HomeMy WebLinkAboutAgreement A-17-643 with TRC Engineers Inc..pdf 17-1462 Agreement No. 17-643
1 CONSULTANT AGREEMENT
2 THIS AGREEMENT for Engineering Consultant Services, hereinafter referred
3 to as "the AGREEMENT," is made and entered into this 12th day of December
4 2017, by and between the COUNTY OF FRESNO, a political subdivision of the State
5 of California, hereinafter referred to as "the COUNTY"; and TRC Engineers, Inc., a
6 California Corporation, 575 East Locust Avenue, Suite 105, Fresno, CA, 93720,
7 hereinafter referred to as "the CONSULTANT".
8 WITNESSETH
9 WHEREAS, the CONSULTANT has been selected to prepare Plans,
10 Specifications and Engineer's Estimate, and to provide other engineering services
11 required for the design of the Arroyo Pasajero Bridge Replacement Project on El
12 Dorado Avenue, hereinafter referred to as "the PROJECT"; and
13 WHEREAS, said CONSULTANT has been selected in accordance with the
14 COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers,
15 and other professionals and Chapter 10 Consultant Selection, California Department
16 of Transportation, hereinafter referred to as "Caltrans", Local Assistance Procedures
17 Manual to provide the engineering services necessary for the PROJECT.
18 NOW, THEREFORE, in consideration of the promises and covenants set forth
19 herein, the above named parties agree as follows:
20 I. GENERAL PROVISIONS
21 A. The COUNTY hereby contracts with the CONSULTANT as an independent
22 contractor to provide the consultant engineering services required for the PROJECT.
23 B. The work to be performed under the AGREEMENT is detailed in Exhibit A,
24 attached hereto and incorporated by this reference as though fully set forth herein, as
25 reiterated in Article II ("Consultant's Obligations").
26 C. The CONTRACT ADMINISTRATOR on behalf of the COUNTY will be:
27 Mohammad Alimi, Ph.D., P.E.
28 Design Engineer
1 2220 Tulare Street, Suite 600, Fresno, CA 93721,
2 559-600-4505
3 malimi@co.fresno.ca.us
4 and shall remain so unless the CONSULTANT is otherwise notified in writing by the
5 COUNTY's Director of Public Works and Planning or his/her designee (hereinafter
6 referred to as "the DIRECTOR"). The PROJECT MANAGER for the CONSULTANT
7 will be:
8 Mark Imbriani, P.E.
9 Vice President / Project Manager
10 575 East Locust Avenue, Suite 105
11 Fresno, CA 93720
12 (559) 439-2576
13 mimbriani@tresolutions.com
14 and shall remain so unless the CONSULTANT requests and DIRECTOR approves, in
15 writing, a change of the PROJECT MANAGER, which approval will not be
16 unreasonably withheld.
17 D. The CONSULTANT's PROJECT team listed in Exhibit B, attached hereto
18 and incorporated by this reference as though fully set forth herein, is hereby
19 approved. The CONSULTANT shall not substitute any of the employees or
20 subconsultant firms listed in Exhibit B without prior written authorization from the
21 CONTRACT ADMINISTRATOR, which approval shall not be unreasonably withheld.
22 E. The CONSULTANT's services shall be performed as expeditiously as is
23 consistent with professional skill and the orderly progress of the work, based on the
24 PROJECT schedule established in Exhibit C, attached hereto and incorporated herein
25 by this reference as though fully set forth herein.
26 F. The CONSULTANT agrees to indemnify and hold harmless the COUNTY,
27 its officers, agents, and employees from any and all claims, demands, costs, or
28 liability arising from or connected with the services provided hereunder due to
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1 negligent acts, errors, or omissions of the CONSULTANT. The CONSULTANT will
2 reimburse the COUNTY for any expenditure, including reasonable attorney fees,
3 incurred by the COUNTY in defending against claims ultimately determined to be due
4 to negligent acts, errors, or omissions of the CONSULTANT.
5 G. As more thoroughly set forth in Article XXX, the CONSULTANT and the
6 agents and employees of the CONSULTANT, in the performance of the
7 AGREEMENT, shall act in an independent capacity and not as officers or employees
8 of the COUNTY.
9 H. The COUNTY may terminate the AGREEMENT with the CONSULTANT
10 should the CONSULTANT fail to perform the covenants herein contained at the time
11 and in the manner herein provided. In the event of such termination, the COUNTY
12 may proceed with the work in any manner deemed proper by the COUNTY. If the
13 COUNTY terminates the AGREEMENT with the CONSULTANT, the COUNTY shall
14 pay the CONSULTANT the sum due the CONSULTANT under the AGREEMENT
15 prior to termination, unless the cost of completion to the COUNTY exceeds the funds
16 remaining in the AGREEMENT, in such case the overage shall be deducted from any
17 sum due the CONSULTANT under the AGREEMENT and the balance, if any, shall be
18 paid by the CONSULTANT upon demand. The COUNTY's CONTRACT
19 ADMINISTRATOR will determine the sum due to the CONSULTANT based on the
20 percentage of work complete for any incomplete task at the time of termination.
21 I. The AGREEMENT is not assignable by the CONSULTANT, either in whole
22 or in part, without the prior written consent of the COUNTY, upon approval by its
23 Board of Supervisors.
24 J. No alteration or variation of the terms of the AGREEMENT shall be valid,
25 unless made in writing and signed by the parties hereto; and no oral understanding or
26 agreement not incorporated herein, shall be binding on any of the parties hereto.
27 K. The consideration to be paid the CONSULTANT as provided herein, shall be
28 in compensation for all of the CONSULTANT's expenses incurred in the performance
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1 hereof, including travel and per diem, unless otherwise expressly so provided.
2 II. CONSULTANT'S OBLIGATIONS
3 The CONSULTANT's Scope of Work is fully set forth and detailed in Exhibit A,
4 attached hereto and incorporated herein, as referenced in Article I, Section B.
5 III. OBLIGATIONS OF COUNTY
6 A list of the COUNTY's obligations is attached hereto as Exhibit D and
7 incorporated herein by this reference as though fully set forth herein.
8 IV. PERFORMANCE PERIOD
9 A. The AGREEMENT shall go into effect upon execution by the COUNTY, and
10 the CONSULTANT shall commence work promptly after receipt of notification to
11 proceed as issued by the CONTRACT ADMINISTRATOR. The AGREEMENT shall
12 end on the third anniversary of the execution date, unless prior to its expiration its
13 term is extended in writing, for no more than two additional one-year terms, by mutual
14 consent of the DIRECTOR and the CONSULTANT.
15 B. The CONSULTANT is advised and hereby acknowledges its understanding
16 that any recommendation for award is not binding on the COUNTY until the
17 AGREEMENT is fully executed following its approval by the COUNTY's Board of
18 Supervisors.
19 V. ALLOWABLE COSTS AND PAYMENTS
20 A. The CONSULTANT shall not commence the performance of work or
21 services hereunder until the AGREEMENT has been approved by the COUNTY and a
22 written notification to proceed has been issued by the CONTRACT
23 ADMINISTRATOR. No payment will be made for any work performed prior to
24 approval of the AGREEMENT or for any work performed prior to written authorization
25 for commencement of work hereunder, issued by the CONTRACT ADMINISTRATOR.
26 B. The CONSULTANT will be reimbursed for hours worked at the hourly rates
27 specified in CONSULTANT's Cost Proposal, attached hereto as Exhibit E and
28 incorporated by this reference as though fully set forth herein. The specified hourly
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1 rates shall include direct salary costs, employee benefits, overhead, and fee. These
2 rates are not adjustable for the performance period set forth in the AGREEMENT.
3 C. In addition, the CONSULTANT will be reimbursed for incurred (actual) direct
4 costs other than salary costs that are included and specifically identified in
5 CONSULTANT's Cost Proposal, Exhibit E hereto.
6 D. Reimbursement for transportation and subsistence costs shall not exceed
7 the rates as specified in CONSULTANT's Cost Proposal, Exhibit E hereto.
8 E. Progress payments will be made monthly in arrears based on services
9 provided and actual costs incurred.
10 F. When milestone cost estimates are included in Exhibit E, the
11 CONSULTANT shall obtain prior written approval for a revised milestone cost
12 estimate from the CONTRACT ADMINISTRATOR before exceeding such cost
13
estimate.
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G. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will
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permit upon receipt by the COUNTY's CONTRACT ADMINISTRATOR of itemized
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invoices. Invoices shall be submitted no later than 45 calendar days after the
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18 performance of work for which the CONSULTANT is billing. Invoices shall detail the
19 work performed on each milestone as applicable. Invoices shall follow the format
20 stipulated for the approved Cost Proposal and shall reference the AGREEMENT
21 Number and PROJECT title. The final invoice must contain the final cost and all
22 credits due to the COUNTY, including any equipment purchased under the provisions
23 of Article XVI ("Equipment Purchase") of the AGREEMENT. The final invoice should
24 be submitted within 60 calendar days after completion of the CONSULTANT's work.
25 Invoices shall be mailed to COUNTY's CONTRACT ADMINISTRATOR at:
26
PWPBusinessOffice(a-)_co.fresno.ca.us.
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1 H. The total amount payable by the COUNTY for the work to be performed by
2 CONSULTANT on PROJECT hereunder shall not exceed $624,076.00, unless
3 authorized by subsequent contract amendment in accordance with Article VIII.
4 I. If the CONSULTANT fails to satisfactorily complete a deliverable according to
5
the schedule set forth in Exhibit C, no payment will be made until the deliverable has
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been satisfactorily completed.
7
VI. TERMINATION
8
A. The AGREEMENT may be terminated without cause at any time by the
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COUNTY upon thirty (30) calendar days written notice. If the COUNTY terminates the
10
AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily
11
completed to the date of termination based upon the CONSULTANT's fees and
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subject to the maximum amounts payable as specified in Article V and Exhibit A.
13
B. If the CONSULTANT terminates the AGREEMENT for reasons other than
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material breach by the COUNTY, the CONSULTANT shall reimburse the COUNTY,
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up to a maximum of $10,000, for the actual expense of issuing a new Request For
16
Proposal, engaging a new consultant(s) and the new consultant's cost in becoming
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familiar with the previous CONSULTANT's work.
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C. The COUNTY may immediately suspend or terminate the AGREEMENT in
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whole or in part, where in the determination of the COUNTY there is:
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1. An illegal or improper use of funds;
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2. A failure to comply with any term of the AGREEMENT
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3. A substantially incorrect or incomplete report submitted to the
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COUNTY;
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4. Improperly performed service.
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D. In no event shall any payment by the COUNTY constitute a waiver by the
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COUNTY of any breach of the AGREEMENT or any default which may then exist on
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the part of the CONSULTANT, nor shall such payment impair or in any way prejudice
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any legal or equitable remedy available to the COUNTY with respect to the breach or
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1 default. The COUNTY shall have the right to demand of the CONSULTANT the
2 repayment to the COUNTY of any funds disbursed to the CONSULTANT under the
3 AGREEMENT, which, in the judgment of the COUNTY were not expended in
4 accordance with the terms of the AGREEMENT. The CONSULTANT shall promptly
5 refund any such funds upon demand.
6 E. The terms of the AGREEMENT, and the services to be provided thereunder,
7 are contingent on the approval of funds by the appropriating government agency.
8 Should sufficient funds not be allocated, the services provided may be modified, or
9 the AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days
10 advance written notice. In the event of termination on the basis of this Paragraph, the
11 CONSULTANT's entitlement to payment, in accordance with the payment provisions
12 set forth hereinabove, shall apply only to work performed by the CONSULTANT prior
13 to receipt of written notification of such non-allocation of sufficient funding.
14 F. The maximum amount for which the COUNTY may be found liable in the
15 event the AGREEMENT is terminated is Six Hundred Twenty-Four Thousand
16 Seventy-Six Dollars ($624,076).
17 VII. FUNDING REQUIREMENTS
18 A. It is mutually understood between the parties that the AGREEMENT may
19 have been written before ascertaining the availability of funds or appropriation of
20 funds, for the mutual benefit of both parties, in order to avoid program and fiscal
21 delays that would occur if the AGREEMENT were executed after that determination
22 was made.
23 B. The AGREEMNT is valid and enforceable only if sufficient funds are made
24 available to the COUNTY. In addition, the AGREEMENT is subject to any additional
25 restrictions, limitations, conditions, or any legislation enacted by the Congress, State
26 Legislature or County Board of Supervisors that may affect the provisions, terms, or
27 funding of the AGREEMENT in any manner.
28 C. It is mutually agreed that if sufficient funds are not appropriated, the
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1 AGREEMENT may be amended to reflect any reduction in funds.
2 D. The COUNTY has the option to void the AGREEMENT under the
3 termination clause, or to amend the AGREEMENT by mutually acceptable
4 modification of its provisions to reflect any reduction of funds.
5 Vill. CHANGE IN TERMS
6 A. The AGREEMENT may be amended or modified only by mutual written
7 agreement of both parties. Except as provided in Section IV.A above, any such written
8 amendment to this AGREEMENT may be approved on the COUNTY's behalf only by
9 its Board of Supervisors.
10 B. The CONSULTANT shall only commence work covered by an amendment
11 after the amendment has been fully executed and written notification to proceed has
12 been issued by the CONTRACT ADMINISTRATOR.
13 C. There will be no change in the CONSULTANT's PROJECT MANAGER or
14 members of the CONSULTANT's PROJECT team as identified in Exhibit B without
15 prior written approval by the CONTRACT ADMINISTRATOR.
16 IX. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
17 A. The AGREEMENT is subject to 49 CFR, Part 26 entitled "Participation by
18 Disadvantaged Business Enterprises in Department of Transportation Financial
19 Assistance Programs". Consultants who obtain Disadvantaged Business Enterprise
20 (hereinafter referred to as "DBE") participation on the AGREEMENT will assist
21 Caltrans in meeting its federally mandated statewide overall DBE goal.
22 B. The goal for DBE participation for the AGREEMENT is 11%. Participation by
23 a DBE consultant or subconsultants shall be in accordance with information contained
24 in the Notice to Proposers DBE Information (Exhibit 10-1), Consultant Proposal DBE
25 Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit
26 10-02) attached hereto as Exhibit F and incorporated herein by this reference as
27 though fully set forth herein. If a DBE subconsultant is unable to perform, the
28 CONSULTANT must make a good faith effort to replace him/her with another DBE
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1 subconsultant, if the goal is not otherwise met.
2 C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are
3 encouraged to participate in the performance of contracts financed in whole or in part
4 with federal funds. The CONSULTANT or subconsultant shall not discriminate on the
5 basis of race, color, national origin, or sex in the performance of the AGREEMENT.
6 CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the
7 award and administration of US DOT-assisted agreements. Failure by the
8 CONSULTANT to carry out these requirements is a material breach of the
9 AGREEMENT, which may result in the termination of the AGREEMENT or such other
10 remedy as the COUNTY deems appropriate.
11 D. Any subcontract entered into as a result of this contract shall contain all of
12 the provisions of this section.
13 E. A DBE firm may be terminated only with prior written approval from the
14 COUNTY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting
15 the COUNTY's consent for the termination, the CONSULTANT must meet the
16 procedural requirements specified in 49 CFR 26.53(f).
17 F. A DBE performs a Commercially Useful Function (CUF) when it is
18 responsible for execution of the work of the AGREEMENT and is carrying out its
19 responsibilities by actually performing, managing, and supervising the work involved.
20 To perform a CUF, the DBE must also be responsible with respect to materials and
21 supplies used on the contract, for negotiating price, determining quality and quantity,
22 ordering the material, and installing (where applicable) and paying for the material
23 itself. To determine whether a DBE is performing a CUF, evaluate the amount of work
24 subcontracted, industry practices, whether the amount the firm is to be paid under the
25 AGREEMENT is commensurate with the work it is actually performing, and other
26 relevant factors.
27 G. A DBE does not perform a CUF if its role is limited to that of an extra
28 participant in a transaction, contract, or project through which funds are passed in
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1 order to obtain the appearance of DBE participation. In determining whether a DBE is
2 such an extra participant, examine similar transactions, particularly those in which
3 DBEs do not participate.
4 H. If a DBE does not perform or exercise responsibility for at least thirty percent
5
(30%) of the total cost of its contract with its own work force, or the DBE subcontracts
6
a greater portion of the work of the contract than would be expected on the basis of
7
normal industry practice for the type of work involved, it will be presumed that it is not
8
9 performing a CUF.
10 I. The CONSULTANT shall maintain records of materials purchased or
11 supplied from all subcontracts entered into with certified DBEs. The records shall
12 show the name and business address of each DBE or vendor and the total dollar
13 amount actually paid each DBE or vendor, regardless of tier. The records shall show
14 the date of payment and the total dollar figure paid to all firms. DBE prime consultants
15 shall also show the date of work performed by their own forces along with the
16 corresponding dollar value of the work.
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J. Upon completion of the AGREEMENT, a summary of these records shall be
18
prepared and submitted on the form entitled, "Final Report-Utilization of
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Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants" CEM-2402F
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21 (Exhibit 17-F, of the LAPM), attached herto as Exhibit F, certified correct by the
22 CONSULTANT or the CONSULTANT's authorized representative and shall be
23 furnished to the CONTRACT ADMINISTRATOR with the final invoice. Failure to
24 provide the summary of DBE payments with the final invoice will result in twenty-five
25 percent (25%) of the dollar value of the invoice being withheld from payment until the
26 form is submitted. The amount will be returned to the CONSULTANT when a
27 satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE),
28 First-Tier Subconsultants" is submitted to the CONTRACT ADMINISTRATOR.
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1 K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the
2 decertified subconsultant shall notify the CONSULTANT in writing with the date of
3 decertification. If a subconsultant becomes a certified DBE during the life of the
4 AGREEMENT , the subconsultant shall notify the CONSULTANT in writing with the
5
date of certification. Any changes should be reported to the CONTRACT
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ADMINISTRATOR within 30 days.
