUNTY, and shall be the
15 sole property of COUNTY and its assigns, and the COUNTY and its assigns shall be the sole
16 owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible
17 rights of any kind or nature in connection therewith; that all the contractual or intangible rights
18 of any kind or nature, title, and interest in and to the drawings and work-product will be
19 transferred to COUNTY by CONSULTANT, and CONSULTANT will assist COUNTY to
20 obtain and enforce patents, copyrights, trademarks, trade secrets, and other contractual and
21 intangible rights relating to said drawings and work-product; that COUNTY shall be and
22 become the owner of such drawings and work product, free and clear of any claim by
23 CONSULTANT or anyone claiming any right through CONSULTANT. CONSULTANT
24 further acknowledges and agrees that COUNTY's ownership rights in such drawings and work
25 product shall apply regardless of whether such drawings or work product, or any copies thereof,
26 are in the possession of CONSULTANT, or any other person, firm, corporation, or entity. For
27 the purpose of this Agreement the terms "drawings and work-product" shall mean all reports
28 and study findings commissioned to develop the design of each project, drawings and schematic
Page 18 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 or preliminary design documents of each project, certified reproducibles of the original final
2 construction contract drawings of each project, specifications of each project, the approved
3 opinion of probable construction cost of each project, record drawings of each project, as-built
4 plans of each project, and discoveries, developments, designs, improvements, inventions,
5 formulas, processes, techniques, or specific know-how and data generated or conceived or
6 reduced to practice or learning by CONSULTANT, either alone or jointly with others, that
7 result from the tasks assigned to CONSULTANT by COUNTY under this Agreement. County
8 acknowledges and agrees that details, concepts, ideas, devices, configurations, and designs
9 previously developed or used by the CONSULTANT, or developed by the CONSULTANT
10 without COUNTY compensation, shall remain the property of the CONSULTANT and use is
11 granted to COUNTY only for the specific project undertaken under this Agreement.
12 B. If a project is terminated prior to completion of the construction document phase of
13 any project under Article III, a reproducible copy and electronic files of documents as
14 completed at the time of termination of the project shall be submitted by CONSULTANT to the
15 COUNTY, which may use them to complete each project in future phases.
16 C. If the project is terminated at the completion of the construction document phase of
17 any project, a reproducible copy and electronic files of final construction contract drawings
18 (both .dwg and .plt files), specifications, and approved opinion of probable construction cost
19 shall be submitted by CONSULTANT to COUNTY.
20 D. Documents, including drawings and specifications, prepared by CONSULTANT for
21 any project pursuant to this Agreement are not intended or represented to be suitable for reuse
22 by COUNTY or others on extensions of the services provided for that project or any other
23 project. Any use of completed documents for other projects and/or any use of uncompleted
24 documents will be at COUNTY's sole risk and without liability or legal exposure to
25 CONSULTANT.
26 E. COUNTY has requested that certain machine readable information and CAD data on
27 construction documents be provided by CONSULTANT for each project under this Agreement.
28 Such machine readable information and CAD data are more specifically described in Article III.
Page 19 of 24 Pages
GEOTECIINICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT shall not be liable for claims, liabilities or losses arising out of, or connected
2 with:
3 1. The modification or misuse by COUNTY, or anyone authorized by COUNTY, of
4 such machine readable information and CAD data; or
5 2. Decline of accuracy or readability of machine readable information and CAD
6 data due to inappropriate storage conditions or duration; or
7 3. Any use by COUNTY, or anyone authorized by COUNTY, of such machine
8 readable information and CAD data for additions to any such project or for the completion of
9 any such project by others, or for other projects.
10 XXII. TERM AND TIME OF COMPLETION:
I A. Upon request of the Capital Projects Division Manager or his/her designated
12 representative, the CONSULTANT shall submit for the Capital Projects Division Manager or
13 his/her designated representative's approval, schedules for the performance of the
14 CONSULTANT's services which may be adjusted by mutual agreement as the projects proceed,
15 and shall include allowances for periods of time required for the COUNTY's review and
16 approval of submissions by authorities having jurisdiction over the projects. Time limits
17 established by these schedules approved by Capital Projects Division Manager or his/her
18 designated representative shall not, except as provided in this Agreement, be exceeded by the
19 CONSULTANT.
20 B. CONSULTANT shall diligently proceed with the agreed scope of services and shall
21 provide such services in a timely manner. Failure of the CONSULTANT to meet any deadline
22 listed in the above-referenced schedules once such failure continues more than seven (7)
23 calendar days past the specified completion date (unless the delay is attributable to the
24 COUNTY or State), is sufficient cause to immediately terminate this Agreement, at the option
25 of the COUNTY, in accordance with Section XXIII.C.
.26 C. This Agreement shall become effective upon approval by COUNTY's Board of
27 Supervisors, on the date first set forth above, for a base term of three (3) years, and shall expire
28 at the conclusion of said base term unless extended by COUNTY for a maximum of two (2)
Page 20 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 additional one-year periods upon provision of written notice by the Director of the Department
2 of Public Works and Planning or his/her designee, or unless it is terminated earlier in
3 accordance with the provisions of Article XXIII.
4 XXIII.TERMINATION OF AGREEMENT:
5 A. This Agreement may be terminated without cause at any time by the COUNTY upon
6 thirty (30) calendar days written notice. If the COUNTY terminates this Agreement, the
7 CONSULTANT shall be compensated for services satisfactorily completed to the date of
8 termination based upon the compensation rates and subject to the maximum amounts payable
9 agreed to in Article V, together with such additional services satisfactorily performed after
10 termination which are expressly authorized by the COUNTY Representative in order to
11 conclude the work performed to date of termination.
