HomeMy WebLinkAboutAgreement A-17-473 with Biggs Cardosa Associates, Inc..pdf
COUNTY OF FRESNO
Fresno, California
07/12/17
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CONSULTANT AGREEMENT
THIS AGREEMENT for Engineering Consultant Services, hereinafter referred to as
“the AGREEMENT,” is made and entered into this ______ day of _____________ 2017,
between the COUNTY OF FRESNO, a political subdivision of the State of Calif ornia,
hereinafter referred to as “the COUNTY”; and Biggs Cardosa Associates, Inc., a California
Corporation, whose address is 5250 N. Palm Avenue, Suite 211, Fresno, CA 93704,
hereinafter referred to as “the CONSULTANT”.
WITNESSETH
WHEREAS, the COUNTY desires to retain the CONSULTANT to provide on-call
engineering consulting services, encompassing structural, mechanical, transportation,
environmental, water resources, surveying, geotechnical and other engineering disciplines,
as necessary to assist the COUNTY in performing projects (hereinafter referred to as “the
PROJECT(S)”) proposed by the COUNTY; and
WHEREAS, said the CONSULTANT has been selected in accordance with the
COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, an d
other professionals, and in accordance with Chapter 10 of the California Department of
Transportation’s (CALTRANS) Local Assistance Procedures Manual (LAPM), to provide
the engineering services necessary for the PROJECTS; and
WHEREAS, the individual listed below
Erin Haagenson, Senior Staff Analyst
2220 Tulare Street, 6th Floor, Fresno, CA 93721
559-600-4528
ehaagenson@co.fresno.ca.us
is designated as the CONTRACT ADMINISTRATOR for the AGREEMENT on behalf of the
COUNTY, 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
WHEREAS, the individual listed below
COUNTY OF FRESNO
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Richard Sanguinetti, Project Manager
5250 N. Palm Avenue, Suite 211
Fresno, CA 93704
(559) 449-8686
rsanguinetti@biggscardosa.com
is designated as the CONSULTANT’S PROJECT MANAGER for the AGREEMENT, and
shall remain so unless the CONSULTANT requests and the DIRECTOR ap proves, in
writing, a change of the CONSULTANT’S PROJECT MANAGER, which approval will not
be unreasonably withheld; and
WHEREAS, said AGREEMENT is subject to 49 Code of Federal Regulations
(hereinafter referred to as “49 CFR”), Part 26 Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs,
Disadvantaged Business Enterprise programs established by other federal agencies and/or
the COUNTY’S Disadvantaged Business Enterprise Program (all of which are hereinafter
referred to as "DBE PROGRAM(S)"),
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 all consultant engineering services required for the PROJECT(S).
Said services are described generally in Article II and more specifically enumerated in
Article III herein.
B. 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, and consistent with schedules established
under Article V.
C. The CONSULTANT’S PROJECT team staff shall be as listed in Appendix A,
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attached hereto and incorporated herein. Any substitutions of personnel must be approved
in advance by the CONTRACT ADMINISTRATOR, which approval shall n ot be
unreasonably withheld. The CONSULTANT shall notify the CONTRACT ADMINISTRATOR
of the names and classifications of employees assigned to each specific PROJECT, and
shall not reassign such employees to other projects of the CONSULTANT without
notification to and prior approval by the CONTRACT ADMINISTRATOR.
D. The CONSULTANT may retain, as subconsultants, specialists in such
engineering disciplines (including, but not limited to, structural, mechanical, transportation,
environmental, water resources, electrical, surveying and geotechnical) as the
CONSULTANT requires to assist in completing the work. All subconsultants used by the
CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before
they are retained by the CONSULTANT, which approval shall not be unreasonably
withheld. The subconsultants listed in Appendix B, attached hereto and incorporated
herein, shall be considered as approved by the CONTRACT ADMINISTRATOR. Should
the CONSULTANT retain any subconsultants, the maximum amount of compensation to
be paid to the CONSULTANT under Article VI below shall not be increased. Any additional
compensation to be paid to the CONSULTANT for such subconsultants’ work shall be
limited to administrative time as defined in the fee proposal. Additional fees other than
those defined in the fee proposal shall not be reimbursed.
E. The CONSULTANT and affiliated subconsultants shall not submit bids, or sub -
bids, for the contract construction phase of the PROJECT (S) assigned to the
CONSULTANT. 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 (hereinafter referred to as “contractor”) for all or any
portion of the 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 contractor who has been awarded a
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construction contract for all or any portion of the PROJECT(S), provided that any such
services which are rendered, and any compensation which is received therefor, relates to
work outside the scope of the AGREEMENT and does not pose a conflict of interest.
F. Any subcontract in excess of $25,000 e ntered into as a result of the
AGREEMENT, shall contain all the provisions stipulated in the AGREEMENT to be
applicable to subcontractors.
G. The CONSULTANT is responsible for being fully informed regarding the
requirements of 49 CFR, Part 26 and the CALTRANS Disadvantaged Business Enterprise
program developed pursuant to the regulations, as detailed in Appendix C, attached hereto
and incorporated herein.
II. DESCRIPTION OF THE WORK COVERED BY THE AGREEMENT
A. The work to be performed by the CONSULTANT under the AGREEMENT
includes on-call professional services under Article III for various COUNTY Public Works
PROJECTS, including but not limited to, general civil and transportation engineering,
structural engineering, geotechnical engineering and materials testing, water resources
engineering, electrical and control systems engineering, and surveying. Work on roads
and bridges shall be done in accordance with American Association of State Highway and
Transportation Officials (AASHTO) requirements for applicable structures. All projects
funded wholly or in part by CALTRANS must conform to all requirements by CALTRANS
and Federal Highway Administration (FHWA) as contained in Section 11 of CALTRANS
LAPM Volume 1.
B. The CONSULTANT agrees to provide the professional services that are
necessary for each PROJECT when expressly authorized in writing by the CONTRACT
ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the
CONSULTANT has received a written Notice to Proceed from the CONTRACT
ADMINISTRATOR authorizing the necessary service, agreed upon fee, and scope of work.
III. CONSULTANT'S SERVICES
The CONSULTANT shall submit proposals in response to requests issued by the
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CONTRACT ADMINISTRATOR on a project-by-project basis. The CONSULTANT’S
proposal at a minimum shall include, but not be limited to, staff qualifications, proposed
method and schedule for completing the task(s), completed federal fo rms and a sealed
cost proposal. 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 that are necessary to complete the following tasks when
expressly authorized in writing by the CONTRACT ADMINISTRATOR:
A. Technical Reports:
1. Ascertain the requirements for Technical Reports through meetings with
the CONTRACT ADMINISTRATOR and a review of existing information on the
PROJECT(S).
2. The CONSULTANT shall prepare and submit technical reports to the
CONTRACT ADMINISTRATOR for each assigned PROJECT. Technical reports shall be
prepared in accordance with the appropriate format required by local, state and federal
laws, regulations and guidelines.
3. When requested by the CONTRACT ADMINISTRATOR, the
CONSULTANT shall 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 meetings attended and promptly submit the minutes to the
CONTRACT ADMINISTRATOR within seven (7) days.
4. The CONSULTANT shall submit each technical report to the CONTRACT
ADMINISTRATOR for transmittal to other appropriate agencies for their review and
approval. The CONSULTANT shall revise and resubmit each technical report as
necessary until approved by all appropriate agencies. Standard submittal shall be five (5)
reproducible copies and one (1) electronic copy of each technical report. The
CONSULTANT shall verify compatible format and quantity prior to final delivery.
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5. The CONSULTANT shall prepare technical studies and estimates on 8 ½”
by 11” pages, provide hard copy and electronic format as standard submittal; and prepare
documents in Microsoft Word 2010 or later, Microsoft Excel 2010 or later, or Adobe 9.0 or
later, or other mutually agreed upon format. Such submittals shall be furnished on
compact disc (CD). The CONSULTANT shall verify compatible format and quantity prior to
final delivery.
6. The CONSULTANT shall submit five (5) hard copies of each drawing
prepared with AutoCAD Civil 3D, version 2013 or later and an electronic copy in the form of
.DXF or .DWG files. Such submittals shall be furnished on CD. The CONSULTANT shall
verify a compatible format prior to final file delivery.
B. Prepare Design Plans, Technical Specifications and Construction Estimate:
The CONSULTANT shall:
1. Ascertain the requirements for the assigned PROJECT(S) through
meetings with the CONTRACT ADMINISTRATOR and a review of an existing schematic
layout of the PROJECT(S).
2. Ascertain any requirements, unforeseen criteria, or issues for the
PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR and
communicate these requirements, criteria, or issues to the CONTRACT ADMINISTRATOR.
3. Provide surveying, if needed, for the PROJECT(S).
4. Design the PROJECT(S) to conform to requirements of the reviewing
agencies having jurisdiction over the PROJECT(S).
5. Design the 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 the PROJECT budget. Upon the written request of the
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
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budget or estimate.
7. Assist the COUNTY in determining all permits that may be required for the
PROJECT and prepare all necessary permits for the COUNTY’S submittal to outside
agencies.
8. Work with the CONTRACT ADMINISTRATOR to ensure that the plans,
specifications and estimate meet all requirements to be advertised for construction bids.
9. Prepare a detailed estimate, which shall identify the construction
components and requirements of the PROJECT.
10. If required by approval agencies, submit to the COUNTY in the
appropriate agency forms, the PROJECT background information and recommended
testing and inspection list for materials to be used, identifying type, quantity, frequency, and
schedule, for each PROJECT. Submit required numbers of sets of plans, specifications,
and other documents required by approval agencies to the CONTRACT
ADMINISTRATOR.
11. Prepare technical specifications and estimate setting forth in detail the
work to be done, the materials, workmanship, and equipment required for the other
components of construction necessary to provide the COUNTY complete and functional
the PROJECTS for its intended purpose within the requirements of the AGREEMENT.
12. Assist the CONTRACT ADMINISTRATOR in developing base bid and
additive bid item schedules.
13. Submit to the CONTRACT ADMINISTRATOR the projected and final
construction estimate. Verify 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 control length of
construction contract.
14. Respond to Requests for Clarification during the bidding process and
submit to the CONTRACT ADMINISTRATOR for review and approval any additional
specifications, clarifications, or additional plan sheets deemed necessary. Responses
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should be submitted within three (3) working days of receipt.
15. Assist the CONTRACT ADMINISTRATOR in evaluating the bids
received.
16. Delete or otherwise change portions of the construction work at the
request of the CONTRACT ADMINISTRATOR if the lowest bid proposal for the
construction contract exceeds the COUNTY approved engineer’s estimate (which will
include the CONSULTANT’S design contingency amount approved by the COUNTY) by
10% or more; and if the COUNTY rejects all bids, 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 COUNTY, and the CONSULTANT will be
compensated on a time and materials basis, as agreed to in writing, by the COUNTY and
the CONSULTANT.
17. Submit to the CONTRACT ADMINISTRATOR 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 CONTRACT
ADMINISTRATOR examples of acceptable drafting format and reproducible standards.
Verification of compatible format will be required prior to final file delivery. The CONTRACT
ADMINISTRATOR, at his/her discretion, may reject a submittal that is determined
insufficient.
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 also shall address
comments and include necessary revisions as identified by the CONTRACT
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ADMINISTRATOR 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 the PROJECT details, and also shall address
comments and include necessary revisions as identified by the CONTRACT
ADMINISTRATOR in the 60% review.
d. Final original plans, specifications and estimates to be delivered to
the CONTRACT ADMINISTRATOR 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.
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.
18. Plan sheets, cross sections, earthwork calculations and slope stake
information shall be in AutoCAD Civil 3D, version 2013 or later. 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
CALTRANS State Standard Specifications. Verification of compatible format will be
required prior to final file delivery.
19. The COUNTY will package the CONSULTANT’S documents with those
other documents that together will comprise the COUNTY’S construction contract and bid
specifications.
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20. The CONSULTANT shall deliver to the CONTRACT ADMINISTRATOR
three (3) weeks prior to the advertising date (which will be determined by the CONTRACT
ADMINISTRATOR) the final completed original drawings and specifications for the
COUNTY’S printing and distribution of bid sets to interested prospective contractors. The
original drawings and specifications index sheet shall be stamped by a seal with the
CONSULTANT’S and subconsultant’s license numbers and license renewal dates and/or
signed in accordance with the California Business and Professions Code.
C. Construction Observation Services:
The CONSULTANT shall:
1. Attend the preconstruction conference scheduled by the CONTRACT
ADMINISTRATOR.
2. When requested by the CONTRACT ADMINISTRATOR, attend meetings
with the COUNTY, and/or any federal, state and/or local representatives. The
CONSULTANT shall prepare brief minutes of all meetings attended and promptly 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 construction contractor and all other matters relating to the execution and progress of
work, including interpretation of the contract documents for the PROJECT.
