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HomeMy WebLinkAboutAgreement A-17-491 with Provost & Pritchard Consulting Group.pdf 17-0202 Agreement No. 17-491 1 CONSULTANT AGREEMENT 2 THIS AGREEMENT for Engineering Consultant Services, hereinafter referred to as 3 "the AGREEMENT," is made and entered into this 12th day of September 2017, 4 between the COUNTY OF FRESNO, a political subdivision of the State of California, 5 hereinafter referred to as "the COUNTY"; and Provost & Pritchard Engineerinq Group, Inc. 6 DBA Provost & Pritchard Consulting Group a California Corporation, whose address is 7 286 W. Cromwell Avenue, Fresno, CA 93711 , hereinafter referred to as "the 8 CONSULTANT". 9 W ITNESSETH 10 WHEREAS, the COUNTY desires to retain the CONSULTANT to provide on-call 11 engineering consulting services, encompassing structural, mechanical, transportation, 12 environmental, water resources, surveying, geotechnical and other engineering disciplines, 13 as necessary to assist the COUNTY in performing projects (hereinafter referred to as "the 14 PROJECT(S)") proposed by the COUNTY; and 15 WHEREAS, said the CONSULTANT has been selected in accordance with the 16 COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, and 17 other professionals, and in accordance with Chapter 10 of the California Department of 18 Transportation's (CALTRANS) Local Assistance Procedures Manual (LAPM), to provide 19 the engineering services necessary for the PROJECTS; and 20 WHEREAS, the individual listed below 21 Erin Haagenson, Senior Staff Analyst 22 2220 Tulare Street, 6th Floor, Fresno, CA 93721 23 559-600-4528 24 ehaagenson(a.co.fresno.ca.us 25 is designated as the CONTRACT ADMINISTRATOR for the AGREEMENT on behalf of the 26 COUNTY, and shall remain so unless the CONSULTANT is otherwise notified in writing by 27 the COUNTY's Director of Public Works and Planning or his/her designee (hereinafter 28 referred to as "the DIRECTOR"); and COUNTY OF FRESNO Fresno,California 06/30/17 1 1 WHEREAS, the individual listed below 2 Matthew Kemp, Vice President 3 286 W. Cromwell Avenue 4 Fresno, CA 93711 5 (559) 449-2700 6 mkemp@ppeng.com 7 is designated as the CONSULTANT'S PROJECT MANAGER for the AGREEMENT, and 8 shall remain so unless the CONSULTANT requests and the DIRECTOR approves, in 9 writing, a change of the CONSULTANT'S PROJECT MANAGER, which approval will not 10 be unreasonably withheld; and 11 WHEREAS, said AGREEMENT is subject to 49 Code of Federal Regulations 12 (hereinafter referred to as "49 CFR"), Part 26 Participation by Disadvantaged Business 13 Enterprises in Department of Transportation Financial Assistance Programs, 14 Disadvantaged Business Enterprise programs established by other federal agencies and/or 15 the COUNTY'S Disadvantaged Business Enterprise Program (all of which are hereinafter 16 referred to as "DBE PROGRAM(S)"), 17 NOW, THEREFORE, in consideration of the promises and covenants set forth 18 herein, the above named parties agree as follows: 19 I. GENERAL PROVISIONS 20 A. The COUNTY hereby contracts with the CONSULTANT as an independent 21 contractor to provide all consultant engineering services required for the PROJECT(S). 22 Said services are described generally in Article II and more specifically enumerated in 23 Article III herein. 24 B. The CONSULTANT'S services shall be performed as expeditiously as is 25 consistent with professional skill and the orderly progress of the work, based on schedules 26 for each specific PROJECT mutually agreed upon in advance by the CONTRACT 27 ADMINISTRATOR, and the CONSULTANT, and consistent with schedules established 28 under Article V. COUNTY OF FRESNO Fresno,California 06/30/17 2 1 C. The CONSULTANT'S PROJECT team staff shall be as listed in Appendix A, 2 attached hereto and incorporated herein. Any substitutions of personnel must be approved 3 in advance by the CONTRACT ADMINISTRATOR, which approval shall not be 4 unreasonably withheld. The CONSULTANT shall notify the CONTRACT ADMINISTRATOR 5 of the names and classifications of employees assigned to each specific PROJECT, and 6 shall not reassign such employees to other projects of the CONSULTANT without 7 notification to and prior approval by the CONTRACT ADMINISTRATOR. 8 D. The CONSULTANT may retain, as subconsultants, specialists in such g engineering disciplines (including, but not limited to, structural, mechanical, transportation, 10 environmental, water resources, electrical, surveying and geotechnical) as the 11 CONSULTANT requires to assist in completing the work. All subconsultants used by the 12 CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before 13 they are retained by the CONSULTANT, which approval shall not be unreasonably 14 withheld. The subconsultants listed in Appendix B, attached hereto and incorporated 15 herein, shall be considered as approved by the CONTRACT ADMINISTRATOR. Should 16 the CONSULTANT retain any subconsultants, the maximum amount of compensation to 17 be paid to the CONSULTANT under Article VI below shall not be increased. Any additional 18 compensation to be paid to the CONSULTANT for such subconsultants' work shall be 19 limited to administrative time as defined in the fee proposal. Additional fees other than 20 those defined in the fee proposal shall not be reimbursed. 21 E. The CONSULTANT and affiliated subconsultants shall not submit bids, or sub- 22 bids, for the contract construction phase of the PROJECT(S) assigned to the 23 CONSULTANT. The CONSULTANT and its subconsultants, and all other service 24 providers, shall not provide any PROJECT-related services for, or receive any PROJECT- 25 related compensation from any construction contractor, subcontractor or service provider 26 awarded a construction contract (hereinafter referred to as "contractor") for all or any 27 portion of the PROJECT(S) for which the CONSULTANT provides services hereunder. 28 The CONSULTANT and its subconsultants, and all other service providers, may provide COUNTY OF FRESNO Fresno,California 06/30/17 3 1 services for, and receive compensation from a contractor who has been awarded a 2 construction contract for all or any portion of the PROJECT(S), provided that any such 3 services which are rendered, and any compensation which is received therefor, relates to 4 work outside the scope of the AGREEMENT and does not pose a conflict of interest. 5 F. Any subcontract in excess of $25,000 entered into as a result of the 6 AGREEMENT, shall contain all the provisions stipulated in the AGREEMENT to be 7 applicable to subcontractors. 8 G. The CONSULTANT is responsible for being fully informed regarding the 9 requirements of 49 CFR, Part 26 and the CALTRANS Disadvantaged Business Enterprise 10 program developed pursuant to the regulations, as detailed in Appendix C, attached hereto 11 and incorporated herein. 12 II. DESCRIPTION OF THE WORK COVERED BY THE AGREEMENT 13 A. The work to be performed by the CONSULTANT under the AGREEMENT 14 includes on-call professional services under Article III for various COUNTY Public Works 15 PROJECTS, including but not limited to, general civil and transportation engineering, 16 structural engineering, geotechnical engineering and materials testing, water resources 17 engineering, electrical and control systems engineering, and surveying. Work on roads 18 and bridges shall be done in accordance with American Association of State Highway and 19 Transportation Officials (AASHTO) requirements for applicable structures. All projects 20 funded wholly or in part by CALTRANS must conform to all requirements by CALTRANS 21 and Federal Highway Administration (FHWA) as contained in Section 11 of CALTRANS 22 LAPM Volume 1. 23 B. The CONSULTANT agrees to provide the professional services that are 24 necessary for each PROJECT when expressly authorized in writing by the CONTRACT 25 ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the 26 CONSULTANT has received a written Notice to Proceed from the CONTRACT 27 ADMINISTRATOR authorizing the necessary service, agreed upon fee, and scope of work. 28 III. CONSULTANT'S SERVICES COUNTY OF FRESNO Fresno,California 06/30/17 4 1 The CONSULTANT shall submit proposals in response to requests issued by the 2 CONTRACT ADMINISTRATOR on a project-by-project basis. The CONSULTANT'S 3 proposal at a minimum shall include, but not be limited to, staff qualifications, proposed 4 method and schedule for completing the task(s), completed federal forms and a sealed 5 cost proposal. The CONSULTANT agrees that each professional or other individual 6 performing work on any such PROJECT(S) shall be adequately trained to perform the work 7 and shall possess the proper license, certification or registration as required by law or by s accepted standards of the applicable profession. The CONSULTANT agrees to provide 9 the professional services that are necessary to complete the following tasks when 10 expressly authorized in writing by the CONTRACT ADMINISTRATOR: 11 A. Technical Reports: 12 1. Ascertain the requirements for Technical Reports through meetings with 13 the CONTRACT ADMINISTRATOR and a review of existing information on the 14 PROJECT(S). 15 2. The CONSULTANT shall prepare and submit technical reports to the 16 CONTRACT ADMINISTRATOR for each assigned PROJECT. Technical reports shall be 17 prepared in accordance with the appropriate format required by local, state and federal 18 laws, regulations and guidelines. 19 3. When requested by the CONTRACT ADMINISTRATOR, the 20 CONSULTANT shall attend meetings with the COUNTY, federal, state and/or local 21 representatives to discuss and review the technical report. The CONSULTANT shall 22 prepare brief minutes of meetings attended and promptly submit the minutes to the 23 CONTRACT ADMINISTRATOR within seven (7) days. 24 4. The CONSULTANT shall submit each technical report to the CONTRACT 25 ADMINISTRATOR for transmittal to other appropriate agencies for their review and 26 approval. The CONSULTANT shall revise and resubmit each technical report as 27 necessary until approved by all appropriate agencies. Standard submittal shall be five (5) 28 reproducible copies and one (1) electronic copy of each technical report. The COUNTY OF FRESNO Fresno,California 06/30/17 5 1 CONSULTANT shall verify compatible format and quantity prior to final delivery. 2 5. The CONSULTANT shall prepare technical studies and estimates on 8 '/2" 3 by 11" pages, provide hard copy and electronic format as standard submittal; and prepare 4 documents in Microsoft Word 2010 or later, Microsoft Excel 2010 or later, or Adobe 9.0 or 5 later, or other mutually agreed upon format. Such submittals shall be furnished on 6 compact disc (CD). The CONSULTANT shall verify compatible format and quantity prior to 7 final delivery. 8 6. The CONSULTANT shall submit five (5) hard copies of each drawing 9 prepared with AutoCAD Civil 3D, version 2013 or later and an electronic copy in the form o 10 DXF or .DWG files. Such submittals shall be furnished on CD. The CONSULTANT shall 11 verify a compatible format prior to final file delivery. 12 B. Prepare Design Plans, Technical Specifications and Construction Estimate: 13 The CONSULTANT shall: 14 1. Ascertain the requirements for the assigned PROJECT(S)through 15 meetings with the CONTRACT ADMINISTRATOR and a review of an existing schematic 16 layout of the PROJECT(S). 17 2. Ascertain any requirements, unforeseen criteria, or issues for the 18 PROJECT(S)that may be unknown to the CONTRACT ADMINISTRATOR and 19 communicate these requirements, criteria, or issues to the CONTRACT ADMINISTRATOR. 20 3. Provide surveying, if needed, for the PROJECT(S). 21 4. Design the PROJECT(S)to conform to requirements of the reviewing 22 agencies having jurisdiction over the PROJECT(S). 23 5. Design the PROJECT(S) to include mitigation measures included in the 24 environmental document. 25 6. Monitor and keep the CONTRACT ADMINISTRATOR informed regarding 26 the impact of design issues on the PROJECT budget. Upon the written request of the 27 CONTRACT ADMINISTRATOR, the CONSULTANT shall incorporate into the design, such 28 reasonable design and operational changes as the CONTRACT ADMINISTRATOR deems COUNTY OF FRESNO Fresno,California 06130/17 6 1 appropriate as a result of the COUNTY'S review processes and impact on each PROJECT 2 budget or estimate. 3 7. Assist the COUNTY in determining all permits that may be required for the 4 PROJECT and prepare all necessary permits for the COUNTY'S submittal to outside 5 agencies. 6 8. Work with the CONTRACT ADMINISTRATOR to ensure that the plans, 7 specifications and estimate meet all requirements to be advertised for construction bids. 8 9. Prepare a detailed estimate, which shall identify the construction 9 components and requirements of the PROJECT. 10 10. If required by approval agencies, submit to the COUNTY in the 11 appropriate agency forms, the PROJECT background information and recommended 12 testing and inspection list for materials to be used, identifying type, quantity, frequency, and 13 schedule, for each PROJECT. Submit required numbers of sets of plans, specifications, 14 and other documents required by approval agencies to the CONTRACT 15 ADMINISTRATOR. 16 11. Prepare technical specifications and estimate setting forth in detail the 17 work to be done, the materials, workmanship, and equipment required for the other 18 components of construction necessary to provide the COUNTY complete and functional 1g the PROJECTS for its intended purpose within the requirements of the AGREEMENT. 20 12. Assist the CONTRACT ADMINISTRATOR in developing base bid and 21 additive bid item schedules. 22 13. Submit to the CONTRACT ADMINISTRATOR the projected and final 23 construction estimate. Verify the reasonableness of the estimated construction period for 24 construction contract bidding purposes as provided by the CONTRACT ADMINISTRATOR 25 and identify long delivery times of materials and equipment which will control length of 26 construction contract. 27 14. Respond to Requests for Clarification during the bidding process and 28 submit to the CONTRACT ADMINISTRATOR for review and approval any additional COUNTY OF FRESNO Fresno,California 06/30/17 7 1 specifications, clarifications, or additional plan sheets deemed necessary. Responses 2 should be submitted within three (3)working days of receipt. 3 15. Assist the CONTRACT ADMINISTRATOR in evaluating the bids 4 received. 5 16. Delete or otherwise change portions of the construction work at the 6 request of the CONTRACT ADMINISTRATOR if the lowest bid proposal for the 7 construction contract exceeds the COUNTY approved engineer's estimate (which will 8 include the CONSULTANT'S design contingency amount approved by the COUNTY) by 9 10% or more; and if the COUNTY rejects all bids, modifications performed by the 10 CONSULTANT shall be completed on a time schedule commensurate with the scope of 11 the changes and as set forth by the COUNTY, and the CONSULTANT will be 12 compensated on a time and materials basis, as agreed to in writing, by the COUNTY and 13 the CONSULTANT. 14 17. Submit to the CONTRACT ADMINISTRATOR ten (10) copies of the 15 30%, 60% and 90% plans (22" X 34" format), specifications and estimates for review. 16 Submit progress prints and final originals of the plans, specifications, and estimates. Prior 17 to submission of plans, the CONSULTANT shall request from the CONTRACT 18 ADMINISTRATOR examples of acceptable drafting format and reproducible standards. 19 Verification of compatible format will be required prior to final file delivery. The CONTRACT 20 ADMINISTRATOR, at his/her discretion, may reject a submittal that is determined 21 insufficient. 22 a. 30% plans, specifications and estimates shall include copies of 23 utility locations, centerline stationing, proposed and existing right-of-way, typical sections 24 and structural sections. 25 b. 60% plans, specifications and estimates shall include 30% plan 26 information and in addition, preliminary cross sections and earthwork calculations at 25' or 27 50' intervals, adequate information to allow construction survey staking, permits, 28 preliminary profile grade, an updated engineer's estimate, and also shall address COUNTY OF FRESNO Fresno,California 06/30/17 8 1 comments and include necessary revisions as identified by the CONTRACT 2 ADMINISTRATOR in the 30% review. 3 c. 90% plans, specifications and estimates shall include 60% plan 4 information and in addition, updated cross sections and earthwork, profile grade, technical 5 specifications, typical sections and the PROJECT details, and also shall address 6 comments and include necessary revisions as identified by the CONTRACT 7 ADMINISTRATOR in the 60% review. 8 d. Final original plans, specifications and estimates to be delivered to 9 the CONTRACT ADMINISTRATOR shall include: 10 i. One (1) original reproducible plan set on 22" by 34" sheets of 11 4 mil thick double matte film. 12 ii. One (1) reproducible copy of cross sections on 22" by 34" 13 sheets of 4 mil thick double matte film. 14 iii. One (1) CD or DVD with final plans, cross sections and 15 slope stake information, design calculations, quantity calculations, and other design 16 information as applicable to the PROJECT. 17 iv. One (1) stamped and wet signed paper copy and one (1) CD 18 or DVD with final specifications and estimates. 19 18. Plan sheets, cross sections, earthwork calculations and slope stake 20 information shall be in AutoCAD Civil 3D, version 2013 or later. Slope stake information 21 shall include 50-foot intervals for tangent sections and 25-foot intervals for curved sections. 22 Specifications shall be in Microsoft Word, version 2010 or later and on 8 Y2" by 11" pages. 23 Final engineer's estimates shall be in Microsoft Excel, version 2010 or later and on 8 Y2" by 24 11" pages. Estimates shall specify specialty and/or final pay items as described in the 25 CALTRANS State Standard Specifications. Verification of compatible format will be 26 required prior to final file delivery. 27 19. The COUNTY will package the CONSULTANT'S documents with those 28 other documents that together will comprise the COUNTY'S construction contract and bid COUNTY OF FRESNO Fresno,California 06/30/17 9 1 specifications. 2 20, The CONSULTANT shall deliver to the CONTRACT ADMINISTRATOR 3 three (3) weeks prior to the advertising date (which will be determined by the CONTRACT 4 ADMINISTRATOR) the final completed original drawings and specifications for the 5 COUNTY'S printing and distribution of bid sets to interested prospective contractors. The 6 original drawings and specifications index sheet shall be stamped by a seal with the 7 CONSULTANT'S and subconsultant's license numbers and license renewal dates and/or s signed in accordance with the California Business and Professions Code. 9 C. Construction Observation Services: 10 The CONSULTANT shall: 11 1. Attend the preconstruction conference scheduled by the CONTRACT 12 ADMINISTRATOR. 13 2. When requested by the CONTRACT ADMINISTRATOR, attend meetings 14 with the COUNTY, and/or any federal, state and/or local representatives. The 15 CONSULTANT shall prepare brief minutes of all meetings attended and promptly submit 16 those minutes to the CONTRACT ADMINISTRATOR within seven (7) calendar days. 17 3. Make recommendations to the COUNTY on all claims of the COUNTY or 18 the construction contractor and all other matters relating to the execution and progress of 19 work, including interpretation of the contract documents for the PROJECT. 20 4. Within seven (7) calendar days of the COUNTY'S request, review and 21 make recommendations for samples, schedules, shop drawings, and other submissions for 22 general conformance with the design concept of the PROJECT(S) and for general 23 compliance with the plans and specifications and information provided by the contract 24 documents for the PROJECT. 25 5. Within two (2) working days, respond to requests from the CONTRACT 26 ADMINISTRATOR for information needed from the CONSULTANT in order to clarify 27 construction plans and specifications and to review the construction contractor's cost 28 estimates for all change orders. COUNTY OF FRESNO Fresno,Calitomia 06/30/17 10 1 6. Recommend and assist in the preparation of such change orders as 2 deemed necessary with supporting documentation, calculations and estimate, for review 3 and issuance of change orders by the COUNTY Construction Engineer to obtain 4 appropriate agency acceptance and approval. 5 7. Assist the COUNTY, at the DIRECTOR's express, written authorization, 6 with any claim resolution process involving the construction contractor and the COUNTY as 7 specified hereunder, including serving as a witness in connection with any public hearings 8 or legal proceeding, and also including dispute resolutions required by law or hereunder. g The parties recognize that this clause is provided as a means of expediting resolution of 10 claims among the construction contractor, the COUNTY, and the CONSULTANT. 11 However, it is understood the construction contractor is not an intended third party 12 beneficiary of this clause. Compensation for these services shall be computed and 13 invoiced at hourly rates listed in Appendix D hereto. Any assistance provided by the 14 CONSULTANT as described in this Article 111, Section C, Paragraph 7 shall be subject to 15 the provisions of Article VI, hereinafter, and shall also be subject to the following: 16 a. The DIRECTOR may believe the CONSULTANT'S work under the 17 AGREEMENT to have included negligent errors or omissions, or that the CONSULTANT 18 may otherwise have failed to comply with the provisions of the AGREEMENT, either 19 generally or in connection with its duties as associated with a particular PROJECT; and 20 that the cause(s) for a claim by the construction contractor may be attributable, in whole or 21 in part, to such conduct on the part of the CONSULTANT. Upon notice by the DIRECTOR, 22 the payments to the CONSULTANT for such arguably deficient services shall be held in 23 suspense by the COUNTY until a final determination has been made, of the proportion that 24 the CONSULTANT'S fault bears to the fault of all other parties concerned. 25 b. Such amounts held in suspense shall not be paid to the 26 CONSULTANT, pending the final determination as to the CONSULTANT'S proportional 27 fault. However, the appropriate percentage of such amount held in suspense shall be paid 28 to the CONSULTANT, once a final determination has been made, and the CONSULTANT COUNTY OF FRESNO Fresno,California 06/30/17 11 1 thereafter submits a proper invoice to the COUNTY. Payment shall be issued in 2 accordance with the procedure outlined in Article VI, Section B, Paragraph 2. 3 8. At intervals appropriate to the stage of construction, or as otherwise 4 deemed necessary by the CONSULTANT, visit the site of the PROJECT(S) as necessary 5 to become familiar generally with the progress and quality of the work and to determine 6 whether the work is proceeding in general accordance with the contract documents. The 7 CONSULTANT shall not be required to make exhaustive or continuous onsite inspections 8 but shall give direction to the Construction Inspector as hereinafter more specifically 9 provided. The CONSULTANT shall not be responsible for the construction contractor's 10 failure to carry out the construction work in accordance with the contract documents. 11 However, the CONSULTANT shall immediately advise the CONTRACT ADMINISTRATOR 12 of any known or observed deviation from the contract documents. 13 9. Not have control over or charge of, and shall not be responsible for 14 construction means, methods, techniques, sequence, or procedure, or for the safety 15 precautions, programs, or equipment in use in connection with the work, since these are 16 solely the construction contractor's responsibility under the contract for construction. 17 10. Submit progress reports on each specific PROJECT in accordance with 18 the task order. These reports shall be submitted at least once a month. The report shall be 19 sufficiently detailed for CONTRACT ADMINISTRATOR to determine if the CONSULTANT 20 is performing to expectations or is on schedule, to provide communication of interim 21 findings, and so sufficiently address any difficulties or special problems encountered so 22 remedies can be developed. 23 11. Advise the CONTRACT ADMINISTRATOR of defects and deficiencies 24 observed in the work of the construction contractor, and may recommend that the 25 DIRECTOR reject work as failing to conform to the contract documents. 26 12. Conduct site visits and field observations to facilitate recommendations 27 by the CONSULTANT regarding: 28 a. dates of substantial completion. COUNTY OF FRESNO Fresno,California 06/30/17 12 1 b. dates of final completion. 2 c. the DIRECTOR'S acceptance of the work. 3 d. the DIRECTOR'S filing of the Notice of Completion and Issuance of 4 Final Certificate for payment. 5 e. other issues which may require site visits. 6 D. Control of Construction Project Site 7 The COUNTY agrees that in accordance with generally accepted practices, the 8 COUNTY'S construction contractor will be required to assume sole and complete s responsibility for job site conditions during the course of construction projects; including 10 safety of all persons and property, and that this requirement shall be made to apply 11 continuously during projects and not be limited to normal working hours. The 12 CONSULTANT shall not have control over or charge of, and shall not be responsible for, 13 project means, methods, techniques, sequences or procedures, as these are solely the 14 responsibility of the construction contractor. The CONSULTANT shall not have the 15 authority to stop or reject the work of the construction contractor. 