HomeMy WebLinkAboutAgreement A-16-046 with RMA Geoscience Architecture.pdf Agreement No. 16-046
15-1928 GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 THIS AGREEMENT is made and entered into this,"t'day of n a �- , 2014
2 between the County of Fresno, a political subdivision of the State of California, (hereinafter
3 called "COUNTY"), and RMA GeoScience, a California corporation, located at 3897 North
4 Ann Avenue, Fresno, CA 93727 (hereinafter called "CONSULTANT").
5 WITNESSETH :
6 WHEREAS, the COUNTY desires to retain a CONSULTANT Architect to assist the
7 COUNTY Capital Projects Division Manager or his/her designated Project Manager in
8 completing various projects and advanced planning for future projects in the COUNTY's
9 Capital Improvement Programs and other COUNTY projects; and
10 WHEREAS, consistent with COUNTY Ordinance Code Chapter 4.10 and the Board of
11 Supervisors' adopted Policy governing the selection of architects, engineers, and other
12 professionals, a selection committee selected said CONSULTANT to provide the COUNTY
13 with Geotechnical Engineering services for said projects; and
14 WHEREAS, the COUNTY Capital Projects Division Manager or his/her designated
15 Project Manager shall administer this Agreement; and
16 WHEREAS, the professional Geotechnical Engineering services of the CONSULTANT
17 may be utilized by the Department of Public Works and Planning and other COUNTY
18 Departments; and
19 WHEREAS, staffing levels of COUNTY personnel may not be sufficient to perform
20 Geotechnical Engineering services for all projects, and
21 WHEREAS, said CONSULTANT represents that it is qualified and willing to perform
22 Geotechnical Engineering services.
23 NOW, THEREFORE,the parties hereto have and by these presents do agree as follows:
24 I. CONTRACTING OF CONSULTANT: BASIC PARAMETERS
25 A. The COUNTY hereby contracts with the CONSULTANT as an independent
26 contractor to provide Geotechnical Engineering services as described in Article II and
27 enumerated in Article III herein.
28 B. The CONSULTANT's services shall be performed as expeditiously as is
Page 1 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 consistent with professional skill and the orderly progress of the work, based on project
2 schedules prepared by the COUNTY Capital Projects Division Manager or his/her designated
3 Project Manager.
4 C. The CONSULTANT shall notify the COUNTY of the names and classifications
5 of employees assigned to a project, and shall not change such assignments without prior
6 notification to and approval by COUNTY.
7 D. If requested by the COUNTY, the CONSULTANT shall retain qualified
8 subconsultant(s) to assist in completing the work. All subconsultants used by the
9 CONSULTANT shall be approved by the COUNTY before they are retained by the
10 CONSULTANT, which approval shall not be unreasonably withheld. Should CONSULTANT
11 retain subconsultants, the maximum Total Fee compensation that may be paid to
12 CONSULTANT hereunder, as specified in Article V below, shall not be increased.
13 E. The CONSULTANT shall not submit bids, or sub-bids, for the contract
14 construction phase of any project for which CONSULTANT provides services hereunder. The
15 CONSULTANT, and all other service providers, shall not provide any project related services
16 for, or receive any project related compensation from any construction contractor, subcontractor
17 or service provider awarded a construction contract for all or any portion of any project for
18 which CONSULTANT provides services hereunder. The CONSULTANT, and all other service
19 providers, may provide services for, and receive compensation from a construction contractor,
20 subcontractor or service provider who has been awarded a construction contract for all or any
21 portion of such a project, provided that such services are provided for, and compensation
22 received for, work outside the scope of this Agreement.
23 The contact person(s) for the CONSULTANT shall be:
24 Name: Gary A. Blomgren Position Fresno Branch Manager
25 Telephone: (559,) 708-8865
26 E-Mail: bg lomgrengrmageoscience.com Web: www.nnacompanies.com
27 II. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT:
28 A. The work covered by this Agreement is for all or a portion of the services
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 enumerated under Article III for various projects on an as needed basis. The CONSULTANT
2 agrees to provide the professional services that are necessary for each project when expressly
3 authorized in writing by the Capital Projects Division Manager or his/her designated Project
4 Manager. Such work by CONSULTANT shall not begin until CONSULTANT has received a
5 written Notice to Proceed from COUNTY authorizing the necessary project services, the agreed
6 upon not-to-exceed fee for the project in accordance with the approved hourly fee schedule
7 (Exhibit A, attached) and scope of work. All submittals of documents associated with the
8 project by the CONSULTANT will be made in both hard copy and electronic format.
9 B. Throughout the term of this Agreement, the CONSULTANT shall collaborate and
10 partner with the COUNTY and other Project participants in the interest of maintaining the
11 Project budget and schedule and minimizing claims. Partnering may be instituted during design
12 and/or during construction phases. The scope of the project will determine the level of
13 partnering to be implemented. Sessions shall be attended by all associated project and executive
14 level staff requested by COUNTY, at no additional cost to COUNTY. All sessions are to be
15 conducted at the Fresno County Plaza Building, 2220 Tulare Street, Fresno, California 93721,
16 although the location of any session(s) is subject to change upon notice by COUNTY.
17 III. CONSULTANT'S SERVICES:
18 The CONSULTANT shall for each project:
19 A. Take direction from COUNTY staff concerning the project's parameters.
20 COUNTY shall provide CONSULTANT with instructions, or may rely on CONSULTANT's
21 professional judgement and experience to define testing and sampling methods and procedures,
22 accuracy standards and equipment required. Tasks assigned to the CONSULTANT may
23 include, but are not limited to:
24 1. Foundation testing and inspections
25 a. spread, drilled prier and shaft foundations
26 b. driven pile foundations
27 C. subsurface footings
28 2. Earthwork observations
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GEOTECIINICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 b. subgrade preparation
2 C. site preparation and fill placement
3 3. Soils and compaction testing
4 a. test borings
5 b. soil bearing values
6 C. anticipated settlements
7 d. lateral earth pressures
8 e. slope stability
9 f. deep foundation design parameters including vertical load capacity and
10 lateral movement
11 g. ground corrosion and resistivity
12 4. Hot mix asphalt, concrete, and masonry sampling, testing and inspections
13 a. ingredients and mix design
14 b. checking of production equipment and procedures
15 C. placement, curing and hardened specimens
16 d. laboratory testing of materials
17 5. Steel inspections and testing services
18 a. determination of physical and chemical properties
19 b. welding procedures
20 C. nondestructive testing
21 d. tests of paints for use on steel structures
22 e. cutting and bending of reinforcing bars
23 6. Perform water, water well and on-site sewage disposal systems inspections,
24 testing and analysis.
25 7. Prepare reports, recommendations and feasibility studies, and provide technical
26 review.
27 B. Verify that tests are conducted in accordance with American Society for Testing
28 and Materials (ASTM), California Department of Transportation (Caltrans) and/or other
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 COUNTY approved testing methods.
2 C. Maintain certification of its testing lab in the test methods applicable to the
3 service being performed by the American Association of State Highway and Transportation
4 Officials (AASHTO) Materials Reference Laboratory (AMRL). Certification by the California
5 Division of the State Architect(DSA) is a desired qualification.
6 D. If required for the construction of a project, propose and submit a recommended
7 testing and inspection list for materials identifying type, quantity, frequency, schedule, and cost
8 estimate of tests to be performed during construction.
9 E. Upon completion of the project, obtain from the Construction Contractor
10 ("Contractor") all information necessary to document all changes made to the project, proceed
11 to transfer the Contractor's record drawing changes onto the CONSULTANT's original
12 drawings or .003" mylar (matte one or both sides) reproducibles of the original drawings. The
13 complete record drawing set shall remain at all times the property of the COUNTY. Changes
14 shall be identified by cloud markings and shall identify date of change and its source, such as
15 from addenda, change order, or clarification.
