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HomeMy WebLinkAboutAgreement A-17-146 with Stantec Consulting.pdf COUNTY OF FRESNO Fresno, California 01/30/17 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 CONSULTANT AGREEMENT THIS AGREEMENT for Engineering Consultant Services, hereinafter referred to as the “AGREEMENT,” is made and entered into this ___________ day of ___________, 2017, between the County of Fresno, a political subdivision of the State of California, hereinafter referred to as "the COUNTY", and Stantec Consulting Services, Inc., a New York Corporation, whose address is 3475 West Shaw Avenue, Suite 104, Fresno CA 93711, hereinafter referred to as "the CONSULTANT". WITNESSETH WHEREAS, the CONSULTANT has been selected to provide on-call engineering services required for regulatory landfill projects encompassing structural, geological, hydrogeological, geotechnical, surveying and other landfill engineering disciplines as necessary to assist the COUNTY in performing various tasks on an “as-needed” basis, as delineated more thoroughly in Article II of this AGREEMENT (hereinafter referred to as “PROJECT(S)”), as proposed by the COUNTY; 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 engineering services necessary for PROJECT(S); and, WHEREAS, said CONSULTANT represents that it is qualified and willing to perform the professional services required by the COUNTY for PROJECT(S); and, 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(S). B. The work to be performed under the AGREEMENT, on such PROJECT(S) as the CONTRACT ADMINISTRATOR may designate, is more thoroughly described in Article II of this AGREEMENT. C. The CONTRACT ADMINISTRATOR on behalf of the COUNTY shall be: Curtis Larkin, Senior Engineer COUNTY OF FRESNO Fresno, California 01/30/17 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 2220 Tulare Street, 6th Floor, Fresno CA 93721 559-600-4259 clarkin@co.fresno.ca.us 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 (hereinafter referred to as “the DIRECTOR”); and, D. The PROJECT MANAGER for the CONSULTANT shall be: Ralph Carson 3475 West Shaw Avenue, Suite 104, Fresno CA 93711 Telephone: 559-271-2650 | Fax: 559-271-5108 ralph.carson@stantec.com and shall remain so unless the CONSULTANT requests and DIRECTOR approves, in writing, a change of the CONSULTANT’S PROJECT MANAGER, which approval will not be unreasonably withheld. E. The CONSULTANT’S staff for their project team shall be as listed in Exhibit A, attached hereto and incorporated herein. Any substitutions of personnel shall be submitted in writing and approved in writing by the CONTRACT ADMINISTRATOR prior to the substitution of personnel, which approval shall not be unreasonably withheld. F. The CONSULTANT may retain geotechnical specialists, geologists, and other specialized subconsultants, as the CONSULTANT requires, to assist in completing PROJECT(S). All subconsultants used by the CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before they are retained by the CONSULTANT for PROJECT(S); for which approval shall not be unreasonably withheld. Subconsultants listed in Exhibit B, attached hereto and incorporated herein, shall be considered as approved by the CONTRACT ADMINISTRATOR. Should the CONSULTANT retain such subconsultants in connection with PROJECT(S), compensation to be paid to the CONSULTANT under Article V below shall not be increased, and any additional compensation to be paid to the CONSULTANT for such subconsultant work shall be limited to a maximum of ten percent (10%) of the total costs incurred by the CONSULTANT as a COUNTY OF FRESNO Fresno, California 01/30/17 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 result of the subconsultant’s involvement in any PROJECT. Additional fees other than the 10% markup on subconsultant charges shall not be reimbursed. G. The CONSULTANT’S services shall be performed as expeditiously as is consistent with professional skill and the orderly progress of the work, based on schedules for each specific PROJECT mutually agreed upon in advance by the CONTRACT ADMINISTRATOR and the CONSULTANT. H. The CONSULTANT and affiliated subconsultants shall not submit bids, or subbids, for the contract construction phase of PROJECT(S) for which the CONSULTANT provides services hereunder. The CONSULTANT and its subconsultants, and all other service providers, shall not provide any project-related services for, or receive any project-related compensation from any construction contractor, subcontractor or service provider awarded a construction contract for all or any portion of PROJECT(S) for which the CONSULTANT provides services hereunder. The CONSULTANT and its subconsultants, and all other service providers, may provide services for, and receive compensation from a construction contractor, subcontractor or service provider who has been awarded a construction contract for all or any portion of PROJECT(S), provided that any such services which are rendered, and any compensation which is received therefor relates to work outside the scope of this AGREEMENT. I. It is understood that the CONSULTANT shall not assign, sublet, subcontract, or transfer the CONSULTANT’S rights or obligations in this AGREEMENT without the prior express, written consent of the COUNTY. Such consent and approval may only be given by the COUNTY Board of Supervisors, except as otherwise provided under this AGREEMENT. J. Any changes to this AGREEMENT, requested either by the COUNTY or the CONSULTANT, may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This AGREEMENT shall not be modified or amended, nor shall any rights of a party hereto be waived, except by such a writing. K. 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. COUNTY OF FRESNO Fresno, California 01/30/17 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 II. CONSULTANT SERVICES A. The CONSULTANT shall communicate with the CONTRACT ADMINISTRATOR to verify, and refine the scope of each assigned PROJECT, which will be mutually agreed to by CONSULTANT and CONTRACT ADMINISTRATOR, and the CONSULTANT thereafter shall provide a detailed fee estimate and estimated time schedule for completion of each PROJECT. The CONSULTANT agrees that each professional or other individual performing work on any such PROJECT(S) shall be adequately trained to perform the work and shall possess the proper license, certification or registration as required by law or by accepted standards of the applicable profession. The CONSULTANT agrees to provide the professional services, when expressly authorized in writing by CONTRACT ADMINISTRATOR, that are necessary to complete tasks. PROJECT specific tasks and conditions will be more thoroughly delineated in any request issued pursuant to this contract. The services which the CONSULTANT may be requested to provide include, but may not be limited to: 1. Structural, geological, hydrogeological, geotechnical, surveying and support services pertaining to landfills. 2. The preparation of Plans, Technical Specifications, and Construction Estimates pertaining to the design of: a. Landfill modules and covers; b. Landfill gas collection and control systems; and c. Groundwater remediation systems. 3. Evaluation of monitoring programs. 4. Design and implementation of monitoring programs. 5. Engineering feasibility studies. 6. Corrective action program design and implementation. 7. Remediation system(s) efficacy studies. 8. Landfill tipping fee studies and implementation. 9. Review, revision and preparation of landfill specific regulatory documents including: a. Joint Technical Documents; COUNTY OF FRESNO Fresno, California 01/30/17 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 b. Closure, Post-closure and Corrective Action Plans and cost estimates; c. Solid Waste Facility Permits; d. Authority to Construct; e. Permits to Operate; and f. Various technical reports. B. In the preparation of any work product required to complete PROJECT(S) the CONSULTANT shall: 1. Ascertain the requirements for technical reports through meetings with the CONTRACT ADMINISTRATOR and a review of existing information on PROJECT(S). 2. Prepare and submit technical reports to the CONTRACT ADMINISTRATOR for preliminary approval for each assigned PROJECT, in accordance with the appropriate format required by local, state and federal laws, regulations and guidelines. 3. Submit each technical report to the CONTRACT ADMINISTRATOR for transmittal to other appropriate agencies for their review and approval. 4. Revise and resubmit each technical report as necessary until approved by all appropriate agencies. 5. Prepare technical studies, estimates, and other documents in both hard copy and electronic formats approved by the CONTRACT ADMINISTRATOR. 6. When not otherwise specified by the CONTRACT ADMINISTRATOR, provide submittals as delineated herein: a. Including five (5) compact discs (CD) or digital video discs (DVDs) upon which copies of all electronic files associated with the submittal are copied. COUNTY acknowledges that CONSULTANT shall not be responsible for changes made without CONSULTANT’s approval. Each electronic file shall be in a format appropriate to the file or data set, utilizing one or any group of those listed programs: i. Files consisting primarily of text shall be submitted in Microsoft Word, version 2010 or later; ii. Files consisting primarily of data sets and/or formulas shall be submitted in COUNTY OF FRESNO Fresno, California 01/30/17 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 Microsoft Excel, version 2010 or later; iii. Drawings and plans shall be submitted in Autocad Civil 3D, version 2016. b. Including ten (10) hard copies of each report, estimate, and/or all other documents and submittals prepared, printed in color to the extent color is used therein. c. Including ten (10) hard copies of each plan drawing, not including wet-stamped final documents, as provided in Section C. 7. Verify approved, compatible format and quantity of submittals prior to delivery. C. In the preparation of Design Plans, Technical Specifications and Construction Estimates for PROJECTS, the CONSULTANT shall: 1. Ascertain the requirements for PROJECT(S) through meetings with the CONTRACT ADMINISTRATOR and a review of an existing schematic layout of PROJECT(S). 2. Ascertain any requirements, unforeseen criteria, or issues for PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR, communicate these requirements, criteria, or issues to the CONTRACT ADMINISTRATOR, and include in the scope, as agreed by the CONTRACT ADMINISTRATOR. 3. Provide surveying, as necessary to ascertain all information required to prepare any document specified herein for PROJECT(S), unless otherwise directed by CONTRACT ADMINISTRATOR. 4. Design PROJECT(S) to conform to the mutually agreed scope and any requirements of other reviewing agencies having jurisdiction over PROJECT(S). 5. Design PROJECT(S) to include mitigation measures included in the environmental document. 6. Monitor and keep the CONTRACT ADMINISTRATOR informed regarding the impact of design issues on PROJECT budget. Upon the written request of CONTRACT ADMINISTRATOR, the CONSULTANT shall incorporate into the design, such reasonable design and operational changes as the CONTRACT ADMINISTRATOR deems appropriate as a result of the COUNTY’S review processes and impact on each PROJECT budget or estimate. 7. Assist in determining all permits that may be required for PROJECT and prepare all COUNTY OF FRESNO Fresno, California 01/30/17 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 necessary permits for the COUNTY submittal to outside agencies. 8. Work with the CONTRACT ADMINISTRATOR to ensure that the plans, specifications, and estimate meet all COUNTY requirements to be advertised for construction bids. 9. Prepare detailed engineers estimates, bid items, and unit prices quantified/qualified, which shall identify the construction components and requirements of PROJECT(S). 10. If required by CONTRACT ADMINISTRATOR, submit to the COUNTY in the appropriate agency forms, PROJECT background information and recommended testing and inspection lists for materials to be used for each PROJECT; identifying type, quantity, frequency, and schedule of said testing and inspection. 11. Prepare technical specifications setting forth in detail the work to be done, and the materials, workmanship, and equipment required for the construction of PROJECT(S), as necessary to provide the COUNTY complete and functional PROJECT(S) for its intended purpose within the requirements of this AGREEMENT. 12. Submit to the CONTRACT ADMINISTRATOR the projected and final construction estimate. Verify through written justification the reasonableness of the estimated construction period for construction contract bidding purposes as provided by the CONTRACT ADMINISTRATOR and identify long delivery times of materials and equipment which will impact the duration of the construction contract. 13. Respond to CONTRACT ADMINISTRATOR regarding Requests for Clarification during the bidding process and submit to the CONTRACT ADMINISTRATOR for review and approval of any addenda deemed necessary. Addenda, if any, shall be submitted no later than seven (7) working days prior to the scheduled bid opening, except as otherwise directed by the CONTRACT ADMINISTRATOR. 14. Assist the CONTRACT ADMINISTRATOR in evaluating the bids received. 15. Delete or otherwise change portions of the project design at the direction of the CONTRACT ADMINISTRATOR if the lowest bid proposal for the construction contract exceeds the COUNTY approved engineer’s estimate by 10% or more, and if the COUNTY rejects all bids. In such event, the CONSULTANT shall revise the plans and specifications to comply with such COUNTY OF FRESNO Fresno, California 01/30/17 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 modifications and also shall assist the COUNTY in obtaining new bid proposals from contractors, all at no additional cost to the COUNTY. Such modifications performed by the CONSULTANT shall be completed on a time schedule commensurate with the scope of the changes and as set forth by the CONTRACT ADMINISTRATOR. 