16 IV. OBLIGATIONS OF THE COUNTY 17 The COUNTY will: 18 A. Issue task orders on a project-by-project basis. Task orders will at a minimum 19 include scope of work, location, and schedule for the PROJECT. 20 B. Provide the CONSULTANT with a PROJECT Scope and Schedule, and 21 compensate the CONSULTANT as provided in the AGREEMENT. 22 C. Provide an individual CONTRACT ADMINISTRATOR to serve as a 23 representative of the COUNTY who will coordinate and communicate with the 24 CONSULTANT, to the extent appropriate, to facilitate the CONSULTANT'S performance of 25 its obligations in accordance with the provisions of the AGREEMENT. 26 D. Provide basic plan sheet layouts as required. 27 E. Examine documents submitted to the COUNTY by the CONSULTANT and time) 28 render decisions pertaining thereto. COUNTY OF FRESNO Fresno,California 06/30/17 13 1 F. Provide aerial photographs as required. 2 G. Provide copies of any available existing as-built plans and right-of-way drawings 3 from the COUNTY'S files. 4 H. Provide mailing lists and labels for notification of property owners upon the 5 CONSULTANT'S request. 6 I. Provide preliminary engineering survey data on existing structures and 7 topographic mapping in AutoCAD Civil 3D, version 2013 or later, format to the s CONSULTANT, if available. g J. Prepare all legal descriptions and drawings required for right-of-way acquisition 10 and/or temporary construction permits. 11 K. Provide limited assistance to CONSULTANT, as may be appropriate under the 12 circumstances, in connection with CONSULTANT'S processing of required permits. 13 L. Give reasonably prompt consideration to all matters submitted for approval by 14 the CONSULTANT to the end that there will be no substantial delays in the 15 CONSULTANT'S program of work. An approval, authorization or request to the 16 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms 17 of the AGREEMENT only if it is made in writing and signed on behalf of the COUNTY by 18 CONTRACT ADMINISTRATOR. 19 V. TERM OF AGREEMENT / PERFORMANCE PERIOD 20 A. The term of this AGREEMENT shall be for a period of three (3) years, 21 commencing upon execution by the COUNTY, through and including the third anniversary 22 of the execution date. This AGREEMENT may be extended for two additional consecutive 23 twelve-month periods upon written approval of both parties no later than thirty(30) days 24 prior to the first day of the next twelve-month extension period. The DIRECTOR or his or 25 her designee is authorized to execute such written approval on behalf of COUNTY based 26 on CONSULTANT'S satisfactory performance. The CONSULTANT shall commence work 27 promptly after receipt of a notice to proceed issued by the CONTRACT ADMINISTRATOR. 28 B. The CONSULTANT is advised and hereby acknowledges its understanding that COUNTY OF FRESNO Fresno,California 06/30/17 14 1 any recommendation for award is not binding on the COUNTY until the AGREEMENT is 2 fully executed following its approval by the COUNTY's Board of Supervisors. 3 VI. ALLOWABLE COSTS AND PAYMENTS 4 A. Total Fee: 5 1. Notwithstanding any other provisions in the AGREEMENT, the Total Fee 6 for the services required under the AGREEMENT, shall not exceed the total sum of Nine 7 Hundred Thousand and No/000 Dollars ($900,000.00) over the entire term of the s AGREEMENT. Compensation for the services 9 rendered shall be computed at the hourly and cost rates shown in Appendix D, subject to 10 any adjustments that may be approved in accordance with Article VI, Section A, Paragraph 11 3. 12 2. The hourly and cost rates listed herein for services rendered by the 13 CONSULTANT and subconsultants shall remain in effect for the entire duration of the 14 AGREEMENT unless adjusted in accordance with the provisions of Article VI, Section A, 15 Paragraphs 3, 5, or 6. 16 3. The hourly rates paid for services performed by the CONSULTANT and b 17 subconsultants of the CONSULTANT and the rates for expenses incidental to the 18 CONSULTANT'S and subconsultant's performance of services may be adjusted no more 19 than once annually for inflation, in accordance with the following provisions: the 20 CONSULTANT may request new labor rates and new rates for expenses incidental to the 21 CONSULTANT'S and subconsultant's performance of services subject to written approval 22 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article VI, 23 Section A, Paragraph 3. The CONSULTANT shall initiate the rate adjustment process by 24 submitting to the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The 25 proposed adjusted fee schedule shall include proposed hourly rates for all categories of the 26 CONSULTANT and subconsultants wage classifications and proposed rates for incidental 27 expenses listed in Appendix D. The proposed adjusted fee schedule shall not take effect 28 unless approved in writing by the CONTRACT ADMINISTRATOR. The CONSULTANT COUNTY OF FRESNO Fresno,California 06/30/17 15 1 hereby acknowledges its understanding that approval by the CONTRACT 2 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide 3 a basis for any increase in the total fee of $900,000.00, as set forth in Article VI, Section A, 4 Paragraph 1. 5 4. Expenses incidental to the CONSULTANT'S and subconsultant's 6 performance of services under Article III of the AGREEMENT shall be charged at the rates 7 listed in Appendix D, subject to any adjustments that may be approved in accordance with 8 Article VI, Section A, Paragraphs 3, 5, or 6. Unless incorporated in an adjusted fee 9 schedule approved by the CONTRACT ADMINISTRATOR in accordance with Article VI, 10 Section A, Paragraphs 3, 5, or 6, all other expenses incidental to the CONSULTANT'S and 11 any subconsultant's performance of the services under Article III of the AGREEMENT that 12 are not listed in Appendix D shall be borne by the CONSULTANT. 13 5. In the event that, in accordance with Article I, Section D, the CONTRACT 14 ADMINISTRATOR approves the CONSULTANT to retain additional subconsultants not 15 listed in Appendix B, hourly rates paid for services performed by such additional 16 subconsultants of the CONSULTANT and the rates for expenses incidental to 17 subconsultants performance of services may be adjusted no more than once annually for 18 inflation, in accordance with Article VI, Section A, Paragraph 3. The first annual 19 adjustment of hourly and incidental expense rates for such additional subconsultants shall 20 not be approved prior to one year after the CONTRACT ADMINISTRATOR'S approval of 21 the retention of such additional subconsultant(s) by the CONSULTANT. 22 6. Notwithstanding any other provisions in the AGREEMENT, the 23 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the 24 CONSULTANT'S or subconsultant's list of rates for incidental expenses to include 25 additional categories of such expenses if, in the opinion of the CONTRACT 26 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S 27 performance of the PROJECT(S). 28 B. Payments: COUNTY OF FRESNO Fresno,California 06/30/17 16 1 1. Progress payments will be made by the COUNTY upon receipt of the 2 CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR 3 thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the 4 respective components of the assigned PROJECT. Invoices shall clearly identify the 5 Phase and Task of the work, and the date(s) on which the work was performed, and shall 6 be submitted with the documentation identified in Article VI, Section B, Paragraph 5. 7 Invoices shall be forwarded electronically to: PWPBusinessOffice(o-).co.fresno.ca.us 8 2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR will 9 take a maximum of ten (10) working days to review, approve, and submit it to the COUNTY 10 Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be 11 returned to the CONSULTANT for correction and resubmittal. Payment, less retention, if 12 applicable, will be issued to the CONSULTANT within forty (40) calendar days of the date 13 the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice. 14 3. The COUNTY is entitled to withhold a five percent (5%) retention from the 15 CONSULTANT'S earned compensation in accordance with the provisions of Article VII of 16 the AGREEMENT. 17 4. An unresolved dispute over a possible error or omission may cause 18 payment of the CONSULTANT fees in the disputed amount to be withheld by the 19 COUNTY. 20 5. Concurrently with the invoices, the CONSULTANT shall certify(through 21 copies of issued checks, receipts, or other COUNTY pre-approved documentation) that 22 complete payment, less a five percent (5%) retention, except as otherwise specified in 23 Article VII, has been made to all subconsultants as provided herein for all previous invoices 24 paid by the COUNTY. However, the parties do not intend that the foregoing create in any 25 subconsultants or sub-contractor a third party beneficiary status or any third party 26 beneficiary rights, and do hereby expressly disclaim any such status or rights. 27 6. Final invoices, and separate invoices for retentions, shall be submitted to 28 CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase is completed. COUNTY OF FRESNO Fresno,California 06/30/17 17 1 Payment for retentions, if any, shall not be made until all services for the phase are 2 completed. 3 7. In the event the DIRECTOR reduces the scope of the CONSULTANT'S 4 work under the AGREEMENT for a specific PROJECT (or discontinues a specific 5 PROJECT), whether due to a deficiency in the appropriation of anticipated funding or 6 otherwise, the CONSULTANT will be compensated on a pro rata basis for actual work 7 completed and accepted by the DIRECTOR in accordance with the terms of the 8 AGREEMENT. 9 VII. RETENTION FROM EARNED COMPENSATION 10 In addition to any amounts withheld under Article III, the CONSULTANT agrees that 11 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five 12 percent (5%) retention from the earned compensation of the CONSULTANT. If the 13 CONTRACT ADMINISTRATOR determines that retention will be withheld for a PROJECT, 14 the CONTRACT ADMINISTRATOR will so state in writing prior to commencement of the 15 PROJECT by the CONSULTANT and will identify the PROJECT-specific prerequisites 16 (such as successful completion of a PROJECT phase, as an example) for the release of 17 retentions. 18 VIII. TERMINATION 19 A. The AGREEMENT maybe terminated without cause at anytime by the 20 COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates the 21 AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily 22 completed to the date of termination based upon the compensation rates and subject to 23 the maximum amounts payable agreed to in Article VI, together with such additional 24 services satisfactorily performed after termination which are expressly authorized by the 25 COUNTY to conclude the work performed to date of termination. 26 B. If the CONSULTANT purports to terminate the AGREEMENT, or otherwise 27 refuses to perform pursuant to the AGREEMENT, for reasons other than material breach 28 by the COUNTY, the CONSULTANT shall reimburse the COUNTY, up to a maximum of COUNTY OF FRESNO Fresno,California 06/30/17 18 1 $10,000 for the actual expense of issuing a Request For Proposal (RFP), engaging a new 2 consultant, and the new consultant's cost in becoming familiar with the previous 3 CONSULTANT'S work. The COUNTY'S entitlement to such reimbursement shall in no 4 way be construed as a limitation on other damages that may be recoverable by the 5 COUNTY as a result of the CONSULTANT'S termination, in breach of its obligations 6 hereunder. 7 C. The COUNTY may immediately suspend or terminate the AGREEMENT in 8 whole or in part, where in the determination of the COUNTY there is: 9 1. An illegal or improper use of funds; 10 2. A failure to comply with any term of the AGREEMENT; 11 3. A substantially incorrect or incomplete report submitted to the COUNTY; 12 4. Improperly performed service. 13 D. In no event shall any payment by the COUNTY constitute a waiver by the 14 COUNTY of any breach of the AGREEMENT or any default which may then exist on the 15 part of the CONSULTANT, nor shall such payment impair or prejudice any remedy 16 available to the COUNTY with respect to the breach or default. The DIRECTOR shall have 17 the right to demand of the CONSULTANT the repayment to the COUNTY of any funds 18 disbursed to the CONSULTANT under the AGREEMENT, which, in the judgment of the 19 DIRECTOR and as determined in accordance with the procedures of Article XVI, were not 20 expended in accordance with the terms of the AGREEMENT. The CONSULTANT shall 21 promptly refund any such funds upon demand. 22 E. The terms of the AGREEMENT, and the services to be provided thereunder, are 23 contingent on the approval of funds by the appropriating government agency. Should 24 sufficient funds not be allocated, the services provided may be modified, or the 25 AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days advance 26 written notice. In the event of termination on the basis of this Paragraph, the 27 CONSULTANT'S entitlement to payment, in accordance with the payment provisions set 28 forth hereinabove, shall apply only to work performed by the CONSULTANT prior to receipt COUNTY OF FRESNO Fresno,Cafitomia 06/30/17 19 1 of written notification of such non-allocation of sufficient funding. 2 IX. FUNDING REQUIREMENTS 3 A. It is mutually understood between the parties that the AGREEMENT may have 4 been written before ascertaining the availability of funds or appropriation of funds, for the 5 mutual benefit of both parties, in order to avoid program and fiscal delays that would occur 6 if the AGREEMENT were executed after that determination was made. 7 B. The AGREEMENT is subject to any additional restrictions, limitations, conditions, s or any legislation enacted by the Congress, State Legislature or County Board of 9 Supervisors that may affect the provisions, terms, or funding of the AGREEMENT in any 10 manner. 11 C. It is mutually agreed that if sufficient funds are not appropriated, the 12 AGREEMENT may be amended to reflect any reduction in funds. 13 D. The COUNTY has the option to void the AGREEMENT under the 30-day 14 cancellation clause, or to amend the AGREEMENT by mutually acceptable modification of 15 its provisions to reflect any reduction of funds. 16 X. CHANGE IN TERMS 17 A. The AGREEMENT may be amended or modified only by mutual written 18 agreement of both parties. Except as provided in Article V, Section A, any such written 19 amendment to the AGREEMENT may be approved on the COUNTY's behalf only by its 20 Board of Supervisors. 21 B. The CONSULTANT shall only commence work covered by an amendment after 22 the amendment has been fully executed and written notification to proceed has been 23 issued by the CONTRACT ADMINISTRATOR. 24 XI DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION 25 A. The CONSULTANT must give consideration to Disadvantaged Business 26 Enterprise (hereinafter referred to as "DBE") firms as specified in 23 Code of Federal 27 Regulations (hereinafter referred to as "CFR") Section 172.5(b), and in 49 CFR, Part 26. 28 The CONSULTANT must meet the DBE goal established for PROJECTS by using DBEs COUNTY OF FRESNO Fresno,California 06/30/17 20 1 as subconsultants or document a good faith effort to have met the goal. If a DBE 2 subconsultant is unable to perform, the CONSULTANT must make a good faith effort to 3 replace him/her with another DBE subconsultant if the goal is not otherwise met. 4 B. The CONSULTANT is responsible for being fully informed regarding the 5 requirements of Title 49 CFR, Part 26 and CALTRANS' Disadvantaged Business 6 Enterprise program developed pursuant to the regulations, as detailed in Appendix C, 7 Notice to Proposers DBE Information, attached hereto and incorporated herein. 8 C. A DBE subconsultant may be terminated only with written approval by the 9 CONTRACT ADMINISTRATOR and only for reasons specified in 49 CFR Section 26.53(f). 10 Prior to requesting the CONTRACT ADMINISTRATOR consent for the proposed 11 termination, the CONSULTANT must meet the procedural requirements specified in 49 12 CFR Section 26.53(f). 13 XII. COST PRINCIPLES 14 A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 15 Title 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq. 16 (Appendix E), shall be used to determine the allowability of cost for individual items. 17 B. The CONSULTANT also agrees to comply with federal procedures in 18 accordance with Title 49 CFR, Part 18, Uniform Administrative Requirements for Grants 19 and Cooperative Agreements to State and Local Governments. 20 C. Any costs for which payment has been made to the CONSULTANT that are 21 determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR, 22 Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to 23 repayment by the CONSULTANT to the COUNTY. 24 XIII. COVENANT AGAINST CONTINGENT FEES 25 A. The CONSULTANT warrants, by execution of the AGREEMENT, that the 26 CONSULTANT has not employed or retained any company or person, other than a bona 27 fide employee working for the CONSULTANT; to solicit or secure the AGREEMENT; and 28 that CONSULTANT has not paid or agreed to pay any company or person other than a COUNTY OF FRESNO Fresno,California 06/30/17 21 1 bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other 2 consideration, contingent upon or resulting from the award or formation of the 3 AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right 4 to annul the AGREEMENT without liability, and to pay only for the value of the work 5 actually performed by the CONSULTANT, or alternatively in the COUNTY's discretion, to 6 deduct from the contract price or consideration, or otherwise recover the full amount of 7 such any such commission, percentage, brokerage fee, gift, contingent fee or similar form 8 of consideration previously paid by the CONSULTANT. 9 XIV. RETENTION OF RECORDS/AUDIT 10 A. For the purpose of determining the sufficiency of the CONSUTLANT'S 11 performance of the contract (and compliance with Public Contract Code 10115, et seq. and 12 Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when 13 applicable), the CONSULTANT, subcontractors, and the COUNTY, and each of them, shall 14 maintain all books, documents, papers, accounting records, and other evidence pertaining 15 to the performance of the AGREEMENT, including but not limited to, the costs of 16 administering the AGREEMENT. 17 B. All parties shall make such materials available at their respective offices at all 18 reasonable times throughout the entirety of the contract term and for three years from the 19 date of final payment under the contract, pursuant to Government Code 8546.7. The state, 20 the State Auditor, the COUNTY, Federal Highway Administration, or any duly authorized 21 representative of the federal government shall have access to any books, records, and 22 documents of the CONSULTANT that are pertinent to the contract for audit, examinations, 23 excerpts, and transactions, and copies thereof shall be fumished if requested. It shall be 24 the responsibility of the CONSULTANT to ensure that all subcontracts in excess of 25 $25,000 shall contain this provision. 26 C. The CONSULTANT and subconsultants' contracts, including cost proposals and 27 indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a 28 Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) COUNTY OF FRESNO Fresno,California 06/30/17 22 1 ICR Audit Workpaper Review. If selected for audit or review, the AGREEMENT, cost 2 proposal and ICR and related workpapers, if applicable, will be reviewed to verify 3 compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances 4 of a CPA ICR Audit Workpaper Review it is the CONSULTANT'S responsibility to ensure 5 federal, state, or local government officials are allowed full access to the CPA's 6 workpapers. The AGREEMENT, cost proposal, and ICR shall be adjusted by the 7 CONSULTANT and approved by the CONTRACT ADMINISTRATOR to conform to the 8 audit or review recommendations. The CONSULTANT agrees that individual terms of costs s identified in the audit report shall be incorporated into the AGREEMENT by this reference if 10 directed by the COUNTY at its sole discretion. Refusal by the CONSULTANT to 11 incorporate audit or review recommendations, or to ensure that the Federal, State, or local 12 governments have access to CPA workpapers, will be considered a breach of the 13 AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of 14 prior reimbursed costs. 15 XV. AUDIT REVIEW PROCEDURES 16 A. Any dispute concerning a question of fact arising under an interim or post audit 17 of the AGREEMENT that is not disposed of by agreement between the parties, shall be 18 reviewed by the COUNTY's Auditor/Controller/Treasurer/Tax-Collector. 19 B. Not later than 30 days after issuance of the final audit report, the CONSULTANT 20 may request a review by the COUNTY's Auditor/Controller/Treasurer/Tax-Collector of 21 unresolved audit issues. The request for review will be submitted in writing. 22 C. Neither the pendency of a dispute nor its consideration by the COUNTY will 23 excuse the CONSULTANT from full and timely performance, in accordance with the terms 24 of the AGREEMENT. 25 D. The CONSULTANT and subconsultants' contracts, including cost proposals and 26 indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a 27 Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant(CPA) 28 ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal COUNTY OF FRESNO Fresno,California 06/30/17 23 1 and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 2 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit 3 Workpaper Review it is the CONSULTANT's responsibility to ensure federal, state, or local 4 government officials are allowed full access to the CPA's workpapers. The AGREEMENT, 5 cost proposal, and ICR shall be adjusted by the CONSULTANT and approved by the 6 CONTRACT ADMINISTRATOR to conform to the audit or review recommendations. The 7 CONSULTANT agrees that individual terms of costs identified in the audit report shall be 8 incorporated into the contract by this reference if directed by the COUNTY at its sole 9 discretion. Refusal by the CONSULTANT to incorporate audit or review recommendations, 10 or to ensure that the Federal, State, or local governments have access to CPA workpapers, 11 will be considered a breach of contract terms and cause for termination of the 12 AGREEMENT and disallowance of prior reimbursed costs. 13 XVI. ERRORS OR OMISSIONS CLAIMS AND DISPUTES 14 A. Definitions: 15 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider o 16 professional services, acting as a business entity (owner, partnership, corporation, joint 17 venture or other business association) in accordance with the terms of an agreement with 18 the COUNTY. 19 2. A "Claim" is a demand or assertion by one of the parties seeking, as a 20 matter of right, adjustment or interpretation of contract terms, payment of money, extension 21 of time, change orders, or other relief with respect to the terms of the contract. The term 22 "Claim" also includes other disputes and matters in question between the COUNTY and 23 the CONSULTANT arising out of or relating to the contract. Claims must be made by 24 written notice. The provisions of Government Code section 901, et seq., shall apply to 25 every claim made to the COUNTY. The responsibility to substantiate claims shall rest with 26 the party making the claim. The term "Claim" also includes any allegation of an error or 27 omission by the CONSULTANT. 28 B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the COUNTY OF FRESNO Fresno,California 06/30/17 24 1 following procedures are established in the event of any claim or dispute alleging a 2 negligent error, act, or omission, of the CONSULTANT. 3 1. Claims, disputes or other matters in question between the parties, arising 4 out of or relating to the AGREEMENT, shall not be subject to arbitration, but shall be 5 subject to the following procedures. 6 2. The COUNTY and the CONSULTANT shall meet and confer and attempt 7 to reach agreement on any dispute, including what damages have occurred, the measure 8 of damages and what proportion of damages, if any, shall be paid by either party. The 9 parties agree to consult and consider the use of mediation or other form of dispute 10 resolution prior to resorting to litigation. 11 3. If the COUNTY and the CONSULTANT cannot reach agreement under 12 Article XVI, Section B, Paragraph 2, the disputed issues may, upon concurrence by all 13 parties, be submitted to a panel of three (3)for a recommended resolution. The 14 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the 15 third member shall be selected by the other two panel members. The discovery rights 16 provided by California Code of Civil Procedure for civil proceedings shall be available and 17 enforceable to resolve the disputed issues. Either party requesting this dispute resolution 18 process shall, when invoking the rights to this panel, give to the other party a notice 19 describing the claims, disputes and other matters in question. Prior to twenty (20) working 20 days before the initial meeting of the panel, both parties shall submit all documents such 21 party intends to rely upon to resolve such dispute. If it is determined by the panel that any 22 party has relied on such documentation, but has failed to previously submit such 23 documentation on a timely basis to the other party, the other party shall be entitled to a 20- 24 working-day continuance of such initial meeting of the panel. The decision by the panel is 25 not a condition precedent to arbitration, mediation or litigation. 