7
X. COST PRINCIPLES
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A. The CONSULTANT agrees that the Contract Cost Principles and
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Procedures, Title 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part
10
31.000 et seq., shall be used to determine the cost allowability for individual items.
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B. The CONSULTANT also agrees to comply with federal procedures in
12
accordance with Title 49 CFR, Part 18, Uniform Administrative Requirements for
13
Grants and Cooperative Agreements to State and Local Governments.
14
C. Any costs for which payment has been made to CONSULTANT that are
15
determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48
16
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are
17
subject to repayment by CONSULTANT to the COUNTY.
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XI. COVENANT AGAINST CONTINGENT FEES
19
The CONSULTANT warrants, by execution of the AGREEMENT, that the
20
CONSULTANT has not employed or retained any company or person, other than a
21
bona fide employee working for the CONSULTANT; to solicit or secure the
22
AGREEMENT; and that the CONSULTANT has not paid or agreed to pay any
23
company or person other than a bona fide employee, any fee, commission,
24
percentage, brokerage fee, gift, or any other consideration, contingent upon or
25
resulting from the award or formation of the AGREEMENT. For breach or violation of
26
this warranty, the COUNTY shall have the right to annul the AGREEMENT without
27
liability, and to pay only for the value of the work actually performed by the
28
CONSULTANT, or alternatively in the COUNY's discretion, to deduct from the
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1 contract price or consideration, or otherwise recover the full amount of such any such
2 commission, percentage, brokerage fee, gift, contingent fee or similar form of
3 consideration previously paid by the CONSULTANT.
4 XII. RETENTION OF RECORDS/AUDIT
5 A. For the purpose of determining the sufficiency of the CONTRACTOR's
6 performance of the contract (and compliance with Public Contract Code 10115, et
7 seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq.,
8 when applicable), the CONSULTANT, subcontractors, and the COUNTY, and each of
9 them, shall maintain all books, documents, papers, accounting records, and other
10 evidence pertaining to the performance of the AGREEMENT, including but not limited
11 to, the costs of administering the AGREEMENT.
12 B. All parties shall make such materials available at their respective offices at
13 all reasonable times throughout the entirety of the contract term and for three years
14 from the date of final payment under the contract, pursuant to Government Code
15 8546.7. The state, the State Auditor, the COUNTY, Federal Highway Administration
16 (FHWA), or any duly authorized representative of the federal government shall have
17 access to any books, records, and documents of the CONSULTANT, and the work
18 papers of its certified public accountants, that are pertinent to the contract for audit,
19 examinations, excerpts, and transactions, and copies thereof shall be furnished if
20 requested as more thoroughly set forth in Section D of Article XIV of the
21 AGREEMENT.
22 XIII. AUDIT REVIEW PROCEDURES
23 A. Any dispute concerning a question of fact arising under an interim or post
24 audit of the AGREEMENT that is not disposed of by agreement between the parties,
25 shall be reviewed by the COUNTY's Auditor/Controller/Treasurer/Tax-Collector.
26 B. Not later than 30 days after issuance of the final audit report, the
27 CONSULTANT may request a review by the COUNTY's
28 Auditor/Controller/Treasurer/Tax-Collector of unresolved audit issues. The request for
12
1 review will be submitted in writing.
2 C. Neither the pendency of a dispute nor its consideration by the COUNTY will
3 excuse the CONSULTANT from full and timely performance, in accordance with the
4 terms of the AGREEMENT.
5 D. The CONSULTANT and subconsultants' contracts, including cost proposals
6 and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited
7 to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public
8 accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the
9 AGREEMENT, cost proposal and ICR and related workpapers, if applicable, will be
10 reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
11 regulations. In the instances of a CPA ICR Audit Workpaper Review it is the
12 CONSULTANT's responsibility to ensure federal, state, or local government officials
13 are allowed full access to the CPA's workpapers, including making copies as the
14 auditor deems necessary. The AGREEMENT, cost proposal, and ICR shall be
15 adjusted by the CONSULTANT and approved by the CONTRACT ADMINISTRATOR
16 to conform to the audit or review recommendations. The CONSULTANT agrees that
17 individual terms of costs identified in the audit report shall be incorporated into the
18 AGREEMENT by this reference if directed by COUNTY at its sole discretion. Refusal
19 by the CONSULTANT to incorporate audit or review recommendations, or to ensure
20 that the Federal, State, or local governments have access to CPA workpapers, will be
21 considered a breach of the AGREEMENT terms and cause for termination of the
22 AGREEMENT and disallowance of prior reimbursed costs.
23 XIV. DISPUTES
24 A. Any dispute, other than audit, concerning a question of fact arising under the
25 AGREEMENT that is not disposed of by agreement between the parties shall be
26 decided by a committee consisting of the CONTRACT ADMINISTRATOR and the
27 DIRECTOR, who may consider written or verbal information submitted by the
28 CONSULTANT.
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1 B. Not later than 30 days after completion of all deliverables necessary to
2 complete the plans, specifications and estimate, the CONSULTANT may request
3 review by the COUNTY BOARD OF SUPERVISORS of unresolved claims or
4 disputes, other than audit. The request for review will be submitted in writing.
5 C. Neither the pendency of a dispute, nor its consideration by the committee
6 will excuse the CONSULTANT from full and timely performance in accordance with
7 the terms of the AGREEMENT.
8 XV. SUBCONTRACTING
9 A. Nothing contained in the AGREEMENT or otherwise, shall create any
10 contractual relation between the COUNTY and any subconsultant(s), and no
11 subcontract shall relieve the CONSULTANT of its responsibilities and obligations
12 hereunder. The CONSULTANT agrees to be as fully responsible to the COUNTY for
13 the acts and omissions of its subconsultant(s) and of persons either directly or
14 indirectly employed by any of them as it is for the acts and omissions of persons
15 directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its
16 subconsultant(s) is an independent obligation from the COUNTY's obligation to make
17 payments to the CONSULTANT.
18 B. The CONSULTANT shall perform the work contemplated with resources
19 available within its own organization; and no portion of the work pertinent to the
20 AGREEMENT shall be subcontracted without written authorization by the
21 CONTRACT ADMINISTRATOR, excepting only those portions of the work and the
22 responsible subconsultants that are expressly identified in Exhibit B hereto.
23 C. The CONSULTANT shall pay its subconsultants within ten (10) calendar
24 days from receipt of each payment made to the CONSULTANT by the COUNTY.
25 D. All subcontracts entered into as a result of the AGREEMENT shall contain
26 all the provisions stipulated in the AGREEMENT to be applicable to subconsultants.
27 E. Any substitution of subconsultant(s) must be approved in writing by the
28 CONTRACT ADMINISTRATOR prior to the start of work by the subconsultant(s).
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1 XVI. EQUIPMENT PURCHASE
2 A. Prior authorization in writing, by the CONTRACT ADMINISTRATOR, shall
3 be required before the CONSULTANT enters into any unbudgeted purchase order, or
4 subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services.
5 The CONSULTANT shall provide an evaluation of the necessity or desirability of
6 incurring such costs.
7 B. Prior authorization by the CONTRACT ADMINISTRATOR shall be required
8 for purchase of any item, service or consulting work in excess of $5,000 that is not
9 covered in the CONSULTANT's Cost Proposal; and the CONSULTANT's request
10 must be accompanied by three competitive quotations, unless the absence of bidding
11 is adequately justified, to the satisfaction of the CONTRACT ADMINISTRATOR in his
12 or her discretion, by written explanation provided by the CONSULTANT with its
13 submittal.
14 C. Any authorized purchase of equipment as a result of the AGREEMENT is
15 subject to the following: "The CONSULTANT shall maintain an inventory of all
16 nonexpendable property. Nonexpendable property is defined as having a useful life of
17 at least two years and an acquisition cost of $5,000 or more. If the purchased
18 equipment needs replacement and is sold or traded in, the COUNTY shall receive a
19 proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT
20 is terminated, the CONSULTANT may either keep the equipment and credit the
21 COUNTY in an amount equal to its fair market value, or sell such equipment at the
22 best price obtainable at a public or private sale, in accordance with established
23 COUNTY procedures; and credit the COUNTY in an amount equal to the sales price.
24 If the CONSULTANT elects to keep the equipment, fair market value shall be
25 determined at the CONSULTANT's expense, on the basis of a competent
26 independent appraisal of such equipment. Appraisals shall be obtained from an
27 appraiser mutually agreeable to by the COUNTY and the CONSULTANT, if it is
28 determined to sell the equipment, the terms and conditions of such sale must be
15
1 approved in advance by the COUNTY." Title 49 CFR, Part 18 requires a credit to
2 Federal funds when participating equipment with a fair market value greater than
3 $5,000.00 is credited to the PROJECT.
4 XVII. INSPECTION OF WORK
5 The CONSULTANT and any subconsultant shall permit the COUNTY, the
6 state, and the FHWA to review and inspect the project activities and files at all
7 reasonable times during the performance period of the AGREEMENT including review
8 and inspection on a daily basis.
9 XVIII. INSURANCE
10 A. Without limiting the COUNTY'S right to obtain indemnification from the
11 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall
12 maintain in full force and effect, the following insurance policies throughout the term of
13 the AGREEMENT; provided, however that the CONSULTANT shall not be required to
14 obtain or provide such insurance policies unless and until they are authorized to
15 provide services.
16 1. Commercial General Liability Insurance with limits of not less than
17 One Million Dollars ($1,000,000.00) per occurrence and an aggregate of Two Million
18 Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis.
19 2. Comprehensive Automobile Liability Insurance with limits for bodily
20 injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person,
21 Five Hundred Thousand Dollars ($500,000.00) per accident and for property damage
22 of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a
23 combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage
24 should include owned and non-owned vehicles used in connection with the
25 AGREEMENT.
26 3. Worker's Compensation insurance policy as required by the
27 California Labor Code.
28 4. Professional Liability Insurance:
16
1 a. If the CONSULTANT employs licensed professional staff in
2 providing services, Professional Liability Insurance with limits of not less than One
3 Million Dollars ($1,000,000.00) per claim, Three Million Dollars ($3,000,000.00)
4 aggregate. The policy for Professional Liability shall remain in full force and effect for
5 period of three years from the completion date of the AGREEMENT.
6 B. The CONSULTANT shall obtain endorsements to the Commercial General
7 Liability insurance naming the COUNTY, its officers, agents, and employees,
8 individually and collectively, as additional insured, but only insofar as the operations
9 under the AGREEMENT are concerned. Such coverage for additional insured shall
10 apply as primary insurance and any other insurance, or self-insurance, maintained by
11 the COUNTY, its officers, agents and employees shall be excess only and not
12 contributing with insurance provided under the CONSULTANT'S policies herein. The
13 CONSULTANT shall give the COUNTY at least thirty (30) days advance written notice
14 of any cancellation, expiration, reduction or other material change in coverage with
15 respect to any of the aforesaid policies.
16 C. Prior to commencing any such work under the AGREEMENT, the
17 CONSULTANT shall provide to the COUNTY certificates of insurance and
18 endorsements for all of the required policies as specified above, stating that all such
19 insurance coverage has been obtained and is in full force; that the COUNTY, its
20 officers, agents and employees will not be responsible for any premiums on the
21 policies; that such Commercial General Liability insurance names the COUNTY, its
22 officers, agents and employees, individually and collectively, as additional insured, but
23 only insofar as the operations under the AGREEMENT are concerned; that such
24 coverage for additional insured shall apply as primary insurance and any other
25 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and
26 employees, shall be excess only and not contributing with insurance provided under
27 the CONSULTANT'S policies herein; and that this insurance shall not be cancelled or
28 changed without a minimum of thirty (30) days advance, written notice given to the
17
1 COUNTY. The certificates shall be sent to the CONTRACT ADMINISTRATOR at
2 Department of Public Works and Planning, Design Division, 2220 Tulare Street, Sixth
3 Floor, Fresno, CA 93721.
4 D. In the event CONSULTANT fails to keep in effect at all times insurance
5 coverage as herein provided, once such insurance is required in accordance with
6 Article XVIII.A, the COUNTY may, in addition to other remedies it may have, terminate
7 the AGREEMENT upon the occurrence of such event.
8 E. All policies shall be with admitted insurers licensed to do business in the
9 State of California. Insurance purchased shall be purchased from companies
10 possessing a current A.M. Best, Inc. rating of A FSC VIII or better.
11 XIX. OWNERSHIP OF DATA
12 A. All documents, including preliminary documents, calculations, and survey
13 data, required in performing services under the AGREEMENT shall be submitted to,
14 and shall remain at all times the property of the COUNTY regardless of whether they
15 are in the possession of the CONSULTANT or any other person, firm, corporation or
16 agency.
17 B. The CONSULTANT understands and agrees the COUNTY shall retain full
18 ownership rights of the drawings and work product of the CONSULTANT for the
19 PROJECT, to the fullest extent permitted by law. In this regard, the CONSULTANT
20 acknowledges and agrees CONSULTANT's services are on behalf of the COUNTY
21 and are "works made for hire," as that term is defined in copyright law, by the
22 COUNTY; that the drawings and work product to be prepared by the CONSULTANT
23 are for the sole and exclusive use of the COUNTY, and that the COUNTY shall be the
24 sole owner of all patents, copyrights, trademarks, trade secrets and other rights and
25 contractual interests in connection therewith which are developed and compensated
26 solely under the AGREEMENT; that all the rights, title and interest in and to the
27 drawings and work product will be transferred to the COUNTY by the CONSULTANT
28 to the extent the CONSULTANT has an interest in and authority to convey such
18
1 rights; and the CONSULTANT will assist the COUNTY to obtain and enforce patents,
2 copyrights, trademarks, trade secrets, and other rights and contractual interests
3 relating to said drawings and work product, free and clear of any claim by the
4 CONSULTANT or anyone claiming any right through the CONSULTANT. The
5 CONSULTANT further acknowledges and agrees the COUNTY's ownership rights in
6 such drawings or work product, shall apply regardless of whether such drawings or
7 work product, or any copies thereof, are in possession of the CONSULTANT, or any
8 other person, firm, corporation, or entity. For purposes of the AGREEMENT the terms
9 "drawings and work product" shall mean all reports and study findings commissioned
10 to develop the project design, drawings and schematic or preliminary design
11 documents, certified reproducibles of the original final construction contract drawings,
12 specifications, the approved estimate, record drawings, as-built plans, and
13 discoveries, developments, designs, improvement, inventions, formulas, processes,
14 techniques, or specific know-how and data generated or conceived or reduced to
15 practice or learning by the CONSULTANT, either alone or jointly with others, that
16 result from the tasks assigned to the CONSULTANT by the COUNTY under the
17 AGREEMENT.
18 C. If the AGREEMENT is terminated during or at the completion of any service
19 included in Exhibit A, a reproducible copy of report(s) or preliminary documents shall
20 be submitted by the CONSULTANT to the COUNTY, which may use them to
21 complete the PROJECT at a future time.
22 D. If the PROJECT is terminated at the completion of a construction document
23 phase of the PROJECT, certified reproducibles on .003" mylars of the original final
24 construction contract drawings, specifications, and approved engineer's estimate shall
25 be submitted by the CONSULTANT to the COUNTY.
26 E. The COUNTY may request that certain machine-readable information and
27 data ("CAD data") be provided by the CONSULTANT under the AGREEMENT. Such
28 CAD data is more specifically described in Exhibit A. The electronic files provided by
19
1 the CONSULTANT to the COUNTY are submitted for an acceptance period lasting
2 until the expiration of the AGREEMENT (i.e., throughout the duration of the contract
3 term, including any extensions). Any defects the COUNTY discovers during such
4 acceptance period will be reported to the CONSULTANT and will be corrected as part
5 of the CONSULTANT's "Basic Scope of Work."
6 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising
7 out of, or connected with (1) the modification or misuse by the COUNTY or anyone
8 authorized by the COUNTY, of such CAD data, or (2) decline of accuracy or
9 readability of CAD data due to inappropriate storage conditions or duration; or (3) any
10 use by the COUNTY, or anyone authorized by the COUNTY, of such CAD data or
11 other project documentation for additions to the PROJECT for the completion of the
12 PROJECT by others, or for other projects; except to the extent that said use may may
13 be expressly authorized, in writing, by the CONSULTANT.
14 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the
15 copyrighting of reports or other products of the AGREEMENT; and provided further,
16 that if copyrights are permitted; the CONSULTANT hereby agrees and this
17 AGREEMENT shall be deemed to provide that the FHWA shall have the royalty-free
18 nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to
19 authorize others to use, the work for government purposes.
20 XX. CLAIMS FILED BY COUNTY'S CONSTRUCTION CONTRACTOR
21 A. If claims are filed by the COUNTY's construction contractor relating to work
22 performed by the CONSULTANT's personnel, and additional information or
23 assistance from the CONSULTANT's personnel is required in order to evaluate or
24 defend against such claims, then the CONSULTANT hereby agrees in such event to
25 make its personnel available for consultation with the COUNTY's construction
26 contract administration and legal staff and for testimony, if necessary, at depositions
27 and at trial or arbitration proceedings.
28 B. The CONSULTANT's personnel that the COUNTY considers essential to
20
1 assist in defending against construction contractor claims will be made available on
2 reasonable notice from the COUNTY. Consultation or testimony will be reimbursed at
3 the same rates, including travel costs that are being paid for the CONSULTANT's
4 personnel services under the AGREEMENT. Services of the CONSULTANT's
5 personnel in connection with consultation or testimony for this purpose will be
6 performed pursuant to a written contract amendment, if determined by the parties to
7 be necessary or appropriate.