16 IV. COUNTY'S OBLIGATIONS:
17 The COUNTY will, for each project:
18 A. Compensate the CONSULTANT as provided in this Agreement.
19 B. Provide a "COUNTY Representative" who will represent the COUNTY and who
20 will coordinate with the CONSULTANT as appropriate to facilitate CONSULTANT'S
21 performance of its obligations under this Agreement. The COUNTY Representative will be the
22 Capital Projects Division Manager or his/her designated representative through award of the
23 construction contract and the COUNTY Construction Engineer after award of the construction
24 contract through completion of the project by the Contractor. The CONSULTANT shall
25 communicate and coordinate with the COUNTY Representative who will provide the following
26 services as appropriate for each project:
27 1. Provide basic design layouts and drawing layouts as may be required for each
28 project unless otherwise agreed by the COUNTY and the CONSULTANT.
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 2. Prepare the title sheet for each project's plans unless otherwise agreed by the
2 COUNTY and the CONSULTANT.
3 3. Loan or provide copies of any available building plans to the CONSULTANT.
4 4. Examine documents submitted to the COUNTY by the CONSULTANT and
5 timely render decisions pertaining thereto.
6 5. Provide communication between the CONSULTANT and COUNTY officials
7 and commissions (including user Department).
8 C. Give reasonably prompt consideration to all matters submitted by the
9 CONSULTANT for approval to the end that there will be no substantial delays in the
10 CONSULTANT's program of work. Any approval, authorization or request to the
11 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms of
12 this Agreement only if it is made in writing and signed on behalf of the COUNTY by the
13 COUNTY Representative or his/her designee.
14 V. COMPENSATION:
15 A. Total Fee:
16 1. Notwithstanding any other provisions in this Agreement, the Total Fee for the
17 services required under this Agreement shall not exceed a total amount of five hundred
18 thousand dollars ($500,000) over the entire term of this Agreement, which shall be computed at
19 the hourly and cost rates shown in Exhibit A, attached hereto and incorporated herein, and not
20 to exceed agreed maximums for each phase of each project.
21 2. The rates listed herein are to remain in effect for the duration of this Agreement.
22 Rates may be renegotiated annually after the first anniversary from the date of execution of this
23 Agreement at CONSULTANT's request. CONSULTANT's request for annual rate adjustments
24 may not exceed the Engineering News Record's Construction Cost Index or the California
25 Consumer Price Index as published by the California Department of Industrial Relations for the
26 year, whichever is lower.
27 B. Basic Fee:
28 1. Within the Total Fee amount of five hundred thousand dollars ($500,000) over
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 the entire term of this Agreement, the Basic Fee for each project shall be as mutually agreed to
2 in writing between CONSULTANT and Capital Projects Division Manager or his/her
3 designated representative.
4 2. All expenses incidental to CONSULTANT's performance of services under
5 Article III of this Agreement shall be borne by CONSULTANT. Incidental expenses include,
6 but may not be limited to, transportation and travel, postage and courier services, photo and
7 duplicating services, telephone and facsimile charges, computer storage media, drawing and
8 plotting media, printing of"check print" plans and plan sets and documents specifically required
9 by the provisions of Article III of this Agreement.
10 3. CONSULTANT shall not add markup percentages or costs to subconsultant's
11 costs or incidental costs unless expressly authorized in writing by the COUNTY.
12 a. If the CONSULTANT becomes aware of potential unforeseen expenses that
13 would not be covered by the Basic Fee agreed to for a project, CONSULTANT shall inform the
14 COUNTY in writing of the extent and nature of such expenses or services. Upon mutual
15 agreement of the CONSULTANT and the COUNTY Representative, the scope of work and
16 agreed fee for a project may be amended in writing to cover such unforeseen expense or cost.
17 C. Payments:
18 1. Progress payments will be made by the COUNTY upon receipt of the
19 CONSULTANT's monthly invoices and approval by COUNTY thereof based on the
20 COUNTY's evaluation of the completion of the respective components of the project(s).
21 Invoices shall clearly identify the specific project, the phase of the project, the percent of the
22 work completed, agreed maximum fee, and description of the work performed, and shall be
23 submitted with the documentation identified in paragraph V.C.5 below. CONSULTANT shall
24 submit separate invoices for each phase of each project for work being performed under this
25 contract. Invoices shall be forwarded to:
26 Stuart G. Seiden, Division Manager
27 Capital Projects Division
28 Fresno County Public Works &Planning Department
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 2220 Tulare Street, Suite 610
2 Fresno, CA 93721-2104
3 2. Upon receipt of a proper invoice, the COUNTY Department of Public Works &
4 Planning will take a maximum of five (5) working days to review, approve, and submit it to the
5 COUNTY Auditor-Controller / Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
6 will be returned to the CONSULTANT for correction and resubmittal. Payment, less retention,
7 will be issued to CONSULTANT within forty (40) calendar days of the date the Auditor-
8 Controller/Treasurer-Tax Collector receives the approved invoice.
9 3. COUNTY is entitled to and shall withhold a five percent (5%) retention from the
10 earned compensation in accordance with the provisions of Article VII of this Agreement.
11 4. An unresolved dispute over a possible negligent error or omission may cause
12 payment of CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
13 5. Concurrently with the invoices, the CONSULTANT shall provide on COUNTY
14 request, pre-approved documentation, that complete payment, less a five percent (5%) retention,
15 has been made by CONSULTANT to all subconsultants as provided herein for all previous
16 invoices paid by the COUNTY. However, the parties do not intend that the foregoing creates in
17 any subconsultant or subcontractor a third party beneficiary status or third party beneficiary
18 rights, and expressly disclaim any such status or rights.
19 6. Final invoice, and separate invoice for retentions, shall be submitted to
20 COUNTY no later than thirty (30) days after a specific project is completed. Payment for
21 retentions for each project shall not be made until all services are completed for that project in
22 accordance with the provisions of Article IIl.
23 7. In the event the COUNTY reduces the scope of a specific project, the
24 CONSULTANT will be compensated on an hourly basis,not to exceed the agreed maximum for
25 that authorized phase, for actual work completed and accepted by the COUNTY in accordance
26 with the terms of this Agreement.
27 VI. COMPENSATION RECORDS:
28 The CONSULTANT shall keep complete records for the period of time referenced in
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 Article VIII.C, showing the hours and description of activities performed by each person who
2 works on the project and all associated costs or charges applicable to work covered by the basic
3 fee. The CONSULTANT will be responsible for all subconsultants keeping similar records.
4 VII. RETENTION FROM EARNED COMPENSATION:
5 The COUNTY is entitled to and may withhold a five percent (5%) retention from the
6 earned compensation of the CONSULTANT separately for each project. Such retention from
7 earned compensation may, at the COUNTY'S option, be applied to all phases of the consultant
8 services of a project to be provided under this Agreement, including those phases completed.
9 VIII. AUDITS,ACCOUNTING AND INSPECTIONS ACCESS:
10 A. The CONSULTANT shall establish accounting and bookkeeping practices
11 including, but not limited to, employee time cards, payrolls, and other records of transactions
12 including those to be paid from State Grant and Federal Grant funds in accordance with the
13 performance of this Agreement.