16. Submit to the COUNTY ten (10) copies of the 30%, 60% and 90% plans (22” X 34” format), specifications and estimates for review. Submit progress prints and final originals of the plans, specifications, and estimates. Prior to submission of plans, the CONSULTANT shall request from the COUNTY examples of acceptable drafting format and reproducible standards. Verification of compatible format will be required prior to final file delivery. The CONTRACT ADMINISTRATOR, at its discretion, may reject a submittal that is determined insufficient. Submittals shall, at a minimum, consist of the following: a. 30% plans, specifications and estimates shall include copies of utility locations, centerline stationing, proposed and existing right-of-way, typical sections and structural sections. b. 60% plans, specifications and estimates shall include 30% plan information and in addition, preliminary cross sections and earthwork calculations at 25’ or 50’ intervals, adequate information to allow construction survey staking, permits, preliminary profile grade, an updated engineer’s estimate, and shall address comments and include necessary revisions as identified by the COUNTY in the 30% review. c. 90% plans, specifications and estimates shall include 60% plan information and in addition, updated cross sections and earthwork, profile grade, technical specifications, typical sections and PROJECT details, and shall address comments and include necessary revisions as identified by the COUNTY in the 60% review. d. Final original plans, specifications and estimates to be delivered to the COUNTY shall include: i. One (1) original reproducible plan set on 22” by 34” sheets of 4 mil thick double matte film. ii. One (1) reproducible copy of cross sections on 22” by 34” sheets of 4 mil thick double matte film. COUNTY OF FRESNO Fresno, California 01/30/17 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 iii. One (1) CD or DVD with final plans, cross sections and slope stake information, design calculations, quantity calculations, and other design information as applicable to the PROJECT. iv. One (1) stamped and wet signed paper copy and one (1) CD or DVD with final specifications and estimates. 17. Plan sheets, cross sections, earthwork calculations and slope stake information shall be in Autocad Civil 3D, version 2016. Slope stake information shall include 50-foot intervals for tangent sections and 25-foot intervals for curved sections. Specifications shall be in Microsoft Word, version 2010 or later and on 8 ½” by 11” pages. Final engineer’s estimates shall be in Microsoft Excel, version 2010 or later and on 8 ½” by 11” pages. Estimates shall specify specialty and/or final pay items as described in the 2006 Caltrans State Standard Specifications. Verification of compatible format will be required prior to final file delivery. 18. The COUNTY will package the CONSULTANT’S documents with those other documents that together will comprise the COUNTY’S construction contract and bid specifications. 19. Deliver to the CONTRACT ADMINISTRATOR three (3) weeks prior to the advertising date (which will be determined by CONTRACT ADMINISTRATOR) the final drawings and specifications for the COUNTY’S printing and distribution of bid sets to interested construction contractors. The original drawings and specifications index sheet shall be sealed with the CONSULTANT’S and subconsultant’s professional licensure stamp clearly indicating license numbers and license renewal dates and shall be signed in accordance with the California Business and Professions Code. D. During the performance of Construction Observation Services, the CONSULTANT shall: 1. Participate in the preconstruction conference. 2. When requested by CONTRACT ADMINISTRATOR, attend meetings with the COUNTY, federal, state and/or local representatives to discuss and review the technical report. The CONSULTANT shall prepare brief minutes of all meetings attended and shall submit those minutes to the CONTRACT ADMINISTRATOR within seven (7) calendar days. 3. Make recommendations to the COUNTY on all claims of the COUNTY or the COUNTY OF FRESNO Fresno, California 01/30/17 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 construction contractor and all other matters relating to the execution and progress of the work, including interpretation of the CONSULTANT'S contract documents. 4. Within seven (7) working days of the CONTRACT ADMINISTRATOR’S request, review and make recommendations for samples, schedules, shop drawings, and other submissions for general conformance with the design concept of PROJECT(S) and for general compliance with the plans and specifications and information given by the CONSULTANT'S contract documents. 5. Within two (2) working days, respond to requests from the CONTRACT ADMINISTRATOR for information needed from the CONSULTANT in order to clarify construction plans and specifications and to review the construction contractor’s cost estimates for all change orders. 6. Recommend and assist in the preparation of such change orders as deemed necessary with supporting documentation, calculations and estimate, for review and issuance of change orders by the COUNTY Construction Engineer to obtain appropriate agency acceptance and approval. 7. Assist the COUNTY, at the DIRECTOR’s express, written authorization, with any claim resolution process involving the construction contractor and the COUNTY as specified hereunder, including serving as a witness in connection with any public hearings or legal proceeding, and also including dispute resolutions required by law or hereunder. The parties recognize that this clause is provided as a means of expediting resolution of claims among the construction contractor, the COUNTY, and the CONSULTANT. However, it is understood the construction contractor is not an intended third party beneficiary of this clause. Compensation for these services shall be computed and invoiced at hourly rates listed in Exhibit C hereto. The CONSULTANT shall identify rates for expert witness services, subject to review and approval or disapproval by the CONTRACT ADMINISTRATOR, in Exhibit C. Any proposed fee schedule (i.e.: Exhibit C) which fails to identify rates for expert witness services by CONSULTANT will be rejected by CONTRACT ADMINISTRATOR. Assistance by CONSULTANT as described in this Article shall be subject to the following provisions: a. The DIRECTOR may believe the CONSULTANT'S work under this COUNTY OF FRESNO Fresno, California 01/30/17 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 AGREEMENT may have included negligent errors or omissions; or that the CONSULTANT may otherwise have failed to comply with the provisions of this AGREEMENT or with the provisions associated with a particular PROJECT; or that claims may have resulted from or have been exacerbated by negligent acts or omissions of CONSULTANT. Upon notice by the DIRECTOR, the CONSULTANT'S payments for such services shall be held in suspense by the COUNTY until a final determination has been made of the proportion that the CONSULTANT'S fault bears to the fault of all other parties concerned. b. Such amounts held in suspense shall not be paid to the CONSULTANT, pending the final determination as to the CONSULTANT'S proportional fault. However, the appropriate percentage of such amount held in suspense shall be paid to the CONSULTANT, once a final determination has been made, and the CONSULTANT thereafter submits a proper invoice to the COUNTY. Payment shall be issued in accordance with the procedure outlined in Article V, Section B, Paragraph 2. 8. At intervals appropriate to the stage of construction and consistent with the mutually agreed scope, or as otherwise deemed necessary by the CONTRACT ADMINISTRATOR, visit the site of PROJECT(S) as necessary to become familiar generally with the progress and quality of the work and to determine whether the work is proceeding in general accordance with the contract documents. The CONSULTANT shall not be required to make exhaustive or continuous onsite inspections but shall keep the COUNTY Construction Engineer or his/her designee fully advised and informed of all critical path issues of which the CONSULTANT becomes aware during the course of construction. The CONSULTANT shall not be responsible for the construction contractor’s failure to carry out the construction work in accordance with the contract documents. However, the CONSULTANT shall immediately advise the CONTRACT ADMINISTRATOR of any known or observed deviation from the contract documents. 9. Not have control over or charge of, and shall not be responsible for construction means, methods, techniques, sequence, or procedure, or for the safety precautions, programs, or equipment in use in connection with the work, since these are solely the construction contractor’s responsibility under the contract for construction. COUNTY OF FRESNO Fresno, California 01/30/17 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 10. Keep the COUNTY informed, based on the CONSULTANT'S visits to PROJECT(S), through written reports as to the progress of the work. 11. Advise the COUNTY of defects and deficiencies observed in the work of the construction contractor, and may recommend that the DIRECTOR reject work as failing to conform to the contract documents. 12. Consistent with the mutually agreed scope, conduct site visits and field observations to facilitate recommendations by the CONSULTANT regarding: a. dates of substantial completion. b. dates of final completion. c. the DIRECTOR’s acceptance of the work. d. filing of the Notice of Completion and Issuance of Final Certificate for payment. e. other issues which may require site visits, as requested by the CONTRACT ADMINISTRATOR. E. Control of Construction Project Site 1. The COUNTY’S construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction projects; including safety of all persons and property. This requirement shall be made to apply continuously during projects and shall not be limited to normal working hours. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, project means, methods, techniques, sequences or procedures, as these are solely the responsibility of the construction contractor. The CONSULTANT shall not have the authority to stop or reject the work of the construction contractor. III. OBLIGATIONS OF THE COUNTY The COUNTY will: A. Compensate the CONSULTANT as provided in this AGREEMENT. B. Furnish available reports, plans, and specifications related to PROJECT(S), and provide readily available documents requested by CONSULTANT necessary to perform tasks associated with completion of PROJECT(S). C. Examine documents submitted and render timely decisions pertaining thereto. COUNTY OF FRESNO Fresno, California 01/30/17 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 D. Facilitate coordination between the construction contractor and the CONSULTANT, including scheduling of the preconstruction conference and testing conforming to ASTM International Standards on soil materials to be performed by the CONSULTANT. E. Participate in meetings with the CONSULTANT as required. F. Provide administration of the construction contract. G. Identify the COUNTY’S Construction Engineer, whom the CONSULTANT shall keep fully advised and informed of all critical path issues of which the CONSULTANT becomes aware during the course of PROJECT construction. IV. TERM, PERFORMANCE PERIOD AND TERMINATION A. The term of this AGREEMENT shall be for a period of three (3) years, commencing upon execution by the COUNTY through and including the third anniversary of execution. This AGREEMENT may be extended for two (2) additional twelve (12) month periods upon written approval of the COUNTY and the CONSULTANT, no later than thirty (30) days prior to the first day of the next twelve (12) month extension period. The DIRECTOR or his or her designee is authorized to execute such written approval on behalf of the COUNTY, based on CONSULTANT’S satisfactory performance. B. The terms of this 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 this AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) calendar days advance written notice. C. The CONSULTANT shall complete all services required under this AGREEMENT prior to the expiration thereof, unless extended or earlier terminated, as provided herein. D. The CONSULTANT shall not perform any work under this AGREEMENT without written authorization to proceed. The CONSULTANT shall commence work promptly after receipt of such authorization, as issued by the CONTRACT ADMINISTRATOR. E. The CONSULTANT shall provide services as required in accordance with the schedule established upon authorization of each PROJECT, and in a timely manner to avoid unnecessary delay to the PROJECT’S construction. COUNTY OF FRESNO Fresno, California 01/30/17 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 F. 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 of Supervisors. G. This AGREEMENT may be terminated without cause at any time by the COUNTY upon thirty (30) calendar days written notice. If the COUNTY terminates this AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily completed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to in Article V, together with such additional services satisfactorily performed after termination which are expressly authorized by the COUNTY to conclude the work performed to date of termination. H. If the CONSULTANT purports to terminate AGREEMENT, or otherwise refuses to perform pursuant to 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 Request For Proposal (RFP), engaging a new consultant, and the new consultant’s cost in becoming familiar with the previous CONSULTANT’S work. The COUNTY’S entitlement to such reimbursement shall in no way be construed as a limitation on other damages that may be recoverable by the COUNTY as a result of the CONSULTANT’S termination, in breach of its obligations hereunder. I. The COUNTY may immediately suspend or terminate this 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 material term of this AGREEMENT; 3. A substantially incorrect or incomplete report submitted to the COUNTY; 4. Service not performed consistent with the generally accepted standard of care. J. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this AGREEMENT or any default which may then exist on the part of the CONSULTANT, nor shall such payment in any way impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the COUNTY OF FRESNO Fresno, California 01/30/17 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 CONSULTANT the repayment to the COUNTY of any funds disbursed to the CONSULTANT under this AGREEMENT, which, in the judgment of the COUNTY and as determined in accordance with the procedures of Article VIII, " ERRORS OR OMISSIONS CLAIMS AND DISPUTES ", were not expended in accordance with the terms of this AGREEMENT. The CONSULTANT shall promptly refund any such funds upon demand. V. ALLOWABLE COSTS AND PAYMENTS A. Fees: 1. Notwithstanding any other provisions in AGREEMENT, the Total Fee for the services required under AGREEMENT, shall not exceed the total sum of Five Hundred Thousand and No/100 Dollars ($500,000.00) over the entire term of AGREEMENT. Total fees paid will be dependent upon the actual services authorized and performed under this AGREEMENT. Compensation for the services rendered shall be computed at the hourly and cost rates shown in Exhibit C, attached hereto and incorporated herein, subject to any adjustments that may be approved in accordance with Article V, Section A, Paragraph 3. 