HomeMy WebLinkAboutAgreement A-16-445 with Geo-Logic Associates.pdf
COUNTY OF FRESNO
Fresno, California
06/06/16
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CONSULTANT AGREEMENT
THIS AGREEMENT for Engineering Consultant Services, hereinafter referred to as
“the AGREEMENT,” is made and entered into this _____ day of ____________, 2016 by
and between the COUNTY OF FRESNO, a political subdivision of the State of California,
hereinafter referred to as “the COUNTY”; and Geo-Logic Associates, a California
Corporation, whose address is 2777 East Guasti Road, Ontario, CA 91761, hereinafter
referred to as “the CONSULTANT”.
WITNESSETH
WHEREAS, the CONSULTANT has been selected to provide engineering services
required for the design of the American Avenue Disposal Site Phase I Clean Closure,
hereinafter referred to as “the PROJECT”; and
WHEREAS, said CONSULTANT has been selected in accordance with the
COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, and
other professionals to provide the engineering services necessary for the PROJECT.
NOW, THEREFORE, in consideration of the promises and covenants set forth
herein, the above named parties agree as follows:
I. GENERAL PROVISIONS
A. The COUNTY hereby contracts with the CONSULTANT as an independent
contractor to provide the consultant engineering services required for the PROJECT.
B. The work to be performed under the AGREEMENT is detailed in Exhibit A,
attached hereto and incorporated by this reference as though fully set forth herein, as
reiterated in Article II (“Consultant’s Obligations”).
C. The CONTRACT ADMINISTRATOR on behalf of the COUNTY will be:
Erin Haagenson, Senior Staff Analyst
2220 Tulare Street, Suite 600
Fresno, CA 93721
559-600-4528
ehaagenson@co.fresno.ca.us
COUNTY OF FRESNO
Fresno, California
06/06/16
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and shall remain so unless the CONSULTANT is otherwise notified in writing by the
COUNTY’s Director of Public Works and Planning or his/her designee ( “the DIRECTOR”).
The PROJECT MANAGER for the CONSULTANT will be:
Michael Yacyshyn
143E Spring Hill Drive
Grass Valley, CA 95945
530-272-2448 or 916-899-9052
myacyshyn@geo-logic.com
and shall remain so unless the CONSULTANT requests and DIRECTOR approves, in
writing, a change of the PROJECT MANAGER, which approval will not be unreasonably
withheld.
D. The CONSULTANT’s PROJECT team listed in Exhibit B, attached hereto and
incorporated herein, is hereby approved. The CONSULTANT shall not substitute any of
the employees or subconsultant firms listed in Exhibit B without prior written authorization
from the CONTRACT ADMINISTRATOR, which approval shall not be unreasonably
withheld.
E. The CONSULTANT’s services shall be performed as expeditiously as is
consistent with professional skill and the orderly progress of the work, based on the
PROJECT schedule established in Exhibit C, attached hereto and incorporated herein by
this reference.
F. As more thoroughly set forth in Article XXIV, the CONSULTANT and the agents
and employees of the CONSULTANT, in the performance of the AGREEMENT, shall act in
an independent capacity and not as officers or employees of the COUNTY.
G. The COUNTY may terminate the AGREEMENT with the CONSULTANT should
the CONSULTANT fail to perform the covenants herein contained at the time and in the
manner herein provided. In the event of such termination, the COUNTY may proceed with
the work in any manner deemed proper by the COUNTY. If the COUNTY terminates the
AGREEMENT with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum
COUNTY OF FRESNO
Fresno, California
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due the CONSULTANT under the AGREEMENT prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract, in such case the
overage shall be deducted from any sum due the CONSULTANT under this AGREEMENT
and the balance, if any, shall be paid by the CONSULTANT upon demand. The COUNTY’s
CONTRACT ADMINISTRATOR will determine the sum due to the CONSULTANT based
on the percentage of work complete for any incomplete task at the time of termination.
H. The AGREEMENT is not assignable by the CONSULTANT, either in whole or in
part, without the prior written consent of the COUNTY, upon approval by its Board of
Supervisors (BOARD).
I. No alteration or variation of the terms of the AGREEMENT shall be valid, unless
made in writing and signed by the parties hereto; and no oral understanding or agreement
not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid the CONSULTANT as provided herein, shall be in
compensation for all of the CONSULTANT’s expenses incurred in the performance hereof,
including travel and per diem, unless otherwise expressly so provided.
II. CONSULTANT’S OBLIGATIONS
The CONSULTANT’s Scope of Work is fully set forth and detailed in Exhibit A,
attached hereto and incorporated herein, as referenced in Article I, Section B.
III. OBLIGATIONS OF COUNTY
A list of the COUNTY’s obligations is attached hereto as Exhibit D and incorporated
by this reference as though fully set forth herein.
IV. PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect upon execution by the COUNTY, and the
CONSULTANT shall commence work promptly after receipt of notification to proceed as
issued by the CONTRACT ADMINISTRATOR. The AGREEMENT shall end on the third
anniversary of the execution date, unless prior to its expiration its term is extended in
writing, for no more than two additional one-year terms, by mutual consent of the
DIRECTOR and the CONSULTANT.
COUNTY OF FRESNO
Fresno, California
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B. The CONSULTANT is advised and hereby acknowledges its understanding that
any recommendation for award is not binding on the COUNTY until the AGREEMENT is
fully executed following its approval by the COUNTY’s BOARD.
V. ALLOWABLE COSTS AND PAYMENTS
A. The CONSULTANT shall not commence the performance of work or services
hereunder until the AGREEMENT has been approved by the COUNTY and a written
notification to proceed has been issued by the CONTRACT ADMINISTRATOR. No
payment will be made for any work performed prior to approval of the AGREEMENT or for
any work performed prior to written authorization for commencement of work hereunder,
issued by the CONTRACT ADMINISTRATOR.
B. The CONSULTANT will be compensated for performance of its obligations under
the AGREEMENT on a time and materials basis, and it is expressly acknowledged and
agreed that the total amount paid to the CONSULTANT, for each completed Task as
described in Exhibit A, shall not exceed the maximum not-to-exceed limit allocated to each
Task as specified in Exhibit E. The total amount paid to the CONSULTANT for each
completed Task, which shall not exceed the maximum allocation therefor, shall be
considered to include all compensation payable to the CONSULTANT, including all salary
and fringe benefits, all overhead and profit, and all other expenses incurred in performing
the scope of work for each Task as described in Exhibit A.
C. The not-to-exceed allocations, for each individually specified Task and for the not-
to-exceed cumulative total (which includes a maximum allocation for “Extra Services
Contingency”) under the AGREEMENT, are set forth in Exhibit E, together with the hourly
and cost rates for time and materials, which rates shall serve as the basis for payment of all
earned compensation hereunder.
D. This AGREEMENT includes the CONSULTANT’s proposed scope of work for the
design of the PROJECT, as more thoroughly delineated in Exhibit A. The CONSULTANT
may be requested to provide as Extra Services work that is beyond the defined scope, or to
retain specialty consultants as CONTRACT ADMINISTRATOR may determine to be
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Fresno, California
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necessary or appropriate for completion of PROJECT requirements. CONSULTANT may
initiate an Extra Services proposal or CONTRACT ADMINISTRATOR may request that
CONSULTANT provide a detailed proposal and cost breakdown. CONTRACT
ADMINISTRATOR will consider the proposal and cost breakdown and if accepted, provide
CONSULTANT with written authorization to proceed and a not-to-exceed amount. All Extra
Services must be pre-approved and authorized in writing by CONTRACT
ADMINISTRATOR before any such work can be commenced.
E. The maximum not-to-exceed amount for the AGREEMENT is Two Million Dollars
($2,000,000.00), including fees for services covered by Exhibit A amounting to One Million
Seven Hundred Twenty Three Thousand Six Hundred Sixty Nine Dollars ($1,723,669.00),
and a Two Hundred Seventy Six Thousand Three Hundred Thirty One Dollars
($276,331.00) not-to-exceed contingency for Extra Services caused by unforeseen
changes to the scope of work, as authorized by the CONTRACT ADMINISTRATOR and to
be billed on a time and material basis.
F. The not-to-exceed Task allocation amounts listed in Exhibit E may be modified
within the limits of the total compensation amount upon mutual agreement, confirmed in
writing, between the CONTRACT ADMINISTRATOR and the PROJECT MANAGER. No
additional compensation, in excess of the maximum cumulative total contract amount of
$2,000,000 specified in Exhibit E, will be paid to the CONSULTANT, unless a formal written
amendment to this AGREEMENT, specifically providing for such an increase, is approved
by the BOARD.
G. The CONSULTANT shall not commence with any PROJECT Task, or with any
Extra Services, without prior express written authorization from the CONTRACT
ADMINISTRATOR.
H. The CONSULTANT may request monthly progress payments based upon the
work completed. The CONTRACT ADMINISTRATOR may withhold a five percent (5%)
retention from the earned compensation of the CONSULTANT. The CONSULTANT may
submit an invoice for payment of the retention for each Task upon receiving the
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CONTRACT ADMINISTRATOR’s written approval of all final deliverable(s) for that Task.
I. The CONSULTANT will be compensated for performance of its obligations
hereunder, as promptly as fiscal procedures will permit following receipt by the CONTRACT
ADMINISTRATOR of itemized invoices. Invoices shall detail the work performed on each
Task and shall indicate the percentage of work completed and the amount invoiced for
each Task. Invoices shall reference both the AGREEMENT number and the PROJECT,
and shall identify the corresponding Task(s) on which the work described in the itemized
invoice was performed. Invoices shall be emailed to the CONTRACT ADMINISTRATOR at
PWPBusinessOffice@co.fresno.ca.us. The final invoice must contain the final cost and all
credits due to the COUNTY under the provisions of this AGREEMENT.
J. Upon receipt of a proper invoice, it will take approximately ten (10) working
days for the COUNTY Department of Public Works & Planning to review, approve, and
submit it to the COUNTY Auditor-Controller / Treasurer-Tax Collector. Unsatisfactory or
inaccurate invoices will be returned to the CONSULTANT for correction and resubmittal.
Payment, less retention, will be issued to CONSULTANT within approximately forty-five
(45) calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives the
approved invoice.
VI. TERMINATION
A. The AGREEMENT may be terminated without cause at any time by the COUNTY
upon thirty (30) calendar days written notice. If the COUNTY terminates the AGREEMENT,
the CONSULTANT shall be compensated for services satisfactorily completed to the date
of termination based upon the fees and subject to the maximum amounts payable as
specified in Article V.
B. If the CONSULTANT terminates the AGREEMENT for reasons other than
material breach by the COUNTY, the CONSULTANT shall reimburse the COUNTY, up to a
maximum of $10,000, for the actual expense of issuing a new Request For Proposal,
engaging a new consultant(s) and the new consultant’s cost in becoming familiar with the
previous CONSULTANT'S work.
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C. The COUNTY may immediately suspend or terminate the AGREEMENT in whole
or in part, where in the determination of the COUNTY there is:
1. An illegal or improper use of funds;
2. A failure to comply with any term of the AGREEMENT
3. A substantially incorrect or incomplete report submitted to the
COUNTY;
4. Improperly performed service.
D. In no event shall any payment by the COUNTY constitute a waiver by the
COUNTY of any breach of the AGREEMENT or any default which may then exist on the
part of the CONSULTANT, nor shall such payment impair or in any way prejudice any legal
or equitable remedy available to the COUNTY with respect to the breach or default. The
COUNTY shall have the right to demand of the CONSULTANT the repayment to the
COUNTY of any funds disbursed to the CONSULTANT under the AGREEMENT, which, in
the judgment of the COUNTY were not expended in accordance with the terms of the
AGREEMENT. The CONSULTANT shall promptly refund any such funds upon demand.