14 B. The CONSULTANT shall at any time during regular business hours, and as often as
15 the COUNTY may deem necessary, make available for examination by the Comptroller General
16 of the United States, United States Department of Housing and Urban Development (HUD),
17 State of California or the COUNTY Auditor-Controller / Treasurer-Tax Collector, or their
18 authorized representatives, all of CONSULTANT'S records and data with respect to matters
19 covered by this Agreement. The CONSULTANT shall permit Federal, State, or COUNTY
20 authorities to audit and inspect all invoices, materials, payrolls, records of personnel, conditions
21 of employment, and other data relating to matters covered by this Agreement.
22 C. The CONSULTANT shall be subject to the examination and audit of the Auditor
23 General for a period of three (3) years after final payment under this Agreement (Government
24 Code Section 8546.7).
25 IX. ERRORS OR OMISSION CLAIMS AND DISPUTES:
26 A. Definitions:
27 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
28 professional services, acting as a business entity (owner, partnership, corporation,joint venture
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 or other business association) in accordance with the terms of an Agreement with the
2 COUNTY.
3 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of
4 right, adjustment or interpretation of contract terms, payment of money, extension of time,
5 change orders, or other relief with respect to the terms of the contract. The term "Claim" also
6 includes other disputes and matters in question between the COUNTY and CONSULTANT
7 arising out of or relating to the contract. Claims must be made by written notice. The
8 provisions of Government Code Section 901, et seq., shall apply to every claim made to
9 COUNTY. The responsibility to substantiate claims shall rest with the party making the claim.
10 The term "Claim" also includes any allegation of a negligent error or omission by the
11 CONSULTANT.
12 B. In the spirit of cooperation between the COUNTY and CONSULTANT, the
13 following procedures are established in the event of any claim or dispute by COUNTY or
14 CONSULTANT alleging a negligent error, act, or omission.
15 1. Claims, disputes or other matters in question between the parties, arising out of
16 or relating to this Agreement, shall not be subject to arbitration, but shall be subject to the
17 following procedures.
18 2. The Capital Projects Division Manager or his/her designated representative of
19 and CONSULTANT shall meet and confer and attempt to reach agreement on any dispute,
20 including what damages have occurred, the measure of damages and what proportion of
21 damages, if any, shall be paid by either party. The parties agree to consult and consider the use
22 of mediation or other form of dispute resolution prior to resorting to litigation.
23 3. If the COUNTY and CONSULTANT cannot reach agreement under the
24 immediately preceding paragraph IX.B.2, the disputed issues may, upon concurrence by all
25 parties, be submitted to a panel of three (3) for a recommended resolution. The
26 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the third
27 member shall be selected by the other two panel members. The discovery rights provided by
28 California Code of Civil Procedure for civil proceedings shall be available and enforceable to
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 resolve the disputed issues. Either party requesting this dispute resolution process shall, when
2 invoking the rights to this panel, give to the other party a notice describing the claims, disputes
3 and other matters in question. Prior to twenty (20) days before the initial meeting of the panel,
4 both parties shall submit all documents such party intends to rely upon to resolve such dispute.
5 If it is determined by the panel that any party has relied on such documentation, but has failed to
6 previously submit such documentation on a timely basis to the other party, the other party shall
7 be entitled to a twenty (20) -day continuance of such initial meeting of the panel. The decision
8 by the panel is not a condition precedent to arbitration, mediation or litigation.
9 4. Upon receipt of the panel's recommended resolution of the dispute issues, the
10 COUNTY and the CONSULTANT shall again meet and confer and attempt to reach agreement.
11 If the parties still are unable to reach agreement, each party shall have recourse to all
12 appropriate legal and equitable remedies.
13 C. The procedures to be followed in the resolution of claims and disputes may be
14 modified at any time by mutual agreement of the parties hereto.
15 D. The CONSULTANT shall continue to perform its obligations under this Agreement
16 pending resolution of any dispute, and the COUNTY shall continue to make payments of all
17 undisputed amounts due under this Agreement.
18 E. When a claim by either party has been made alleging the CONSULTANT's
19 negligent error, act, or omission, the COUNTY Capital Projects Division Manager or his/her
20 designated representative and the CONSULTANT shall meet and confer within twenty-one (21)
21 days after the written notice of the claim has been provided.
22 X. JOINDER OF PARTIES:
23 The CONSULTANT, the CONSULTANT's consultants of any tier, subcontractors of
24 any tier, suppliers and construction lenders shall all be bound by the dispute resolution
25 provisions of this Agreement, and immediately upon demand of COUNTY or CONSULTANT,
26 shall participate in and shall become parties to the dispute resolution process, provided they
27 have signed any document that incorporates or refers to the dispute resolution provisions of this
28 Agreement. Failure of CONSULTANT, whether intended or inadvertent, to ensure that such
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 nonparties have signed such a document shall inure only to CONSULTANT's detriment, if any
2 there be. COUNTY shall not suffer a detriment by CONSULTANT's action or inaction in this
3 regard. If such a party after due notice fails to appear at and participate in the dispute resolution
4 proceedings, the panel established in accordance with the provisions of paragraph IX.B.3 shall
5 make a decision based on evidence introduced by the party or parties who do participate.
6 XI. CONSULTANT'S OBLIGATIONS RELATING TO CONSTRUCTION CLAIMS:
7 A. The CONSULTANT will review and analyze construction contract claims and
8 recommend resolution of them as soon as possible following receipt of demand by COUNTY.
9 B. Within a reasonable time after receipt of a claim, the CONSULTANT shall provide a
10 written analysis of the claim to the COUNTY, signed by the CONSULTANT and any affected
11 subconsultants. The written analysis shall include the CONSULTANT's professional opinion of
12 the responsibility for payment of the claim,with supporting facts and documentation. A copy of
13 the written analysis shall be provided to the respective insurance adjusters for CONSULTANT
14 and any affected subconsultant.
15 C. Upon receipt of a claim, the CONSULTANT may also take one (1) or more of the
16 following actions, within ten(10) days of receipt of a claim:
17 1. Request additional supporting data from the claimant, requiring that such data be
18 supplied within ten(10) days of the request;
19 2. Submit a schedule to the parties indicating when the CONSULTANT expects to
20 respond to the claim, which schedule shall not exceed thirty (30) days from CONSULTANT's
21 original receipt of the claim;
22 3. Recommend rejection of the claim in whole or in part, stating the reasons for
23 such rejection;
24 4. Recommend approval of the claim by the other party, or
25 5. Suggest a compromise.
26 D. In every case, CONSULTANT shall provide its recommended resolution of a claim
27 within thirty (30) days from the original receipt of claim, unless the CONSULTANT obtains
28 COUNTY's prior written approval.
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 XII. INDEPENDENT CONTRACTOR:
2 A. In performance of the work, duties, and obligations assumed by CONSULTANT
3 under this Agreement, it is mutually understood and agreed that CONSULTANT, including any
4 and all of CONSULTANT's officers, agents and employees, will at all times be acting and
5 performing as an independent contractor, and shall act in an independent capacity and not as an
6 officer, agent, servant, employee, joint venturer, partner or associate of the COUNTY.
7 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
8 method by which CONSULTANT shall perform its work and function. However, COUNTY
9 shall retain the right to administer this Agreement so as to verify that CONSULTANT is
10 performing its obligations in accordance with the terms and conditions thereof.
11 CONSULTANT and COUNTY shall comply with all applicable provisions of law and the rules
12 and regulations, if any, of governmental authorities having jurisdiction over matters the subject
13 thereof.
14 B. Because of its status as an independent contractor, CONSULTANT shall have
15 absolutely no right to employment rights and benefits available to COUNTY employees.
16 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of its
17 employees all legally required employee benefits. In addition, CONSULTANT shall be solely
18 responsible and save COUNTY harmless from all matters relating to payment of
19 CONSULTANT's employees, including compliance with Social Security, withholding, and all
20 other regulations governing such matters. It is acknowledged that during the term of this
21 Agreement CONSULTANT may be providing services to others unrelated to the COUNTY or
22 to this Agreement.