2. The hourly and cost rates listed herein for services rendered by the CONSULTANT and subconsultants shall remain in effect for the entire duration of AGREEMENT unless adjusted in accordance with the provisions of Article V, Section A, Paragraphs 3, 5, or 6. 3. The hourly rates paid for services performed by the CONSULTANT and by subconsultants of the CONSULTANT and the rates for expenses incidental to the CONSULTANT'S and subconsultant's performance of services may be adjusted no more than once annually for inflation, in accordance with the following provisions: a. The CONSULTANT may request new labor rates and new rates for expenses incidental to the CONSULTANT'S and subconsultants’ performance of services subject to written approval of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Section. b. The CONSULTANT shall initiate the rate adjustment process by submitting to the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The proposed adjusted fee schedule shall include proposed hourly rates for all categories of the CONSULTANT’S and subconsultants’ wage classifications and proposed rates for incidental expenses listed in Exhibit C. COUNTY OF FRESNO Fresno, California 01/30/17 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 c. The proposed adjusted fee schedule shall not take effect unless approved in writing by CONTRACT ADMINISTRATOR. The CONSULTANT acknowledges its understanding that approval by the CONTRACT ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide a basis for any increase in the total fee of as set forth in Article V, Section A, Paragraph 1. 4. Expenses incidental to the CONSULTANT'S and subconsultant's performance of services under Article II of AGREEMENT shall be charged at the rates listed in Exhibit C, subject to any adjustments that may be approved in accordance with Article V, Section A, Paragraphs 3, 5, or 6. Unless incorporated in an adjusted fee schedule approved by the CONTRACT ADMINISTRATOR, all other expenses incidental to the CONSULTANT'S and subconsultant's performance of the services under Article II of AGREEMENT that are not listed in Exhibit C shall be borne by the CONSULTANT. 5. In the event that the CONTRACT ADMINISTRATOR approves the CONSULTANT to retain additional subconsultants not listed in Exhibit B, in accordance with Article I, Section B, hourly rates paid for services performed by such additional subconsultants of the CONSULTANT and the rates for expenses incidental to subconsultants performance of services may be adjusted no more than once annually for inflation, in accordance with Article V, Section A, Paragraph 3. The first annual adjustment of hourly and incidental expense rates for such additional subconsultants shall not be approved prior to one year after CONTRACT ADMINISTRATOR'S approval of the retention of such additional subconsultant(s) by the CONSULTANT. 6. Notwithstanding any other provisions in AGREEMENT, the CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the CONSULTANT’S or subconsultant's charge rates for incidental expenses to include additional categories of such expenses if, in the opinion of CONTRACT ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S performance of PROJECT(S). B. Payments: 1. Progress payments will be made by the COUNTY upon receipt of the CONSULTANT'S monthly invoices and approval by the COUNTY thereof based on CONTRACT COUNTY OF FRESNO Fresno, California 01/30/17 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 ADMINISTRATOR'S evaluation of the completion of the respective components of the assigned PROJECT. Invoices shall clearly identify the PROJECT, Phase, and Task of the work, and shall be submitted with the documentation identified in Article V, Section B, Paragraph 5. Invoices shall be forwarded electronically to: landfill-oncall@co.fresno.ca.us. 2. Upon receipt of an invoice containing all requisite information, 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. 3. The COUNTY may withhold a five percent (5%) retention from earned compensation of the CONSULTANT, at the discretion of the CONTRACT ADMINISTRATOR. If the CONTRACT ADMINISTRATOR determines that retention will be withheld for a PROJECT, the CONTRACT ADMINISTRATOR will so state in writing prior to commencement of PROJECT by CONSULTANT and will identify PROJECT-specific prerequisites, such as successful completion of a PROJECT phase, for example, for the release of retentions. Such retention shall be in addition to any amounts withheld under Article II. 4. An unresolved dispute over a possible error or omission may cause payment of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY. 5. Concurrently with the invoices, the CONSULTANT shall certify (through copies of issued checks, receipts, or other COUNTY pre-approved documentation) that complete payment, less a five percent (5%) retention, if required for PROJECT as specified in Paragraph 3, has been made to all subconsultants as provided herein for all previous invoices paid by the COUNTY. However, the parties do not intend that the foregoing create in any subconsultants or sub-contractor a third party beneficiary status or any third party beneficiary rights, and expressly disclaim any such status or rights. 6. Final invoices, and separate invoices for retentions if applicable, shall be submitted COUNTY OF FRESNO Fresno, California 01/30/17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 to the COUNTY no later than thirty (30) days after the phase is completed. Payment for retentions will be made in accordance with the specific provisions therefor established for the PROJECT by the CONTRACT ADMINISTRATOR, in accordance with the provisions of Paragraph 3. 7. In the event the CONTRACT ADMINISTRATOR reduces the scope of the CONSULTANT'S work under AGREEMENT for a specific PROJECT (or discontinues a specific PROJECT), whether due to a deficiency in the appropriation of anticipated funding or otherwise, the CONSULTANT will be compensated on a pro rata basis for actual work completed in accordance with the terms of AGREEMENT. VI. COMPENSATION RECORDS: The CONSULTANT shall keep complete records showing the hours and description of activities performed by each person who works on PROJECT(S) and all associated costs or charges applicable to work covered by the Total Fee. The CONSULTANT will be responsible for all subconsultants keeping similar records. At the request of the CONTRACT ADMINISTRATOR, such records shall be made available to the COUNTY, or shall be summarized on invoices submitted in accordance with Article V, Section B, Paragraph 1. VII. AUDITS, ACCOUNTING AND INSPECTIONS ACCESS A. The CONSULTANT shall, at any time during regular business hours and as often as the COUNTY may deem necessary, make available for examination by State authorities or the COUNTY Auditor-Controller/Treasurer-Tax Collector, or their authorized representatives, all of the CONSULTANT’S records and data with respect to matters covered by this AGREEMENT. The CONSULTANT shall permit the COUNTY’S authorities to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to matters covered by this AGREEMENT. B. The CONSULTANT shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under AGREEMENT (Government Code Section 8546.7). COUNTY OF FRESNO Fresno, California 01/30/17 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 VIII. ERRORS OR OMISSIONS CLAIMS AND DISPUTES A. Definitions: 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of professional services, acting as a business entity (owner, partnership, corporation, joint venture or other business association) in accordance with the terms of this AGREEMENT. 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of contract terms, payment of money, extension of time, change orders, or other relief with respect to the terms of the contract. The term "Claim" also includes other disputes and matters in question between the COUNTY and the CONSULTANT arising out of or relating to the contract. Claims must be made by written notice. The provisions of Government Code section 901, et seq., shall apply to every claim made to the COUNTY. The responsibility to substantiate claims shall rest with the party making the claim. The term "Claim" also includes any allegation of a negligent act, error or omission by the CONSULTANT in the performance of PROJECT(S) under AGREEMENT. B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the following procedures are established in the event of any claim or dispute alleging a negligent act, error or omission, of the CONSULTANT. 1. Claims, disputes or other matters in question between the parties, arising out of or relating to this AGREEMENT, shall not be subject to arbitration, but shall be subject to the following procedures. 2. The COUNTY and the CONSULTANT shall meet and confer and attempt to reach agreement on any dispute, including what damages have occurred, the measure of damages and what proportion of damages, if any, shall be paid by either party. The parties agree to consult and consider the use of mediation or other form of dispute resolution prior to resorting to litigation. 3. If the COUNTY and the CONSULTANT cannot reach agreement under Paragraph 2, the disputed issues may, upon concurrence by all parties, be submitted to a panel of three (3) members for a recommended resolution. The CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the third member shall be selected by the other two panel COUNTY OF FRESNO Fresno, California 01/30/17 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 members. The discovery rights provided by California Code of Civil Procedure for civil proceedings shall be available and enforceable to resolve the disputed issues. Either party requesting this dispute resolution process shall, when invoking the rights to this panel, give to the other party a notice describing the claims, disputes and other matters in question. Prior to twenty (20) working days before the initial meeting of the panel, both parties shall submit all documents such party intends to rely upon to resolve such dispute. If it is determined by the panel that any party has relied on such documentation, but has failed to previously submit such documentation on a timely basis to the other party, the other party shall be entitled to a 20-working-day continuance of such initial meeting of the panel. The decision by the panel is not a condition precedent to arbitration, mediation or litigation. 4. Upon receipt of the panel's recommended resolution of the disputed issue(s), the COUNTY and the CONSULTANT shall again meet and confer and attempt to reach agreement. If the parties still are unable to reach agreement, each party shall have recourse to all appropriate legal and equitable remedies. C. The procedures to be followed in the resolution of claims and disputes may be modified any time by mutual agreement of the parties hereto. D. The CONSULTANT shall continue to perform its obligations under this AGREEMENT pending resolution of any dispute, and the COUNTY shall continue to make payments of all undisputed amounts due under this AGREEMENT. E. When a claim by either party has been made alleging the CONSULTANT’S negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and confer within twenty- one (21) working days after the written notice of the claim has been provided. F. The CONSULTANT, the CONSULTANT’S subconsultants of any tier, subcontractors of any tier, suppliers and construction lenders shall all be bound by the dispute resolution provisions of this AGREEMENT, and immediately upon demand of the COUNTY or the CONSULTANT, shall participate in and shall become parties to the dispute resolution process, provided they have signed any document that incorporates or refers to the dispute resolution provisions of this AGREEMENT. Failure, whether intended or inadvertent, of the CONSULTANT to ensure that such nonparties have COUNTY OF FRESNO Fresno, California 01/30/17 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 signed such a document shall ensure only to the CONSULTANT’S detriment, if any there be. The COUNTY shall not suffer a detriment by the CONSULTANT’S action or inaction in this regard. If such a party after due notice fails to appear at and participate in the dispute resolution proceedings, the panel established in accordance with the provisions of Section B, Paragraph 3 of this Article VIII, shall make a decision based on evidence introduced by the party or parties who do participate. IX. CONSULTANT’S OBLIGATIONS RELATING TO CONSTRUCTION CLAIMS A. To the extent that review of any construction claim is encompassed by the CONSULTANT’S scope of work as determined by the COUNTY, the CONSULTANT will review and analyze construction contract claims and recommend resolution of them as soon as possible following receipt of demand by the COUNTY. CONSULTANT shall be compensated in accordance with Article V. B. Within a reasonable time after receipt of a claim, the CONSULTANT shall provide a written analysis of the claim to the COUNTY, signed by the CONSULTANT and any affected subconsultants. The written analysis shall include the CONSULTANT’S professional opinion of the responsibility for payment of the claim, with supporting facts and documentation. A copy of the written analysis shall be provided to the respective insurance adjusters for the CONSULTANT and any affected subconsultant. C. Upon receipt of a claim, the CONSULTANT may also take one (1) or more of the following actions, within ten (10) days of receipt of a claim: 1. Request additional supporting data from the claimant, requiring that such data be supplied within ten (10) days of the request. 2. Submit a schedule to the parties indicating when the CONSULTANT expects to respond to the claim, which schedule shall not exceed thirty (30) days from the CONSULTANT’S original receipt of the claim. 3. Recommend rejection of the claim in whole or in part, stating the reasons for such rejection. 4. Recommend approval of the claim by the other party. 