12 B. If the CONSULTANT purports to terminate the Agreement, or otherwise refuses to
13 perform pursuant to the Agreement, for reasons other than material breach by the COUNTY, the
14 CONSULTANT shall reimburse the COUNTY, up to a maximum of seven thousand, five
15 hundred dollars ($7,500) for the actual expense of issuing a Request For Proposal (RFP),
16 engaging a new CONSULTANT, and the new CONSULTANT's cost in becoming familiar with
17 the previous CONSULTANT's design.
18 C. The COUNTY may immediately suspend or terminate this Agreement in whole or in
19 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 this 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 COUNTY
25 of any breach of this Agreement or any default which may then exist on the part of the
26 CONSULTANT, nor shall such payment impair or prejudice any remedy available to the
27 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand
28 of the CONSULTANT the repayment to the COUNTY of any funds disbursed to the
Page 21 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT under this Agreement, which, in the judgment of the COUNTY and as
2 determined in accordance with the procedures of Article IX ('Errors or Omissions Claims and
3 Disputes"), were not expended in accordance with the terms of this Agreement. The
4 CONSULTANT shall promptly refund any such funds upon demand.
5 E. The terms of this Agreement, and the services to be provided thereunder, are
6 contingent on the approval of funds by the appropriating government agency. Should sufficient
7 funds not be allocated, the services provided may be modified, or this Agreement terminated at
8 any time by giving the CONSULTANT thirty (30) days advance written notice.
9 XXIV.CONFLICT OF INTEREST:
10 The CONSULTANT shall comply with the provisions of the Fresno County Department
11 of Public Works Conflict of Interest Code, attached hereto as Exhibit B and incorporated herein.
12 Such compliance shall include the filing of annual statements pursuant to the regulations of the
13 State Fair Political Practices Commission.
14 XXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS
15 A. This provision is only applicable if the CONSULTANT is operating as a
16 corporation(a for-profit or non-profit corporation) or if during the term of this AGREEMENT,
17 the CONSULTANT changes its status to operate as a corporation.
18 B. Members of the CONSULTANT'S Board of Directors shall disclose any self-
19 dealing transactions that they are a party to while the CONSULTANT is providing goods or
20 performing services under this Agreement. A self-dealing transaction shall mean a transaction
21 to which the CONSULTANT is a party and in which one or more of its directors has a material
22 financial interest. Members of the CONSULTANT'S Board of Directors shall disclose any
23 self-dealing transactions that they are a party to by completing and signing a Self-Dealing
24 Transaction Disclosure Form (attached as Exhibit C and incorporated herein by this reference);
25 and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
26 immediately thereafter.
27 XXVI. ENTIRE AGREEMENT:
28 This Agreement constitutes the entire agreement between the COUNTY and the
Page 22 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT with respect to the subject matter hereof and supersedes all previous
2 negotiations, proposals, commitments, writings, advertisements, publications, and
3 understandings of any nature whatsoever unless expressly included in this Agreement.
4 XXVII. SEVERABILITY:
5 Should any provision herein be found or deemed to be invalid, this Agreement shall be
6 construed as not containing such provision, and all other provisions which are otherwise lawful
7 shall remain in full force and effect, and to this end the provisions of this Agreement are hereby
8 declared to be severable.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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Page 23 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
2 as of the day and year first above written.
3 CONSULT NT COUNTY OF FRESNO
4 BY: BY:
5 DARREN G. WILLIAMS, RCE ERNEST BUDDY MENOES,CHAIRMAN
)TITLE: PRESIDENT/CEO BOARD OF SUPERVISORS
6 TECHNICON ENGINERING SERVICES
4539 N. BRAWLEY AVENUE 4108
7 FRESNO,CA 93722
8
REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL FORM:
9 FOR APPROVAL DANIEL C. CEDERBORG, COUN
10 COUNSEL
11
BY: BY. -.
12 ALAN WEAVER, DIRECTOR DEPUT
13 DEPARTMENT OF PUBLIC WORKS
AND PLANNING
14
15
APPROVED AS TO ACCOUNTING FORM
16 VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/
17 TREASURER-TAX COLLECTOR
]8
BY: 6b, -
19 DEPUTY
20
FUND: 0001, 0010, 0105, 0107, 0110, 0400
21 ORG: 4360, 4510, 8840, 8845, 8846, 8847, 8848, 8849
ACCT: 7295, 8150
22 ORG: 7511, 7530 ATTEST:
23 BERNICE E.SEIDEL,Clerk
Board of Supervisors
24
e uty
25
26
27
28
Page 24 of 24 Pages
EXHIBIT A
1989 + 2014
STRONG
E C H N I C 0YEARS
N
ENGINEERING SERVICES, INC.
2016
FEE SCHEDULE
PREVAILING WAGE
Corporate Office:
TECHNICON Engineering Services, Inc.
4539 N. Brawley, Suite 108
Fresno, California 93722
Tel: 559.276.9311 Fax: 559.276.9344
Visalia Office:
151 S. Dunworth Avenue
Visalia, California 93292
Tel: 559.732.0200 Fax: 559.732.0830
Merced Office:
2345 Jetway Drive
Atwater, California 95301
Tel: 209.384.9300 Fax: 209.384.0891
Effective January 1,2016
EXHBIT A
2016 Fee Schedule—Prevailing Wage
TABLE OF CONTENTS
FirmProfile....................................................................................................................3
Basisof Fees..................................................................................................................4
Definitionof Standards.................................................................................................6
ProfessionalStaff Rates................................................................................................7
Environmental Engineering Services.............................................................................7
Geotechnical Engineering Services...............................................................................7
Administrative Staff Rates............................................................................................7
GeneralItems................................................................................................................7
Laboratory—Geotechnical............................................................................................8
Drilling...........................................................................................................................8
MaterialsTesting..........................................................................................................9
Laboratory-Soils..........................................................................................................9
Laboratory-Asphalt.....................................................................................................9
Laboratory—Concrete................................................................................................10
Laboratory—Masonry.................................................................................................11
Materials Inspection Testing.......................................................................................11
Consulting—Steel.......................................................................................................11
Laboratory—Steel.......................................................................................................11
Machining Test Specimens .........................................................................................12
SpecialInspections......................................................................................................12
Welder Procedure Qualification Testing.....................................................................13
Welder Qualification Testing......................................................................................13
T E C H N I C O N Page 2 of 13
ENGINEERING SERVICES,INC.