23 XIII. PARTIES BOUND BY AGREEMENT:
24 This Agreement shall be binding upon the COUNTY, the CONSULTANT, and their
25 respective successors in interest, legal representatives, executors, administrators, and assigns
26 with respect to all covenants as set forth herein.
27 XIV. REQUIRED APPROVALS:
28 It is understood that the CONSULTANT shall not assign, sublet, subcontract, or transfer
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 any of CONSULTANT's rights, duties, or obligations under this Agreement, without the prior
2 express, written consent of the COUNTY. Such consent and approval may be given only by the
3 COUNTY Board of Supervisors.
4 XV. COMPLIANCE WITH LAWS:
5 A. CONSULTANT shall comply with all Federal, State, and local laws, ordinances,
6 regulations, and Fresno County Charter Provisions in effect at the time of CONSULTANT's
7 performance of the professional services to be provided hereunder. This includes payment of
8 prevailing wages for any covered work performed by consultant's employees hereunder on any
9 public works project as required by the provisions of the California Labor Code, and may also
10 include compliance with any payroll reporting requirements thereunder if expressly identified in
11 either a Request for Proposal or a Notice to Proceed sent by COUNTY to CONSULTANT
12 requesting professional services hereunder for a specific project.
13 B. CONSULTANT shall submit a current version of its Illness and Injury Prevention
14 Plan (IIPP), applicable safety programs and contact information for the CONSULTANT's
15 responsible person for these programs to the COUNTY Representative at the time this
16 Agreement is signed by the CONSULTANT. Throughout the term of this Agreement,
17 Consultant shall provide updates to the safety plans and programs to the COUNTY
18 Representative as they are implemented.
19 XVI. GOVERNING LAW:
20 A. Any controversy or claim arising out of or relating to this Agreement which cannot
21 be amicably settled without court action shall be litigated either in a State court for Fresno
22 County, California, or in the U.S. District Court for the Eastern District of California, located in
23 Fresno County.
24 B. The rights and obligations of the parties and all interpretations and performance of
25 this Agreement shall be governed in all respects by the laws of the State of California.
26 XVII. AMENDMENTS:
27 Any changes to this Agreement requested either by the COUNTY or CONSULTANT
28 may only be effected if mutually agreed upon in writing by duly authorized representatives of
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 the parties hereto. This Agreement shall not be modified or amended, nor shall any rights of a
2 party hereto be waived, except by such in writing.
3 XVIII.CONSULTANT'S LEGAL AUTHORITY:
4 A. Each individual executing this Agreement on behalf of CONSULTANT hereby
5 covenants, warrants, and represents:
6 1. That he or she is duly authorized to execute and deliver this Agreement on behalf
7 of such corporation in accordance with a duly adopted resolution of the corporation's board of
8 directors and in accordance with such corporation's articles of incorporation or charter and
9 bylaws;
10 2. That this Agreement is binding upon such corporation; and
11 3. That CONSULTANT is a duly organized and legally existing corporation in
12 good standing in the State of California.
13 XIX. HOLD HARMLESS:
14 A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers,
15 agents, and employees, against the payment of any and all costs and expenses (including
16 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily
17 and personal injury to or death of any person or for loss of any property resulting from or
18 arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT, its
19 officers, agents, and employees, in performing or failing to perform any work, services, or
20 functions under this Agreement.
21 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate in
22 the defense of any claim, suit, or other action alleging liability, arising from the performance or
23 failure to perform of any COUNTY construction contractor or subcontractor in connection with
24 any project for which CONSULTANT has been retained under Article III above. Such
25 cooperation may include an agreement to prepare and present a cooperative defense after
26 consultation with CONSULTANT's professional liability insurance carrier.
27 XX. LIABILITY INSURANCE:
28 A. Prior to commencing the duties under the Agreement with the COUNTY, the
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GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT shall furnish the COUNTY, at no additional cost to the COUNTY, certificates
2 for the following insurance policies which shall be kept in force during the term of the
3 Agreement (i.e., until the Agreement is terminated or it expires), and for such additional time as
4 may be specified herein with respect to a particular type of policy.
5 1. Commercial General Liability Insurance or Comprehensive General Liability
6 Insurance, naming the COUNTY as an additional insured, with limits of not less than one
7 million dollars ($1,000,000) per occurrence, with an annual aggregate of not less than two
8 million dollars ($2,000,000).
9 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of
10 not less than two hundred fifty thousand dollars ($250,000) per person, five hundred thousand
11 dollars ($500,000) per accident and for property damages of not less than fifty thousand dollars
12 ($50,000), or such coverage with a combined single limit of five hundred thousand dollars
13 ($500,000).
14 3. Worker's Compensation insurance policy as required by the California Labor
15 Code.
16 4. Professional Liability Insurance:
17 a. Professional Liability Insurance with limits of not less than one million
18 dollars ($1,000,000) per occurrence, three million dollars ($3,000,000) annual aggregate, and
19 with a deductible not to exceed fifty thousand dollars ($50,000). A deductible greater than fifty
20 thousand dollars ($50,000) will be acceptable to the COUNTY receiving satisfactory, certified
21 information of the CONSULTANT's ability to support such a deductible. The financial ability
22 to support the difference between fifty thousand dollars ($50,000) and the greater deductible
23 amount requested by the CONSULTANT shall be guaranteed by any of the following:
24 1). Cash deposit with a trustee bank.
25 2). Irrevocable letter of credit issued by a bank for the same time period as
26 specifically referenced in subparagraph XX.A.4.c herein.
27 3). Withholding payment under terms of the Agreement for the same time
28 period as specifically referenced in subparagraph XX.A.4.c. herein.
Page 16 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 b. CONSULTANT and subconsultants shall make full disclosure, in writing to
2 the COUNTY, of all pending and open claims and disputes during the course of this Agreement
3 that affect the specified aggregate limits of the Professional Liability Insurance policy.
4 c. Professional Liability Insurance shall be kept in force for a minimum of two
5 (2) years past the date of final payment to CONSULTANT, and including the full and final
6 resolution of all claims, disputes, and matters in question regarding the project.
7 d. In the event that CONSULTANT voluntarily changes, or involuntarily
8 changes due to circumstances beyond its control, its Professional Liability Insurance policy
9 carrier during the period such coverage is required to be in force (as specified in the
10 immediately preceding subparagraph c. of this Article XX, Section A, Paragraph 4), such new
11 policy shall include prior acts coverage retroactive, at least, to the date of execution of this
12 Agreement. CONSULTANT may, at its option and expense, purchase supplemental or "tail"
13 coverage from the former policy carrier, negotiate a retroactive reporting date with the new
14 policy carrier for claims incurred but not reported as of the date of change in policy carrier, and
15 shall in any event maintain Professional Liability Insurance in a manner that provides
16 continuous coverage to the COUNTY throughout the term of this Agreement, and for a period
17 of two (2) years past the issuance of final payment to the CONSULTANT.
18 B. CONSULTANT shall give COUNTY at least thirty (30) days written advance notice
19 of any expiration, cancellation or reduction in the coverage of any of the aforesaid policies.
20 C. The COUNTY, its officers, agents and employees, individually and collectively,
21 shall be named as an additional insured under the policy for Commercial General Liability
22 Insurance or Comprehensive General Liability Insurance, but only insofar as the operations
23 under this Agreement are concerned. Such coverage of COUNTY as additional insured shall
24 apply as primary insurance and any other insurance, or self-insurance, maintained by the
25 COUNTY, its officers, agents, and employees, shall be excess only and not contributing with
26 insurance provided under the CONSULTANT's policies herein.