4. Within seven (7) calendar days of the COUNTY'S request, review and
make recommendations for samples, schedules, shop drawings, and other submissions for
general conformance with the design concept of the PROJECT(S) and for general
compliance with the plans and specifications and information provided by the contract
documents for the PROJECT.
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
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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 Appendix D hereto. Any assistance provided by the
CONSULTANT as described in this Article III, Section C, Paragraph 7 shall be subject to
the provisions of Article VI, hereinafter, and shall also be subject to the following:
a. The DIRECTOR may believe the CONSULTANT'S work under the
AGREEMENT to have included negligent errors or omissions, or that the CONSULTANT
may otherwise have failed to comply with the provisions of the AGREEMENT, either
generally or in connection with its duties as associated with a particular PROJECT; and
that the cause(s) for a claim by the construction contractor may be attributable, in whole or
in part, to such conduct on the part of the CONSULTANT. Upon notice by the DIRECTOR,
the payments to the CONSULTANT for such arguably deficient 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
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accordance with the procedure outlined in Article VI, Section B, Paragraph 2.
8. At intervals appropriate to the stage of construction, or as otherwise
deemed necessary by the CONSULTANT, visit the site of the 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 give direction to the Construction Inspector as hereinafter more specifically
provided. 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.
10. Submit progress reports on each specific PROJECT in accordance with
the task order. These reports shall be submitted at least once a month. The report shall be
sufficiently detailed for CONTRACT ADMINISTRATOR to de termine if the CONSULTANT
is performing to expectations or is on schedule, to provide communication of interim
findings, and so sufficiently address any difficulties or special problems encountered so
remedies can be developed.
11. Advise the CONTRACT ADMINISTRATOR 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. Conduct site visits and field observations to facilitate r ecommendations
by the CONSULTANT regarding:
a. dates of substantial completion.
b. dates of final completion.
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c. the DIRECTOR’S acceptance of the work.
d. the DIRECTOR’S filing of the Notice of Completion and Issuance of
Final Certificate for payment.
e. other issues which may require site visits.
D. Control of Construction Project Site
The COUNTY agrees that in accordance with generally accepted practices, the
COUNTY’S construction contractor will be required to assume sole and com plete
responsibility for job site conditions during the course of construction projects; including
safety of all persons and property, and that this requirement shall be made to apply
continuously during projects and 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.
IV. OBLIGATIONS OF THE COUNTY
The COUNTY will:
A. Issue task orders on a project-by-project basis. Task orders will at a minimum
include scope of work, location, and schedule for the PROJECT.
B. Provide the CONSULTANT with a PROJECT Scope and Schedule, and
compensate the CONSULTANT as provided in the AGREEMENT.
C. Provide an individual CONTRACT ADMINISTRATOR to serve as a
representative of the COUNTY who will coordinate and communicate with the
CONSULTANT, to the extent appropriate, to facilitate the CONSULTANT’S performance of
its obligations in accordance with the provisions of the AGREEMENT.
D. Provide basic plan sheet layouts as required.
E. Examine documents submitted to the COUNTY by the CONSULTANT and timely
render decisions pertaining thereto.
F. Provide aerial photographs as required.
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G. Provide copies of any available existing as-built plans and right-of-way drawings
from the COUNTY’S files.
H. Provide mailing lists and labels for notification of property owners upon the
CONSULTANT’S request.
I. Provide preliminary engineering survey data on existing structures and
topographic mapping in AutoCAD Civil 3D, version 2013 or later, format to the
CONSULTANT, if available.
J. Prepare all legal descriptions and drawings required for right-of-way acquisition
and/or temporary construction permits.
K. Provide limited assistance to CONSULTANT, as may be appropriate under the
circumstances, in connection with CONSULTANT’S processing of required permits.
L. Give reasonably prompt consideration to all matters submitted for approval by
the CONSULTANT to the end that there will be no substantial delays in the
CONSULTANT’S program of work. An approval, authorization or request to the
CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms
of the AGREEMENT only if it is made in writing and signed on behalf of the COUNTY by
CONTRACT ADMINISTRATOR.
V. TERM OF AGREEMENT / PERFORMANCE PERIOD
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 the execution date. This AGREEMENT may be extended for two additional consecutive
twelve-month periods upon written approval of both parties no later than thirty (30) days
prior to the first day of the next twelve-month extension period. The DIRECTOR or his or
her designee is authorized to execute such written approval on behalf of COUNTY based
on CONSULTANT’S satisfactory performance. The CONSULTANT shall commence work
promptly after receipt of a notice to proceed issued by the CONTRACT ADMINISTRATOR.
B. The CONSULTANT is advised and hereby acknowledges its understanding that
any recommendation for award is not binding on the COUNTY until the AGREEMENT is
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fully executed following its approval by the COUNTY’s Board of Supervisors.
VI. ALLOWABLE COSTS AND PAYMENTS
A. Total Fee:
1. Notwithstanding any other provisions in the AGREEMENT, the Total Fee
for the services required under the AGREEMENT, shall not exceed the total sum of Nine
Hundred Thousand and No/000 Dollars ($900,000.00) over the entire term of the
AGREEMENT. Compensation for the services
rendered shall be computed at the hourly and cost rates shown in Appendix D, subject to
any adjustments that may be approved in accordance with Article VI, 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 the
AGREEMENT unless adjusted in accordance with the provisions of Article V I, 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: the
CONSULTANT may request new labor rates and new rate s for expenses incidental to the
CONSULTANT’S and subconsultant’s performance of services subject to written approval
of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article V I,
Section A, Paragraph 3. 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 and subconsultants wage classifications and proposed rates for incidental
expenses listed in Appendix D. The proposed adjusted fee schedule shall not take effect
unless approved in writing by the CONTRACT ADMINISTRATOR. The CONSULTANT
hereby acknowledges its understanding that approval by the CONTRACT
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ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide
a basis for any increase in the total fee of $900,000.00, as set forth in Article VI, Section A,
Paragraph 1.
4. Expenses incidental to the CONSULTANT’S and subconsultant’s
performance of services under Article III of the AGREEMENT shall be charged at the rates
listed in Appendix D, subject to any adjustments that may be approved in accordance with
Article VI, Section A, Paragraphs 3, 5, or 6. Unless incorpora ted in an adjusted fee
schedule approved by the CONTRACT ADMINISTRATOR in accordance with Article VI,
Section A, Paragraphs 3, 5, or 6, all other expenses incidental to the CONSULTANT’S and
any subconsultant’s performance of the services under Article III of the AGREEMENT that
are not listed in Appendix D shall be borne by the CONSULTANT.
5. In the event that, in accordance with Article I, Section D, the CONTRACT
ADMINISTRATOR approves the CONSULTANT to retain additional subconsultants not
listed in Appendix 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 VI, 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 the CONTRACT ADMINISTRATOR’S approval of
the retention of such additional subconsultant(s) by the CONSULTANT.
6. Notwithstanding any other provisions in the AGREEMENT, the
CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the
CONSULTANT’S or subconsultant’s list of rates for incidental expenses to include
additional categories of such expenses if, in the opinion of the CONTRACT
ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT’S
performance of the PROJECT (S).
B. Payments:
1. Progress payments will be made by the COUNTY upon receipt of the
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CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR
thereof based on the CONTRACT ADMINISTRATOR’S evaluation of the completion of the
respective components of the assigned PROJECT. Invoices shall clearly identif y the
Phase and Task of the work, and the date(s) on which the work was performed, and shall
be submitted with the documentation identified in Article VI, Section B, Paragraph 5.
Invoices shall be forwarded electronically to: PWPBusinessOffice@co.fresno.ca.us
2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR will
take a maximum of ten (10) working days 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, if
applicable, will be issued to the CONSULTANT within forty (40) calendar days of the date
the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice.
3. The COUNTY is entitled to withhold a five percent (5%) retention from the
CONSULTANT’S earned compensation in accordance with the provisions of Article VII of
the AGREEMENT.
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, except as otherwise specified in
Article VII, 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 do hereby expressly disclaim any such status or rights.
6. Final invoices, and separate invoices for retentions, shall be submitted to
CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase is completed.
Payment for retentions, if any, shall not be made until all services for the phase are
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completed.
7. In the event the DIRECTOR reduces the scope of the CONSULTANT’S
work under the 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 and accepted by the DIRECTOR in accordance with the terms of the
AGREEMENT.
VII. RETENTION FROM EARNED COMPENSATION
In addition to any amounts withheld under Article III, the CONSULTANT agrees that
the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five
percent (5%) retention from the earned compensation of the CONSULTANT. 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 the
PROJECT by the CONSULTANT and will identify the PROJECT-specific prerequisites
(such as successful completion of a PROJECT phase, as an example) for the release of
retentions.
VIII. TERMINATION
A. The AGREEMENT may be terminated without cause at any time by the
COUNTY upon thirty (30) calendar days’ written notice . If the COUNTY terminates the
AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily
completed to the date of termination b ased upon the compensation rates and subject to
the maximum amounts payable agreed to in Article VI, 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.
B. If the CONSULTANT purports to terminate the AGREEMENT, or otherwise
refuses to perform pursuant to the AGREEMENT, for reasons other than material breach
by the COUNTY, the CONSULTANT shall reimburse the COUNTY, up to a maxim um of
$10,000 for the actual expense of issuing a Request For Proposal (RFP), engaging a new
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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.
C. The COUNTY may immediately suspend or terminate the AGREEMENT in
whole or in part, where in the determination of the COUNTY there is:
1. An illegal or improper use of funds;
2. A failure to comply with any term of the AGREEMENT;
3. A substantially incorrect or incomplete report submitted to the COUNTY;
4. Improperly performed service.
D. In no event shall any payment by the COUNTY constitute a waiver by the
COUNTY of any breach of the AGREEMENT or any default which may then exist on the
part of the CONSULTANT, nor shall such payment impair or prejudice any remedy
available to the COUNTY with respect to the breach or default. The DIRECTOR shall have
the right to demand of the CONSULTANT the repayment to the COUNTY of any funds
disbursed to the CONSULTANT under the AGREEMENT, which, in the judgment of the
DIRECTOR and as determined in accordance with the procedures of Article XVI, were not
expended in accordance with the terms of the AGREEMENT. The CONSULTANT shall
promptly refund any such funds upon demand.
E. The terms of the AGREEMENT, and the services to be provided thereunder, are
contingent on the approval of funds by the appropriating government agency. Should
sufficient funds not be allocated, the services provided may be modified, or the
AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days advance
written notice. In the event of termination on the basis of this Paragraph, the
CONSULTANT’S entitlement to payment, in accordance with the payment provisions set
forth hereinabove, shall apply only to work performed by the CONSULTANT prior to rec eipt
of written notification of such non-allocation of sufficient funding.
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IX. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that the AGREEMENT may have
been written before ascertaining the availability of funds or appropriation of funds, for the
mutual benefit of both parties, in order to avoid program and fiscal delays that would occur
if the AGREEMENT were executed after that determination was made.
B. The AGREEMENT is subject to any additional restrictions, limitations, cond itions,
or any legislation enacted by the Congress, State Legislature or County Board of
Supervisors that may affect the provisions, terms, or funding of the AGREEMENT in any
manner.
C. It is mutually agreed that if sufficient funds are not appropriated, the
AGREEMENT may be amended to reflect any reduction in funds.
D. The COUNTY has the option to void the AGREEMENT under the 30 -day
cancellation clause, or to amend the AGREEMENT by mutually acceptable modification of
its provisions to reflect any reduction of funds.
X. CHANGE IN TERMS
A. The AGREEMENT may be amended or modified only by mutual written
agreement of both parties. Except as provided in Article V, Section A, any such written
amendment to the AGREEMENT may be approved on the COUNTY’s beh alf only by its
Board of Supervisors.
B. The CONSULTANT shall only commence work covered by an amendment after
the amendment has been fully executed and written notification to proceed has been
issued by the CONTRACT ADMINISTRATOR.
XI. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. The CONSULTANT must give consideration to Disadvantaged Business
Enterprise (hereinafter referred to as “DBE”) firms as specified in 23 Code of Federal
Regulations (hereinafter referred to as “CFR”) Section 172.5(b), and in 49 CFR, Part 26.
The CONSULTANT must meet the DBE goal established for PROJECTS by using DBEs
as subconsultants or document a good faith effort to have met the goal. If a DBE
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subconsultant is unable to perform, the CONSULTANT must make a good faith effort to
replace him/her with another DBE subconsultant if the goal is not otherwise met.
B. The CONSULTANT is responsible for being fully informed regarding the
requirements of Title 49 CFR, Part 26 and CALTRANS’ Disadvantaged Business
Enterprise program developed pursuant to the regulations, as detailed in Appendix C,
Notice to Proposers DBE Information, attached hereto and incorporated herein.
C. A DBE subconsultant may be terminated only with written approval by the
CONTRACT ADMINISTRATOR and only for reasons specified in 49 CFR Section 26.53(f).