E. The terms of the AGREEMENT, and the services to be provided thereunder, are
contingent on the approval of funds by the appropriating government agency. Should
sufficient funds not be allocated, the services provided may be modified, or the
AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days advance
written notice. In the event of termination on the basis of this Paragraph, the
CONSULTANT’S entitlement to payment, in accordance with the payment provisions set
forth hereinabove, shall apply only to work performed by the CONSULTANT prior to receipt
of written notification of such non-allocation of sufficient funding.
VII. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have
been written before ascertaining the availability of funds or appropriation of funds, for the
mutual benefit of both parties, in order to avoid program and fiscal delays that would occur
if the AGREEMENT were executed after that determination was made.
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B. This AGREEMENT is subject to any additional restrictions, limitations, conditions,
or any legislation enacted by the Congress, State Legislature or COUNTY’s BOARD that
may affect the provisions, terms, or funding of the AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this
AGREEMENT may be amended to reflect any reduction in funds.
D. The COUNTY has the option to void the AGREEMENT under the 30-day
cancellation clause, or to amend the AGREEMENT by mutually acceptable modification of
its provisions to reflect any reduction of funds.
VIII. CHANGE IN TERMS
A. The AGREEMENT may be amended or modified only by mutual written
agreement of both parties. Any such written amendment to this AGREEMENT may be
approved on the COUNTY’s behalf only by its BOARD.
B. The CONSULTANT shall only commence work covered by an amendment after
the amendment has been fully executed and written notification to proceed has been
issued by the CONTRACT ADMINISTRATOR.
C. There will be no change in the CONSULTANT’s PROJECT MANAGER or
members of the CONSULTANT’s Project team as identified in Exhibit B without prior written
approval by the CONTRACT ADMINISTRATOR.
IX. COVENANT AGAINST CONTINGENT FEES
A. The CONSULTANT warrants, by execution of this AGREEMENT, that the
CONSULTANT has not employed or retained any company or person, other than a bona
fide employee working for the CONSULTANT; to solicit or secure this AGREEMENT; and
that CONSULTANT has not paid or agreed to pay any company or person other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or formation of the
AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right to
annul the AGREEMENT without liability, and to pay only for the value of the work actually
performed by the CONSULTANT, or alternatively in the COUNY’s discretion, to deduct
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from the contract price or consideration, or otherwise recover the full amount of such any
such commission, percentage, brokerage fee, gift, contingent fee or similar form of
consideration previously paid by the CONSULTANT.
X. RETENTION OF RECORDS/AUDIT
A. For the purpose of determining the sufficiency of the CONTRACTOR’s
performance of the contract (and compliance with Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when
applicable), the CONSULTANT, subcontractors, and the COUNTY, and each of them, shall
maintain all books, documents, papers, accounting records, and other evidence pertaining
to the performance of this AGREEMENT, including but not limited to, the costs of
administering this AGREEMENT.
B. All parties shall make such materials available at their respective offices at all
reasonable times throughout the entirety of the contract term and for three years from the
date of final payment under the contract, pursuant to Government Code 8546.7. The state,
the State Auditor, the COUNTY, shall have access to any books, records, and documents
of the CONSULTANT that are pertinent to the contract for audit, examinations, excerpts,
and transactions, and copies thereof shall be furnished if requested. It shall be the
responsibility of the CONSULTANT to ensure that all subcontracts in excess of $25,000
shall contain this provision.
XI. DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under the
AGREEMENT that is not disposed of by agreement between the parties shall be decided
by a committee consisting of the CONTRACT ADMINISTRATOR and the DIRECTOR, who
may consider written or verbal information submitted by the CONSULTANT.
B. Not later than 30 days after completion of all deliverables necessary to complete
the plans, specifications and estimate, the CONSULTANT may request review by the
COUNTY’s BOARD of unresolved claims or disputes, other than audit. The request for
review will be submitted in writing.
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C. Neither the pendency of a dispute, nor its consideration by the committee will
excuse the CONSULTANT from full and timely performance in accordance with the terms
of the AGREEMENT.
XII. SUBCONTRACTING
A. The CONSULTANT shall perform the work contemplated with resources available
within its own organization; and no portion of the work pertinent to the AGREEMENT shall
be subcontracted without written authorization by the CONTRACT ADMINISTRATOR,
excepting only those portions of the work and the responsible subconsultants that are
expressly identified in Exhibit B hereto.
B. Any subcontract in excess of $25,000 entered into as a result of the
AGREEMENT, shall contain all the provisions stipulated in this AGREEMENT to be
applicable to subconsultants.
C. Any substitution or addition of subconsultants must be approved in writing, in
advance, by the CONTRACT ADMINISTRATOR. CONSULTANT must provide
CONTRACT ADMINISTRATOR with a fee schedule for any approved substitute or
additional subconsultants, which shall be included with Exhibit E.
XIII. INSPECTION OF WORK
The CONSULTANT and any subcontractor shall permit the COUNTY and the state,
to review and inspect the project activities and files at all reasonable times during the
performance period of the AGREEMENT including review and inspection on a daily basis.
XIV. INSURANCE
A. Without limiting the COUNTY’S right to obtain indemnification from the
CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain
in full force and effect, the following insurance policies throughout the term of the
AGREEMENT.
1. Commercial General Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per occurrence and an aggregate of Two Million Dollars
($2,000,000.00). This policy shall be issued on a per occurrence basis.
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2. Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred
Thousand Dollars ($500,000.00) per accident and for property damage of not less than
Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five
Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-
owned vehicles used in connection with the AGREEMENT.
3. Worker's Compensation insurance policy as required by the
California Labor Code.
4. Professional Liability Insurance:
a. If the CONSULTANT employs licensed professional staff in
providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurance, Three Million Dollars ($3,000,000.00) aggregate.
The policy for Professional Liability shall remain in full force and effect for period of three
years from the completion date of the AGREEMENT.
B. The CONSULTANT shall obtain endorsements to the Commercial General
Liability insurance naming the COUNTY, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the operations under the
AGREEMENT are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the COUNTY, its
officers, agents and employees shall be excess only and not contributing with insurance
provided under the CONSULTANT'S policies herein. The COUNTY shall be given at least
thirty (30) days advance written notice of any cancellation, expiration, reduction or other
material change in coverage with respect to any of the aforesaid policies.
C. Prior to commencing any such work under the AGREEMENT, the CONSULTANT
shall provide to the COUNTY certificates of insurance and endorsements for all of the
required policies as specified above, stating that all such insurance coverage has been
obtained and is in full force; that the COUNTY, its officers, agents and employees will not
be responsible for any premiums on the policies; that such Commercial General Liability
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insurance names the COUNTY, its officers, agents and employees, individually and
collectively, as additional insured, but only insofar as the operations under the
AGREEMENT are concerned; that such coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, maintained by the COUNTY,
its officers, agents and employees, shall be excess only and not contributing with insurance
provided under the CONSULTANT'S policies herein; and that this insurance shall not be
cancelled or changed without a minimum of thirty (30) days advance, written notice given to
the COUNTY. The certificates shall be sent to the CONTRACT ADMINISTRATOR at
Department of Public Works and Planning, Design Division, 2220 Tulare Street, Sixth Floor,
Fresno, CA 93721.
D. In the event CONSULTANT fails to keep in effect at all times insurance coverage
as herein provided, the COUNTY may, in addition to other remedies it may have, terminate
the AGREEMENT upon the occurrence of such event.
E. All policies shall be with admitted insurers licensed to do business in the State of
California. Insurance purchased shall be purchased from companies possessing a current
A.M. Best, Inc. rating of A FSC VIII or better.
XV. HOLD HARMLESS:
A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers,
agents, and employees, against the payment of any and all costs and expenses (including
reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for
bodily and personal injury to or death of any person or for loss of any property resulting
from or arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT,
its officers, agents, and employees, in performing or failing to perform any work, services,
or functions under this Agreement.
B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate in
the defense of any claim, suit, or other action alleging liability, arising from the performance
or failure to perform of any COUNTY construction contractor or subcontractor in connection
with any project for which CONSULTANT has been retained under Article III above. Such
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cooperation may include an agreement to prepare and present a cooperative defense after
consultation with CONSULTANT's professional liability insurance carrier.
XVI. OWNERSHIP OF DATA
A. All documents, including preliminary documents, calculations, and survey data,
required in performing services under the AGREEMENT shall be submitted to, and shall
remain at all times the property of the COUNTY regardless of whether they are in the
possession of the CONSULTANT or any other person, firm, corporation or agency.
B. The CONSULTANT understands and agrees the COUNTY shall retain full
ownership rights of the drawings and work product of the CONSULTANT for the PROJECT,
to the fullest extent permitted by law. In this regard, the CONSULTANT acknowledges and
agrees CONSULTANT’s services are on behalf of the COUNTY and are “works made for
hire,” as that term is defined in copyright law, by the COUNTY; that the drawings and work
product to be prepared by the CONSULTANT are for the sole and exclusive use of the
COUNTY, and that the COUNTY shall be the sole owner of all patents, copyrights,
trademarks, trade secrets and other rights and contractual interests in connection therewith
which are developed and compensated solely under the AGREEMENT; that all the rights,
title and interest in and to the drawings and work product will be transferred to the
COUNTY by the CONSULTANT to the extent the CONSULTANT has an interest in and
authority to convey such rights; and the CONSULTANT will assist the COUNTY to obtain
and enforce patents, copyrights, trademarks, trade secrets, and other rights and contractual
interests relating to said drawings and work product, free and clear of any claim by the
CONSULTANT or anyone claiming any right through the CONSULTANT. The
CONSULTANT further acknowledges and agrees the COUNTY’s ownership rights in such
drawings or work product, shall apply regardless of whether such drawings or work product,
or any copies thereof, are in possession of the CONSULTANT, or any other person, firm,
corporation, or entity. For purposes of this AGREEMENT the terms “drawings and work
product” shall mean all reports and study findings commissioned to develop the project
design, drawings and schematic or preliminary design documents, certified reproducibles of
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the original final construction contract drawings, specifications, the approved estimate,
record drawings, as-built plans, and discoveries, developments, designs, improvement,
inventions, formulas, processes, techniques, or specific know-how and data generated or
conceived or reduced to practice or learning by the CONSULTANT, either alone or jointly
with others, that result from the tasks assigned to the CONSULTANT by the COUNTY
under the AGREEMENT.
C. If the AGREEMENT is terminated during or at the completion of any Task or
Service included in Exhibit A, a reproducible copy of report(s) or preliminary documents
shall be submitted by the CONSULTANT to the COUNTY, which may use them to
complete the PROJECT at a future time.
D. If the PROJECT is terminated at the completion of a construction document
phase of the PROJECT, certified reproducibles on .003” mylars of the original final
construction contract drawings, specifications, and approved engineer’s estimate shall be
submitted by the CONSULTANT to the COUNTY.
E. The COUNTY requires that certain machine-readable information and data
(“Autodesk Civil 3D 2014” or “CAD data”) be provided by the CONSULTANT under the
AGREEMENT, as more specifically identified in Exhibit A, Section D, relating to Task 3.
The electronic files provided by the CONSULTANT to the COUNTY are submitted
for an acceptance period lasting until the expiration of the AGREEMENT (i.e., throughout
the duration of the contract term, including any extensions). Any defects the COUNTY
discovers during such acceptance period will be reported to the CONSULTANT and will be
corrected as part of the CONSULTANT’s “Basic Scope of Work.”
F. The CONSULTANT shall not be liable for claims, liabilities or losses arising out of,
or connected with (1) the modification or misuse by the COUNTY or anyone authorized by
the COUNTY, of such CAD data, or (2) decline of accuracy or readability of CAD data due
to inappropriate storage conditions or duration; or (3) any use by the COUNTY, or anyone
authorized by the COUNTY, of such CAD data or other project documentation for additions
to the PROJECT for the completion of the PROJECT by others, or for other projects;
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except to the extent that said use may may be expressly authorized, in writing, by the
CONSULTANT.