27 D. In the event CONSULTANT fails to keep in effect at all times insurance coverage as
28 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or
Page 17 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 terminate this Agreement upon the occurrence of such event.
2 E. All policies shall be issued by admitted insurers licensed to do business in the State
3 of California and possessing a current A.M. Best,Inc. rating of A FSC VII or better.
4 XXI. OWNERSHIP OF DOCUMENTS:
5 A. CONSULTANT understands and agrees that COUNTY shall retain full ownership
6 rights of the drawings and the work-product of CONSULTANT for each project, to the fullest
7 extent permitted by law. In this regard, CONSULTANT acknowledges and agrees that
8 CONSULTANT's services are on behalf of COUNTY and are "works made for hire," as that
9 term is defined in copyright law, by COUNTY; that the drawings and work-product to be
10 prepared by CONSULTANT are for the sole and exclusive use of COUNTY, and shall be the
11 sole property of COUNTY and its assigns, and the COUNTY and its assigns shall be the sole
12 owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible
13 rights of any kind or nature in connection therewith; that all the contractual or intangible rights
14 of any kind or nature, title, and interest in and to the drawings and work-product will be
15 transferred to COUNTY by CONSULTANT, and CONSULTANT will assist COUNTY to
16 obtain and enforce patents, copyrights, trademarks, trade secrets, and other contractual and
17 intangible rights relating to said drawings and work-product; that COUNTY shall be and
18 become the owner of such drawings and work product, free and clear of any claim by
19 CONSULTANT or anyone claiming any right through CONSULTANT. CONSULTANT
20 further acknowledges and agrees that COUNTY's ownership rights in such drawings and work
21 product shall apply regardless of whether such drawings or work product, or any copies thereof,
22 are in the possession of CONSULTANT, or any other person, firm, corporation, or entity. For
23 the purpose of this Agreement the terms "drawings and work-product" shall mean all reports
24 and study findings commissioned to develop the design of each project, drawings and schematic
25 or preliminary design documents of each project, certified reproducibles of the original final
26 construction contract drawings of each project, specifications of each project, the approved
27 opinion of probable construction cost of each project, record drawings of each project, as-built
28 plans of each project, and discoveries, developments, designs, improvements, inventions,
Page 18 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 formulas, processes, techniques, or specific know-how and data generated or conceived or
2 reduced to practice or learning by CONSULTANT, either alone or jointly with others, that
3 result from the tasks assigned to CONSULTANT by COUNTY under this Agreement. County
4 acknowledges and agrees that details, concepts, ideas, devices, configurations, and designs
5 previously developed or used by the CONSULTANT, or developed by the CONSULTANT
6 without COUNTY compensation, shall remain the property of the CONSULTANT and use is
7 granted to COUNTY only for the specific project undertaken under this Agreement.
8 B. If a project is terminated prior to completion of the construction document phase of
9 any project under Article III, a reproducible copy and electronic files of documents as
10 completed at the time of termination of the project shall be submitted by CONSULTANT to the
11 COUNTY, which may use them to complete each project in future phases.
12 C. If the project is terminated at the completion of the construction document phase of
13 any project, a reproducible copy and electronic files of final construction contract drawings
14 (both .dwg and .plt files), specifications, and approved opinion of probable construction cost
15 shall be submitted by CONSULTANT to COUNTY.
16 D. Documents, including drawings and specifications, prepared by CONSULTANT for
17 any project pursuant to this Agreement are not intended or represented to be suitable for reuse
18 by COUNTY or others on extensions of the services provided for that project or any other
19 project. Any use of completed documents for other projects and/or any use of uncompleted
20 documents will be at COUNTY's sole risk and without liability or legal exposure to
21 CONSULTANT.
22 E. COUNTY has requested that certain machine readable information and CAD data on
23 construction documents be provided by CONSULTANT for each project under this Agreement.
24 Such machine readable information and CAD data are more specifically described in Article III.
25 CONSULTANT shall not be liable for claims, liabilities or losses arising out of, or connected
26 with:
27 1. The modification or misuse by COUNTY, or anyone authorized by COUNTY, of
28 such machine readable information and CAD data; or
Page 19 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 2. Decline of accuracy or readability of machine readable information and CAD
2 data due to inappropriate storage conditions or duration; or
3 3. Any use by COUNTY, or anyone authorized by COUNTY, of such machine
4 readable information and CAD data for additions to any such project or for the completion of
5 any such project by others, or for other projects.
6 XXII. TERM AND TIME OF COMPLETION:
7 A. Upon request of the Capital Projects Division Manager or his/her designated
8 representative, the CONSULTANT shall submit for the Capital Projects Division Manager or
9 his/her designated representative's approval, schedules for the performance of the
10 CONSULTANT's services which may be adjusted by mutual agreement as the projects proceed,
11 and shall include allowances for periods of time required for the COUNTY's review and
12 approval of submissions by authorities having jurisdiction over the projects. Time limits
13 established by these schedules approved by Capital Projects Division Manager or his/her
14 designated representative shall not, except as provided in this Agreement, be exceeded by the
15 CONSULTANT.
16 B. CONSULTANT shall diligently proceed with the agreed scope of services and shall
17 provide such services in a timely manner. Failure of the CONSULTANT to meet any deadline
18 listed in the above-referenced schedules once such failure continues more than seven (7)
19 calendar days past the specified completion date (unless the delay is attributable to the
20 COUNTY or State), is sufficient cause to immediately terminate this Agreement, at the option
21 of the COUNTY, in accordance with Section XXIII.C.
22 C. This Agreement shall become effective upon approval by COUNTY's Board of
23 Supervisors, on the date first set forth above, for a base term of three (3) years, and shall expire
24 at the conclusion of said base term unless extended by COUNTY for a maximum of two (2)
25 additional one-year periods upon provision of written notice by the Director of the Department
26 of Public Works and Planning or his/her designee, or unless it is terminated earlier in
27 accordance with the provisions of Article XXIII.
28
Page 20 of 24 Pages
GEOTECIINICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 XXIII.TERMINATION OF AGREEMENT:
2 A. This Agreement may be terminated without cause at any time by the COUNTY upon
3 thirty (30) calendar days written notice. If the COUNTY terminates this Agreement, the
4 CONSULTANT shall be compensated for services satisfactorily completed to the date of
5 termination based upon the compensation rates and subject to the maximum amounts payable
6 agreed to in Article V, together with such additional services satisfactorily performed after
7 termination which are expressly authorized by the COUNTY Representative in order to
8 conclude the work performed to date of termination.
9 B. If the CONSULTANT purports to terminate the Agreement, or otherwise refuses to
10 perform pursuant to the Agreement, for reasons other than material breach by the COUNTY, the
11 CONSULTANT shall reimburse the COUNTY, up to a maximum of seven thousand, five
12 hundred dollars ($7,500) for the actual expense of issuing a Request For Proposal (RFP),
13 engaging a new CONSULTANT, and the new CONSULTANT's cost in becoming familiar with
14 the previous CONSULTANT's design.
15 C. The COUNTY may immediately suspend or terminate this Agreement in whole or in
16 part, where in the determination of the COUNTY there is:
17 1. An illegal or improper use of funds;
18 2. A failure to comply with any term of this Agreement;
19 3. A substantially incorrect or incomplete report submitted to the COUNTY;
20 4. Improperly performed service.