8 XXI. CONFIDENTIALITY OF DATA
9 A. All financial, statistical, personal, technical, or other data and information
10 relative to the COUNTY'S operations, which are designated confidential by the
11 COUNTY and made available to the CONSULTANT in order to carry out the
12 AGREEMENT, shall be protected by the CONSULTANT from unauthorized use and
13 disclosure.
14 B. Permission to disclose information on one occasion, or public hearing held
15 by the COUNTY relating to the AGREEMENT, shall not authorize the CONSULTANT
16 to further disclose such information, or disseminate the same on any other occasion.
17 C. The CONSULTANT shall not comment publicly to the press or any other
18 media regarding the AGREEMENT or the COUNTY's actions on the same, except to
19 the COUNTY's staff, the CONSULTANT's own personnel involved in the performance
20 of the AGREEMENT, at public hearings or in response to questions from a Legislative
21 committee.
22 D. The CONSULTANT shall not issue any news release or public relations item
23 of any nature, whatsoever, regarding work performed or to be performed under the
24 AGREEMENT without prior review of the contents thereof by the COUNTY, and
25 receipt of the COUNTY'S written permission.
26 E. Any subcontract entered into as a result of the AGREEMENT shall contain
27 all of the provisions of this Article.
28 F. All information related to the construction estimate is confidential, and shall
21
1 not be disclosed by the CONSULTANT to any entity other than the COUNTY.
2 XXII. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
3 In accordance with Public Contract Code Section 10296, the CONSULTANT
4 hereby states under penalty of perjury that no more than one final unappealable
5 finding of contempt of court by a federal court has been issued against the
6 CONSULTANT within the immediately preceding two-year period, because of the
7 CONSULTANT's failure to comply with an order of a federal court that orders the
8 CONSULTANT to comply with an order of the National Labor Relations Board.
9 XXIII. EVALUATION OF CONSULTANT
10 The CONSULTANT's performance will be evaluated by the COUNTY using
11 Exhibit G, attached hereto and incorporated herein by this reference as though fully
12 set forth herein. A copy of the evaluation will be sent to the CONSULTANT for
13 comments. The evaluation together with the comments shall be retained as part of the
14 contract record.
15 XXIV. STATEMENT OF COMPLIANCE
16 A. The CONSULTANT's signature affixed herein, and dated, shall constitute a
17 certification under penalty of perjury under the laws of the State of California that the
18 CONSULTANT has, unless exempt, complied with, the nondiscrimination program
19 requirements of Government Code Section 12990 and Title 2, California
20 Administrative Code, Section 8103.
21 B. During the performance of the AGREEMENT, the CONSULTANT and its
22 subconsultants shall not unlawfully discriminate, harass, or allow harassment against
23 any employee or applicant for employment because of sex, race, color, ancestry,
24 religious creed, national origin, physical disability (including HIV and AIDS), mental
25
disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of
26
family care leave. The CONSULTANT and subconsultants shall insure that the
27
evaluation and treatment of their employees and applicants for employment are free
28
from such discrimination and harassment. The CONSULTANT and subconsultants
22
1 shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code
2 §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder
3 (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable
4 regulations of the Fair Employment and Housing Commission implementing
5
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of
6
the California Code of Regulations, are incorporated into the AGREEMENT by
7
reference and made a part hereof as if set forth in full. The CONSULTANT and
8
9 subconsultants shall give written notice of their obligations under this clause to labor
10 organizations with which they have a collective bargaining or other Agreement.
11 C. The CONSULTANT shall comply with regulations relative to Title VI
12 (nondiscrimination in federally-assisted programs of the Department of Transportation
13 — Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964
14 Civil Rights Act). Title VI provides that the recipients of federal assistance will
15 implement and maintain a policy of nondiscrimination in which no person in the state
16 of California shall, on the basis of race, color, national origin, religion, sex, age,
17
disability, be excluded from participation in, denied the benefits of or subject to
18
discrimination under any program or activity by the recipients of federal assistance or
19
their assignees and successors in interest.
20
21 D. The CONSULTANT with regard to the work performed by it during the
22 AGREEMENT shall act in accordance with Title VI. Specifically, the CONSULTANT
23 shall not discriminate on the basis of race, color, national origin, religion, sex, age, or
24 disability in the selection and retention of Subconsultants, including procurement of
25 materials and leases of equipment. The CONSULTANT shall not participate either
26 directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's
27 Regulations, including employment practices when the AGREEMENT covers a
28 program whose goal is employment.
23
1 XXV. DEBARMENT AND SUSPENSION CERTIFICATION
2 A. The CONSULTANT's signature affixed herein, shall constitute a certification
3 under penalty of perjury under the laws of the State of California, that the
4 CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29,
5 Debarment and Suspension Certificate, which certifies that he/she or any person
6 associated therewith in the capacity of owner, partner, director, officer, or manager, is
7 not currently under suspension, debarment, voluntary exclusion, or determination of
8 ineligibility by any federal agency; has not been suspended, debarred, voluntarily
9 excluded, or determined ineligible by any federal agency within the past three (3)
10 years; does not have a proposed debarment pending; and has not been indicted,
11 convicted, or had a civil judgment rendered against it by a court of competent
12 jurisdiction in any matter involving fraud or official misconduct within the past three (3)
13 years. Any exceptions to this certification must be disclosed to the COUNTY on
14 Exhibit H, attached hereto and incorporated herein by this reference as though fully
15 set forth herein.
16 B. Exceptions will not necessarily result in denial of recommendation for award,
17 but will be considered in determining the CONSULTANT's responsibility. Disclosures
18 must indicate to whom exceptions apply, initiating agency, and dates of action.
19 C. Exceptions to the Federal Government Excluded Parties Listing System
20 maintained by the General Services Administration are to be determined by the
21 FHWA.
22 XXVI. STATE PREVAILING WAGE RATES
23 A. The CONSULTANT shall comply with the State of California's General
24 Prevailing Wage Rate requirements in accordance with California Labor Code,
25 Section 1770, and all Federal, State, and local laws and ordinances applicable to the
26 work.
27 B. Any subcontract entered into as a result of this contract if for more than
28 $25,000 for public works construction or more than $15,000 for the alteration,
24
1 demolition, repair, or maintenance of public works, shall contain all of the provisions of
2 this Article.
3 XXVII. CONFLICT OF INTEREST
4 A. The CONSULTANT shall comply with the provisions of the Fresno County
5 Department of Public Works and Planning Conflict of Interest Code, attached hereto
6 as Exhibit I and incorporated herein by this reference as though fully set forth herein.
7 Such compliance shall include the filing of annual statements pursuant to the
8 regulations of the State Fair Political Practices Commission including, but not limited
9 to, portions of Form 700.
10 B. The CONSULTANT shall disclose any financial, business, or other
11 relationship with the COUNTY that may have an impact upon the outcome of this
12 contract, or any ensuing COUNTY construction project. The CONSULTANT shall also
13 list current clients who may have a financial interest in the outcome of this contract, or
14 any ensuing COUNTY construction project, which will follow.
15 C. The CONSULTANT hereby certifies that it does not now have, nor shall it
16 acquire any financial or business interest that would conflict with the performance of
17 services under the AGREEMENT.
18 D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any
19 firm affiliated with the CONSULTANT will bid on any construction contract, or on any
20 contract to provide construction inspection for any contractor on a construction project
21 resulting from this AGREEMENT; provided, however, that this shall not be construed
22 as disallowing CONSULTANT or affiliated firm from performing, pursuant to this
23 AGREEMENT or other agreement with the COUNTY, construction inspection services
24 on behalf of the COUNTY for the PROJECT. An affiliated firm is one, which is subject
25 to the control of the same persons through joint ownership, or otherwise.
26 E. Except for subconsultants whose services are limited to providing surveying
27 or materials testing information, no subconsultant who has provided design services
28 in connection with this AGREEMENT shall be eligible to bid on any construction
25
1 contract, or on any contract to provide construction inspection for any contractor on a
2 construction project resulting from this AGREEMENT; provided, however, that this
3 shall not be construed as disallowing subconsultants who have provided design
4 services for the PROJECT from performing, pursuant to the AGREEMENT or other
5 agreement with COUNTY, construction inspection services on behalf of the COUNTY
6 for the PROJECT.
7 XXVIII. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
8 The CONSULTANT warrants that the AGREEMENT was not obtained or
9 secured through rebates, kickbacks or other unlawful consideration, either promised
10 or paid to any COUNTY employee. For breach or violation of this warranty, the
11 COUNTY shall have the right, in its discretion, to do any of the following: terminate
12 the AGREEMENT without liability; or to pay only for the value of the work actually
13 performed; or to deduct from the AGREEMENT price; or otherwise recover the full
14 amount of such rebate, kickback or other unlawful consideration.
15 XXIX. PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR
16 LOBBYING
17 A. The CONSULTANT shall sign the lobbying forms, attached hereto and
18 incorporated herein by this reference as though fully set forth herein as Exhibit J, in
19 accordance with the instructions found on each form.
20 B. The CONSULTANT certifies to the best of his or her knowledge and belief
21 that:
22 1. No state, federal or COUNTY appropriated funds have been paid, or
23 will be paid by or on behalf of the CONSULTANT to any person for influencing or
24 attempting to influence an officer or employee of any state or federal agency; a
25 Member of the State Legislature or United States Congress; an officer or employee of
26 the Legislature or Congress; or any employee of a Member of the Legislature or
27 Congress, in connection with any of the following:
28 (a) the awarding of any state or federal contract;
26
1 (b) the making of any state or federal grant;
2 (c) the making of any state or federal loan;
3 (d) the entering into of any cooperative agreement, or
4 (e) the extension, continuation, renewal, amendment, or modification of
5 any state or federal contract, grant, loan, or cooperative agreement.
6 2. If any funds other than federally appropriated funds have been paid,
7 or will be paid to any person for influencing or attempting to influence an officer or
8 employee of any federal agency; a Member of Congress; an officer or employee of
9 Congress, or an employee of a Member of Congress; in connection with this federal
10 contract, grant, loan, or cooperative agreement, then the CONSULTANT shall
11 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
12 accordance with its instructions.
13 C. The certification required by the provisions of this Article is a material
14 representation of fact upon which reliance was placed when this transaction was
15 made or entered into. Submission of this certification is a prerequisite for making or
16 entering into this transaction imposed by Title 31, U.S. Code Section 1352. Any
17 person who fails to file the required certification shall be subject to a civil penalty of
18 not less than $10,000 and not more than $100,000 for each such failure.
19 D. The CONSULTANT also agrees by signing this document that he or she
20 shall require that the language of this certification be included in all lower-tier
21 subcontracts, which exceed $100,000, and that all such sub-recipients shall certify
22 and disclose accordingly.
23 XXX. INDEPENDENT CONTRACTOR
24 A. In performance of the work, duties and obligations assumed by the
25 CONSULTANT under the AGREEMENT, it is mutually understood and agreed that the
26 CONSULTANT, including any and all of the CONSULTANT's officers, agents, and
27 employees will at all times be acting and performing as an independent contractor, and
28 shall act in an independent capacity and not as an officer, agent, servant, employee,
27
1 joint venturer, partner, or associate of the COUNTY. Furthermore, the COUNTY shall
2 have no right to control or supervise or direct the manner or method by which the
3 CONTRACTOR shall perform its work and function. However, the COUNTY shall retain
4 the right to administer the AGREEMENT so as to verify that the CONSULTANT is
5 performing its obligations in accordance with the terms and conditions thereof.
6 B. The CONSULTANT and the COUNTY shall comply with all applicable
7 provisions of law and the rules and regulations, if any, of governmental authorities
8 having jurisdiction over matters the subject thereof.
9 C. Because of its status as an independent contractor, the CONSULTANT
10 shall have absolutely no right to employment rights and benefits available to the
11 COUNTY employees. The CONSULTANT shall be solely liable and responsible for
12 providing to, or on behalf of, its employees all legally-required employee benefits. In
13 addition, the CONSULTANT shall be solely responsible and save the COUNTY
14 harmless from all matters relating to payment of the CONSULTANT's employees,
15 including compliance with Social Security withholding and all other regulations governing
16 such matters. It is acknowledged that during the term of the AGREEMENT, the
17 CONSULTANT may be providing services to others unrelated to the COUNTY or to the
18 AGREEMENT.
19 XXXI. DISCLOSURE OF SELF-DEALING TRANSACTIONS
20 This provision is only applicable if the CONSULTANT is operating as a
21 corporation (a for-profit or non-profit corporation) or if during the term of the
22 AGREEMENT, the CONSULANT changes its status to operate as a corporation.
23 Members of the CONSULTANT's Board of Directors shall disclose any self-dealing
24 transactions that they are a party to while CONSULTANT is providing goods or
25 performing services under the AGREEMENT. A self-dealing transaction shall mean a
26 transaction to which the CONSULTANT is a party and in which one or more of its
27 directors has a material financial interest. Members of the Board of Directors shall
28 disclose any self-dealing transactions that they are a party to by completing and
28
1 signing a Self-Dealing Transaction Disclosure Form, attached hereto and incorporated
2 herein by this reference as though fully set forth herein as Exhibit K and submitting it
3 to the COUNTY prior to commencing with the self-dealing transaction or immediately
4 thereafter.
5 XXXII. NOTIFICATION
6 All notices hereunder and communications regarding interpretation of the terms
7 of the AGREEMENT and changes thereto, shall be effected by the mailing thereof by
8 registered or certified mail, return receipt requested, postage prepaid, and addressed
9 to the CONTRACT ADMINISTRATOR and the CONSULTANT's PROJECT
10 MANAGER identified above in Article I, Section C.
11 XXXIII. NON-ASSIGNMENT
12 Neither party shall assign, transfer or sub-contract the AGREEMENT or any of
13 its respective rights or duties hereunder, without the prior written consent of the other
14 party.
15 XXXIV. CONSULTANT'S LEGAL AUTHORITY
16 Each individual executing or attesting the AGREEMENT on behalf of the
17 CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly
18 authorized by or in accordance with the CONSULTANT's corporate by-laws to
19 execute or attest and deliver the AGREEMENT on behalf of the CONSULTANT; and
20 (ii) that the AGREEMENT, once he or she has executed it, is and shall be binding
21 upon such Corporation.
22 XXXV. BINDING UPON SUCCESSORS
23 The AGREEMENT shall be binding upon and inure to the benefit of the parties
24 and their respective successors in interest, assigns, legal representatives, and heirs.
25 XXXVI. INCONSISTENCIES
26 In the event of any inconsistency in interpreting the documents which constitute
27 the AGREEMENT, the inconsistency shall be resolved by giving precedence in the
28 following order of priority: (1) the text of the AGREEMENT (excluding Exhibits); (2)
29
1 Exhibits to the AGREEMENT.
2 XXXVII. SEVERABILITY
3 Should any part of the AGREEMENT be determined to be invalid or
4 unenforceable, then the AGREEMENT shall be construed as not containing such
5 provision, and all other provisions which are otherwise lawful shall remain in full force
6 and effect, and to this end the provisions of the AGREEMENT are hereby declared to
7 be severable.
8 XXXIII. SAFETY
9 A. The CONSULTANT shall comply with OSHA regulations applicable to
10 the CONSULTANT regarding necessary safety equipment or procedures. The
11 CONSULTANT shall comply with safety instructions issued by the DIRECTOR. The
12 CONSULTANT personnel shall wear hard hats and safety vests at all times while
13 working on the construction project site.
14 B. Pursuant to the authority contained in Section 591 of the Vehicle Code,
15 the COUNTY has determined that such areas are within the limits of the project and
16 are open to public traffic. The CONSULTANT shall comply with all of the requirements
17 set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT
18 shall take all reasonably necessary precautions for safe operation of its vehicles and
19 the protection of the traveling public from injury and damage from such vehicles.
20 C. Any subcontract entered into as a result of the AGREEMENT shall
21 contain all of the provisions of this Article.
22 XXXIX. RETENTION OF FUNDS
23 No retainage will be withheld by the COUNTY from progress payments due the
24 CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and
25 no retainage will be held by the CONSULTANT from progress due subconsultants.
26 Any violation of this provision shall subject the violating CONSULTANT or
27 subconsultants to the penalties, sanctions, and other remedies specified in Section
28 7108.5 of the California Business and Professions Code. This requirement shall not
30
1 be construed to limit or impair any contractual, administrative, or judicial remedies,
2 otherwise available to the CONSULTANT or subconsultant in the event of a dispute
3 involving late payment or nonpayment by the prime consultant or deficient
4 subconsultant performance, or noncompliance by a subconsultant. This provision
5 applies to both DBE and non-DBE CONSULTANTs and subconsultants.
6 XXXX. FINAL AGREEMENT
7 Both of the above-named parties to the AGREEMENT hereby expressly agree
8 that the AGREEMENT constitutes the entire agreement which is made and concluded
9 in duplicate between the two parties with respect to the subject matter hereof and
10 supersedes all previous negotiations, proposals, commitments, writing,
11 advertisements, publications, and understandings of any nature whatsoever unless
12 expressly included in the AGREEMENT. In consideration of promises, covenants and
13 conditions contained in the AGREEMENT, the CONSULTANT and the COUNTY, and
14 each of them, do hereby agree to diligently perform in accordance with the terms and
15 conditions of the AGREEMENT, as evidenced by the signatures below.
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1 IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the
2 date set forth above.
3
4 CONSULTANT: COUNTY OF FRESNO
5
6 BY: ��2�V( BY: L
Mark Imbriani, P Brian Pacheco, Chairman of the Board of
7 Vice President/ roject Manager Supervisors of the County of Fresno
TRC Engineers, Inc."