G. The CONSULTANT hereby expressly agrees that the COUNTY, in the discretion
of its BOARD, may permit the copyrighting of reports or other products of the
AGREEMENT..
XVII. CLAIMS FILED BY COUNTY’S CONSTRUCTION CONTRACTOR
A. If claims are filed by the COUNTY’s construction contractor relating to work
performed by the CONSULTANT’s personnel, and additional information or assistance from
the CONSULTANT’s personnel is required in order to evaluate or defend against such
claims, then the CONSULTANT hereby agrees in such event to make its personnel
available for consultation with the COUNTY’s construction contract administration and legal
staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. The CONSULTANT’s personnel that the COUNTY considers essential to assist in
defending against construction contractor claims will be made available on reasonable
notice from the COUNTY. Services of the CONSULTANT’s personnel in connection with
consultation or testimony for this purpose will be provided pursuant to a written contract
amendment, if determined by the parties to be necessary or appropriate.
XVIII. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative
to the COUNTY’S operations, which are designated confidential by the COUNTY and made
available to the CONSULTANT in order to carry out the AGREEMENT, shall be protected
by the CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the
COUNTY relating to the contract, shall not authorize the CONSULTANT to further disclose
such information, or disseminate the same on any other occasion.
C. The CONSULTANT shall not comment publicly to the press or any other media
regarding the AGREEMENT or the COUNTY’s actions on the same, except to the
COUNTY’s staff, the CONSULTANT’s own personnel involved in the performance of the
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AGREEMENT, at public hearings or in response to questions from a Legislative committee.
D. The CONSULTANT shall not issue any news release or public relations item of
any nature, whatsoever, regarding work performed or to be performed under the
AGREEMENT without prior review of the contents thereof by the COUNTY, and receipt of
the COUNTY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be
disclosed by the CONSULTANT to any entity other than the COUNTY.
XIX. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, the CONSULTANT hereby
states under penalty of perjury that no more than one final unappealable finding of
contempt of court by a federal court has been issued against the CONSULTANT within the
immediately preceding two-year period, because of the CONSULTANT’s failure to comply
with an order of a federal court that orders the CONSULTANT to comply with an order of
the National Labor Relations Board.
XIX. EVALUATION OF CONSULTANT
The CONSULTANT’s performance will be evaluated by the COUNTY using the form
attached as Exhibit F. A copy of the evaluation will be sent to the CONSULTANT for
comments. The evaluation together with the comments shall be retained as part of the
contract record.
XX. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION
A. The CONSULTANT’s signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California that the
CONSULTANT has, unless exempt, complied with the nondiscrimination program
requirements of California Government Code Section 12990 and Title 2, California
Administrative Code, Section 8103.
B. During the performance of the AGREEMENT, the CONSULTANT and its
subconsultants shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious
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creed, national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, and denial of family care
leave. The CONSULTANT and subconsultants shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment. The CONSULTANT and subconsultants shall comply with
the provisions of the Fair Employment and Housing Act (Government Code §12900 et
seq.), including but not limited to the provisions of Government Code Section 12990,
subdivisions (a) through (f), and the applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section
12990 (a) - (f), which are set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations, are hereby incorporated into this AGREEMENT by reference and made a
part hereof as if set forth in full. The CONSULTANT and subconsultants shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
C. The CONSULTANT and subconsultants shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts to perform work under the
AGREEMENT.
XXI. STATE PREVAILING WAGE RATES
A. CONSULTANT shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and all
Federal, State, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract if for more than $25,000
for public works construction or more than $15,000 for the alteration, demolition, repair, or
maintenance of public works, shall contain all of the provisions of this Article.
XXII. CONFLICT OF INTEREST
A. The CONSULTANT shall comply with the provisions of the Fresno County
Department of Public Works and Planning Conflict of Interest Code, attached hereto as
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Exhibit G and incorporated herein. Such compliance shall include the filing of an annual
“statement of economic interest” (Form 700) pursuant to the regulations of the State Fair
Political Practices Commission.
B. The CONSULTANT shall disclose any financial, business, or other relationship
with the COUNTY that may have an impact upon the outcome of this contract, or any
ensuing COUNTY construction project. The CONSULTANT shall also list current clients
who may have a financial interest in the outcome of this contract, or any ensuing COUNTY
construction project, which will follow.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire
any financial or business interest that would conflict with the performance of services under
this AGREEMENT.
D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any firm
affiliated with the CONSULTANT will bid on any construction contract, or on any contract to
provide construction inspection for any construction project resulting from this
AGREEMENT; provided, however, that this shall not be construed as disallowing
CONSULTANT or affiliated firm from performing, pursuant to this AGREEMENT or other
agreement with the COUNTY, construction inspection services on behalf of COUNTY for
PROJECT. An affiliated firm is one, which is subject to the control of the same persons
through joint ownership, or otherwise.
E. Except for subcontractors whose services are limited to providing surveying or
materials testing information, no subcontractor who has provided design services in
connection with this contract shall be eligible to bid on any construction contract, or on any
contract to provide construction inspection for any construction project resulting from this
contract; provided, however, that this shall not be construed as disallowing subcontractors
who have provided design services for PROJECT from performing, pursuant to this
AGREEMENT or other agreement with COUNTY, construction inspection services on
behalf of COUNTY for PROJECT.
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XXIII. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration, either promised or paid to any
COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the
right, in its discretion, to do any of the following: terminate the AGREEMENT without
liability; or to pay only for the value of the work actually performed; or to deduct from the
AGREEMENT price, or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
XXIV. INDEPENDENT CONTRACTOR
A. In performance of the work, duties and obligations assumed by CONTRACTOR
under this Agreement, it is mutually understood and agreed that CONTRACTOR, including
any and all of the CONTRACTOR'S officers, agents, and employees will at all times be acting
and performing as an independent contractor, and shall act in an independent capacity and
not as an officer, agent, servant, employee, joint venturer, partner, or associate of the
COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the
manner or method by which CONTRACTOR shall perform its work and function. However,
COUNTY shall retain the right to administer this Agreement so as to verify that
CONTRACTOR is performing its obligations in accordance with the terms and conditions
thereof.
B. CONTRACTOR and COUNTY shall comply with all applicable provisions of law
and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
C. Because of its status as an independent contractor, CONTRACTOR shall have
absolutely no right to employment rights and benefits available to COUNTY employees.
CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely
responsible and save COUNTY harmless from all matters relating to payment of
CONTRACTOR'S employees, including compliance with Social Security withholding and all
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other regulations governing such matters. It is acknowledged that during the term of this
Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or
to this Agreement.
XXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONSULTANT is operating as a corporation
(a for-profit or non-profit corporation) or if during the term of the AGREEMENT, the
CONSULANT changes its status to operate as a corporation. Members of the
CONSULTANT’s Board of Directors shall disclose any self-dealing transactions that they
are a party to while CONSULTANT is providing goods or performing services under the
AGREEMENT. A self-dealing transaction shall mean a transaction to which the
CONSULTANT is a party and in which one or more of its directors has a material financial
interest. Members of the Board of Directors shall disclose any self-dealing transactions that
they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form,
attached hereto and incorporated as Exhibit H and submitting it to the COUNTY prior to
commencing with the self-dealing transaction or immediately thereafter.
XXVI. NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of
this AGREEMENT and changes thereto, shall be effected by the mailing thereof by
registered or certified mail, return receipt requested, postage prepaid, and addressed to the
CONTRACT ADMINISTRATOR and the CONSULTANT’s PROJECT MANAGER identified
above in Article I, Section C.
XXVII. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this AGREEMENT or any of its
respective rights or duties hereunder, without the prior written consent of the other party.
XXVIII. CONSULTANT’S LEGAL AUTHORITY
Each individual executing or attesting the AGREEMENT on behalf of the
CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly
authorized by or in accordance with CONSULTANT’s corporate by-laws to execute or attest
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and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii) that the
AGREEMENT, once he or she has executed it, is and shall be binding upon such
Corporation.
XXIX. BINDING UPON SUCCESSORS
The AGREEMENT shall be binding upon and inure to the benefit of the parties and
their respective successors in interest, assigns, legal representatives, and heirs.
XXX. INCONSISTENCIES
In the event of any inconsistency in interpreting the documents which constitute the
AGREEMENT, the inconsistency shall be resolved by giving precedence in the following
order of priority: (1) the text of the AGREEMENT (excluding Exhibits); (2) Exhibits to the
AGREEMENT.
XXXI. SEVERABILITY
Should any part of this AGREEMENT be determined to be invalid or unenforceable,
then this AGREEMENT shall be construed as not containing such provision, and all other
provisions which are otherwise lawful shall remain in full force and effect, and to this end
the provisions of this AGREEMENT are hereby declared to be severable.
XXII. FINAL AGREEMENT
Both of the above-named parties to this AGREEMENT hereby expressly agree that
this AGREEMENT constitutes the entire agreement which is made and concluded in
duplicate between the two parties with respect to the subject matter hereof and supersedes
all previous negotiations, proposals, commitments, writing, advertisements, publications,
and understandings of any nature whatsoever unless expressly included in this
AGREEMENT. In consideration of the promises, covenants and conditions contained in
this AGREEMENT, the CONSULTANT and the COUNTY, and each of them, do hereby
agree to diligently perform in accordance with the terms and conditions of the
AGREEMENT, as evidenced by the signatures below.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
2 set forth above.
3 GEO-LOGIC ASSOCIATES, INC.
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BY:~;E~~?
2777 EAST GUASTI ROAD
ONTARIO, CA 91761
REVIEWED AND RECOM~ NDED
FOR APPROVAL
11 By:..,..,...----=::-':"":~~~--:----
Steven E. White, Director
12 Department of Public Works and
Planning
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APPROVED AS TO ACCOUNTING
FORM
Vicki Crow, C.P.A
Auditor-Controller/ Treasurer-Tax
Collector
By: ali t ttJ {g +=
Deputy
FOR ACCOUNTING USE ONLY
FUND: 0700
SUBCLASS: 15000
ORG: 9026 27 ACCOUNT: 7295
28
COUNTY OF FRESNO
Fresno, California
06/06/16
.11 22
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Exhibit A
Scope of Work
American Avenue Disposal Site – Phase I Clean Closure Project (The Project)
A. Generally Applicable Conditions
All work shall be performed in an expeditious manner, consistent with professional skill in
orderly progress of the work, and with the schedule provided herein. The licensed
professional(s) in charge of the work shall sign and seal, as required by law or by accepted
standards of the applicable profession all Plans, Specifications and Estimates (PS&E), related
exhibits and engineering data furnished to the County of Fresno’s (County) Department of
PublicWorks and Planning (Department); and, where appropriate, shall indicate his/her
professional registration number.
The Consultant shall not identify or name any material, model number, or equipment from a
single manufacturer (Sole Source) on the plans or in the specifications without prior approval
from the Contract Administrator. If, in the opinion of the Consultant, Sole Sourcing is necessary
to ensure the quality of The Project the Contract Administrator will not withhold support.
However, the Consultant will be required to prepare a written justification on a form provided
for any specified Sole Sourced item, and any final determination of Sole Sourcing will be made
by the County’s Board of Supervisors.
Modifications to tasks may be needed from time to time as a result of new site-specific
information, changing regulatory conditions, or a request from the County to increase or
decrease the work scope. In all such instances, the Consultant will analyse the impact of the
modification on the task schedule and budget. The County Project Manager will be advised of
the modification and its implications, and obtain County approval before proceeding with the
modified task.
The Consultant will prepare monthly progress reports, unless directed by the County to prepare
reports with a greater frequency. The monthly progress reports will include, at a minimum:
• Narrative text describing work accomplished during the period covered by the report
and the summary of work progress to date.