26 4. Upon receipt of the panel's recommended resolution of the disputed 27 issue(s), the COUNTY and the CONSULTANT shall again meet and confer and attempt to 28 reach agreement. If the parties still are unable to reach agreement, each party shall have COUNTY OF FRESNO Fresno,Califomia 06/30/17 25 1 recourse to all appropriate legal and equitable remedies. 2 C. The procedures to be followed in the resolution of claims and disputes may be 3 modified any time by mutual agreement of the parties hereto. 4 D. The CONSULTANT shall continue to perform its obligations under the 5 AGREEMENT pending resolution of any dispute, and the COUNTY shall continue to make 6 payments of all undisputed amounts due under the AGREEMENT. 7 E. When a claim by either party has been made alleging the CONSULTANT'S 8 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and g confer within twenty-one (21)working days after the written notice of the claim has been 1 o provided. 11 XVII. SUBCONTRACTING 12 A. The CONSULTANT shall perform the work contemplated with resources 13 available within its own organization; and no portion of the work pertinent to this contract 14 shall be subcontracted without prior written authorization by the CONTRACT 15 ADMINISTRATOR, excepting only those portions of the work and the responsible 16 subconsultants that are expressly identified in Appendix B hereto. 17 B. Any subcontract in excess of$25,000 entered into by CONSULTANT, pertaining 18 to work to be performed under the AGREEMENT, shall contain all of the provisions 19 stipulated in the AGREEMENT to be applicable to subconsultants. 20 C. Any substitution of subconsultant(s) must be approved in writing by the 21 CONTRACT ADMINISTRATOR prior to the start of work by such subconsultant(s). 22 XVIII. EQUIPMENT PURCHASE 23 A. Prior authorization in writing, by the CONTRACT ADMINISTRATOR shall be 24 required before the CONSULTANT enters into any unbudgeted purchase order, or 25 subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The 26 CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such 27 costs. 28 B. Prior authorization by the CONTRACT ADMINISTRATOR shall be required for COUNTY OF FRESNO Fresno,California 06/30/17 26 1 purchase of any item, service or consulting work in excess of$5,000 that is not covered in 2 the CONSULTANT'S Cost Proposal; and the CONSULTANT'S request must be 3 accompanied by at least three competitive quotations, unless the absence of bidding is 4 adequately justified, to the satisfaction of the CONTRACT ADMINISTRATOR in his or her 5 discretion, by written explanation provided by the CONSULTANT with its submittal. 6 C. Any authorized purchase of equipment as a result of the AGREEMENT is 7 subject to the following: "The CONSULTANT shall maintain an inventory of all s nonexpendable property. Nonexpendable property is defined as having a useful life of at 9 least two years and an acquisition cost of$5,000 or more. If the purchased equipment 10 needs replacement and is sold or traded in, the COUNTY shall receive a proper refund or 11 credit at the conclusion of the contract, or if the contract is terminated, the CONSULTANT 12 may either keep the equipment and credit the COUNTY in an amount equal to its fair 13 market value, or sell such equipment at the best price obtainable at a public or private sale, 14 in accordance with established COUNTY procedures; and credit the COUNTY in an 15 amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair 16 market value shall be determined at the CONSULTANT'S expense, on the basis of a 17 competent independent appraisal of such equipment. Appraisals shall be obtained from an 18 appraiser mutually agreeable to by the COUNTY and the CONSULTANT, if it is determined 19 to sell the equipment, the terms and conditions of such sale must be approved in advance 20 by the COUNTY." Title 49 CFR, Part 18 requires a credit to Federal funds when 21 participating equipment with a fair market value greater than $5,000.00 is credited to the 22 PROJECT. 23 XIX. INSPECTION OF WORK 24 The CONSULTANT and any subcontractor shall permit the COUNTY, the state, and 25 the FHWA to review and inspect the PROJECT activities and files at all reasonable times 26 during the performance period of the AGREEMENT including review and inspection on a 27 daily basis. 28 XX. LIABILITY INSURANCE COUNTY OF FRESNO Fresno,California 06/30/17 27 1 A. Without limiting the COUNTY'S right to obtain indemnification from the 2 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain 3 in full force and effect, the following insurance policies prior to commencement of any work 4 for the COUNTY and, thereafter, throughout the entire term of the AGREEMENT (with the 5 exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full 6 force and effect for the additional period of time required by Article XX, Section A, 7 Paragraph 4). 8 1. Commercial General Liability Insurance with limits not less than One 9 Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of not less than 10 Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. 11 The COUNTY may require specific coverages including completed operations, products 12 liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other 13 liability insurance deemed necessary because of the nature of the AGREEMENT. 14 2. Comprehensive Automobile Liability Insurance with limits for bodily injury 15 of Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand 16 Dollars ($500,000.00) per accident and for property damages of Fifty Thousand Dollars 17 ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand 18 Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in 19 connection with the AGREEMENT. 20 3. Worker's Compensation insurance policy as required by the California 21 Labor Code. 22 4. Professional Liability Insurance: 23 a. If the CONSULTANT employs licensed professional staff in 24 providing services, Professional Liability Insurance with limits of One Million Dollars 25 ($1,000,000.00) per claim, Three Million Dollars ($3,000,000.00) annual aggregate. 26 b. The Professional Liability Insurance shall be kept in full force and 27 effect for a period of three (3) years from the date of substantial completion of the 28 CONSULTANT'S work as determined by the COUNTY. COUNTY OF FRESNO Fresno,California 06/30/17 28 I c. The CONSULTANT shall obtain endorsements to the Commercial 2 General Liability insurance naming the COUNTY, its officers, agents, and employees, 3 individually and collectively, as additional insured, but only insofar as the operations under 4 the AGREEMENT are concerned. Such coverage for additional insured shall apply as 5 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, 6 its officers, agents and employees shall be excess only and not contributing with insurance 7 provided under the CONSULTANT'S policies herein. The CONSULTANT shall give the 8 COUNTY at least thirty (30) days advance written notice of any cancellation, expiration, 9 reduction or other material change in coverage with respect to any of the aforesaid policies. 10 d. Prior to commencing any such work under the AGREEMENT, the 11 CONSULTANT shall provide to the COUNTY certificates of insurance and endorsements 12 for all of the required policies as specified above, stating that all such insurance coverage 13 has been obtained and is in full force; that the COUNTY, its officers, agents and 14 employees will not be responsible for any premiums on the policies; that such Commercial 15 General Liability insurance names the COUNTY, its officers, agents and employees, 16 individually and collectively, as additional insured, but only insofar as the operations under 17 the AGREEMENT are concerned; that such coverage for additional insured shall apply as 18 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, 19 its officers, agents and employees, shall be excess only and not contributing with insurance 20 provided under the CONSULTANT'S policies herein; and that this insurance shall not be 21 cancelled or changed without a minimum of thirty (30) days advance, written notice given 22 to the COUNTY. All certificates shall clearly indicate the COUNTY'S identifying Contract 23 Number for the AGREEMENT, and the certificates shall be sent to the attention of the 24 CONTRACT ADMINISTRATOR. 25 e. In the event the CONSULTANT fails to keep in effect at all times 26 insurance coverage as herein provided, the COUNTY may, in addition to other remedies it 27 may have, suspend or terminate the AGREEMENT upon the occurrence of such event. 28 f. All policies shall be issued by admitted insurers licensed to do COUNTY OF FRESNO Fresno,California 06/30/17 29 1 business in the State of California, and all such insurance shall be purchased from 2 companies possessing a current A.M. Best, Inc. rating of A and FSC VII or better. 3 XXI. HOLD HARMLESS 4 A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY, its 5 officers, agents, and employees, against the payment of any and all costs and expenses 6 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and 7 liability for bodily and personal injury to or death of any person or for loss of any property 8 resulting from or arising out of any negligent or wrongful acts, errors or omissions of the 9 CONSULTANT, its officers, agents, and employees, in performing or failing to perform any 1 o work, services, or functions under the AGREEMENT. 11 B. The COUNTY and the CONSULTANT hereby declare their mutual intent to 12 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the 13 negligent performance or failure to perform of any COUNTY construction contractor or 14 subcontractor involved in PROJECT(S). Such cooperation may include an agreement to 15 prepare and present a cooperative defense after consultation with the CONSULTANT'S 16 professional liability insurance carrier. 17 XXII. OWNERSHIP OF DATA 18 A. All documents, including preliminary documents, calculations, and survey data, 19 required in performing services under the AGREEMENT shall be submitted to, and shall 20 remain at all times the property of the COUNTY regardless of whether they are in the 21 possession of the CONSULTANT or any other person, firm, corporation or agency. 22 B. The CONSULTANT understands and agrees the COUNTY shall retain full 23 ownership rights of the drawings and work product of the CONSULTANT for the 24 PROJECT, to the fullest extent permitted by law. In this regard, the CONSULTANT 25 acknowledges and agrees the CONSULTANT'S services are on behalf of the COUNTY 26 and are "works made for hire," as that term is defined in copyright law, by the COUNTY; 27 that the drawings and work product to be prepared by the CONSULTANT are for the sole 28 and exclusive use of the COUNTY, and that the COUNTY shall be the sole owner of all COUNTY OF FRESNO Fresno,California 06/30/17 30 1 patents, copyrights, trademarks, trade secrets and other rights and contractual interests in 2 connection therewith which are developed and compensated solely under the 3 AGREEMENT; that all the rights, title and interest in and to the drawings and work product 4 will be transferred to the COUNTY by the CONSULTANT to the extent the CONSULTANT 5 has an interest in and authority to convey such rights; and the CONSULTANT will assist 6 the COUNTY to obtain and enforce patents, copyrights, trademarks, trade secrets, and 7 other rights and contractual interests relating to said drawings and work product, free and s clear of any claim by the CONSULTANT or anyone claiming any right through the 9 CONSULTANT. The CONSULTANT further acknowledges and agrees the COUNTY's 10 ownership rights in such drawings or work product, shall apply regardless of whether such 11 drawings or work product, or any copies thereof, are in possession of the CONSULTANT, 12 or any other person, firm, corporation, or entity. For purposes of the AGREEMENT the 13 terms "drawings and work product" shall mean all reports and study findings commissioned 14 to develop the PROJECT design, drawings and schematic or preliminary design 15 documents, certified reproducibles of the original final construction contract drawings, 16 specifications, the approved estimate, record drawings, as-built plans, and discoveries, 17 developments, designs, improvement, inventions, formulas, processes, techniques, or 18 specific know-how and data generated or conceived or reduced to practice or learning by 19 the CONSULTANT, either alone or jointly with others, that result from the tasks assigned to 20 the CONSULTANT by the COUNTY under the AGREEMENT. 21 C. If the AGREEMENT is terminated during or at the completion of any phase 22 under Article III, a reproducible copy of report(s) or preliminary documents shall be 23 submitted by the CONSULTANT to the COUNTY, which may use them to complete the 24 PROJECT(S) at a future time. 25 D. If the PROJECT is terminated at the completion of a construction document 26 phase of the PROJECT, certified reproducibles on 4 mil thick double matte film of the 27 original final construction contract drawings, specifications, and approved engineer's 28 estimate shall be submitted by the CONSULTANT to the COUNTY. COUNTY OF FRESNO Fresno,California 06/30/17 31 1 E. Documents, including drawings and specifications, prepared by the 2 CONSULTANT pursuant to the AGREEMENT are intended to be suitable for reuse by the 3 COUNTY or others on extensions of the services provided for PROJECT. Any use of 4 completed documents for projects other than PROJECT(S) and/or any use of uncompleted 5 documents will be at the COUNTY'S sole risk and without liability or legal exposure to the s CONSULTANT. 7 The electronic files provided by the CONSULTANT to the COUNTY are submitted 8 for an acceptance period lasting until the expiration of the AGREEMENT (i.e., throughout s the duration of the contract term, including any extensions). Any defects the COUNTY 10 discovers during such acceptance period will be reported to the CONSULTANT and will be 11 corrected as part of the CONSULTANT'S "Basic Scope of Work." 12 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising out 13 of, or connected with (1) the modification or misuse by the COUNTY or anyone authorized 14 by the COUNTY, of such CAD data, or(2) decline of accuracy or readability of CAD data 15 due to inappropriate storage conditions or duration; or (3) any use by the COUNTY, or 16 anyone authorized by the COUNTY, of such CAD data or other PROJECT documentation 17 for additions to the PROJECT for the completion of the PROJECT by others, or for other 18 projects; except to the extent that said use may be expressly authorized, in writing, by the 19 CONSULTANT. 20 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the 21 copyrighting of reports or other products of the AGREEMENT; and provided further, that if 22 copyrights are permitted; the CONSULTANT hereby agrees and the AGREEMENT shall b 23 deemed to provide that the Federal Highway Administration shall have the royalty-free 24 nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize 25 others to use, the work for government purposes. 26 XXIII. CLAIMS FILED BY THE COUNTY'S CONSTRUCTION CONTRACTOR 27 A. If claims are filed by the COUNTY's construction contractor relating to work 28 performed by the CONSULTANT'S personnel, and additional information or assistance COUNTY OF FRESNO Fresno,California 06/30/17 32 1 from the CONSULTANT'S personnel is required in order to evaluate or defend against 2 such claims, then the CONSULTANT hereby agrees in such event to make its personnel 3 available for consultation with the COUNTY's construction contract administration and legal 4 staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 5 B. The CONSULTANT'S personnel that the COUNTY considers essential to assist 6 in defending against the construction contractor's claims will be made available on 7 reasonable notice from the DIRECTOR. Services of the CONSULTANT'S personnel in s connection with consultation or testimony for this purpose will be performed pursuant to a 9 written contract amendment, if determined by the parties to be necessary or appropriate. 10 XXIV. CONFIDENTIALITY OF DATA 11 A. All financial, statistical, personal, technical, or other data and information relative 12 to the COUNTY'S operations, which are designated confidential by the COUNTY and 13 made available to the CONSULTANT in order to carry out the AGREEMENT, shall be 14 protected by the CONSULTANT from unauthorized use and disclosure. 15 B. Permission to disclose information on one occasion, or public hearing held by 16 the COUNTY relating to the contract, shall not authorize the CONSULTANT to further 17 disclose such information, or disseminate the same on any other occasion. 18 C. The CONSULTANT shall not comment publicly to the press or any other media 19 regarding the AGREEMENT or the COUNTY's actions on the same, except to the 20 COUNTY's staff, the CONSULTANT'S own personnel involved in the performance of the 21 AGREEMENT, at public hearings or in response to questions from a Legislative committee. 22 D. The CONSULTANT shall not issue any news release or public relations item of 23 any nature, whatsoever, regarding work performed or to be performed under the 24 AGREEMENT without prior review of the contents thereof by the COUNTY, and receipt of 25 the COUNTY'S written permission. 26 E. All information related to the construction estimate is confidential, and shall not 27 be disclosed by the CONSULTANT to any entity other than the COUNTY. 28 XXV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION COUNTY OF FRESNO Fresno,California 06/30/17 33 1 In accordance with Public Contract Code Section 10296, the CONSULTANT hereby 2 states under penalty of perjury that no more than one final unappealable finding of 3 contempt of court by a federal court has been issued against the CONSULTANT within the 4 immediately preceding two-year period, because of the CONSULTANT'S failure to comply 5 with an order of a federal court that orders the CONSULTANT to comply with an order of 6 the National Labor Relations Board. 7 XXVI. EVALUATION OF THE CONSULTANT 8 The CONSULTANT'S performance will be evaluated by the COUNTY using the form 9 attached to the RFQ as Attachment C. A copy of the evaluation will be sent to the 10 CONSULTANT for comments. The evaluation together with the comments shall be 11 retained as part of the contract record. 12 XXVII. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION 13 A. The CONSULTANT'S signature affixed herein, and dated, shall constitute a 14 certification under penalty of perjury under the laws of the State of California that the 15 CONSULTANT has, unless exempt, complied with, the nondiscrimination program 16 requirements of Government Code Section 12990 and Title 2, California 17 Administrative Code, Section 8103. 18 B. During the performance of the AGREEMENT, the CONSULTANT and its 19 subconsultants shall not unlawfully discriminate, harass, or allow harassment against any 20 employee or applicant for employment because of sex, race, color, ancestry, religious 21 creed, national origin, physical disability (including HIV and AIDS), mental disability, 22 medical condition (e.g., cancer), age (over 40), marital status, and denial of family care 23 leave. The CONSULTANT and subconsultants shall ensure that the evaluation and 24 treatment of their employees and applicants for employment are free from such 25 discrimination and harassment. The CONSULTANT and subconsultants shall comply with 26 the provisions of the Fair Employment and Housing Act(Gov. Code §12990 (a-f) et seq.) 27 and the applicable regulations promulgated thereunder(California Code of Regulations, 28 Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and COUNTY OF FRESNO Fresno,California 06/30/17 34 1 Housing Commission implementing Government Code Section 12990 (a-f), set forth in 2 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated 3 into the AGREEMENT by reference and made a part hereof as if set forth in full. The 4 CONSULTANT and subconsultants shall give written notice of their obligations under this 5 clause to labor organizations with which they have a collective bargaining or other s agreement. 7 C. The CONSULTANT and subconsultants shall include the nondiscrimination and s compliance provisions of this clause in all subcontracts to perform work under the 9 AGREEMENT. 10 XXVIII. DEBARMENT AND SUSPENSION CERTIFICATION 11 A. The CONSULTANT'S signature affixed herein, shall constitute a certification 12 under penalty of perjury under the laws of the State of California, that the CONSULTANT 13 has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and 14 Suspension Certificate, which certifies that he/she or any person associated therewith in 15 the capacity of owner, partner, director, officer, or manager, is not currently under 16 suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal 17 agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible 18 by any federal agency within the past three (3) years; does not have a proposed 19 debarment pending; and has not been indicted, convicted, or had a civil judgment rendered 20 against it by a court of competent jurisdiction in any matter involving fraud or official 21 misconduct within the past three (3) years. Any exceptions to this certification must be 22 disclosed to the COUNTY on Appendix F. 23 B. Exceptions will not necessarily result in denial of recommendation for award, but 24 will be considered in determining CONSULTANT responsibility. Disclosures must indicate 25 to whom exceptions apply, initiating agency, and dates of action. 26 C. Exceptions to the Federal Government Excluded Parties Listing System 27 maintained by the General Services Administration are to be determined by the Federal 28 Highway Administration. COUNTY OF FRESNO Fresno,California 06/30/17 35 1 XXIX. COMPLIANCE WITH LAWS AND STATE PREVAILING WAGE RATES 2 A. The CONSULTANT shall comply with the State of California's General Prevailing 3 Wage Rate requirements in accordance with California Labor Code, Section 1770, and all 4 Federal, State, and local laws and ordinances applicable to the work. 5 B. Any subcontract entered into as a result of this contract if for more than $25,000 6 for public works construction or more than $15,000 for the alteration, demolition, repair, or 7 maintenance of public works, shall contain all of the provisions of this Article. s XXX. CONFLICT OF INTEREST s A. The CONSULTANT shall comply with the provisions of the Fresno County 10 Department of Public Works and Planning Conflict of Interest Code, attached hereto as 11 Appendix G and incorporated herein. Such compliance shall include the filing of annual 12 statements pursuant to the regulations of the State Fair Political Practices Commission 13 including, but not limited to, portions of Form 700. 14 B. The CONSULTANT shall disclose any financial, business, or other relationship 15 with the COUNTY that may have an impact upon the outcome of this contract, or any 16 ensuing COUNTY construction project. The CONSULTANT shall also list current clients 17 who may have a financial interest in the outcome of this contract, or any ensuing COUNTY 18 construction project, which will follow. 19 C. The CONSULTANT hereby certifies that it does not now have, nor shall it 20 acquire any financial or business interest that would conflict with the performance of 21 services under the AGREEMENT. 22 D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any firm 23 affiliated with the CONSULTANT will bid on any construction contract, or on any contract to 24 provide construction inspection for any construction PROJECT resulting from the 25 AGREEMENT; provided, however, that this shall not be construed as disallowing the 26 CONSULTANT or affiliated firm from performing, pursuant to the AGREEMENT or other 27 agreement with the COUNTY, construction inspection services on behalf of the COUNTY 28 for the PROJECT. An affiliated firm is one, which is subject to the control of the same COUNTY OF FRESNO Fresno,California 06/30/17 36 1 persons through joint ownership, or otherwise. 2 E. Except for subconsultants or subcontractors whose services are limited to 3 providing surveying or materials testing information, no subcontractor who has provided 4 design services in connection with this contract shall be eligible to bid on any construction 5 contract, or on any contract to provide construction inspection for any construction project 6 resulting from this contract; provided, however, that this shall not be construed as 7 disallowing subcontractors who have provided design services for the PROJECT from 8 performing, pursuant to the AGREEMENT or other agreement with the COUNTY, 9 construction inspection services on behalf of the COUNTY for the PROJECT. 10 XXXI. REBATES KICKBACKS OR OTHER UNLAWFUL CONSIDERATION 11 The CONSULTANT warrants that the AGREEMENT was not obtained or secured 12 through rebates kickbacks or other unlawful consideration, either promised or paid to any 13 COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the 14 right, in its discretion, to do any of the following: terminate the AGREEMENT without 15 liability; or to pay only for the value of the work actually performed; or to deduct from the 16 AGREEMENT price, or otherwise recover the full amount of such rebate, kickback or other 17 unlawful consideration. 