5. Suggest a compromise. COUNTY OF FRESNO Fresno, California 01/30/17 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 D. In every case, the CONSULTANT shall provide its recommended resolution of a claim shall not exceed thirty (30) days from the original receipt of claim, unless the CONSULTANT obtains the COUNTY’S prior written approval. X. INDEPENDENT CONTRACTOR A. In performance of the work, duties, and obligations assumed by the CONSULTANT under this AGREEMENT, it is mutually understood and agreed that the CONSULTANT, including any and all of the CONSULTANT’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, the COUNTY shall have no right to control or supervise or direct the manner or method by which the CONSULTANT shall perform its work and function. However, the COUNTY shall retain the right to administer this AGREEMENT so as to verify that the CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. The CONSULTANT and the 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. B. Because of its status as an independent contractor, the CONSULTANT shall have absolutely no right to employment rights and benefits available to the COUNTY employees. The CONSULTANT shall be solely liable and responsible for providing to, or on behalf of its employees all legally required employee benefits. In addition, the CONSULTANT shall be solely responsible and save the COUNTY harmless from all matters relating to payment of the CONSULTANT’S employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this AGREEMENT the CONSULTANT may be providing services to others unrelated to the COUNTY or to this AGREEMENT. XI. LEGAL AUTHORITY A. This AGREEMENT shall be binding upon the COUNTY, the CONSULTANT, and their respective successors in interest, legal representatives, executors, administrators, and assigns with respect to all covenants as set forth herein. COUNTY OF FRESNO Fresno, California 01/30/17 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 B. The CONSULTANT shall comply with all applicable federal, state, and local laws, ordinances, regulations, and Fresno County Charter Provisions in effect at the time of the CONSULTANT’S performance of the professional services to be provided hereunder. C. Any controversy or claim arising out of or relating to this AGREEMENT which cannot be amicably settled without court action shall be litigated either in a state court for Fresno County, California, or in the U.S. District Court for the Eastern District of California, located in Fresno County. D. The rights and obligations of the parties and all interpretations and performance of this AGREEMENT shall be governed in all respects by the laws of the State of California. E. In the event that the CONSULTANT is operating as a Corporation, each individual executing this AGREEMENT on behalf of the CONSULTANT hereby covenants, warrants, and represents: 1. That he or she is duly authorized to execute and deliver this AGREEMENT on behalf of such corporation in accordance with a duly adopted resolution of the corporation's board of directors and in accordance with such corporation's articles of incorporation or charter and bylaws. 2. That this AGREEMENT is binding upon such corporation. 3. That the CONSULTANT is a duly organized and legally existing corporation in good standing in the State of California. F. The CONSULTANT shall comply with the provisions of the County of Fresno Department of Public Works and Planning Conflict of Interest Code, attached hereto as Exhibit D and incorporated herein. Such compliance shall include the filing of annual statements pursuant to the regulations of the State Fair Political Practices Commission. XII. HOLD HARMLESS CONSULTANT shall indemnify, save, hold harmless, and at the COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to the COUNTY in connection with the performance, or failure to perform, by the CONSULTANT, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or COUNTY OF FRESNO Fresno, California 01/30/17 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 resulting to any person, firm, or corporation who may be injured or damaged by the negligent performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this Agreement. XIII. 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 prior to commencement of any work for the COUNTY and throughout the entire term of this AGREEMENT (with the exception of Professional Liability Insurance, which CONTRACTOR shall maintain in full force and effect for the additional period of time required by Paragraph 4). 1. Commercial General Liability Insurance with limits of One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. The COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion- Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this AGREEMENT. 2. Automobile Liability Insurance with limits for bodily injury of Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of 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 this 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 One Million Dollars ($1,000,000.00) per claim, Three Million Dollars ($3,000,000.00) annual aggregate. b. The Professional Liability Insurance shall be kept in full force and effect for a period of three (3) years from the date of substantial completion of the CONSULTANT’s work as COUNTY OF FRESNO Fresno, California 01/30/17 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 determined by the COUNTY. 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 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. E. All policies shall be issued by licensed insurers that are admitted or authorized by the California Department of Insurance, and all such insurance shall be purchased from companies COUNTY OF FRESNO Fresno, California 01/30/17 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 possessing a current A.M. Best, Inc. rating of A FSC VIII or better. XIV. OWNERSHIP OF DOCUMENTS A. The CONSULTANT understands and agrees that the COUNTY shall retain full ownership rights of the drawings and work-product of the CONSULTANT to the fullest extent permitted by law. In this regard, the CONSULTANT acknowledges and agrees that the CONSULTANT’S services are on behalf of the COUNTY and are “works made for hire,” as that term is defined by 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 shall be the sole property of the COUNTY and its assigns, and the COUNTY and its assigns shall be the sole owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible rights of any kind or nature in connection therewith; that all the rights, title, and interest in and to the drawings and work-product will be transferred to the COUNTY by the CONSULTANT, and the CONSULTANT will assist the COUNTY to obtain and enforce patents, copyrights, trademarks, trade secrets, and other contractual and intangible rights of any kind or nature relating to said drawings and work-product that the COUNTY shall become the owner of such drawings and work- product, free and clear from any claim by the CONSULTANT or anyone claiming any right through the CONSULTANT. The CONSULTANT further acknowledges and agrees that the COUNTY’S ownership rights in such drawings and work-product shall apply regardless of whether such drawings and work-product, or any copies thereof, are in the possession of the CONSULTANT, or any other person, firm, corporation, or entity. For the purpose of this AGREEMENT the phrase “drawings and work-product” shall mean the geologic report and map, as-builts, daily summary reports, inspection data sheets, records of field and laboratory test, Final Construction Report, and any other documents required in performing services under this AGREEMENT for PROJECT(S) that result from the tasks assigned to the CONSULTANT by the COUNTY under this AGREEMENT. B. If AGREEMENT is terminated, or work on a PROJECT is suspended, during or at the completion of any task performed by CONSULTANT hereunder pursuant to Article II, a copy of the report or other documents shall be submitted by the CONSULTANT to the COUNTY, which may use them to complete PROJECT(S) at a future time. COUNTY OF FRESNO Fresno, California 01/30/17 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 C. Documents, including drawings, prepared by the CONSULTANT pursuant to this AGREEMENT are intended to be suitable for use by the COUNTY or others on extensions of the services provided for PROJECT(S). Documents for PROJECT(S) may not be suitable for other projects. XV. 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 this AGREEMENT, the CONSULTANT 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 the CONSULTANT is providing goods or performing services under this 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 CONSULTANT’S 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 as Exhibit E and incorporated herein by this reference); and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. XVI. ENTIRE AGREEMENT This AGREEMENT constitutes the entire AGREEMENT between the COUNTY and the CONSULTANT with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this AGREEMENT. XVII. SEVERABILITY Should any provision herein be found or deemed to be invalid, 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. /// /// Exhibit A Project Team Organization Chart of Proposed TeamPrincipal-in-ChargeJim Grasty, PG, CEMTechnical Review / Principal HydrogeologistSteve Strait, PG, CEG, CHGProject Manager / Senior GeologistRalph Carson, PGPrincipal ChemistAngus, McGrath, PhDPrincipal EngineerKevin Miskin, PEHealth & Safety SpecialistTony WongProject ScientistMichael MyersSubconsultantsAPPL, Inc.Pacific Coast Locators, Inc.BC Laboratories*ESPLS SurveyingIntegrated Wastestream ManagementTEG – Northern CaliforniaNational*CEQA/Permit Regulatory SpecialistMichael WeberProject GeologistMiguel CisnerosNote: * denotes key subconsultant Employee Name Job Classification Andreasen, Holly Archaeologist Anteau, Gillian Environmental Scientist Auchterlonie, Jaff Managing Principal Geologist Battin, Matthew Associate Scientist Becker, Mark Principal Scientist Benkosky, Rusty Senior Principal Berry, Brian Biologist Branscum, Brian Environmental Technician Braybrooks, Larry Geologic Project Specialist Brown, Todd Senior Geologist Carson, Ralph Senior Geologist Chaney, Courtney Environmental Scientist Chen, Wendy Senior Associate Choeun, Ruthie Project Scientist Chuop, Khamly Associate Scientist Cisneros Jr, Miguel Geologic Project Specialist Cooper, Loni Senior Biologist Cornish, Pete Project Specialist Coyle, Sean Associate Scientist Crosby, Tom Senior Principal Engineering Geologist Cross, Michelle Cultural Resources Lead Crumpton, Brooke Archaeologist Demmer, Brittany Environmental Scientist Doran, Neil Senior Geologist Egger, Brian Associate Scientist Elms, Logan Associate Biologist Espino, Belinda Project Scientist / Wildlife Biologist Fayer, Joe Archaeologist Flora, Travis Associate Project Manager Francis, Aaron Intern Fugelsang, Jeffrey Environmental Planner Gama, Marlyng Biologist Garcia, Kimberly Archaeologist Garg, Tina Environmental Planner Giglini, Tony Associate Scientist Grasty, Jim Vice President, Business Leader US West, Environ. Ser. Greenwald, Alex Archaeologist Hale, John Biologist Hallock, Ashley Project Manager, Archaeologist List of Current Staff Ackerman, Corinne Associate Scientist Aguinaldo, Stephen Senior CAD Technician Aguirre Jr, Thomas Biologist Ainsworth, Tyler Biologist Alderete, Liz Engineering Project Specialist Employee Name Job Classification Holst, Katherine Archaeologist Jallorina, Joycelyn Project Manager Assistant Jimenez, Corri Architectural Historian Johnson, Kaela Staff Environmental Scientist Jolley, Ryan Senior Environmental Planner Kaur, Gurleen Environmental Scientist Kelly, Maureen Program Assistant Kozanitas, Melina Biologist Kraushaar, Leven Archaeologist Kucera, Nathan Associate Scientist Lambert, John Archaeologist Lawson, Erik Senior Engineer Lawson, Robley Program Assistant Lichtenberger, Debbie Environmental Technician Macenski, Trevor Principal Magee, Amanda Senior Geologist Malamma, Kevin Principal Manning, Danielle Project Manager Maxwell, Annette Geologic Consultant Maxwell, Chris Principal Geologist McGrath, Angus Principal Chemist Melancon, Charles Geologic Associate Merino, Hector Senior Environmental Technician Miller, Andrew Archaeologist Minarich, Damon Senior Environmental Technician Mochrie, Dean Sub Sector Leader Commercial - USA - Environ. Ser. Montilla, Madelaine Senior Regulatory Compliance Specialist Moore, Brent Principal Myers, Michael Project Scientist Nadolski, John Archaeologist Nugent, Melissa Senior GIS Analyst Nuno, Elena Senior Air Quality Scientist, Associate Oropeza, Elizabeth Administrative Assistant Owens, Devon Geologist Staff Patton, Bo Senior Environmental Technician Perez, Adrian Senior Engineer Peterson, Katelyn Biologist Radonich, Anna Planner Ramirez, Michael Senior CAD Technician Hendricks, Brice Senior Scientist Hey, Eva Geologic Consultant Hill, Grace Staff Specialist Hitchcock, Erin Project Manager, Environmental Services Hoehn, Greg Principal Consultant Employee Name Job Classification Ryan, Colin Geologic Associate Salazar, Judith Engineering Staff Scarbrough, Bruce Principal Geologist Schirripa, Sergio Environmental Scientist Schoenneman, Brian Senior Environmental Technician Schreiner, Dan Senior Geologist Slezak, Ryan Environmental Technician Smith, Everett Architectural Historian Stapleton, Dylan Archaeologist Sternad, Mario Senior Engineer Strait, Jo Ellen Geologic Associate Strait, Steve Principal Hydrogeologist Sung, Sucheon Project Specialist Switalski, Hubert Archaeologist Terry, John Architectural Historian Viernum, Sara Wildlife Biologist Westhoff, Brian Senior Geologist Williams, Andrea Senior Biologist, Environmental Management Wilson, Beth Biologist Winn III, Richie Geologic Staff Zickler Martin, Laurel Archaeologist Reece, Sara Senior Scientist Rodman, Tobin Archaeologist Roggasch Jr, Rex Senior CAD Technician Rorie, Bryan Associate Scientist Roth, Anne Administrative Assistant Exhibit B Subconsultants Subconsultants Following is a listing of potential key subconsultants, along with additional subconsultants that may be used, and the task for which they may be used. Also included are brief statements that indicate their experience. Firm Task BC Laboratories* Analytical Laboratory APPL, Inc. Analytical Laboratory National EWP, Inc.