8 575 E Locust Ave., Suite 105
Fresno CA.93720
9
10 ATTEST:
ORG. NO.: 4510 Bernice E. Seidel
11 SUBCLASS NO.: 11000 Clerk to.the Board of Supervisors
FUND NO.: 0010 County of Fresno, State of California
ACCOUNT NO.: 7295
12 PROJECT NO.: C11110
BY:
13 Deputy
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20 J
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Committed
Knowledgeable
TRC
Experienced �• •,o •• ••�•
EXHIBIT "A"
SCOPE OF WORK
ARROYO PASAJERO BRIDGE REPLACEMENT PROJECT
ON EL DORADO AVENUE
BRIDGE NO. 42CO097
FEDERAL PROJECT NO. BRLO-5942(271)
J U LY 7, 2017
INTRODUCTION
CONSULTANT has developed the following Scope of Work based on the phases and tasks provided
by Fresno County in the RFP, subsequent scoping meetings on May 25 and June 13, 2017, and
meeting at Caltrans OSLA on June 14, 2017. The basic elements of the Scope of Work include:
A. County Approved Preliminary Report
B. Environmental and Permit Application Assistance
C. 30% PS&E
D. 60% PS&E
E. Final Determination of Right-of-Way Needs
F. 90% PS&E
G. Proposed 100% PS&E
H. Final PS&E for Advertisement
I. Bid Phase Services
J. Construction Support Services
The COUNTY has selected CONSULTANT to provide engineering services for the replacement of
referenced bridge, including structure and approach roadway design, geotechnical and hydraulic
studies, and the preparation of construction contract documents for the roadway and bridge. The
COUNTY will be responsible for project surveys, environmental clearance, permit applications, utility
coordination, and right-of-way engineering and acquisition, as required.
The following scope of work shall be performed by CONSULTANT and is based on the following
assumptions:
ASSUMPTIONS
In addition to the assumptions stated within the various tasks below, the following assumptions were
made in the development of the scope and fee for this project. Deviations from these assumptions
may require a changed scope, schedule, or fee.
1. No utilities will be placed on the new bridge.
2. The design of utility relocations will be by others.
3. The road will be closed during construction.
4. The horizontal alignment of the replacement bridge will match that of the existing bridge.
i„ Engineering Consultant Services
for Arroyo Pasajero Bridge Replacement 1
Project on El Dorado Avenue
for the County of Fresno
Committed
Knowledgeable
TRC
Experienced
5. A fee for revising funding paperwork as described under Task 1.K will be negotiated with the
County at a later date, as additional funding over that currently reserved will be required.
6. Channel improvements will be limited to an area 100' upstream and downstream of the
bridge. At the conclusion of Phase 1 the validity of this assumption will be evident.
7. The new structure will have a length of approximately 250-300', and will consist of 2, 3, or 5
spans as shown on Attachment 1, which was Exhibit 3 of the CONSULTANT proposal.
PHASE 0: PROJECT MANAGEMENT
TASK O.A PROJECT MANAGEMENT
CONSULTANT shall prepare monthly progress reports including a summary of work completed,
indicating percentage complete of each work task, along with an updated project schedule in tabular
or bar chart format. This task includes phone conversations with the COUNTY, direction of the work,
review of major deliverables before submittal, preparing monthly invoices showing percent complete
of each phase, and supervision of subconsultants. Progress reports and updated schedules will be
submitted to the COUNTY prior to the 2011 day of each month.
Deliverables:
• Invoices, Monthly Progress Reports and Updated Schedules
TASK 0.13 MEETING ATTENDANCE
CONSULTANT will meet with the COUNTY at a project kick-off meeting to discuss the Scope of Work,
project requirements, design criteria, and the COUNTY's most current scheduling and review
requirements. Additionally, CONSULTANT will meet with the County and project team periodically
throughout the course of the project (6 meetings assumed, including constructability review meetings
held in Phases 2 & 3). An agenda and outline will be prepared and distributed before each meeting,
and notes and an action items list will be prepared and distributed after each meeting.
Deliverables:
• Meeting Agendas
• Meeting Notes, including Action Items
PHASE 1 : PRELIMINARY DESIGN
TASK 1.A SITE VISIT
CONSULTANT will attend a site visit with County staff from the Design and Road Maintenance
Divisions to conduct a visual assessment of the existing conditions, note facilities that will be affected
by the project and confirm design assumptions. To the extent possible, these assumptions are stated
herein.
TASK 1.13 RESEARCH COUNTY RECORDS
COUNTY shall provide to CONSULTANT and CONSULTANT will review existing project information,
including funding documents, field review forms, as-built plans, bridge inspection reports, parcel
maps, utility maps, and other relevant project data. CONSULTANT is already in receipt of several of
these items.
TASK 1.0 STAKEHOLDER COORDINATION
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CONSULTANT shall research and create a list of project stakeholders, including school districts,
irrigation districts, utility companies, government agencies and property owners. CONSULTANT will
coordinate with stakeholders throughout the course of the project in order to minimize impact to their
operations and/or satisfy their design requirements. The County will assist in acquiring stakeholders'
information.
Deliverables:
• Stakeholder List
• Stakeholder Communication Records
TASK 1.D UTILITY COORDINATION (BY COUNTY)
Utility coordination will be performed by the County. There are overhead electrical lines running
across the channel on the east side of the bridge, and are believed to be outside of the County's right
of way. These electrical lines belong to PG&E. There is a buried gas transmission line running
parallel to the roadway on the west side of the bridge, and it is believed to be outside of the County's
right of way. This gas line belongs to PG&E. Finally, there is a buried telephone line belonging to
AT&T which is attached to the east edge of bridge deck.
During this phase, the County shall prepare letters and distribute to agencies/utilities requesting utility
type and location information and record drawings (Utility 'A' Letter). Distribution shall include a
location map for the project. The COUNTY will provide to CONSULTANT copies of the Utility 'A'
letters sent to the various utility owners within the project limits, and the response information received
from each owner. CONSULTANT shall identify known utility conflicts with the project and determine
which utilities, if any, need to be relocated. Subsequent utility coordination work will be performed
under"Utility Coordination/Design."
TASK 1.E SURVEYING AND MAPPING (BY COUNTY)
Task 1.E.1 Topographic Mapping
CONSULTANT will review the topographic survey provided by the COUNTY. The CONSULTANT
shall determine the extent of the survey sufficient for approach roadway design. It is anticipated that
field survey along El Dorado Avenue will extend 600 ft. from each end of the bridge, centered on the
existing roadway centerline. Survey control shall be based upon existing COUNTY horizontal and
vertical control monumentation. Contour interval shall be one foot. The location and elevations of
existing improvements, including curb and gutter, sidewalks, driveways, and existing visible surface
utility facilities within 20' of the existing right-of-way shall be obtained/verified by field survey. Also,
utility invert elevations shall be obtained where accessible. A registered Land Surveyor will lead the
County survey work and stamp the resultant mapping per BORPELS requirements for this work.
Task 1.E.2 Bridge Site Topography
CONSULTANT will review the bridge site topography provided by the COUNTY and identify any
additional surveys needed. Detailed bridge site topography length is anticipated to be 500', including
the bridge and 100' north and south of the bridge abutments. Contour interval shall be one foot. The
elevations and location of the existing bridge and foundations shall be obtained. The channel shall
also be surveyed, including top and toe of bank and thalweg elevations.
Task 1.E.3 Boundary Surveys
COUNTY will determine existing right-of-way boundaries and shall include boundary lines on the base
map. Existing monumentation and property lines shall be identified. CONSULTANT will assist the
COUNTY in determining the locations and limits of Temporary Construction Easements to be included
in the base map.
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Task 1.E.4 Waterway Cross-Sections
COUNTY shall obtain canal cross-sections by field survey at the following locations:
• Beginning at the upstream face of the existing bridge and then at 200-foot intervals to a
distance of 1000 feet upstream. Width of cross sections shall be approximately 300 feet.
• Beginning at the downstream face of the existing bridge and then at 200-foot intervals to a
distance of 1000 feet downstream. Width of cross sections shall be approximately 300 feet.
Waterway cross-sections shall include top and toe of bank, any overbanks (if present), and thalweg
elevations, as well as any grade breaks within the channel, any structures within the canal or crossing
the canal, and high water marks on the structure and channel banks.
Should additional cross-sections or topography be required, CONSULTANT will request the County
to perform such surveys.
TASK 1.F GEOTECHNICAL ASSESSMENT & DRAFT FOUNDATION REPORT
CONSULTANT will prepare a Draft Foundation Report for the site to assist in the conceptual planning,
structural evaluation type selection, and the preliminary engineering process.
Task 1.F.1 Research and Data Collection
CONSULTANT will review readily available geologic and soil literature in the vicinity of the site
including review of the geotechnical report dated February 2015 and any as-built drawings and
existing Log of Test Borings (LOTB), if any.
Permits/USA Clearances: CONSULTANT will comply with the County Permit requirements. It is
expected that two borings will be in the open areas near the two abutments and two within the channel
near new pier supports. Boring locations will be marked and USA will be called for clearances. For
borings required within the arroyo, a Fish and Game Permit will be required which will be provided by
the County.
Task 1.F.2 Field Exploration
The proposed boring program will include borings to a depth of 80-100 feet. Depending on the final
alignment and the pavement profile, R value samples can be collected from the bridge borings or
additional shallow hand samples will be collected within 200' from the abutments. These will be from
the open field area. Previous geotechnical study has focused on the scour study for the creek. The
boring locations will depend upon the permitted access and any other as-built boring data.
CONSULTANT anticipates using a truck mounted hollow stem auger drill rig (or mud-rotary drill rig if
needed) for our work. No traffic control (lane closure) is assumed at this time. The borings appear to
be accessible from the side roads and under the bridge. If traffic control is required one lane may be
closed for a short duration for an additional cost.
Classify and continuously log subsurface soil conditions encountered in each test boring at the time
of drilling. Obtain "relatively undisturbed" and bulk samples of substrata from test borings. The
borings will be drilled and capped in accordance with the permit requirements.
Task 1.F.3 Laboratory Testing
Perform laboratory tests on representative soil samples such as moisture density, unconfined
compression, gradation analyses, R-value tests, corrosion tests and Plasticity Index test, as
necessary.
Task 1.F.4 Engineering Analysis and Report Preparation
Perform engineering analyses and develop design recommendations for the proposed bridge
foundation system. Alternate foundation systems such as CIDH piles, CISS piles or Caltrans standard
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piles will be discussed. Pavement design will be based on R-value test results and Traffic Index, the
latter will be provided by the COUNTY. Discuss seismic considerations, evaluate the liquefaction
potential and comment on the site soil conditions from this standpoint. Information related to Caltrans
Seismic design criteria (SDC v 1.7 - 2010 and updated 2012 version), shall be provided. Information
related to the revised Seismic design guidelines (2010) and the ARS curves will be provided.
Following engineering analyses, prepare preliminary recommendations for the proposed bridge
foundations including results of the analyses. The format will follow Caltrans guidelines for preparing
Bridge Foundation reports. Using the general plan as a base map, CONSULTANT will provide boring
logs using the standard Caltrans LOTB sheets. Pavement design will be provided based on the R-
value test results and the Traffic Index (provided by the client).
Deliverables:
• Six copies of Preliminary Foundation Report, including LOTB drawings
TASK 1.G PRELIMINARY HYDRAULIC STUDIES
CONSULTANT will field review the proposed bridge reach with Fresno County. CONSULTANT will
review the maintenance reports for the existing bridge as well as adjacent bridges over Arroyo
Pasajero Creek to determine potential scour, drift and overtopping challenges associated with the
bridge.
Task 1.G.1 Hydrology
Peak discharges for the design event, 50- and 100-year flood event discharges will be estimated
using two different methods as outlined in the Caltrans Local Assistance Program Manual. A
statistical analysis of the upstream USGS Gage on Arroyo Pasajero (Los Gatos Creek) with a basin
transfer will be the first method. This will be checked against a regional regression analysis.
Task 1.G.2 Location Hydraulic Study
Using the HEC-RAS output data, complete a Location Hydraulic Study(Floodplain Evaluation Report)
in accordance with 23 CFR 650.113. This report is generally included in the environmental document
for the bridge.
Assumptions: CONSULTANT will complete the Floodplain Evaluation Report. It is assumed that the
bridge will not cause a significant encroachment into the floodplain; if a significant encroachment into
the floodplain is found, a separate task order will be necessary to perform additional work including a
survey of adjacent buildings to determine the potential impact of the bridge replacement on the
adjacent insurable structures. It is assumed that no significant change to the Base Flood Elevations
(BFEs) or a Conditional Letter of Map Revision (CLOMR) will be required.
Task 1.G.3 Hydraulic Analyses
Hydraulic parameters (water surface elevation and velocity) will be obtained from the Army Corps of
Engineers HEC-RAS (Hydraulic Engineering Center River Analysis System) model based on: 1) an
existing HEC-RAS model, 2) 2 to 4 channel cross sections surveyed by the COUNTY to validate the
topographic data has not changed since the HEC-RAS model was created, 3) as-built data 4) and a
reconnaissance level field investigation.
Calibration
Calibration data will be researched to determine if any highwater elevations were recorded for the
flood of record. If calibration data can be found, it will be used to calibrate the HEC-RAS model by
running the HEC-RAS model and adjusting the model parameters until the discharge associated with
the highwater marks can be replicated with the model. Variable discharges will be input into HEC-
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RAS to determine the discharge that provides a water surface elevation of matching the calibration
data. Calibration data was used to validate the hydraulic model for the bridge.
The Hydraulic Model — HEC-RAS Analysis
The river reach will be described. Manning's"n"values for the channel and overbank will be estimated
from field investigation and engineering judgment. Two steps will be used to develop the HEC-RAS
Models:
1. Create the existing HEC model
Create an existing conditions HEC-RAS model from the surveyed cross sections and HEC-RAS
model. Create a rough 2D HEC-RAS model, as outlined in the attached scope of work for River
Focus, Task 1.G.3, to verify the ineffective flow areas and estimate velocities closer to the proposed
roadway approaches. If insufficient geometry data is available, Lidar or survey data would be needed
to supplement the model.
2. Proposed Bridge Model
The HEC-RAS model will be re-run for up to 3 proposed bridge replacement configurations. The
hydraulic variables (water surface elevation, velocity, etc.) will be determined for the design
discharge, and 50- and 100-year discharges estimated under Task 1.G.1 above. Results from the
hydraulic analysis will be provided in both tabular as well as graphical output formats.
Hydraulic Criteria
Chapter 800 of the Caltrans Highway Design Manual (HDM) delineates the hydraulic design criteria
for bridges. The basic rule for hydraulic design is that bridges should be designed to pass the Q50
with sufficient freeboard and convey the Q100 without damage, although exceptions may be granted
if sufficient evidence is provided. The HDM notes that 2 feet of freeboard is often assumed for
preliminary bridge designs but leaves the recommendation for freeboard to the judgment of the
hydraulic engineer based primarily upon the debris anticipated at the bridge.
Drift
CONSULTANT will research bridge maintenance records for existing bridges upstream and
downstream of the proposed bridge to determine if any maintenance challenges have occurred such
as debris getting caught on the bridge piers. This helps to determine the necessary freeboard, span
lengths and the type of bridge pier that will minimize debris capture and therefore future maintenance.
Assumptions: There will be no change to the water surface elevations from the proposed bridge
replacement and no FEMA coordination. If a conditional letter of map revision (CLOMR) is required
by the local agency due to a change in water surface elevation caused by the new bridge a separate
task order would be required. It is assumed that a variance will not be required from the Central
Valley Flood Protection Board.
Task 1.G.4 Scour Analysis
A scour analysis, conforming to the recommendations in Hydraulic Engineering Circular No. 18 (HEC-
18), "Evaluating Scour at Bridges", will be prepared for the preferred bridge alternative. The total
estimated scour will consist of contraction scour plus local scour at the bridge, as calculated using
the methods and procedures recommended in HEC-18. CONSULTANT will utilize the streambed
samples obtained under"Geotechnical Assessment & Draft Foundation Report" as representative of
the entire channel at the site. It is anticipated that special scour provisions will be required given the
recent history of flooding along the Arroyo.
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Review maintenance records for the existing and adjacent bridges over Arroyo Pasajero Creek to
determine if the stream has degraded over time. Complete a geomorphology study as outlined in the
attached ICF Task 1.G.4 scope of work.
Assumptions: 1) Degradation estimates will be taken from the sediment transport model developed
as part of the geomorphology study. 2) It is assumed that the bridge will not be under pressure flow
so no pressure flow calculations will be required.
Task 1.G.5 Draft Design Hydraulic Study
A Draft Design Hydraulic Study will be prepared for the preferred bridge alternative. The report will
summarize the channel hydrology, bridge hydraulic analysis methodology and results, and the scour
analysis results and scour protection recommendations. Three copies of the study will be provided
to the COUNTY.
Task 1.G.6 Final Hydraulics, Scour and Bank Protection Analysis
Complete hydraulic analysis for the final proposed bridge alternative including overtopping flow.
Estimate final bridge scour for the proposed bridge. Calculations will be completed to determine the
need for bank protection. If bank protection is required, parameters will be provided according to the
FHWA HEC-23.
Assumptions: 1) If hydraulic calculations show that bank protection is necessary, it is assumed that
rock slope protection will be utilized as the bank protection, if alternative bank protection is requested
or indicated, a separate task order will be necessary for that work. 2) It is assumed that bank
protection/channel work is limited to 100' upstream and downstream of the bridge.
Deliverables:
• Six copies of Location Hydraulic Study
• Six copies of Draft Design Hydraulic Study
TASK 1.H PRELIMINARY ALIGNMENT STUDY
It is assumed the horizontal alignment will remain the same and the road will be closed with a detour
utilized. It is further assumed that only minor changes to the profile grade are required and that no
access roads to farms will be constructed.