18 XXXII. PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR 19 LOBBYING 20 A. The CONSULTANT shall sign the lobbying forms, attached hereto and 21 incorporated herein as Appendix H, as required by the instructions found on each form. 22 B. The CONSULTANT certifies to the best of his or her knowledge and belief that: 23 1. No state, federal or COUNTY appropriated funds have been paid, or will 24 be paid by or on behalf of the CONSULTANT to any person for influencing or attempting to 25 influence an officer or employee of any state or federal agency; a Member of the State 26 Legislature or United States Congress; an officer or employee of the Legislature or 27 Congress; or any employee of a Member of the Legislature or Congress, in connection with 28 any of the following: COUNTY OF FRESNO Fresno,California 06/30/17 37 1 a. the awarding of any state or federal contract; 2 b. the making of any state or federal grant; 3 c. the making of any state or federal loan; 4 d. the entering into of any cooperative agreement, or 5 e. the extension, continuation, renewal, amendment, or modification s of any state or federal contract, grant, loan, or cooperative agreement. 7 2. If any funds other than federally appropriated funds have been paid, or will 8 be paid to any person for influencing or attempting to influence an officer or employee of 9 any federal agency; a Member of Congress; an officer or employee of Congress, or an 10 employee of a Member of Congress; in connection with this federal contract, grant, loan, or 11 cooperative agreement, then the CONSULTANT shall complete and submit Standard 12 Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 13 C. The certification required by the provisions of this Article is a material 14 representation of fact upon which reliance was placed when this transaction was made or 15 entered into. Submission of this certification is a prerequisite for making or entering into 16 this transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file 17 the required certification shall be subject to a civil penalty of not less than $10,000 and not 18 more than $100,000 for each such failure. 19 D. The CONSULTANT also agrees by signing this document that he or she shall 20 require that the language of this certification be included in all lower-tier subcontracts, 21 which exceed $100,000, and that all such sub-recipients shall certify and disclose 22 accordingly. 23 XXXIII. INDEPENDENT CONTRACTOR 24 A. In performance of the work, duties and obligations assumed by the CONSULTANT 25 under the AGREEMENT, it is mutually understood and agreed that the CONSULTANT, 26 including any and all of the CONSULTANT'S officers, agents, and employees will at all times 27 be acting and performing as an independent contractor, and shall act in an independent 28 capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate COUNTY OF FRESNO Fresno,California 06/30/17 38 1 of the COUNTY. Furthermore, the COUNTY shall have no right to control or supervise or 2 direct the manner or method by which the CONSULTANT shall perform its work and function. 3 However, the COUNTY shall retain the right to administer the AGREEMENT so as to verify 4 that the CONSULTANT is performing its obligations in accordance with the terms and 5 conditions thereof. s B. The CONSULTANT and the COUNTY shall comply with all applicable provisions o 7 law and the rules and regulations, if any, of govemmental authorities having jurisdiction over s matters the subject thereof. 9 C. Because of its status as an independent contractor, the CONSULTANT shall have 10 absolutely no right to employment rights and benefits available to COUNTY employees. the 11 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its 12 employees all legally-required employee benefits. In addition, the CONSULTANT shall be 13 solely responsible and save the COUNTY harmless from all matters relating to payment of 14 the CONSULTANT'S employees, including compliance with Social Security withholding and 15 all other regulations goveming such matters. It is acknowledged that during the term of the 16 AGREEMENT, the CONSULTANT may be providing services to others unrelated to the 17 COUNTY or to the AGREEMENT. 18 XXXIV. DISCLOSURE OF SELF-DEALING TRANSACTIONS 19 This provision is only applicable if the CONSULTANT is operating as a corporation 20 (a for-profit or non-profit corporation) or if during the term of the AGREEMENT, the 21 CONSULANT changes its status to operate as a corporation. Members of the 22 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they 23 are a party to while the CONSULTANT is providing goods or performing services under the 24 AGREEMENT. A self-dealing transaction shall mean a transaction to which the 25 CONSULTANT is a party and in which one or more of its directors has a material financial 26 interest. Members of the Board of Directors shall disclose any self-dealing transactions that 27 they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form, 28 attached hereto as Appendix I, and submitting it to the COUNTY prior to commencing with COUNTY OF FRESNO Fresno,California 06/30/17 39 1 the self-dealing transaction or immediately thereafter. 2 XXXV. NOTIFICATION 3 All notices hereunder and communications regarding interpretation of the terms of 4 the AGREEMENT and changes thereto, shall be effected by the mailing thereof by 5 registered or certified mail, return receipt requested, postage prepaid, and addressed to 6 the CONTRACT ADMINISTRATOR and the CONSULTANT'S Project Manager identified 7 on Page 1 of the AGREEMENT. 8 XXXVI. NON-ASSIGNMENT 9 Neither party shall assign, transfer or sub-contract the AGREEMENT or any of its 10 respective rights or duties hereunder, without the prior written consent of the other party. 11 XXXVII. CONSULTANT'S LEGAL AUTHORITY 12 Each individual executing or attesting the AGREEMENT on behalf of the 13 CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly 14 authorized by or in accordance with the CONSULTANT'S corporate by-laws to execute or 15 attest and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii)that the 16 AGREEMENT, once he or she has executed it, is and shall be binding upon such 17 Corporation. 18 XXXVIII. BINDING UPON SUCCESSORS 19 The AGREEMENT shall be binding upon and inure to the benefit of the parties and 20 their respective successors in interest, assigns, legal representatives, and heirs. 21 XXXIX. INCONSISTENCIES 22 In the event of any inconsistency in interpreting the documents which constitute the 23 AGREEMENT, the inconsistency shall be resolved by giving precedence in the following 24 order of priority: (1) the text of the AGREEMENT (excluding Appendices); (2) Appendices 25 to the AGREEMENT. 26 XL. SEVERABILITY 27 Should any part of the AGREEMENT be determined to be invalid or unenforceable, 28 then the AGREEMENT shall be construed as not containing such provision, and all other COUNTY OF FRESNO Fresno,California 06/30/17 40 1 provisions which are otherwise lawful shall remain in full force and effect, and to this end 2 the provisions of the AGREEMENT are hereby declared to be severable. 3 XLI. FINAL AGREEMENT 4 Both of the above-named parties to the AGREEMENT hereby expressly agree that 5 the AGREEMENT constitutes the entire agreement between the two parties with respect to 6 the subject matter hereof and supersedes all previous negotiations, proposals, 7 commitments, writing, advertisements, publications, and understandings of any nature 8 whatsoever unless expressly included in the AGREEMENT. In consideration of promises, 9 covenants and conditions contained in the AGREEMENT, the CONSULTANT and the 10 COUNTY, and each of them, do hereby agree to diligently perform in accordance with the 11 terms and conditions of the AGREEMENT, as evidenced by the signatures below. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno,California 06/30/17 41 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date 2 set forth above. 3 PROVOST & PRITCHARD ENGINEERING COUNTY OF FRESNO 4 GROUP, INC., DBA, PROVOST & PRITCHARD CONSULTING GROUP 5 �/ BY: /K4v L Pl- 6 Matthew Kemp Brian Pacheco, Chairman Vice President/Principal-in-Charge Board of Supervisors 7 8 REVIEWED AND RECOMME -D ATTEST: 9 FOR APPROVAL Bernice E. Seidel, Clerk Board of Supervisors 10 11 By: By t,. Steven E. White, Director Deputy 12 Department of Public Works and 13 Planning 14 APPROVED AS TO LEGAL FORM 15 Daniel C. Cederborg County C n el / 16 / 17 l V By: 18 Deputy 19 APPROVED AS TO ACCOUNTING 20 FORM Oscar J. Garcia CPA 21 Auditor-Controller/ Treasurer-Tax Collector 22 t 23 By: 24 D uty 25 FOR ACCOUNTING USE ONLY 26 Fund: 0001 Subclass: 10000 27 Org. No: 4510 28 Account: 7295 COUNTY OF FRESNO Fresno,California 06/30/17 42 APPENDIX A PROVOST&PRITCHARD-Firm Organization Chart im- m im - Wmm b^ �q _ m y APPENDIX B Subconsultants Provost&Pritchard has worked with a number of subconsultants for various project needs. Our project team maintains positive working relationships with a number DP Engineering Transportation Traffic DBE#39002 of diverse firms that provide specialized services to help Design Engineering SB#2003015 enhance our project teams. These relationships include subconsultants;that are registered DBE and UDBE firms, TRC Strucutral Engineering The following table presents a listing of the subconsultants Structural that Provost&Pritchard would contract with on any project Gornerstone Engineering Engineering DBE#40382 that may be proposed by the County of Fresno,including DBE and UDBE firms. Design Lab 252 Landscape SB#1513561 Architecture For purposes of this Statement of Qualifications,we are Electrical submitting only our firm's qualifications.Detailed resumes Miller,Pezzoni&Associates,Inc. Engineering of any of the subconsultants fisted will be made available once the Count),has identified a specific project and a Kleinfelder Geollechni(Ill formal project team is assembled. If federal and/or state Engineering funds are being used as part of the project that require the Geotechnical use of DBE-/UDBE firms,Provost&Pritchard is prepared BSK&Associates Engineering to comply with all requirements that may be a part of the proposed project. Aerial Aerial Photomapping Services Mapping and Photograrnmetry Laser Scannino Pacific FIDS &Digital Duplication Kenneth D.Schmidt&Associates Hydrogeology -ounlv of Flesno.On-Call E-uneerinq Consuitan See ICE'S"CY VcIdOUS Pub!if:Vforks ProiectSfR APPENDIX C STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Local Assistance Procedures Manual NOTICE T4 PROPOSERS DBE INFORMATION EXHIBIT 10-1(NEW 01t2017) 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"Agreement"also means"Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term"Small Business"WSW 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 10-02 Consultant Contract DBE Information 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 information,call(916)445-1233, 1TY 711,or write to Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. APPENDIX STATE OF CALIFORNIA^DEPARTMENT 0F TRANSPORTATION Local Assistance Procedures Manual NOTICE TO PROPOSERS DBE INFORMATION EXHIBIT 10-1(NEW V1X017) Page oofo E. A DBE must perform w commercially useful function pursuant ho48CFR2O.55. that is,o 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 he listed in the bid/cost proposal list ufoubounmuKonb. G. A prime consultant who is a certified DBE im eligible{o claim all of the work in the Contract toward the DBE participation except that portion of the work hmhe performed by non-DBE uubuunxu8anta. 5' RESOURCES A. The CUCP database includes the certified DBEs from all certifying agenciesparticipating in the CUOP. |f you believe e firm|scertified that cannot ba located un the database,please contact the CoVmno Office o[Certification toll free number 1-866-81O-6348for assistance. B. Access the CUCP database from the Department of Transportation,Office cf Business and Economic Opportunity Web site at: 1. Click nn the link titled 2. Click on Search for eDBE Firm link; 3. Click on Access to the DBE QLLM Form located nn the first line|n the center oy the page. Searches can be performed by one nr more criteria.Follow instructions onthe 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 un 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 O0 percent cf the cost of the materials or supplies.8DBE 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 instock, and regularly sold nrleased to the public in the usual course uf business.Tobea DBE regular dealer,the firm must heonestablished, regular business that ongages,as its principal business and under its own mame,in the purchase and sale or lease of the products in quesUon.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. O. If the person both owns and operates distribution equipment for the products,any supplementing of regular doa|exm'ommdistribution equipment shall be,by a long-term{ease agreement and not on ad hoc or Agreement-by-Agreement basis. Paokogers,bmknm, 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. For mm�um*o�mmm,v�m,�om= mmuv��m�m���o����"�wmn�u nr**�"�� �m(m�w���no ADANct|ue ' � ' ' rrvn�.�w�mwne�msmmFurm*managomvm.11:mwmme wa-8y Sacramento.cAem1C Local Assistance Procedures Manual APPENDIX C Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1.Local Agency: County of Fresno 2.Contract DBE Goal: N/A 3.Project Description: 2017 On-Call Engineering Consultant Services 4.Project Location: Various 5.Consultant's Name: Provost&Pritchard Consulting Group 6.Prime Certified DBE: ❑ 7.Total Contract Award Amount: $900,000 8.Total Dollar Amount for ALL Subconsultants: TBD 9.Total Number of ALL Subconsultants: 10 10.Description of Work,Service,or Materials 11.DBE 13.DBE Supplied Certification 12.DBE Contact Information Dollar Number Amount Traffic Engineering 39002 DP Engineering Transportation Design,P.0 Box TBD 2392,Shingle Springs,CA 95682,530-672-2546 Cornerstone Engineering,986 W.Alluvial Ave., Structural Engineering 40382 Ste.201,Fresno,CA 93711,559-320-3200 TBD Local Agency to Complete this Section 20.Local Agency Contract $TBD Kit-F r- 14.TOTAL CLAIMED DBE PARTICIPATION 21.Federal-Aid Project Number. 22.Contract Execution TBD% natp• Local Agency certifies that all DBE certifications are valid and information on IMPORTANT:Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is required. X494WAIkOW 612-1117 23.Local Agency Representative's Signature 24.Date 15.Preparer's Signature 16.Date Matthew Kemp,P.E. (559)449-2700 25.Local Agency Representative's Name 26.Phone 17.Preparers Name 18.Phone Vice President 27.Local Agency Representative's Title 19.Preparers Title DISTRIBUTION: 1.Original-Local Agency 2.Copy-Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654- 3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. Page 1 of 2 Julv 23.2015 PROVOST& PROVOST&PRITCHARD CONSULTING GROUP APPENDIX D PRITCHARD STANDARD FEE SCHEDULE Effective 11112017 i'v;rnxroyw C7^.vmd camrwy (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 Fee Range ENGINEERING STAFF: Assistant Engineer $ 85,00 - $115.00 Associate Engineer $110.00 - $142.00 Senior Engineer $135.00 - $180.00 Principal Engineer $170.00 - $219,00 SPECIALISTS: Assistant Environmental Specialist $ 75.00 $109.00 Associate Environmental Specialist $107.00 - $150.00 Senior Environmental Specialist $140.00 - $180.00 Principal Environmental Specialist $175.00 - $224.00 GIS Specialist $105.00 - $142.00 Associate Geologist/Hydrogeologist $105,00 - $142.00 Senior Geologist/Hydrogeologist $140.00 - $186.00 Water Resources Specialist $110.00 - $153.00 PLANNING STAFF: Assistant Planner/CEQA-NEPA Specialist $ 65.00 - $98,00 Associate Plan ner/CEQA-N EPA Specialist $ 95.00 - $131.00 Senior Planner/CEQA-NEPA Specialist $130.00 - $169.00 Principal Planner/CEQA-NEPA Specialist $160.00 - $202,00 TECHNICAL STAFF: Assistant Technician $ 65.00 - $ 98.00 Associate Technician $ 95.00 - $120,00 Senior Technician $120.00 - $148.00 CONSTRUCTION SERVICES: Associate Construction Manager $105.00 - $137.00 Senior Construction Manager $130.00 - $166.00 Principal Construction Manager $160.00 - $208.00 Construction Manager Prevailing Wage`'rr`- $132.00 - $172.00 SUPPORT STAFF: Administrative Assistant $ 55.00 $82.00 Project Administrator $ 65,00 - $93.00 Project Manager $115.00 - $126.00 Intern $ 55.00 - $ 60.00 SURVEYING SERVICES: LSIT Surveyor $ 85.00 - $115.00 Licensed Surveyor $115,00 - $164A0 Prev.Wac le f 1} 1 Man Survey Crew $155.00-$169.00 $180.00 - $197.00 2 Man Survey Crew $220.00-$240.00 $260.00 - $284.00 2 Man Survey Crew including LS $255,00-$279.00 $265.00 - $290A0 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 (Field Work not including survey equipment billets at individual standard rate plus vehicle as appropriate) EXPERT WITNESS: As quoted, TRAVEL TIME for greater than 1 hour from employee's base office}:$801hr(unless the individual's rate is less) PROJECT COSTS: Mileage IRS value+ 15% Outside Consultants Cost 15% Direct Costs 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. APPENDIX D DBE Engineering Transportation Design, Inc. Fee Schedule Staff y Position _ Hourly Rate Dawn C. Penman Civil Engineer, QAJQC, & Plan Check $150.00 Fred Penman Constructability & Cost Reviewer $150.00 6051 North Fresno Street APPENDIX D 1p Suite 200 Fresno,CA 93710 N =v.=ur.Erc r�. ,;c=rs.crsttt January 1, 2017 RATE SCHEDULE LABOR RATES Personnel Classification Hourly Rate Project Manager $ 270.00 Project Engineer/Coordinator $ 190.00 Senior Engineer $ 165.00 Engineer $ 125.00 CADD Supervisor $ 150.00 CADD Technician $ 100.00 Data Processor/Operator $ 90.00 Administrative Assistant $ 75.00 Rates are subject to change on January 1 of each year. Similarly titled staff will be billed at equivalent rates(i.e Senior Scientist,Senior Geologist, Senior EnAronmental Planner, etc.will be billed at the hourly rate for a Senior Engineer) DIRECT EXPENSE UNIT RATES Mileage: Current IRS Mileage Rate,currently$0.535 per mile Meals: State of CA DPA Rates, currently$46/day Other direct costs including travel, lodging, telephone,fax, reproduction, and postage NNU be billed at actual cost. APPENDIX D CORNERSTONE engineering group CHARGE RATE SCHEDULE Principal 215.00/hr Associate 200.00 Construction Manager 160.00 Engineering Manager 160.00 Resident Engineer/Structure Representative 150.00 Assistant Structure Representative 140.00 Project Administrator 150.00 Senior Engineer 145.00 Project Engineer 130.00 Staff Engineer 115.00 Structural Designer II 105.00 Structural Designer 1 100.00 Junior Engineer 95.00 Senior Computer Drafter 105.00 Computer Drafter 100.00 Junior Computer Drafter 85.00 Accounting Assistant 100.00 Administrative Assistant 11 80.00 Administrative Assistant 1 75.00 Expert Witness Services 300.00 Subconsultonts Cost Plus 10% Expenses Cost Plus 15% CADD Services Plots/Prints on Bond $1.50/sq.ft. Mylar Plots $3.00/sq.ft. Copies $0.05 per b/w copy $1.00 per color copy Charge Rates Applicable January 1, 2017 through December 31, 2017 CORNERSTONE STRUCTURAL ENGINEERING GROUP, INC. COST PLUS RATE SCHEDULE 2017 Todd M Goolkasi n Principal $75.7 a ci al 2 299.49% $ 226.77 Thomas L Swayze Ptincipal' $7451 299.49%' $ 223.115 Shawn M Cullers Engineering Manager $50.48 299.49% $ 151.18 William D Hooper Engineering Manager $50 19 299.49% $ 150 31 Martin Querin Engineering Manager $49.04 299.49% $ 146.87 Mark A Weaver Senior Engineer $44 42 299A% $ ,133.03 Narciso R. Zermeno III Project Engineer $40.96 299.49% $ 122.67 $3 Nina Munj Project Engineer % $ 117 49 i 9 23 299 49,.,,, Dustin Lee Project Engineer $38.08 2' 9.49% $ 114.64 Chris Ingle Staff;Engineer` $3,5 77" 299 45% $ 107 13 _ m. . Jonathan P Jensen Staff Engineer $35.77 299.49% $ 107.13 Samuel Baumgardner Soil $33.1 7 2,99 49% $ 99.34 Mandy Pederson SDII $31.73 299.49% $ 95.63 Tyler West.. .,.. Sblj..., ,....._ ,,,.. ,,:..... ... w_w..... y $31 44 299.49% 9416 Serjic Laiehz _ . .,...__ ....... ....... ......... _.,.. .. .,,,_..., _.._.�. _._.n...m. .�..._. ..,. ,.. . . ,,..,W_ .. �.. arian SDII $31.44 299.49% $ 94.16 Tyler Eaten SDII 299 49�6 $ 89+35 Elliot Morris SDII $30.00 299.49% $ 89.85 89 Andy Truong SDII $30 00 299 49% $ 135 w. ,. Michael Bauer SDI $30.00 299.49% Bart Hardwick SDI $28:85 299.49% $ 86.40 -Daniel D Arredondo Senior Computer Drafter $33.50 299.49% _v,�....$ y 100.33 Accounting Assistant 299 49% 15.84 Susie Lai $ Kym Schwoerer Administrative Assistant 1 $26.50 299.49% $ 79.36 _-,_, ..._ _ ., .._.. _._. �,.,-.. _.,.�. ._a. __ _____ .,m. .-.�__..w M _e_. Sandra Gregory. Admmist $ % $ 7936 ative 99 49, m Assistant 1 26. 2 z 0 X 0 STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:07/1012014 1 of I Fresno County On-Call Engineering and Inspection Services July 2014 ­,7 Cornerstone Structural Engineering Group, Inc. DESCRIPTION OF ITEMS UNIT COST Printing, Reproductions, Shipping EA AI CQ,$T + 15% Computer Field Computer EA AT COST + 15% Supplies EA AT QQSj + 15% Vehicle Expenses Mileacie (including aarioline) $1581mile AT CQaT + 15 0 Communications _q Phones. walkie -talkies EA AT QQ,5T + 15% Internet and telienhone -service fee EA AT CQST + 15% Lodging and Per Diem Lodaina $125/night AI CQU + 15% Meals $50/day AT COST + 15% > *At cost,as negotiated by Task Order m z 0 x 0 CORNERSTONE structural engineering q,,i group STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:6/2/2014 1 of 8 Fresno County On-Call Engineering and Inspection Services April 2017 Combined Multiplier Y. Fee% NORMAL 172,26%; 10,00% OVERTIME 171,26% 10,00% BILLING INFORMATION CALCULATION INFORMATION Name/Classification' Loaded Hourly Billing Rates Effective Date of % Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate` Todd M Gooikasian,Principal $226.77 N/A 111/2017 12/1/2017 0.00% $76.72 $238.11 N/A 1/1/2018 12/1/2018 5.00% $79,51 $250.01 N/A 1/1/2019 12/1/2019 5,00% $83.48 $262.52 N/A 1/1/2020 12/1/2020 5.00% $87.66 $275.64 N/A 1/1/2021 12/1/2021 5.00% $92.04 Thomas L Swayze,Principal $223.15 N/A 1/1/2017 12/1/2017 0.00% 7t:51 $234.30 N/A 1/1/2018 12/1/2018 5.00% $78.24 $246.02 NIA 1/1/2019 12/1/2019 5,00% $82.15 $258.32 N/A 1/1/2020 12/1/2020 5.00% $86.25 $271.24 NIA 1/1/2021 12/1/2021 5.00% $90.57 Shawn M Cullers,Engineering Manager $151.18 N/A 1/1/2017 12/1/2017 0.00% 50.48 $158.74 NIA 111/2018 12/1/2018 5.00% $53.00 $166.68 NIA 1/1/2019 1211/2019 5.00% $55.65 $175,01 NIA 1/1/2020 12/112020 5.00% S58.44 D $183.76 N/A 1/1/2021 12/1/2021 5.00% $61.36 m z 0 William D Hooper.Engineering Manager $150,31 NIA 1 1/l/2017 12/112017 1 0.00% 196.10 X $157.83 N/A 1/1/2018 12/1/2018 1 5.00% $52.70 0 CORNERSTONE §MPI AM�'r:,ciurat enaineering group STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:6/2/2014 2of8 Fresno County On-Call Engineering and Inspection Services April 2017 Combined Multiplier% Fee% NORMAL 172.26 ; 1040% OVERTIME 172.26% 10,00 6 BILLING INFORMATION CALCULATION INFORMATION Name/Classification' Loaded Hourly Billing Rates Effective Date of %° Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate $165.72 NIA 1/1/2019 12/112019 5.00% $55.33 $174.00 NIA 1/1/2020 12/1/2020 5.00% $58.10 $182.71 N/A 1/1/2021 12/1/2021 5.00% $61.01 Martin Querin,Engineering Manager $146.87 N/A 1/1/2017 12/1/2017 0.00% $49.04 $154.21 N/A 1/1/2018 12/1/2018 5.00% $51.49 $161.92 N/A 1/1/2019 12/1/2019 5.00% $54.07 $170.02 NIA 1/1/2020 1211/2020 5.00% $56.77 $178.52 NIA 1/1/2021 12/1/2021 5.00% $59.61 Mark A Weaver,Senior Engineer $133.03 NIA 1/1/2017 12/1/2017 0.00°fo44.42 $139.68 N/A 1/1/2018 1211/2018 5.00% $46.64 $146.67 N/A 1/1/2019 12/1/2019 5.00% $48.97 $154.00 N/A 111/2020 12/1/2020 5,00% $51.42 $161.70 N/A 1/1/2021 1211/2021 5.00% $53.99 D Narciso R.Zermeno III,Project Engineer $122.67 N/A1/1/2017 12/1/2017 000° 00 $128.80 NIA 1/1/2018 12/1/2018 5.00% $43.01 z $135.24 N/A 1/1/2019 12/1/2019 5.00% $45.16 p $142.01 N/A 1 1/1/2020 12/1/2020 1 5.00% $47.42 1 X $149,11 N/A 1 1/1/2021 1211/2021 1 5.00% 1 $49.79 1 10 CORNERSTONE ` a °51ructur© engineering G. P group STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:6/212014 3of8 Fresno County On-Call Engineering and inspection Services April 2017 Combined Multiplier% Fee% NORMAL 17 a !, 10,00% OVERTIME 174; t°to; lO Ot)°90 BILLING INFORMATION CALCULATION INFORMATION Name/Classification' Loaded Hourly Billing Rates Effective Date of % Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate` Nina Munj,Project Engineer $117.49 N/A 1/1/2017 12/1/2017 0.00% 321 $123.36 NIA 1/1/2018 12/1/2018 5.00% $41.19 $129.53 N/A 1/112019 12/112019 5.00% $43.25 $136.01 N/A 1/1/2020 12/1/2020 5.00% $45.41 $142.81 N/A 1/1/2021 12/1/2021 5.00% $47,68 Dustin Lee,Project Engineer $114.04 NIA 1/1/2017 12/1/2017 0,00°!