• The physical progress, as a percent of completion during the reporting period, and
phase to date will be documented. The level of effort budgeted and expended during
the reporting period and to date will be summarized and major variance/scope changes
will be identified and described along with the effect of each on cost and schedule.
Actions taken to correct any schedule slippage will be discussed.
• Schedule updates will be provided monthly until project completion.
B. Task 1: Project Management and Meetings
The Consultant must participate in an unnumbered amount of conference calls and meetings
with County staff and the Central Valley Regional Water Quality Control Board (CVRWQCB).
These meetings will be held either at the County’s office or the CVRWQCB office, both in
Fresno. Specific meetings in addition to the kick-off meeting are described below. The County’s
office, where constructability meetings will be held, is located at: 2220 Tulare Street, Fresno, CA
93721.
Face-to-face meetings will be supplemented with regularly scheduled conference calls to
review project progress and discuss issues that arise during the course of the project. The
Consultant has proposed starting with bi-weekly conference calls to supplement the face-to-
face meetings. The frequency of these calls can be revised as the project progresses.
There are eight (8) anticipated meetings; four (4) of these meetings are constructability reviews
as mentioned below:
1. Draft Field Exploration Work Plan and Site Reconnaissance at the Project Site
2. Combined Regulator meeting to discuss the project and CEQA Meeting #1, Scoping
Meeting
3. CEQA Meeting #2, Present Mitigated Negative Declaration to County Board of
Supervisors
4. 30% PS&E Package Constructability Meeting
5. Draft Clean Closure Work Plan (CCWP) (Constructability Meeting)
6. 60% PS&E Constructability Meeting
7. Present CCWP to RWQCB (and CalRecycle and Air District, if appropriate)
8. 90% PS&E Constructability Meeting
Construction-related meetings, including Consultant attendance at the pre-bid meeting, are
addressed in Tasks 5 and 6.
Deliverables:
1. Draft and final meeting agendas
2. Electronic files in MS Word of all draft meeting minutes for review by County within
7 workdays of the meeting date
3. Electronic PDF files of all final meeting minutes
4. Draft and final version of meeting notice announcements
C. Task 2: Environmental Compliance and Permitting
The Consultant will prepare the Initial Study/Environmental Checklist (Initial Study):
1. Review of existing reports and environmental studies. Preparation of a Draft Initial
Study/Environmental Checklist for review by the County.
2. Preparation of the Final Initial Study/Environmental Checklist.
If it is determined that the project is not exempt from CEQA and/or does not qualify for a CEQA
exclusion, it’s assumed that a Negative or Mitigated Negative Declaration would be sufficient. If
a Negative or Mitigated Negative Declaration is determined to be the appropriate CEQA
document, then the Consultant team will proceed with the following:
1. Prepare the CEQA Project Description and provide to the County for review and
approval to make sure the Project Description includes all elements needed for
project approval.
2. Prepare an Administrative Draft Negative Declaration/Mitigated Negative
Declaration (AD IS/MND). It is assumed additional biological or cultural studies will
not be required given the work will be within the existing disposal site. At this time
no additional air quality modelling or public risk analysis will be required and the
Consultant will use existing information to support the CEQA analysis without the
need to do any further detailed field studies related to CEQA.
3. Provide the AD IS/MND to the County for staff review and comment. County staff
will have minimum of two (2) weeks but no more than four (4) weeks for review and
comment.
4. Prepare the Public Notice for the local newspaper (County will pay fees to the
newspaper for publishing the Public Notice).
5. Revise the AD IS/MND to address staff comments. The Consultant will address
comments and prepare the Final Draft IS/MND for public release for two (2) weeks.
6. Prepare the Notice of Completion (Negative Declaration/Mitigated Negative
Declaration [ND/MND]) for the State Clearinghouse filing providing 15 copies to the
State Clearinghouse (required).
7. Prepare the Notice of Intent/Availability of the ND/MND to the Fresno County Clerk
as required by the CEQA Guidelines.
8. Provide an additional 15 copies for local distribution; 5 copies to Fresno County with
3 electronic copies (CD).
9. Support, including providing information for, an agenda and being present for up to
two meetings relating to the Initial Study or the ND/MND.
10. Review the comments on the ND/MND and provide responses for the County to
incorporate into the Staff Report for County adoption.
11. Prepare and provide filing with the County Clerk’s office (any filing fee by the Clerk’s
office and the Fish and Game Code 7.11, fee are not included in our fee proposal).
12. Prepare the Notice of Determination filing with the State Clearinghouse and the
Fresno County Clerk. (The Notice of Determination is filed within 5 working days
after the resolution to move forward with the project is approved.)
Various permits will be required prior to initiating the clean closure construction. The
Consultant will develop the necessary permit applications and support documentation.
Permitting/compliance issues identified by primary agency are provided below and this list
includes but is not limited to:
Anticipated Lead Environmental Agency (LEA) – County
• California Environmental Quality Act (CEQA)
• Either exempt from CEQA or Mitigated Negative Declaration
• CalRecycle requirements (as determined by LEA)
• Modification of Solid Waste Facility Permit (SWFP)
• Modification of Report of Disposal Site Information (RDSI)
Regional Water Quality Control Board
• Revision to Waste Discharge Requirements (WDRs) – not anticipated until after the
project is completed and the corrective action program shows that the migration of
landfill gas has been successfully controlled.
• Construction General Permit from SWRCB (not applicable because all stormwater is
collected and controlled on-site).
• Temporary modified caps to dry monitoring wells (i.e. picket fence wells) to reduce
health and safety risk of methane accumulation during Phase I excavation planning and
implementation.
• Monitoring well destruction work plan; as part of the plans and specifications, there will
be a monitoring well destruction work plan for the CVRWQCB to review and approve.
The work plan will include a requirement for the project consultant to submit a
monitoring well destruction report to the CVRWQCB after completion of the well
destructions.
San Joaquin Valley Air Pollution Control District
• Address CEQA exemption
• Discuss temporary LFG isolation from Phases II and III
• Possibly an Air District permit may need to be prepared for the short term operation of
the Phase I system after it is isolated from the main landfill gas system
Deliverables:
1. Amend the Joint Technical Document (JTD) for Cal Recycle and the CVRWQCB
described in CCR Title 27 for the CCWP prior to, during, or after the clean closure
construction, as needed.
2. Draft and final versions of the Project Description
3. Draft and final versions of the IS/MND
4. Review and consider “Final Draft Workplan Reclamation of the Phase I Disposal Area
(BSK, February 7, 2015)” as provided by the County. Determine if additional limits of
waste study is warranted for the preparation of the CCWP.
5. Review and consider San Joaquin Valley Air Pollution Control District Title V Permit
C-3115 and any subsequently issued permits for or during The Project.
6. Incorporate various Regulatory Agency requirements in the design. Including, but
not limited to, requirements by RWQCB, CalRecycle and the San Joaquin Valley Air
Pollution Control District.
D. Task 3: Geotechnical Studies and Engineering Analyses
The Consultant shall use the following different methods to explore the existing subsurface
conditions: refraction microtremor (ReMi) surveys; borings; and test pits. (Optionally, a large
coil metal detector to help define the limits of waste if metal is observed to be a significant
fraction in the test pits.)
To obtain the geotechnical information necessary to address the Phase I clean closure
requirements in 27 CCR, the following work tasks shall be utilized.
1. Date review and utility clearance shall be performed using the BSK report, previous
EMCON reports, and monitoring and gas probe logs. The Consultant has stated that
they will purchase and review historical stereo aerial photograph pairs and use this
information to plan field exploration activities. The consultant will visit the site as
part of the first design progress meeting and work with County staff to identify
existing utilities.
2. Prior to initiating any field work, the Consultant will prepare a comprehensive,
integrated project Health and Safety Plan (HASP). This plan details methods and
procedures to protect workers from existing and potential hazards during field
operations. The HASP will take into account site-specific conditions, will follow CAL-
OSHA regulations and EPA Standard Operating Safety Guides, and will be prepared
under the direction of a registered professional. At a minimum, the HASP will
address the following, including, but not limited to: Site locations and anticipated
conditions, location of nearby hospitals and emergency control agencies, site and
office support contacts, descriptions of anticipated field activities, anticipated
chemical, biological, and physical hazards, description of safe field procedures,
description of relevant mitigation measures, personnel and equipment monitoring
procedures, description of personnel protective equipment, description of additional
safety equipment, and contingency plans.
3. The HASP will present the protocol for evaluating, monitoring, and mitigating the
potential hazards of methane, hydrogen sulfide, organic gases, and heavy metals.
4. The safety procedures will include the following:
a. The field geologist will conduct routine monitoring for combustible gases,
oxygen content, hydrogen sulfide, and carbon monoxide using a Combustible
Gas Indicator (CGI), of the breathing zone around the head of each test pit
and boring. The following procedures will be followed if explosive gases are
detected:
i. If the CGI detects between 4% and 15% of the Lower Explosive Limit
(LEL), the geologist will contact the Project Safety Officer (PSO) and
continue with caution.
ii. If the CGI detects between 16% and 20% of the LEL, drilling and/or
excavation may continue with extreme caution, only under the direct
supervision of the PSO.
iii. If the CGI detects more than 20% of the LEL, all drilling and/or
excavation operations must cease and employees must withdraw in
an upwind direction.
b. During drilling and test pit excavation operations, the field geologist and
contractor shall wear Level C personal protective equipment, including
disposable coveralls, nitrile gloves, and air-purifying respirators equipped
with HEPA cartridges.
c. During drilling and test pit excavation operations, water will be applied to the
soils to reduce dust generation.
d. To the extent possible, during drilling and test pit excavation, the field
geologist and work crew will work upwind of operations.
5. Geophysical surveying will be conducted to evaluate the extent and thickness of
Phase I waste. Lines of the waste limits will be located in general east-west and
north-south alignments. Evaluation lines will also include running lines of surveying
along each of the four sides of Phase I, just outside the currently identified waste
limits to identify any pockets of waste beyond the identified Phase I footprint.
6. Geophysical surveying roughly 13,500 lineal feet of geophysical lines.
7. The Consultant will conduct refraction microtremor (ReMi) surveys to evaluate the
extent and thickness of waste in the study area. It is anticipated that there will be
seven arrays, with geophones spaced approximately 20 feet apart.
8. Three borings will be drilled though the waste and at least 5 feet into native
underlying soils. Borings will be used to characterize waste materials and,
importantly, the nature and depth of potentially inspected soil materials just below
the waste. Four samples will be collected from each boring: Two samples from the
waste and two from the native soils underlying the waste. Select soil samples from
the sonic cores will be collected for environmental analytical testing. The goal is to
find the demarcation of impacted soil vs. non-impacted soil below the waste.
9. All investigation-derived waste (IDW) will be placed into labelled, sealed 55-gallon
drums for subsequent disposal by the County. The County will require borings will be
backfilled with a grout mix consisting of a slurry of cement, bentonite, and water.
10. Test pits will be excavated to conclusively identify the edge of waste or the depth of
existing cover soil at that particular location. Test pits will be approximately 10 to 15
feet long. If the initial excavated location does not encounter the edge of waste, the
test pit excavation will be extended until the edge of waste is encountered.
11. The location of the edge of waste will be staked for future use by the Consultant.
12. Logs of each test pit will include but not be limited to the following information: Test
pit identification, date and time of the beginning of excavation and completion of
backfill, scale of the test pit log, description of materials encountered, including
Munsell color assignment, lithologic descriptions following Unified Soils
Classification System, and types of waste, materials (metals, burn ash, concrete,
rubble, mixed waste), thickness of cover soils, depth and thickness of waste
materials, depth to native soils below waste materials, and presence of groundwater
or perched groundwater.