Prior to requesting the CONTRACT ADMINISTRATOR consent for the proposed
termination, the CONSULTANT must meet the procedural requirements specified in 49
CFR Section 26.53(f).
XII. COST PRINCIPLES
A. The CONSULTANT agrees that the Contract Cost Principles and Procedures,
Title 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq.
(Appendix E), shall be used to determine the allowability of cost for individual items.
B. The CONSULTANT also agrees to comply with federal procedures in
accordance with Title 49 CFR, Part 18, Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments.
C. Any costs for which payment has been ma de to the CONSULTANT that are
determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by the CONSULTANT to the COUNTY.
XIII. COVENANT AGAINST CONTINGENT FEES
A. The CONSULTANT warrants, by execution of the AGREEMENT, that the
CONSULTANT has not employed or retained any company or person, other than a bona
fide employee working for the CONSULTANT; to solicit or secure the AGREEMENT; and
that CONSULTANT has not paid or agreed to pay any company or person other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
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consideration, contingent upon or resulting from the award or formation of the
AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right
to annul the AGREEMENT without liability, and to pay only for the value of the work
actually performed by the CONSULTANT, or alternatively in the COUNTY’s discretion, to
deduct from the contract price or consideration, or otherwise recover the full amount of
such any such commission, percentage, brokerage fee, gift, contingent fee or similar form
of consideration previously paid by the CONSULTANT.
XIV. RETENTION OF RECORDS/AUDIT
A. For the purpose of determining the sufficiency of the CONSUTLANT’S
performance of the contract (and compliance with Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when
applicable), the CONSULTANT, subcontractors, and the COUNTY, and each of them, shall
maintain all books, documents, papers, accounting records, and other evidence perta ining
to the performance of the AGREEMENT, including but not limited to, the costs of
administering the AGREEMENT.
B. All parties shall make such materials available at their respective offices at all
reasonable times throughout the entirety of the contract term and for three years from the
date of final payment under the contract, pursuant to Governm ent Code 8546.7. The state,
the State Auditor, the COUNTY, Federal Highway Administration, or any duly authorized
representative of the federal government shall have access to any books, records, and
documents of the CONSULTANT that are pertinent to the co ntract for audit, examinations,
excerpts, and transactions, and copies thereof shall be furnished if requested. It shall be
the responsibility of the CONSULTANT to ensure that all subcontracts in excess of
$25,000 shall contain this provision.
C. The CONSULTANT and subconsultants’ contracts, including cost proposals and
indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a
Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA)
ICR Audit Workpaper Review. If selected for audit or review, the AGREEMENT, cost
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proposal and ICR and related workpapers, if applicable, will be reviewed to verify
compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances
of a CPA ICR Audit Workpaper Review it is the CONSULTANT’S responsibility to ensure
federal, state, or local government officials are allowed full access to the CPA’s
workpapers. The AGREEMENT, cost proposal, and ICR shall be adjusted by the
CONSULTANT and approved by the CONTRACT ADMINISTRATOR to conform to the
audit or review recommendations. The CONSULTANT agrees that individual terms of costs
identified in the audit report shall be incorporated into the AGREEMENT by this reference if
directed by the COUNTY at its sole discretion. Refusal by the CONSULTANT to
incorporate audit or review recommendations, or to ensure that the Federal, State, or local
governments have access to CPA workpapers, will be considered a breach of the
AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of
prior reimbursed costs.
XV. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit
of the AGREEMENT that is not disposed of by agreement between the parties, shall be
reviewed by the COUNTY’s Auditor/Controller/Treasurer/Tax-Collector.
B. Not later than 30 days after issuance of the final audit report, the CONSULTANT
may request a review by the COUNTY’s Auditor/Controller/Treasurer/Tax-Collector of
unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by the COUNTY will
excuse the CONSULTANT from full and timely performance, in a ccordance with the terms
of the AGREEMENT.
D. The CONSULTANT and subconsultants’ contracts, including cost proposals and
indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a
Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA)
ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal
and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48
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CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit
Workpaper Review it is the CONSULTANT’s responsibility to ensure federal, state, or local
government officials are allowed full access to the CPA’s workpapers. The AGREEMENT,
cost proposal, and ICR shall be adjusted by the CONSULTANT and approved by the
CONTRACT ADMINISTRATOR to conform to the audit or review recommendations. The
CONSULTANT agrees that individual terms of costs identified in the audit report shall be
incorporated into the contract by this reference if directed by the COUNTY at its sole
discretion. Refusal by the CONSULTANT to incorporate audit or review recommendations,
or to ensure that the Federal, State, or local governments have access to CPA workpapers,
will be considered a breach of contract terms and cause for terminatio n of the
AGREEMENT and disallowance of prior reimbursed costs.
XVI. 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 an agreement with
the COUNTY.
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 an error or
omission by the CONSULTANT.
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
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negligent error, act, or omission, of the CONSULTANT.
1. Claims, disputes or other matters in question between the parties, arising
out of or relating to the 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
Article XVI, Section B, Paragraph 2, the disputed issues may, upon concurrence by all
parties, be submitted to a panel of three (3) 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 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 a gain 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.
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C. The procedures to be followed in the resolution of claims and dis putes may be
modified any time by mutual agreement of the parties hereto.
D. The CONSULTANT shall continue to perform its obligations under the
AGREEMENT pending resolution of any dispute, and the COUNTY shall continue to make
payments of all undisputed amounts due under the 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 o f the claim has been
provided.
XVII. SUBCONTRACTING
A. The CONSULTANT shall perform the work contemplated with resources
available within its own organization; and no portion of the work pertinent to this contract
shall be subcontracted without prior written authorization by the CONTRACT
ADMINISTRATOR, excepting only those portions of the work and the responsible
subconsultants that are expressly identified in Appendix B hereto.
B. Any subcontract in excess of $25,000 entered into by CONSULTANT, pertaining
to work to be performed under the AGREEMENT, shall contain all of the provisions
stipulated in the AGREEMENT to be applicable to subconsultants.
C. Any substitution of subconsultant(s) must be approved in writing by the
CONTRACT ADMINISTRATOR prior to the start of work by such subconsultant(s).
XVIII. EQUIPMENT PURCHASE
A. Prior authorization in writing, by the CONTRACT ADMINISTRATOR shall be
required before the CONSULTANT enters into any unbudgeted purchase order, or
subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such
costs.
B. Prior authorization by the CONTRACT ADMINISTRATOR shall be required for
purchase of any item, service or consulting work in excess of $5,000 that is not covered in
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the CONSULTANT’S Cost Proposal; and the CONSULTANT’S request must be
accompanied by at least three competitive quotations, unless the absence of bidding is
adequately justified, to the satisfaction of the CONTRACT ADMINISTRATOR in his or her
discretion, by written explanation provided by the CONSULTANT with its submittal.
C. Any authorized purchase of equipment as a result of the AGREEMENT is
subject to the following: “The CONSULTANT shall maintai n an inventory of all
nonexpendable property. Nonexpendable property is defined as having a useful life of at
least two years and an acquisition cost of $5,000 or more. If the purchased equipment
needs replacement and is sold or traded in, the COUNTY shall receive a proper refund or
credit at the conclusion of the contract, or if the contract is terminated, the CONSULTANT
may either keep the equipment and credit the COUNTY in an amount equal to its fair
market value, or sell such equipment at the best price obtainable at a public or private sale,
in accordance with established COUNTY procedures; and credit the COUNTY in an
amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair
market value shall be determined at the CONSULTANT’S expense, on the basis of a
competent independent appraisal of such equipment. Appraisals shall be obtained from an
appraiser mutually agreeable to by the COUNTY and the CONSULTANT, if it is determined
to sell the equipment, the terms and conditions of such sale must be approved in advance
by the COUNTY.” Title 49 CFR, Part 18 requires a credit to Federal funds when
participating equipment with a fair market value greater than $5,000.00 is credited to the
PROJECT.
XIX. INSPECTION OF WORK
The CONSULTANT and any subcontractor shall permit the COUNTY, the state, and
the FHWA to review and inspect the PROJECT activities and files at all reasonable times
during the performance period of the AGREEMENT including review and inspection on a
daily basis.
XX. LIABILITY INSURANCE
A. Without limiting the COUNTY’S right to obtain indemnification from the
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CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain
in full force and effect, the following insurance policies prior to commenceme nt of any work
for the COUNTY and, thereafter, throughout the entire term of the AGREEMENT (with the
exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full
force and effect for the additional period of time required by A rticle XX, Section A,
Paragraph 4).
1. Commercial General Liability Insurance with limits not less than One
Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of not less than
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 the AGREEMENT.
2. Comprehensive 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 the AGREEMENT.
3. Worker's Compensation insurance policy as required by the California
Labor Code.
4. Professional Liability Insurance:
a. If the CONSULTANT employs licensed professional staff in
providing services, Professional Liability Insurance with limits of 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 determined by the COUNTY.
c. The CONSULTANT shall obtain endorsements to the Commercial
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General Liability insurance naming the COUNTY, its officers, agents, and employees,
individually and collectively, as additional insured, but only i nsofar 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 CONSULTANT shall give the
COUNTY 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.
d. 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 tha t 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 inso far as the operations under
the AGREEMENT are concerned; that such coverage for additional insured shall apply as
primary insurance and any other insurance, or se lf-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. All certificates shall clearly indicate the COUNTY’S iden tifying Contract
Number for the AGREEMENT, and the certificates shall be sent to the attention of the
CONTRACT ADMINISTRATOR.
e. In the event the 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, suspend or terminate the AGREEMENT upon the occurrence of such event.
f. All policies shall be issued by admitted insurers licensed to do
business in the State of California, and all such insurance shall be purchased from
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companies possessing a current A.M. Best, Inc. rating of A and FSC VII or better.
XXI. HOLD HARMLESS
A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY, its
officers, agents, and employees, against the payment of any and all costs and expenses
(including reasonable attorney fees and court costs), damages, claims, suits, losses, and
liability for bodily and personal injury to or death of any person or for loss of any property
resulting from or arising out of any negligent or wrongful acts, errors or omissions of the
CONSULTANT, its officers, agents, and employees, in performing or failing to perform any
work, services, or functions under the AGREEMENT.
B. The COUNTY and the CONSULTANT hereby declare their mutual intent to
cooperate in the defense of any claim, suit, or other action alleging liability, arising from the
negligent performance or failure to perform of any COUNTY construction contractor or
subcontractor involved in PROJECT(S). Such cooperation may include an agreement to
prepare and present a cooperative defense after consultation with the CONSULTANT’S
professional liability insurance carrier.
XXII. OWNERSHIP OF DATA
A. All documents, including preliminary documents, calculations, and survey data,
required in performing services under the AGREEMENT shall be submitted to, and shall
remain at all times the property of the COUNTY regardless of whether they are in the
possession of the CONSULTANT or any other person, firm, corporation or agency.
B. The CONSULTANT understands and agrees the COUNTY shall retain full
ownership rights of the drawings and work product of the CONSULTANT for the
PROJECT, to the fullest extent permitted by law. In this regard, the CONSULTANT
acknowledges and agrees the CONSULTANT’S services are on behalf of the COUNTY
and are “works made for hire,” as that term is defined in copyright law, by the COUNTY;
that the drawings and work product to be prepared by the CONSULTANT are for the sole
and exclusive use of the COUNTY, and that the COUNTY shall be the sole owner of all
patents, copyrights, trademarks, trade secrets and other rights and contractual interes ts in
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connection therewith which are developed and compensated solely under the
AGREEMENT; that all the rights, title and interest in and to the drawings and work product
will be transferred to the COUNTY by the CONSULTANT to the extent the CONSULTANT
has an interest in and authority to convey such rights; and the CONSULTANT will assist
the COUNTY to obtain and enforce patents, copyrights, trademarks, trade secrets, and
other rights and contractual interests relating to said drawings and work product, free and
clear of any claim by the CONSULTANT or anyone claiming any right through the
CONSULTANT. The CONSULTANT further acknowledges and agrees the COUNTY’s
ownership rights in such drawings or work product, shall apply regardless of whether such
drawings or work product, or any copies thereof, are in possession of the CONSULTANT,
or any other person, firm, corporation, or entity. For purposes of the AGREEMENT the
terms “drawings and work product” shall mean all reports and study findings commissioned
to develop the PROJECT design, drawings and schematic or preliminary design
documents, certified reproducibles of the original final construction contract drawings,
specifications, the approved estimate, record drawings, as -built plans, and discoveries,
developments, designs, improvement, inventions, formulas, processes, techniques, or
specific know-how and data generated or conceived or reduced to practice or learning by
the CONSULTANT, either alone or jointly with others, that result from the tasks assigned to
the CONSULTANT by the COUNTY under the AGREEMENT.
C. If the AGREEMENT is terminated during or at the completion of any phase
under Article III, a reproducible copy of report(s) or preliminary documents shall be
submitted by the CONSULTANT to the COUNTY, which may use them to complete the
PROJECT(S) at a future time.