° 1 3 ,t7E3 $119.75 N/A 1/1/2018 12/112018 5.00% $39.98 $125,73 N/A 1/1/2019 12/1/2019 5.00% $41.98 $132.02 N/A 1/1/2020 12/1/2020 5.00% $44.08 $138.62 N/A 1/1/2021 12/1/2021 5.00% $46.29 Chris Ingle,Staff Engineer $107,13 NIA 111/2017 12/112017 0.00% $112.48 N/A 1/1/2018 12/1/2018 5.00% $37.56 $118,11 NIA 111/2019 12/1/2019 5,00% $39.44 $124.01 N/A 1/1/2020 12/1/2020 5.00% $41.41 0 $130.21 N/A 1/1/2021 1211/2021 5.00% $43.48 Z X Jonathan P Jensen,Staff Engineer $107.13 N/A 1 1/1/2017 12/1/2017 1 0.00% 185.T [ o COR {ER517-ONE s1r Ucturali engineering ;„: group STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:6/2/2014 4of8 Fresno County On-Cali Engineering and Inspection Services April 2017 Combined Multiplier% Fee% NORMAL 172.26% 10.00% OVERTIME 172.26% 1 p`QOot BILLING INFORMATION CALCULATION INFORMATION Name/Classification' Loaded Hourly Billing Rates Effective Date of % Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate $112.48 N/A 1/1/2018 12/1/2018 5.00% $37.56 $118.11 N/A 1/1/2019 12✓1/2019 5.00%a $39.44 $124.01 N/A 1/1/2020 12/1/2020 5.00% $41.41 $130.21 N/A 1/1/2021 12/112021 5.00% $43.48 Samuel Baumgardner,SDII $99.34 NIA 1/1/2017 12/1/2017 0.000% 33:17 $104.31 N/A 1/1/2018 12/112018 5.00% $34.83 $109.52 N/A 1/1/2019 12/1/2019 5.00% $36.57 $115.00 NIA 1/1/2020 12/1/2020 5.00% $38A0 $120.75 N/A 1/1/2021 12/1/2021 5.00% $40.32 Mandy Pederson,SDII $95.03 NIA 1/1/2017 12/1/2017 0.00% �1,7 $99.78 N/A 1/1/2018 12/1/2018 5.00% $33.32 $104.77 N/A 1/1/2019 12/1/2019 5.00%0 $34.98 $110.01 N/A 1/1/2020 121l/2020 5.00% $36.73 $115.51 N/A 1/1/2021 12/1/2021 5.00% $38.57 D Tyler West,SDII $94.16 N/A 1/1/2017 1211/2017 0.00% $$31.44 rn $98.87 N/A 1/1/2018 12/1/2018 5.00% $33.01 0 $103.81 N/A 1/1/2019 12/1/2019 5,00% $34,66 X $109.00 N/A 1/1/2020 12/1/2020 5.00% $36.40 0 ORI",4ERSTONE r fructuro! &M engineering group STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant;Cornerstone Structural Engineering Group ON-CALL CONTRACT Date.6/2/2014 5 of 8 Fresno County On-Galt Engineering and Inspection Services April 2017 Combined Multiplier% Fee NORMAL 112.28% 10.00% OVERTIME 17216% 10.00% BILLING INFORMATION CALCULATION INFORMATION Name/Classification' Loaded Hourly Billing Rates Effective Date of % Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate` $114A5 N/A 1/1/2021 1211/2021 5.00% $38.22 Ser"ic Lalehzarian .SDII $94.16 N/A 1/1/2017 12/1/2017 0.00% $31.44 $98.87 N/A 1/1/2018 12/1/2018 5.00% $33.01 $103.81 NIA 1/1/2019 12/1/2019 5.00% $34.66 $109.00 N/A 111/2020 1211/2020 5.00% $36.40 $114.45 N/A 1/1/2021 12/1/2021 5.00% $38.22 Tyler Eaton,SDII $89.85 N/A 1/1/2017 12/1/2017 0.00% $3 "00 $94.34 N/A 1/1/2018 12/112018 5.00% $31.50 $99.05 NIA 1/1/2019 12/1/2019 5.00% $33.08 $104.01 NIA 1/1/2020 12/1/2020 5,00% $34.73 $109.21 NIA 111/2021 12/1/2021 5.00% $36.47 Elliot Morris ,SDII $89.85 N/A 1/1/2017 12/1/2017 0.00% ;$30.00' S94.34 NIA 1/1/2018 12/1/2018 5.00% $31.50 D $99.05 NIA 1/1/2019 12/1/2019 5.00% $33.08 $104.01 NIA 1/1/2020 12/1/2020 5.00% $34.73 Z $109.21 NIA 111/2021 12/1/2021 5.00% 1 $36.47 1 p X 0 C 0, RNIIERSTONE 5iruclural engineering ' ;'group STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL. Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:6I2I2014 6of8 Fresno County On-Call Engineering and inspection Services April 2017 Combined Multiplier% Fee% NORMAL 10.00% OVERTIME 1 :26°/° 100()' i BILLING INFORMATION CALCULATION INFORMATION Name/Classification' Loaded Hourly Billing Rates Effective Date of % Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate Andy Truong ,SDI[ $89.85 N/A 1/1/2017 12/1/2017 0.00% $30.00 $94.34 N/A 1/1/2018 12/l/2018 5.00% $31.50 $99.05 N/A 1/1/2019 12/1/2019 5.00%° $33.08 $104.01 N/A 111/2020 12/1/2020 5.00% $34.73 $109.21 N/A 111/2021 12/1/2021 5.00% $36.47 Michael Bauer,SDI $89.85 N/A 1/1/2017 12/l/2017 0.00% $30,00 $94.34 NIA 111/2018 1211/2018 5.00% $31,50 $99.05 N/A 1/1/2019 12/1/2019 5.00% $33.08 $104.01 N/A 1/1/2020 12/1/2020 5.00% $34.73 $109.21 N/A 1/1/2021 12/112021 5.00% $36.47 Bart Hardwick,SDI $86.40 N/A 111/2017 12/1/2017 6.65% $28.85 $90.72 N/A 1/1/2018 12/1/2018 5.00% $30.29 $95.26 NIA 1/1/2019 12/1/2019 5.00% $31,81 $100.02 N/A 1/1/2020 12/1/2020 5.00% $33.40 $105.02 NIA 1/1/2021 12/1/2021 5.00% $35.07 D rn Daniel D Arredondo,Senior Computer Drafter $100.33 N/A 1 1/1/2017 12/1/2017 0.00% 33.50 z S105.34 N/A 1 1/ 122018 1 121112018 5.00% $35.18 X $110.61 N/A J 1/1/2019 12/1/2019 5.00% $36.93 0 CORNERSTONE Slrucfurq engineering pro❑P STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:6/2/2014 7 of 8 Fresno County On-Ceti Engineering and inspection Services April 2017 Combined Multiplier% Fee% NORMAL «17 i^i% 10.(-)0% OVERTIME 17 . IR/a 10.00% BILLING INFORMATION CALCULATION INFORMATION Name/Classification!' Loaded Hourly Billing Rates Effective Date of % Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate' $116.14 N/A 111/2020 12/1/2020 5.00% $38.78 $121.95 N/A 1/1/2021 12/1/2021 500% $40.72 Susie Lai.Accounting Assistant $95.84 N/A 1/1/2017 12/1/2017 0.00% $8 .00 $100.63 N/A 1/1/2018 12/1/2018 5.00% 533.60 $105.66 N/A 1/1/2019 12/1/2019 5.00% $35.28 $110,94 NIA 1/1/2020 12/1/2020 5.00% $37.04 $116.49 N/A 111/2021 12/1/2021 5.00% $38,90 K m Schwoerer,Administrative Assistant 1 $79.36 NIA 1/1/2017 12/1/2017 0.00% M,50 $83.33 N/A 1/1/2018 12/1/2018 5.00% $27.83 $87.50 NIA 111/2019 12/1/2019 5.00% $29.22 $91.87 N/A 1/1/2020 12/1/2020 5.00% $30.68 $96.47 NIA 1/1/2021 12/1/2021 5.00% $32.21 D Sandra Gregory,Administrative Assistant 1 $79,36 N/A 111/2017 12/1/2017 moo/a $28.50 v $83.33 N/A 1/1/2018 12/1/2018 5.00% $27.83 Z $87.50 N/A 1/1/2019 12/1/2019 5.00% $29.22 p $91.87 N/A 1/1/2020 12/1/2020 5.00% $30.68 X $96.47 N/A 1/1/2021 12/1/2021 5.00% $32.21 0 CORNERSTONE structural IMF' AdM engineering group STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION COST PROPOSAL Consultant:Cornerstone Structural Engineering Group ON-CALL CONTRACT Date:6/2/2014 8 of S Fresno County On-Call Engineering and Inspection Services April 2017 Combined Mult12lier% Fee% NORMAL 172.26% 10,00% OVERTIME 172,26% 10.01'% BILLING INFORMATION CALCULATION INFORMATION Name/Classification' Loaded Hourly Billing Rates Effective Date of % Actual Hourly Hourly Rate Escalation Rate and/or Hourly Range Straight Overtime From To Increase Average for Class Hourly Rate" 1. For all key team members that are listed on the Prime Consultant's Organization Chart,list the name and corresponding job classification. For all other employees(i.e.support stafflnon-professional)list only the job classification, Teams members subject to FLSA are not eligible for overtime. 2. For named employees enter the actual hourly rate.For classifications only,list the average hourly rate for that classification. 3. Note employees/classifications that are subject to prevailing wage requirements with an asterisk(`). D m z 0 X 0 CORNERSTONE structural for, OM engineering r, group APPENDIX D Exhibit A I" a b .:.m mv, p I Fee Schedule for Professional Services Effective January 1, 2017 through December 31, 2017 Classification Charges per Hour Project Technician $65 Project Administrator $75 Planning Technician $65 Planner $125 Project Manager $125 Principal Landscape Architect $145 Project Landscape Associate $125 Construction Manager $145 Litigation Support (Pre-Trial)* $200 Expert Witness Call* Mileage Rate $.56/mile Direct Charges and Reimbursable Expense Direct charges and reimbursable expenses are in addition to the compensation of professional services and include actual expenditures made by Designiab 252 in the interest of the project, with the prior approval of the Client and may include the following: At cost plus fifteen percent (15%): Transportation and per-diem expenses; auto mileage, $0.56/mile Communication expenses (telephone, parcel post, etc.) Printing and reproduction, equipment rentals, subcontractors, laboratory analysis Please contact Konni Jones at 559-472-9966 x103 for any questions regarding these or other rates for professional services. *NOTE: Expert Witness rates for trial work are negotiated on a per case basis and based on scope and location. MI'll er-PezzonI & Associates 90915 1h Street, Suite 7 Modesto, CA 95354 (209) 575-0312 - FAX (209) 575-0813 FEE SCHEDULE FOR PROFESSIONAL, SERVICES EFFECTIVE: JANUARY 1, 2017 The following fees are presently in effect for professional services available from our firm: CONSULTATION SERVICES: Investigative/Expert Witness/Professional Consultation TBD* ENGINEERING SERVICES: Principal Engineer $195.00 Per Hour Project Manager $170.00 Per Hour Senior Engineer $150.00 Per Hour Associate Engineer $130.00 Per Hour Assistant Engineer $100.00 Per Hour Cad Operator $80.00 Per Hour Clerical $60.00 Per Hour Charges for investigative services, expert witness or professional consultation are generally not applicable to projects involving the preparation of plans or specifications for construction projects. The fees, terns and conditions stated herein are included and a pail. of this Agreement by reference. Carrying charges equal to one percent per month,twelve percent A.P.R.,may be assessed to all accounts over 30 days of billing,pursuant to our Standard Terms of Agreement,which are attached to and included in this agreement by reference. The Client agrees to limit our liability and to defend and hold harmless for any cause in connection with this project to a maximum of our net aggregate fees as stated in this proposal. The Client and Owner further agree that any cause of action shall be adjudicated in Stanislaus County, California. The prevailing Party to any action shall be entitled to the full recovery of all expenses, fees, hours and consultants associated with defending such actions, all to be paid by the non-prevailing-Party or Parties,based upon percentage of award of damages or dismissal. Project fees quoted include one check set and one final vellum plot. Additional costs as follows: 24 x 36 Bond Print 520.00 each 24 x 36 Vellum Plot $30.00 each All transinittals via U.S. mail included in base proposal. Express mail, UPS, Fed Ex services additional at cost - multiplier 1.5. Should actions be taken for the collection of fees due, the prevailing party will be entitled to full recovery of costs of collection paid by the non-prevailing party. This agreement is entered into on the above referenced date in Stanislaus County,California. Should any provision of this Agreement be found to be unenforceable by the presiding Court or authority, the entire balance of this agreement shall remain in full force and effect. APPENDIX � Professional ....,--....—_..-.—.---..—_—.—.--.—._..--.._......--...---- $ 121/hoVr Staff Professional ..--..-.---.,___..—..--_.....—_..--.._.......—.—...---__. $ 131/hoW[ Project Professional .....-....-....—..--.-.—...—....—.....—..—.—..---..—.------. $ 163/hOU[ Principal Professional ........ ......... $ 188/hOur Senior Principal Professional............................................................................................... $ 228/hnVr ProjectManager...................................................................................................................... $ 173/hour Senior ..,—,......._.---..—.'._......--_—..-....—.--.—._.... $ 228/hou[ .,,,,,._,____._,._._.___--_........~......~.—.......,~._.-. $ 118/hour Senior ...........,.--,......-.~.—^.'—.-~...^..-.-...--..—,....—.-_...... $ 131/hour Project Controls Professional ....—.............--..__~—,....—..--.......~..—.—...-._.. $ 128/hOu, Senior Controls Professional ..—__._.,..-..—..,-.........~......._.._._.—...—. $ 188/hou[ Technician............................................................................................................................... $ 84/hour SeniorTechnician.................................................................................................................... $ 100/hour Inspector ,,,.,.__'',,,,,,,.,,,~~_,_,_,_...',.^.—_--.._.....-........._.-....— $ 100/hour Senior ...._.~...~...--._^...'_.......,^..,,.,_._,,,,,,_~.__._'-..~.— % 121/hour Construction Manager _,..._,.............~~.. ................................................................. $ 158/hoWr Administrator ^^'-^—''~''^---^^'^^'^^'^'^~^~'^^^-^'~'~^^^—~^—'^----........_._..... $ 82/hour Project Administrator ,._,___,,,._..__.,__...__.__._.—..._........—._.~......._-... $ 112/hOW[ MiRiMUnn Charges for Office Time Per Day....................................................... One Hour at Applicable Rate Kleinfelde, reserves the right to adjust the fee schedule on projects not completed within 180 days from the contract signature date. Public works projects or projects receiving public funds maybe subject to Prevailing above rates do not apply to projects subject to prevailing wages. Hourly rates for those projects will besupplied separately. ~Applies 0xall professionalrateeincludingbutnct/|mitediocivi|. mwobamico. vhomica. electrica.gaoteohnicdmndanvimnmynta/ engineers;industrial hygienists;geologists;hydrogeologists;hydrologists;and computer specialists. Hourly rates assume that other direct costs will be billed and reimbursed by the client. K]einha|der reserves the rightUo adjust the fee schedule on projects whanacdherd|nectooatganancdreimbursed. APPENDIX D SOIL TESTS SOIL DENSITY TESTS_ Test Standard Test Methodt Fee Standard Proctor,4"Mold D698, T99 $ 240.00 each Standard Proctor, 6"Mold D698,T99 $ 240.00 each Modified Proctor,4" Mold D1557,T180 $ 240.00 each Modified Proctor,6" Mold D1557, T180 $ 240.00 each Proctor Check Point T272 $ 125.00 each Proctor Oversize Correction D4718 $ 70.00 each Treated Soil Proctor D558 $ 320.00 each Minimum and Maximum Relative Density D4254, D4253 $ 400.00 each Moisture/Density,TEX 113-E TEM 13-E $ 275.00 each Moisture/Density,TEX 114-E TEXI 14-E $ 275.00 each California Impact,CTM 216, Dry Method CTM216 1 $ 1225.00 each California Impact, CTM 216,Wet Method CTM216 1 $ 1 195.00 each SOIL CLASSIFICATION AND INDEX TESTS LOW Standard Test Methodt Fee Visual Classification D2488 $ 20.00 each Sieve Anal is,%Finer than 200 Sieve D1140 $ 85.00 each Sieve Analysis, Fine D422, D6913,T88 $ 125.00 each Sieve Analysis, Coarse D422, D6913,T88 $ 125.00 each Sieve Analysis, Coarse and Fine D422, D6913,T88 $ 160.00 each Hydrometer Analysis (R"Wres a Sieve An&sls,not included) D422, D7928 $ 175.00 each Water Content D016, D4363,T265 $ 25.00 each Water Content and Dry Unit Weight D2216, D2937, D7263 $ 145.00 each Afterberg Limits,Single Point D4318-B,T89,T90 $ 115.00 each Atterberg Limits, Multiple Point D4318-A,T89,T90 $ 180.00 each AtterbeM Limits, Liquid Limit Only D4318,T90 $ fl 5.00 each Soil Specific Gravity D854,T100 $ 150.00 each Soil Organic Content D2974-C $ 110.00 each Pinhole Dispersion Classification D4647 $ 400.00 each .Soil pH D4972, G51 $ 60.00 each Double Hydrometer for Dispersive Soils D4221 $ 400.00 each Soil Resistivity G187 $ 160.00 each Chloride Content $ 60.00 each Sulfate Content $ 60.00 each .Thermal Resistivity, Per Point D5334, IEEE 422 $ 315.00 each Thermal Resistivity, Dry-Out Curve I D5334, IEEE 422 each 91 -SOIL BEARING PRESSURE TESTS Test Standard Test Methodt Fee California Bearing Ratio, Single Point(proctornotinciuded) D1883,T193 $ 350.00 each -California Bearing Ratio, 3 Points (proctor not Included) D1883,T193 $ 650.00 each *Common ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 1 of 8 Revised 8/1/2016 APPENDIX D F KLOWELDIER FEt SCHEDULE FOR GIOTICHWAL and MATIMALS LABORATORY TIESTWO S(MMI SOILJESTS f nfilnued) SOIL BEARING PRESSURE TESTS (continued) TestI Standard Test Methodt Fee Resistance R-Value D2844 15.00 each Resistance R-Value of Treated Material D2844 $ 370.00 each Rock Correction for R-Value D2844 $ 1 85.00 each Stabilized Soil UC Strength, 1 Point(proctor not Included) D1633, D5102 $ 175.00 each Stabilized Soil UC Strength,Set of 3 b1633, D5102 $ 950.00 each CTM 373, 1 Lime Content,w/o Opt.Moist. CTM373 $ 160.00 each CTM 373, 1 Lime Content CTM373 $ 365.00 each CTM 373, 3 Lime Contents CTM373 $ 1,050.00 each Eades and Grim Test(Opt. Lime Content) C977 $ 175.00 each Resilient Modulus T307 475.00 each CTB Strength, Individual Specimen $ 185.00 each CTB Strength, Set of 3,Without Design $ 420.00 each CTB Complete Mix Design $ 1,250.00 each SOIL STRENGTH AND PERMEABILITY TESTS Test Standard Test Methodt Fee Pocket Penetration Value $ 15.00 each Unconfined Compressive Strength D2166,T208 $ 140.00 each Direct Shear, 1 Point D3080,T236 $ 135.00 each Direct Shear, 3 Points D3080,T236 $ 370.00 each Direct Shear., Residual Strength, Each Pt D3080-Modified $ 210.00 each Consolidation without Time Rate Plots D2435-Modified $ 345.00 eacH Consolidation with 2 Time Rate Plots D2435-A, T216-A $ 450.00 each Consolidation, All Loads with Time Rates D2435-13, T216-B $ 630.00 each Collapse Potential D5333 $ 185.00 each One Dimensional Free Swell D4546 $ 155.00 each -One Dimensional Swell, Percent Heave D4546 $ 250.00 each One Dimensional Swell with Consolidation D4546 $ 465.00 each Expansion Index D4829 $ 185.00 each Denver Swell Test $ 110.00 each Permeability, Rigid Wall D2434 $ 420.00 each Permeability, Flexible Wall D5084-C $ 380.00 each Triaxial Compression, CU, 1 Point D4767, T297 $ 475.00 each Triaxial Compression, CU, 3 Points D4767, T297 $ 1,250.00 each -Triaxial Compression, UU, 1 Point D2850,T296 $ 210.00 each -Triaxial Compression, UU, 3 Points D2850,T296 $ 575.00 each -Triaxial Compression, IJIJ Saturated, 1 Point D2850-Modified $ 285.00 each -Triaxial Compression, UU Saturated, 3 Points D2850-Modified $ 790.00 each -Triaxial Test,TEM 17E, Part I TEX117E $ 2,250.00 ­ea—ch -Triaxial Test,TEM 17E, Part 11 TEM 17E 1 $ 2,250.00 1 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F,or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 2 of 8 Revised 8/1/2016 APPENDIX D :G AEG K TES'x Test Standard Test Method# ; Fee Acid Solubility AWWA B100 ( $ 175.00 each Air Degradation j ODT TM208 $ 200.00 each ASR Reactivity, Long Method C227, C1293A � $ 1,575.00 each ASR Reactivity, Short Method C1260, C1567 $ 895.00 each Cleanness Value _ CTM227 _ $ 160.00 each Clay Lumps and Friable Particles,per size *(see note below) C142, T112 $ 105.00 each Coarse Specific Gravity&Absorption C127,T85 $ 80.00 each Fine Specific Gravity&Abso tion C128,T84 $ 105.00 each Coarse Durability D3744,T210 $ 140.00 each Fine Durability D3744,T210 $ 140.00 each Flat and Elongated Particles, per size `(see note below) D4791 $ 80.00 each Fractured Faces, per size `(see note below) D5821,T335 $ 105.00 each Lightweight Pieces (Per specific gravity ofheavyliquid) C123, T113 $ 330.00 each Los Angeles Abrasion, Large Aggregate C535 $ 210.00 each Los Angeles Abrasion, SmaHAgqEe ate C131,T96 _ $ 185.00 each Mortar Sand Strength C87, CTM515 $ 580.00 each Organic Impurities C40,T21 µ_— $ 65.00 R each Sand E uivalent, 1 point ^ D2419,T176 $ 75.00 N each Sand Equivalent, 3 points D2419,T176 $ 140.00 Leach Sieve Analysis, % Finer than 200 Sieve Ci 17,T11 $ 85.00 each Sieve Analysis, Fine I C136, T27 $ 125.00 each Sieve Analysis, Coarse C136, T27 $ 125.00 each Sieve Analysis, Coarse and Fine C136,T27 j $ 160.00 each Soundness of Aggregate. per size '(see note below) C88, T104 $� 145.00 each Unit Weight C29,T19 $ 65.00 each Water Content D2216, C566,T255 $ 25.00 each Texas Wet Ball Mill TEX116E $ 300.00 each Decantation Wash TEX406A $ 90.00 each Uncom acted Void Content of Fine Aggregate C1252,T304 $ 135.00 each Idaho Degradation IDT T-15 $ 330.00 each Tests are billed by each size fraction tested The quantity of fractions tested is dependent on the sample gradation and test method. FILTER MEDIA TESTS-'a j Test ' Standard Test Methodt Fee Filter Media, Sieve Analysis includes dto,dsa,es,cu) AWWA 13100 $ 185.00 each Filter Media, Mohs Hardness _ AWWA B100 $ 185.00 each Filter Media, Percent Silica _ _ $ 200.00 each Acid Salubili .� AWWA 13100 _ $_ 175.00 each tCommon ASTM, AASHTO and DOT test methods.�v 0 Those beginning with A, B,C, D, E, F,or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 3 of 8 Revised 8/1/2016 APPENDIX D KILIEWILMA FEE SCHEDULE FOR GEOT11CWWAL MW MATIMALS LA400111ATORY TISTWO URVOUS IROCK TESTS Test Standard Test Methods Rock Sample Preparation $ 85.00 '--6-ach Rock Direct Shear, 1 Point D5607 $ 150-00 each Rock Direct Shear, 3 Points D5607 $ 375.00 each Rock Mohs Hardness $ 25.00 each Rock Point Load Index D5731 $ 35.00 each Rock Point Load, Set of 10 D5731 $ 210.00 each Rock Slake Durability D4644 $ 135.00 each Rock Tensile/Brazilian D3967 $ 215.00 each Rock Triaxial Compression w/Modulus of Rupture D7012 $ 560.00 each Rock Triaxial Compression D7012 $ 420.00 each Rock Unconfined Compression D7012 $ 210.00 each Rock Unconfined Compression w/Modulus of Ruplure 07012 $ 360.00 each Above Letylng fees include routine sample prepamtIon(gAgdiny)and te-stsa�le phofqErq s. Ah CONCRETE TESTS Test Standard Test Mgthodt Fee Concrete Compression C39 $ 31.00 each Concrete Core Compression G42 $ 70.00 each Concrete Creep C512 $ 2,000.00 each Concrete Cylinder Unit Weight C567 $ 105.00 each Concrete Drying Shrinkage,set of 3 Cl 57 $ 500.00 each Concrete Flexural Strength C78 $ 105.00 each Concrete Modulus of Elasticity C469 $ 300.00 each Concrete Splitting Tensile Strength C496 $ 90.00 each Concrete Core Thickness Cl 74 $ 20.00 each Concrete Laboratory Trial Batch C192 $ 1,250.00 each RCC Compression C39 $ 65.00 each Shotcrete Compression Cl 140 $ 80.00 each Concrete Absorption after 3-Hour Boil C497 $ 160.00 each Concrete Absorption after 5-Hour Boil C497, C642 $ 160.00 each Concrete Absorption after 1 O-Minute Soak C497 105.00 each CLSM Compression D4832 $ 45.00 each Concrete Permeability COE CRD C 48 $ 4800.00 each Concrete Chloride Ion Penetration C1202 1 $ 750.00 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B,C,D,E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 4 of 8 Revised 8/1/2016 APPENDIX D 7— K1, 11001trAllfill fXP410Ull FOR A. 3-jMATll4lA4 ', LAB044ATORV Tj 14 R#K:i 11, MASO-N R-Y-TESITS Test Standard Test Methodt Fee Masonry Grout Compression C1019 $ 31.00 each Masonry Mortar Compression C942 $ 31.00 each Masonry Core Compression CA DSA $ 70.00 each Masonry Core Shear CA DSA $ 70.00 each Masonry Prism Compression C1314 $ 115.00 each CMU Absorption and Received Moisture C140 $ 80.00 each CMU Compression C140 $ 105.00 each CMU Dimension Verification C140 $ 45.00 each CMU Lineal Shrinkage C426 250.00 each Masonry Brick Absorption C67 $ 85.00 each CMU/Seq. Retaining Wall Unit Freeze-Thaw $ 1,750.00 each ASPHALT TESTS BINDER TESTS Test Standard Test Methodt Fee Absolute Viscosity D2171 $ 220.00 each Bitumen Penetration D5 $ 80.00 each Kinematic Viscosity D2170 $ 200.00 each Recovery by Roto-Vapor D5404 $ 365.00 each Softening Point, Ring& Bali D36 $ 105.00 each Bitumen Recovery by Abson Method D5404 375.00 each Ductility of Bitumen Dl 13 $ 130.00 each Resilience of AR Binders D5329 $ 80.00 each EMULSION TESTS Test Standard lest Methodt Fee Emulsion Elastic Recovent M84,T301 $ 260.00 each Emulsion Settlement D6930, T59 $ 235.00 each Emulsion Sieve Test D6933,T59 $ 105.00 each Emulsion Storage Stability D6930, T59 $ 185-00 each Emulsion Torsional Recovery CTM332 $ 160.00 each Particle Char D7402,T59 $ 105.00 each Residue by Evaporation D6934,T59 $ 115.00 each Sayboll Viscosity D7946,T59 160,00 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B,C, D, E, F,or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 5 of 8 Revised 8/1/2016 APPENDIX D ASPHAL'r TESTS teo MIX PROPERTY TESTS Test Standard Test Methodt I Fee Air Voids Determination (calculation only) D3203 $$ 5K each --::P VMA Determination (calculation only) 5.00 each VFA Determination (calculation only) $ 55.00 each Volumetric Properties (calculation only $ 55.00 each Gradation of Extracted Aggregate D5444 $ 120.00 each AC Core Thickness D3549 $ 15.00 each AC Content by Extraction D2172 $ 210.00 each Hveem Stability D1560 $ 340.00 each Hveem Stability without Compaction D1560 $ 175.00 each AC Content by Ignition Oven D6307, T308 $ 150.00 each AC Ignition Oven Calibration_determination of mix correction) D6307 $ 315.00 each AC Moisture Content T329 $ 1 55.00 each AC Content by Nuclear Gauge D4125 $ 220.00 each Marshall Stability and Flow(does not include compaction) D6927 $ 160.00 each AC Swell CTM305 $ 110.00 each AC Core Unit Weight&Thickness D1188, D2726, D3549 $ 55.00 each Slurry Seal Wet Track Abrasion D391 0, 1 SSA TB 100 $ 350.00 each DESIGN AND DENSITY TESTS Test -�=S�tandard Test Methodt Fee Centrifuge Kerosene Equivalent CTM303 $ 250.00 each Film Stripping CTM302 $ 130.00 each Index of Retained Strength D1075 $ 1,050.00 each Unit Weight, Gyratory Method T312 $ 370.00 each Unit Weight, Hveem Method D1561 $ 300.00 each Unit Weight, Marshall Method D6926 $ 220.00 each Maximum Theoretical Specific Gravity D2041 $ 150.00 each Moisture Induced Damage T283 $ 1,470.00 each Caltrans Tensile Strength Ratio CTM371 $ 2,200.00 each Moisture Vapor Susceptibility $ 300.00 each Mix Design, Hveem Method W/RAP $ 7,600.06 each Mix Design, Hveem Method $ 5,400.00 each Mix Design, Marshall Method 1 000.00 each Mix Design, uperpave Method $ 6,0060.060- each 1 Caltrans Opt Bitumen Content OGFC CTM368 $ 1,575.00 each LkLamburg Wheel Track, Set of 2 1,100.00 each i ommon c- ---4s—T , AASHTO and DOT test methods. a Those beginning with A, B, C, D, E, F, or G are ASTM methods. 0 Those_beginningwith T are AASHTO methods. Page 6 of 8 Revised 8/l/2016 hfiETAL TESTS B�— OLT TESTS Test Standard Test Methods Fee Bolt Assembly Suite (Bolt, Nut,Washer)' F606 $ 200.00 each Bolt Hardness E18 $ 30.00 each Bolt Proof Load F606 $ 40.00 each Bolt Wedge Tensile F606 $ 40.00 each Nut Hardness E16 $ 30.00 each Nut Proof Load F606 40.00 each Washer Hardness E18 —P$$:� 30.00 each *An 'assembly'Is one boll,one nut and one washer. The suite consists of a bolt wedge tensile test, bolt and nut proof load tests,and hardness tests on all three pieces. METAL TESTS Test Standard Test Methodt Fee Bend A370, E290 $ 40.00 each Rebar Coupler Slippage A370, CTM 670 $ 140.00 each Rebar Coupler Tensile A370.Al 034, CTM 670 $ 90.00 each Rebar Coupler Tensile�:2 Sq.1n. CrossSect A370, A1034, CTM 670 $ 150.00 each CTM 670 Strain (Elongation) CTM670 $ 20.00 each PT Strand Tensile A370, A1061 $ 150.00 each Spliced Specimen Tensile A370, A1034 $ 90.00 each Tensile <2.0 Sq. In. Cross-Sect. A370. E8 $ 90,00 each Tensile!