13. Each test pit will be visually classified and representative soil samples will be tested
in a soils laboratory for gradation, Atterberg limits, moisture characteristics, and
density.
14. Each test pit will be photographed and a graphic depiction of the conditions
encountered will be developed.
15. There will be a minimum of 25 test pits excavated and logged from the ground
surface and all Health and Safety Plan precautions will be applicable.
16. Bulk samples of representative soil and bedrock will be collected from test pit
excavation for subsequent analysis of engineering properties.
17. After the excavation is completed, logged, and samples are collected, the text pit will
be backfilled with clean soil.
18. All excavated waste will be collected by County forces and transported and placed at
the active face for disposal. The County will make clean soil available to backfill each
test pit.
19. Excavation services to be provided by a State of California licensed “Class A”
contractor with a HAZ certification.
20. To supplement the other testing methods for assessing the limits of waste, the
Consultant will provide a large coil metal detector. This alternative form of detecting
metal-laden waste may be used during the active excavation and when confirmation
of waste free soil is necessary.
21. Laboratory and engineering analyses will include, but not be limited to: The stability
of interim Phase I waste slopes, determination and evaluation of the soil slopes if
they are suitable for lining, and an analysis to assess the steepest safe slope
inclination.
22. Once the volume of waste and impacted soils to be excavated has been calculated,
fill sequencing and airspace calculations for Phase III disposal operations will be
completed. Full coordination with ongoing waste disposal operations will be made
with the County.
23. The Geotechnical report preparation shall include but not be limited to: the methods
and finding of the geotechnical study and associated engineering analyses, and field
investigations, geologic logs of all test pits, geologic logs of all exploratory boreholes,
geophysical profiles, geotechnical laboratory test results, and results of engineering
analyses, including volume calculations and slope stability analyses.
24. All field and laboratory investigation methods and results will be described in the
Geotechnical Report.
25. The site stratigraphy, engineering conditions, and groundwater conditions will be
described in sufficient detail to support the CCWP. Slope stability modelling
procedures, input parameter values, and assumptions will be described in detail, and
the results will be presented in a format that references critical slope geometries.
Prior to submittal of any work product to the County, the Consultant will provide a
comprehensive senior peer review of all deliverable technical documents. This
report will be appropriate for inclusion as a standalone appendix to the CCWP.
Deliverables:
1. Draft and final Geotechnical Study and Engineering Analyses Report in MS Word
2. Electronic PDF files of the final Geotechnical Study and Engineering Analyses Report
E. Task 4: Clean Closure Work Plan and CQA Manual
The Consultant will develop a comprehensive CCWP consistent with the requirements of 27
CCR Sections 21090(f) and 21810. Cost estimates will be developed following the requirements
of 27 CCR Section 21815. The CCWP will discuss the following, including, but not limited to: the
proposed work, site history and characteristics, waste characteristics and volumes, impacted
soil characteristics and volume, waste/soil excavation and management plan, waste disposal
plan, traffic management plan, confirmation sampling plan, general grading requirements,
worker health and safety, schedule, and a cost opinion. Results of technical analysis to support
the proposed clean closure activities will be provided as stand-alone Reports or Technical
Memoranda and will be included in the CCWP as appendices.
The Consultant will develop an expedient clean closure operations schedule that will optimize
contractor operations, minimize the time on-site for all support staff, and potentially reduce
the overall duration and cost of the operational phases of the project while maintaining a high
level of safety. Operational and project-wide safety oversight will be provided through a full-
time, on-site staff member. The work plan will include the following components:
1. Excavation Process Plan, including analysis of equipment types, quantity, and
production rates, excavator productivity, balancing excavation and fill, and daily
cover.
2. Excavation Sequence Plan, including sequencing, haul route selection and
optimization, and construction and maintenance.
3. Fill Process Plan, including equipment productivity, balancing pushing and
compacting, and daily cover.
4. Fill Sequence Plan, including cost benefit analysis for fill areas, grade control, and
surveying support.
5. Environmental Issues, including stormwater drainage control systems, dust control,
litter control, and odor management.
6. Safety, including the development of an integrated comprehensive project-wide
health and safety plan, ongoing monitoring and prevention and response to fires and
other emergencies.
7. Mapping/Surveying, including preparation of monthly topographic maps of
excavation and fill areas, and utilization of drone flyover technology.
The Consultant will not proceed with the preparation of the 90 % PS&E until the CCWP receives
regulatory approval.
The Consultant will prepare a CQA Manual for the Phase I clean closure construction. Develop a
preliminary, permit-level CQA Manual for inclusion in the CCWP to be submitted to the
CVRWQCB.
The final CQA Manual will be developed as part of the 90% PS&E package after receipt of
CVRWQCB comments.
The CQA Manual will be prepared to assure that acceptable test results and inspection
observations are obtained to evaluate whether the final product is completed in compliance
with minimum regulatory standards and the approved project design. The CQA Manual will
conform to applicable state regulatory requirements as well as the RWQCB’s Fresno Office
requirements and will, among other things, discuss the following: General project design
information, definitions of responsible parties and description of specific materials to be used in
the construction, personnel qualifications, chain of command, and CQA organization, project
meetings, test methods and inspection requirements for soil confirmation sampling and
associated analytical testing, documentation requirements and formats, including daily records,
inspection sheets, photographs, acceptance of completed portions of the project, and final
documentation (Clean closure Certification Report) and document storage.
The CQA Manual will be included in with the Technical Specifications as a stand-alone
document and will be prepared under the direction of, and stamped by the Project Engineer
who is a registered California professional civil engineer and if necessary, a registered
engineering geologist in the State of California.
Deliverables:
1. Draft and final CCWP in MS Word
2. Electronic PDF files of the final CCWP
F. Task 5: Plans, Specifications and Estimate (PS&E)
The Consultant will develop County bid-ready closure construction plans, specifications, and
engineer’s estimate of probable construction cost, for the Phase I clean closure. The final PS&E
package will be suitable for bidding and will fully comply with the approved CCWP.
The PS&E will be developed in four distinct stages: 30% complete, 60% complete, 90%
complete, and final (100%). County review will occur at each of the first three stages, with
County comments addressed and incorporated into the next stage.
1. Submittals will not be accepted, if in the opinion of the Department the submittal
does not meet the deliverables requirement listed in this Agreement (minimum
deliverables for each phase are included below).
2. The specifications shall be in accordance with the 2010 Standard Specifications of
the State of California, Department of Transportation.
3. Identify appropriate allocation of working days for the construction work.
4. Modify PS&E as necessary to address comments by the County.
5. The 90% PS&E package shall be adequately completed for final review. The 90%
PS&E package will not be accepted, if in the opinion of the Department the
submittal is not adequately complete. Adequately complete means the 90% PS&E
submittal would require only minor corrections to be classified as final.
6. Final PS&E’s will not be accepted nor considered 100% by the Department until all
corrections or changes to the PS&E as required by the Department are addressed
and completed.
7. Incorporate final comments and submit final plans on Compact Disc in Autodesk Civil
3D 2014 or later version, as well as on mylar. In addition to submitting hard copies of
the final specifications and estimate, a copy of the final specifications shall also be
submitted in Microsoft Word format and Adobe PDF, and the estimate in Microsoft
Excel.
30% PS&E Submittal shall include, but not be limited to:
1. Cover Sheet
2. Site Plan including the following, but not limited to: Property boundaries, utilities,
location of buildings and appurtenances (fences, gates, roads, parking areas,
drainage culverts, signs, etc.,) existing and proposed features related to the clean
closure of AADS Phase I, and the staging area.
3. A Demolition Plan
4. Traffic Routing Plan
5. Excavation Plan
6. Excavation Phasing Plan
7. Waste Disposal Plan
8. Waste Disposal Phasing Plan
9. Interim and Final Surface Water Management Plan
10. Groundwater and LFG Extraction Well Demolition/Decommissioning/Removal Plan
11. Cross Sections
12. Sections and Details Plan(s)
13. Preliminary bid list and Engineer’s Estimate of possible construction cost. Lump sum
estimates will be accepted at this phase.
14. Technical Specifications Outline
15. Calculations used to support the design will be presented in the CCWP.
16. Typical detail of extraction well extension (if necessary at Phase II)
60% PS&E Submittal shall include, but not be limited to:
1. Address comments from 30% submittal review by the County.
2. Prepare all construction details and necessary drawings that clearly depict the scope
of work to be performed by the Contractor.
3. Develop and refine the Technical Specifications.
4. Prepare a detailed design with all excavation/fill areas, temporary and long-term
grading, vegetation, erosion control, maintenance roads, gas extraction well
demolition, groundwater monitoring well abandonment, utility relocation, if any,
appurtenances, and other items for the CCWP.
5. The permit level Technical Specifications and Engineer’s estimate, identifying the
construction components and requirements of the project will also be prepared.
6. The design and develop the PS&E’s for impacts related to waste excavation and
subsequent disposal, diversion and control of surface water, logistics of grading and
materials handling, potential traffic impacts, lay-out and work areas, water
availability, and quality control.
7. The list of bid items, quantities, and initial draft engineer's construction cost
estimate for the work shown on the construction drawings and details and included
in the technical specifications will be revised.
8. An estimate for the construction duration will be developed.
9. The 60% design package submittal will model the substance and format of the final
design package, be consistent with County Standards, and will support agency
review and approval of the CCWP.
10. A grading and drainage plan of the area of work. The plan would be for the grading
and drainage of the area after the removal of the material and the new area where
the material is being hauled to. Temporary and long term grading.
11. Provide a staging plan with possible materials storage and equipment yard areas as
well as address how the Contractor will provide/utilize temporary water supply
during construction.
12. Prepare a construction cost estimate identifying the units of measure, quantities,
unit price, and total price for each bid item. Generally, lump sum bid items will not
be accepted. If the item of work can be measured then the bid item shall be at the
unit price with an appropriate unit of measure (i.e. each, linear feet (LF), cubic yard
(CY), etc.). Final construction cost estimate identifying the units of measure,
quantities, unit price, and total price for each bid item.
13. The Project Specifications shall include statements on how the specified items are
measured and paid. These statements shall be clearly worded to identify the
corresponding bid item in the estimate.
90% PS&E Submittal shall include, but not be limited to:
1. Address comments from 60% submittal review by the County.
2. Prepare estimates that identify final pay and specialty items, accompanied by two
independently-performed sets of quantity calculations. Quantity calculations shall
identify and be signed by the individual performing those calculations.
3. Prepare Base Bid and additive bid item schedules
4. The 90% PS&E package shall be adequately completed for final review. The 90%
PS&E package will not be accepted, if in the opinion of the Department the
submittal is not adequately complete. Adequately complete means the 90% PS&E
submittal would require only minor corrections to be classified as final.
5. Final PS&E’s will not be accepted nor considered 100% by the Department until all
corrections or changes to the PS&E as required by the Department are addressed
and completed.
Final (100%) PS&E Submittal shall include, but not be limited to:
1. Incorporate final comments.
2. Sign all PS&E and engineering data furnished to County and, where appropriate,
stamp and/or indicate PE registration number.
3. Specify in the Engineer’s estimate the specialty and/or final pay items as requested
by the County per State Standard Specifications provisions.
4. Prepare final plans on 22 in. x 34 in. sheets; provide hard copy and electronic format
and Mylar reproducibles.
5. Prepare final technical specifications and engineer’s estimate; provide hard copy and
electronic format (MS Word and MS Excel compatible)
6. Assess construction period for bidding.
7. Issue Final original drawings and specifications
8. Delete by using “Not in Contract” (NIC) or other measures acceptable to County, or
otherwise change, portions of the construction work at the request of the County (to
lower the construction contract cost, if necessary.)
9. Final Contract Specifications shall include information as mentioned in the items
above and shall be edited to be presented for advertisement. Continuity and
consistency in formatting of the final specifications must be provided.