D. If the PROJECT is terminated at the completion of a construction document
phase of the PROJECT, certified reproducibles on 4 mil thick double matte film of the
original final construction contract drawings, specifications, and approved engineer’s
estimate shall be submitted by the CONSULTANT to the COUNTY.
E. Documents, including drawings and specifications, prepared by the
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CONSULTANT pursuant to the AGREEMENT are intended to be suitable fo r reuse by the
COUNTY or others on extensions of the services provided for PROJECT. Any use of
completed documents for projects other than PROJECT(S) and/or any use of uncompleted
documents will be at the COUNTY’S sole risk and without liability or legal exposure to the
CONSULTANT.
The electronic files provided by the CONSULTANT to the COUNTY are submitted
for an acceptance period lasting until the expiration of the AGREEMENT (i.e., throughout
the duration of the contract term, including any extensions). Any defects the COUNTY
discovers during such acceptance period will be reported to the CONSULTANT and will be
corrected as part of the CONSULTANT’S “Basic Scope of Work.”
F. The CONSULTANT shall not be liable for claims, liabilities or losses arising o ut
of, or connected with (1) the modification or misuse by the COUNTY or anyone authorized
by the COUNTY, of such CAD data, or (2) decline of accuracy or readability of CAD data
due to inappropriate storage conditions or duration; or (3) any use by the COU NTY, or
anyone authorized by the COUNTY, of such CAD data or other PROJECT documentation
for additions to the PROJECT for the completion of the PROJECT by others, or for other
projects; except to the extent that said use may be expressly authorized, in writing, by the
CONSULTANT.
G. The COUNTY, in the discretion of its Board of Supervisors, may permit the
copyrighting of reports or other products of the AGREEMENT; and provided further, that if
copyrights are permitted; the CONSULTANT hereby agrees and the AGREEMENT shall be
deemed to provide that the Federal Highway Administration shall have the royalty-free
nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize
others to use, the work for government purposes.
XXIII. CLAIMS FILED BY THE COUNTY’S CONSTRUCTION CONTRACTOR
A. If claims are filed by the COUNTY’s construction contractor relating to work
performed by the CONSULTANT’S personnel, and additional information or assistance
from the CONSULTANT’S personnel is required in order to evaluate or defend against
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such claims, then the CONSULTANT hereby agrees in such event to make its personnel
available for consultation with the COUNTY’s construction contract administration and legal
staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. The CONSULTANT’S personnel that the COUNTY considers essential to assist
in defending against the construction contractor’s claims will be made available on
reasonable notice from the DIRECTOR. Services of the CONSULTANT’S personnel in
connection with consultation or testimony for this purpose will be performed pursuant to a
written contract amendment, if determined by the parties to be necessary or appropriate.
XXIV. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative
to the COUNTY’S operations, which are designated confidential by the COUNTY and
made available to the CONSULTANT in order to carry out the AGREEMENT, shall be
protected by the CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by
the COUNTY relating to the contract, shall not authorize the CONSULTANT to further
disclose such information, or disseminate the same on any other occasion.
C. The CONSULTANT shall not comment publicly to the press or any other media
regarding the AGREEMENT or the COUNTY’s actions on the same, except to the
COUNTY’s staff, the CONSULTANT’S own personnel involved in the performance of the
AGREEMENT, at public hearings or in response to questions from a Legislative committee.
D. The CONSULTANT shall not issue any news release or public relations item of
any nature, whatsoever, regarding work performed or to be perfor med under the
AGREEMENT without prior review of the contents thereof by the COUNTY, and receipt of
the COUNTY’S written permission.
E. All information related to the construction estimate is confidential, and shall not
be disclosed by the CONSULTANT to any entity other than the COUNTY.
XXV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, the CONSULTANT hereby
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states under penalty of perjury that no more than one final unappealable finding of
contempt of court by a federal court has been issued against the CONSULTANT within the
immediately preceding two-year period, because of the CONSULTANT’S failure to comply
with an order of a federal court that orders the CONSULTANT to comply with an order of
the National Labor Relations Board.
XXVI. EVALUATION OF THE CONSULTANT
The CONSULTANT’S performance will be evaluated by the COUNTY using the form
attached to the RFQ as Attachment C. A copy of the evaluation will be sent to the
CONSULTANT for comments. The evaluation together with the comments shall be
retained as part of the contract record.
XXVII. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION
A. The CONSULTANT’S signature affixed herein, and dated, shall constitute a
certification under penalty of perjury under the laws of the State of California that the
CONSULTANT has, unless exempt, complied with, the nondiscrimination program
requirements of Government Code Section 12990 and Title 2, California
Administrative Code, Section 8103.
B. During the performance of the AGREEMENT, the CONSULTANT and its
subconsultants shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious
creed, national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, and denial of family care
leave. The CONSULTANT and subconsultants shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment. The CONSULTANT and subconsultants shall comply with
the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.)
and the applicable regulations promulgated the reunder (California Code of Regulations,
Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990 (a -f), set forth in
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Chapter 5 of Division 4 of Title 2 of the Calif ornia Code of Regulations, are incorporated
into the AGREEMENT by reference and made a part hereof as if set forth in full. The
CONSULTANT and subconsultants shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other
agreement.
C. The CONSULTANT and subconsultants shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts to perform work under the
AGREEMENT.
XXVIII. DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’S signature affixed herein, shall constitute a certification
under penalty of perjury under the laws of the State of California, that the CONSULTANT
has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and
Suspension Certificate, which certifies that he/she or any person associated therewith in
the capacity of owner, partner, director, officer, or manager, is not currently under
suspension, debarment, voluntary exclusion, or determination of inel igibility by any federal
agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible
by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three (3) years. Any exceptions to this certification must be
disclosed to the COUNTY on Appendix F.
B. Exceptions will not necessarily result in denial of recommendation for award, but
will be considered in determining CONSULTANT responsibility. Disclosures must indicate
to whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties Listing System
maintained by the General Services Administration are to be determined by the Federal
Highway Administration.
XXIX. COMPLIANCE WITH LAWS AND STATE PREVAILING WAGE RATES
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A. The CONSULTANT shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, and all
Federal, State, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract if for more than $25,000
for public works construction or more than $15,000 for the alteration, demolition, repair, or
maintenance of public works, shall contain all of the provisions of this Article.
XXX. CONFLICT OF INTEREST
A. The CONSULTANT shall comply with the provisions of the Fresno County
Department of Public Works and Planning Conflict of Interest Code, attached hereto as
Appendix G and incorporated herein. Such compliance shall include the filing of annual
statements pursuant to the regulations of the State Fair Political Practices Commission
including, but not limited to, portions of Form 700.
B. The CONSULTANT shall disclose any financial, business, or other relationship
with the COUNTY that may have an impact upon the outcome of th is contract, or any
ensuing COUNTY construction project. The CONSULTANT shall also list current clients
who may have a financial interest in the outcome of this contract, or any ensuing COUNTY
construction project, which will follow.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the pe rformance of
services under the AGREEMENT.
D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any firm
affiliated with the CONSULTANT will bid on any construction contract, or on any contract to
provide construction inspection for any construction PROJECT resulting from the
AGREEMENT; provided, however, that this shall not be construed as disallowing the
CONSULTANT or affiliated firm f rom performing, pursuant to the AGREEMENT or other
agreement with the COUNTY, construction inspection services on behalf of the COUNTY
for the PROJECT. An affiliated firm is one, which is subject to the control of the same
persons through joint ownership, or otherwise.
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E. Except for subconsultants or subcontractors whose services are limited to
providing surveying or materials testing information, no subcontractor who has provided
design services in connection with this contract shall be eligible to bid on any construction
contract, or on any contract to provide construction inspection for any construction project
resulting from this contract; provided, however, that this shall not be construed as
disallowing subcontractors who have provided design services for the PROJECT f rom
performing, pursuant to the AGREEMENT or other agreement with the COUNTY,
construction inspection services on behalf of the COUNTY for the PROJECT.
XXXI. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that the AGREEMENT was not obtained or secured
through rebates kickbacks or other unlawful consideration, either promised or paid to any
COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the
right, in its discretion, to do any of the following: terminate the AGREEMENT without
liability; or to pay only for the value of the work actually performed; or to deduct from the
AGREEMENT price, or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
XXXII. PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT shall sign the lobbying forms, attached hereto and
incorporated herein as Appendix H, as required by the instructions found on each form.
B. The CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or COUNTY appropriated funds have been paid, or will
be paid by or on behalf of the CONSULTANT to any person for influencing or attempting t o
influence an officer or employee of any state or federal agency; a Member of the State
Legislature or United States Congress; an officer or employee of the Legislature or
Congress; or any employee of a Member of the Legislature or Congress, in connection with
any of the following:
a. the awarding of any state or federal contract;
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b. the making of any state or federal grant;
c. the making of any state or federal loan;
d. the entering into of any cooperative agreement, or
e. the extension, continuation, renewal, amendment, or modification
of any state or federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid, or will
be paid to any person for influencing or attempting to influence an officer or employee of
any federal agency; a Member of Congress; an officer or employee of Congress, or an
employee of a Member of Congress; in connection with this federal contract, grant, loan, or
cooperative agreement, then the CONSULTANT shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
C. The certification required by the provisions of this Article is a material
representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
D. The CONSULTANT also agrees by signing this document that he or she shall
require that the language of this certification be included in all lower -tier subcontracts,
which exceed $100,000, and that all such sub -recipients shall certify and disclose
accordingly.
XXXIII. INDEPENDENT CONTRACTOR
A. In performance of the work, duties and obligations assumed by the CONSULTANT
under the 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
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direct the manner or method by which the CONSULTANT shall perform its work and function.
However, the COUNTY shall retain the right to administer the AGREEMENT so as to verify
that the CONSULTANT is performing its obligations in accordance with the terms and
conditions thereof.
B. 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.
C. Because of its status as an independent contractor, the CONSULTANT shall have
absolutely no right to employment rights and benefits available to 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 the
AGREEMENT, the CONSULTANT may be providing services to others unrelated to the
COUNTY or to the AGREEMENT.
XXXIV. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONSULTANT is operating as a corporation
(a for-profit or non-profit corporation) or if during the term of the AGREEMENT, the
CONSULANT changes its status to operate as a corporation. Members of the
CONSULTANT’S Board of Directors shall disclose any self -dealing transactions that they
are a party to while the CONSULTANT is providing goods or performing services under the
AGREEMENT. A self-dealing transaction shall mean a transaction to which the
CONSULTANT is a party and in which one or more of its directors has a material financial
interest. Members of the Board of Directors shall disclose any self-dealing transactions that
they are a party to by completing and signing a Self -Dealing Transaction Disclosure Form,
attached hereto as Appendix I, and submitting it to the COUNTY prior to commencing with
the self-dealing transaction or immediately thereafter.
COUNTY OF FRESNO
Fresno, California
07/12/17
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XXXV. NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of
the AGREEMENT and changes thereto, shall be effected by the mailing thereof by
registered or certified mail, return receipt requested, postage prepaid, and addressed to
the CONTRACT ADMINISTRATOR and the CONSULTANT’S Project Manager identified
on Page 1 of the AGREEMENT .
XXXVI. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract the AGREEMENT or any of its
respective rights or duties hereunder, without the prior written consent of the other party.
XXXVII. CONSULTANT’S LEGAL AUTHORITY
Each individual executing or attesting the AGREEMENT on behalf of the
CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly
authorized by or in accordance with the CONSULTANT’S corporate by-laws to execute or
attest and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii) that the
AGREEMENT, once he or she has executed it, is and shall be binding upon such
Corporation.
XXXVIII. BINDING UPON SUCCESSORS
The AGREEMENT shall be binding upon and inure to the benefit of the parties and
their respective successors in interest, assigns, legal representatives, and heirs.
XXXIX. INCONSISTENCIES
In the event of any inconsistency in interpreting the documents which constitute the
AGREEMENT, the inconsistency shall be resolved by giving precedence in the following
order of priority: (1) the text of the AGREEMENT (excluding Appendices); (2) Appendices
to the AGREEMENT.
XL. SEVERABILITY
Should any part of the AGREEMENT be determined to be invalid or unenforceable,
then the AGREEMENT shall be construed as not containing such provision, and all other
provisions which are otherwise lawful shall remain in full force and effec t, and to this end
COUNTY OF FRESNO
Fresno, California
07/12/17
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the provisions of the AGREEMENT are hereby declared to be severable.
XLI. FINAL AGREEMENT
Both of the above-named parties to the AGREEMENT hereby expressly agree that
the AGREEMENT constitutes the entire agreement between the two partie s with respect to
the subject matter hereof and supersedes all previous negotiations, proposals,
commitments, writing, advertisements, publications, and understandings of any nature
whatsoever unless expressly included in the AGREEMENT. In consideration of promises,
covenants and conditions contained in the AGREEMENT, the CONSULTANT and the
COUNTY, and each of them, do hereby agree to diligently perform in accordance with the
terms and conditions of the AGREEMENT, as evidenced by the signatures below.