EXHIBT A
2016 Fee Schedule—Prevailing Wage
FIRM PROFILE
TECHNICON Engineering Services,Inc.was established on March 6,1989 in Fresno,California by principals
Darren G. Williams and Kent S. Baucher. A California corporation, the firm maintains offices in Fresno,
Merced and Visalia, California which allows for services to be offered throughout all of the Central
California region.
We are proud to offer the following services:
• Environmental Engineering
• Geotechnical Engineering
• Construction Materials Testing
• Special Inspections
TECHNICON maintains a qualified team of professionals dedicated to providing the best services available
to our clients, in a timely manner and at an economical price.
We are a relationship-based company
This core value is also our fundamental business strategy: We focus on forging strong, long-term
relationships with our clients, as we consider sound client relationships the most important contributor
to our success. We cement these relationships by providing superior service and by continuously
improving our performance.
People are our greatest asset
Employee talent is the cornerstone of our success: Their expertise and capabilities win us the work,
perform the work, create value for our clients, and generate loyalty in our customer base. So we create
an environment where our employees meet fresh, exciting challenges and experience the satisfaction of
a job well done. Ours is also an environment that is flexible to change and open to innovation. At
TECHNICON,every employee contributes to value-added performance.
art.
T E C H N I C 0 N Page 3of13
ENGINEERING SERVICES,INC.
EXHIBIT A
2016 Fee Schedule—Prevailing Wage
T E C H N I C 0 N
ENGINEERING SERVICES, INC.
BASIS OF FEES
1. Sampling and testing will be conducted in accordance with the latest applicable or designated
specifications of the American Society for Testing and Materials (ASTM),American Association of
State Highway and Transportation Officials (AASHTO), State of California — Department of
Transportation,or other applicable agencies.
2. Prices reflect per unit test and include reporting of laboratory or field results and inspections not
requiring engineering recommendations and/or conclusions.
3. Work requiring special equipment, machinery rental,outside consultants,etc.,will be charged at
cost plus 15%,unless otherwise noted.
4. All observation and field services will be based on a minimum charge of two (2) hours, and in
increments of two(2) hours thereafter.
5. Project cost proposals will be submitted upon request. Special consideration is given to projects
involving continuous or large volumes of testing or inspections.
6. All charges are FOB from the nearest office of TECHNICON Engineering Services, Inc.
7. Expert testimony or deposition—Four(4)hour minimum charge.
8. Prices are subject to change to reflect increase in material, supplies, equipment, or services
beyond our control.
9. Invoices are due and payable upon receipt. Accounts become past due after thirty(30) days. A
late payment service charge of 2%per month will be applied to the unpaid balance on all accounts
past due.
10. Fees are predicated upon our understanding that this project is subject to California Prevailing
Wage Law (i.e. certified payroll), and are based upon straight-time rates. Work performed on
weekends,holidays,and when work starts outside of regular business hours is subject to a 4-hour
minimum charge. Saturdays, night work, and premium hours (before 7 a.m., after 5 p.m. or in
excess of 8 hours in one day) for personnel are at time and one-half; Sundays and holidays are
double time. Field Services for regular work days are subject to a 2-hour minimum charge for
inspections, consultations, sampling, or show up time and 2-hour increments, M-F, 7 a.m. to 3
p.m. with a minimum of 24 hour schedule notice. Charges are calculated in one half-hour
increments and time is accumulated on a portal to portal basis.
11. Routine project supervision by an engineer has been included in the above quotation. However,
please note that the above quotation does not include charges for weekly site meetings, plan
reviews, site visits to address unforeseen problem areas, or other such services. Fees for such
services will be charged at the fee schedule rates in effect at the time of the services request.
T E C H N I C 0 N Page 4 of 13
ENGINEERING SERVICES.INC.
EXHIBIT A
2016 Fee Schedule—Prevailing Wage
12. Charges for reinspection due to failing results, or when testing or inspection is requested but the
contractor is not ready and does not cancel scheduled work are also not included in the estimate and
will be billed at the hourly rates listed previously. This firm shall not be responsible for backcharging
contractors.
13. Client agrees to pay for the described services in accordance with the compensation provisions in
the cost estimate. Unless otherwise specified in the cost estimate,payment to Consultant will be
made within 30 days of the date of billing. Our unit cost was based on work being conducted
locally. Should portions of the work be subcontracted to out-of town subcontractors,additional
incurred costs will be charged accordingly.
14. Cancellation Policy: Day jobs cancelled less than 2 hours prior to the start of work or night jobs
cancelled less than 24 hours prior to the start of will be subject to a 2-hour minimum charge for day
jobs and 4 hour minimum for night jobs.
Note: Rates are subject to change due to changes in Prevailing Wage Law or its application. In the event
that it is determined or alleged that Prevailing Wage Law applies to any additional aspect of the project,
the Client agrees to pay TECHNICON Engineering Services, Inc. (Consultant) any and all additional
compensation necessary to adjust Consultant's Wage, to pay any penalties that may be levied against
Consultant due to alleged compliance with the Prevailing Wage Law, and to pay for apprentices,
supervision,certified payrolls,and other administrative costs as necessary to comply with Prevailing Wage
Law. In the event that work thought to be subject to Prevailing Wage is determined not to be subject to
prevailing Wage, no refund of fees will be given.
T E C H N I C Q N Page 5 of 13
ENGINEERING SERVICES,INC.