Additionally, the Consultant will be required to provide assistance during the bidding and post-
bid phase, as provided herein.
1. The Consultant shall provide technical information and provide text for addenda as
necessary to clarify the Consultant’s PS&E. Such addenda shall be wet-signed and
sealed by the Consultant, and submitted to the Department in a timely manner.
2. The Consultant shall be responsible for reviewing and approving all Contractor
submittals as required in the technical specifications for the project. Traffic control
submittals shall be submitted to Department for approval action as shall be the
Contractor’s staging and phasing proposals. Additional requirements for submittals
are listed in the Construction Management Deliverables section of this Exhibit.
Reviewing and responding to all Contractor Requests for Information (RFI), as
determined by the Department, concerning project site conditions and clarification
of the plans and specifications.
3. Develop a draft agenda for pre-bid meeting and submit to the County for review and
comment. Revise the draft agenda per County comments and issue the final agenda
for public notice.
4. If needed, be present at Board of Supervisor meetings to support the County.
5. During the bid process, it is expected that the Consultant will not be in direct
communication with potential bidders.
Deliverables:
Deliverables for all Phases of Completion for PS&E’s
1. Five hard copies of each drawing prepared with AutoCAD and one electronic set
(.dwg) on CD
2. Five hard copies of Technical Specifications and electronic copy on CD in MS Word
and PDF
3. Five hard copies of the Engineer’s Estimate of the probable construction cost and
duration and electronic copy on CD in MS Excel and PDF
Deliverables for Final (100%) Submittal of PS&E’s
4. Five bound hard copies and one unbound hard copy of camera-ready Technical
Specifications, including the CQA Manual
5. Five full-sized hard copy sets, five half-sized hard copy sets, and one complete set of
the signed and stamped drawings on Mylar
6. One (1) compact disc or DVD with electronic files for the Technical Specifications,
construction drawings, Engineer’s Estimate, and the Bid Quantities List in original file
format and in PDF
Deliverables during Bid Assistance
1. Any addenda to the technical specifications, as required for bidding (stamped and/or
signed, as appropriate).
2. Responses to any RFI’s regarding the technical specifications.
G. Task 6: Construction Management
Observing the Contractor’s work for conformance with The Project plans and specifications.
The Consultant will provide 3 full time inspectors (Construction Manager, CQA Monitor and
Health & Safety Monitor) to provide necessary services as required herein. The estimate used
to generate this task’s preliminary not-to-exceed allocation (Exhibit E) is based on a forty-three
(43) week Construction schedule; 5-days per week for 10-hours per day (including 2-hours per
day of overtime).
In general, the CM services include but are not limited to the following tasks:
1. Perform Project CQA services as stated in the CQA Manual.
2. Perform Operations and Safety Services as stated in the Health and Safety Manual.
3. Observe the Contractor’s compliance with the environmental requirements of the
plans and specifications.
4. Post Construction: The Consultant shall review and revise (if necessary) as-built
mark-up provided by Contractor and sign as-built plans after being prepared by the
Department.
5. Prepare, submit and obtain approval of Final Clean Closure Report in accordance
with CCR 27 §21810 et Seq. Provide Clean Closure Report submittal to the
appropriate regulatory agencies and respond to comments to the report as
necessary to gain Clean Closure approval.
The Consultant’s inspector shall provide full time day-to-day inspection of project construction,
as required to ensure Contractor compliance with the scope and intent of The Project plans,
specifications, and Construction Quality Assurance (CQA) Manual which will include but not be
limited to:
6. Providing, in writing, recommendations to the County regarding the approval or
disapproval of any submittals received from the Contractor submittals and delivering
to the County in a timely manner.
7. Consultant shall provide agenda for the meetings at least five (5) days prior to
meeting dates.
8. Providing professional opinions on schedule, payments, progress, quantities,
material suitability and any other aspect of the construction activities.
9. Verifying that equipment installed and materials supplied are in conformance with
The Project plans, specifications, CQA Manual, and applicable submittals.
10. Recording quantities of bid items placed each week to be submitted to the County.
11. Reviewing of monthly progress payment requests by the Contractor.
12. Reviewing and providing an opinion regarding change order requests to the County
for approval.
13. Meeting with County staff to discuss any discrepancies found in the Contractor’s
work performed, submittals, contract documents, and site conditions. This meeting
will be held onsite once a week.
14. Monitoring compliance with Cal OSHA requirements and compliance with all local,
state and federal regulations.
15. Maintaining direct communication with CQA Monitor to ensure compliance with
CQA Manual for The Project and report to the County.
16. Closely monitor testing results and requires the Contractor to provide corrective
measures to achieve compliance.
17. The safety manager will conduct daily air-monitoring sweeps of the work areas to
affirm non-hazardous levels of Methane, Carbon Dioxide, Carbon Monoxide and
Hydrogen Sulfide. Additional sweeps will be done during the day at random or
selected intervals.
18. Keeping the excavation surface as level as possible to avoid potential for methane to
pool up in depressions. Efforts to keep these surfaces in line with prevailing winds
will also allow for hazardous gas to be displaced naturally.
19. Coordinating location and data for survey control points with the County Surveys
Section.
20. CM to coordinate with County RE for notice to proceed, incidental lab testing
requirements (compaction, etc), labor compliance and project completion notice.
21. Maintaining a photographic record of key elements of each operation of work each
day, with increased detail in situations of potential changes or Contractor claims.
22. Preparing punch list at substantial completion and follow up with the Contractor
regarding progress of corrections.
23. Prepare and maintain detailed daily diary inspector reports on construction progress
including daily record of men, equipment and usage.
24. Maintaining field file bound workbooks during construction, including a cumulative
record of quantities constructed, daily and weekly reports, working day reports,
change order documentation, photographs, and other documentation.
25. The Consultant will quickly respond to RFIs, changed conditions requiring extra work
authorization, or change orders. Maintain a RFI and change order log that will
identify each item and the status in the Cost Tracking Plan.
26. Routinely reviewing construction files/documents to ensure conformance to
Department of Public Works and Planning (Department) standards and good
construction management practice.
27. Finalizing and delivering of all construction files and supplies to the County for
archives.
28. Maintaining and submitting a clean set of plans marked in red for as-built
corrections on record drawings to be filed with the County (County will transfer the
Contractor's record drawings to original Mylar drawings).
29. Providing certification to the Department certifying that The Project has been
constructed in conformance with the PS&E and any and all change orders or
addenda properly executed during construction, and that Department may issue a
Notice of Completion.
Inspectors providing CQA Monitoring and Health & Safety will follow guidelines as described in
the CQA Manual and Health & Safety Plan prepared by the Consultant and required herein this
agreement.
The Consultant’s inspectors shall perform these duties for the entire duration of the
construction activities for this project. The Consultant is required to provide an estimate of
construction duration.
The Consultant’s inspectors shall be present when the Contractor is actively performing work at
The Project site. The inspectors shall be available to the Contractor and shall provide to the
Contractor and the County all necessary contact information. The inspectors shall also provide
the phone number of a cellular phone to be carried by the inspector and be available via email
at all times.
The Consultant’s inspectors shall have a minimum of ten (10) years of experience in on-site
construction management and CQA services.
The Consultant shall submit a Final Clean Closure Report stating that the work performed by
the Contractor is in conformance with the approved plans and specifications. The Final Clean
Closure Report shall contain sufficient detail gain regulatory approval for clean closure.
Deliverables
1. Draft and final meeting agendas and minutes
2. Daily Reports
3. Weekly Summary Reports
4. Draft and final Clean Closure Certification Report in MS Word and PDF formats
5. Five hard copies of the final Clean Closure Certification Report and electronic copy
on CD in MS Word, PDF, and AutoCAD (.dwg) formats
Exhibit B
Geo‐Logic Associates Key Personnel
American Avenue Disposal Site – Phase I Clean Closure Project
Gary Lass, Principal in Charge, PG License No. 3653 CA, Certified Engineering Geologist (CEG)
License No. 1093 CA, Certified Hydrogeologist (CHG) License No. 18 CA
Michael Yacyshyn, Principal Engineer, Project Manager, Professional Engineer License No.
C38976 CA
John Hower, Principal Geologist, Quality Assurance/Quality Control, PG License No. 6524 CA,
CEG License No. 2142 CA
Robert Johnson, Senior Project Manager/Supervising Engineer, PE License No. C39641 CA
Richard Mitchell, Permitting and Compliance, PG License No. 4390 CA, CEG License No. 1371
Associate Personnel
Bryan Fritzler, Construction Services Task Manager, PE CA C55568
Frank (Ben) Dell‐Era, Construction Manager
Jacob Russell, Civil Design task Manager, PE CA C64512
Wich Choomwiset, Civil Design, PE CA 74930
Javier Mendivil, Civil Design, EIT
Bret Treece, Permitting & Compliance / Field Exploration, PG CA 9265
Sub‐Consultants
Blue Ridge Services, Inc. – Project role: Operational Coordination and health and safety with the
clean closure contractor and with current landfill operations.
Argonaut Ecological Consulting, Inc. – Project role: CEQA Compliance
Dr. James Babcock, PG CA 4515 – Project role: Regulatory Liaison, CEQA support and
coordination, and senior reviewer for soil confirmation, sampling and analysis.
BC Labs – Testing during Tasks 3 & 6
Exhibit C
Project Schedule
American Avenue Disposal Site – Phase I Clean Closure Project
Board of Supervisors Executes Consultant Agreement 7/12/2016
Kick off Meeting with Consultant at AADS 7/26/2016
Data Review and Utility Clearance 8/8/16 – 8/19/16
Health and Safety Plan by Geo‐Logic 8/22/16 – 8/26/16
Geophysical Surveying by Geo‐Logic 8/31/16 – 9/6/16
Exploratory Drilling, Logging, & Soil Sampling 9/5/16 – 9/9/16
Test Pits by Geo‐Logic 9/12/16 – 9/23/16
Geo‐Logic Submits 30% PS&E's 9/26/2016
Geo‐Logic performs Engineering Analysis 9/26/16 – 10/14/16
County Review and Comments of 30% PS&E's 9/26/16 – 10/14/16
30% PS&E Constructability review meeting 10/17/16
Geotechnical Study and Engineering Analysis Report 10/18/16 – 11/7/16
Preparation of CEQA Initial study 10/18/16 – 11/18/16
Geo‐Logic Initiates RWQCB & other regulatory agency approvals 10/18/16 – 12/16/16
Prepare Draft Clean Closure Work Plan 10/18/16 – 12/21/16
Prepare Construction Quality Assurance Manual 10/18/16 – 12/21/16
Preparation of Negative Declaration or Mitigated Negative 11/21/16 – 12/23/16
Declaration
County Review of Draft Clean Closure Work Plan 12/21/2016 – 1/20/2017
County Review and Comments of 60% PS&E's 12/22/16 – 1/18/17
Public Review 12/26/16 – 2/3/17
Prepare Revised 60% PS&E 1/19/17 – 2/3/17
Prepare Revised Draft Clean Closure Work Plan 1/23/17 – 2/3/17
Completion of the Negative Declaration or Mitigated Negative 2/6/17 – 3/17/17
Declaration
Submit Revised Draft Clean Closure Work Plan 2/17/2017
Submit 60% PS&E for Regulatory Approval w/Clean Closure 2/17/2017
Work Plan
Geo‐Logic Prepares 90% PS&E 2/20/17 – 3/3/17
County Reviews 90%PS&E 3/6/17 – 4/7/17
Prepare 100% PS&E 4/10/17 – 5/12/17
Bidding and Award TBD
Construction Phase, Estimated at 43‐weeks TBD
Construction Closeout TBD
Exhibit D
Responsibilities of the County
American Avenue Disposal Site – Phase I Clean Closure Project
The Department will provide the services listed below to support completion of the design. The
Consultant will be responsible for evaluating the accuracy of all information supplied by the
Department.