* Drilling ESPLS Surveying Land Surveying Pacific Coast Locators, Inc. Subsurface Utility Locators TEG – Northern California Geotechnical Surveys Integrated Wastestream Management Hazardous Waste Transportation *Denotes key subconsultant BC Laboratories* Founded in 1949 by Joe Eglin, BC Laboratories, Inc. provides analytical testing in accordance with a variety of Federal and State regulatory programs. Joe’s dream was to build the largest family-owned environmental laboratory in the Central Valley and Northern California. BC Laboratories, Inc. started as Bakersfield Core Laboratory in the garage of Joe and Bea Eglin’s Quincy Street home in Bakersfield, California. It specialized in analyzing oil well core samples. In 1952, BC Laboratories grew and relocated to the 3016 Union Ave facility in Bakersfield. Joe, a chemical engineer, did the analyses while Bea kept the books and helped with sample testing. Together, Joe and Bea Eglin managed the remarkable development of BC Laboratories, Inc. with combination of scientific innovation and business know-how. Joe and Bea Eglin are known throughout the community for their excellent business. A certified Woman-Owned Business [WBE] verified by both the California Public Utilities Commission [CPUC] and the Women’s Business Enterprise National Council [WBENC], BC Laboratories is a full-service, environmental laboratory certified by the States of California and Nevada for analysis of waters, soils, and air/vapor. They provide services from a 25,000 square foot facility to all of California and Nevada through an internal courier service and network of service centers. BC Laboratories provides analytical testing in accordance with a variety of federal and state regulatory programs including NPDES, CCR Title 22, RCRA, CERCLA, LUFT, WIP, Clean and Safe water acts. Diversified sample matrices from drinking waters to solids and sludge are routinely analyzed for general minerals, metals, and 500-600-8000 series organics. A fully equipped field services department is maintained to complement analytical efforts and extend laboratory capabilities. Firm Principals include the following individuals: Carolyn Jackson - Owner/President: Carolyn has embarked on a journey which transformed BC Laboratories from a relatively small family-owned business into an industry leader. In an era when a woman running a business was a rarity, she accomplished amazing feats by creating a foundation of high ideals within the company and reaching out to the community. Richard Eglin - Vice President: Richard provides vision and direction in developing, implementing, assessing, and revising strategic plans for policies and procedures that advance the laboratory's mission and goals to support a diverse staff within BC Laboratories. Stuart Buttram - Technical Director: Stuart has a Bachelor’s degree in chemistry and oversees day-to-day activities of the laboratory. Stuart is responsible for all analytical and technical activities of the laboratory, the accuracy and quality of all data reported by the laboratory, and final report approval. Stuart provides leadership by example, establishing and maintaining quality standards. In addition, Stuart is Radiological Safety Officer (RSO) and deals with compliance with DoD QSM and ISO 17025:2005. Additional information can be found in their attached Statement of Qualifications (Appendix A). APPL, Inc. Agriculture & Priority Pollutants Laboratories, Inc. (APPL, Inc.) is a certified small, disadvantaged, woman-owned laboratory located in Clovis, CA, and has been serving clients’ needs for over 30 years. They provide analytical chemistry data that is scientifically valid and defensible. APPL, Inc. is a full service analytical laboratory, with a staff of over 55 employees. Each laboratory section has redundant instrumentation to allow fast turnaround times on large sample delivery groups. They are very experienced at providing compliant Electronic Data Deliverables in over thirty different formats. APPL, Inc. has maintained a reputation of quality while remaining price competitive by staying on top of the latest in instrument and information technology. One of the more recent technological advancements is the addition of a High Resolution Mass Spectrophotometer to detect even lower than was previously possible for many organic compounds, including Dioxins, Furans, and PCB Congeners. Every analyst is educated with a minimum of a bachelor's degree in chemistry or other closely related field. APPL, Inc. employs chemists with Ph.D's, Master's, and Bachelor's degrees from schools such as UC Davis, UC Berkeley, UC San Francisco, UC San Diego, California Polytechnical State University, Bates College, and California State University of Fresno. National EWP, Inc.* National EWP, Inc. is a licensed contractor and well driller in: Arizona, Alaska, California, Colorado, Idaho, Iowa, Michigan, Minnesota, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming. Employing over 200 personnel in five states. Established in 2010, National EWP, Inc. is a new company with old values. The founding management team has deep roots in the drilling industry. Combining their collective experience and skills, they have joined together to restore the basic industry principles of providing safe, dependable and professional drilling services. Taking that philosophy to heart, their primary goal is building a great company that safely serves their clients and employees. National EWP, Inc., offers a wide range of mining and environmental services including: Exploration, Geotechnical, Soil Sampling, Well Abandonment, Conductor Casing Installation, Well Installation, Depth Discreet Water Sampling, Well Development/Rehab/Testing, In-Situ Chemical Injection, Vacuum Truck and Air knife Services. They also have a large depth of experience in Casing Advance, Rotary, Core, Sonic, Hollow Stem Auger, Well Service and Direct Push. Firm Principals include the following individuals: Jeff Morgan – President & CEO: Jeff Morgan began his career in the drilling business at the age of sixteen working as a shop hand for Water Development Corporation. Morgan’s career advanced from the shop to drilling operations, later being promoted to Vice President in 1993 and elevated again to President in 1996. In 1999, Morgan purchased the company and changed the name to WDC Exploration & Wells. Under his leadership, WDC increased revenues from $13 MM in 2001 to $70MM in 2007, selling the company later the same year. In the fall of 2010, Morgan repurchased the water supply and exploration drilling assets from WDC and launched National EWP, Inc. Gernot Penzhorn – General Manager: Gernot Penzhorn brings a wealth of experience and knowledge to National EWP, working for both Layne Christensen and Boart Longyear with over 19 years in the mining industry as well as a Bachelor’s Degree in Law and Economics. Upon graduation he worked at Webber Wentzel, Law Firm. He then moved to Boart Lonyear’s South Africa operations as a Business Development Manager. In 1999 he became a Director at Nampak before moving back to Boart working as a General Manager in both U.S. Hard Materials and Environmental Drilling, a Global Risk Manager and finally an International Operations Director. Following his tenure at Boart Longyear, Penzhorn moved to Layne Christensen where he held the roles of VP of Operations, President of Mineral Services and finally the SVP of International Operations. Tom Moreland – General Manager: Tom Moreland began his career in the industry in 1985, bringing years of experience and extensive knowledge to National. He manages all aspects of the environmental drilling operations. Prior to joining National, Tom worked in Northern California for WDC Exploration & Wells as a District Manager and previously as a Field Operations Manager. He has extensive awareness and advanced training experience in OSHA and MSHA surface mining operations. Additional information can be found in their attached Statement of Qualifications (Appendix A). ESLP Surveying ESPLS Surveying (ESPLS) is a full service land surveying firm established in 1991 and based in Fresno, California, with an office in Sacramento. The surveying division consists of a professional staff with expertise in various aspects of land surveying, which includes boundary, topography, construction and A.L.T.A. surveys. The full CAD capability enables them to prepare parcel maps, subdivision maps, record of survey maps, topography maps, right of way maps and volume calculations. Field surveys are performed with satellite GPS equipment, robotic total stations, laptops and advanced electronic instruments giving them the capability of providing a quick and efficient response to any survey requests. They have completed numerous projects for the planning, design, and construction of highways, bridges, pipelines, airports, hospitals, schools and correctional institutions. Many assignments involved work on the State Highway system and were performed per Caltrans standards. Their Caltrans project responsibilities included providing surveying services in the areas of project control, photogrammetric control, record data search, initial land net recovery, preliminary boundary determination, right of way or easement acquisition, topography, construction staking, as-builts preparation of land net and right of way maps. Some of ESP’s other clients include cities, counties, engineers, architects, geologists, contractors and individuals throughout California. Pacific Coast Locators, Inc. Pacific Coast Locators, Inc is a privately owned company that provides services to the private sector, construction companies, municipalities, federal and state entities, the oil and gas industry, and environmental consulting firms. Their services are retained by clients to locate, mark, and map the location of all underground facilities and include: electromagnetic utility locating; ground penetrating radar; magnetometer well locating; GIS utility mapping; ground penetrating radar (concrete screening); and electromagnetic induction. Their philosophy is to conduct work in a manner that promotes the safety, and well-being of technicians, clients, and the general public. Additional company information can be found at ww.pclocators.com TEG – Northern California TEG has numerous mobile labs, Strataprobes, and other sampling equipment based in California. They have plenty of equipment and experienced personnel plus back-ups for a project. They have performed Strataprobe soil vapor, soil, and water sampling services, and mobile lab and fixed base analyses at locations around the U.S. and overseas for many civilian and military contractors. Their Strataprobe direct push, no cuttings, vapor, soil and water sampling equipment has been designed and built to perform under many different conditions. TEG has a California C-57 contractor’s license (well drilling). The California-based mobile labs are state certified for a variety of analytical methods with the latest state-of-the-art equipment. All analytical personnel hold at least a Bachelor’s degree and all personnel are OSHA 40-hour trained. The Laboratory Director, Mark Jerpbak, also holds a Masters degree and is a California Professional Geologist. Integrated Wastestream Management IWM has provided transportation and management services for generators of hazardous and non-hazardous waste since 1992. They have developed an expertise in waste characterization and project execution. Their fleet of equipment includes three vacuum trucks, two tanker trucks, one end-dump, two flatbeds, one 27-foot box van and two high pressure hot water washers. All their employees are trained in 40-hr OSHA, Confined Space Entry, Emergency Response for Confined Space, DOT 181 Hazardous Materials Management, Defensive Driving for Commercial Drivers and participate in a behavioral-based safety program. They provide vacuum truck services, bulk water loading, bulk soil loading, drummed waste loading, transport and disposal, above ground and below ground tank cleaning, and waste characterization and profiling. Exhibit C Rates 2017 SCHEDULE OF BILLING RATES ENVIRONMENTAL SERVICES (j) Stantec Charges for all professional, technical, and administrative staff directly charging lime to the project will be calculated and billed on the basis of the followin schedule. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 $78 $87 $95 $105 $113 $122 $131 $141 $152 $166 $178 $191 $201 $221 $257 $300 $325 $361 $397 Junior Level Position • Works under the supervision of a senior professional • Independently carries out assignments of limited scope using standard procedures, methods and techniques • Assists senior staff in carrying out more advanced procedures • Completed work is reviewed for feasibility and soundness of Judgment • Graduate from an appropriate post-secondary program or equivalent • Generali , less than four ears' ex erience Fully Qualified Professional Position • Carries out assignments requiring general familiarity within a broad field of the respective profession • Makes decisions by using a combination of standard methods and techniques • Actively participates in planning to ensure the achievement of objectives • Works independently to interpret information and resolve difficulties • Graduate from an appropriate post-secondary program, with credentials or equivalent • Generali , three to six ears' ex erience First Level Supervisor or First Complete Level of Specialization • Provides applied professional knowledge and initiative in planning and coordinating work programs • Adapts established guidelines as necessary to address unusual issues • Decisions a'ccepted as technically accurate, however may on occasion be reviewed for soundness of judgment • Graduate from an appropriate post-secondary program, with credentials or equivalent • Generali , five to nine ears' ex erience · Highly Specialized Technical Professional or Supervisor of Groups of Professionals • Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise • Participates in short and long range planning to ensure the achievement of objectives • Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures . • Reviews and evaluates technical work • Graduate from an appropriate post-secondqry program, with credentials or equivalent • Generali , ten to fifteen ears' ex erience with extensive, broad ex erience Senior Level Consultant or Management • Recognized as an authority in a specific field with qualifications of significant value • Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise • Independently conceives programs and problems for investigation • Participates in discussions to ensure the achievement of program and/or project objectives • Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects • Graduate from an ·appropriate post-secondary program, with credentials or equivalent • Generali , more than twelve ears' ex erience with extensive ex erience Senior Level Management