EXHIBIT A
2016 Fee Schedule—Prevailing Wage
DEFINITION OF STANDARDS
Standards referenced within this Fee Schedule are defined as follows:
AASHTO American Association of State Highway and Transportation Officials
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWS American Welding Society
CIVIL) Concrete Masonry Unit
CBR California Bearing Ratio
CTM CalTrans Test Method
HMA Hot Mix Asphalt
LOI Loss on Ignition
MD/OM Maximum Density/Optimum Moisture
NDT Nondestructive Testing
PQR Procedure Qualification Record
USACE United States Army Corps of Engineers
WPS Welding Procedure Specification
T E C H N I C 0 N Page 6of13
ENGINEERING SERVICES.INC.
EXHIBIT A
2016 Fee Schedule—Prevailing Wage
Fee
Item Description Schedule Unit
PROFESSIONAL STAFF RATES
----------------
Professional Engineer 125.00 € Hour
i Professional Geologist 150.00 j Hour
Project Manager 120.00 Hour
-i
Registered Civil Engineer 175.00 Hour
Registered Geotechnical Engineer 195.00 Hour
Site Visit(Registered Civ
il Engineer) 125.00 Hour
Staff Engineer _ 115.00 Hour
Staff Geologist 115.00 Hour
Staff Specialist 115.00 our
ENVIRONMENTAL ENGINEERING SERVICES
All Environmental Engineering services such as Phase I Environmental Site Assessments, Phase II Site
Investigations,Site Remediation,Soil Sampling,etc.will be quoted on an individual basis.
GEOTECHNICAL ENGINEERING SERVICES
All Geotechnical Engineering evaluations,investigations,and tests will be quoted on an individual basis.
ADMINISTRATIVE STAFF RATES
I Administrative 75.00 " Hour
Certified Asbestos Consultant 125.00 ; Hour
# ------- --
Certified Special Inspector ( 95.00 i Hour
Drafting 65.00 ; Hour
_ .____ ._.._______. __. ____ ____ __ -- __--_ --_-_-_-!
Expert Witness-Deposition 350.00 Hour
Expert Witness Research 195.00 Hour
Field/Environmental Technician 85.00 ; Hour
L_a_b__T...e._c_h._n_i_c.i_a_.n 66.00 Hour----_------- _._.___ .__._;
Senior Technician 100.00 i Hour
GENERAL ITEMS
---------------- _.___.___._. . __._._ _ . ____._---------
Mileage .
0.85 Mile
_ ... _ _ ._ ___._ . _-___ _ _ __. _. .____ _ _'
Trip 25.00 Trip i
-- ---- - — -- --- - --_
Report Preparation 170.00 Each
T E C H N I C 0 N Page 7 of 13
ENGINEERING SERVICES,INC.
EXHIBIT A
2016 Fee Schedule-Prevailing Wage
Fee
Item Description Schedule Unit
LABORATORY- GEOT_E_CH_NICAL
------------
Atterber Limits ASTM D4318 ' Each i
g ( ) 160.00 ,
CBR @ 100%Max Density(ASTM D1883) 875.00 ' Each
CBR with Compaction,Lime treated(ASTM D1883) 935.00 Each
i Chloride Content of Soil(CTM No.422) 60.00 3 Each j
Collapse Potential(ASTM D5333) 165.00 . Each
Compaction Mold Permeability(ASTM D5856) 195 00 Each
Compressive Strength of Intact Rock(ASTM D7012,Method Cj i 295.00 Each
Compressive Strength of Soil(ASTM D2166) 150.00 Each
Compressive Strength of Soil-Lime/Cement Mixtures(ASTM D5102) 250.00 Each
Consolidation(ASTM D2435) 195.00 c Each
Consolidation w/Time Rate(ASTM D2435) 225.00 Each
--------_.- _.__.. _I
Corrosivity Analyses(ASTM G57,ASTM D4972,ASTM D4327) 260.00 ' Each
Corrosively Suite(CTM No.417,422,643) 150.00 I Each
Direct Shear(ASTM D3080) 185.00 Each
Dispersion by Double Hydrometer(ASTM D4221) 255.00 Each
Expansion Index(ASTM D4829) ! 165.00 i Each
Flexible Wall Permeability(ASTM D5084) 250.00 Each
Hydrometer(ASTM D422) _ 225.00 ; Each
Laboratory Minimum Resistivity(CTM No.643) 75.00 s Each
- ---.---.._---_____-_---------.__-___-_-_.__ ___.._._.-----_.--------_
Material Finer#200 Sieve(ASTM D1140) 85.00 ! Each
MD/OM Curve(ASTM D1557 Method C) i 195.00 Each
MD/OM Curve(ASTM D1557, Method A,B,and D) 185.00 Eac
._ h j
_.._ ...... _-.__.....--..-------------._._..___ --.._.- l__.._._ __..._,
MD/OM Curve(ASTM D698) 160.00 Each
MD/OM Curve(CTM No.216) 195.00 } Each j
Moisture Content(ASTM D2216) 25.00 ' Each j
Organic Content of Soil-Loss of Ignition(ASTM D2974) 150.00 1 Each
pH of Soil(CTM No.643) 45.00 1 Each
Pinhole Dispersion(ASTM D4647) 195.00 Each
i R-Value-Treated(CTM No.301) i 295.00 Each
R-Value-Untreated(CTM No.301) 225.00 ' Each
Ridged Wall Permeability(ASTM D2434) 195.00 Each
Sample Trimming/Remolding 75.00 Each
Soil Specific Gravity(ASTM D854) 185.00 Each
-.-._-----------.._�__._ a__.__-----------_----___ _d_____r_.._,____j
Storage of Untested Samples 12 months then dispose) 350.00 1 Each i
Sulfate Content of Soil(CTM No.417) 55.00 Each
Unconsolidated Undrained Triaxial Compression(ASTM D2850) 220.00 Each
_.........__._._._ -------
F Unit Weight(ASTM D2937) 45.00 ' Each
DRILLING
Core Bit Charge 5.00 1 Inch
Drill Rig and 2 men Crew(CME 45) 230.00 i Hour
Drill Rig and 2 men Crew(CME 55) 245.00 Hour
Drill Rig and 2 men Crew(CME 75) 240.00 Hour
Drill Rig and 3 men Crew(CME 45) 280.00 Hour
Drill Rig and 3 men Crew(CME 55) ; 295.00 , Hour
Drilling Technician 95.00 . Hour
T E C H N I C 0 N Page 8of13
ENGINEERING SERVICES,INC.