//
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t·
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1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
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COUNTY OF FRESNO
Fresno, California
07/12/17
APPROVED AS TO
Daniel C. Cederbor. Coum17/
By:. ____ v----\, ~~------
Deputy
APPROVED AS TO ACCOUNTING
FORM
Oscar J. Garcia CPA
Auditor-Controller/ Treasurer-Tax
::~~~% &
uty
FOR ACCOUNTING USE ONLY
Fund: 0001
Subclass: 1 0000
Org. No: 4510
Account: 7295
'42
COUNTY OF FRESNO
Brian Pacheco, Chairman
Board of Supervisors
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
By&~~
Deputy
~~ ~>iS19 '-..eBW :OMPUTER RESOURCES :OMPUTER RESOURCES ORGANIZATION :OMPUTER RESOURCES IMPLEMENTATION :OMPUTER RESOURCES MANAGEMENT iOffiVARE PURCHASE/ INSTALLATION iOFTWARE REVIEW Biggs Cardosa Associates -Firm Organization Chart CAOO DEPARTMENT OFFICE DRAFTING STANDARDS CADD PROCEDURES CADD STAFF HIRING AUTOliSP PRcx:;RAMS CADD PROGRAM REQUIREMENTS ADMINISTRATION DEPT. lEASE INSURANCE GENERAL LIABILITY E&O WORKERS COMP HEALTHM'HFARE OFFICE SUPPLIES EMPLOYEE MANUAL AO.\itiNISTRATIVE STAFF HIRING .... , ...... -lM.. • r , ~rin0)MI-in.Ctwi-4f ; :f:_ ~:.~~-~~)l'!~a, INSPECTIONS DEPT. DCA INC CERTIFICATION INSPECTOR TRAINING/ CERTIFICATION INSPECTION COORDINATION/ SCHEDULING OFFICE PROCEDURES PROCEDURES EQUIPMENT CHECK OUT ENGINEERS TRAINING TELEPHONE ETIQUffiE fTC PROGRAM ADMINISTRATIVE PROGRM-\ REQUIREMENTS BRANCH OFFICE/ PROJECT COORDINATOR PROJECT \•VORKLOAD PROIECTIONS PROJECT ASSIGNMENT COORDINATION DRAFTING COORDINATION BRANCH OFFICE FUNCTION/ INTERFACE REQUIREMENTS MARKETING DEPARTMENT PROJECT MANAGEMENT PROMOTE DCA REPUTATION/ PROJECT DEVELOPMENT NAME RECcx:;NITION PROJECT BUDGETI/'\'G /'.-\ARKETING PLAN CONTRACT PROCEDURES/ ORGANIZE MARKETI"-'C/ NECOTlATIONS SALES INFORMATI0.'\1 PROJECT CONTROL RESUMES PROCEDURES PROjECT DESCRIPTIONS PROJECT SCHEDULING JJO FORMS STAFFING CliENT INFOAAiATION CONCEPT DEVELOPMENT DEVELOP NEW PROPOSAl ANAL\'SIS/DESICN TECHNIQUES CONTRACT DOCUMENTS PROPOSAL MANAGEMENT PROJECT COST/ESTIM!\TING DEVELOP NEW INTERVIE\>V QUALITY CONTROL PROCEDURES TECHNIQUES fllii'\'G lv\ANAGE GRAPHIC CONSTRUCTION ADMINSTRATION PROCRAMS CONSTRUCTION INSPECTION CONSTRUCTION ENGINEERING PROJECT MANAGEMENT CONTROL PROCRA.M REQUIREMENTS APPENDIX A On-Cn!l Engineering Comullnnt S(nJices fo• Vtrriom Public Works Proj,cts CHIEF ENGINEERING DEVELOP MANUAL FOR CO"'-PUTER MODELING AND ENGINEERING PROCEDURES ENGINEERING PROGRAM REQUIREMENTS REVIEW NE\V ANALYSIS AND DESIGN SOFTWARE DEVELOP, CHECK AND IMPLEMENT NE\.Y PROGR.M-\S CREATED C\' DCA DEVELOP STANDARD DESIGN MfTHOOOLOGIES tMEMOS TO DESIGNERS) DEVELOP REFERENCE DETAILS MANUAL DEVELOP REFERENCE SPEOFICATIONS /1.-\ANUAL PROVIDE TECHNICAl CONSULTATION/ REVIEW ON LA.RGE, DIFFICULT OR UNUSUAl PROJECTS DEVELOP STAFF TRAINING PROCRA.\.1 ACCOUNTING FINANCIAL STATEMENTS TAXES CILLINGICOLLECTIONS PAYROLL CONTRACT MANAG&\-tENT ACCOUNTIJ'\'G PROCRM1 REQUIREMENTS )> "U "U m z 0 x )>
Subconsultants
APPENDIX 8
On-Call Engineering Consultant Services For
Various Public Works Projects
Our proposed subconsultants were selected based on the project requirements, depth of resources, local
knowledge, working relationships with the County and other loc al agencies, and their succe ssful working history
with Biggs Cardosa Associates. The team's expertise and experience brings Fresno County a well-coordinated
and technically strong team.
Below are aspects of tlus team that we believe are important to emphasize:
../ All team members have worked on multi-discipline projects under the management of Biggs Cardosa
Associates .
../ Unlike many firms operating in our industry, we do not claim to be a full service finn. We believe that the
best and most responsive team is one that combines the leading specialists in each key discipline. BCA is the
best at bridge design and managing transportation projects that include bridges as a central component. For
all other services, we contract out to the best specialists in their fields . This means rl1at we are used to
managing teams wid1 many subconsultants, and that subconsultants love to work for us because we always
assign to d1em meaningful portions of d1e work, we don't compete wid1 rl1em, and we mentor rl1em. Teaming
provides us an opportunity to work with borl1 large and small companies and to incorporate participation by
SBE and DBE firms.
As described in our cover letter, we have included a list of potential subconsultant fums to assist us as-needed for
the County's on-call projects .
.... ~ ""' ..
I I~ .,
Chris Rideout, PE BKF Engineers Civil and Transportation
crideout@bkf.com 4670 Willow Rd Engineering, and Surveying
Pleasanton, CA 94588
925.396 .7700 phone
925.396.7799 fax
Matthew Kemp, PE Provost & Pritchard Consulting Group Civil and Transportation
mkemp@ppeng.com 286 W Cromwell Ave Engineering, and Surveying
Fresno CA 93711
559.449.2700 phone
559.449.2715 fax
Cathy Avila, PE Avila and Associates Water Resources Engineering
cavila@avilaassociates.com 712 Bancroft Road, Suite 333 (DBE)
Walnut Creek, CA 94598
925.673.0549 phone
925.673.0509 fax
Brianda Espinosa ESP Surveying, Inc. Surveying
bespinosa@espls .com 5654 S. Elm Ave. (DBE)
Fresno, CA 93706
559.442 .0883 phone
559.442.0884 fax
Stephen Plauson, PE, GE Technicon Engineering Services Geotechnical Engineering and
stephenp@technicon.net 4539 N Brawley, Suite 108 Materials Testing
Fresno, CA 93722
559.276 .9311 phone
559.276 .9344 fax
Gary Parikh, PE, GE Parikh Consultants, Inc. Geotechnical Engineering and
gparikh@parikhnet.com 2360 Qume Drive, Suite A Materials Testing
San Jose, CA 95131 (DBE)
408.452.9000 phone
408.452 .9004 fax :
APPENDIX C
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
NOTICE TO PROPOSERS DBE INFORMATION
EXHIBIT 10-1 (NEW 01/2017)
Local Assistance Procedures Manual
Page 1 of 2
NOTICE TO PROPOSERS DBE INFORMATION
The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract.
1. TERMS AS USED IN THIS DOCUMENT
The term "Disadvantaged Business Enterprise• or "DBE" means a for-profit small business concern owned and controlled by a socially
and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
The term "Agreemenr also means •contract."
Agency also means the local entity entering into this contract with the Contractor or Consultant.
The term "Small Business• or "SB" is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part
with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs"). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the
performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance.
The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Request for Proposal.
In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal
established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be
counted towards the contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 1 0-02 Consultant Contract DBE lnfonnation must be included with the Request for Proposal. Even if no DBE participation will be
reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program
developed pursuant to the regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification
Program (CUCP).
B. A certified DBE may participate as a prime consultant subconsultant joint venture partner, as a vendor of material or supplies, or as a
trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility
means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the
capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For infonnation, call (916) 445-1233,
TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
APPENDIXC
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
NOTICE TO PROPOSERS DBE INFORMATION
EXHIBIT 10-1 (NEW01/2017)
Local Assistance Procedures Manual
Page 2 of2
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the
execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the
work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should
be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that
portion of the work to be performed by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified
that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for
assistance.
B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at:
http·l/www.dot ca.gov/hglbep/.
1. Click on the link titled Disadvantaged Business Enterprise;
2. Click on Search for a DBE Firm link;
3. Click on Access to the DBE Quezy Eonn located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING
CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE
manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies,
articles, or equipment required under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE
regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies,
articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock,
and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established,
regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in
question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt
without owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution
equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers,
manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning
of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of
fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the
delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees
charged for similar services.
ADA Notice For individuals with sensory disabilities. this document is available in alternate formats. For information. call (916) 445·1233.
TTY 711. or write to Records and Forms Management. 1120 N Street. MS-89. Sacramento. CA 95814.
I
1 Local Assistance Procedures Manual APPENDIX C Exhibit I 0-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: ___:C:....:o:....:u:.:.n.:..:t..L.y--=o:..:.f...:.F...:.r..::;e..::;s'"'"no.::____________ 2 . Contract DBE Goal : N/A
3. Project Description : 2017 On-Call Engineering Consultant Services
4. Project Location : Various ------------------------------------------------------------------------
5. Consultant's Name : Biggs Cardosa Associates, Inc. 6. Prime Certified DBE: D 7. Total Contract Award Amount: $900,000
8 . Total Dollar Amount for ALL Subconsultants : __ T_B_D ________ 9. Total Number of ALL Subconsu ltants : _5 ______ _
10. Description of Work, Service, or Materials 11 . DBE 13.DBE
Certification 12 . DBE Contact Information Dollar Supplied Number Amount
Geotechical Engineering and Material 20259 Parikh Consultants TBD
Testing 408.452 .9000
Water Resource Engineering 32811 Avila and Associates
925.673 .0549 ,,
Surveying 12505 ESP Surveying
559.442.0883
Local Agency to Complete this Section
20. Local Agency Contract $900,000
Number: 14. TOTAL CLAIMED DBE PARTICIPATION
21 . Federal-Aid Project Number:
22. Contract Execution TBD%
Date:
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit,
this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is
required. ~ _
-A _ J l l t..\~q
23 . Local Agency Representative's Signature 24 . Date 15. Preparer's Signature 16. Date
Michael Thomas 559.449 .8686
25 . Local Agency Representative's Name 26 .Phone 17. Preparer's Name 18. Phone
Principal
27. Local Agency Representative's Title 19. Preparer's Title
DISTRIBUTION : 1. Original-Local Agency
2. Copy-Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities , this document is available in alternate formats . For information call (916) 654-6410 or TOO (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814 .
Page I of2
July 23, 2015
BIGGS CARDOSA
ASSOCIATES INC
STRUCTURAL ENGINEERS
5250 N Palm Ave, Suite 211
Fresno, CA 9:3704-2218
Telephone 559-449-8686
Facsimile 558-449-8580
Principal
Associate
Engineering Manager
Project Administrator
Senior Engineer
Project Engineer
Staff Engineer
Assistant Engineer
Junior Engineer
CHARGE RATE SCHEDULE
Senior Computer Drafter
Computer Drafter
Junior Computer Drafter
Secretarial Services
Construction Manager
Senior Structural Representative
Structural Representative
Assistant Structures Representative
Senior Bridge Inspector
In-House CADD Plots
Prints
Plots
Mylar Plots
APPENDIX D
$216.00-$278.00
192.00
166.00
136.00
150.00
135.00
122.00
112.00
106.00
122.00
106.00
95.00
88.00
200.00
176.00
156.00
125.00
156.00
$0.30/ sq. ft.
$1.50/ sq. ft.
$3.00/ sq. ft.