Under Review by Vice President or Higher • Recognized as an authority in a specific field with qualifications of significant value • Responsible for long range planning within a specific area of practice or region • Makes decisions which are far reaching and limited only by objectiyes and policies of the organization • Plans/approves projects requiring significant human resources or capital investment • Graduate from an appropriate post-secondary program, with credentials or equivalent • Generally, fifteen years' experience with extensive professional and management ex erience Expert Witness Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard billing rote. All labor rotes will be subject to annual increase. Staniec 2017 MASTER ES Rate Schedule Table 3 wo Titles (153).doc Page 1 of3 2017 SCHEDULE OF BILLING RATES ENVIRONMENTAL SERVICES Other Direct Disbursements: endable Materials Standard Field Equipment: •l11rero11.0I -•• ,..,. :11•••• - Air Samplinq Equipment Bailer -Disposable Bailer -Disoosable Weiahted Bailer -Quick E-Bailer System Bailer -Reusable Drum -55 Gallons · Diaital Camera Draeoer Sampler (tubes not included} Field Communication -Two-Way Radio Field Comouter Field Test Kit -Groundwater Field Test Kit -Soil Field Test Kit -SVE Field Vehicle -Mileaae Field Vehicle Field Vehicle'-Samolinq Truck Field Vehicle -Truck/Van Flame Ionization Detector fFIDl Generator Gloves -Colored Cloth Gloves -Colored Leather Gloves -Colored Nitrile Gloves -Kevlar Under Glove H&S -Level B Safety Equipment H&S -Level C Safetv Eauioment H&S -Level D Safety Equipment H&S -Traffic Control Equipment Hand Auaer Low Flow Purqe/Samolinq System Meter -Oil/Water Interface Meter -Anemometer Meter-CO Meter -Data Loaaer Meter -Dissolved Oxyqen Meter-DO/ORP/TemP/Conductivity Meter -Dosimeter Meter -Ferrous Iron Meter-Flow Meter -H2S Detector Meter -LEL/02 Meter -Maonehelic (Gauqe) Staniec 2017 MASTER ES Rate Schedule Tobie 3 wo Titles {153).doc ~ Stantec Actual Cost + 153 Actual Cost + 153 Actual Cost + 153 See Attached Schedule . - $65/day $10/each $15/each $85/day $20/day $65/each $25/day $30/day $20/day $55/daY $55/eacti $55/each $55/each Prevailina IRS rate $135/dav $275/day. $160/day $145/daY $70/day $5/pair $15/pair $0.25/oair $5.00/pair $185/day $95/dav $60/dav $65/day $30/day $85/daY $60/dav $25/day $65/day $140/daY $65/dav $100/day $45/day $5/daY $30/day $80/day $80/daY $35/daY Page 2 of 3 2017 SCHEDULE OF BILLING RATES ENVIRONMENTAL SERVICES Standard Field Equipment (continued): Meter -Measurin Wheel Meter -Metal Detector Meter -Multimeter Meter -02/C02 Meter-ORP Meter -Other /Conductivit Meter-Water Level Indicator Photoionization Detector PIO NOTE: Other equipment needs will be priced on a per project basis. Staniec 2017 MASTER ES Rate Schedule Table 3 wa Titles (153).dac ~ Stantec Page 3ot 3 AGRICULTURE & PRIORITY POLLUTANTS LABORATORIES, INC. 908 North Temperance Ave Clovis, California 93611 Phone: 559/275-2175 FAX: 559/275-4422 Email: cclark@applinc.com Schedule of Fees 2016 Extra Services Electronic Data Deliverables Standard EDD ERPIMS, EDT, NEDTS, Geotracker/EDF, ADR/SEDD, or EQUIS Other or Custom EDDs 21 Days (15 business days) 14 Days (IO business days) 7 Days (5 business days) 72-hour (call for availability) 24/48-hour (call for availability) Rush Extraction/Digestion Fee* Expedited Result Surcharges additional additional additional additional additional additional *Applicable to samples with 7-day or greater hold times, which arrive on the last day. Data Validation Packages (DVP) Level II -Form l's Sample results, surrogate recoveries, cover letter, and QC sample results (Blanks, LCS) Surcharges no additional cost 10% call for quote no additional cost 10% 50% 75% 100% 20% no additional cost Level III -CLP-like, Forms only additional 5% Same as Level II plus sample receipt forms, COC, case narrative, ICV/CCV/CCB values, and injection logs ~vel IV -CLP-like additional Same as Level ill plus preparation sheets, raw data for samples and calibrations Miscellaneous Rates Encore Samplers for EP A5035 (3/sample) Terracore Samplers for EPA5035 (I/sample) Compositing Lab Filtering Dry-Weight Reporting (no charge if moisture percent is provided) Incremental Sampling "Overnight" shipping of containers (no charge for Fed Ex Ground) Standard Pricing Includes: • Level II DVP • Standard Excel EDDs (when requested) • 15-business day Tum Around Time 10% $30 /sample $5 /sample $5 /discrete sample $10/sample $10 /sample $150 I sample actual • · QC Samples (as required by the method): Method Blanks, LCS, LCS/LCSD, Method MS!MSD, Trip Blanks, Sample/Sample Duplicates • Shipping of containers, coolers, COCs, custody seals, labels, Trip Blanks to the job site. • Sample Disposal Standard Pricing notes: • MSIMSD samples requested on the COC or containing clients special spikes are billable • Field QC samples (trip blank, rinse blank, sample dup, etc.) are billable • Chromatograms/Raw Data or special reporting included only in level N DVP upgrade • Special (non-standard) analytes typically require separate extractions and analysis and may affect pricing • "Dry-weight" reporting requires moisture analysis Pesticides, Herbicides, & PCBs Pesticides & PCBs Organochlorine (OCL) Pesticides: EPA 8081, 608 Method 508 or CLP List Low-Level Add PCBs: .EPA 8082 Non-standard analytes Pyrethroids, Synthetic: EPA 8081 PCBs/Aroclors: EPA 8082, 508 (soil, water, oil, or wipe) PCB Congeners (18): EPA 8082 Non-standard analytes Organophosphorus (OP) Pesticides: EPA 8141 Low-Level Add Triazine (507/619) analytes Non-standard analytes Carbamate Pesticides: EPA 8321 Short List (2 analytes max) Universal Treatment System List 632 List by EPA 8321 Non-standard analytes Chlorinated Herbicides: EPA 8151, 515.1, 615 Triclopyror Clopyralid: EPA 8151 Organonitrogen (Triazine) Herbicides: EPA 619 Herbicides Organonitrogen (Triazine) Herbicides & OP Pesticides: EPA 507 Atrazine, Simazine: EPA 507 Pesticide/Herbicide Special (non-standard) Analytes: Standard Analyte Lists additional additional additional additional $120 $140 $10 $20 call for quote $140 $85 $250 call for quote $150 $10 $20. call for quote $225 $190 $400 $225 call for quote $190 $200 $150 $150 $150 call for quote OCL Pesticides 8081: a-BHC, b-BHC, g-BHC (Lindane), d-BHC, Heptachlor, Aldrin, Heptachlor epoxide, g-Chlordane, Endosulfan I, a-Chlordane, 4,4'-DDE, Dieldrin, Endrin, Endosulfan II, 4,4'-TDE/DDD, Endrin aldehyde, 4,4'-DDT, Endosulfan sulfate, Endrin ketone, Methoxychlor, Toxaphene PCBs 8082: PCB-1216, PCB-1232, PCB-1242, PCB-1248, PCB-1254, PCB-1260 OP Pesticides 8141: Dichlorvos, Naled, Mevinphos, Trifluralin, Ethoprop, Phorate, Demeton (Total), Diazinon,Disulfoton, Dimethoate, Ronne!, Parathion (methyl-), Malathion, Trichloronate, Chlorpyrifos (Dursban), Parathion (ethyl-), Fenthion, Prowl (Pendimethalin), Merphos, Def, Tokuthion, Stirophos, Ethion, Bolstar, Fensulfothion, EPN, Azinphosmethyl, Coumaphos, Sulfotep Carbamates 8321: Aldicarb, Aldicarb sulfone, Aldicarb sulfoxide, Carbary!, Carbofuran, 3-Hydroxycarbofuran, Methomyl, Methiocarb, . Oxamyl, Diuron, Propoxur Carbamate Pesticides -Urea: Aminocarb, Aldicarb, Barban, Benomyl (Carbendazim), Bromacil, Carbary!, Carbofuran, Chloropropham, Chloroimron, Diuron, Fenuron, Fluometuron, Linuron, Methomyl, Methiocarb, Mexacarbate, Monuron, Neburon, Oxamyl, Propachlor, Propham, Propoxur, Siduron, Tebuthiuron. Herbicides 8151: 2,4,5-T, 2,4,5-TP, 2,4-D, 2,4-DB, Dalapon, Dicamba, Dichlorprop (2,4-DP), Dinoseb (DNBP), MCPA, MCPP Triazine Herbicides 619:.Prometon, Atraton, Propazine, Atrazine, Simazine, Terbuthylazine, Prometryn, Ametryn, Sirnetryn, Terbutryn, Cyanazine Triazine Herbicides/OP Pesticides 507: Alachlor, Atrazine, Bromacil, Butachlor, Demeton (Total), Diazinon, Dimethoate, Disulfoton, Metolachlor, Metribuzin, Mevinphos, Molinate, Prometon, Prometryn, Pronamide, Shnazine, Shnetryn, Terbutryn, Thiobencarb SEMI-VOLATILE ORGANICS Semivolatile Organic Compounds by GC/MS: EPA 8270, 525.2, 625, CLP Semivolatile Organic Compounds $175 Acid Extractables (Phenols) only $125 Base-Neutral Extractables only $125 Individual Analyte $125 Add Tentatively Identified Compounds (TICs) additional $30 Non-standard analytes call for quote 1,4-Dioxane $125 Pentachlorophenol (PCP) $125 Polynuclear Aromatic Hydrocarbons (PNA, PAH) $125 Fumigants (EDB, DBCP, 1,2,3-TCP) Fumigants: EPA 504.1, 8011 Fumigants by DOHS (waters only, 0.01 ug/L) DBCP in soil (proprietary method) 2,3,7,8-TCDD: El?A 8290 TCDD & TCDF: EPA 8290 Dioxins & Dibenzofurans: EPA 8290 Dioxins and Dibenzofurans PCB Congeners 1668A (expect a longer TAT) PCB Congeners (28 compound list) PCB Congeners (~W9 compound list) Call for availability Explosives: EPA 8330 Incremental Samples Explosives: EPA 8330B Soil Preparation (1 Kg maximum soil volume) Solid Reference Material (PE sample) **Lab triplicates are considered billable samples Total Petroleum Hydrocarbons -Extractable TPH-Diesel Range Organics (DRO): EPA 8015 TPH -Diesel & Motor Oil Range Organics: EPA 8015 $90 $95 $95 $580 $580 $670 $875 $1300 $120 $150 call for quote $50 $70 Special TPH analysis are available, please call with details of project for a quote. Call for scheduling of state methods. EPA 3630C Mod. Silica Gel Cleanup EPA 3640A Gel-Permeation Cleanup (GPC) EPA 3660B Sulfur Cleanup (copper cleanup) EPA 3665A Acid Cleanup (for PCBs) EPA 3620B Florisil Cleanup MITC in water: EPA 131 MITC in soil: EPA 131 Cleanups Tributyl Tin by GC/MS (APPL SOP, water samples only) Sulfolane (APPL SOP) $25 $50 $10 $15 $20 $95 $125 $225 $130 VOLATILE ORGANICS Volatiles Organic Compounds by GC/MS: EPA 8260, 624, 524.2, CLP Volatile Organic Compounds by GC/MS $95 Drinking Water List: EPA 524.2 $125 Total Trihalomethanes EPA 524.2 $125 Halogenated & Aromatic Volatiles $125 MTBE and/or BTEX $85 BTEX and Oxygenates . . $95 Oxygenates Only (MtBE, tBA, DIPE, EtBE, tAME, 1,2-DCA, 2-EDB) $95 Individual Analyte $85 Add Tentatively Identified Compounds (TICs) additional $30 Add Ketones (Acetone, MEK, 2-Hexanone, MIBK) additional $15 Add Oxygenates additional $15 1,2,3-TCP in water Low-Level EPA 8260 (0.005 ug/L) $135 Total Petroleum Hydrocarbons -Purgeable TPH-Gasoline Range Organics (GRO): EPA 8015 (GC-FID) $50 TPH-Gasoline Range Organics (GRO): EPA 8260 (GC-MS) $50 Special TPH analysis are available, please call with details of project for a quote. Call for scheduling of state methods. Encore Samplers: EPA 5035 (3/sample) Terracore Samplers for EP A5035 (1/sample) TCLP ZHE Extraction: EPA 1311 (for volatile leaching) Dissolved Gasses (Methane, Ethane, & Ethene): RSK 175 Mod. Dissolved Gasses (Methane only): RSK 175 Mod. $30/sample S35tsampte 6/16/16 so $5 /sample $100 $75 $65 METALS Metals by EPA 200.7/6010 (ICP) or EPA 200.8/6020 (ICP/MS) or CLP 20+ Metals $135 + 15-19 Metals $125 + 10-14 Metals $115 6-9 Metals $95 + 2-5 Metals $25/first + $10/add + 1 Metal $25 Metals Scans TAL metals (23) Al, Sb, As, Ba, Be, Cd, Ca, Cr, Co, Cu, Fe, Pb, Mg, Mn, Hg, Ni, K, Se, Ag, Na, TI, V, Zn CAM 17 (Sb, As, Ba, Be, Cd, Cr, Co, Cu, Pb, Hg, Mo, Ni, Se, Ag, TI, V, Zn) Priority Pollutants (Sb, As, Be, Cd, Cr, Cu, Pb, Hg, Ni, Se, Ag, TI, Zn) RCRA 8 (As, Ba, Cd, Cr, Pb, Hg, Se, Ag) LUFf Metals (Cd, Cr, Pb, Ni, Zn) Minerals/Cation Scan (Ca, Mg, K, Na) $135 $135 $125 $95 $65 $55 Cold Vapor Atomic Absorption (CV AA) Mercury: EPA 7470/7471, EPA 245.1 ' $35 Hexavalent Chromium (Wet Lab) Chrom VI: EPA 7196 (20 µg/L, 24-hour hold time) Chrom VI, Low Level (IC): EPA 7199, EPA 218.6 (0.5 µg/L, 24-hour hold time) Alkaline Digestion of Soils: EPA 3060A Leachate EXtractions (in order of leaching strength) $40 $100 $40 TCLP: EPA 1311 $50 SPLP: EPA 1312 $50 STLC: Cal WET (Citric Acid) . $50 STLC: Cal WET (DI Water) $50 Other (calculations require additional analyses) Hardness Calculation (requires analysis of Ca and Mg for Total Hardness) $20 Sodium Absorption Ratio Calculation (water) $10 Nitrogen, Phosphorus, Potassium (NPK): EPA 6010B & 353.2 $75 Cation/Anion Balance Calculation (requires additional metals scan and anion scan) $15 Lab Filtering (0.45 micron dissolved metals) $10 Inorganic Chemistry (Wet Lab) DI Water Extraction for Wet Methods in Soil Alkalinity, Acidity, and pH Total Alkalinity (as CaC03): SM 2320B Alkalinity (HC03, C03, OH) SM 2320B pH/Corrosivity in water: 9040B, SM4500H+B pH/Corrosivity in soil: EPA 9045D Physical Properties $10 $30 $30 $10 $15 General Physical Suite $45 Color: SM 2120B $15 Odor: SM 2150B $15 Turbidity: EPA 180.1, SM2130B $15 Specific Electrical Conductance in water: EPA 120.1, SM2510B $15 Specific Electrical Conductance in soil: SM2510B $20 Specific Gravity (Relative Density) in soil: ASTM D854-06, ASTM1429-03 $20 Salinity: SM 2520B $15 Moisture Content ("dry-weight" reporting): CLP4.0 $10 General Mineral Alkalinity, bicarbonate, carbonate, hydroxide, TDS, pH, EC, hardness, sulfate $165 chloride, calcium, iron, magnesium, manganese, potassium, and sodium MEAS/Surfactants: SM5540C (48-hour hold time) $50 Anions by IC: EPA 300/9056 (soil requires DI extraction) Bromide, Chloride, Fluoride, Nitrate-N, Nitrite-N, Orthophosphate-P, Phosphate-P, Sulfate I Anion $25, $5 for each additional anion Phosphorus (soil requires DI extraction) Orthophosphate-P: EPA 300, SM4500PE Phosphorus, Total: EPA 300, EPA 6010B, SM4500PE Nitrogen, Phosphorus, Potassium (NPK): EPA 6010B & 353.2 Cyanide, Total 9010C/9014, SM4500CNE Cyanide, Dissolved SM 4500CNE Cyanide, Amenable SM4500CNG Cyanide Cyanide, Weak Acid Dissociable (free) SM 4500CNI, EPA 9010C/9014 Cyanide, Reactive analyzed as Total Cyanide, where approved Solids/Residues Solids, Total Dissolved (filterable) (TDS): SM2540C Solids, Total Suspended (non-filterable) (TSS): SM2540D Solids, Total (TS): SM2540B Solids, Settleable: SM2540F $30 $30 $75 $45 $45 $45 $55 $45 $20 $20 $20 $20 Nitrogen (soil requires DI extraction) Ammonia, Total (as N): EPA 350.1 $35 Ammonia, Free (NH3): EPA 350.1 $35 Nitrate-Nitrite as N (TOXN): EPA 300.0, EPA 353.2, EPA9056A $30 Nitrite as N: EPA 300.0, EPA 353.2, EPA9056A $25 Nitrate as N: EPA 300.0, EPA 353.2, EPA9056A $25 Nitrite: EPA 300.0, EPA 353.2, EPA9056A $25 Nitrate: EPA 300.0, EPA 353.2, EPA9056A $25 Nitrogen, Total Oxidizable (TOX-N): EPA 353.2 $30 Nitrogen, Total Organic (TON) (TON= TKN -Ammonia-N): SM 4500-N $60 Nitrogen, Total Inorganic (TIN): SM 4500-N $60 Nitrogen, Total (Kjeldahl Method) (TKN): EPA 351.2 $35 Nitrogen, Total (TN) (TN=TOXN + TKN): SM 4500-N $60 Total Recoverable Petroleum Hydrocarbons and Oil & Grease TRPH: SM 5520BF $50 Oil & Grease: EPA I 664A $60 Perchlorate Perchlorate by LCMS: EPA 6850 Orgamc Carbon Total Organic Carbon in soil (TOC): Walkley-Black modifit;:d