EXHIBIT A
2016 Fee Schedule-Prevailing Wage
MATERIALS TESTING
It Asphalt Density testing-Field 89.00 Hour
Asphalt Placement Observation 89.00 Hour
___. .. _._ .__...__... _... __.._ .___ ____ __. _. „_ . m._.----------------
Asphalt Sampling,onsite 89.00 Hour
Batch Plant Inspection 79.00 Hour
__.. ---___-_ _. _.,__ ---__ _._._._L.__._.�___.___.._,_.,_..__.__._._
Coring Onsite(2-Man Crew) 225.00 Hour
Coring Offsite(2-Man Crew) 185.00 Hour
Field Technician-Materials Testing 89.00 Hour
Fill Placement Observation 89.00 ; Hour
1 Grout Sampling 89.00 '. Hour
--------------
Moisture Testing-Kits 35.00 Each
- - -- _ _ {
Moisture Testing Soils 125.00 Each
Mortar Sampling 89.00 ' Hour
_ _-- .. ,-----__ --i
R-Meter Testing 89.00 I Hour
Sample Delivery Samp 79 00 Hour_ __
Sample Pickup - 79 00 Hour
-_._ . 1
Sampling-Concrete 89.00 Hour
Schmidt Hammer Testing 89.00 ; Hour
Soil Compaction Testing-Aggregate Base 89.00 ' Hour
-----__.__.__.__--__._r._.,____.
Soil Compaction Testing-Building Pad 89.00 ; Hour
Soil Compaction Testing-Subgrade 89 00 Hour
_--------_---.___.
Soil Compaction Testing-Trenches 89.00 Hour ;
Soil Testing in 89.00 j Hour
_._ __________._...___._
LABORATORY-SOILS
_----__.__---______.._,_
Fill Suitability 625.00 Each
MD/OM Cal 216 195.00 Each
MD/OM Curve ASTM 1557C 195.00 Each
MD/OM Curve ASTM 698 185.00 ? Each i
MD/OM Curve ASTM D1557 185.00 Each
Sieve Analysis Combined Grading_. _. i 165 00 ' Each
_._._.___._.. ._ _-y
Sieve Analysis Finer than#4 95.00 Each j
-_ ---_-- ----. ._._-_____,._.___.,_._. .___.__ . _._. , --.
Sieve Analysis Retained#4 75.00 Each
LABORATORY-ASPHALT
Asphalt Content Via Ignition Oven 140.00 Each
Asphalt Content Via Solvent 175.00 Each
Asphalt Content Via Solvent Extraction 200.00 Each
----- - - - --- - ---- -- -- - --- - --- .--------.
i Asphalt Max Density-Hveem w/o Stability 225.00 Each
__.__. _-.___.._..__-__.__-_--____.__.______._._--.--___.-..._____-_....
Bulk Specific Gravity Briquettes 50.00 Each
HMA Moisture Content 45 00 - Each
__ -_-_. _._._ _
Hveem Max Density w/Stability ! 250.00 I Each
Ignition Oven Correction Factor 400.00 : Each
i Lab Mixing of Asphalt Material 150.00 j Each
_.
Marshall Max Density w/Stability 300.00
Each
Sieve Analysis of Extracted Aggregate - � -� i 165.00 Each
Stabilometer 50.00 Each
Tensile Strength Ratio-CTM 371 Lab Mixed 800.00 Each
Theoretical Maximum Specific Gravity 150.00 ! Each
T E C H N I C a N Page 9 of 13
ENGINEERING SERVICES.INC.
EXHIBIT A
2016 Fee Schedule-Prevailing Wage
LABORATORY- CONCRETE
Batch Plant Inspection-Lab 79.00 ; Each
Bit Charge(per inch) 10.00 Inch
Compression Strength(Set of 4) 100.00 I Set
Compression Tests,Insulating Concrete 35.00 Each
Concrete Compression Tests 25.00 Each
Concrete Drying Shrinkage 125.00 , Each
Concrete Drying Shrinkage(Set of 4) 500.00 Set
Concrete Cylinder Tensile Test 65.00 } Each------------
-
Concrete Scanning/Subsurface Image/Structural Evaluation/Utility Location 180.00 Hour i
Core Absorption/Boiling Method 65.00 Each
Core Compression 75.00 1 Each
-------._ .__. ..___ __ __ _. .__ .... __. _----_._.
Coring Offsite(2)Man Crew 175.00 Hour
Flexural Beam Tests 75.00 ' Each
Mix Design Review 250.00 Each
i
Petrographic Examination B Quote
-------
_
Sample Concrete -Lab Only _ 80.00 Hour
__. T
Unit Weight of Concrete Cylinder 50.00 i Each
Unit Weight of Lightweight Concrete 75.00 Each
_. _.__.,___.__..I
LABORATORY-CONCRETE AGGS
#200 Wash 75.00 Each
Flat&Elongated Particles 200.00 Each i
------- _
'; Agg.Unit Wt. 140.00 Each
-- -- _____.--.------.---- .- -_---------_ _.__.� ___.�___ _____-_------.----- - -._.
Aggregate Suitability for Hot-Mix AsphaltBy Quote 1
- ------------
Cleanness Value 125.00 Each
Crushed Particles 150.00
Each
___.___ __ __ _.. _ __._. .._
Deter Clay Lumps ? 140.00 f Each
----_.