-2.0 Sq. In. Cross-Sect. A370, E8 $ 150.00 each Rockwell Hardness E18 30.00 each Macroetch E381 $ 200.00 each _Phar each 2y Impact, Set of 3 A370, A673 $ IT1 5 00 Galvanization Thickness B499, E376 $ 25.00 each Metal Modulus of Elasticity $ 80.00 each Fireproofing Density E605 $ 55.00 each 'Alachining test specimens Is not included. Additional fees maybe assessed for testing at temperatures other than 401F. tCommon ASTM, AASHTO and DOT test methods. * Those beginning with A, B,C, D, E, F,or G are ASTM methods. 0 Those_"e j9ping_with T are AASHTO methods. Page 7 of 8 Revised 8/1/2016 pj I it#$ I I Ex It I I I st�pql Out I I(V G I �)'I (400CAl 1--4 MAT I R I Alt, t A804A AT"MY T I !IJ IW. '14 A#W-I DIMENSION STONE AND ROOFING MiATERIAL TESTS DIMENSION STONE Test Standard Test Methodt Fee Dimension Stone,Absorption/Spec. Gray. C97 $ 220.00 set/5 Dimension Stone,Compressive Strength C170 $ 220.00 set/5 Dimension Stone, Flexural Strength C880 $ 220.00 set15 Dimension Stone,Modulus Of Rupture C99 $ 220.00 set/5 ROOFING MATERIAL Test Standard Test Methodt Fee Roof Tile Absorption $ 100.00 each Roofing, Unit Weight of Surfacing D2829 $ 100.00 each Roof Tile Breaking Load UBC 15-5 $ 50.00 each Roof Tile, Permeability $ 150.00 each MISCELLANEOUS TESTS MISCELLANEOUS TESTS Test Standard Test Methodt_ Fee Non-Masonry Grout Compression C579 $ 31.00 each Hydraulic Ram Calibration $ 300.00 each Poly!per Composite Materials D3039 $ 650.00 set/5 SAMIPLE PREPARATION SAMPLE PREPARATION Test Standard Test Methodt Fee Rock Sample Preparation D4543 $ 160.00 each Sample Crushin2 $ 125.00 each Sample Cutting and Trimming $ 31.00 each Sample Mixing and Processing $ 45.00 each Sample Preparation $ 1 45.00 each Sample Preparation,per hour $ 100.00 each Sample Remolding $ 80.00 each Contamination Fee $ 250.00 each Sample D#osal Fee $ 10.00 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B,C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 8 of 8 Revised 811/2016 APPENDIX D BSK Associates 2017 SCHEDULE OF FEES TABLE OF CONTENTS PROFESSIONALSTAFF.....................................................................................................................P-1 TECHNICIAN(Prevailing Wage)........................................................................................................P-1 BASIS OF CHARGES FOR CONSTRUCTION OBSERVATION AND TESTING SERVICES..............................P-2 SOILS............................................................................................................................................M-1 MOISTURE/DENSITY CURVES ...........................................................................................................M-1 PARTICLESIZE ANALYSES................................................. ........,.....................................................M-1 ATTERBERGLIMITS.............................................................................................................................M-1 MOISTURE-DENSITY TEST............................................................................................I......................M-1 SWELLTESTS.......................................................................................................................................M-1 SHEARTESTS...................................................................................................................I...................M-1 CONSOLIDATION TESTS„....................................................................................................................M-2 UNCONFINED COMPRESSION TEST...........................................................................................I........M-2 "R"VALUE DETERMINATIONI-2.........................................................................................................M-2 CALIFORNIA BEARING RATIO(CBR)....................................................................................................M-2 PERMEABILITY TESTS..........................................................................................................................M-2 SOILCORROSIVITY TESTS....................................................................................................................M-2 SOILCEMENT TESTS............................................................................................................................M-3 OTHER.................................................................................................................................................M-3 AGGREGATES................................................................................................................................M-3 CONCRETE.......................................................................................................................I.....I......M-4 CHEMICALREACTIVITY TESTS.............................................................................................................M-5 REINFORCINGSTEEL......................................................................................................................M-5 REINFORCINGBAR TESTS...................................................................................................................M-5 WIREFABRIC TESTS ASTM A-185..............................................................................._ ..I...............M-5 PRESTRESSING CABLES.......................................................................................................................M-5 WELDING AND STRUCTURAL STEEL.................................................................I..................I...........M-5 WELDER QUALIFICATION TESTING.....................................................................................................M-5 WELDED SPECIMEN TESTS..........................................................................................I.......I...............M-5 STRUCTURALSTEEL TESTS..................................................................................................................M-5 HARDNESSTESTS................................................................................................................................M-6 HIGH STRENGTH BOLTTESTS .............................................................................................................M-6 Revised 12/1/16 APPENDIX D BSK Associates FIELD AND LABORATORY TESTS— 2017 SOILS MOISTURE/DENSITY CURVES Standard Proctor 4" Mold,AASHTO T-99 or ASTM D-698....................................................(per test) $215 Modified Proctor 4" Mold,AASHTO T-180 or ASTM D-1557................................................(per test) 215 Modified Proctor 6" Mold AASHTO T-180 or ASTM D-1557.................................................per test) 230 Caltrans Maximum Wet Density, CAL-216............................................................................(per test) 195 CheckPoint............................................................................................... ......... .....(per test) 125 Corps of Engineers (AASHTO modified)................................................................................(per test)Quote PARTICLE SIZE ANALYSES Sieve Analysis,with Minus#200 Wash,ASTM D-422...........................................................(per test) $155 Minus#200 Sieve Analysis Wash,ASTM D-1140..................................................................(per test) 75 Hydrometer Analysis,ASTM D-422.......................................................................................(per test) 205 Double Hydrometer Analysis,ASTM D-4221........................................................................(per test) 285 Specific Gravity,ASTM D-854................................................................................................(per test) 145 Visual Classification, D-2488.................................................................................................(per test) 40 Sand Equivalent,ASTM D-2419(3 determinations).............................................................(per test) 115 Percent Organics in Soil,ASTM D-2974................................................................................(per test) 125 ATTERBERG LIMITS Plasticity Index, Liquid Limit/Plastic Limit,ASTM D-4318.....................................................(per test) $200 Shrinkage Factors,Shrinkage Limit,ASTM D-427.................................................................(per test) 185 MOISTURE-DENSITY TEST TubeDensity.........................................................................................................................(per test) $45 Moisture Content, ASTM D-2216..........................................................................................(per test) 40 SWELL TESTS Expansion Index- U.B.C.Standard No. 18-2.........................................................................(per test) $215 SHEAR TESTS Direct Shear, Undisturbed (quick) (3 point test),ASTM D-3080........................................... (per test) $200 Direct Shear, Remolded (quick) (3 point test),ASTM D-3080.............................................. (per test) 235 Revised 1211/16 M-1 i A ,. APPENDIX D Triaxial Compression Testing and pore pressure measurements, strain-controlled, stress controlled,creep potential determination ............................................................................... Quote CONSOLIDATION TESTS ASTM D-2435 (8 point curve)................................................................................................(per test) $380 ExtraPoints...........................................................................................................................(per test) 50 Collapse Potential,ASTM D-2435.........................................................................................(per test) 185 Remolded Consolidation,ASTM D-2435...............................................................................(per test) 325 One-dimensional Swell,ASTM D-4546.................................................................................(per test) 120 UNCONFINED COMPRESSION TEST ASTM D-2166(stress/strain).................................................................................................(per test) $120 "R"VALUE DETERMINATION Caltrans Method 301,untreated material with stabilometer tests and moisture-density determination................................(per test) $360 Caltrans Method 301,treated material samples containing aggregates,cement,lime,or other additives..........................(per test)Quote CALIFORNIA BEARING RATIO(CBR) CBR at 100%of maximum dry density, ASTM D-1883 inclusive of Maximum Density Curve, or AASHTO T-180, Method"D", 1 point method.....................................................(per test) $465 CBR at 95%of maximum dry density, ASTM D-1883 inclusive of Maximum Density Curve, or AASHTO T-180, Method "D",3 points method...................................................(per test) 905 PERMEABILITY TESTS Rigidwall,ASTM D-2434........................................................................................................(per test) $260 Flexible Wall,ASTM D-5084..................................................................................................(per test) 400 Remold Flexwall Permeability,ASTM D-5084.......................................................................per test) 510 Other forms of Permeability tests........................................................................................(per test)Quote SOIL CORROSIVITY TESTS Minimum resistivity, CAL-643...............................................................................................(per test) $130 pH..........................................................................................................................................(per test) 60 Soluble Sulfate,Chloride and Sulfide....................................................................................(per test) 120 Revised 12/1/16 M•2 i'.1 g a' APPENDIX D Oxidation Reduction of Soil ..................................................................................................(per test) 50 SOIL CEMENT TESTS Soil Cement Mix Design per PCA soil cement laboratory handbook Chapter 5 -includes Atterberg limits, sieve analysis, moisture-density, compression tests and freeze-thaw, or wetting-drying tests..............................................................................................................(per test)Quote Freeze-thaw abrasion,set of 3(sample preparation not included), D-560..........................(per test) $570 Wetting-drying abrasion, set of 3(sample preparation not included), D-559.....................(per test) 545 Preparation of freeze-thaw or wetting-drying tests, set of 3 at varying cementcontent.....................................................................................................................(per test) 685 Compression tests, laboratory mixed and compacted samples,set of 3.............................(per test) 220 Cement content of soil cement(ASTM C-1084 modified)....................................................(per test) 220 OTHER Samplepreparation fee........................................................................................................(per test) $60 Crumb test,ASTM D-6572....................................................................................................(per test) 70 Pinhole Dispersion test.........................................................................................................(per test) 230 Sand Density Calibration,ASTM D-1566...............................................................................(per test) 70 AGGREGATES Sieve Analysis,coarse or fine(without wash),ASTM C-136.................................................(per test) $ 75 Inclusive of fineness modulus................................................................................. (per test) 80 Wash Analysis,amount of material finer than No.200 sieve,ASTM C-117.........................(per test) 75 Specific Gravity,absorption coarse,ASTM C-127.................................................................(per test) 145 Specific Gravity and absorption,ASTM C-128 Fine...............................................................(per test) 145 Organic impurities,ASTM C-40.............................................................................................(per test) 75 Percent clay lumps and friable particles,ASTM C-142.........................................................(per test) 75 Percent fiat and elongated particles,ASTM D-4791.............................................................(per test) 115 Moisture Content,ASTM D-2216..........................................................................................(per test) 40 Weight per cubic foot,ASTM C-29 Compact.................................................................................................................. (per test) 70 Loose........................................................................................................................(per test) 60 Abrasion by Los Angeles Rattler test,ASTM C-131 Small size coarse aggregate.....................................................................................(per test) 215 Large size coarse aggregate.....................................................................................(per test) 260 Revised 1211/16 M3 APPENDIX D Sulfate Soundness(5 cycles),ASTM C-88 per sieve size.......................................................(per test) 100 Minimum charge per sample...................................................................................(per test) 320 Relative Mortar strength of sand,ASTM C-87......................................................................(per test) 390 Sand Equivalent, Caltrans method 217-I,or ASTM D-2419..................................................(per test) 115 Durability Index,Caltrans method 229-E, per fraction.,................. .....................................(per test) 230 Potential Reactivity,ASTM C-289.........................................................................................(per test)Quote Cleanness value, Caltrans method 227-E.............................................................................. (per test) 165 Hydrometer Analysis, Caltrans method 205-E,or ASTM D-422 ...........................................(per test) 205 Percentage of crushed particles,Caltrans method 205........................................................(per test) 150 Lightweight pieces,ASTM C-123...........................................................................................(per test) 200 CONCRETE Cement content of hardened concrete,ASTM C-1084.........................................................(per test) $345 Chemical test,ASTM C-150(types I through V)....................................................................(per test)Quote Time of setting of hydraulic cement,ASTM C-191...............................................................(per test) 285 Specific gravity of hydraulic cement,ASTM C-188...............................................................(per test) 140 Volume change of cement, mortar or concrete (drying shrinkage), ASTMC-157............................................................................................................... .....(per test) $360 Compressive test,6"x 12"cylinder,ASTM C-39(1 cylinder)...............................................(per test) 30 Compressive test, 6"x 12"cylinder,ASTM C-39(sets of 4)..................................................(per set) 125 Compressive test,cored specimens,ASTM C-39/C-42.........................................................(per test) 55 Preparation of specimens,diamond sawing(each end).......................................................(per test) 60 Compressive strength of shotcrete panel(set of 3*)...........................................................(per panel) 290 Proportion of cement in hardened concrete,ASTM C-85....................................................(per test) 335 Flexural test of concrete beam,ASTM C-78.........................................................................(per test) 80 Splitting tensile strength of concrete cylinders,ASTM C-496 ..............................................(per test) 80 Density test of lightweight concrete,ASTM C-567.............................................................. (per test) 50 "AT'test-reinforced concrete pipe"Life Factor" (C2CO3 Equivalent) .................................(per test) 70 9 point core measurements,ASTM C-174............................................................................(per test) 30 Compressive test,gunite......................................................................................................(per test) 55 Concrete Trial Batch..............................................................................................................(per test)Quote Unit weight and absorption of hardened concrete,ASTM D-642........................................(per test) 115 Accelerated curing of concrete, ASTM C-684(set of 2)........................................................(per test) 230 Cylindermolds .................................................................................................(each) 6 awn, Revised 2211116 M 41 , APPENDIX D Storage of concrete cylinders for more than 45 days...........................................................(each) 55 RHProbe.......................................................................................... ....................................(each) 55 Calcium Chloride Kit............................................................................................................. (each) 35 CHEMICAL REACTIVITY TESTS Mixing water:pH,electrical conductance,chloride,sulfate................................................(per test) $ 90 Contact soil: pH,electrical conductance,chloride,sulfate...................................................(per test) 110 *Does not include coring REINFORCING STEEL REINFORCING BAR TESTS Tensile test,#3 through#8 bars ...........................................................................................(per test) $135 Tensile test,#9 through#11 bars.........................................................................................(per test) 135 Bendtest...............................................................................................................................(per test) 50 WIRE FABRIC TESTS-ASTM A-185 Tensiontest...........................................................................................................................(per test)Quote Bendtest...............................................................................................................................(per test)Quote Weld shear test(average of 4)..............................................................................................(per test)Quote PRESTRESSING CABLES Tensile and elongation,ASTM A-416 or ASTM A-421...........................................................(per test) $260 Cable preparation.................................................................................................................(per test)Quote Tendons.................................................................................................................................(per test)Quote Slip and Tensile Rebar Couplers(CT 670) .............................................................................(per test) 195 WELDING AND STRUCTURAL STEEL WELDER/PROCEDURE WELDER QUALIFICATION TESTING Structural welding(machining included, per position -witnessing not included) Groove weld, 3/8" plate...........................................................................................(per test)Quote WELDED SPECIMEN TESTS Face Bend(preparation not included)..................................................................................(per test) $55 Root Bend (preparation not included)..................................................................................(per test) 55 Side Bend (preparation not included)...................................................................................(per test) 55 STRUCTURAL STEEL TESTS Tensile test(machining not included)...................................................................................(per test) $75 Revised 1211116 NI 5 I`•_ +' 16. APPENDIX D Bend test(machining not included)......................................................................................(per test) 65 Machining charges...........................................................................................................(per coupon)Quote HARDNESS TESTS Brinell Hardness,ASTM E-10................................................................................................ (per test) $90 Rockwell Hardness,ASTM E-18.............................................................................................(per test) 90 HIGH STRENGTH BOLT TESTS Bolt Ultimate Load................................................................................................................(per test) $130 Bolt Hardness (set of 3).........................................................................................................(per test) 90 Nut Hardness (set of 3).........................................................................................................(per test) 90 Washer Hardness (set of 3)...................................................................................................(per test) 90 Proof Loading, bolt or nut.....................................................................................................(per test) 130 MASONRY CONCRETE MASONRY UNITS TESTING-ASTM G90 Compression test pavers...................................................................................................... (per test) $ 70 Compressive test composite CMU prism..............................................................................(per test) 150 Specific gravity and unit weight............................................................................................(per test) 105 Moisture Content..................................................................................................................(per test) 50 Compression test,masonry units,ASTM C-140....................................................................(per test) 95 Absorption test including moisture content, masonry units,ASTM C-140..........................(per test) 95 Lineal Shrinkage, masonry unit, per specimen.....................................................................(per set) 375 Shear test on masonry core................................................................................................. (per test) 100 Core Compression/Shear......................................................................................................(per test) 170 BRICK TESTS Compression test,ASTM C-67...............................................................................................(per test) $70 Absorption and unit weight,ASTM C-67...............................................................................