Ferrous Iron SM 3500FeBc Silica (Si02): SM4500-SiD Sulfide, Total: SM4500S 2F Sulfite: EPA 377.l Lab Filtering (0.45 micron) Other Inorganics soil requires DI extraction soil requires DI extraction soil requires DI extraction soil requires DI extraction $155 $55 $30 $25 $45 $40 $10 [ CONFiiiiiiit~-~ Aqueous Solid Oil Air GENERAL CHEMISTRY Alkalinity (SM 23206/EPA 310.1) $ 15.00 $ 15.00 $ 15.00 No Bid Hardness EPA 6010B $ 14.00 $ 14.00 $ 14.00 No Bid PH EPA9040 $ 7.00 $ 7.00 $ 7.00 No Bid Ferrous Iron SM 3500D $ 15.00 $ 15.00 $ 15.00 No Bid · Chloride (EPA 300/SW-846 9056) $ 7.00 $ 7.00 $ 7.00 No Bid COD (EPA 410) {Chemical Oxygen Demand] $ 17.00 $ 17.00 $ 17.00 No Bid Cyanide, Total (SM 4500 CN H/EPA 335.4/5W-846 9010/9012) 335.2 $ 18.00 $ 18.00 $ 18.00 No Bid Flashpoint (ASTM 0 93/40 CFR 261.21) SW-845 1010/1020 No Bid No Bid. No Bid No Bid Fluoride (EPA 300/SW-846 9056) $ 7.00 $ 7.00 $ 7.00 No Bid Hexavalent Chromium (EPA 218.6/SW-846 3060/7199) $ 18.00 $ 40.00 $ 40.00 No Bid Hexavalent Chromium (EPA ~18.6/SW-846 3060/7199) New Jersey Specific $ 20.00 $ 40.00 $ 40.00 No Bid . Hexavalent Chromium (5W-846 7196) · $ 15.00 No Bid No Bid No Bid Hexavalent Chromium (SW-846 7196) New Jersey Specific No Bid No Bid No Bid No Bid BOD EPA 405.1 $ 20.00 $ 20.00 $ 20.00 No Bid MBAS EPA 425.2 $ 20.00 $ 20.00 $ 20.00 No Bid Perchlorate EPA 314.0 $ 25.00 $ 25.00 $ 25.00 No Bid Turbidity EPA 180.1 $ 9.00 $ 9.00 $ 9.00 No Bid Total Suspended Solids (TSS) SM 2540D $ 9.00 $ 9.00 $ 9.00 No Bid Total Dissolved Solids (TDS) SM2540C $ 9.00 $ 9.00 $ 9.00 No Bid Specific Conductance (EPA 120.1) $ 8.00 $ 8.00 $ 8.00 No Bid Settleable Solids (SS) EPA 160.5 $ 10.00 $ 10.00 $ 10.00 N6Bid Hydrogen Sulfide (H2S) $ 18.00 $ 18.00 $ 18.00 No Bid Nitrate (EPA 300/SW-846 9056) $ 7.00 $ 7.00 $ 7.00 No Bid Nitrite (EPA 300/SW-846 9056) $ 7.00 $ 7.00 $ 7.00 No Bid Nitrogen, Ammonia (SM 4500NH3B+D/SM 4500NH3B+C/SM 4500NH3G/EPA 350.3) $ 18.00 $ 18.00 $ 18.00 No Bid Oil and Grease -Total (EPA 413.1/SW-846 9070/EPA 1664) $ 25.00 $ 25.00 $ 25.00 No Bid ' Phosphorus, ortho (EPA 300/SW-846 9056) $ 12.00 $ 12.00 $ 12.00 No Bid Redox Potential (ASTM D-1498) $ 15.00 $ 15.00 $ 15.00 No Bid Residue -Filterable (TDS) (SM 2540C) $ 9.00 $ 9.00 $ 9.00 No Bid Residue -Nonfilterable (TSS) (SM 25400) $ 9.00 $ 9.00 $ 9.00 No Bid Percent Moisture/Dry Weight EPA SW-846 $ 5.00 $ 5.00 $ 5.00 No Bid RCI (reactivity, corrosivity, and ignitability) No Bid No Bid No Bid No Bid Anion Individual (EPA 300.0) $ 7.00 $ 7.00 $ 7.00 No Bid Anion Scan (Br, Cl, F, N03, N02,S04) EPA 300.0 ($7 .00 EACH) $ 42.00 $ 42.00 $ 42.00 No Bid Sulfate (EPA 300) $ 7.00 $ 7.00 $ 7.00 No Bid Sulfide (SM 4500S2D+F/EPA 376/SW-846 9030/ SW-846 9034) $ 18.00 $ 18.00 $ 18.00 No Bid [CONFIDE~ Total Organic Carbon (TOC) (SM S310B+C/SW-846 9060) 415.1 $ 18.00 $ 18.00 $ 18.00 No Bid Total organic Carbon Soil (TOC) Lloyd Kahn No Bid No Bid No Bid No Bid Ammonia SM 4SOO $ 17.00 $ 17.00 $ 17.00 No Bid Total Phenolics (EPA 420.4/SW-846 9065/9066/9067) $ 16.00 $ 16.00 $ 16.00 No Bid E.Coli (SM9223B MPN) Pacific Northwest & Alaska No Bid No Bid No Bid No Bid Total Coliforms (SM9223B MPN) Pacific Northwest & Alaska No Bid No Bid No Bid No Bid Silica (SM4500Si-F) Pacific Northwest & Alaska No Bid No Bid No Bid No Bid Phosphorus, ortho (SM4500P-E) Pacific Northwest & Alaska No Bid No Bid No Bid No Bid Nitrogen, Total Kjeldahl (EPA 351.2) Pacific Northwest & Alaska No Bid No Bid No Bid No Bid METALS Individual Metals by ICP {digestion included) EPA 200.7/6010 $ 6.00 $ 6.00 $ 6.00 No Bid Metals by ICP (up to 4 metals) EPA 200.7/6010 ($6.00 each) $ 24.00 $ 24.00 $ 24.00 No Bid Luft heavy metals by ICP (S metals) EPA 200.7 /6010 ($6.00 each) $ 30.00 $ 30.00 $ 30.00 No Bid RCRA 8 Metals by ICP (8 metals) EPA 200.7/6010($6.00 each) $ 48.00 $ 48.00 $ 48.00 No Bid Priortity Pollutents by ICP (13 metals) EPA 200.7/6010 ($6.00 each) $ 78.00 $ 78.00 $ 78.00 No Bid Title 22 {CAM 17 Metals) by ICP EPA 200.7/6010 $ 90.00 $ 90.00 $ 90.00 No Bid TALor PPL Metals by ICP Only (EPA 200.7/SW-846 6010) $ 90.00 $ 90.00 $ 90.00 No Bid Dissolved Ferrous Iron (SM 3500) $ 15.00 $ 15.00 $ 15.00 No Bid Individual Metals by ICP/MS (digestion included) EPA 200.8/6020 $ 6.00 $ 6.00 $ 6.00 No Bid Metals by ICP/MS (up to 4 metals) (EPA 200.8/SW-846 6020) ($6.00 each) $ 24.00 $ 24.00 $ 24.00 No Bid Luft heavy metals by ICP/MS (S metals) EPA 200.7/6010 {$6.00 each) $ 30.00 $ 30.00 $ 30.00 No Bid RCRA 8 Metals by ICP/MS {8 metals) (EPA 200.8/SW-846 6020) ($6.00 each) $ 48.00 $ 48.00 $ 48.00 No Bid Priority Pollutents Metals by ICP/MS {13 metals) (EPA 200.8/SW-846 6020) ($6.00 each) $ 78.00 $ 78.00 $ 78.00 No Bid Title 22 {CAM 17 Metals) by ICP/MS EPA 200.8/6020 $ 90.00 $ 90.00 $ 90.00 No Bid Mercury (cold vapor) EPA 7470/7471 $ 12.00 $ 12.00 $ 12.00 No Bid TCLP $ 2S.OO $ 25.00 $ 25.00 No Bid -STLC $ 25.00 $ 25.00 $ 25.00 No Bid STLC DI Water leach $ 25.00 $ 25.00 $ 25.00 No Bid CAMW.E.T $ 2S.OO $ _2S.OO $ 25.00 No Bid Mercury, Low Level (EPA 245.7 / EPA 1631E) No Bid No Bid No Bid No Bid Mercury, Ultra Low Level (EPA 1631E +gold trap) No Bid No Bid No Bid No Bid ** Need to specify $60/initial run and $45 for all reruns due to MS/MSD failure -specific NJ requirement •••Suggest adding QAM/EPH method for NJ at $58/175 respectively [CONi1DENl1~£J Aqueous So/Id Oil Air TAL or PPL Metals by ICP/MS Only (EPA 200.8/SW-846 6020) $ 90.00 $ 90.00 $ 90.00 No Bid STLC Extraction $ 25.00 $ 25.00 $ 25.00 No Bid VOLATILE ORGANIC COMPOUNDS TPH as GRO by 8015 $ 25.00 $ 25.00 $ 25.00 $ 40.00 TPH as GRO by LUFT GC/MS $ 30.00 $ 30.00 $' 30.00 $ 30.00 BTEX + MTBE (EPA 624/SW-846 8260) $ 50.00 $ 50.00 $ 50.00 $ 50.00 TPH GRO/BTEX/MTBE EPA 624/8260 $ 50.00 $ so.oo $ S0.00 $ 50.00 BTEX + MTBE +Naphthalene (EPA 624/SW-846 8260) $ 50.00 $ 50.00 $ so.oo $ 50.00 Fuel Oxygentes (5)/lead scavengers s 50.00 $ 50.00 $ S0.00 $ 50.00 BTEX & Up to 5 oxygenates/alcohols (SW-846 8260) $ 50.00 $ 50.00 $ SO.DO $ 50.00 BTEX & Up to 7 oxygenates/alcohols (SW-846 8260) $ 50.00 $ so.oo $ 50.00 $ 50.00 BTEX/OXY/GAS +lead Scavengers+ ETOH (SW-846 8260 & 8015) $ 50.00 $ 50.00 $ 50.00 $ 50.00 BTEX + GRO +up to 7 Oxygenates (SW-846 8260 & 8015) $ 50.00 $ so.oo $ SO.OD $ 50.00 TPH GRO/BTEX, 5 oxygentes, OCA &EDB $ SO.DO $ SO.OD $ SO.DO $ 50.00 Halogenated Volatile Organics (SW-846 8260 -8021 list) ·$ 60.00 $ 60.00 $ 60.00 $ 60.00 Volatile Organic Compund list (VOC) standard list (8260) $ 60.00 $ 60.00 $ 60.00 $ 60.00 Volatile Organic Componds (VOC) + GRO $ 60.00 $ 60.00 $ 60.00 $ 60.00 Volatile Organic Compunds (VOC) + GRO+ Fuel Oxy $ 60.00 $ 60.00 $ 60.00 $ 60.00 Volatile Organic Compounds (EPA 624) $ 60.00 $ 60.00 $ 60.00 $ 60.00 Volatile Organic Compounds -Low level (EPA 524.2) $ 60.00 $ 60.00 $ 60.00 $, 60.00 Volatile Organic Compounds+ up to 7 Oxygenates (SW-846 8260) [full list 8260) $ 60.00 $ 60.00 $ 60.00 $ 60.00 Alcohols (methanol, ethanol, isopropanol) EPA 8015 $ S0.00 $ SO.OD $ 50.00 $ 100.00 Methanol only (SW-846 8015) $ 40.00 $ 40.00 $ 40.00 No Bid LL ETOH (EPA 524.2 SIM) No Bid No Bid No Bid No Bid Alaska Specific -Gasoline Range Organics (AK-101) No Bid No Bid No Bid No Bid Oregon/Washington -NWTPH-Gx No Bid No Bid No Bid No Bid Washington/Oregon/Alaska -NWTPH-VPH No Bid No Bid No Bid No Bid Oregon Specific -RBCA Volatiles (SW-846 8260) No Bid No Bid No Bid No Bid Halogenated Volatile Organics (SW-846 8260 -8010 compound list) $ 60.00 $ 60.00 $ 60.00 $ 60.00 SEMI-VOLATILE COMPOUNDS TPH ORO $ 35.00 $ 35.00 $ 35.00 No Bid TPH ORO and motor-oil (TEPH) $ 45.00 $ 45.00 $ 45.00 No Bid TPH other extractable hydrocarbons (TEPH) $ 45.00 $ 45.00 $ 45.00 No Bid ORO/ORO-C8C24/C25C40 (SW-846 8015) MORO $ 45.00 $ 45.00 $ 4S.OO No Bid . Organic Diesel Range {ORO) (SW-846 8015) $ 35.00 $ 3S.00 $ 35.00 No Bid Organic Gasoline Range (GRO) (SW-846 8015) $ 25.00 $ 2S.OO $ 2S.00 No Bid Stoddard (SW-846 8015) $ 45.00 $ 45.00 $ 45.00 No Bid PCBs (EPA 608/SW-846 8082) $ 55.00 $ 55.00 $ 55.00 No Bid Semlvolatlle organic compounds (SVOC) EPA 8270 C $ 100.00 $ 100.00 $ 100.00 No Bid Polynuclear Aromatic Hydrocarbons (PAH/PNA SIM) EPA 8270 SIM $ 100.00 $ 100.00 $ 100.00 No Bid Polynuclear Aromatics (SW-846 8310) $ 100.00. $ 100.00 $ 100.00 No Bid fcONFiiiEN.t1A~1U Polynuclear Aromatics (EPA 625/SW-846 8270) $ 100.00 $ 100.00 $ 100.00 No Bid Phenols EPA 8270C $ 100.00 $ 100.00 $ 100.00 No Bid 1,4 Dloxane/NDMA EPA 8270 SIM $ 110.00 $ 110.00 $ 110.00 No Bid Dissolved Methane (RSK 175) $ 45.00 $ 45.00 $ 45.00 No Bid TCL Pesticides (EPA 608/SW-846 8081) $ 60.00 $ 60.00 $ 60.00 No Bid PPL Semivolatiles (Base/Neutral and Acid Extractables) (EPA 625/SW-846 8270) $ 100.00 $ 100.00 $ 100.00 No Bid PPL Semivolatiles (Base/Neutral and Add E>:tractables) NeW Jersey Specific.,. If NJGWQC needed, SIM will be needed at additional No Bid No Bid No Bid No Bid TCL Semivolatiles (Base/Neutral and Acid Extractables) (EPA 625/SW-846 8270) $ 100.00 $ 101.00 $ 102.00 No Bid TCL SemlvolatilC's (Base/Neutral and Acid Extractables) New Jersey Specific If NJGWQC needed, SIM will be needed at additional No Bid No Bid No Bid No Bid . Organophosphorus Pesticides (SW-846 8141) $ 70.00 $ 70.00 $ 70.00 No Bid Organochlorine Herbicides (SW-846 8151) $ 70.00 $ 70.00 $ 70.00 No Bid Polynuclear Aromatics (SW-846 8270-SIM) $ 110.00 $ 110.00 $ 110.00 No Bid Oregon-Specific -Phthalates (SW-846 8270-SIM) No Bid No Bid No Bid No Bid Alaska Specific -Diesel Range Organics (AK-102) No Bid No Bid No Bid No Bid Alaska Specific -Residual Range Organics (AK-103) No Bid No Bid No Bid No Bid Alaska Specific -Diesel & Residual Range Organics (AK-102/103) No Bid No Bid No Bid No Bid Oregon/Washington· NWTPH-HCID No Bid No Bid No Bid No Bid Qregon/Washington • NWTPH-Dx No Bid No Bid No Bid No Bid Washington -NWTPH-EPH No Bid No Bid No Bid No Bid Portland Harbor JSC ·Pesticides (SW-846 8081A Modified, w/ GPC cleanup as needed) No Bid No Bid No Bid No Bid Oregon/Washinton/ Alaska Portland Harbor JSC -PCB (SW-846 8082 Modified, w/GPC cleanup as needed) No Bid No Bid No Bid No Bid Portland Harbor JSC -Herbicides (SW-846 8151 Mod, w/ GPC cleanup as needed) No Bid No Bid No Bid No Bid Portland Harbor JSC -Polynuclear Aromatics (SW-846 8270-SJM, w/ GPC cleanup as needed) No Bid No Bid No Bid No Bid Portland Harbor JSC -Phthalates (SW-846 8270,SIM, w/ GPC cleanup as needed) No Bid No Bid No Bid No Bid TPH Diesel & Oil Ranges (NWTPH-Dx) Washington & Oregon No Bid No Bid No Bid No Bid NJQAM No Bid No Bid No Bid No Bid 8270 SIM -Required to Meet NJ Groundwater Quality Criteria No Bid No Bid No Bid No Bid OTHER Dissolved Methane (RSK 175) $ 45.00 No Bid No Bid $ 45.00 Method 3810 as an option to RSK New Jersey Specific No Bid No Bid No Bid No Bid Carbon Dioxide (COZ) (RSK 175) No Bid No Bid No Bid No Bid Coliform Bacteria, presence/absense (drinking water) SM 92238 $ 12.00 $ .12.00 $ 12.00 No Bid Coliform Bacteria, quantified, plus fecal coliform SM 9221E $ 18.00 $ 18.00 $ 18.00 No Bid Compositing Fee (per container) $ 5.00 $ 5.00 $ 5.00 No Bid Individual encore No Bid $ 8.00 No Bid No Bid Terra Core kit per sample No Bid $ 8.00 No Bid No Bid Encore soil container processing fee Included Included Included Included Disposal fee. Applies If over half of containers on hold. Price per container Included Included included Included Extract and hold sample, with no analysis $ 10.00 $ 10.00 $ 10.00 No Bid Crushing & Homogenizing sample $ 5.00 $ 5.00 $ 5.00 No Bid Fiitration In Lab Included . Included Included No Bid Silica Gel Cleanup $ 15.00 $ 15.00 $ 15.00 No Bid [C:ONF1DENTiAL] AIR T0-3 No Bid No Bid No Bid $ 45.00 T0-14 No Bid No Bid No Bid $ 65.00 T0-15 medium level ' No Bid No Bid No Bid $ 75.00 TO-lSSIM No Bid No Bid No Bid $ 85.00 T0-15 Low level No Bid No Bid No Bid $ 75.00 ASTMD1946 No Bid No Bid No Bid $ 40.00 Summa Canister Rental Batch Certified No Bid No Bid No Bid $ 15.00 Summa Canister Rental lndiviudally Certified No Bid No Bid No Bid $ 20.00 Flow Controller Rental No Bid No Bid No Bid $ 15.00 Notes: •• If NJGWQC needed, SIM will be needed at additional ••• Suaaest addina QAM/EPH method for NJ • This cost is in addition to the 625 or 8270 run. ;:,,. SURVEYING, INC. Fee Schedule FEES FOR PROFESSIONAL SERVICES HOURLY RATE SCHEDULE (A) CLASSIFICATION RATE* OVERTIME/ NIGHTWORK SURVEYING 3-Man Survey Crew $ 290.00 Per Hour $ 395.00 Per Hour 2-Man Survey Crew $ 215.00 per Hour $ 295.00 Per Hour 1-Man Survey Crew $ 155.00 Per Hour $ 194.00 Per Hour OFFICE SURPPORT · Licensed Surveyor $ 160.00 Per Hour $ 160.00 Per Hour Project Manager $ 130.00 Per Hour $ 150.00 Per Hour Project Surveyor $ 125.00 Per Hour $ 145.00 Per Hour GADD Operator $ 115.00 Per Hour $ 135.00 Per Hour Clerical $ 70.00 Per Hour $ 82.00 Per Hour MISCELLANEOUS Outside Services Actual Cost n/a Per Diem Actual Cost n/a Mobilization n/a n/a * 3% annual rate increase It is understood and agreed that the aforementioned rates and charges include all normal equipment and materials used in connection with the production of the required professional services. ESP Surveying, Inc. will furnish monthly billings for all services rendered and supplies furnished in accordance with the above compensation provisions. Invoice payment upon receipt due Net 30. ESP Surveying, Inc. • 5654 S. Elm Avenue • Fresno, California 93706 • Phone {559) 442-0883 • Fax (559) 442-0884 • www.espls.com Integrated Wastestream Management, Inc. 1945 Concourse Drive San Jose, CA 95131-1708 Phone: 408.433.1990 Fax: 408.433.9521 PRICE LIST FOR CITY OF FRESNO (Valid 11/23/16 thru End of ~roJect Contract) Drum Transportation & Disposal Item Description Unit Price Unit Profile/Management Fee (Non-Hazardous) $75.00 Per Matrix Profile/Management Fee (Hazardous) $100.00 Per Matrix Loadff ransport with Operator $85.00 Per Hour Non-Hazardous Soil Disposal (Class Ill) $135.00 Per Drum Non-Hazardous Soil Disposal (Class II) $150.00 Per Drum Non-Hazardous Water Disposal (<2% Solids) $125.00 Per Drum Non-Hazardous Water Disposal (>2% Solids) $135.00 Per Drum CAL Hazardous Soil or Water Disposal* $250.00 Per Drum *Additional Facility/Fuel Surcharge Fee Apply Bulk Transportation &. Disposal Item Description Unit Price Unit Profile/Management Fee (Non-Hazardous Soil) $75.00 Per Matrix Profile/Management Fee (Hazardous Soil) $100.00 Per Matrix End-Dump with Operator $135.00 Per Hour Disposal of Non-Hazardous Soil (Class Ill) $40.00 Perron Disposal of No.n-Hazardous Soil (Class II) $55.00 Perron Disposal of CAL Hazardous Soil* $150.00 Perron Profile/Management Fee (Non-Hazardous Water) $75.00 Per Matrix Profile/Management Fee (Hazardous Water) $100.00 Per Matrix 5.5K Tanker Truck with Operator $135.00 Per Hour Disposal of Non-Hazardous Water (<2% Solids) $0.60 