21 D. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
22 of any breach of this Agreement or any default which may then exist on the part of the
23 CONSULTANT, nor shall such payment impair or prejudice any remedy available to the
24 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand
25 of the CONSULTANT the repayment to the COUNTY of any funds disbursed to the
26 CONSULTANT under this Agreement, which, in the judgment of the COUNTY and as
27 determined in accordance with the procedures of Article IX ("Errors or Omissions Claims and
28 Disputes"), were not expended in accordance with the terms of this Agreement. The
Page 21 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT shall promptly refund any such funds upon demand.
2 E. The terms of this Agreement, and the services to be provided thereunder, are
3 contingent on the approval of funds by the appropriating government agency. Should sufficient
4 funds not be allocated, the services provided may be modified, or this Agreement terminated at
5 any time by giving the CONSULTANT thirty(30) days advance written notice.
6 XXIV.CONFLICT OF INTEREST:
7 The CONSULTANT shall comply with the provisions of the Fresno County Department
8 of Public Works Conflict of Interest Code, attached hereto as Exhibit B and incorporated herein.
9 Such compliance shall include the filing of annual statements pursuant to the regulations of the
10 State Fair Political Practices Commission.
11 XXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS
12 A. This provision is only applicable if the CONSULTANT is operating as a corporation
13 (a for-profit or non-profit corporation) or if during the term of this AGREEMENT, the
14 CONSULTANT changes its status to operate as a corporation.
15 B. Members of the CONSULTANT'S Board of Directors shall disclose any self-
16 dealing transactions that they are a party to while the CONSULTANT is providing goods or
17 performing services under this Agreement. A self-dealing transaction shall mean a transaction
18 to which the CONSULTANT is a party and in which one or more of its directors has a material
19 financial interest. Members of the CONSULTANT'S Board of Directors shall disclose any
20 self-dealing transactions that they are a party to by completing and signing a Self-Dealing
21 Transaction Disclosure Form (attached as Exhibit C and incorporated herein by this reference);
22 and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
23 immediately thereafter.
24 XXVI. ENTIRE AGREEMENT:
25 This Agreement constitutes the entire agreement between the COUNTY and the
26 CONSULTANT with respect to the subject matter hereof and supersedes all previous
27 negotiations, proposals, commitments, writings, advertisements, publications, and
28 understandings of any nature whatsoever unless expressly included in this Agreement.
Page 22 of 24 Pages
GEOTECHNICAL ENGINEERING CONSULTANT SERVICES AGREEMENT
1 XXVII. SEVERABILITY:
2 Should any provision herein be found or deemed to be invalid, this Agreement shall be
3 construed as not containing such provision, and all other provisions which are otherwise lawful
4 shall remain in full force and effect, and to this end the provisions of this Agreement are hereby
5 declared to be severable.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 CONSULTANT COUNTY OF FRESNO
4
BY: / BY:
5 GARY A. MMQUEN ERNEST BUDDY MENDES,CHAIRMAN
TITLE: FRESNO BRANCH MANAGER BOARD OF SUPERVISORS
6 RMA GEOSCIENCE
3897 NORTH ANN AVENUE
7 FRESNO, CA 93727
8
REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL FORM:
9 FOR APPROVAL DANIEL C. CEDERBORG, COUNTY
10 COUNSEL
11
l
12 BY: BY:
o.�Gu'y..-.G✓t�•�sn— ,
ALAN WEAVER,DIRECTOR DEPUTY
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
18 BY: C'
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
24 Board of Supervisors
B
25 L Deputy
26
27
28
Page 24 of 24 Pages
EXHIBIT A
Every F>n;j�tt Ttitter crwv. n ,nexri n�;.can:
Fresno County On-Cal(Prevailing Wage Fee Schedule-2016
PERSONNEL RATES LABORATORY TESTS
Professional and Office Staff Aggregate Tests
Staff Type Rate/Cost Description Rate/Cost
Principal Engineer $175.00/hour ASTM C131 Abrasion, Los Angeles Rattler $144.00/each
Principal Geologist $175.00/hour ASTM C40 Organic Impurities in Fine Agg $60.00/each
Project Engineer $142.00/hour ASTM D4791 Flat&Elongated Particles $98.00/each
Project Geologist $120.00/hour ASTM D5821 Percent Fractured Particles $100.00/each
Project Manager $110.00/hour ASTM C123 Percent Lightweight Particles $186.00/each
Quality Control Manager $142.00/hour ASTM C566 Moisture Content by Drying $18.00/each
Qualified SWPPP Developer $150.00/hour ASTM C1252 Angularity and Voids in Fine Agg $125.00/each
Staff Engineer $85.00/hour ASTM C117 Materials Finer than No.200 $65.00/each
Staff Geologist $85.00/hour ASTM C289 Alkali Silica Reaction $350.00/each
Drafting r $55.00/hour ASTM D2419 Sand Equivalent Value $100.00/each
Administrative $40.00/hour ASTM C136 Sieve Analysis-Combined Sample $98.00/each
Inspectars and Techniclans ASTM C136 Sieve Analysis-Fine Aggregate $68.00/each
Staff Type Rate/Cost ASTM C136 Sieve Analysis-Coarse Aggregate $68.00/each
Engineering Technician $84.00/hour ASTM C88 Soundness by Sodium Sulfate $83.00/each
Laboratory Technician $55.00/hour ASTM C127 Specific Gravity of Coarse Agg $95.00/each
Batch Plant Inspector $86.00 thour ASTM C128 Specific Gravity of Fine Agg $119.00/each
Special inspector $86.00/hour ASTM C142 Clay and Friable Particles $62.00/each
Special Inspector-Masonry $88.00/hour AASHTO T304 Angularity and Voids in Fine Agg $125.00/each
Non-DestructiveTesting(NDT)MT/PT/UT Level II $86.00/hour Asphalt Tests
Qualified SWPPP Practitioner $100.00/hour Description Rate/Cost
SWPPP Inspector $90.00/hour ASTM D2726 Core Density(SSD) $30.00/each
Field Supervisor $100.00/hour ASTM D1188 Core Density Parafilm Coated $35.00/each
Pick-up and Delivery of Test Specimens $65.00/hour ASTM D6926 Lab Max Density Marshall Method $195.00/each
ASTM D6927 Marshall Stability and Flow $155.00leach
EXPLORATORY AND FIELD TESTING EQUIPMENT ASTM D1561 LTMD Kneading Compactor $220.00/each
Description Rate/Cost ASTM D1560 Hveem Stability $205.00/each
Dutch Cone Penetrometer with Operator $185.00/hour ASTM D1560 Hveem Stability and Density $245.00/each
Hollow Stem Auger Drill Rig with Operator $250.00/hour ASTM D2041 Maximum Theoretical Density $175.00/each
Portable Drilling Equipment with Operator $275.00/hour ASTM D6307 Asphalt Content by Ignition $135.00/each
Bucket Auger Drill Rig with Operator $300.00/hour ASTM D6307 Ignition Oven Calibration $250.00/each
Air Rotary Drill Rig with Operator $350.00/hour ASTM D2172 Asphalt Content by Solvents $200.00/each
Rotary Wash Drill Rig with Operator $350.00/hour ASTM D4125 Asphalt Content by Nuclear Gauge$175.00/each