Charge Rates Applicable October 1, 2016 Thru September 30,2017
!~BkfiOO+
-· YEARS ENGINEERS . SURVEYORS . PLANNERS
APPENDIX D
PROFESSIONAL PERSONNEL SERVICE FEES
JANUARY 1, 2017-DECEMBER 31,2017
PERSONNEL
ENGINEERING
Senior Associate
Associate
Project Manager
Engineer IV
Engineer I, II, Ill
Engineering Assistant
Junior Engineer
PLANNING
Planner I, II, Ill, IV
SURVEYING
Senior Associate
Associate
Project Manager
Surveyor I, II, Ill, IV
Survey Party Chief
Survey Chainman
Apprentice I, II, Ill, IV
lnstrumentman
Surveying Assistant
Junior Surveyor
Utility Locating Superintendent
Utility Locator I, II, Ill
BIM Specialist I, II, Ill
DESIGN AND DRAFTING
Technician I, II, Ill, IV
Drafter I, II, Ill, IV
CONSTRUCTION ADMINISTRA TION/QSP-QSD
Senior Construction Administrator
Resident Engineer
Field Engineer I, II, Ill
Senior Consultant
SERVICES AND EXPENSES
Project Assistant
Clerical/ Administrative Assistant
Delivery Services
Principals' time on projects is chargeable at $230.00-$252.00 per hour.
HOURLY RATES
$206.00
$200.00
$190.00-$196.00
$176.00
$124.00-$142.00-$162.00
$77.00
$65.00
$124.00-$142.00-$162.00-$176.00
$206.00
$200.00
$190.00-$196.00
$124.00-$142.00-$162.00-$176.00
$164.00
$106.00
$65.00 -$87.00 -$96.00-$102.00
$141.00
$77.00
$65.00
$165.00
$85.00-$120.00-$145.00
$124.00-$142.00-$162.00
$119.00-$127.00-$139.00-$150.00
$93.00-$103.00-$111.00-$123.00
$185.00
$137.00
$124.00 -$142.00 -$162.00
$215.00
$77.00
$65.00
$35.00
Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at
cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services;
shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance;
transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the
prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged
at 0.833% per month on past due accounts. Expert witness/litigation rates are available upon request.
APPENDIX D
PROVOST&
PRITCHARD
PROVOST & PRITCHARD CONSULTING GROUP
STANDARD FEE SCHEDULE
CONSULTING GROUP Effective 1/1/2017
An Employee OWned Company (hourly rates)
This schedule supersedes previously published fee schedules as of the effective date
Multi-year contracts are subject to any subsequent changes in these rates
ENGINEERING STAFF:
Assistant Engineer
Associate Engineer
Senior Engineer
Principal Engineer
SPECIALISTS:
Assistant Environmental Specialist
Associate Environmental Specialist
Senior Environmental Specialist
Principal Environmental Specialist
GIS Specialist
Associate Geologist/Hydrogeologist
Senior Geologist/Hydrogeologist
Water Resources Specialist
PLANNING STAFF:
Assistant Planner/CEQA-NEPA Specialist
Associate Planner/CEQA-NEPA Specialist
Senior Planner/CEQA-NEPA Specialist
Principal Planner/CEQA-NEPA Specialist
TECHNICAL STAFF:
Assistant Technician
Associate Technician
Senior Technician
CONSTRUCTION SERVICES:
Associate Construction Manager
Senior Construction Manager
Principal Construction Manager
Construction Manager Prevailing Wage <1H2l
SUPPORT STAFF:
Administrative Assistant
Project Administrator
Project Manager
Intern
SURVEYING SERVICES:
LSIT Surveyor
Licensed Surveyor
1 Man Survey Crew $155.00-$169.00
2 Man Survey Crew $220.00 -$240.00
2 Man Survey Crew including LS $255.00 -$279.00
1 Man CORS Survey Crew $170.00-$186.00
2 Man CORS Survey Crew $220.00 -$240.00
UAV (Drone) Services $200.00-$219.00
Fee Range
$ 85.00 -$115.00
$110.00 -$142.00
$135.00 -$180.00
$170.00 -$219.00
$ 75.00 $109.00
$107.00 -$150.00
$140.00 -$180.00
$175.00 -$224.00
$105.00 -$142.00
$105.00 -$142.00
$140.00 -$186.00
$110.00 -$153.00
$ 65.00 -$98.00
$ 95.00 -$131.00
$130.00 -$169.00
$160.00 -$202.00
$ 65.00 - $ 98.00
$ 95.00 -$120.00
$120.00 -$148.00
$105.00 -$137.00
$130.00 -$166.00
$160.00 -$208.00
$132.00 -$172.00
$ 55.00 -$82.00
$ 65.00 -$93.00
$115.00 -$126.00
$ 55.00 -$ 60.00
$ 85.00 -$115.00
$115.00 -$164.00
Prev. Wage (1)
$180.00 -$197.00
$260.00 -$284.00
$265.00 -$290.00
(Field Work not including survey equipment billed at individual standard rate plus vehicle as appropriate)
EXPERT WITNESS: As quoted.
TRAVEL TIME (for greater than 1 hour from emplovee's base office): $80/hr (unless the individual's rate is less)
PROJECT COSTS:
Mileage
Outside Consultants
Direct Costs
IRS value+ 15%
Cost+ 15%
Cost+ 15%
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera. Fresno, Tulare, Kings, and Kern Counties, other
counties as quoted.
(2) Overtime for Construction Services prevailing wage will be calculated at 125% of the standard prevailing wage rate.
1:\Marketing\Proposals\2017\County of Fresno-On-Call Engineering Services 17-35 \Fee Schedules\Standard Fee Schedule -1-1-2017. do ex
Note: Mark-ups are Not Allowed
EXHIBIT 10-H COST PROPOSAL (Example #2) Page 1 of 1
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: Avila and Associates Consulting Engineers Contract No.: -----
APPENDIX D
Date: 4/21/2017
Fringe Benefit %
+ 29.00%
Overhead%
+
General Administration %
23.62% 36.96%
Combined Indirect Cost Rate (ICR) %
89.58%
FEE% 10%
BILLING INFORMATION CALCULATION INFORMATION
\lame/Job Title/Classification Hourly Billing Rates 2
Effective Date of Hourly
Rate Actual or Avg.
Straight OT(1.5x) OT(2x) From To Hourly Rate3
Cathy Avila $172.04 01/01117 12/31/17 $82.50
Project Manager
Todd Remington $128.25 01/01/17 12/31/17 $61.50
Associate Engineer
Rachel Spadafore $122.54 01/01/17 12/31/17 $58.76
Environmental Services
Manager
Steve Jones $106.63 01/01/17 12/31/17 $51.13
Assistant Engineer
Neil Storey $147.60 01/01/17 12/31/17 $70.78
GIS Specialist
1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultant firms.
2. Billing rate= actual hourly rate • (1+1CR) • (1+Fee). Agreed upon billing rates are not adjustable for the term of the contract.
3. For named employees enter the actual hourly rate.
NOTES:
• Denote all employees subject to prevailing wage with an asterisks (*)
• For "Other Direct Cosr' listing, see page 2 of Exhibit
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 $ 343.00 Per Hour
2-Man Survey Crew $ 225.00 Per Hour $ 290.00 Per Hour
1-Man Survey Crew $ 155.00 Per Hour $ 175.00 Per Hour
OFFICE SURPPORT
Licensed Surveyor $ 160.00 Per Hour $ 160.00 Per Hour
Project Manager $ 130.00 Per Hour $ 165.50 Per Hour
Project Surveyor $ 125.00 Per Hour $ 142.00 Per Hour
CADD Operator $ 115.00 Per Hour $ 128.00 Per Hour
Clerical $ 70.00 Per Hour $ 85.00 Per Hour
MISCELLANEOUS
Outside Services Actual Cost n/a
Per Diem Actual Cost n/a
Mobilization n/a n/a
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.
APPENDIX D
ESP Surveying, Inc. • 5654 S. Elm Avenue • Fresno, California 93706 • Phone (559} 442-D883 • Fax {559) 442-0884 • www.espls.com
T E C H N I C 0 N--
ENGINEERING SERVICES, INC.
2017
FEE SCHEDULE
PREVAILING WAGE
Corporate Office:
TECHNICON Engineering Services, Inc.
4539 N. Brawley, Suite 108
Fresno, California 93722
Tel: 559.276.9311 Fax: 559.276.9344
Visalia Office:
151 S. Dunworth Avenue
Visalia, California 93292
Tel: 559.732.0200 Fax: 559.732.0830
Merced Office:
2345 Jetway Drive
Atwater, California 95301
Tel: 209.384.9300 Fax: 209.384.0891
Effective January 1, 2016
APPENDIX D
YEARS STRONG
APPENDIX D
2016 Fee Schedule-Prevailing Wage
Fee
Schedule Unit
All Environmental Engineering services such as Phase I Environmental Site Assessments, Phase II Site
Investigations, Site Remediation, Soil Sampling, etc. will be quoted on an individual basis.
All Geotechnical Engineering evaluations, investigations, and tests will be quoted on an individual basis.
TECHNICON Page3of5
ENGINEERING SERVICES. INC.
APPENDIX D
2016 Fee Schedule-Prevailing Wage
Fee
Schedule Unit
TECHNICON Page4of5
ENGINEERING SERVICES, INC.
APPENDIX D
TECHNICON Page 5 of 5
ENGINEERING SERVICES. INC.
APPENDIX D
Rl
Practicing In the Geosciences
BILLING RATE SCHEDULE
EFFECTIVE THROUGH DECEMBER 2017
Construction Phase: All time spent over 8 hours per day and Saturdays for field personnel will be charged at
1.5 times the hourly rate. Sunday work will be charged at twice the hourly rate. All charges are portal-to-
portal and mileage will be charged at .535 cents per mile. Field time, including travel time, will be charged in
a 2-hour increment. Any chargeable time that falls in between these increments will be charged at the rate
of the next 2-hour increment. Prevailing wages will dictate the field rates wherever applicable.
OUTSIDE SERVICES
Drilling rental of special equipment and other outside charges will be invoiced at cost plus 1 0%. Direct
contracting/billing and payment will not incur these costs. Outside services, beyond those included in the
proposal, will not be performed without prior authorization from the Client.
Miscellaneous outside reimbursable expenses encountered during the performance of our work, such as
printing and other incidentals, will be billed at cost plus 1 0%. Outside services, beyond those included in the
proposal, will not be performed without prior authorization from the Client.
The hourly rates indicated above shall remain in effect through December 2017; annual escalations will apply
to these rates thereafter. These escalations are on an average of 3% per year.
* Prevailing wage will apply to field personnel as per DIR.
2360 Qume Drive, Suite A, San Jose, CA 95131 ~ P (408) 452-9000 • F (408) 452-9004 + www.PARIKHnet.com
Son Jose + Oakland Walnut Creek Sacramento Fresno + Los Angeles
Local Assistance Procedures Manual
APPENDIX E
EXHIBIT 1 0-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: lfrequestilzg to utilize the Safe Harbor /udirect Cost Rate submit Attaclzmeltt 1 of
DLA-OB 13-07-Safe Harbor Indirect Cost Rate for Collsllltaut Coutracts foulld at
lzttp:l/www.dot.ca.gov/lzq/LocalPrograms/DLA _ OB/DLA _ OB.lttm i11 lieu of litis form.)
Certification of Final Indirect Costs:
Consultant Firm Name: Biggs Cardosa Associates, Inc.
Indirect Cost Rate: I (o~ .\(J) * for fiscal period 1/t/?..o\f:l ~ (plt>o/o.o\ I
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: County of Fresno
Contract Number: iLOrl Couo~'l cit fr~no
or.-c:tU\
Project Number: ___:N:..::..:./A...:_ ______ _
I, the undersigned, certifY that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48,
Code of Federal Regulations ( CFR), Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR, Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management System:
I, the undersigned, certifY to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Cal trans or a
California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies
is$ ~S,OOs>,oro.co and the number of states in which the firm does business is--4---
Certification of Direct Costs:
f, the undersigned, certifY to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
LPP 15-01
Page 1 of2
January 14, 2015
Local Assistance Procedures Manual
APPENDIX E
EXHIBIT I 0-K
Consultant Certification of Contract Costs and Financial Management System
I. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter l, Part 172 -Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on-call contract): $ _1"?.,--'-''""-'-0 _____ _
Prime Consultants (if applicable)
Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ _\-=-.:.13>:::...\J-=-----
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
Consultant Certifying (Print Name and Title):
Name: t\\.c.hae.l 1"\nDff\0.5
Title: Princ.lpo.\
$ ______________ _
$
$ ______________ __
Consultant Certification Signature **: -----"'/~lt.-~--------------
Date of Certification (mm/dd/yyyy): ] 1\ \ / 'J.Qn
~ '
Consultant Contact lnfonnation:
Email: ro-\homos@ o\cy:csco..r dosQ...CO'rf\
Phone number: 5':>'\. '"t'i'\. $fD$1n
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial information
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S. C. 112(b}(2)(8). Subcon.mltmrts must comp(r ll'itll the FAR Cost Principles colllaiued in48 CFR. Part 31.
23 CFR Part 172.3 Dej/nitions state: Consultant means tire indi1·idua/ orjirm prtwiding engineering al/{1 design related sr?JTices as a party
to tire contract. Therefore. suhconsultants as parties of a colllract must complete a cert{fication and send originals to A&! and keep copies
in Local Agency Project Files.