Durability Coarse Aggregate 110.00 ; Each
Durability Fine Aggregate 100.00 ! Each
Durability Index Fine and Coarse 200.00 Each
LA Abrasion Resistance 300.00 Each `''I
Lightweight Particles in Aggregates _ - 325.00 Each
i
Organic Impurities in Fine Aggregate 150.00 5 Each
pH Testing 25 00 i Each
----._ __._... _..__._ ___...___. _ _
Sand Equivalent 1._.___. _
Each
00 00 j
Fin Analysis
Sieve Analyer#4 95.00 Each
sis
Sieve Analysis Oversize Grading 250 00 Each
---------- _ ,_._..._-----_-----._.--------__-.---_____.__._______. __...__....__.__--_-__--------------_----_
Sieve Analysis Retain#4 75.00 Each
-__--_-_.._� ----- ._._.,_..._._._----------- - --------------------- - ---- - --,
Sodium Sulfate Soundness(per size fraction) 90.00 Each
- - -- - --- - -- - - -- . -
Specific Gravity Coarse Aggregate
ggregate 95.00 Each
----------.----._.__ - _--_ _------.-----. -._.___._.._..------------
._..__.___._--__.-.,
Specific Gravity Fine Aggregate 125.00 1 Each
GPR SCANNING
Concrete Scanning 180.00 Hour
T E C H N I C 0 N Page 10of13
ENGINEERING SERVICES,INC.
EXHIBIT A
2016 Fee Schedule-Prevailing Wage
LABORATORY- MASONRY
Absorbtion/Unit Weight/Moisture-per unit 50.00 Each
__._-------------.----.------------.---__r_..__.____.__._._____-
C-140 Series Testing 350.00 Each
-_._--
Shrinkage CM Drying U 145.00E Each j
--.--___._,
Grout Compression Tests 35.00 Each
Masonry Block Compression 75.00 Each
..___ a
Masonry Prism Compression i 85.00 Each
Masonry Shear-Bond Strength - ---.___ __. _,_..
Mortar Compression Tests25.00 Each
pr
MATERIALS INSPECTION TESTING
Anchor Bolt Load Testing _ 0 our j
Ceiling Wire-LoadTesti g our 95.00 H
I
Concrete Floor Flatness Determinations 175.00 Hour
_ __.----._ __-_-___._..__...-.---.---.._-..-----_---__-_____.__-___r ......... _...___._.._.._.._.._;
Digital Ultrasonic---Thickness Testing 100.00 `:, Hour
_ ---- .. _.- . -
Epoxy Reinforced Steel Load Testing 95.00 Hour
Expansion Anchor Bolt Torque Testing 95.00 ! Hour
Forensic Investigations of Construction Failures i 145.00 1 Hour
s High-Strength Bolt Tension Testing 95.00 Hour
Liquid Penetrant Testing j 100.00 j Hour
Magnetic Particle Testing 100.00 Hour
Nondestructive Testing of Welded Components 100.00 Hour
Reduced Section Tension Testing 95,00 ; Hour
Rockwell Hardness Testing(B or C Scale) 55.00 j Each
Ultrasonic Testing 100.00 Hour
CONSULTING -STEEL
NDT Level III 125.00 , Hour
y. ............__......,w...._._._.... - �- ..__..__---.--_..._.,._._._..._...-. __ _...__..__-. ... ._____ .__.._,... __-._._
Welder Qualification Consulting 85.00 ; Hour
Witness Testing 85.00 ! Hour
WPS Welder Procedure Specification 90 00 Each
LABORATORY-STEEL
1 Test Vertical,Cycled w/Report 350.00 Each
-- ._... _. _.
', 1 Test Vertical,Cycled w/o Report 200.00 . Each
_ __._ . -._-- __-- ----.----- -- _._._.__ _-___---
3 Tests Vertical,Side Horizontal w/Report 500.00 Each
__.______._..___.___.___.___.._.,_.___._____..______.__----_.---.-----._._._.__--_--. ---.______.__--
3 Tests Vertical,Side,Horizontal w/o Report 350.00 Each
48 hr turnaround 3 Tests:Vertical,Side,Horizontal w/o Report 525.00 ` Each
48 hr turnaround 3 Tests.Vertical,Side,Horizontal w Report ; 750.00 Each
-- .__ - - - - __ . _ _ . 0 Each
Bend Test Reinforcing Steel Sizes#348 65.00 Each j
g Bend Test Reinforcing Steel Sizes#9 and Larger 85.00 Each
- _._ _ .__ __._.._.
Cal Trans Coupler Tests#248 195.00 Each
- --- -- -- - ---
Cal Trans Coupler Tests#9 and Larger 295.00 Each
Fireproofing Density Testing 140.00 Each
Full Size Tubing Tensile Test ASTM A370,E8 -------
High Strength Bolt Proof Load Test 200.00 Each
High Strength Wedge Tensile Test 125.00 ; Each
Impact Test w/Report 175.00 Each
Impact Test w/o Report 95.00 Each
Large Unit Surcharge 50.00 Each
T E C H N I C 0 N Page 11of13
ENGINEERING SERVICES,INC.