Diamond Bit Core Rig and Generator $200.00/hour ASTM D 5444 Gradation of Extracted Aggregate $108.00/each
Field Truck with Equipment $30.00/day ASTM D244 Emulsion Residue,Evaporation $175.00/each
Nuclear Density Test Gage $25.00/day ASTM D244 Emulsion Sieve Analysis $115.00 leach
Hand Held Turgidity Meter $15.00/day ASTM D3910 Wet Tract Abrasion $150.00/each
Ultrasonic Test Unit $25.00/day AASHTO T283 Tensile Strength Ratio $750.00/each
Magnetic Particle Test Unit $15.00/day Concrete Tests
Skidmore $30.00/day Description Rate/Cost
Schmidt Hammer $20.00/day Mix Design Review-Calculations Only $300.00/each
Torque Wrench $20.00/day ASTM C39 Concrete Cylinder Cured or Tested $22.00/each
Proof Load Testing Equipment $45.00/day ASTM C39 Cylinder Tested out of Sequence $34.00 leach
Slab Moisture Test Kit $50.00/each ASTM C42 Compressive Strength-Core $26.00/each
Profilograph with Data Recorder $265.00/hour ASTM C495 Lightweight Concrete Strength $45.00/each
pH Meter $10.00/day ASTM C78 Flexural Strength-Beam $72.00/each
ASTM C39 Gunite Cyi Compression Test $22.00/each
ASTM C1140 Shotcrete Panel Test $232.00/each
ASTM C649 Concrete Modulus of Elasticity $225.00/each
ASTM C157 Linear Shrinkage(Set of 3) $430.00/each
ASTM C138 Unit Weight of Concrete $55.00/each
ASTM C496 Splitting Tensile Test $62.00/each
AASHTO T 336 Coefficient of Thermal Expansion$500.00/each
Fresno County-Fee Schedule December 4,2015
2016 On-Call Engineering Services RMA Project No.:14-G64-P
EXHIBIT A
E: cr-.Tw*Jtrt tatteta w vw rrtvge�;scrennncom
Fresno County On-Call Prevailing Wage Fee Schedule-2016
Capra=Tests Afasonry Tests(cont'd)
Description Rate/Cost Description Rate/Cost
CT 202 Sieve Analysis-Combined Sample $145.00/each ASTM C67 Brick 5 Hour Boil $95.00/each
CT 202 Sieve Analysis-Fine Aggregate $125.00/each ASTM C67 Brick Modulus of Rupture $95.00/each
CT 202 Sieve Analysis-Coarse Aggregate $110.00/each ASTM C780 Mortar Cylinder Compression $62.00/set
CT 204 Plasticity Index Atterberg $195.00/each ASTM C1019 Grout Prism Compression $93.00/set
CT 205 Percentage Crushed Particles $125.00/each ASTM C1314 Masonry Core Cmp Str 8"max dia $65.00/each
CT 206 Specific Gravity of Coarse Aggregate $95.00/each ASTM C1314 Masonry Core Shear 8"max dia $75.00/each
CT 207 Specific Gravity of Fine Aggregate $130.00/each ASTM E519 Assemblage Comp Str 8"Block $85.00/each
CT 208 Apparent Specific Gravity of Fines $145.00/each ASTM E519 Assemblage Comp Str 12"Block $100.00/each
CT 209 Specific Gravity of Soils $175.00/each ASTM E519 Assemblage Comp Str 16"Block $125.00/each
CT 211 Abrasion by Los Angeles Rattler $190.00/each ASTM C109 Compression Test 2"Cube $30.00/each
CT 213 Organic Impurities in Sand $95.00/each Soil Tests
CT 214 Soundness by Sodium Sulfate $375.00/each Description Rate/Cost
CT 216 California Impact Max Density $175.00/each ASTM D4318 Plasticity Index of Soils $125.00/each
CT 216 CA Impact Max Dens-Rock Correction $45.00/each
CT 217 Sand Equivalent Value $100.00/each ASTM D1883 CA Bearing Ratio of Soils $422.00/each
ASTM D2435 Consolidation $200.00/each
CT 227 Moisture Content by Oven Drying $12150.00/each ASTM D2435 Consolidation,with Time Rate $170.00/each
CT 229 Cleanness Value $211.00 leach ASTM D3080 Direct Shear,Consol&Drained $180.00/each
CT 234 Durability Index $125.00 leach ASTM D4829 Expansion Index of Soils $150.00/each
CT 234 Angularity&Voids Fine Aggregate $225.00 leach ASTM D2166 Unconfined Comp Strength $103.00/each
CT 301 Flat and Elongated Particles $222.00 leach ASTM D2434 Const Head Permeability Test $238.00/each
CT 301 Resistance R-Value Stabilometer $222.00/each ASTM D5333 Hydro-Collapse Potential $175.00/each
CT 304/308 LTMD Kneading Compactor $220.00 0.00/each
CT 303 Approximate Bitumen Ratio $2 /each ASTM D2050 Tri-Axial Shear Strength $350.00/each CT 305 Swell of Bituminous Mixtures $285.00/each ASTM D422 Hydrometer Analysis $134.00/eachASTM D854 Specific Gravity of Soils $129.00/each
CT 308(A)Core Density Paraffin Coated $35.00/each ASTM 4546 Swell Potential 129$93.00/each
CT 308(C)Core Density SSD $30245.00 leach ASTM D4943 Shrinkage Factor by Resin $190.00/each
CT 308,CT Maximum
Stability ti Density $175.00 leach ASTM D559 Soil Cement Sample Preparation $75.00/each
CT 309 Maximum Theoretical Density $175.00/each
CT 366 Stabilometer Value $205.00/each ASTM D558 Soil Cement Maximum Density $200.00 leach
CT 370 Moisture Content by Microwave $52.00/each ASTM D1633 Compression Test Soil Cement $55.00/each
CT 371 Tensile Strength Ratio $1,100.00/each ASTM D2937 In-Place Density, Drive Cylinder $20.00/each
CT 379 Asphalt Content Nuclear Gauge $175.00/each ASTM D2216 Soil Moisture Content by Mass $8.00 leach
CT 382 Asphalt Content,Correction Factor $250.00/each ASTM D698 Maximum Density Std Effort $170.00 leach
CT 382 Asphalt Content by Ignition Oven $135.00/each ASTM D1557 Max Density Optimum Moisture $175.00/each
CT 417 Soluble Sulfates $45.00/each ASTM D2974 Moisture,Ash,Organic Matter $75.00/each
CT 422 Chloride Content $60.00/each ASTM D4972 pH of Soils $36.00/each
CT 515 Relative Mortar Strength,PCC Sand $600.00/each ASTM D2844 R-Value&Expansion Pressures $222.00/each
CT 521 Concrete Compressive Strength $27.00/each ASTM D2419 Sand Equivalent $100.00/each
CT 523 Concrete Flexural Strength-Beam $85.00/each ASTM D422 Sieve Analysis of Soils $139.00/each
CT 531 Length of Drilled Concrete Cores $45.00/each ASTM D1140 Materials Finer than#200 $50.00/each
CT 534 Water Retention, Liq Curing Comp $425.00 leach Steel Tests
CT 550 Surface Abrasion of Concrete $400.00/each Description Rate/Cost
CT 643 Resistivity and pH $95.00/each ASTM A370 Tension&Bend-Rebar up to#11 $95.00/each
Masonry Tests ASTM A370 Tension&Bend-Rebar#14 $125.00/each
Description Rate/Cost ASTM A370 Tension&Bend-Rebar#18 $175.00 leach
ASTM C140 Block Compressive Strength $65.00/set ASTM A370 Tension Test-Structural Steel $62.00/each
ASTM C140 Block Moisture&Absorption $62.00/set ASTM A370 Bend Test-Structural Steel $52.00/each
ASTM C426 Block Linear Shrinkage $275.00/set ASTM A370 Mechanical Splice/Slip Test $130.00/each
ASTM C140 Block Unit Wt&Dimensions $195.00/set ASTM A370 Control Bar $75.00/each
ASTM C90 Masonry Block Confonnance $550.00/set CT 52-1-08C Slip Test $165.00/each
ASTM C67 Brick Compressive Strength $62.00/set ASTM E605 Spray Applied Fireproofing Density $72.00/each
ASTM C67 Brick Moisture&Absorption $62.00/set
Fresno County-Fee Schedule � � December 4,2015
2016 On-Call Engineering Ser%Aces RMA Project No.:14G64-P
EXHIBIT A
RMA GeoScience
FvtryPrr,;eaMa ers wrrs.rmcges.*.cicnce,fiorr
Fresno County On-Call Prevailing Wage Fee Schedule-2016
General Charges
RMA GeoScience requires twenty-four(24)hour prior notification for scheduling inspectors and/or technicians.