Distribution: I) Original to Cal!mns Audits amlln,·c.,;tigations
2) R~taincd in Local Agency Proj~ct Files
Page 2 of2
LPP 15-01 January 14, 2015
Local Assistance Procedures Manual
APPENDIX E
EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of
DLA-OB 13-07-Safe Harbor lutlirect Cost Rate for Consultant Co11tracts foulld at
http://www.dot.ca.gov/lzq/Loca/Programs/DLA_ OBIDLA_ OB.htm iu lieu of this form.)
Certification of Final Indirect Costs:
Consultant Firm Name: Avila and Associates Consulting Engineers. Inc.
Indirect Cost Rate: 90.34% *for fiscal period 1/112016-12/31/2016 (mm/dd/yyyy to mrnldd/yyyy)
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: _ __:.F'""r.:::.es:::.:n~o'-C=ou""n'""t..,.y _____________ _
• Contract Number: -------Project Number: ~T.:..;B=D""------
I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles ofthe Federal Acquisition Regulations (FAR) ofTitle 48,
Code ofF ederal Regulations ( CFR), Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR, Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management Svstem:
I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Cal trans or a
California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies
is $ 200 000 and the number of states in which the finn does business is 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
LPP 15-01
Page 1 of2
January 14, 2015
Local Assistance Procedures Manual
APPENDIXE
EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
I. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter I, Part 172 -Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on-call contract): $ tbd
Prime Consultants (if applicable)
Proposed Total Contract Amount (or amount not to exceed if on-call contract): $-------
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
$ _______________ _
$ _______________ _
$ ______________ __
$ _______________ _
$ ______________ __
Consultant CertifYing (Print Name and Title):
Name: ______ ~C~a~tl~le~r~in~e~rvf~.C~.~A~v~il~a ____________________ _
Title: _______ _,P,_,r,_,e"'"s""id:.:::e:.:.:n"-t --------------------------
Date of Certification (mm/ddlyyyy): __ ,.,.J""u"'""ne:::...2""9"-',-=2"'-0.._17"--
Consultant Contact Information:
Email: __ ,.=c::.::a:..:.v..:.:il::.::ao.::;@;;.;a=-v,_,i""la::.:a""s""so"'"c""i=-=a"-'te""s""'.c,_,o._.m..., ---------------
Phone number: --~9~2=5'-'-'.6"-'"7""'3"'"".0""'54-'"'9'"'-------
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial infonnation
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S. C. 112(b)(2J(B), Subconsultants lllltst comply with the FAR Cost Principles contained in 48 CFR. Pm1 31.
23 CFR Part 172.3 Definitions state: Consultant means the indil·idual or .firm providing engineering and design related services as a party
to the contract. Therefore, subconsultants as parties o.f a contract must complete a certification and semi originals to A &lmul keep copies
in Local Agenc:v Project Files.
Distribution: I) Original to Caltr.ms Audits and lnv~stigations
2) Retained in Local Agency Project Files
Page 2 of2
LPP 15-01 January 14, 2015
APPENDIX E
Local Assistance Procedures l\lanual EXIIIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 1 0-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: If requesting to utilize the Safe II arbor lutlirect Cost Rate submit Attachment 1 of
DLA-OB 13-07-Stife Jlm·bor Iutlirect Cost Rate fiJr Cousu/ta11t Contracts fouml at
ltttp://www.tlot.ctt.gov/lzq/Loca/Programs/DLA_ OBIDLA_ OB.htm in lieu of this form.)
Certification of Final Indirect Costs:
Consultant Finn Name: BKr Enoineers ~~~~~~-------------------------------
Indirect Cost Rate: ...:;1c..:.7..:;8,:.:::;6..:;%'-----*for fiscal period 02/01/2015 to 01/31/2016
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: -'C:;..;o;;..:;u;;;.:n;.:.ty,_o:;..;f...:;F...:;r..:;es;:.:;·n;;;.:;o ___________ _
Contract Number: 2017 County of Fresno On-Call Project Number: ...:T~B:.::D:.._ _______ _
I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
1. All costs included in this proposal to establish final Indirect Cost Rates arc allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48,
Code of Federal Regulations (CFR), Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR, Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial .Management System:
I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a
California local agency to this firm within the last three {3) calendar years for all State DOT and Local Agencies
is$ 50,000,000.00 and the number of states in which the finn does business is _o:....r._..1c __
Certificntion of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
I.PP IS-01
Page 1 of2
.J"nm11-v 1.1 '7111'
APPENDIX E
Local Assistance Procedures Manual EXIIIBIT 10-K
Consultant Certification of Contract Costs and Financial i'Hnnngcmcnt System
I. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter I, Part 172 -Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on-call contract): $ TBD --------
Prime Consultants (if applicable)
Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ TBD ------
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
TBD $ $----------------
$ ---------------$ ______________ __
$ ______________ __
Consultant Certifying (Print Name and Title):
Name: Chris Rideout
Title: Principal/Vice President
Consultant Certification Signature **:
Date of Certification (mm/dd/yyyy): _0__;7/'--0--'6/_2_0_17 _____ _
Consultant Contact Information:
Email: crideout@bkf.com
Phone number: 925-989-6544 --~--~----------------------------
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial infonnation
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S. C. 1/l(b){l){B), Subconsultants must camp~ I' wit It tl1e fiiR Cost Principles contained in ·18 CFR. Part 31.
13 CFR Part 172.3 D~/initions state: Consultant mcans the indil·idual or.firm pr01·iding engineering and design related servi('('S as a partr
to the contract. Therefore. suhconsultants as parties c!f·a con/rae/must c.·omplele a cerJi/icaJion and send originals Jo A&/ ami keep copies
in Local ..lgmcy Projccl Files.
Dislrihutiun: I} Original to Caltrans Audits and lm·estigations
2) Retained in Locnl Agency l'rnj~ct Files
l Pl> J<;_l\1
Page 2 of 2
J.,., ••. ~•·••1cC 1n1::
Local Assistance Procedures Manual
APPENDIX E
EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: If requesting to utilize the Safe Harbor llulirect Cost Rate submit Attachment 1 of
DLA-OB 13-07-Safe Harbor lmlirect Cost Rate for Consultatzt Cont1·acts found at
lzttp://www.dot.ca.gov/lzq/LocalPrograms/DLA_ OB/DLA_ OB.Iztm in lieu of this form.)
Certification of Final Indirect Costs:
Consultant Firm Name: .....::;ES:..:P.....:S:...:u:.::.rv.....:eOL.y::.::in:!2:g,:..:.I::.::nc:.:.. -----------------
Indirect Cost Rate: __ 2_09_.3....;.1;,;.,%;:;,.__ * for fiscal period 1/1/2015-12/31/2015
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: County of Fresno DPW & Planning
Contract Number: TBD ~~---------Project Number: _..:..TB=.;D;;:__ _______ _
I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48,
Code of Federal Regulations (CFR), Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR, Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management System:
I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a
California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies
is $ 911.600 and the number of states in which the firm does business is one
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
LPP 15-01
Page I of2
January 14, 2015
Local Assistance Procedures Manual
APPENDIX E
EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
I. Compliant with Generally Accepted Accounting Principles {GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter I, Part 172-Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on-call contract): $ _N_T....,.E ______ _
Prime ConsuJtants (if applicable)
Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ ______ _
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
$ ________ _
$ ______________ __
$ ______________ __
$ ______________ __
$ ______________ __
Consultant Certifying (Print Name and Title):
Name: .Joanne Espinosa
Title: CFO
Date of Certification (mm/dd/yyyy): 5/11/17
Consultant Contact Information:
Email: jnfo@espls.com
Phone number: (559) 442-0883
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial information
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S. C. 1 12(b)(2){B), Subconwltants must comp(r with the FAR Cost Principles comained in 48 CFR. Part 31.
23 CFR Part 172.3 Definitions state: Consultant means the indil'idual or jirm p/'lwiding engineering ami design related services as a party
to rhe comract. Therejore. subconsulumts as parties of a contract must complete a certification ami send originals to A&! a111/ keep copies
in Local Agency Project Files.
Distribution: I) Original to Caltrans Audits and Investigations
2) Retained in Local Agency Project Files
Page 2 of2
LPP 15-01 January 14, 2015
APPENDIX E
Loc:~l Assistance Procedures Manual EXHIBIT l 0-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: If requesting to utilize the Safe Harbor Imlirect Cost Rate submit Attachment I of
DLA-OB 13-07-Safe Harbor lmlirect Cost Ratejor Consultallt Contractsfound at
ltttp://www.dot.ca.govlltq/Loca/Programs/DLA_ OBIDLA_ OB.Ittm in lieu oft/tis form.)
Certification of Final Indirect Costs:
Consultant Firm Name: Provost & Pritchard Consulting Group
Indirect Cost Rate: _15_0_.8_'4 ____ *for fiscal period ..... t_o ..... to ..... L ..... 'l....._5_-....._9 ..... 13 ..... o_n ..... 6 _________ _
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: Countv of Fresno ~~~~~~--------------
Contract Number: 2017 County of Fresno On-Call Project Number: """'T..:;;B'""Dc__ _______ _
I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48,
Code of Federal Regulations (CFR), Part 31.
2. This proposal docs not include any costs which are expressly unallowable under the cost
principles of the r A R of 48 CFR, Part 31 .
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management Svstem:
I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a
California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies
is $ and the number of states in which the firm does business is
Certification of Direct Costs:
I, the undersigned, certify to the best ofrny knowledge and beliefthat all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR ofTitle 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
LPP 15-01
Page I of 2
January I.J,2015
APPENDIXE
Local Assistance l'rocedures Manual EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter I, Part 172-Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicnble)
Proposed Contract Amount (or amount not to exceed if on-call contract): $ __ T_B_D _____ _
Prime Consultants (if applicable)
Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ _..;..T.:::B-=0'------
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
TBD $ ______________ __
$ ______________ _
$ ______________ _
$ ______________ _
$ __
Consultant Certifying (Print Name and Title):
Name: Lori Feagaimaalii
Title: Controller -p
Consultant Certification Signature ~ · ~f;tal.a:-
Date of Certification (mm/dd/yyyy): ~_.\_?.!_ ______ _
Consultant Contact lnfonnation:
Email: lfeagaimaalii@ppeng.com
Phone number: (559) 4..:..49:.-·-=.2.:...70:....:0'-------------
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial infonnation
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 13 U.S. C. 1!2(b)(2}(8}, Subconsultants must comply with the FAR Cost Principles contained in ·18 CFR, Part 31.
13 CFR Part 172.3 Definitions state: Consultant means the indil•idual or firm providing engineering and design related services as a party
to the colllract. Therefore, subconsultants as parties of a contract must comp/ere a certiftcalion and send originals IO A&/ and keep copies
in Local Agency Project Files.
Distribution: I J Original to Caltrans Audits and Investigations
2) Retained in local Agency Project Files
!>age 2 of2
LPP 15-01 .January 14,2015
Local Assistance Procedures Manual
APPENDIX E
EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: If requesting to utilize tlte Safe Harbor Indirect Cost Rate submit Attacltmmt 1 of
DLA-OB 13-07-Safe Harbor Indirect Cost Rate for Consltltant Contracts found at
ltttp:llwww.dot.ca.govlltq!Loca!Programs/DLA_ OBIDLA_ OB.Iztm in lieu oft/tis form.)
Certification of Final Indirect Costs:
Consultant Finn Name: PARIKH Consultants, Inc.
Indirect Cost Rate: ....::.1.=.:50::...:~-=-o ____ * for fiscal period 02/01/2016 TO 01/31/2017
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: ...:C:..:o:..::u~nt:.<.y...:o:..::f..:.F.;.;.re:..:s~no-=-----------
Contract Number: 2017 County of Fresno On·Call Project Number: -=T~B=-=D=----------
I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles ofthe Federal Acquisition Regulations (FAR) ofTitle 48,
Code ofFederal Regulations (CFR), Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR, Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management System:
I, the undersigned, cettify to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certifY that the approximate dollar amount of all A&E contracts awarded by Cal trans or a
California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies
is S I I ,000,000.00 and the number of states in which the firm does business is ONE
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
LPP 15-01
Page 1 of2
January 14, 2015
Local Assistance Procedures Manual
APPENDIX E
EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
I. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter I, Part 172 -Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on-call contract): $ __ T_B_D _____ _
Prime Consultants (if applicable)
Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ _T..:...:::B.=D ___ _
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
TBD $ ______________ __
$ ______________ _
$ ______________ __
$ __________ _
$ _____________ __
Consultant Certifying (Print Name and Title):
Name: Gary Parikh
Title: Principal
~_a:.?'/
Consultant Certification Signature **: -------'/'--·-------------
Date of Certification (mm/dd/yyyy): ...:0..:.:7/..:.l~l/2.::..-0:..:1..:..7 _____ _
Consultant Contact Infonnation:
Email: gparikh@ parikhnet.com
Phone number: _,_(4_0:....:8;.:..)...:4.::..52::..-..:..9.::..000:...:._ ___________ _
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial information
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S. C. 112(b)(2)(B), Subcomultants must comp~)' with the FAR Cost Principles col/lained in 48 CFR, Part 31.