TASK 1.1 BRIDGE TYPE SELECTION REPORT
Task 1.1.1 Draft Bridge Type Selection Report
CONSULTANT will prepare a draft Bridge Type Selection Report that will serve as a basis for design
of the bridge and approach roadway, and preparation of the Environmental Document. Information
from the hydraulic efforts will be incorporated into the study along with other required design data
such as alignment, plan and profile, lane and shoulder widths, bridge width, barrier railings,
clearances, approach treatment, scour depths, slope protection, utilities, falsework requirements,
preliminary geotechnical input, and aesthetics. Preliminary cost estimates will be provided for each
bridge alternative considered. The report will make a recommendation on the structure alternative to
be carried through to final design. A General Plan drawing of each bridge alternative will be included
in the report. CONSULTANT shall prepare a Plan & Profile sheet and a Roadway Typical Section
sheet for inclusion in the report as well. Utilities anticipated to be relocated shall be identified on the
plans. Six copies of the report will be provided to the COUNTY for review.
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Task 1.1.2 Final Bridge Type Selection Report
Following COUNTY review of the draft report, a meeting shall be held to discuss review comments.
The report shall be revised based upon this discussion and resubmitted to the COUNTY for their final
use. The COUNTY shall submit the final Bridge Type Selection Report to Caltrans for approval.
Deliverables:
• Six copies of Draft Bridge Type Selection Report
• Six copies of Final Bridge Type Selection Report
TASK 1.J PRELIMINARY REPORT
Upon receiving County and Caltrans approval of the Bridge Type Selection Report, CONSULTANT
will proceed with preparing the project Preliminary Report. This report will provide a summary of the
findings of the design studies undertaken in Phase 1, as well as environmental information provided
by the COUNTY.
Deliverables:
• Six copies of Draft and Final Preliminary Report
TASK 1.K REVISE FUNDING PAPERWORK (IF REQUIRED)
If the preliminary engineering work performed in this phase results in a change in scope, schedule,
and/or cost to the project, which is expected, CONSULTANT will prepare the HBP
Scope/Cost/Schedule Change Form (Exhibit 6-D) for PE and Construction and appropriate
attachments per Chapter 6 of the Caltrans LAPG. The completed form will be provided to the
COUNTY for signature and submittal to Caltrans. Note the County will prepare the 6-D for any
changes necessitated by right-of-way aspects.
Deliverables:
• Signature-ready copy of HBP Scope/Cost/Schedule Change Form (Exhibit 6-D) and
appropriate attachments, if required
TASK 1.L 30% PLANS AND ESTIMATE
Upon receiving County approval of the Preliminary Report, CONSULTANT will proceed with
preparing the 30% plans.
Task 1.L.1 Approach Roadway Plans
CONSULTANT shall be responsible for the approach roadway design, including civil design of the
roadway, design of the bridge rail termini, and traffic design. CONSULTANT will prepare 30%
roadway plans based on the approved Preliminary Report, consisting of the Typical Sections, Layout,
Profile & Superelevation, and Traffic Detour Plan sheets. Permanent and temporary right-of way
needs will be identified on the plans.
Task 1.L.2 Bridge Plans
CONSULTANT shall prepare the 30% bridge plans based upon the approved structure type. 30%
bridge plans will consist of the General Plan and Foundation Plan sheets. Existing utilities will be
shown, and those requiring relocation will be identified.
Task 1.L.3 General Plan-Based Cost Estimate
CONSULTANT will prepare a General Plan-Based Cost Estimate for the bridge per Chapter 11 of
Caltrans Bridge Design Aids Manual. CONSULTANT will provide itemized unit costs for the bridge
and approach roadway based on Caltrans Contract Cost Data, as well as COUNTY and
CONSULTANT cost data records. Contingencies will be 25% of the total cost at this phase.
Engineering Consultant Services
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Deliverables:
• 6 full size (22x34) copies of 30% Plans
• 6 copies of 30% General Plan Estimate
• Digital copies of 30% Plans and Estimate on compact disk
TASK 1.M 30% CONSTRUCTABILITY REVIEW MEETING
CONSULTANT shall attend a 30% Constructability Review Meeting with COUNTY staff and any
interested agencies. The purpose of the meeting will be to discuss COUNTY and agency comments
on the 30% submittal, verify compliance with agency design requirements, evaluate right-of-way
needs, and discuss any issues that may affect project schedule. The COUNTY shall provide
CONSULTANT with written comments on the 30% submittal at or before the meeting.
TASK 1.N ENVIRONMENTAL DOCUMENT (BY COUNTY)
COUNTY shall prepare the necessary environmental documentation in accordance with the California
Environmental Quality Act and National Environmental Protection Act, including supporting technical
studies. CONSULTANT will assist the COUNTY in their preparation of a project description, input to
the Area of Potential Effect (APE) map, and reviewing documents for consistency with the project
design.
Deliverables:
• Project Description
• APE Map (Input)
PHASE 2: 60% DESIGN
Upon receiving written approval from the COUNTY, 60% design will commence. This scope is written
for a cast-in-place prestressed box girder bridge alternative and is based on the sheet count below.
It is assumed that the bridge will be built on the existing alignment in a single stage. A revised scope
would be required for a staged construction or precast girder alternative.
ROAD PLANS No. of Sheets
Title Sheet with Location Map 1
Typical Cross Sections/General Notes 1
Survey Control Sheet 1
Layout/ Plan and Profile 2
Roadway Construction Details 4
Traffic Detour Plan 1
Construction Area Signs 1
Signing and Striping Plan 1
Erosion Control Plan & Details 2
Temporary Bypass Facility 1
Temporary Work Zone Signing 1
BRIDGE PLANS
General Plan 1
Deck Contours 1
Foundation Plan 1
Abutment Layout 1
Abutment Details No. 1 1
Abutment Details No. 2 1
Pier Layout 1
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Pier Details 1
Typical Section 1
Girder Layout 1
Deck & Soffit Reinforcement 1
Joint Seal Details 1
Scour Protection Details 1
Log of Test Borings No. 1 — No. 2 2
Total = 31
TASK 2.A FINALIZE DESIGN HYDRAULIC STUDY
Upon Caltrans approval of the Bridge Type Selection Report, CONSULTANT shall finalize the Design
Hydraulic Study and submit to the COUNTY for their final use.
Deliverables:
• Six copies of Final Design Hydraulic Study
TASK 2.13 FINALIZE FOUNDATION REPORT
Once bridge and foundation geometry and loads have been finalized and all review comments have
been received, the preliminary foundation report will be revised to produce the final Foundation
Report.
Deliverables:
• Six copies of Final Foundation Report, including LOTB drawings
TASK 2.0 CONTINUED ENVIRONMENTAL SUPPORT
CONSULTANT will continue support of the County's efforts in securing environmental clearance.
Work not completed or requiring changes from that performed under Task 1.N would be performed
under this task.
TASK 2.13 PERMIT APPLICATIONS (BY COUNTY)
The County shall prepare permit applications required for the Project with assistance from
CONSULTANT. CONSULTANT will assist the County by providing technical data for the permits.
Anticipated permits are listed below.
o US Army Corps of Engineers — Nationwide Permit #3 - A Pre-Construction
Notification is required.
o Regional Water Quality Control Board — Section 401, Water Quality Certification
- Individual certification is required.
o CDFW— Section 1602 Notification of Lake or Streambed Alternation (LSAA)
It is assumed that the project will qualify for Nationwide Permit (NWP) #3, which states that "any
stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or
replacement of the structure or fill; such modifications, including the removal of material from the
stream channel, must be immediately adjacent to the project or within the boundaries of the structure
or fill." If stream channel modification will occur above what is allowable under NWP #3, an individual
permit may be required.
TASK 2.E UTILITY COORDINATION/DESIGN (BY COUNTY)
The COUNTY's Utility Engineer will be responsible for all utility coordination and design.
CONSULTANT shall work with the County Utility Engineer to ensure that all utility conflicts and
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construction feasibility issues are resolved and that utilities are relocated prior to the project
advertising date. It is assumed that all new or relocated facilities will be designed and constructed by
the owners of the utilities except those for any COUNTY-owned facilities.
When design is approximately 60% complete, COUNTY will prepare Utility `B' letters and send to the
affected utility owners. COUNTY will prepare and send Utility `C' letters upon submittal of the 100%
PS&E.
TASK 2.F 60% PLANS, SPECIFICATIONS AND ESTIMATE
Task 2.F.1 Approach Roadway Design
CONSULTANT shall provide written responses to COUNTY comments on the 30% submittal. After
receiving COUNTY concurrence on responses, CONSULTANT will proceed with approach roadway
design and preparation of 60% plans, specifications, and estimate. Approach roadway design will be
per the AASHTO Geometric Design of Highways and Streets (Green Book), current edition and
errata. Details will be in accordance with Caltrans standards.
Task 2.F.2 Bridge Design
CONSULTANT shall provide written responses to COUNTY comments on the 30% bridge submittal.
After receiving COUNTY concurrence on responses, CONSULTANT will proceed with bridge design
and preparation of 60% unchecked plans, specifications, and estimate. Bridge design will be per the
AASHTO Bridge Design Specifications, current edition, with amendments by Caltrans. Bridge details
will incorporate the recommendations of Caltrans bridge design and detailing manuals, Caltrans
Memos to Designers and the State Standard Plans.
Task 2.F.3 Specifications
CONSULTANT shall collect and edit applicable COUNTY and Caltrans standard special provisions
to create the technical specifications. COUNTY will prepare the administrative, front-end
specifications, and will incorporate the technical specifications into the final bid document.
CONSULTANT will review the portions of the project specifications prepared by the COUNTY and
provide comments on the form and content. Once the Caltrans Standard Specifications and Revised
Standard Specifications, and the County boilerplate specifications versions are agreed upon at this
stage, no subsequent changes will be made even if revised version(s) of these documents are
published.
Task 2.F.4 Quantities and Marginal Cost Estimate
Quantity calculations will be performed and the Marginal Estimate prepared. Contingencies will be
reduced to 20% of the total cost. CONSULTANT will identify Final Pay items on the Engineer's
Estimate.
Deliverables:
• Comment Response Form
• 6 full size (22x34) copies of 60% Plans
• 6 copies of annotated Technical Specifications
• 6 copies of 60% Engineer's Estimate
• Digital copies of 60% PS&E on compact disk
TASK 2.G 60% CONSTRUCTABILITY REVIEW MEETING
CONSULTANT shall attend a 60% Constructability Review Meeting with COUNTY staff and any
interested agencies. The purpose of the meeting will be to discuss COUNTY and agency comments
on the 60% submittal, verify compliance with agency design requirements, evaluate right-of-way
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needs, incorporate environmental mitigations as necessary, and discuss any issues that may affect
project schedule. The COUNTY shall provide CONSULTANT with written comments on the 60%
submittal at or before the meeting.
PHASE 3: FINAL DESIGN
Upon receiving written approval from the COUNTY, final design will commence.
TASK 3.A 90% PLANS, SPECIFICATIONS AND ESTIMATE
Task 3.A.1 Approach Roadway Design
CONSULTANT shall provide written responses to COUNTY comments on the 60% submittal. After
receiving COUNTY concurrence on responses, CONSULTANT will proceed with approach roadway
design and preparation of 90% plans, specifications, and estimate.
Task 3.A.2 Bridge Independent Check
This work includes an independent check of the bridge 60% PS&E performed by a licensed engineer
who was not involved in the original design. An independent set of bridge design calculations will be
developed and comments on the design and detailing of the bridge will be generated. The reviewer's
comments will be summarized in a review comment form and marked on the plans. Any coordination
issues between the roadway and bridge plans will also be noted. The designer will respond to the
independent check comments in the review comment form and on the plans, and the designer and
reviewer will meet to discuss responses and reach resolution.
Task 3.A.3 Quantities Check
An independent set of quantity calculations will be performed by individuals experienced in this work.
These will be organized and detailed for use by field inspectors during construction. Standard
Caltrans summary sheets will be used for quantity calculations, facilitating use by COUNTY
construction personnel. Quantity estimators must agree within tolerances prescribed in Chapter 11
of Caltrans Bridge Design Aids. Any deviations will be resolved and the Marginal Estimate updated.
Contingencies will be reduced to 10% of the total cost. CONSULTANT will identify Final Pay items
on the Engineer's Estimate.
Task 3.A.4 Specifications Check/Update
An independent check of the project technical specifications will be performed by individuals
experienced in this work. If made available, a review of the County's front-end specifications will be
performed, and comments on form and content as it relates to the project will be provided.
Task 3.A.5 PS&E Update
CONSULTANT will proceed with updating the PS&E based on COUNTY and independent check
comments.
Deliverables:
• Comment Response Form
• 6 full size (22x34) copies of 90% Plans
• 6 copies of annotated Technical Specifications
• 6 copies of 90% Engineer's Estimate
• Digital copies of 90% PS&E on compact disk
TASK 3.13 FINAL DETERMINATION OF RIGHT-OF-WAY
c„ Engineering Consultant Services 12
for Arroyo Pasajero Bridge Replacement
= ! Project on El Dorado Avenue
for the County of Fresno
Committed
Knowledgeable TRC
Experienced fc
CONSULTANT shall determine and delineate right-of-way needs for the Project; which shall include
and distinguish between acquisition or slope easements required for road right-of-way, permanent
easements for other agencies, if any, and temporary construction easement areas necessary to
facilitate construction of the Project and use as staging areas.
Drawings depicting the right-of way needs shall be provided in AutoCAD / Civil 3D format and shall
include sufficient detail to facilitate preparation by COUNTY of associated legal descriptions and
exhibit drawings for right-of-way contracts. Upon request, CONSULTANT shall provide legal
descriptions to the COUNTY as an Optional Service.
Deliverables:
• Right-of-Way Delineation Drawings in AutoCAD Civil 3D format
TASK 3.0 90% CONSTRUCTABILITY REVIEW MEETING
CONSULTANT shall attend a 90% Constructability Review Meeting with COUNTY staff and any
interested agencies. The purpose of the meeting will be to discuss COUNTY and agency comments
on the 90% submittal, verify compliance with agency design requirements, evaluate right-of-way
needs, incorporate environmental mitigations as necessary, and discuss any issues that may affect
project schedule. The COUNTY shall provide CONSULTANT with written comments on the 90%
submittal at or before the meeting.
TASK 3.1) 100% PLANS, SPECIFICATIONS, AND ESTIMATE
CONSULTANT will provide written responses to COUNTY comments on the 90% submittal. After
receiving COUNTY concurrence on responses, CONSULTANT will finalize the PS&E and send to
COUNTY for final approval. CONSULTANT will provide the COUNTY with an anticipated working
day schedule for use in determining the number of working days in the construction contract.
Deliverables:
• Comment Response Form
• 6 full size (22x34) copies of 100% Plans
• 6 copies of Engineer's Estimate
• 1 copy of Anticipated Working Day Schedule
Digital copies of Draft PS&E on compact disk
TASK 3.E FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
Upon approval of the 100% PS&E, CONSULTANT will submit the Final PS&E to the COUNTY. The
final plans, specifications, and quantities will be stamped and signed by an engineer licensed to
perform the work in California.
Deliverables:
• 1 full size (22x34) copy of Signed Plans on mylar
• 1 set of signed Bridge Calculations
• 1 copy of signed project specifications title sheet
1 set of signed Quantities
• 1 set of signed Independent Check Quantities
• 1 copy of final Engineer's Estimate
Digital copies of Final PS&E on compact disk, including AutoCAD files
PHASE 4: ASSISTANCE DURING BIDDING AND CONSTRUCTION
c„ Engineering Consultant Services
for Arroyo Pasajero Bridge Replacement 13
= ! Project on El Dorado Avenue
for the County of Fresno
Committed
Knowledgeable
TRC
Experienced
Resuha you can Tory o�
Upon receiving written approval from the COUNTY, assistance during bidding and construction shall
commence.
TASK 4.A ASSISTANCE DURING BIDDING
This task includes attendance of the pre-bid meeting, response to requests for information (RFI)
during bidding, preparation of addenda as required, and analysis of contractor bids, if requested.
Deliverables:
• Electronic copy of Addenda Drawings and Documents
TASK 4.13 CONSTRUCTION SUPPORT
This task includes attendance at the preconstruction conference held by the COUNTY, assistance in
responding to RFIs, input to change orders, and review of contractor shop plan submittals. The
COUNTY shall provide final approval of all submittals.
The COUNTY shall provide contract administration and oversight during construction. The County
will perform all construction management work including reviews of submittals not considered shop
drawings. Should the COUNTY desire assistance from CONSULTANT for these items of work, a
separate scope of work and fee will be required. CONSULTANT shall attend up to five (5)field visits
during the construction phase to provide technical support.
Deliverables:
• Electronic responses to Contractor RFIs
• Reviews of Contractor Submittals
SERVICES TO BE PROVIDED BY COUNTY
1. Project meeting attendance.
2. Review and comment on project deliverables.
3. Provide survey topographic map of project site.
4. Provide County standard special provisions.
5. Prepare non-technical, administrative portions of the specifications and contract documents.
6. Provide utility coordination.
7. Obtain environmental clearance.
8. Complete permit applications (with input from CONSULTANT) and submit to affected
agencies.
9. Provide right-of-way engineering, property appraisal and acquisition services.
10. Provide cost data from similar projects recently constructed in the County.
11. Provide project approval.
12. Project stakeholder coordination, as required (with assistance from CONSULTANT).
13. Perform publication, duplication, and advertising for bids for construction.
14. Prepare and issue addenda during bidding (with assistance from CONSULTANT).
15. Perform construction contract administration services.
16. CADD Template at N.T.P.
„. Engineering Consultant Services 14
for Arroyo Pasajero Bridge Replacement
Project on Ell Dorado Avenue
for the County of Fresno
Committed TRC
Knowledgeable
Experienced ^^
TASK 1.G.3
2D MODELING
SCOPE OF WORK
South El Dorado Avenue Bridge on Los Gatos Creek
Hydrologic and Hydraulic Analysis
This scope of work was prepared by River Focus, Inc. at the request of Avila and Associates
Consulting Engineers, Inc. (Avila). The purpose of this study is to perform hydrologic and hydraulic
modeling to support the design of the new South El Dorado Avenue Bridge on Los Gatos Creek.