Inspection charges start at the scheduled show up time at the job site. All inspection hours will be bird in the
following increments:
o There will be a minimum two (2) hour charge, with (2) hour increments billed thereafter, for any RMA
GeoScience employee present on a job site,batch plant,fabrication shop,etc.
Rates are valid through Dec 31, 2016. Rates for personnel will increase by 3% per year on January 1st of each
subsequent year.
Administrative/clerical support will be charged at the unit rate.
Outside services will be billed at cost plus 15%unless billed directly to and paid for by Client.
Requests made by client for management attendance at meetings at the project site will be charged at standard rate.
Overtime Charges
Work performed in excess of 8 hours per day and/or up to eight(8)hours on Saturdays will be billed at 1.5 times the
unit rate.
Work performed on Sunday, recognized holidays, or in excess of eight(8) hours on Saturdays will be billed at 2.0
times the unit rate.
A 20%surcharge will be applied for laboratory tests performed on a Saturday or Sunday.
Per Diem and Travel Charges
A$125.00 charge per day will be applied when our personnel are required to stay overnight at remote locations.
Time will be billed at the unit rate while traveling to a remote location or if a location requires an overnight stay
Mileage and travel time will be billed on a portal to portal basis from the nearest RMA office. Mileage will be billed at
$.085 per mile.
Night Work
A$10.00 per hour surcharge will be added to all personnel rates for work performed during night shifts.
Fresno County-Fee Schedule December 4,2015
2016 On-Call Engineering Services RMA Project No.:14-G64-P
EXHIBIT B
File #L5I29
• . February 23, 1999
Resolution 999-086
1 SEFORE THE HOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESNtO
3 STATE OF CALIFORNIA.
In the matter of
5 Adoption of Standard Conflict of Interest Resolution 499-0e5
6 Code forAll County Departments.
T
8 Whereas,the Political Reform Act, Government Code section 81000 et seq.,
S requires state and local government agencies to adoptand promulgate conflict of interest
10 codes;and
It Whereas,the Pair Pol brad Practices Commission has adopted a regulation,2
12. Californle Code of Regulations section 16730,which contains the terms of a standard
13 cont Ict of interest code, and which may be amended by the Fair Political Practices
14 Commission after publics notices and hearings to corifbnn to amendments to the Poll"
is Reform Act;and
t 6 Whereas,any Imal agency may inc orpmaEa this standard conflict of interest code,
7 and thereafter need not amend the text of its code to cordbu r to future amendments to fhe
18 Political Reform Act or Its regulations;and
Whereas, the Board of Supervisors Is the code reviewing body for all County
20 g departments except courts;and
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,thattheterms of 2 Califomia Code of Regulations
23 section 18780, and any amendments to It duly adopted by the Fair Political Practices
24 Commission,are hereby Incorporated by uafefence and.along with the Exhibits A and B
25 approved previously,today,or In the f ne,by this Board for each County department,In
26 which ofticers and employees are designated and disclosure categories are set iotlh,.
2T
28
1
'EXHIBIT B
constitute the conflict of interest nodes of each County department exceptcourts.
2 Confllrtof interestibmis 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 Audffor-
5 Confrolterffreasurer--Tax Collector shall file one original o€their statements with the CaurAy
6 Cledr,who shall make and retain copies and t'nmward the originals to the Fair Pditical
7 Practices Commission,whlch shall be the Wng officer. The County Administrative Officer,
6 pistrict Aitnmey,County Counsel,and Auditor•Contraitartrreasurer--Tax Cotleatorshall also
9 file one copy ofthelr statements with the Clerkfo the Board of Supervisors.
10 2. As required by Government Code section 87500,subdivision 0).all ater
11 department heads shall fife one original afthelrstatemahts wtththelydepartments. Theft
12 ofter o€each department shall make and retain a copyofthe department heaftstatsmen
1S and shall forward the original to the Clerkta the:Board of Supervisors.
14 S. All other designated employees shallflle one adglnai of1heir statements w1h
is their departments.
1S All statwnents shall be public records and shall be made available for puffo
17 inspection and reproduction. (Gov.Code,§81008.)
IsAdopted eta regular meeting of the Board of Supervisors,held on the 23xd day
i9 of xon! 19 s9,byftUawing vote,to V&
20
Ayes: Supervisors Kaligim. Cage, g-rambuta, oken, 'Levy
21 Noes: Nave
22 Absent: trove /0
23
21 AN, WARD �
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25 sMT GRBBr ICXW, CLM
HOARD OF SOPERVISOR6
26 =
27 Hy y
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F31e $iSl?3 Agea3s �2B Rvaa2ution83-08$
2
.-,EXHIBIT B
EXHIBIT"A"
PUBLIC WORKS AND PLANNING
Classificatlon Cate-gory
Accountant I/11 2
Architect 1
Assistant Real Property Agent 1
Associate Real Property Agent 1
Building inspector I/If 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 I/11 1
Information Technology Analyst I/11/III 1 IV 2
Planner I 111/III 1
Principal Accountant 1
Principal Engineer 1
Principal Planner 1
Principal Staff Analyst 1
Public Works and Planning Business Manager i
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
oenleFReal PrepsAy Agent ---;
,�,. . r--EXHIBIT B
Classification Category
Senior Staff Analyst 1
Senior Systems and Procedures Analyst 2
Staff Analyst I/It!ill 1
Supervising Accountant 2.3
Supervising Building inspector i
Supervising Engineer 1
Supervising Water/Wastewater Specialist 2,3
Systems and Pmcedures Analyst I 1111 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 fallowing
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 Ka public record and shall be retained for public inspection
in the same manner and location as this conflict of interest code.
_ - •T EXHIBIT B
BX MIT Uir
J!USUG WORKS AND PLMNING
1. Persons in this category must disclose afl Investments,interests In real property and
lncome,and business positions. Financia hemstserergmrfebledniyfffamfsdwlfi n
or subject to the Jurisdiction of Fresno County; or if the business anti€r Is-doing
business orpianning to dobusiness In tha jurisdiction,orhas daps buslnesswrthinths
Jurisdictoor►at-time dddng the tulio yeer`spfr5'r-tdM&finfrg or siate dnt, Real .
property shall be deemed to be wfdrin the Judsdic Ilan"of the County if it Is located
wMn or not more t mn two miles outslde fhe boundaries of the County(Including Its
Incorporated cities), or within two miles of any land owned or used by the Courtly.
2. Persons in this category shalt disclose all investments In,income and business
positions w1h any business entity which,within the lost two years,has contracted acted or in
the fi fure may forsseably contract with Fresno County through its Public Works and
Planning Depart nant,.Solld Waste Commissions within the jurisdiction,orto anyotfter .
joint powers agency vubidt Finano County Is a member to provide ser vlam,supplies,
materials,mad dnery,or equlpmentto the County.
S. Persons In the category shall +lisclose all Interests In real prop" within the
Jurisdiction. Real Property shall be deemedto be within the jurisdiction iftha prape4
or any pats of It Is located within for not more then two miles oLdelds the boundaries of
Fresno County Onduding Its Incorporated ciffes)or within two mile of any land awned
or operated by the Cou*.
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 party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
Page 2of2