1. Provide all previous planning documents and report relevant to the development of
work involved herein.
2. Provide copies of readily available existing plans and as‐builts, if any.
3. Give reasonably prompt consideration to all matters submitted by the Consultant for
approval to avoid substantial delays in the work.
4. Provide Department representatives for coordination of project PS&Es, and construction
support.
5. Attend and participate in meetings, including those with other involved agencies.
6. Provide a topographical map of The Project site in AutoCAD format based on the most
recent aerial photogrammetric data.
7. Attend initial kickoff meeting with Consultant at Project site.
8. Submit selected design to regulatory agencies for approval.
9. Provide contact information for various agencies involved in the approval process for
Project.
10. Filing fees, California Department of Fish and Game CEQA fee, County Clerk fees, etc.
will be paid for by the County of Fresno.
11. Provide County‐standard title sheet for plans in AutoCAD format for Consultant to edit
as appropriate.
12. Review and provide comments on consultant’s 30%, 60% and 90% PS&E in a timely
manner.
13. Prepare administrative (front‐end) portions of the specifications (notice to contractors,
agreement, proposal, etc.). The specifications will be in accordance with the 2010
Standard Specifications of the State of California, Department of Transportation.
14. Perform publication, duplication, and advertising for bids for construction.
15. Print and distribute addenda during bidding based on technical information provided by
Consultant.
16. Participate in meetings with the Consultant as required.
17. County of Fresno will provide aerial photography and ground control survey in
Autodesk Civil 3D 2016 format that will cover the study area which shall be used by the
consultant.
18. Examine documents submitted to the County by the Consultant and timely render
decisions pertaining thereto.
19. Obtain all necessary building permits.
20. Advertise, process bids, and award project contract.
21. Arrange and participate in the pre‐bid meeting.
During Construction, the County will perform the following:
1. Issue the Notice to Proceed to the Contractor.
2. Arrange and participate in the pre‐construction meeting.
3. Review and approve/disapprove Contractor submittals, considering Consultant’s
recommendations.
4. Process all payments to the Contractor.
5. Collection of certified payroll documents including spot checking to ensure appropriate
wage rates are paid and other labor compliance issues as they arise.
6. Issue the Notice of Completion once the work has been completed, certification of
project completion is received from the consultant and accepted by the County
7. Process contract change orders.
8. Transfer the approved Contractor's record drawings to original Mylar drawings (as‐
built).
9. Provide a project inspector and/or resident engineer for inspection, as determined to be
necessary by the County. County staff will not act in lieu of the Consultant’s CM/CQA
team.
Exhibit E
Compensation & Rates
American Avenue Disposal Site – Phase I Clean Closure Project
Not‐to‐Exceed Task Allocation
Task 1: Project Management and Meetings $ 140,375.00
Task 2: Environmental Compliance & Permitting $ 104,641.00
Task 3: Geotechnical Studies & Engineering Analyses $ 150,283.00
Task 4: Clean Closure Work Plan & CQA Manual $ 107,850.00
Task 5: Plans, Specifications & Estimates (PS&E) $ 111,067.00
Task 6: Construction Management $1,109,452.00
Extra Services Contingency $ 276,331.00
Total $2,000,000.00
Conditions
Services will be billed at the included hourly and cost rates, with the following exceptions:
1. The task allocations (above) shall cap total compensation for each task, and charges
shall not exceed these those caps without prior written adjustment to the task
allocations or authorization for Extra Services, as specified in the Agreement.
2. Professional travel time to and from Fresno will be capped at $125/hr, and no more
than 4 hours will be charged for any one round‐trip. This cap shall only apply to
actual time spent in transit, and time spent in meetings or rendering services shall
not be applied hereto.
3. No more than 4 hours will be charged for any one meeting. This cap shall apply only
to actual time spent in meetings, and time spent in transit shall not be applied
hereto.
4. GeoLogic Associates shall charge no more than a 3% mark up for incidental office
expenses, excluding travel time.
5. GeoLogic Associates shall charge no more than a 4% mark up for outside services
and indirect expenses (i.e. subconsultant charges).
Schedule 2016 - 2018 Effective Through 12/31/18
2016 - 2018 FEE SCHEDULE
PROFESSIONAL STAFF UNIT RATE
Staff Professional ........................................................................................................................ $112.00/Hour
Project Professional I .................................................................................................................... 138.00/Hour
Project Professional II ................................................................................................................... 163.00/Hour
Senior Professional ....................................................................................................................... 178.00/Hour
Supervising Professional ............................................................................................................... 203.00/Hour
Principal Professional ................................................................................................................... 224.00/Hour
Court Appearance (Expert Witness, Deposition, etc.; 4-hour minimum) ................................. 2 x HourlyRate
FIELD/LABORATORY STAFF
Technician I ..................................................................................................................................... 92.00/Hour
Technician II .................................................................................................................................... 98.00/Hour
Senior Technician (or Minimum Prevailing Wage Regular Time) ................................................. 105.00/Hour
Senior Technician (Prevailing Wage Over Time) ........................................................................... 120.00/Hour
Construction Manager/Supervising Technician ............................................................................ 115.00/Hour
Managing Technician .................................................................................................................... 128.00/Hour
SUPPORT STAFF
CADD/Designer ............................................................................................................................. 112.00/Hour
CADD Operator/Geotechnical Draftsperson................................................................................... 92.00/Hour
Geotechnical Clerk/Typist ............................................................................................................... 59.00/Hour
Word Processor .............................................................................................................................. 85.00/Hour
*A surcharge of 20% of PERSONNEL CHARGES is applicable to personnel working in hazardous materials
environments to compensate for costs associated with hazardous materials operations training and
personnel medical examinations.
EQUIPMENT CHARGES
BAT Permeameter .......................................................................................................................... 200.00/Day
Compaction Testing Equipment & Supplies ..................................................................................... 5 0.00/Day
Peel & Shear Strength Apparatus (FML Seams) ......................................................................... 900.00/Mo nth
Portable Laboratory (8’ x 32’ trailer) with equipment ................................................................ 1,200/Mo nth
Portable Laboratory (mobilization / demobilization) .......................................................................... 1,500.00
ReMi/Refraction Seismograph ........................................................................................................ 600.00/Day
Sealed Single Ring Infiltrometer (SSRI) .............................................................. 200.00/Day or 750.00/Month
Sealed Double Ring Infiltrometer (SDRI) ..................................................................................... Call for Quote
Slope Inclinometer.......................................................................................................................... 250.00/Day
EXPENSES
Vehicle Use for Field Services ............................................................................... 14.00/Hour or 34 0.00/week
Soil Sampling Equipment & Drilling Supplies .................................................................................... 5.00/Hour
Groundwater Sampling Equipment and Supplies ........................................................................... 15.00/Hour
Per Diem ............................................................................ Lesser of (Cost +15%) or (Local Governmen t Rate)
Outside Services (Consultants, Surveys, Chemical lab Tests, etc.)..................................................... Cost + 4%
Reimbursables (Maps, Photos, Permits, Expendable Supplies, etc.) ................................................. Cost + 4%
Outside Equipment (Drill Rig, Backhoe, Monitoring Equipment, etc.) .............................................. Cost + 4%
<continued on next page>
Schedule 2016 - 2018 Effective Through 12/31/18
PERMITS, FEES AND BONDS
The costs of all permits, fees, and performance bonds required by government agencies are to be paid by
the Client, unless stated otherwise in an accompanying proposal.
INSURANCE
Geo-Logic Associates, Inc. carries workers' compensation, comprehensive general liability and automobile
with policy limits normally acceptable to most clients. The cost for this insurance is covered by the fees
listed in this schedule. Cost of any special insurance required by the Client, including increases in policy
limits, adding additional insured parties and waivers of subrogation, are charged at cost plus 15%. Unless
otherwise stated, such charges are in addition to the estimated or maximum charges stated in any
accompanying proposal.
TERMS
Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Past due
accounts are subject to a finance charge of one and one-half percent (1-1/2%) per month, or the
maximum rate allowed by law.
PROPOSAL PERIOD
Unless otherwise stated, a proposal accompanying this schedule is effective for sixty (60) days. If
authorization to proceed is not received within this period, Geo-Logic Associates, Inc. reserves the right to
renegotiate the fee.
Schedule 2016 - 2018 Effective Through 12/31/18
2016 FEE SCHEDULE
SOIL TESTING TEST METHOD UNIT RATE
Atterberg Limits (LL, PL, and PI) ................................................................D4318 ........................ $150.00/Test
California Bearing Ratio (excluding moisture-density curve) ...................D1883 ......................... 200.00/Point
Chloride Content ............................................................................................................................. 50.00/Test
Corrosivity Series (resistivity, pH, sulfate, chloride) ...................................................................... 170.00/Test
Consolidation Test (without rate data – up to 8 loading increments) ......D2435 .......................... 150.00/Test
Consolidation Test (single point) ..............................................................D2435 ............................ 95.00/Test
Consolidation Test Rate Data (per load increment) .................................D2435 ............................60.00/each
Direct Shear Test (at natural moisture) ....................................................D3080 ........................... 65.00/Point
Direct Shear Test (saturated – strain rate 0.0084 inch/min.) ...................D3080 ........................... 75.00/Point
Direct Shear Test (saturated, recycled – strain rate 0.0084 inch/min.) ....D3080 ......................... 120.00/Point
Direct Shear Test (consolidated drained) .................................................D3080 ......................... 150.00/Point
Direct Shear Test (consolidated drained, residual)...................................D3080 ......................... 200.00/Point
Direct Shear Test (large shear box, 12 x 12) .............................................D3080 ......................... 270.00/Point
Expansion Index Test ................................................................................D4829 .......................... 125.00/Test
Expansion Index (cement or lime treated sample) ...................................D4829 .......................... 175.00/Test
Grain-Size Mechanical Analysis - Sand-Clay, including Hydrometer.........D422/D6913 ................ 150.00/Test
Grain-Size Mechanical Analysis - Gravel-Clay, including Hydrometer ......D422/D6913 ................ 190.00/Test
Harvard Miniature Compaction Test ............................................................................................. 235.00/Test
Mechanical Analysis, Percent Passing #200..............................................D1140/C117 .................. 75.00/Test
Mechanical Analysis - Sand or Gravel (no wash) ......................................D422/C136 .................... 85.00/Test
Mechanical Analysis - Sand and Gravel ....................................................D422/C136 .................. 155.00/Test
Mechanical Analysis - Sand or Gravel .......................................................D422/C136 .................. 120.00/Test
Mechanical Analysis - Minus 3” to 200 Sieve, Full Sieve ..........................D422/C136 .................. 155.00/Test
Moisture Content .....................................................................................D2216/D4643 ................ 16.00/Test
Moisture Density Curve for Compacted Fill (4-inch Mold) .......................D698 ............................ 150.00/Test
Moisture Density Curve for Compacted Fill (6-inch Mold) .......................D698 ............................ 175.00/Test
Moisture-Density Curve for Compacted Fill (4-inch Mold) .......................D1557 .......................... 165.00/Test
Moisture-Density Curve – Compacted Fill (6-inch Mold)..........................D1557 .......................... 200.00/Test
Moisture-Density Curve – Lime or Cement Treated (4-inch Mold) ..........D1557 .......................... 210.00/Test
Moisture-Density Curve – Lime or Cement Treated (6-inch Mold) ..........D1557 .......................... 250.00/Test
Moisture-Density Single Point ..................................................................T272 ............................... 80.00/Test
Moisture-Density Curve ............................................................................Cal 216 ......................... 175.00/Test
Organic Matter .........................................................................................D2974 ............................ 85.00/Test
Permeability (falling head) .......................................................................CAL220 ........................ 180.00/Test
Permeability (flexible wall) .......................................................................D5084 .......................... 300.00/Test
Permeability (rigid wall - constant head pressure, 2” to 8” mold) ...........D2434 .......................... 250.00/Test
Permeability (rigid wall - constant head pressure, 12” mold) ..................D2434 .......................... 410.00/Test
Permeability (additional consolidation stresses) ............................................................................ 95.00/stage
Permeability (air) ......................................................................................D6539 .......................... 325.00/Test
Pinhole Dispersion Test; 4 increments (remold sample) ..........................D4647 .......................... 400.00/Test
Resistance Value .......................................................................................D2844 .......................... 210.00/Test
Resistance Value – Lime or Cement Treated ............................................D2844/CA301 .............. 260.00/Test
Resistivity & pH Test .................................................................................Cal 532 or 643 ............... 90.00/Test
Sand Equivalent ........................................................................................Caltrans 217/D2419....... 75.00/Test
Soil pH .......................................................................................................D4972 ............................ 20.00/Test
Specific Gravity - Fine-Grained Soils .........................................................D854 .............................. 75.00/Test
Sulfate Content ................................................................................................................................ 50.00/Test
<continued on next page>
Schedule 2016 - 2018 Effective Through 12/31/18
SOIL TESTING (continued) TEST METHOD UNIT RATE
Triaxial Compression Test (CD) .................................................................D4767 (modified) ....... 575.00/Point
Triaxial Compression Test (CU with pore pressure) ..................................D4767 ......................... 425.00/Point
Triaxial Compression Test (UU).................................................................D2850 .......................... 125.00/Test
Triaxial Compression Test [Stage (Progressive) Test; CU] .........................D4767 ......................... 1,000.00/Set
Unconfined Compression Test (undisturbed sample) ..............................D2166 ............................ 90.00/Test
Unit Dry Weight and Moisture Content (undisturbed sample) ................D7263/D2216 ................ 22.00/Test
All test methods are ASTM unless otherwise noted.