Described below are the anticipated project tasks to be performed by River Focus.
Task 1. Hydrologic Analysis
River Focus will perform a hydrologic analysis to develop the 1% annual chance exceedance (100-
year)flood event inflow hydrograph for use in the two-dimensional (2D) hydraulic modeling described
in Tasks 2 and 3 below. The analysis will consist of utilizing existing gage data from USGS streamflow
gage#11224500 (Los Gatos Creek above Nunez Canyon near Coalinga, California)which is located
more than 20 miles upstream of the project site.
Streamflow data from the 1995 event, the largest on record for the gage, will be collected and
analyzed and scaled to a peak flow of 35,000 cfs, which represents the 1% annual chance
exceedance (100-year) flow at the project site (computed by others).
Deliverables:
• 1-page summary of hydrologic analysis
Task 2. Existing Conditions Hydraulic Analysis
River Focus will develop a HEC-RAS (River Analysis System) 2D hydraulic model for the study area
to compute existing conditions flood inundation boundaries, water surface elevations, and flood
depths. The hydraulic model will be developed based on the best available topography, land use
data, and as-built plans. The 1% annual chance exceedance (100-year) peak discharge will be
modeled.
Existing conditions 2D model results will be utilized in the development of the existing conditions 1 D
model to accurately define ineffective flow locations and cross-section placement.
Deliverables:
• Existing conditions 2D hydraulic model
Task 3. Proposed Conditions Hydraulic Analysis
River Focus will create a proposed conditions HEC-RAS 2D hydraulic model within the study reach.
The existing conditions model will be used with the proposed bridge incorporated.
Proposed conditions 2D model results will be utilized in the development of the proposed conditions
1 D model to accurately define ineffective flow locations and cross-section placement. Velocity vector
data for the 100-year event will also be utilized for rock slope protection (RSP) placement.
River Focus will prepare a brief summary of the 2D hydraulic model development for incorporation
into the hydrology and hydraulics report to be prepared by Avila.
Engineering Consultant Services
for Arroyo Pasajero Bridge Replacement 15
Project on El Dorado Avenue
for the County of Fresno
Committed
Knowledgeable
TRC
Experienced �• �.�=• nno
Deliverables:
• Proposed conditions 2D hydraulic model
• Summary of 2D hydraulic model development
Assumptions:
• Only one iteration for the proposed bridge will be modeled.
Task 4. QA/QC Review of Hydraulic models
River Focus will perform a quality assurance and control review of the one-dimensional (1 D) hydraulic
models developed by Avila.
Deliverables:
• Summary of QA/QC review for existing and proposed conditions 1 D hydraulic models
Total Cost: $9,000
i„ Engineering Consultant Services 16
for Arroyo Pasajero Bridge Replacement
Project on El Dorado Avenue
for the County of Fresno
Committed
Knowledgeable
TRC
Experienced �•w� ^ •^-�^^
TASK 1.G.4
GEOMORPHOLOGY STUDY
SCOPE OF WORK
The following assumptions were used to develop our cost estimate:
• No topographic survey will be conducted as part of this scope of work.
• No geotechnical evaluation/assessment (subsurface borings)will be conducted by ICF under
this scope of work. No soils sampling will be conducted by ICF under this scope of work.
• Information on the proposed bridge location will be provided to ICF by Avila.
• Two days of fieldwork is assumed.
• A project schedule will be developed by the ICF Project Manager in coordination with Avila.
• Avila will coordinate with landowners for site access to conduct the field survey.
• Three (3) hard copies and an electronic copy (pdf) of the deliverable will be provided to Avila.
TASK 1: PROJECT MANAGEMENT AND MEETING ATTENDANCE.
ICF will oversee project management, including time-keeping, invoicing, and coordination with Avila.
ICF will also attend any required meetings.
TASK 2: CONDUCT FIELDWORK TO EVALUATE EXISTING GEOMORPHIC CONDITIONS IN THE
VICINITY OF THE PROJECT AREA.
ICF will perform a geomorphic assessment in order to characterize the existing geomorphic conditions
in the vicinity of the project area. The focus of the assessment will be to determine if the proposed
location of the bridge is within a stream reach characterized by depositional or scour processes and
the potential for a future scour event to erode into the proposed bridge location. A brief overview of
the watershed will be presented, focusing on sources of sediment and runoff into the project reach.
The geomorphic assessment will be conducted on Arroyo Passajero where access is granted.
The rapid geomorphic assessment will include evaluation of the following indicators to assess the
degree of incision of the channel and aid in determining scour risk of the proposed bridge.
• Watershed Inputs
• Riparian Condition
• Substrate Composition and Embeddedness
• Bank Instability and Bank Characteristics
• Pool Frequency and Depth
• Bar Development and Upstream Sediment Input
Watershed Inputs
A rapid reconnaissance of the watershed immediately upstream of the project area will be conducted
to GPS map the major inputs of sediment and runoff into the project creek. The objective will be to
identify any land use changes that could alter the balance of sediment supply and runoff that could
lead to future instability (e.g., channel aggradation or degradation) in the project reach.
„. Engineering Consultant Services
for Arroyo Pasajero Bridge Replacement 17
Project on El Dorado Avenue
for the County of Fresno
Committed
Knowledgeable
TRC
Experienced
Riparian Condition
Riparian condition refers to a description of the general health of the riparian area, focusing on the
amount and type of vegetative cover. Riparian condition will be described as low (0-25 % vegetative
cover), moderate (25-50 % vegetative cover), high (50-75 % vegetative cover), or very high (75-100
% vegetative cover). The size and approximate age of any riparian vegetation growing in the channel
bed will be described since this is evidence of channel adjustment and possible re-stabilization from
a prior disturbance.
Substrate Composition and Embeddedness
Substrate composition and embeddedness refers to the size of the substrate materials on the bed of
Arroyo Pasajero, and the degree to which these materials are embedded. These conditions will
indicate how frequently the channel substrate is mobilized. Substrate composition and
embeddedness will be measured at various sampling points using the methods described by Bunte
and Abt (20011).
Bank Instability and Bank Characteristics
ICF will GPS map and measure the dimensions of areas of unstable banks (banks that are either
actively retreating or have the potential to retreat in the near future). The results will highlight areas
where the channel may still be downcutting and over-steepening banks and also describe the
potential for the channel to potentially laterally migrate and increase the risk of bridge instability.
Pool Frequency and Depth
ICF will GPS map pool frequency and measure pool depths in the project area to understand how
deep the channel has scoured below the average bed elevation in the past and use this evidence as
an indicator of the likelihood for future scour.
Bar Development and Upstream Sediment Input
Bar development refers to the formation of any significant channel bar bedforms, such as mid-channel
bars and point bars, and can indicate the prevalence of depositional or erosional processes in the
channel. Where significant bar development is encountered in the project area reach, it will be GPS
mapped and its extent and dominant sediment composition (i.e., sand, gravel, cobble, boulder) will
be noted.
Task 3: Review existing historical geomorphic data.
ICF will obtain relevant aerial photography for the project area and will analyze it to determine the
historic alterations that have occurred in the vicinity of the project area. The air photo will be
georeferenced in GIS and analyzed to aid in determining if and when channelization occurred and
how many years the channel had had to recover from its disturbance and evolve to a new channel
stability. ICF will also review other available pertinent literature and maps to assimilate any pertinent
historical geomorphic and/or hydrologic trends.
Task 4: Level 2 analysis.
As part of the Level 2 analysis, ICF will use the developed hydraulic model of the site and conduct a
sediment transport analysis to calculate the discharge required to mobilize sediment in the existing
channel using standard methods (e.g., Federal Highway Administration 2012). The discharge will be
1 Bunte, K., and S. R. Abt. 2001. Sampling surface and subsurface particle-size distributions in wadable
gravel-and cobble-bed streams for analyses in sediment transport, hydraulics, and streambed monitoring.
General Technical Report RMRS-GTR-74. Fort Collins, CO: U.S. Department of Agriculture, Forest Service,
Rocky Mountain Research Station.
„. Engineering Consultant Services 18
for Arroyo Pasajero Bridge Replacement
Project on Ell Dorado Avenue
for the County of Fresno
Committed
Knowledgeable
TRC
Experienced �• � •^-�^^
equated to a flood frequency event to show the probability that a certain flood event is capable of
scouring the bed and banks. The HEC-RAS hydraulic model will be based on the topography
previously surveyed for the site and appropriate hydrology. Manning's n roughness values will be
determined during the site visit. A range of flows from low frequency to high frequency events will be
modeled. The hydraulic shear stress and velocity output will be input into sediment transport
calculations to show the sediment size predicted to be mobilized for a given flood event. The results
will be compared with the sediment sizes measured in the field to determine the likelihood that the
project reach will continue to scour and laterally migrate.
Task 5: Bank stabilization strategies (optional).
ICF will also develop conceptual bank stabilization strategies for the project reach (as an optional
task). ICF has performed bank erosion modeling on sites such as this in the past. The bank erosion
modeling will show how shear stress is distributed along the bank profile and how far back the bank
may retreat until some sort of equilibrium is reached. The modeling effort will then inform the specific
bank stabilization procedure(s) that may be applicable.
Task 6: Develop geomorphic assessment.
ICF will synthesize the information obtained from these tasks in an associated geomorphic
assessment technical memorandum with supporting graphics. The overall intent of the assessment
will be to describe the current stage of channel evolution and predict how the channel will continue to
evolve. ICF will determine potential future rates of channel incision and lateral migration within the
study reach, and to help identify possible bank stabilization procedures.
Fee
ICF proposes to complete the work on a time and materials basis with a not-to-exceed amount of
$38,614.44. A detailed cost itemization is attached. We hope that you find our scope of services and
price proposal acceptable; we look forward to providing the requested services.
„. Engineering Consultant Services
for Arroyo Pasajero Bridge Replacement 19
Project on El Dorado Avenue
for the County of Fresno
Committed
Knowledgeable
Experienced ATTACHMENT 1 TRC
BE 250'-0 MEASJRF-. _rt1G EL DORADO AVE EB r TRC 6051 N.Fresra SL.Sa6e 200
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CONFIGURATION B
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CONFIGURATION C CIP/PS CONCRETE SLAB PUPS CONCRETE SLAB
ELEVATIONS ALTERNATIVE 3 ALTERNATIVE 4
SCALE: 0 10 20 40 FEET
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I o�,p I/ BURIED TRANSMISSION 0 5 10 20
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____ _ l __ j�J�BRIDGE ___ _ _I EB
%Ji' EL DORADO AVENUE Indicates Existing Structure O1 CONCRETE BARRIER TYPE 736
BB J Ir Indicates New Structure
-; Indicates Bridge Removal(Portion)
(E)BRIDGE 1 •%ice► Indicates Direction of Flow
NUMBER 420OB7 R a Indicates Direction of Traffic
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24 SCALE:
COUNTY OF FRESNO ARROYO PASAJERO BRIDGE REPLACEMENT
aEswr%n.R.YATES 03-24-17 MARK IMBRIANI
2Aetxty K.NEGORO 03-24-17 SUPE BOG '�- VARIES DEPARTMENT OF PUBLIC WORKS AND PLANNING ON EL DORADO AVENUE REPLACEMENT ALTERNATIVE
Engineering Consultant Services
for Arroyo Pasajero Bridge Replacement 20
! Project on El Dorado Avenue
K;• & for the County of Fresno
EXHIBIT B
Committed L TRC
Knowledgeable
Experienced QPSeI«yo CdereyOe
SECTION 8 - FIRM ORGANIZATION CHART
Below, we show our organization chart for your project. From the organization chart you can see the
disciplines we are prepared to offer you for your project. It is this breadth of experience that will allow
us to meet your needs and provide quality contract documents and minimal change orders. The TRC
Team is ready and possesses the skills to make your project a success.
co�y
O '"sb O
FRLS
Project
Manager
Mark Imbriani,PE
TRC
DeputyProjectManager e
Robin Yates,PE Quality
L TRC Tom Tracy,PE
TRC
I Structural Permitting
rregGross,PE Robin Yates,PE Pete Choi
tina Conklin,PE Todd Lambert,PE
Glenn Armstrong,PE Anand Kalidindi, PE,SE
Aaron Bedal,PE Mark Christensen,PE
Bryan Igarta,EIT Cameron Pinkerton,PE
Kiana Negoro,EIT
L =10141111
Cathy Avila, PE
By County Personnel By County Personnel 0
Ga5ry Parikh,PE,GE
or Consultant David Wang,PhD, PE
�PARIKH
L TRC PAR QIKH
Results you can rely on _,e11,0"„q� p
10680 White Rock Road,Suite 100 1300 Galaxy Way,Suite 12 2360 Clume Drive,Suite A
Rancho Cordova,CA 95670 Concord,CA 94520 San Jose,CA 95131
(916)366-0632 (925)673-0549 (408)452-9000
Contact: Mark Imbriani Contact:Cathy Avila Contact: Gary Parikh
Engineering Consultant Services 21
for Arroyo Pasajero Bridge Replacement
Project on El Dorado Avenue
for the County of Fresno
EXHIBIT C
County of Fresno
Arroyo Pasajero Bridge Replacement Project on El Dorado Avenue
Design and Construction Schedule
ID Task Name Duration Start Finish Predecessors 2018 2019 2020
4 11 Q2 Q3 Q4 Q1 Q2 C3 Q4 Q1 C2 Q3 04
1 DESIGN AND CONSTRUCTION SCHEDULE 756 days Mon 11/27/17 Mon 10/19/20
2 Notice to Proceed 0 days Mon 11/27/17 Mon 11/27/17
3 Phase 0:Project Management 706 days Mon 11/27/17 Mon 8/10/20
4 O.A Project Management 706 days Mon 11/27/17 Mon 8/10/20 2 <
5 0.B Meeting Attendance 706 days Mon 11/27/17 Mon 8/10/202
6 Phase 1:Preliminary Design 220 days Mon 11/27/17 Fri 9/28/18
7 1.A Site Visit 10 days Mon 11/27/17 Fri 12/8/17 2 7
6 1.B Research County Records 10 days Mon 11/27/17 Fri 12/8/172 6
9 1.0 Stakeholder Coordination 210 days Mon 12/11/17 Fri 9/28/18 8 9
10 1.D Utility Coordination(By County) 210 days Mon 12/11/17 Fri 9/28/18 8
11 1.E Surveying and Mapping(By County) 15 days Mon 11/27/17 Fri 12/15/172
12 1.F Geotechnical Assessment&Preliminary 60 days Mon 11/27/17 Fri 2/16/18 2
Foundation Report
13 1.G Preliminary Hydraulic Studies 50 days Mon 12/18/17 Fri 2/23/18 11
14 1.H Preliminary Alignment Study(If Required) 20 days Mon 12/18/17 Fri 1/12/18 11 1a
15 1.1 Bridge Type Selection Report 30 days Mon 2/26/18 Fri 4/6/18 11,12,13
16 County Review Bridge Type Selection Report 15 days Mon 4/9/18 Fri 4/27/18 15
17 Caltrans Approve Bridge Type Selection Report 20 days Mon 4/30/18 Fri 5/25/18 16
18 1.1 Finalize Bridge Type Selection Report 10 days Mon 5/28/18 Fri 6/8/18 17 16
19 1.J Preliminary Report 40 days Mon 5/28/18 Fri 7/20/18 17
20 1.K Revise Funding Paperwork(If Required) 5 days Mon 7/23/18 Fri 7/27/18 19 20
21 1.1-30%Plans and Estimate 25 days Mon 7/23/18 Fri 8/24/18 19
22 County Review 30%Plans and Estimate 15 days Mon 8/27/18 Fri 9/14/18 21
23 1.M 30%Constructability Review Meeting 10 days Mon 9/17/18 Fri 9/28118 22
24 1.N Environmental Document Support 210 days Mon 11/27/17 Fri 9/14/18 2 24
25 Phase 2:60%Design 340 days Mon 11/27/17 Fri 3/15/19
26 1.0 Stakeholder Coordination(Continued) 110 days Mon 10/1/18 Fri 3/1/199 26
27 2.A Finalize Hydraulic Study 20 days Mon 10/1/18 Fri 10/26/18 23,13 27 i
28 2.B Finalize Foundation Report 40 days Mon 10/1/18 Fri 11/23/1823,12 28
29 2.0 Environmental Document(By County) 210 days Mon 11/27/17 Fri 9/14/182
17
30 2.D Permit Applications 130 days Mon 9/17/18 Fri 3/15/19 29
31 2.E Utility Coordination/Design(By County) 110 days Mon 10/1/18 Fri 3/1/19 10
32 2.F 60%Plans,Specifications,and Estimate 90 days Mon 10/1/18 Fri 2/1/1923
33 County Review 60%Plans and Estimate 15 days Mon 2/4/19 Fri 2/22/19 32
34 2.G 60%Constructability Review Meeting 10 days Mon 2/25/19 Fri 3/8/1933
35 Phase 3:Final Design 320 days Mon 3111/19 Fri 5/29/20
36 1.0 Stakeholder Coordination(Continued) 100 days Mon 3/11/19 Fri 7/26/19 34 36
37 2.E Utility Coordination/Design(By County) 130 days Mon 3/11/19 Fri 9/6/19 34
(Continued)
38 2.D Permit Applications(Continued) 15 days Mon 3/18/19 Fri 4/5/19 30
39 3.A 90%Plans,Specifications,and Estimate 110 days Mon 3/11/19 Fri 8/9/19 34 39
ao County Review 90%PS&E 15 days Mon 8/12/19 Fri 8/30/19 39 40
41 3.B Final Determination of Right-of-Way 20 days Mon 3/11/19 Fri 4/5/1934
42 3.0 90%Constructability Review Meeting 15 days Mon 9/2/19 Fri 9/20/1940
43 County Right-of-Way Process 125 days Mon 4/8/19 Fri 9/27/1941,29
44 Utility Relocation Work 100 days Mon 9/30119 Fri 2/14/2043,37
45 3.D 100%Plans,Specifications,and Estimate 60 days Mon 9/30/19 Fri 12/20/1942,37,43
46 County Review Draft PS&E 15 days Mon 12/23/19 Fri 1/10/2045
47 3.E Final Plans,Specifications,and Estimate 40 days Mon 1/13/20 Fri 3/6/2046
48 Caltrans Issue E-76 for CON 60 days Mon 3/9/20 Fri 5/29/20 47,43
49 Phase 4:Bidding and Construction 161 days Mon 3/9/20 Mon 10/19/20
50 County Advertisement Process 120 days Mon 3/9/20 Fri 8/-2 1/20�43,38,47 50
51 4.AAssistance During Bidding 60 days Mon 6/1/20 Fri 8/21/2048
52 County Process Contractor NTP 40 days Mon 8/24/20 Fri 10/16/20 51
53 4.B Construction Support 1 day Mon 10/19/20 Mon 10/19/2052,44
Project:P2017-18_Arroyo_Pasajero_S Critical Split .................. Task County Task Caltrans Task- Milestone ♦ Summary Critical
Date:Mon 10/16/17 4,
ntTRC Page 1 O
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FRESH
22
EXHIBIT D
OBLIGATIONS OF THE COUNTY OF FRESNO
The County will provide the services and materials listed below in support of the Consultant's professional
services. The County does not give warranty, expressed or implied, regarding the accuracy of studies and
reports. The Consultant will be responsible for the evaluation of all information supplied by the County.