Per Gallon Disposal of Non-Hazardous Tank Rinsate Water (>2% Solids) $1.00 Per Gallon 3K Vacuum Truck with Operator $150.00 Per Hour Disposal of CAL Hazardous Water* $90.00 Per Gallon *Additional Facility/Fuel Surcharge Fee Apply C:\Users\Tom\Documents\JayDeLeon\Contracts2016\Stantec\City of Fresno\CityofFresno_PriceSheet20!6.doc Daily Rate Bid Sheet -2016 National Exploration Wells SCOPE OF WORK -Day Rate with Adders Pumps Daily Rig Rate* and 1/2 Day Rates (Full Day is considered 10 hours onsite and 1/2 day is considered 5 hours on site) Unit Price Hollow Stern Auge1 Full Day $ 2,300.00 Hollow Stern Auge1 1/2 Day $ 1,850.00 GeoprobE Full Dav $ 1,850.00 GeoprobE 1/2 Day $ 1,400.00 Well Development Rig Full Day $ 1,650.00 Well Development Rig 1/2 Dav $ 1,200.00 Sonic Full Dav . $ 4,500.00 Sonic 1/2 Day $ 4,000.00 Air Knife/Air Vac Full Dav $ 1,850.00 Air Knife/Air Vac 1/2 Day $ 1,400.00 Air Rotary Full Day $ 5,000.00 Air Rotary 112 Day $ 4,500.00 Limited Access Hollow Stern Auge1 Full Dav $ 2,500.00 Limited Access Hollow Stern Auger 1/2 Day $ 2,050.00 Limited Access Sonic Full Day $ 4,500.00 Limited Access Sonic 1/2 Day $ 4,000.00 Adders To Day Rates Above Mobilization I Demobilization -Drilling Rig (greater than 75 miles radius) Per mile $ 5.00 Mobilization I Demobilization -Geoprobe, air knife, and well development rig (greater than 75 mile radiu Per mile $ 5.00 Per Diem (1 man crew) (greater than 75 miles from base Per day $ 125.00 Per Diem (2 man crew) (greater than 75 miles from base Perdav $ 250.00 Per Diem (3 inan crew) (greater than 75 miles from base Per pay $ 375.00 Hydropunch Toolin£ Per day $ 150.00 Sirnulprobe Tooling Per day $ 250.00 2" PVC (sch 40) well construction materials (casing, screen, grout, bentonite, sand, well box, asphalt, ec Per foot $ 21.00 4" PVC (sch 40) well construction materials (casing, screen, grout, bentonite, sand, well box, asphalt, ec Per foot $ 26.00 2" PVC (sch 80) well construction materials (casing, screen, grout, bentonite, sand, well box, asphalt, ec Per foot $ 25.00 4" PVC (sch 80) well construction materials (casing, screen, grout, bentonite, sand, well box, asphalt, ec Per foot $ 30.00 DOT 17H 55 Gallon Drum Each $ 50.00 Traffic Control (note: basic work zone delineation isnduded in field day price) Perdav $ 1,100.00 Concrete Core ( < 1 O' diameter Per location $ 85.00 Concrete Core(> 10" diameter Per location $ 165.00 Concrete Cut (up to 3'x3'x6" Per location $ 165.00 Level C Personal Protective Equipment (PPE Perdav $ 225.00 Forklift (incl in some of the day rates Per day $ 350.00 Front End Loader (incl in some of the day rates Per day $ 350.00 Well Box Replacement (12" diameter Ernco Wheaton)**' Per well $ 350.00 Auxiliary Air Compressor (incl in some of the day rates Per day $ 375.00 Light Tower Per day $ 350.00 TR-30 Coatedmrne Release Bentonite Pellet Per bucket $ 95.00 Visqueen Sheetin£ Per roll $ 145.00 Clean Sand Backfill (air-vac/knife holes Per bag $ 8.00 Asphalt Cold Patch (air-vac/knife holes Perbao $ 8.00 Abandonment Material (2" diameter hole -cement, bentonite Per foot $ 3.00 Abandonment Material (4" diameter hole -cement, bentonite Per foot $ 4.00 Abandonment Material (8" diameter hole -cement, bentonite Per foot $ 6.00 Abandonment Material (1 O" diameter hole -cement, bentonite Per foot $ 10.00 Abandonment Material (12" diameter hole -cement, bentonite Per foot $ 12.00 Surface Abandonment Restoration (concrete patch -up to 3'x3' pac Per location $ 250.00 Note: 3% annual escalation rate per year PACIFIC COAST LOCATORS, INC. 2606 Foothill Blvd., Ste. G, La Crescenta, CA91214 (818) 249-7700 Fax (818) 249-7701 E-mail: guote@pclocators.com Subsurface Utility Investigation -Stantec (for on Call RFQ) Utility Locating Rates: $550.00 minimum includes the first 2 hours. $150.00 per hour charge after that. Half Day rate $750.00 includes· 4 hours Full Day rate $1,550.00 for 8 hours GPS Mapping Rates: $750 minimum includes 4 hours collecting field data and processing in the office to produce a utility figure. $1,500 minimum includes 8 hours collecting field data and processing in the office to produce a utility figure. · · • Time and a Half before 6AM, after 5PM, or Saturday • Double time for over 12 hours or Sunday work • Any special expenses including added insurance riders, will be charged to client. • Required permits, traffic control plans, and similar items are charged as time and materials and vary according to project. • All rates and charges are subject to change per special circumstances. Estimates subject to change when scope of work differs from what was planned. Email quote@pclocators.com or Call: (818)-249-7700 to schedule all work. "Certified technicians to perform a subsurface utility investigation to clear & mark ... out all conductive & non-conductive underground utilities using Electro-Magnetic & Ground Penetrating Radar equipment, 512Hz Sonde transmitters, and Magnetometers. All confirmed utilities will be delineated with color. coded marking paint, chalk, whiskers, and flags. GPS data collected using a Trimble GeoExplorer GPS unit. with Tornado antenna to produce a GIS utility map." This Rate Sheet contains confidential and privileged information for the sole use of client representatives. Any review or distribution by others is strictly prohibited. TEG -Northern California, Inc. July 2016 General Price List for On-Site Services On-Site Mobile Laboratory: Analyses for VOes by EPA 8260 (Ge/MS) I up to 10 analyses per day -one matrix: Additional analyses beyond 10 analyses per day by Ge/MS: Analyses for VOes by EPA 8260 (Ge/MS) -low level reporting limits I up to 8 analyses per day: --Additional analyses with low level reporting limits I beyond 8 analyses per day by Ge/MS: -Analyses forTPH-diesel by EPA 8015m concurrent with voes by Ge/MS: --Analyses forTPH-diesel & motor oil by EPA 8015m concurrent with voes by Ge/MS: --Analyses forTPH-diesel & motor oil by EPA 8015m I up to 10 analyses per day: Additional analyses beyond 10 analyses per day for TPH: Soil Vapor Survey (Collection and Analysis): Sampling depths less than 20 feet (including DTSe protocol): --Analyses for VO es by EPA 8260 (Ge/MS) I up to 10 analyses per day: -Analyses for BTEX, 5 oxygenates, & TPH by EPA 8260 (Ge/MS) I up to 10 analyses per day: Additional analyses beyond 10 analyses per day by Ge/MS: -Analyses for voes by EPA 8260 (Ge/MS) -low level reporting limits I up to 8 analyses per day: Additional analyses with low level reporting limits I beyond 8 analyses per day by Ge/MS: -Analyses for methane by EPA 8015m or Ge/TeD concurrent with voe analyses by Ge/MS: --Analyses for 0 2 , and e02 by Ge/TeD concurrent with VOe analyses by Ge/MS: --Analyses for TPH-diesel by EPA 8015m concurrent with voe analyses by Ge/MS: Sampling depths at 20 feet and greater: --Analyses for voes by EPA 8260 {Ge/MS) I up to 1 O analyses per day: --Analyses for BTEX, 5 oxygenates, & TPH by EPA 8260 {Ge/MS) I up to 10 analyses per day: --Additional analyses beyond 10 analyses per day by Ge/MS: Analyses for VOes by EPA 8260 (Ge/MS) -low level reporting limits I up to 8 analyses per day: --Additional analyses with low level reporting limits I beyond 8 analyses per day by Ge/MS: Sampling -Soil and/or Water and/or Soil Vapor, including Direct Push Sampling: Strataprobe Soil Vapor Sampling (up to 8 hour day on-site): -Soil Vapor Sampling and/or Vapor Sampling Point Installation (up to 8 hour day on-site): Strataprobe Soil & Water Sampling (up to 8 hour day on-site): Soil and/or Water and/or Soil Vapor Sampl_ing /Installation -time over 8 hours per day: Miscellaneous: Mobilization I Demobilization (per vehicle)(minirnum $100): Per Diem (per person): --Screen & Pipe to enhance water retrieval (if required): --Teflon tubing: EDF Geotracker files (current project): EDF Geotracker files (archived data): -Weekend or Night work surcharge: $1995 /day $195 each $1995 /day $195 each $85 I analysis $150 I analysis $1995 /day $150 each $3690 I day $3690/ day $195 each $3690 I day $195 each $75 I analysis $75 I analysis $85 I analysis $4090 I day $4090 I day $195 each $4090 I day $195 each $2095 /day $2095 /day $2095 /.day $275 /hour $2.50 I mile roundtrip $150/day $4.00 I foot $3.00 I foot 10% of lab charge 20% of lab charge 50% 11350 Monier Park Place. Rancho Cordova.· CA 95742 • Phone (916] 853-8010 • Fax (916] 853-8020 Exhibit D Conflict of Interest Code Exhibit D 1 2 3 constitute the conflict of interest codes of each County department except courts. Conflict of Interest forms shall be filed as follows: 1. As required by Government Code Section 87500, subdivision (e), the 4 County Administrative Officer, District Attorney, County Counsel, and Auditor- 5 Controllerrrreasurer-Tax Collector shall file one original of their statements with the County 6 Clerk, who shall make and retain copies and forward the originals to the Farr Polltfcal 7 Practices Commission, which shall be the filing officer. The County Administrative Officer, 8 Dlsbict Attorney, County Counsel, and Auditor-Controllerffreasurer-Tax Collector shall also 9 file one copy of their statements with the Clerk to the Board of Supervisors. ~O 2. As required by Government Code section 87500, subdivision 0), all other 11 department heads shall flle one original of their stataments with their departments. The filing 12 officer of each department shall make and retain a copy of the department head's statement 13 and shall forward the original to the Clerk to the Board of Supervisors. 14 3. All other designated employees shall tile one original of their statements with 15 their departments. 1·6 All statements shall be public records and shall be made avallable for public inspection and reproduction. (Gov. Code,§ 81008.) 17 18 19 20 21 22 23 Adopted at a regular meeHng of the Board of Supervisors, held on the 23rd day of Fe.brne.ry , 19....ll_, by the following vote, to wit Ayes: Supervisors Koligian, Case, Arambula, olmn, Le.vy Noes: None Absent: None. 24 ATTEST: SHJ\IU GREENWOOD, CLERK 25 BOARD OF SUPERVISORS :~.,~~ eputy · 28 File 015123 Agenda /J28 Resolution D99-086 2 EXHIBIT "A" PUBLIC WORKS AND PLANNING Classification Accountant I I II Architect Assistant Rea l Property Agent Associate Real Property Agent Building Inspector I I II Building Plans Eng ineer Capital Projects Division Manager Chief Building Inspector Chief of Field Surveys Community Development Manager Consultant Deputy Director of Planning Deputy Director of Public Works Deputy Director of Resources & Administration Development Services Manager Director of Public Works and Planning Disposal Site Supervisor Engineer I I II I Ill Field Survey Supervisor Housing Rehabilitation Specialist I I 11 Information Technology Analyst I I II I Ill I IV Landfill Operations Manager Planner I I II I Ill Principal Accountant Principal Planner Principal Staff Analyst Public Works and Planning Business Manager Public Works Division Engineer Road Maintenance Supervisor Road Superintendent Senior Accountant Senior Engineer Senior Engineering Technician Senior Information Technology Analyst Senior Planner Category 2 1 1 1 1 1 1 1 1 1 * 1 1 1 1 1 2 1 3 1 2 1 1 1 1 1 1 1 1 1 2 1 2 2 1 Classificati on Senior Staff Ana lyst Senior Systems and Procedures Analyst Staff Analyst I / II / Ill Supervising Accountant Supervising Building Inspector Supervising Engineer Supervising WaterM/astewater Specialist Systems and Procedures Analyst I/ II/ Ill Systems and Procedures Manager Traffic Ma intenance Supervisor Categ ory 1 2 1 1 1 1 1 2 2 2 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation : The Director of Public Works and Planning may determine in writing that a particular consultant, although a "designated position ", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section . Such written determination shall include a description of the consultant's duties and, based upon that description , a statement of the extent of disclosure requirements . The Director of Public· Works and Planning's determination is a pub lic record and shall be retained for public inspection in the same manner and location as this conflict of interest code. EXHIBIT "B" PUBLIC WORKS AND PLANNING 1. Persons in this category shall disclose all reportable investments , interests in real property, sources of income (including gifts), and business positions. Financial interests (other than gifts) are reportable only if located within or subject to the jurisdiction of Fresno County , or if the business entity is doing business or planning to do business in the jurisdiction, or has done bus iness within the jurisdiction at any time during the two years prior to the filing of the statement. Real property shall be deemed to be within the jurisdiction of the County if the property or any part of it is located within or not more than two miles outside the boundaries of the County (including its incorporated cities) or with in two miles of any land owned or used by the County . 2 . Persons in this category shall disclose all reportable investments in , income from (including gifts), and business positions with any business entity which , within the last two years , has contracted or in the future foreseeably may contract with Fresno County through its Pub lic Works and Planning Department, Solid Waste Commissions within the jurisdiction , or to any other joint powers agency which Fresno County is a member to provide services , supplies , materials , machinery, or equipment to the County. 3. Persons in this category shall disclose all interests in real property within the jurisdiction of Fresno County . Real Property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of Fresno County (including its incorporated cities) or within two miles of any land owned or used by the County. < • ' ·...:-_, : i"':i..J Exhibit E Self Dealing Transactions Form Exhibit H SELF-DEALING TRANSACTION DISCLOSURE FORM (1) Company Board Member Information : Name: Date: Job Title: (2) Company/Agency Name and Address: {3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to) (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 {a) (5) Authorized Signature Signature: Date: Exhibit E SELF·DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as MCounty Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing setvices, or both for the County. A self-dealing transaction is defined below: uA self-dealing transaction means a transaction to which the corporation is a parly and which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing the disclosure form. (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Codes. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).