(per test) 70 GROUT AND MORTAR TESTS Compression test,grout prisms(sets of 3 or 4)....................................................................(per test) $110 Compression test, mortar cylinders (sets of 3 or 4) .............................................................(per test) 105 Revised 11/1/16 M 6 i .'.3 .4- APPENDIX D ASPHALT AND PAVEMENT BITUMINOUS MATERIALS,ASPHALT, ROAD OIL TESTING AC Mix Design HVEEM method......................................................................................... ...per test) $2,830 Marshallmethod..................................................................................................... (per test) 3,350 Includes: Material evaluation, sieve analysis, specific gravity, sand equivalent, LA Rattler, CKE, and percentage of crushed particles. ASPHALT CONTENT,BITUMEN PERCENTAGE ASTM-D2172(centrifuge method)...........................................................................(per test) $260 Ash Correction .........................................................................................................(per test) 260 ASTM D-6307 or CAL-382 (ignition method)...........................................................(per test) 205 Moisture content of asphalt,CAL-370..................................................................................(per test) 60 Gradation of extracted sample,ASTM D-5444...................................... .......................... (per test) 125 Film Stripping(excludes specific gravity of aggregate).........................................................(per test) 80 Compaction/Preparation of HMA Briquette(CT 304)..........................................................(per test) 200 Stabilometer value, CAL-366.................................................................................................(per test) 160 Specific gravity of compacted sample or core,ASTM D-2726..............................................(per test) 50 Specific gravity of asphalt concrete,ASTM D-2041, rice method ........................................(per test) 230 Moisture Vapor Susceptibility, CAL-307.......................................................... ...........(per test) 185 Surface abrasion of compacted bituminous mixtures,CAL-360-A or B................................(per test) 455 INDEX OF RETAINED STRENGTH,ASTM D-1074,D-1075 Per set of 6 (lab-mixed samples-not including mix design)...................................(per test) $410 Maximum density of asphalt concrete, CAL-375(average of 5 specimens).........................(per test) 410 MARSHALL STABILITYAND PLASTIC FLOW OF BITUMINOUS MATERIALS,ASTM D-1559, Per set of 3 (lab-mixed samples-not including mix design)............... ...................(per test) $230 Solvent disposal fee............................................................................................................. (per test) 40 Calculated AC Maximum Density,CAL-367...........................................................................(per test) 90 Marshall Maximum Density,ASTM D-6926..........................................................................(per test) 265 OTHER Examination of AC Cores.......................................................................................................(per test) $30 Thickness determination of AC Cores.................................................................... ....(per test) 20 AC Tensile—Strength Ratio,ASTM D-4867 Revised 12/1/16 M 7, k x APPENDIX D BSK Associates EQUIPMENT CHARGES — 2017 VEHICLE MILEAGE 2-Wheel drive...........................................................................................................(per mile) $0.88 4-Wheel drive...........................................................................................................(per mile) 2.00 MATERIALS TESTING* Portablepower auger...........................................................................................................(per day) $80 Nuclear density gauge.......................................................................................................... (per day) 55 Ultrasonic weld testing equipment.......................................................................................(per day) 55 Torquewrench......................................................................................................................(per day) 55 Anchortesting equipment....................................................................................................(per day) 55 Schmidthammer...................................................................................................................(per day) 55 Skidmore Wilhelm bolt tension calibrator............................................................................(per day) 50 "R" meter..............................................................................................................................(per day) 55 Scanning equipment(for plate thickness)............................................................................(per day) 50 Inductive and conductive pipe locator.................................................................................(per day) 47 Air meter(concrete) ............................................................................................................(per day) 50 Woodmoisture meter..........................................................................................................(per day) 55 Ferroscan ..............................................................................................................................(per day) 105 * Equipment Charges Do Not Include Operators CORING* Coring equipment(includes bit charges)asphaltic concrete ...............................................(per hour) $160 Coring equipment(includes bit charges) concrete or masonry...........................................(per hour) 160 *A handling/disposal fee of$10 may be assessed to each soil sample and tube obtained from the field for environmental projects.Traffic control costs, if required,are in addition to any drilling and/or coring costs.Scaffolding/rigging costs,if required, are in addition to any coring costs. Floor flatness testing. ................................................................-........................................ per hour) $135 GROUNDWATER SAMPLING/ENVIRONMENTAL TESTING EQUIPMENT* Field Vehicle truck.................................................................................................................(per day) $110 Truck with well sampling equipment....................................................................................(per day) 370 Steamcleaner.......................................................................................................................(per day) 105 Wellsounder.........................................................................................................................(per day) 40 Revised 12/1/16 E 1: , it,- APPENDIX D Generator..............................................................................................................................(per day) 80 Groundwater field parameter meter....................................................................................(per day) 37 Dissolved oxygen met...........................................................................................................(per day) 42 Turbiditykit...........................................................................................................................(per day) 55 Flow monitoring equipment.................................................................................................(per day) 318 Combustible gas indicator....................................................................................................(per day) 60 OVMPID meter.................................................................................................................... (per day) 80 Gas detector/LEL meter....................................................................................... .....(per day) 37 Landfill gas chromatograph ..................................................................................................(per day) 212 Soundlevel meter.................................................................................................................(per day) 32 Disposablebailer...................................................................................................................(per unit) 20 Disposable water sample filters............................................................................................(per unit) 22 Hand auger and soil sampler................................................................................................(per day) 55 Teflontubing.........................................................................................................................(per foot) 5 Waterlevel transducers........................................................................................................(each) 10 Sample sleeve(including caps,Teflon)6" ............................................................................(per sample) 10 Sample sleeve (including caps,Teflon)3. ............................................................................(per sample) 5 GPS(handheld).....................................................................................................................(per day) 80 *Equipment charges do not include operators Revised 12/1/16 E 2w APPENDIX D AERIAL PHOTOMAPPING SERVICES STANIIARD SERVICE LABOR RATES: 1) Photogrammetric consultation (flight planning,project coordination) $ 110.00 per hour 2) Stereo-compilation $ 100.00 per hour 3) Digital. Data Editing $ 95.00 per hour 4) Orthophoto production services $ 95.00 per hour (scanning,photoshop, mosaic) 5) Aero- Triangulation S 75.00 per image 6) Secretarial $ 40.00 per hour 7) Outside services $cost+20% (flight, scanning) 8) Travel expenses $cost+20% 9) Materials $Cost+20% Aerial Photomapping Services Federal Tax ID #: 77-029-6870 Aerial Photomapping Services is a California Corporation APPENDIX D 2017 RATE SCHEDULE FOR K.D . SCHMIDT AND ASSOCIATES Staff Hourly Rate Principal $325 $400 depositions and expert witness Associate Hydrologist $160 Senior Hydrologist $150 Hydrogeologic Aide $100 Hydrologic Aide $90 Secretarial $60 Mileage is billed at $0 .60 per mile and photocopies at $0.20 each. All other out-of-pocket expenses are billed at direct cost. APPENDIX E Local Assistance Procedures Manual 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 I of DLA-OB 13-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at http://www.dotca.gov/hq/Loca1Programs/DLA OB/DLA OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Provost & Pritchard Consulting Group Indirect Cost Rate: i Sb .Sg r * for fiscal period th—t .- 2 o — q -- —� *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno Contract Number: 1 66 Project Number: N/A 1, 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 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: 1,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 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: Page 1 of 2 ��+- APPENDIX E Local Assistance Procedures 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 1,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): $ 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: Title: Consultant Certification Signature ** ' t t ° �L t r Date of Certification(m1n/dd/ -1 Consultant Contact Information: Email: Phone number: -756q- **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.0 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR,Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore,subconsultants as parties of a contract Wiest complete a certification and send originals to.4&1 and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 i Wo 1G Al T • `^' APPENDIX E Attachment 1R FebruaU 8 2016 SAFE HARBOR RATE CONSULTANT CERTIFICATION OF ELIGIBILITY; CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM FOR FEDERAL-AID HIGHWAY PROJECTS Consultant Name: DP Engineering Transportation Design, Inc. Check one of the following options as it applies to your firm that is completing this certification: ❑ Prime Consultant ® Subconsultant Local Agency(if applicable): County of Fresno Contract#(if applicable): Check one of the following contract methods of payment: ❑ Specific Rate of Compensation ❑ Actual Cost-Plus-Fixed Fee ❑ Lump Sum ❑ Cost Per Unit of Work Federal Project#: Subconsultant's Participating Contract Dollar Amount: $ Subconsultant's Estimated%of Work to be Performed(Specific Rate of Compensation): % Prime Consultant's Contract Dollar Amount: $ Safe Harbor Rate(Indirect Cost Rate): 110% Certification of Eligibility: I,the undersigned, certify that the firm is eligible to use the safe harbor indirect cost rate as the firm: 1. Does not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulation(FAR)of Title 48, Code of Federal Regulations(CFR)Part 31-Contract Cost Principles and Procedures(48 CFR Part 31 often referred to as"Federal cost principles") compliant indirect cost rate(ICR). OR 2. Does not have a previously accepted ICR by a cognizant agency,or with an audited/accepted ICR, and does not have an existing contract with a provisional rate. 3. Has not developed an indirect cost rate in compliance with the Federal cost principles. Certification of Contract Costs: 1,the undersigned, certify that I have reviewed the cost proposal for the above contract and to the best of my knowledge and belief: 1. All costs included in the cost proposal are allowable in accordance with the Safe Harbor Rate requirements and Federal cost principles. 2. The cost proposal does not include any costs which are expressly unallowable with the Safe Harbor Rate requirements and the Federal cost principles. 1 APPENDIX E Attachment I R February 8,201 3. All direct costs(direct labor/billing rates and other direct costs)included in this cost proposal are reasonable,allowable,and allocable to the contract in accordance with the Safe Harbor Rate requirements;generally accepted accounting principles(GAAP); Federal cost principles; Title 23 United States Code(U.S.C,)Chapter I-Federal-Aid Highways Section 112-Letting of Contracts(23 U.S.C. 112);Title 23 CFR Chapter I-Federal Highway Administration, Department of Transportation Part 172-Procurement,Management,and Administration of Engineering and Design Related Service(23 CFR Part 172);and terms and conditions of the contract. All costs must be applied consistently and fairly to all contracts regardless of contract or client type. Documentation for these costs must be in compliance with applicable federal and state requirements. All documentation of compliance must be retained in the project files for 3 years after contracting agency makes final payment and all pending matters are closed. Certification of Financial Management System- 1,the undersigned,certify that our financial management system in place for this contract and moving fonvard meets the standards for the Safe Harbor Rate requirements and financial reporting.accounting records,internal and budget control as set forth in 23 CFR Part 172 and 48 CFR Part 31.These standards require consulting firms have an accounting system adequate to accumulate,and track allowable, allocable,and reasonable direct labor and other direct costs by contract;segregate indirect costs,and remove unallowable costs. Certification of Cost Reimbursements on Contracts: 1,the undersigned,also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to a Federal-aid highway program(FAHP)may result in possible penalties and sanctions as provided by the following: Sanctions and Penalties-23 CFR Part 172.11(c)(4) False Claims Act-31 U.S.C. Sections 3729-3733 ■ Statements or entries generally- 18 U.S.C.Section 100 1 • Major Fraud Act- 18 U.S.C.Section 1031 Consultant Certifying: Name,: Dawn C. Penman__ Title*: President Signature Date of Certification(mmIdd/yyyy): 6/2/2017 Email*: dpengineering@att.net Phone Number*:530-672-2546 *An executive 01 financial officer of the contractor's organization who has authority.to represent the financial information utilized to establish the proposal submitted in conjunction with the contract. ALSO REQUIRED Attach a cop),of your completed: Distribution: 1)Original to Caltrans A&I 2)Caltrans Division of Procurement and Contracts IDPAQ Contract Files or Local Agency Project Files 2 APPENDIX E Local Assistance Procedures Manual 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 I of DLA-OB 13-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at http✓lwww dot ca.govlhq/LocalProgram&DL, OBIDLA OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: TRC Engineers,Inc. Indirect Cost Rate: 160.02% * for fiscal period 07/01/2015-06/30/2016 *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno-Department of Public Works Contract Number: TBD Project Number: TBD 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 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: 1,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$22,450,207.00 and the number of states in which the firm does business is 36 Certification of Direct Costs: 1,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: Page 1 of 2 LPP 15-01 January 14,2015 APPENDIX E 7 i Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System j 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 1, 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. Subconsuitants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): $ 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: Mark Imbriani,P.E. Title: Vice President Consultant Certification Signature **: Date of Certification(mm/dd/yyyy): 06/30/2017 Consultant Contact Information: Email: mimbrianita7tresolutions.com Phone number: (916)366-0632 **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),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR,Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual orfirm providing engineering and design related services as a parn> io the contract. Therefore,subconsultants as parties ofa contract must complete a certification and send originals to A&1 and keep copies in Local Agency Project Files. Distribution- I)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 LPP 15-01 January 14,2015 APPENDIX E Local Assistance Procedures Manual 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 I of DLA-OB 13-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at http✓/www.dot ca gov/hq/LocalPrograrns/DLA OBIDLA OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Cornerstone Structural Engineering Group Indirect Cost Rate: 172.26% * for fiscal period 01/01/2016 to 12/31/2016 *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno DPW&Planning Contract Number: TBD Project Number: TBD 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 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$2,500,000.00 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: Page 1 of 2 APPENDIX E Local Assistance Procedures 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 1,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: Todd M.Goolkasian,SE Title: President Consultant Certification Signature i Date of Certification(mm/dd/yyyy): 6/30/2017 Consultant Contact Information: Email: tgoolkasian@cseg.com com Phone number: (559)320-3200 **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),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR,Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore,subconsultants as parties of a contract must complete a certification and send originals to A&I and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 if uu I c_nl January 14,2015 APPENDIX E CALTRANS QUESTIONNAIRE FOR SAFE HARBOR RATE Mised 9/13/13 Safe Harbor Rate Questionnaire for Evaluating Consultant's Financial Management System For Federal-Aid Highway Projects Consultant Name: D1252,Inc.dba Designlab 252 Headquarter Address: P.O.Box 27616 Fresno CA 93729 Location of Accounting Records: 2530 Sample Ave.Clovis,CA 93611 Company contact for accounting system questions Name: Konni Jonse Title: Chief Operations Officer Phone Number: 559-999-7531 Email Address: konni@designlab252.com Mailing Address: P.O.Box 27616 Fresno CA 93729 Purpose: This questionnaire is a tool for the Department of Transportation(Caltrans)to evaluate the adequacy of the Consultant's financial management system to accumulate and track direct labor and other direct costs by contract,segregate indirect costs, and remove unallowable costs. Instructions: 1. This questionnaire should be completed by personnel(e.g.accounting staff)with working knowledge of the Consultant(Company)'s financial management system. 2. Answer all questions and provide an explanation and additional supporting documentation where requested. 3. For"No"responses,provide an explanation, 4. If additional space is required,please attach a separate sheet and refer to items being answered by number. IMPORTANT!!! FAILURE TO PROPERLY COMPLETE THIS DOCUMENT MAY RESULT IN A DENIAL ON THE USE OF THE SAFE HARBOR RATE AND INABILITY TO PARTICIPATE ON THIS AGREEMENT. Definition of terms: Cost objective is an agreement/contract,function or organizational subdivision, or other work unit for which the costs of processes,products,jobs, or projects are accumulated and measured. An "intermediate cost objective"is a cost objective used to accumulate costs that are subsequently allocated to one or more indirect cost pools and/or final cost objectives. Direct cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the endproducts as material or labor. Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objective. (Federal Acquisition Regulations(FAR)31.202) Indirect or overhead cost is any cost that is not directly identified with a single final cost objective,but is identified with Avo or more final cost objectives or with at least one intermediate cost objective. (FAR 31.203) Indirect cost pools are groupings of incurred costs identified with tow or more cost objectives but not identified specifically with any final cost objectives. (FAR 31.001) References: Title 49 Code of Federal Regulations(CFR)18.20, Title 48 CFR 31, Title 48 CFR subpart 9900, and AASHTO Uniform Auditing&Accounting Guide(2012 Edition). 1 APPENDIX E CALTRANS QUESTIONNAIRE FOR SAFE HARBOR RATE Rldvised 9/13/13 1. What form of business entity is the Company? ❑Sole Proprietorship ❑Partnership ❑C Corporation X S Corporation ❑Other 2. What types of services does the Company provide?(e.g.consultant-Architectural and Engineering Design,etc.) Consultant-Landscape Architecture 3. Does the Company have prior government contracting experience? ❑ Yes x No If so,how many years of experience with government contracts? 4. What is the company's fiscal reporting period?(Start Date_ i-Jan to December 31 Has the company used the same fiscal reporting period for the past two years? x Yes ❑No 5. What kind of accounting software does the Company use? ❑Internally-developed system ❑Commercial System:Name of vendor: Intuit Quickbooks Enterprise Ed.. ❑Hybrid system:Please explain 6. What basis of accounting does the Company use to prepare general purpose financial statements? x Cash Accrual ❑Hybrid Please explain"Hybrid" If response above is not"Accrual",are year end accrual adjustments made for compliance with generally accepted accounting principles? ❑ Yes x No We will do accrual adjustments at the end of each year for compliance with generally accepted accounting principles. If yes,please provide a listing of the accrual adjustments made. 7. Does the general ledger contain separate direct and indirect accounts for the following? a. Direct Labor costs(billable and separate non-billable accounts) Yes x No b. Non-labor costs(billable and separate non-billable accounts) Yes x No c. Unallowable costs Yes x No It will beginning with this contract Note:This will support that all direct costs are accounted for and traceable from the job cost ledger to the general ledger. If responses are"Yes"to items"a"through"c",please provide a copy of the Company's chart of accounts and identify account numbers/names(i.e.account series/grouping,categories)for the cost items listed below. a.Direct Labor b.Other Direct Cost(ODC) c.Indirect Labor d.Other Indirect Cost e.Unallowable Cost 8. Do you have written policies on identification of direct and indirect costs(labor and non-labor)? Yes x No If"Yes",please provide copies. We will be creating rent policy that is FAR comphent. 9. Does the Company have a system in place to identify and remove from the indirect cost pools all unallowable costs, in accordance with 49 CFR Part 18.20,48 CFR Part 31 and applicable Cost Accounting Standards? x❑ No.Please explain. A ❑ Yes.If"yes",please provide written policies and procedures for identifying and removing unallowable costs from the indirect cost pool,and answer a and b below: a.How are appropriate personnel trained to distinguish between allowable and unallowable costs? 2 The Company has not had requirements for this type of accounting system. We are working with an accountant to be FAR f APPENDIX E CALTRANS QUESTIONNAIRE FOR SAFE HARBOR RATE Rtivised 9/13/13 b.When does the primary review for allowability occur at time the transaction is recorded or later? 10. Are contracts/projects assigned a unique identification/project number in your accounting system? x Yes ❑No If"Yes",please provide a complete list of current active contracts/projects with their respective identification number. Active Project List attached below. 