Special sample preparation and laboratory testing not listed above will be charged at applicable personnel
rates.
All laboratory test rates are for standard turn-around time and normal reporting procedures. Rush orders
will be subject to a 25 percent premium. Manpower requirements or test protocol may preclude the
granting of a rush request.
Schedule 2016 - 2018 Effective Through 12/31/18
2016 FEE SCHEDULE
AGGREGATE TESTING TEST METHOD UNIT RATE
Clay Lumps and Friable Particles ..............................................................C142 ............................ $80.00/Test
Crushed Particles (Fractured Faces) ................................................................................................ 95.00/Test
Durability Index – Fine ..............................................................................D3744 .......................... 120.00/Test
Durability Index – Coarse ..........................................................................D3744 .......................... 140.00/Test
Flat and Elongated Particles .....................................................................CRD119, 120 ................ 105.00/Test
Injurious Organic Matter ..........................................................................C40 ................................ 60.00/Test
Insoluble Residue in Carbonate Aggregates .............................................D3042 .......................... 275.00/Test
Lightweight Pieces in Aggregate ...............................................................C123 .............................. 95.00/Test
Los Angeles Abrasion Test (500 revolutions) ............................................C131 ............................ 160.00/Test
Los Angeles Abrasion Test (1000 revolutions) ..........................................C535 ............................ 180.00/Test
Mechanical Analysis - Sand or Gravel (dry sieve) .....................................C136 .............................. 70.00/Test
Mechanical Analysis (wash 200 sieve) ......................................................C117 .............................. 65.00/Test
Mechanical Analysis (fine with wash 200 sieve) .......................................C136 ............................ 100.00/Test
Rapid Determination of Carbonate Content of Rock ................................4373............................. 120.00/Test
Sample Crushing ............................................................................................................................. 85.00/Hour
Sand Equivalent ........................................................................................D2419 ............................ 75.00/Test
Specific Gravity, Bulk, SSD with Absorption .............................................C128/C127 ................... 110.00 Each
Sulfate Soundness, per sieve size .............................................................C88 .............................. 135.00/Test
ROCK TESTING TEST METHOD UNIT RATE
Density ......................................................................................................D7263 .......................... $35.00/Test
Density, Porosity, Specific Gravity, Water Content ....................................................................... 110.00/Test
Indirect Tensile Strength (Brazilian), Single Break ....................................D3967 ............................ 55.00/Test
Indirect Tensile Strength (Brazilian), 10-15 Breaks ...................................D3967 .......................... 210.00/Test
Point Load Index, Single Break .................................................................D5731 ............................ 35.00/Test
Point Load Index, 10-15 Breaks ................................................................D5731 .......................... 180.00/Test
Rip-Rap (wet / dry, 10 cycles) ...................................................................D5318 ....................... 1,000.00/Test
Rip-Rap (freeze / thaw, 10 cycles) ............................................................D5312 .......................... 800.00/Test
Rip-Rap (specific gravity) ..........................................................................D6473 .......................... 110.00/Test
Rip-Rap Soundness (sodium) ....................................................................D5240 .......................... 400.00/Test
Rock Joint Direct Shear ................................................................................................................. 260.00/Point
Rock Joint Direct Shear, additional normal load ............................................................................. 95.00/Test
Slake Durability .........................................................................................D4644 .......................... 200.00/Test
Triaxial Compression, with Young’s modulus and Poisson’s ratio ................................................ 495.00/point
Uniaxial Strength (peak only; 2.5” maximum) ..........................................D7012 .......................... 130.00/Test
Uniaxial Strength (with stress-strain curve)................................................................................. call for quote
Uniaxial Strength (with stress-strain curve, add modulus and Poisson ratio) ............................. call for quote
Rock preparation, cutting, and grinding ......................................................................................... 85.00/Hour
All test methods are ASTM unless otherwise noted.
Special sample preparation and laboratory testing not listed above will be charged at applicable personnel
rates.
All laboratory test rates are for standard turn-around time and normal reporting procedures. Rush orders
will be subject to a 25 percent premium. Manpower requirements or test protocol may preclude the
granting of a rush request.
Schedule 2016 - 2018 Effective Through 12/31/18
2016 FEE SCHEDULE
GEOSYNTHETIC MATERIALS TEST METHOD UNIT RATE
Seam Coupon Series (thickness, peel, and shear)
Set of 5 each (Quantity 1-10) ....................................................................D6392 .......................... $75.00/Test
Set of 5 each (Quantity 10 or more) .........................................................D6392 ............................ 55.00/Test
Asperity Height .........................................................................................GRI GM12 ...................... 35.00/Test
Liner Puncture Testing up to 350 psi ............................................................................................. 260.00/Test
Liner Puncture Testing over 350 psi .............................................................................................. 410.00/Test
Large Scale Direct Shear (ASTM D5321 and D6321)
Geosynthetic vs Geosynthetic – Method A .................................................................................. 210.00/Point
Soil vs Geosynthetic Friction – Method B ..................................................................................... 260.00/Point
GCL Internal Shear ............................................................................................................... 310.00/Point
Shear Speed (<0.04) ............................................................................................................. 110.00/Point
(Shear rate dependent on soil drainage characteristics and engineering specifications)
Substrate Remolding Fee ........................................................................................................ 60.00/Test
Additional Saturation Time (>24 hours) .................................................................................. 60.00/Day
GCL Testing
Index Flux Testing .....................................................................................D5887 .......................... 270.00/Test
Fluid Loss ..................................................................................................D5891 ............................ 75.00/Test
Swell Index ................................................................................................D5890 ............................ 70.00/Test
Mass per Unit Area ...................................................................................D5993 ....................... 70.00/Sample
Custom Liner Testing ................................................................................................................... call for quote
All test methods are ASTM unless otherwise noted.
Special sample preparation and laboratory testing not listed above will be charged at applicable personnel
rates.
All laboratory test rates are for standard turn-around time and normal reporting procedures. Rush orders
will be subject to a 25 percent premium. Manpower requirements or test protocol may preclude the
granting of a rush request.
Straight OT 2 OT
Name Classification 1.0 1.5 2.0
Neal Bolton Principal Engineer Consultant $255 $255 $255
Jason Todaro Operations Consultant III $165 $185 $205
Kasem Cornelius Operations Consultant I $115 $135 $155
Brad Altman Engineering Consultant I $115 $135 $155
Subcontractor Surveyor $140 N/A N/A
Sam Marchant Technical Support II $100 $110 $120
Sarah Bolton Technical Support I $75 $85 $95
Hourly Labor Rate
Blue Ridge Services Fee Schedule
Argonaut Ecological Consulting, Inc.
FEE SCHEDULE –2016-2017
Rates will remain in effect through 2017
Services Fully Burdened
Base Rate/Hr
LABOR RATES
CEQA Specialist, Senior $145
Senior Field Biologist (Wetland biologist,
wildlife biologist)
$120
Field Biologist (Junior) $100
Senior Storm Water Compliance Specialist 1 $120
Qualified SWPPP Developer (QSD) $130
Qualified SWPPP Practitioner (QSP) $120
Mapping/GIS $90
Project Support $85
EQUIPMENT RATES
GPS field unit (Trimble GeoXT)
$50/day
$25/half day
Water quality sampling equipment (turbidity
and pH)
$50/day
$25/half day
Summary of Charges – Fresno County Projects 2016-2017
James W. Babcock, PhD, PG
SUMMARY OF STANDARD CHARGES
This Summary of Standard Charges describes the basis for compensation and terms of
payment. All rates presented apply to services rendered from April 1, 2016 to June 30, 2017 and
may be subject to adjustment annually.
Invoices for services provided by James W. Babcock, Consulting Geologist, consist of: (1) hourly rate
professional services fees; (2) material and equipment expenditures and usage; (3) subcontractor costs;
(4) travel, shipping, and communications charges; and (5) sales or gross receipt taxes, as applicable.
Hourly rate fees for professional services are indicated below:
Principal (J. W. Babcock) $200.00
Special discount rate for Fresno County while subcontracting to Geo-Logic – discount rate is
$180.00
ADDITIONAL TERMS
Invoicing and Payment: Progress invoices will be issued monthly and payment is due within thirty (30)
days of invoice date. Invoices for subcontractor charges are payable upon presentation. Non-standard,
client-requested invoice formats and supporting documentation will be invoiced at $50.00 per hour plus
expenses. A finance charge of 1.5% per month will be payable on past due account balances.
Other Direct Costs: All expenses incurred for a project, except in-house services , from outside vendors
will be invoiced at cost plus 10%. These items may include, but are not limited to: shipping charges,
printing, supplies, equipment, travel expenses, meals, lodging, rental vehicles, field supplies, field
equipment charges; premiums for insurance, bonds, and letters of credit required by the client in addition
to normal coverage; project-required permits and licenses; etc. will be invoiced at cost plus 10%.
Vehicles: Charges for company vehicle usage will be charged on a per mile basis. Company and
personal vehicles will be charged at the IRS allowable mileage reimbursement rate.
Communications Charge: A communications and expenses charge equal to 3.0% of professional fees
will be charged for In-house services and communications to cover the cost of computers, telephone,
and reproduction charges.
Subcontracts: Subcontractor (drillers, analytical labs, etc.) charges will be invoiced at cost plus 10%.
BC Labs Fee Schedule Analytical Lab EPA Test No. Design Unit Cost Construction Unit Cost CAM 17 Metals 6010B/7471A $ 75.00 $ 78.00 VOCs including gasoline range organics 8260B $ 45.00 $ 47.00 SVOCs including PAHs 8270C $ 115.00 $ 120.00 Cyanide SM‐4500 CN $ 20.00 $ 21.00 Sulfide 9034A $ 10.00 $ 10.00 Chlorophenoxy Herbicides 8151A $ 60.00 $ 62.00 Organochlorine Pesticides 8081A $ 65.00 $ 68.00 Organophosphorous 8141A $ 60.00 $ 62.00