13 CFR Part 172.3 Dl{finitions state: Consultant means the indil·idual orfirm providing engineering and design related services as a par()'
to the contract. Tlzerl{/ore, subconsultallls as parties l~( a contract must complete a cert(fication and semi original~ to A &I a11d keep copies
in Loml Ageii'J' Project Files.
Distribution: l) Original to Caltrans Audits and lnv•:stigations
2) Retained in Local Agency Project Files
Page 2 of2
LPP 15-01 January 14, 2015
APPENDIXE
Local Assistance Procedures Manual EXHIBIT I 0-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: IfJ·equesting to utilize tile Safe Harbor /udirect Cost Rate submit Attachment I of
DLA-OB 13-07-Safe Harbor 1111/irect Cost Rate for Consultant Contmctsfmmd at
!tttp:l/www.dot.ca.gol'lflq/Loca/Programs!DLA_ OBIDLA_ OB.IItm iulieu oftllis.form.)
Ccrtificntion of Final Indirect Costs:
Consultant Firm Name: TECHNICON Engineering Services, Inc.
Indirect Cost Rate: -"'2""-20..;_;%:..;..o _____ *for fiscal period .::2:.:.0.;..;15;...-;;;.20;:..1:..;;6'--------------
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: _;C;..;;o..;.;.u"'"nt"'-y...:o.:..f.;;..F;:.;:re;,;:;sJ;.;..:lo:;__ ________ _
Contract Number: 2017 County of Fresno On-Call Project Number: _T_B_D _________ _
I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
I. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) ofTitle 48,
Code of Federal Regulations (CFR), Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR, Part 31.
All known material transactions or events that have occurred affecting the finn's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management Svstem:
I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a
California local agency to this finn within the last three (3) calendar years for all State DOT and Local Agencies
is $ 702, I 00.00 and the number of states in which the firm does business is One (I) .
Ce1·tification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
LPP 15-01
Page I of2
January 14,2015
APPENDIX E
Local Assistance Procedures Manual EXHIBIT I 0-K
Consultant Certification of Contract Costs and Financial Management System
I. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter I, Part 172-Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on-call contract): $ __ T_B_D _____ _
l'rime Consultnnts (if applicable)
Proposed Tot:ll Contract Amount (or amount not to exceed if on-call contract): $ _T.:_B::.:::.D ___ _
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
TBD $ ______________ _
$ ______________ _
$ _____________ _
$ ______________ _
Consultant Certifying (Print Name and Title):
Name: Darren G. Williams
Title: President \ /"\ ~-
Consultant Certification Signature**: \L.I_· _V ________________ _ --,---..,
Date of Certification (mm/dd/yyyy): .::..M.::..a"""y-"1.::..1,'-'2:.:0.::..1.:-7 ____ _
Consultant Contact Information:
Email: darrenw@technicon.net
Phone number: 559-276-9311, Ext232
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial information
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S. C. I I 2(h)(2){B). Subconsulumts must comp(v with the FAR Cost Principles contained in .f8 C'FR. Part 31.
23 CFR Part 172.3 Dejinitions state: Consulta/11 means the indh•idual or firm providing engineering and design related sen•ices as a party
to the colllract. Therefore. subconsultants as parties o.f a comract Jlll~vl complete a cert[(tcation and send originals to A& lam! keep copies
in Local Agell(l' Project Files.
Dislrihulion: I) Original to Callrans t\utlils amllnvcstigalions
2) Retained in Local Agency Project Files
Page 2 of 2
Ll'P 15-01 .January 14,2015
APPENDIX F
,,:~:ig~J~rtw!~J:····
.l!. au ....••.. q~p
As required by US. DOT regulations on governmentwide Debarment and Suspension
(Nonprocurement), 49 CFR 29.100:
1) The Applicant certifies, to the best of its knowledge and belief, that it and its contractors,
subcontractors and subrecipients:
a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b) Have not, within the three (3) year period preceding this certification, been
convicted of or had a civil judgment rendered against them for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, state, or local) transaction or contract under a public
transaction, violation of Federal or state antitrust statutes, or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, state, or local) with commission of any of the
offenses listed in subparagraph (1 )(b) of this certification; and
d) Have not, within the three (3) year period preceding this certification, had one or
more public transactions (Federal, state, and local) terminated for cause or default.
2) The Applicant also certifies that, if Applicant later becomes aware of any information
contradicting the statements of paragraph (1) above, it will promptly provide that
information to the State.
3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this
certification, through those means available to Applicant, including the General Services
Administration's Excluded Parties List System (EPLS), Applicant shall indicate so in its
applications, or in the transmittal letter or message accompanying its annual certifications
and assurances, and will provide a written explanation to the State.
February 2017
~~;~ s'P~ '!/~.~~lit
APPENDIX F
In signing this document, I declare under penalties of perjury that the foregoing certifications and
assurances, and any other statements made by me on behalf of the Applicant are true and correct.
Signature _______________ Date ________ _
Printed Name ---------------
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that
it has the authority under state and local law to make and comply with the certifications and
assurances as indicated on the foregoing pages. I further affirm that, in my opinion, these
certifications and assurances have been legally made and constitute legal and binding obligations
of the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or
litigation pending or imminent that might adversely affect the validity of these certifications and
assurances or of the performance of the described project.
AFFIRMATION OF APPLICANT'S ATTORNEY
For-----------------(Name of Applicant)
Signature _______________ Date ________ _
Printed Name of Applicant's Attorney----------------
February 201 7
1
2
3
4
APPENDIX G Resolution No. 07-525
BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF FRESNO
STATE OF CALIFORNIA
5 In the matter of
) No.
)
)
6 Amendment of Standard Conflict of
Interest Code for All County
)
)
7 Departments )
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Whereas, the Political Reform Act, Government Code section 81000 et seq.,
requires state and local government agencies to adopt and promulgate conflict of interest
codes; and
Whereas, the Fair Political Practices Commission has adopted a regulation, Title
2, California Code of Regulations, section 18730, which contains the terms of a standard
conflict of interest code, and which may be amended by the Fair Political Practices
Commission after public notices and hearings to conform to amendments to the Political
Reform Act; and
Whereas, any local agency may incorporate this standard conflict of interest code,
and thereafter need not amend its code to conform to future amendments to the Political
Reform Act or its regulations; and
Whereas, the Board of Supervisors may adopt the standard conflict of interest
code on behalf of all County departments.
Now therefore be it resolved, that the terms of Title 2, California Code of
Regulations, section 18730, and any amendments to it duly adopted by the Fair Political
Practices Commission, are hereby incorporated by reference and, along with the Exhibits A
and B approved previously, today, or in the future, by this Board for each County
department, in which officers and employees are designated and disclosure categories are
set forth, constitute the conflict of interest codes of each Co1,.1nty department.
COUNTY OF FRESNO
Fresno. California 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
APPENDIX G
Conflict of interest forms shall be filed as follows:
1. As required by Government Code section 87500, subdivision (e), the County
Administrative Officer, District Attorney, County Counsel, and Auditor-Controllerrrreasurer-
Tax Collector shall file one original of their statements with the County Clerk, who shall make
and retain a copy and forward the original to the Fair Political Practices Commission, which
shall be the filing officer.
2. As required by Government Code section 87500, subdivision U), all other
department heads shall file one original of their statements with their departments. The filing
officer of each department shall make and retain a copy and forward the original to the Clerk
to the Board of SupeNisors, who shall be the filing officer.
3. All other designated employees shall file one original of their statements
with their departments.
Adopted at a regular meeting of the Board of SupeNisors, held on the 2nd day of
October, 2007, by the following vote, to wit:
Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston
Noes: None
Absent: None
Chairman, Board of SupeNisors
Attest:
24 #tHJ~
25 Clerk
26
27
28
County of Fresno
l'rcsno. California
COUNTY OF FRESNO
Fruno. California 2
APPENDIX G
CERTIFICATE OF DELIVERY OF DOCUMENT
ram employed by the County of Fresno as a Deputy Clerk of the
Board of Supervisors. On October 2. 2007. I delivered a copy of
Resolution No. 07-525 to the Chairperson of the Fresno County Board of
Supervisors.
Gael Storm, Deputy Clerk
APPENDIX G
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Classification
Accountant 1/11
Architect
Assistant Real Property Agent
Associate Real Property Agent
Building Inspector 1/11
Building Plans Engineer
Capital Projects Division Manager
Chief Building Inspector
Chief of Field Surveys
Community Development Manager
Consultant
Deputy Director of Planning
Deputy Director of Public Works
Development Services Manager
Director of Public Works and Planning
Disposal Site Supervisor
Engineer 1/11/111
Field Survey Supervisor
Housing Rehabilitation Specialist 1/11
Information Technology Analyst 1/11/111/IV
Planner 1/11/111
Principal Accountant
Principal Engineer
Principal Planner
Principal Staff Analyst
Public Works and Planning Business Manager
Public Works Division Engineer
Resources Manager
Road Maintenance Supervisor
Road Superintendent
Senior Accountant
Senior Economic Development Analyst
Senior Engineer
Senior Engineering Technician
Senior Geologist
Senior Information Technology Analyst
Senior Planner
Category
2
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
2,3
1
2
1
1
2
1
2
1
Classification
Senior Staff Analyst
APPENDIX G
Senior Systems and Procedures Analyst
Staff Analyst I I II I Ill
Supervising Accountant
Supervising Building Inspector
Supervising Engineer
Supervising Water/Wastewater Specialist
Systems and Procedures Analyst I I II I Ill
Systems and Procedures Manager
Traffic Maintenance Supervisor
Category
1
2
1
2,3
1
1
2,3
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 public record and shall be retained for public inspection
in the same manner and location as this conflict of interest code.
APPENDIX G
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 business 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 within 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 Public Works and Planning Department, Solid Waste
Commissions within the jurisdiction, or to any other joint powers agency which
Fresno County is a member to provide services, supplies, materials, machinery, or
equipment to the County.
3. Persons in 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.
Local Assistance Procedures Manual
APPENDIX H
EXHIBIT 10-P
Nonlobbying Certification for Federal-aid Contracts
EXHIBIT 10-P NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her
knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission ofthis certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that
the language of this certification be included in all lower-tier subcontracts which exceed $100,000 and
that all such sub-recipients shall certify and disclose accordingly.
LPP 13-01
Pagel of 1
May 8, 2013
Local Assistance Procedures Manual
APPENDIX H
EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
D a. contract D a. bid/offer/application D a. initial
b. grant b. initial award b. material change
4.
6.
8.
10.
c. cooperative agreement c. post-award
d. loan
e. loan guarantee
f. loan insurance
Name and Address of Reporting Entity
0Prime D Subawardee
Tier , ifknown
Congressional District, if known
Federal Department/Agency:
Federal Action Number, if known:
Name and Address of Lobby Entity
(If individual, last name, first name, Ml)
For Material Change Only:
year__ quarter ___ _
date of last report ____ _
5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable---------
9. Award Amount, if known:
11. Individuals Performing Services (including
address if different from No. I Oa)
(last name, first name, Ml)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply)
$ D actual 0 planned
13. Form of Payment (check all that apply): B :: ~=:ind; specifY: nature _____ _
Value _____ _
14. Type of Payment (check all that apply)
r-
I-
I-
!----
a. retainer
b. one-time fee
c. commission
d. contingent fee
e deferred
f. other, specifY __________ _
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes D No D
17. Infonnation requested through this form is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S. C.
1352. This infonnation will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Federal Use Only:
Signature: _________________ _
Print Name:-----------------
Title:------------------
Telephone No.: _________ Date: ____ _
Authorized for Local Reproduction
Standard Form -LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig-Local Agency Project Files
LPP 13-01
Page 1
May 8, 2013
Local Assistance Procedures Manual
APPENDIX H
EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
I. IdentifY the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a
covered federal action.
2. IdentifY the status of the covered federal action.
3. IdentifY the appropriate classification of this report. Ifthis is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. IdentifY the
tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of
the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifYing number available for the federal action identification in item 1 (e.g., Request for
Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code ofthe lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,
First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity
(Item 1 0). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is
a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specifY the nature and value ofthe in-kind
payment.
14. Check all boxes that apply. If other, specifY nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perfonn and the
date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. IdentifY the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that
were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifYing official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-
LLL-Instructions Rev. 06-04
LPP 13-01
Page2
MayS, 2013
APPENDIX I
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:
APPENDIX I
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as
"County"), members of a contractor's board of directors (hereinafter referred to as "County
Contractor"), must disclose any self-dealing transactions that they are a party to while
providing goods, performing services, or both for the County. A self-dealing transaction is
defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing the disclosure form.
(1) Enter board member's name, job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed
to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Codes.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).