11. Do the Company's timesheets include reporting codes for both direct and indirect hours? n Yes x No If"Yes",do all employees,including managers and principles,record direct and indirect hours on their timesheets? o Yes x No If"No",then please explain the method used to segregate direct and indirect labor hours. as above We have systems in place so these will be segregated in the future and have unique ID numbers. 12. Does the Company record all hours worked by all employees,including managers and principals,regardless of whether the employees are exempt from overtime pay or whether all direct labor hours are billed to specific contracts/projects? x No.If"No",please explain.: In the future aII hours will be tracked in the new system. ❑Yes.If"Yes",which of the following methods does the Company use to account for uncompensated overtime-the hours worked without additional compensation in excess of an average of 40 hours per week by direct-charge employee who are exempt from the Fair Labor Standards Act? o Effective Rate Method.Please explain: ❑Salary Variance Method. Please explain.(e.g.,What was the total dollar amount of the salary/payroll variance for the year?):$ •Other.Please explain: 13. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets? o Yes x No doing it in the future. If"Yes",please provide a copy of an approved timesheet that shows indirect and direct labor separated by contract/project/ cost objectives. 14. How does the Company segregate work performed under a basic agreement/contract from work performed for contract changes/modifi cations? under a separate account 15. Besides labor,what other costs does the Company normally bill/invoice as direct contract/project costs? _Outside vendor printing,Computer and Software at CT offices only,vehicle expense,Overnight Mail Service, Courier Service,Travel Expense,Office supplies when assigned to CT Offices. Does your response include a complete list of all items you intend to bill/invoice Caltrans for? x Yes No If"No",please provide a listing of all those ODC items to be charged to the contract/project with Caitrans. 16. Is your financial management system capable of accumulating and summarizing costs including direct and indirect, (including labor),unallowable,and ODCs by contract/project? x Yes No It is capable,but not set-up at this time. If"Yes",please provide a sample report from a currently active contract/project showing the accumulation and summarization of direct labor and ODCs by contract/project if applicable. 17. Do you have the ability to accumulate and summarize all contract/project costs even if they cannot be billed directly? (i.e.non-reimbursable project costs) x Yes ❑No 18. Describe the accounting treatment for direct costs not billable to clients.(Where/how are these costs recorded?) unbillable direct costs will be posted toa specific account for accounting and analysis of OH. 3 APPENDIX E CALTRANS QUESTIONNAIRE FOR SAFE HARBOR RATE R11vised 9/13/13 19. Does the Company reconcile the financial accounting system to the job-cost system? N/A(no job-cost ledger used) x No.Please explain. will be doing it in the future. ❑Yes.If"Yes",how often?(Check all that applies.) ❑ Monthly ❑Quarterly ❑ Semiannually ❑ Annually 20. As an attachment please describe(narrative or flow chart)your process for approving,recording,and invoicing contract/project costs that meet applicable federal and State rules and regulations. labor hours are tracked on-line and imported into Quickbooks,monthly audits are performed and invoices are created. I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate. Scott Mears Prin ame t N e L_�Ll President 06/30/17 Signature Title Date Completed 4 APPENDIX E Designlab 252 Acitve Project List Status Account# Client Project Name A 08-06-003a Peter's Engineering Bardsley Ave A 10-08-001a Y and H T6025 Phi A 10-08-001b Y and H T6086(T6025 PH2) A 11-05-003A MTCo Vets GS A 11-05-0038 MTCo Vets IC A 11-05-003C MTCo Vets EXT A 12-05-003 MTCo Rte 58 Rosedale A 12-07-003 TRC Branciforte Creek Bridge A 12-12-001 Y and H Stanislaus Ave#2 A 12-12-003 TRC Alamitos Road Mitigation A 13-01-001a PEWS RAD Fresno A 13-01-001b PBWS RAD Orange Cove A 13-01-001c PEWS RAD Mendota A 13-01-002 Peter's Engineering Fowler Merced St Roundabout A 13-01-003 P and P SJRT Reach 1 A 13-02-002 Y and H Rte 180 Sanger A 13-03-003 TRC Plaza Landscape A 13-03-007A Y and H T6034 Ph 1 and 2 A 13-03-007B Y and H T6034 P113 A 13-04-002 Fresno COG Courthouse Park A 13-07-003 Evergreen Communities T5383 Royal Woods A 13-11-001 Y and H Sanger Faller Park A 13-11-002 Y and H Sanger Ped Trails A 14-01-001 TRC Murray Bridge A 14-01-002 Y and H Sanger Skate Park A 14-01-004 MTCo TOMF A 14-02-001 Y and H T6058 A 14-03-002 Peter's Engineering Tulare Ped Xing A 14-05-001 City of Fresno Sommerville Drive A 14-06-001 Y and H T6036 A 14-06-002 Peter's Engineering Reed Avenue A 14-06-003 P and P CRMC Courtyard A 14-06-004 P&P Los Banos-On Call A 14-07-002 Y and H Annadale Ave A 14-08-004 Y and H Lynch Residence A 14-10-002 City of Reedley Reedley Rails to Trails A 14-10-003 PEG Herndon Avenue A 14-11-001 Tulare Fire Station A 14-11-002 Chafee zoo Chaffee Zoo Tiger Exhibit A 14-11-004 Childrens Hospital A 14-12-001 Y&H Kerman SMLP A 15-01-002 TRC Veterans Trail A 15-01-005 Y&H Wathan Tract 5176 APPENDIX E Local Assistance Procedures Manual 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 Indirect Cost Rate for Consultant Contracts found at http://Www.dot.ca.govlhqlLocalProgram&IDLA—OBIDLA—OB.htm in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Miller-Pezzoni&Associates,Inc. Indirect Cost Rate: TBD * for fiscal period *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno-Department of Public Works Contract Number: TBD Project Number: TBD 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 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: 1,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$ TBD and the number of states in which the finn does business is 5 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: Page 1 of 2 APPENDIX E Local Assistance Procedures 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 1,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: Kevin Pezzoni Title: Vice President Consultant Certification Signature **• Kevin Pezzoni Date of Certification(mm/dd/yyyy): 7/3/2017 Consultant Contact Information: Email: kpezzoni@mpa-ee.com Phone number: 209-575-0312 **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),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR,Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related set-vices as a party to the contract. Therefore,subconsultants as parties of a contract must complete a certification and send originals to A&1 and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 7 PP tS-nI January 14.2015 APPENDIX E Local Assistance Procedures Manual 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 Indirect Cost Rate for Consultant Contracts found at hitp://www.dot.ca.gov/!iq/LocalPrograms/DL,A_OB/DL,, OB.him in lieu of thisfornL) Certification of Final Indirect Costs: Consultant Firm Name: Kleinfelder, Inc. Indirect Cost Rate: 17 4.4 6 W____ *for fiscal period April 1, 2015 - March 31, 2016 *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno Contract Number: TBD Project Number: N/A 1,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 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$ 5, 0 0 0, 0 0 0.0 0 and the number of states in which the firm does business is 5 0 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: Pagel of 2 LPP 15-01 January 14,2015 APPENDIX E Local Assistance Procedures 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 1,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. 3 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: Mark W. Connelly Title: Vice President Consultant Certification Signature Date of Certification(mm/dd/yyyy): June 30, 2017 Consultant Contact Information: Email: mconnelly@kleinfelder.com Phone number: 209.948.1345 **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. 111(b)(2)(B),Subconsul►ants must comply with the FAR Cost Principles contained in 48 CFR,Part 31. 13 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore,subconsultan►s as parties of a contract must complete a certification and send originals to AV and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 LPP 15-01 January 14,2015 APPENDIX E i 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 I of DLA-OB 13-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at http.-Ilwww.dot.ca.govlhqlLocalProgramvIDLA—OBIDLA—OB.htm in lieu of this form.) s Certification of Final Indirect Costs: Consultant Finn Name: BSK Associates Indirect Cost Rate: 206.31% * for fiscal period 01/01/2015 to 12/31/2015 *Fiscal period covered for Indirect Cost Rate developed(not the contract period). i Local Government: County of Fresno Contract Number: Project Number: 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 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: 1,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$1,168,825.00 and the number of states in which the firm does business is 5 Certification of Direct Costs: 1,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: APPENDIX E 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 1,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. Subeonsultants(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract): $ 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: Mike Vartanian Title: CFO Consultant Certification Signature **: Date of Certification(mm/dd/yyyy): 07/03/2017 Consultant Contact Information: Email: mvartanian(a bskassociates.com Phone number: (559)497-2880 **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),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR,Part 31. 23 CFR Part 172.3 Definitions suite:Consultant means the individual or firm providing engineering and design related services as a party to the contract. Therefore,subconsultants as parties of a contract must complete a certification and send originals to A&i and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files APPENDIX E Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Financial Management System EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (1Vote: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA-OB 13-07-Safe Harbor Indirect Cost Rate for Consultant Contracts found at http://www.dot.ca gov/hglEocalProgramsIDLA OB/DLA OB.htni in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: Aerial Photomapping Services Indirect Cost Rate: 145% * for fiscal period 01/01/16-01/01/17 *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno-Department of Public Works Contract Number: TBD Project Number: TBD 1,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 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: 1,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: 1,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 $10,000.00 and the number of states in which the firm 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: Page 1 of 2 r vn i c_nl T____-----,. - APPENDIX E Local Assistance Procedures 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 terns of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR,Chapter 1,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 Prime Consultants(if applicable) Proposed Total Contract Amount(or amount not to exceed if on-call contract): $ x Prime,list all subconsultants and proposed subcontract dollar amounts(attach additional page if necessary): Consultant Certifying(Print Name and Title): Name: Daniel Dietrich Title: President Consultant Certification Signature **: - — Date of Certification(mm/dd/yyyy): 07/05/2017 Consultant Contact Information: Email: dietrich@photomapping com Phone number: 559-291-0147 **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),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR,Part 31. 23 CFR Part 172.3 Definitions state:Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore,subconsultants as parties of a contract must complete a certification and send originals to A&J and keep copies in Local Agency Project Files. Distribution: 1)Original to Caltrans Audits and Investigations 2)Retained in Local Agency Project Files Page 2 of 2 LPP 15-01 January 14,2015 APPENDIX E Local assistance Procedur"Manual EXHIBITIO-K Consultant Certification of Contract Costs and Financial Managenient S)sleni ExmB)T 10-K CO.NSttl,'IA.'SI'CCR'I'IFICA'UION OF CONTRACYCOSIS AND FuNANCIAL ANAGE.mr NT.SYSTV.NI (A'Ote: If requesting to 1111fize the Soft,Harbor Indirect Cost Rate submil Attachment I of D1-4-0B 13-07-Safe Harbor ludireel Cost Rule:for Conssiftant Contracts forrud at 011,/DI-4 0B./tInt in flan ref thkfomi.) Cerlification of Final Indirect Costs: Consultant Firm Nallie: 1 <1 Indirect Cost Rate: 04-0 1-) D for fiscal period *Fiscal period covered for Indirect Cost Rate developed(not the contract period). Local Government: County of Fresno-DeP311111lent of Public Works Contract Numbiat: TBD Project Numbet: TBD 1.lite undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal p-eriodws specified above and to the lest 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 I ille 48, Code of Federal Regulations(CFR).P. 31. 2. This proposal does not include any costs%%hich 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 Cite firiWs omiership,organization.and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management Systems: 1.the undersigned.certify to the best of my knowledge and belief that our Financial Nlan3genient System elects 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 file extent applicable to Consultant. Certification of Dollar Amount for all ABC Contracts: 1.the undersigned,certify that the approximate dollar amount of all A&E coniruisauarded by Calurani or a California local agency to this firm,.%ilhin Cite last three(3)calendar years for all State D01'and Local Agencies is ID and the number of slates in which the firm does business is Certification of Direct Costs: 1.the undersigned.certify to the bast of ray knowledge and t%,Iicf that all direct costs identified oil the cost proposills)in this contract are reasonable.allowable and allocable to the contract in accordance%%ith the cost principles of the FAR of Title 48.CFR. Part 31. Allowable direct costs to Government conirut shall be: Page I, on UP 15.01 January 14,2015 APPENDIX E Local Assistance Procedures Manual 10-K Consultant Cerlifitalion of Contract Coils and Financial Management S�'.-teilt 1. Compliant with Generally Accepted Accounting Principles(GAAP)and standards promulgated by the Cost Accounting Standards Board(Ns licit applicable). 2. Compliant with file terms of file contract and is,incurred spccifically for the contract. 3. Not prohibited by 23 CM Chapter 1, Pan 172—Administration of Engineering and Design Related Service Contracts to the..extent requirements are applicable to Consultant. All costs must b-,applied consisterilkyand fairly to all contracts. All docurn.-oration of compliance must be retained in the project riles. Subconsultanis(if applicable) Proposed Contract Amount(or amount not to exceed if on-call contract)-. S Prime Consultants(if applicable) Proposed Total Contract Amount(or aniount not to exceed if on-call contract): S Prime,list all SUK-on-sultanis and Proposed subcontract dollar amounts taila;h additional Page if mectssaiy): ti Consultant Cenifyinc,,(Print Name and Title)-. Title: Consultant Certification Si nature Date of Certification(r11110ddly)yy): Consultant Contact Informlatioll: Eluail, 10 Ll /q, I'm I Phone nuillbel: **An individual exevotive or financial officer of file consultant's orgartization at a level no lower than a Vice President or Chief Financial Officcr.o.,equivalent, %%Ito lias authority to represent the firuncial information utilized to establish the Inditon Cost Rate proposal submitted in conjunction with the contract. rt' in 21 IW­7-,,J r,Ux-0 A;iat-,Pfk�:.:t H,-A� Page 2 of 2 111411 Is-of janvi",14,2015 APPENDIX F Fiscal Year 2017/2018 California Department of Transportation Debarment and Suspension Certification As required by U.S. DOT regulations on governmentwide Debarment and Suspension (Nonprocurement), 49 CFR 29.100: 1) The Applicant certifies, to the best of its knowledge and belief, that it and its contractors, subcontractors and subrecipients: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default. 2) The Applicant also certifies that, if Applicant later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to the State. 3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this certification, through those means available to Applicant, including the General Services Administration's Excluded Parties List System (EPLS), Applicant shall indicate so in its applications, or in the transmittal letter or message accompanying its annual certifications and assurances, and will provide a written explanation to the State. February 2017 APPENDIX F R DEPARTMENT OF TRANSPORTATION DEBARMENT AND SUSPENSION CERTIFICATION FISCAL YEAR 2017/2018 SIGNATURE PAGE In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Date Printed Name As the undersigned Attorney for the above named Applicant,I hereby affirm to the Applicant that it has the authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, these certifications and assurances have been legally made and constitute legal and binding obligations of the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances or of the performance of the described project. AFFIRMATION OF APPLICANT'S ATTORNEY For (Name of Applicant) Signature Date Printed Name of Applicant's Attorney February 2017 APPENDIX G Resolution No. 07-525 1 BEFORE THE BOARD OF SUPERVISORS 2 OF THE COUNTY OF FRESNO 3 STATE OF CALIFORNIA 4 No. 5 In the matter of ) 6 Amendment of Standard Conflict of ) Interest Code for All County ) 7 Departments ) s 9 Whereas, the Political Reform Act, Govemment Code section 81000 et seq., 10 requires state and local government agencies to adopt and promulgate conflict of interest 11 codes; and 12 Whereas, the Fair Political Practices Commission has adopted a regulation, Title 13 2, California Code of Regulations, section 18730, which contains the terms of a standard 14 conflict of interest code, and which may be amended by the Fair Political Practices 15 Commission after public notices and hearings to conform to amendments to the Political 16 Reform Act; and 17 Whereas, any local agency may incorporate this standard conflict of interest code, 1s and thereafter need not amend its code to conform to future amendments to the Political 79 Reform Act or its regulations; and 20 Whereas, the Board of Supervisors may adopt the standard conflict of interest 21 code on behalf of all County departments. 22 Now therefore be it resolved, that the terms of Title 2, California Code of 23 Regulations, section 18730, and any amendments to it duly adopted by the Fair Political 24 Practices Commission, are hereby incorporated by reference and, along with the Exhibits A 25 and B approved previously, today, or in the future, by this Board for each County 26 department, in which officers and employees are designated and disclosure categories are 27 set forth, constitute the conflict of interest codes of each County department. 28 COUNTY OF FRESNO Fieeno,CeUfornla 1 APPENDIX G 1 Conflict of interest forms shall be filed as follows: 2 1. As required by Government Code section 87500, subdivision(e), the County 3 Administrative Officer, District Attorney, County Counsel, and Auditor-Controller/Treasurer- 4 Tax Collector shall file one original of their statements with the County Clerk,who shall make 5 and retain a copy and forward the original to the Fair Political Practices Commission, which 6 shall be the filing officer. 7 2. As required by Government Code section 87500, subdivision 0), all other 8 department heads shall file one original of their statements with their departments. The filing 9 officer of each department shall make and retain a copy and forward the original to the Clerk 10 to the Board of Supervisors, who shall be the filing officer. 11 3. All other designated employees shall file one original of their statements 12 with their departments. 13 Adopted at a regular meeting of the Board of Supervisors, held on the 2nd day of 14 October, 2007, by the following vote, to wit: 15 Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston 16 Noes: None 17 Absent: None 18 19 20 Chairman, Board of Supervisors 21 22 Attest: 23 +o` 24 25 Clerk 26 i 27 i i 28 COUNTY OF FRESNO Fresno.Cali(ornla 2 Cro�nty of Prr<nn L APPENDIX G CERTIFICATE OF DELIVERY OF DOCUMENT j I am employed by the County of Fresno as a Deputy Clerk of the Board of Supervisors. On October 2, 2007, 1 delivered a copy of Resolution No. 07-525 to the Chairperson of the Fresno County Board of Supervisors. Aa AUW Gael Storm, Deputy Clerk APPENDIX G EXHIBIT "A" PUBLIC WORKS AND PLANNING Classification Category Accountant I / II 2 Architect 1 Assistant Real Property Agent 1 Associate Real Property Agent 1 Building Inspector I / II 1 Building Plans Engineer 1 Capital Projects Division Manager 1 Chief Building Inspector 1 Chief of Field Surveys 1 Community Development Manager 1 Consultant Deputy Director of Planning 1 Deputy Director of Public Works 1 Development Services Manager 1 Director of Public Works and Planning 1 Disposal Site Supervisor 2 Engineer I / II / III 1 Field Survey Supervisor 3 Housing Rehabilitation Specialist I / II 1 Information Technology Analyst I / II / III / IV 2 Planner I / II / III 1 Principal Accountant 1 . Principal Engineer 1 Principal Planner 1 Principal Staff Analyst 1 Public Works and Planning Business Manager 1 Public Works Division Engineer 1 Resources Manager 1 Road Maintenance Supervisor 2, 3 Road Superintendent 1 Senior Accountant 2 Senior Economic Development Analyst 1 Senior Engineer 1 Senior Engineering Technician 2 Senior Geologist 1 Senior Information Technology Analyst 2 Senior Planner 1 APPENDIX G Classification Category Senior Staff Analyst 1 Senior Systems and Procedures Analyst 2 Staff Analyst I / II / III ' 1 Supervising Accountant 2, 3 Supervising Building Inspector 1 Supervising Engineer 1 Supervising Water/Wastewater Specialist 2, 3 Systems and Procedures Analyst I / II / III 2 Systems and Procedures Manager 2 Traffic Maintenance Supervisor 2 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the 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. APPENDIX H Local Assistance Procedures Manual 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 of this 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. Pagel of 1 APPENDIX H Local Assistance Procedures Manual 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: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial N/A b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year_ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee N/A N/A Tier ,if known Congressional District,if known Congressional District,if known 6. Federal Department/Agency: 7. Federal Program Name/Description: N/A CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: N/A N/A 10. Name and Address of Lobby Entity 11. Individuals Performing Services (including (If individual,last name,first name,MI) address if different from No. I Oa) (last name,first name,MI) N/A (attach Continuation Sheet(s)if necessary) 12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply) $ ❑ actual ❑ planned a. retainer b. one-time fee 13. Form of Payment(check all that apply): c. commission 8 a. cash d. contingent fee b. in-kind;specify:nature a deferred Value f. other,specify 15. Brief Description of Services Performed or to be performed and Date(s)of Service,including offrcer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Continuation Sheet(s)if necessary) 16. Continuation Sheet(s)attached: Yes ❑ No 17.Information requested through this form is authorized by Title 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: /Av&'w4ig was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. print Name: Matthew W.Kemp.PE 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Vice President person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than 6/28/2017 $100,000 for each such failure. Telephone No.: (559)449-2700 Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.04-28-06 Distribution: Orig-Local Agency Project Files Page 1 APPENDIX H Local Assistance Procedures Manual 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. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts,subgrants,and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of the prime federal recipient. Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 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(MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the Iobbying entity (Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other,specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 16. Check whether or not a continuation sheet(s)is attached. 17. The certifying official shall sign and date the form,and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing 'instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503.SF- LLL-Instructions Rev.06-04 Page 2 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 tows "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).