EXHIBIT A
2016 Fee Schedule-Prevailing Wage
Lifting Eye Pull Test w/RCE Report 225.00 Each
---------------------___
Lifting Eye Pull Test w/o RCE Report 175.00 Each
Nelson Stud Reduction of Area Tension 75.00 Each
Onsite Testing 85.00 ! Each j
_____.._._._.._____.___.____..___.___._____.____------..---_..._.__------._.__.___._._..._____.________.__..__.__.--.--_-------_.__.__._--___...._-----__._.__
Post Tensioning Strand Tensile Strength Test250.00 Each
Proof Load to Failure w/Report 275.00 Each
__ I
_ _.._._. ._.. __._ ---.__., _.-.__. .....__.__...________. ------ _ ._._._ .__
Proof Load to Failure w/o Report 150.00 Each
Storage of Units,by mo by set 100.00 Each
Tension Test Reinforcing Steel#2-#8 70.00 Each
-I
Tension Test Reinforcing Steel#9 and Larger 105.00 Each
----
Tension Test-Reduced Section 75.00 ! Each
Test Specimen MachiningjFabrication 125.00 ' Each
---------------
Torque/Pull Test 150.00 Each
MACHINING TEST SPECIMENS
_ _.__._._._._._____..._,.____._.______.___._.______._,__.---_.----_--.__________.._.__.a.___._._._
Machining 2"Gauge Length%"Diameter .._,.___. ___. _ 110..00 Eachu^
i Machining 2"Gauge Length 1/4"to 1/2"Thick 80.00 ( Each
Machining 2"Gauge Length less than 1/4"Thick 70.00 ! Each
Machining 2"Gauge Length over 1/2"thick 105.00 Each
Machining 8"Gauge Length Less 1/4"Thick 80.00 Each
Machining 8"Gauge Length 1/4"to 1/2"Thick 105.00 : Each
Machining 8"Gauge Length Over 1/2"Thick 120.00 Each
---.___------
Machining Reduced Section on Studs _ 90.00 Each
Schedule 40-Prepared Test Pipes 4-8"Diameter _ _. .._,_._._
�_--- _ 180.00 1 Each
200.00 I Each j
Schedule 80-Prepared Test Pipes 4-8"Diameter
SPECIAL INSPECTIONS
Dye Penetrant 100 00 Hour
-----
Epoxy Anchor Bolt Installation 95.00 Hour
. Bo in Inspection--- _.. __..---
Epoxy Rebar Inspection 95.00 i Hour
___.-.-----_.._.---------_____.__. .._.._._. ._._._.._..____
Epoxy Secured Reinforced Steel Inspection 95.00 Hour
Expansion Anchor Bolt Installation Inspection 95.00 ! Hour
Field Welding Inspection 95.00 ; Hour
Fireproofing Inspection 95.00 I Hour
Framing Inspections 95.00 Hour
-- -____ ._. _ _.-_.-- _.._... .__.____
Glue Laminated Timber Fabrication Observation-Materials 89.00 Hour
...__ _.._. . ._.... _. _d
High Strength Bolt Sampling 95.00 1 Hour
Inspector of Record 105.00 Hour
----_ ry/ P._..
Mason _. . . .__.__.._._..... _ .
Grout Inspection 95.00 Hour
Material Identification 89.00 Hour
__._._ ._.._ . -- -.__ __---- ._.__-_-- ._.__.--- __.._ __.___-_-_ ___ __._ __._-.- ------.----__
Mechanical/Electrical Inspector 95.00 Hour
-- -..__-- ______.___-- _ _._._. __.__.__
Paint Thickness Inspections 100.00 Hour
Post. ___..________. __.-.,.- . _-.-__ _ ____.
Reinforced Concrete Inspection 95.00 Hour
._.____.___ _.._____ . . ._..._.._. ___ _... .__..._.___._ . _.-- _-
Reinforcing Steel Inspection 95.00 Hour
Reinforcing Steel Sampling Tagging and Ta 89.00 Hour
- ----- - -- --.
Roof Installation Observation-Materials 95.00 i Hour
Roofing Inspection 95.00 Hour
Shear Wall Nailing 95.00 Hour
_.-- -_--_.._ _ _ ,__ ___ _ ____._.
Shop Welding Inspection 89.00 Hour
T E C H N I C O N Page 12 of 13
ENGINEERING SERVICES.INC.
EXHIBIT A
2016 Fee Schedule—Prevailing Wage
Steel Cable Tension Inspection 95.00 ' Hour
Steel Framing Inspections(Slip Critical) 95.00 Hour
Tank AST Inspection 95.00 Hour
Wood Moisture Testing 95.00 1 Hour
Wood Truss Fabrication Observation-Materials 85.00 t Hour j
WELDER PROCEDURE QUALIFICATION TESTING
AWS Prequalified WPS ? 90.00 Each
PQR-Pipe(over 1"diameter)AWS/ASME 400.00 j Each
_.-
PQR-Plate(through 1"thickness)AWS/ASME 350.00 Each
i.._.___._.�_...._...te I
PQR-Reinforcing Steel(2 tension tests,1 Etch) 220.00 Each
WELDER QUALIFICATION TESTING
1"Plate Complete Set-Prepared Test Plates 90.00 1 Each
3/8"Plate Complete Set-Prepared Test Plates 70.00 Each
_.--._-
Welder Qualification Fillet Weld Test(break and etch) 100.00 Each
--- ...___ _... _. .__ .____..._ .-_.._.__ .._.. .._... _ .-_
Welder Qualification Performance Test,3/8"Plate AWS/ASME 160.00 ` Each
_ .___ _ ._-._._ __ ._..._._.__._._.__...._ ___. __------ ---_..-.___.__.._.__. _-__--- --.-__.
Welder Qualification Performance Test 1"Plate AWS/ASME 190 00 Each
Positions Welder Qualification Pipe 1G,2G � _ _—_
(2 bend tests) 220.00 Each
Welder Qualification Pipe 5G,6G Positions(4 bend tests) 280.00 ; Each
Welder Qualification (AWS D1.4)
Each
00.00
rcing
teel
Welder Qualification She toMetalSPuddle Wed Test .- ._ _ - '955.00 M Each
T E C H N I C 0 N Page 13 of 13
ENGINEERING SERVICES.INC.