A. Loan or provide copies of as-built plans, bridge reports and any other reports or documents to
Consultant as may be available or deemed necessary.
B. Examine documents submitted to County by Consultant and timely render decisions pertaining
thereto.
C. Provide topographic survey of the project site.
D. With proactive and ongoing assistance from the Consultant as described previously, prepare the
appropriate environmental documentation in accordance with the California Environmental
Quality Act and the National Environmental Protection Act.
E. Provide letters to utility companies identified by Consultant to be in conflict and coordinate
between various utilities and Consultant.
F. Prepare all legal descriptions and associated right-of-way contract exhibit drawings required for
right-of-way acquisition and/or temporary construction easements.
G. Prepare and submit CEQA and NEPA applications.
H. Hire environmental consultant(s) to prepare any required technical studies.
I. Provide property appraisal and acquisition services for right-of-way and easements required for
the Project. It is anticipated that right-of-way acquisition may take up to 18 months after receipt
of Caltrans approval to proceed therewith.
J. Submit applications, assisted by the Consultant as described previously, to obtain all required
permits from all affected agencies.
K. Pay all fees for required agency reviews and permits.
L. Arrange for and pay for the reproduction costs of printing the final bidding and construction
documents.
M. Combine Consultant's technical specifications with County's Special Provisions Sections 1 through
9, Notice to Bidders calling for bids, the Proposal and Agreement Sections, to create a complete
set of documents for advertising.
N. Advertise, process bids, and award construction contract.
O. Distribute any required addenda.
P. Provide construction contract administration services, which services shall include, but may not
be limited to:
• Conduct the pre-construction conference.
• Issuing the Notice to Proceed to contractor.
• Authorizing and making progress payments.
• Authorizing and issuing contract change orders.
• Authorizing supplemental fund payments.
• Accepting the Project and issuing the Notice of Completion.
Q. Provide a County representative.
R. Attend and participate in meetings with the Consultant and other agencies as required.
S. Provide construction inspection and testing.
23
EXHIBIT E
PAYMENT PROVISIONS
SPECIFIC RATES OF COMPENSATION—BASIC SERVICES
1. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in
CONSULTANT's Rate Schedule attached hereto. The specified hourly rates shall include
direct salary costs, employee benefits, overhead, and fee.
2. In addition, CONSULTANT will be reimbursed for incurred(actual)direct costs other than
salary and subconsultant costs. CONSULTANT will be reimbursed for subconsultant costs at
actual cost.
3. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified
by the COUNTY.
4. Progress payments will be made monthly in arrears based on services provided and actual
costs incurred.
SPECIFIC RATES OF COMPENSATION— SUPPLEMENTAL SERVICES
The basis of payment for the supplemental services provided under this agreement shall be at
the standard hourly rates specified in CONSULTANT's Rate Schedule attached hereto. The
fee shall be negotiated for each individual supplemental service. In addition payment
provisions include those four items listed under Basic Services above.
TOTAL COMPENSATION
The specific rates of compensation are not adjustable until January 1,2018, at which point any
escalation will be made in accordance with the relevant article(s)of the Agreement.
The total amount payable by COUNTY for Basic Services hereunder shall not exceed the sum of
$569,211,unless authorized by an amendment to this Agreement.
For billing purposes work will be segregated between Basic and Supplemental Services. Total
expenditures made under this Agreement for Basic and Supplemental Services combined shall not
exceed the sum of$624,076,without amendment of this Agreement.
24
EXHIBIT E
COUNTY OF FRESNO TRC ENGINEERS Date: 08/14/17 Project: Increase: 0.0%
ARROYO PASAJERO BRIDGE PROJECT DESIGN FEE ESTIMATE WORKSHEET P2017-18 Sub admin: 0
FEE 2016
Expenses Subconsultants
Description Amount Name Amount
Travel Parikh Consultants $60,023.00
Airfare(round trips) $0 Avila R Associates $34,815.75 Total Basic Servi,ecs Fee Estimate
Mileage $551 Labor $471,270
Lodging $6001 Subconsultants $94,839
Per Diem $136 Expenses $3,103
Car Rental $180 Total Basic Services $569,211
Misc. $0 Total $94,838.75
Travel Subtotal $1,467
Supplemental Services Total Fee Estimate
Other Direct Costs $1,636 Name Amount Basic Services $569,211
ODC Subtotal $1,636 Task 1.G.4.-Geomorpholgy $38,615.00 Supplemental Services $54,865
Task 1.G.3 2D Hydraulic Modeling $9,000.00 $0
Total $3,103 TRC-Hydraulic Coordination $5,000.00 Total Services $624,076
TRC Project Management $2,250.00
Total 1 $54,865.00
8/14/2017
P2017-18 Arroyo Pasajero Fee EST_Combined_REV052417rev062517rev070517rev081417,Expenses_Totals
25
EXHIBIT E
COUNTY OF FRESNO TRC ENGINEERS Date: 08/14/17 Project: Increase: 0.0%
ARROYO PASAJERO BRIDGE PROJECT DESIGN FEE ESTIMATE WORKSHEET Start Date: 7/23/2017 P2017-18 Sub Admin: 10%
FEE 2016 End Date: 4/24/2020
LABOR
Task Task Description Senior Project Project Project Engineer Senior Engineer II& CADD CADD Desktop Administrative Total Total Phase
S ecialist Manacier &Project Planner Engineer Env Planner En !near I Supervisor Technician Publisher Assistant Hours $ Subtotals Of
Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hrs $ Total
Phase 0: Project Management 363 62470 13%
O.A Project Management 83 72 48 24 24 251 43790
0.13 Meeting Attendance 6 mt s assumed 24 36 36 8 8 112 18680
Phase 1: Preliminary Design 1 986 126190 27%
1.A Site Visit 8 4 4 16 3280
1.13 Research County Records 1 41 4 9 1530
1.0 Stakeholder Coordination 1 20 20 6 47 7070
1.13 Utility Coordination(By County) 8 8 16 2560
1.E Surveying and Mapping B County) 2 2 41 1 41 2 14 1700
1.F Preliminary Geotechnical Assessment&Foundation Report By Subconsultant,Parikh
1.G Preliminary Hydraulic Studies
1.G.1 Hvdroloav 1 1 145
1.G.2 Location Hydraulic Study 4 4 4 12 2280
1.G.3 Hydraulic Anal ses 2 2 4 2 10 1620
1.G.4 Scour Analysis&Scour Protection Design 2 4 2 8 1490
1.G.5 Draft Design Hydraulic Study 2 4 4 10 1780
1.H Preliminary Alignment Study 41 1 24 41 401 1 72 9580
1.1 Bridge Type Selection Report
1.1.1 Draft Bridge Type Selection Report 4 30 60 160 4 32 290 33730
1.1.2 Final Bridge Type Selection Report 1 8 8 8 2 4 2 33 4370
1.J Preliminary Report 1 20 8 24 4 57 7490
1.K Revise Funding Paperwork If Required) 4 4 1000
11 30%Plans and Estimate
11.1 Approach Roadway Plans 11 32 100 133 15350
11.2 Bridge Plans 2 8 64 2 16 92 9530
11.3 General Plan-Based Cost Estimate 1 8 4 40 53 6030
1.M 30%Constructability Review Meeting 2 4 4 1 2 13 1995
1.N Environmental Document Support 16 24 8 20 16 8 4 96 13660
Phase 2: 60%Design 1184 137540 29%
2.A Finalize Design Hydraulic Study 1 11 1 2 395
2.13 Finalize Geotechnical Assessment&Foundation Report By Subconsultant,Parikh
2.0 Continued Environmental Document Support 2 4 4 4 14 2160
2.D Permit Applications 8 12 20 4 2 46 7040
2.E Utility Coordination/Desi n(By Count 4 16 4 4 8 36 5680
2.F 60%Plans,Specifications&Estimate
2.F.1 Approach Roadway Design 1 80 160 40 281 33250
2.F.2 Bride Design 2 8 40 320 60 180 610 63300
21.3 Specifications 4 40 32 12 4 92 13820
2.F.4 Quantities and Marginal Cost Estimate 2 8 8 32 40 90 9900
2.G 60%Constructability Review Meeting 2 4 4 1 2 13 1995
Totals Page 1 Hrs 0 Hrs 189 Hrs 482 Hrs 334 Hrs 20 Hrs 974 Hrs 76 Hrs 340 Hrs 64 Hrs 54 2533 2533 326200 69
Rate 0.0 Rate 250.0 Rate 175.0 Rate 145.0 Rate 125.0 Rate 95.0 Rate 135.0 Rate 95.0 Rate 75.0 Rate 70.0
Fee/Classification 0 47250 84350 48430 2500 92530 10260 32300 4800 3780 326200 hours ok
%of Total Hours/Classification 0% 7% 19% 13% 1% 38% 3% 13% 3% 2% 100% 1 $ok
P2017-18 Arroyo Pasajero Fee EST_Combined_REV052417revO62517revO70517revO81417,Labor1 8/14/2017 26
EXHIBIT E
COUNTY OF FRESNO TRC ENGINEERS Project: Increase: 0.0%
ARROYO PASAJERO BRIDGE PROJECT DESIGN FEE ESTIMATE WORKSHEET P2017-18 Sub admin: 1 10
FEE 2016
LABOR
Task Phase Description Senior Project Project Project Engineer& Senior Engineer II& CADD CADD Desktop Administrative Total Total Phase
Specialist Mana er Project Planner Engineer Env Planner Engineer I Supervisor Technician Publisher Assistant Hours $ Subtotals of
Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hrs $ Total
Phase 3: Final Design 735 97570 21
3.A 90%Plans,Specifications and Estimate
3.A.1 Approach Roadway Design 1 40 20 100 161 19250
3.A.2 Bride Independent Check 2 16 200 16 234 33820
3.A.3 Quantities Check 1 2 16 40 59 6720
3.A.4 Specifications Check/Update 1 1 20 161 1 4 2 43 6510
3.A.5 PS&E Update 16 20 20 24 8 16 4 4 112 15860
3.13 Final Determination of Right of Way 8 8 1400
3.0 90%Constructability Review Meeting 2 4 4 1 2 13 1995
3.D 100%Plans,Specifications,and Estimate 2 8 8 36 4 12 1 4 75 8515
3.E Final Plans,Specifications,and Estimate 21 4 2 12 1 41 1 4 30 3500
Phase 4: Assistance During Bidding&Construction 335 47500 10%
4.A Assistance During Bidding 1 8 8 8 2 8 35 4600
4.6 Construction Support 24 100 40 24 60 8 28 8 8 300 42900
Totals Page 2 Hrs 0 Hrs 1 521 Hrs 1 2301 Hrs 1 314 Hrs 44 Hrs 296 Hrs 23 Hrs 68 Hrs 19 Hrs 1 24 1070 10701 145070 31
Rate 0.0 Rate 250.0 Rate 175.0 Rate 145.0 Rate 125.0 Rate 95.0 Rate 135.0 Rate 95.0 Rate 75.0 Rate 1 70.0
Fee/Classification F�0 13000 40250 45530 5500 28120 3105 6460 1425 1680 145070 hours ok
of Total Hours/Classification 5% 9101 29% 4% 28% 2% 6% 2%1 1 29/6 100% $ok
Totals Pages 1 and 2 Hrs 0 Hrs 241 Hrs 712 Hrs 648 Hrs 64 Hrs 1270 Hrs 99 Hrs 408 Hrs 83 HrsL5460
3603 3603 471270 100%
Rate 0.0 Rate 250.0 Rate 175.0 Rate 145.0 Rate 125.0 Rate 95.0 Rate 135.0 Rate 95.0 Rate 75.0 Rate
Fee/Classification 0 60250 124600 93960 8000 120650 13365 38760 6225 471270 hours ok
of Total Hours/Classification 0% 7% 20% 18% 2% 35% 3% 11% 2% 100% $ok
P2017-18 Arroyo Pasajero Fee EST_Combined_REV052417rev062517rev070517rev081417,Labor2 8/14/2017 27
EXHIBIT E
TRC ENGINEERS
FEE ESTIMATE WORKSHEET
Travel
From Sacramento
To Fresno
#of people 1
#of days 6 #of nights
#of trips 6
Rate # #
Airfare (round trips) x trips x people = $0.00
Mileage (includes field visits) $0.540 x 340 miles x 3 trips = $550.80
Lodging $150.00 x 4 nights x 1 people = $600.00
Per Diem $34.00 x 4 days x 1 people = $136.00
Car rental $60.00 x 3 days x 1 people = $180.00
Miscellaneous x units x junits = $0.00
Total Travel $1,466.80
ODC's
Rate #
Mail $0.49 x 8 pieces = $3.92
Overnight mail $11.50 x 8 pieces = $92.00
Copies $0.08 x 2000 copies = $160.00
Prints (24x36) $2.50 x 432 prints = $1,080.00
Vellums (24x36) $7.50 x prints = $0.00
Mylars (24x36) $15.00 x 0 prints = $0.00
Miscellaneous $100.00 x 3 units = $300.00
Total ODC's $1,635.92
Total Travel and ODC's $3,102.72
P2017-18 Arroyo Pasajero Fee EST_Combined_REV052417rev062517rev070517rev081417,Expense Worksheet 8/14/2017
28
Local Assistance Procedures Manual EXHIBIT F Attachment C
Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
1.Local Agency: County of Fresno 2.Contract DBE Goal: 11%
3.Project Description: Replace the Arroyo Pasaiero Bridge on El Dorado Avenue
4.Project Location: S. El Dorado Avenue, approximately 2.0 miles north of W. Jayne Avenue
5.Consultant's Name: TRC Engineers, Inc. 6.Prime Certified DBE: ❑
7.Description of Work,Service,or Materials 8.DBE o
Supplied Certification 9.DBE Contact Information 10.DBE /o
Number
Inc
Geotechnical 20259 2360 Qume Drive,Suite A 9.6/
San Jose,CA 95131
Avila&Associates Consulting Engineering,Inc.
Hydraulics/Hydrology 032811 712 Bancroft Road,#333 5.6%
Walnut Creek,CA 94598
Local Agency to Complete this Section
17. Local Agency Contract Number:
18. Federal-Aid Project Number: BRLO-5942(271) 11.TOTAL CLAIMED DBE PARTICIPATION 15.2 %
19. Proposed Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit,
this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is
/ � required.
11/16/17
20.Local Agency Rep sent�Signature 21. Date 12.Preparer's Sign�ture 13.Date
Cyan aY-\ 5-fl 06D (152-8 Mark Imbriani 916-366-0632
22.Local Agency Rep entative's Name 23.Phone 14.Preparer's Name 15.Phone
�Se v 4m 5p-C--F A o, Vice President
24. Local Agency Representative's Title 16.Preparer's Title
DISTRIBUTION: Original—Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654-
3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
Page 1 of 2
July 23,2015
29
Local Assistance Procedures Manual EXHIBIT F Attachment C
Exhibit 10-01
Consultant Proposal DBE Commitment
INSTRUCTIONS—CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1.Local Agency- Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal -Enter the contract DBE goal percentage as it appears on the project advertisement.
3.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
4.Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant's Name- Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work,Services,or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own
forces, if the prime is a DBE. If 100%of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8. DBE Certification Number- Enter the DBE's Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9.DBE Contact Information -Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
10.DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % -Enter the total DBE participation claimed. If the total % claimed is
less than item "Contract DBE Goal,"an adequately documented Good Faith Effort(GFE) is required(see Exhibit
15-H DBE Information-Good Faith Efforts of the LAPM).
12.Preparer's Signature- The person completing the DBE commitment form on behalf of the consultant's firm
must sign their name.
13.Date-Enter the date the DBE commitment form is signed by the consultant's preparer.
14.Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment
form.
15.Phone- Enter the area code and phone number of the person signing the consultant's DBE commitment form.
16.Preparer's Title -Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
17.Local Agency Contract Number- Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number- Enter the Federal-Aid Project Number.
19.Proposed Contract Execution Date- Enter the proposed contract execution date.
20.Local Agency Representative's Signature- The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
21.Date- Enter the date the DBE commitment form is signed by the Local Agency Representative.
22. Local Agency Representative's Name-Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
23.Phone- Enter the area code and phone number of the person signing the consultant's DBE commitment form.
24. Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying
the consultant's DBE commitment form.
Page 2 of 2
July 23,2015
30
Local Assistance Procedures Manual EXHIBIT F Attachment D
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1.Local Agency: County of Fresno 2.Contract DBE Goal: 11%
3.Project Description: Replace the Arroyo Pasaiero Bridge on El Dorado Avenue
4.Project Location: S. El Dorado Avenue. approximately 2.0 miles north of W. Jayne Avenue
5.Consultant's Name: TRC Engineers, Inc. 6.Prime Certified DBE: ❑ 7.Total Contract Award Amount: $624,076
8.Total Dollar Amount for ALL Subconsultants: a s4.83s 9.Total Number of ALL Subconsultants: 4
10.Description of Work,Service,or Materials 11. DBE 13. DBE
Supplied Certification 12. DBE Contact Information Dollar
Number Amount
PadkGeotechnical 20259 2360 Quonsultants,lnc
360 me Drive,Suite A $60,023
San Jose,CA 95131
Avila&Associates Consulting Engineering,Inc.
Hydraulics/Hydrology 032811 712 Bancroft Road,#333 $34,816
Walnut Creek,CA 94598
Local Agency to Complete this Section
20. Local Agency Contract $94,839
Number: 14.TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number: BRLO-5942(271)
22.Contract Execution 15.2 0"
natP.-
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit,
this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is
required.
- Lo F)
W,* �i --11-16-17
23.Local Agency Represen he's Signature 24.Date 15.Preparer's Signature 16.Date
E�,\/\ S!�� (00b'L(EZ$ Mark Imbriani 916-366-0632
25.Local Agency Repr entative's Name 26.Phone 17.Preparer's Name 18.Phone
Ay-c;.Ll s�- Vice President
27.Local Agency Representative's Title 19.Preparer's Title
DISTRIBUTION: 1.Original-Local Agency
2.Copy-Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654-
3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
Page 1 of 2
July 23,2015
31
Local Assistance Procedures Manual EXHIBIT F Attachment D
Exhibit 10-02
Consultant Contract DBE Commitment
INSTRUCTIONS—CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency-Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement.
3.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic
Rehab, Overlay, Widening,etc).
4.Project Location-Enter the project location as it appears on the project advertisement.
5. Consultant's Name-Enter the consultant's firm name.
6.Prime Certified DBE-Check box if prime contractor is a certified DBE.
7.Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant.
8.Total Dollar Amount for ALL Subconsultants—Enter the total dollar amount for all subcontracted consultants.
SUM=(DBEs+all Non-DBEs).Do not include the prime consultant information in this count.
9.Total number of AL subconsultants—Enter the total number of all subcontracted consultants. SUM=(DBEs+all
Non-DBEs).Do not include the prime consultant information in this count.
10.Description of Work,Services,or Materials Supplied-Enter description of work,services,or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces,if
the prime is a DBE. If 100%of the item is not to be performed or furnished by the DBE,describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11.DBE Certification Number-Enter the DBE's Certification Identification Number.All DBEs must be certified on
the date bids are opened.
12. DBE Contact Information-Enter the name,address,and phone number of all DBE subcontracted consultants.
Also,enter the prime consultant's name and phone number, if the prime is a DBE.
13.DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14.Total Claimed DBE Participation- $:Enter the total dollar amounts entered in the"DBE Dollar Amount"column.
%: Enter the total DBE participation claimed("Total Participation Dollars Claimed"divided by item"Total Contract
Award Amount"). If the total%claimed is less than item"Contract DBE Goal,"an adequately documented Good Faith
Effort(GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the LAPM).
15.Preparer's Signature-The person completing the DBE commitment form on behalf of the consultant's firm must
sign their name.
16.Date-Enter the date the DBE commitment form is signed by the consultant's preparer.
17.Preparer's Name-Enter the name of the person preparing and signing the consultant's DBE commitment form.
18.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19.Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20.Local Agency Contract Number-Enter the Local Agency contract number or identifier.
21.Federal-Aid Project Number-Enter the Federal-Aid Project Number.
22. Contract Execution Date-Enter the date the contract was executed.
23. Local Agency Representative's Signature-The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24.Date-Enter the date the DBE commitment form is signed by the Local Agency Representative.
25.Local Agency Representative's Name-Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
26. Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27. Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
Page 2 of 2
July 23,2015
32
EXHIBIT G
Local Assistance Procedures Manual Exhibit 10-S
Consultant Performance Evaluation
Exhibit 10-S Consultant Performance Evaluation
1.PROJECT DATA 2.CONSULTANT DATA
1 a. Project(include title,location,and Activity/CIP No.) 2a. Consultant Name and Address
1 b. Brief Description of Project(design,study,etc.) 2b. Consultant's Manager
1 c. Budget Cost for Project: $ 2c. Phone:
3.AGENCY DEPARTMENT/SECTION RESPONSIBLE
3a. Department(include section and division) 3b. Agency Project Manager(name&phone)
4. CONTRACT DATA(Engineering Services)
4a. Contract No.: Termination date: Base Fee: $
Agreement date: Date terminated: Contingency: $
4b. Amendment $ / # $ / #
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency)
4c. Change Order$ / # $ / #
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency)
4d. Total Fee per Agreement(4a.+4b.+4c.) $ Total Fee Paid$
(Do not include Contingency Listed in 4a.)
4e. Type of 4£ Historical Record of Key Submittal Dates(enter date or n/a if not applicable)
Services Preliminary 30% 70% 90% 100% Final
(Design,study, Per Agreement
etc.) Delivery Date
Acce tance Date
4'.Reasons for Change Orders: (Indicate total for each reason)
4g.Notice To Proceed (date) Errors/Omissions$ %of Base Fee 0.00%
Unforeseen Conditions$ %of Base Fee 0.00%
4h.Number of Days (number) Changed Scope$ %of Base Fee 0.00%
Changed Quantities$ %of Base Fee 0.00%
4i.Actual Number of Days (number) Program Task Options$ %of Base Fee 0.00%
5.OVERALL RATING(Complete Section II on reverse,include comments as appro riate.)
Outstanding Above Average Below Poor N/A
Average Average
5a. Plans/Specifications accuracy
5b. Consistency with budget
5c. Responsiveness to Agency Staff
5d. Overall Rating
6.AUTHORIZING SIGNATURES
6a.Agency Design Team Leader Date:
6b.Agency Project Manager Date:
6c.Agency Public Works Manager Date:
6d. Consultant Representative Date:
See Reverse Side
Page 1 of 2
LPP 13-01 May 8,2013 33
Local Assistance Procedures Manual Exhibit 10-S
Consultant Performance Evaluation
PLANS/SPECIFICATIONS Outstanding Above Avg. Below Poor N/A Responsiveness Outstanding Above Avg. Below Poor N/A
ACCURACY Avg. Avg. To Staff Avg. Avg.
Plans Specifications Timely Responses
clear and concise
Plans/Specs Attitude toward Client and
Coordination review bodies
Plans/Specs Follows directions and
properly formatted Chain of responsibility
Code Requirements Work product delivered
covered on time
Adhered to Agency Timeliness in notifying
Standard Drawings/Specs Agency of major problems
Drawings reflect Resolution of field
existing conditions Problems
As-Built Drawings Consistency with
budget
Quality Design Reasonable Agreement
negotiation
Change Orders due to design Adherence to fee schedule
deficiencies are minimized
Adherence to project
Budget
Section III EXPLANATIONS AND SUPPLEMENTAL INFORMATION
(Attach additional documentation as needed)
Item
Item
Item
Item
Item
Item
*Indicates supporting documentation attached.
Page 2 of 2
LPP 13-01 May 8,2013
34
EXHIBIT H
Fiscal Year 2017/2018 California Department of Transportation
Debarment and Suspension Certification
As required by U.S. DOT regulations on governmentwide Debarment and Suspension
(Nonprocurement), 49 CFR 29.100:
1) The Applicant certifies, to the best of its knowledge and belief, that it and its contractors,
subcontractors and subrecipients:
a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b) Have not, within the three (3) year period preceding this certification, been
convicted of or had a civil judgment rendered against them for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, state, or local) transaction or contract under a public
transaction, violation of Federal or state antitrust statutes, or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, state, or local) with commission of any of the
offenses listed in subparagraph(1)(b) of this certification; and
d) Have not, within the three (3) year period preceding this certification, had one or
more public transactions (Federal, state, and local) terminated for cause or default.
2) The Applicant also certifies that, if Applicant later becomes aware of any information
contradicting the statements of paragraph (1) above, it will promptly provide that
information to the State.
3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this
certification, through those means available to Applicant, including the General Services
Administration's Excluded Parties List System (EPLS), Applicant shall indicate so in its
applications, or in the transmittal letter or message accompanying its annual certifications
and assurances, and will provide a written explanation to the State.
February 2017
35
DEPARTMENT OF TRANSPORTATION
DEBARMENT AND SUSPENSION CERTIFICATION
FISCAL YEAR 2017/2018
SIGNATURE PAGE
In signing this document, I declare under penalties of perjury that the foregoing certifications and
assurances, and any other statements made by me on behalf of the Applicant are true and correct.
Signature Date
Printed Name
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that
it has the authority under state and local law to make and comply with the certifications and
assurances as indicated on the foregoing pages. I further affirm that, in my opinion, these
certifications and assurances have been legally made and constitute legal and binding obligations
of the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or
litigation pending or imminent that might adversely affect the validity of these certifications and
assurances or of the performance of the described project.
AFFIRMATION OF APPLICANT'S ATTORNEY
For (Name of Applicant)
Signature Date
Printed Name of Applicant's Attorney
36
EXHIBIT I
File #15123
February 23, 1999
Resolution #99-086
1 BEFORE THE BOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESNO
3 STATE OF CAL(FORNIA
r ;•.
In the matter of }
5 Adoption of Standard Conflict of Interes
t� Resolution #99-086
6 Code for All County Departments.
7
8 Whereas, the Political Reform Act, Government Code section MOO et seq.,
9 requires state and local government agencies to adopt and promulgate conflict of Interest
10 codes; and
1.1 Whereas, the Fair Political Practices Commission has,adopted a regulation, 2
12 California Code of Regulations section 18730, which contains the terms of a standard
13 conflict of interest code, and which may be amended by the Fair Political Practices
14 Commission after public notices and hearings to conform to amendments to the Political
15 Reform Act; and
16 Whereas,any local agency may incorporate this standard conflict of interest code,
17 and thereafter need not amend the text of its code to conform to future amendments to the
Political Reform Act or its regulations; and
18
19 Whereas, the Board of Supervisors is the code reviewing body for all County
departments except courts; and
20
Whereas, the Board of Supervisors may adopt the standard conflict of interest
21 code on behalf of all County departments.
22 Now therefore be it resolved,that the terms of 2 California Code of Regulations
23 section 18730, and any amendments to it duly adopted by the Fair Political Practices
24 Commission, are hereby incorporated by reference and, along with the Exhibits A and B
25 approved previously,today, or in the future, by this Board for each County department, in
28 which officers and employees are designated and disclosure categories are set forth,
27
28
1
37
EXHIBIT I
0
constitute the conflict of interest codes of each County department except courts.
2 Conflict of Interest forms shall be filed as follows:
3 1. As required by Government Code Section 87500, subdivision (e), the
4 County Administrative Officer, District Attorney, County Counsel, and Auditor-
5 Controllerlfreasurer-Tax Collector shall file one original of their statements with the County
6 Clerk, who shall make and retain copies and forward the originals to the Fair Political
7 Practices Commission,which shall be the ding officer. The County Administrative Officer,
8 District Attorney, County Counsel, and Auditor-Controller/Treasurer-Tax Collector shall also
9 file one copy of their statements with the Clerk to the Board of Supervisors.
10 2. As required by Government Code section 87500, subdivision 0), all other
11 department heads shall file one original of their statements with their departments. The filing
12 officer of each department shall make and retain a copy of the department head's statement
13 and shall forward the original to the Clerk to the Board of Supervisors.
14 3. All other designated employees shall file one original of their statements with
15 their departments.
All statements shall be public records and shall be made available for public
16
inspection and reproduction. (Gov. Code, § 81008.)
17
Adopted at a regular meeting of the Board of Supervisors, held on the 23rd day
18
of Yebruary , 19 99 , by the following vote,to wit:
19
20 Ayes: Supervisflxs Kol.igian, Case, Axambul.a, 01ren, Levy
21 Noes: None
22 Absent: None
23
C N, BDARD WF P
ER RS
24 ATTEST:
Z-4
SHARI GR1;Ri3100D, CLERIC
25 BaARD OF supmv`Lsops
26 -,
7 B
2 Y
epu y
28 rile #15123 Agenda #28 R�alution #99-086
2
38
EXHIBIT I
EXHIBIT"A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I / II/Senior/ Supervising 2, 3
Architect 1
Building Inspector I / II 1
Building Plans Engineer 1
Capital Projects Division Manager 1
Chief Accountant 1
Chief Building Inspector 1
Chief of Field Surveys 1
Community Development Manager 1
Consultant i
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, 3
Engineer I / 11 / 111 1
Field Surrey Supervisor 1
Geologist I /11 / III 1
Housing Rehabilitation Specialist I / 11 / III 1
Parks and Grounds Superintendent 2, 3
Planner I / 11 / III/Senior/ Principal' 1
Principal Accountant 1
Principal Engineer 1
Principal Housing Rehabilitation Specialist 1
39
EXHIBIT I
Classification Category
Public Works Division Engineer 1
Real Property Agent--Assistant/Associate/ Senior 1
Real Property Manager 1
Resources Manager I
Road Maintenance Supervisor 2, 3
Road Superintendent 2, 3
Senior Architect 1
Senior Economic Development Analyst 1
Senior Engineer I
Senior Engineering Technician 1
Senior Geologist 1
Senior Information Technology Analyst I
Staff Analyst I / 11 / II1 /Senior/ Principal 1
Staff Analyst I-A/ Il-A/ 111-A 1
Supervising Building Inspector 1
Supervising Engineer I
Supervising Land Surveyor 1
Supervising Water/Sewer Specialist 2, 3
Systems and Procedures Analyst I / 11 ! Ill /Senior 1
Systems and Procedures Manager I
Traffic Maintenance Supervisor 2, 3
Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation: The Director of Public Works and Planning may determine in writing that a
particular consultant, although a "designated position," Is hired to perform a range of
duties that is limited in scope and thus is not required to fully comply with the disclosure
requirements in this section. Such written determination shall include a description of
the consultant's duties and, based upon that description, a statement of the extent of
disclosure requirements. The Directorof Public Works and Planning's determination is
a public record and shall be retained for public inspection In the same manner and
location as this conflict of interest code.
40
EXHIBIT
EXHIBIT usrr
PUBLIC WORKS AND PLANNING
1. Persons in this category must disclose all investments, interests in real property and
income, and business positions. Financial interests are reportable only If located within
or subject to the jurisdiction of Fresno County, or if the business entity, is-doing
business or planning to do business in the jurisdiction, or has done business within the
jUftsdictidn at any-tiine during the two ydars pd rto-'the filing of the statement. Real
property shall be deemed to be within the °jurisdiction° of the County if it is located
within or not more than two miles outside the boundaries of the County (including its
incorporated cities), or within two miles of any land owned or used by the County.
2. Persons in this category shall disclose all investments in, income from, and business
positions with any business entity which,within the last two years, has contracted or in
the future may forseeably contract with Fresno County through its Public Works and
Planning Department,.Solid Waste Commissions within the jurisdiction, or to any other
joint powers agency which Fresno County Is a member to provide services, supplies,
materials, machinery, or equipment to the County.
3. Persons in the category shali disclose all interests in real property within the
jurisdiction. Real Property shall be deemed to be within the jurisdiction if the property
or any part of it Is located within or not more than two miles outside the boundaries of
Fresno County (including its incorporated cities) or within two mile of any land owned
or operated by the County.
41
EXHIBIT J
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract ❑ a. bid/offer/application ❑ a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
❑ Prime ❑ Subawardee
Tier if known
Congressional District,if known Congressional District,if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable
8. Federal Action Number,if known: 9. Award Amount,if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (including
(If individual,last name,first name,MI) address if different from No. I Oa)
(last name,first name,MI)
(attach Continuation Sheet(s)if necessary)
12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
$ ❑ actual ❑ planned a. retainer
b. one-time fee
13. Form of Payment(check all that apply): c. commission
❑ a. cash d. contingent fee
b. in-kind;specify:nature e deferred
Value f other,specify
15. Brief Description of Services Performed or to be performed and Date(s)of Service,including
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11:
(attach Continuation Sheet(s)if necessary)
16. Continuation Sheet(s)attached: Yes ❑ No ❑
17.Information requested through this form is authorized by Title
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name:
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form-LLL
Standard Form LLL Rev.04-28-06
Distribution: Orig-Local Agency Project Files
Page 1
LPP 13-01 May 8,2013 42
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts,subgrants,and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of
the prime federal recipient. Include Congressional District,if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
It. Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,
First Name and Middle Initial(MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity
(Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is
a material change report,enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind
payment.
14. Check all boxes that apply. If other,specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that
were contacted.
16. Check whether or not a continuation sheet(s)is attached.
17. The certifying official shall sign and date the form,and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503.SF-
LLL-Instructions Rev.06-04
Page 2
LPP 13-01 May 8,2013
43
EXHIBIT K
SELF-DEALING TRANSACTION DISCLOSURE FORM
(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:
44
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as
"County"), members of a contractor's board of directors (hereinafter referred to as "County
Contractor"), must disclose any self-dealing transactions that they are a party to while
providing goods, performing services, or both for the County. A self-dealing transaction is
defined below:
'A self-dealing transaction means a transaction to which the corporation is a party and
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing the disclosure form.
(1) Enter board member's name, job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed
to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Codes.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
45