EXHIBIT B
lose 915I23
. , Febzvaxy 23, 1999
szoolutiou �99—oS6
BEFORE THE HOARD OF SUPERVISORS
2 OF THE GOldM'Y OF FRESNO
3 STA'I`fr.OF CALIFOMM
• r �•
In the matter of
S Adoption of Standard Conf lct of Interest Resolution 499-096
6 Code forM County Departments.
7
8 Whereas,the Political Reform Act, Govemment Code section 810W at seq.,
9 requires state and local govemrnent agencles to adopt and promulgate coafilct of interest
10 codes;and
11 Whereas,the Fair Political Practlees Comrnlsston has.adopted a wplefton,2
12 Callfotnla Code of Regulations section 18730,which contains the terms of a standard
18 conflict of Interest code, and which may be amended by the Fair Political Pradices
i$ Commission alter public notices and hearings to c orii'nrnz to amendments to the Politics!
16 Reform Act and
16 Whereas,any local agency mayincorporate this standard conflict of Interest code,
i 7 and thereafter need not amend be text of Ifs code to conform to future amendments to the
18 Political Reform Actor Its regulations;and
Whereas, the Board of Supervisors Is the code reviewing body for all Counly
is departments except courts;and
2Q 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,thatthetsnns of 2 CaGfomis Code of Regulatlons
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 Exhlbtts 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;tot%,.
27
28
i
'EXHIBIT B
i
constitute the contflet of Interest codes of each County department except courts.
2 Confllctof intarestforms shall belled as follows:
3 i. As required by Govemment Code Section 87600, subdivision (a),the
4 County Administrative Offloar, district Attorney, County Counsel, and AudlOr-
5 Contraiterftreasurer Tax Collector shelf file one original ofthe'tr statements with the Coudy
6 Cleric.who.shall make and retain copies and forward the originals, to the Pair Pdffkal
7 Practices Commisslom which shalt be the fling officer. The County Adrntnistraflve fllffcer,
6 District Attorney,County Counsel,and Audbr Controller/rra as u re r-Tax Co0ac DrshaI also
9 file one:copy ofthelr statements with the Clerkfo the Board of Supervisors.
it} 2. As required by Government Code section 875t1D,subdlvWon 0).al oter
11 department heads shall file one original ofthefrstatenratits withihelydepart eats. Thefling
12 officer o€each department shall make and retain a copyaf the department head's statement
13 and shall forward The original to the Cterkto the Board of Supervisors.
14 3. All other designated employees shall file one original offheir staterneMs wM
,is their departments.
,IS, Ali statements shall be public records and shall be made available inr pul fic
17 inspectlon and reproduction. (Gov.Code,§81008.)
Adopted eta regular meeting ofthe Board of Supervisors,held on the srd day
i8
of R_eb=atv _i9 byttte#oitowing vcrfia,to wit:
i9
20
Ayes: Superv3.suzs Kbliom. Case, g=ambula, oken, Levy
21 Noes: Nave
22 Absent: zone
23
CA
24 ter, Rom WE Pr
ATTESTS
25 $HARE GRM070M. CLERK
Rom op Sop8t3VnORS
26
27 $� -
fil
2811 File #15I23 Agenda #28 umolut ion lf93-0B6
2
-� - :-.EXHIBIT B
EXHtarr"A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant 1/If 2
Architect 1
Assistant Real Property Agent 1
Associats Real Property Agent 1
Building inspector I 111 1
Building Plans Engineer 1
Capital Projects Division Manager 1
Chief Building Inspector 1 .
Chief of Field Surveys 1
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/111111 1
Field Survey Supervisor 3
Housing Rehabilitation Specialist 1111 1
Information Technology Analyst t/11/III 11V 2
Planner 1111/Ill 1
Principal Accountant 1
Principal Engineer 1
Principal Planner 1
Principal Staff Analyst 1
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 1
Senior Engineering Technician 2
Senior Geologist 1
Senior Information Technology Analyst 2
Senior Planner 1
S8R[QF Deal l2ropedyArgenx ----
-: . rEXHIBIT B
Classification Category
Senior Staff Analyst 1
Senior Systems and Procedures Analyst 2
Staff Analyst I/11/ill q
Supervising Accountant 2.3
Supervising Building Inspector i
Supervising Engineer i
Supervising Water/Wastewater Specialist 2,3
Systems and Procedures Analyst I 1111 ill 2
Systems and Procedures Manager 2
Traffic Maintenance Supervisor 2
Y Consultants shall be included in the flat 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 posfOon',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 consultants dudes and, based upon that description,a statement
of the extent of disclosure requirements. The Director of Pubric 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.
. - •T E'XHISIT B
MISIT wIr
pI IBL.IC WO--RKS ANRkLANNING
1. Persons In this category must disclose all investments,Interests In real property and
Income,and business positions. FinanoW Interests srersporieble dntyifleoatedwlthin
or subject to the jurisdiction of Fresno Qounty; or if the business Y`bs•doing
business orplanning to dobusiness In thelurisdidlon,orhas done businesswrthinths
jurisdictich at any tl'me d(Ying the Wo Wmt pfidiltd"thib flling orthib staishida Real .
property shall be deemed to be wrilhin the judadleffon"of the County I 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,Incomeftm,and business
positions with any business entlfy which,withbi'!the last two years,has contracted or In
the fLAure may forsesably contract with Fresno Cnunly through Its Public Warlm and
Planning depactmenk.SaIld Waste Commissions within the judsdidion,orto anyolher .
joint powers agency which Fresno County Is a member to provide servIam,supplies,
materials,machinery,or er.Mpmeritto the County.
S. Persons In the category shall disclose all inten is In real property within the
jurisdiction. Real Property shall be deemed to be within the)ucisdic6an Ifthe property
or any part of It Is located within or not more than two miles otdalds the boundaries of
Fresno County(Including Its Incorporated cities)or within two mile of any land owned
or operated by the Cowry.
Attachment C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as
"County"), members of a corporation's board of directors of the Consultant, must
disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined
below:
"A self-dealing transaction means a transaction to which the corporation is a party and
in which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being
disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's
transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Page 1 of 2
Attachment C
(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 parry to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
Page 2 of 2