HomeMy WebLinkAboutAgreement A-24-235 with Advanced Mobility Group.pdf 23-0897
Agreement No. 24-235
1 TRAFFIC SIGNAL TIMING CARD SERVICES
2 CONSULTANT AGREEMENT
3
4 THIS AGREEMENT for Traffic Signal Timing Card Consultant Services ("Agreement"), is
5 made and entered into this 21s' day of May , 2024 ("Effective Date") by and
6 between the County of Fresno, a political subdivision of the State of California ("County"); and
7 Advanced Mobility Group, a California corporation, whose address is 3003 Oak Road, Suite
8 100, Walnut Creek California 94597 ("Consultant").
9 Recitals
10 A. The County needs to retain the Consultant to provide On-Call Traffic Signal Timing Card
11 Services, including preparing new traffic control signal timing cards and updating existing ones
12 for the Department projects ("the Project").
13 B. The Department has selected the Consultant in accordance with the Ordinance Code of
14 the County of Fresno, Chapter 4.10, and in accordance with Chapter 10 of the California
15 Department of Transportation's (CALTRANS) Local Assistance Procedures Manual (LAPM), to
16 provide the traffic signal timing card services necessary for the Projects, as specified herein.
17 Article 1
18 Contractor's Services
19 1.1 Consultant shall provide the services enumerated in "Scope of Services," attached
20 as Exhibit A, and incorporated by this reference.
21 1.2 The Consultant's services shall be performed as expeditiously as is consistent with
22 professional skill and the orderly progress of the work, based on schedules for each specific
23 Project mutually agreed upon in advance by the County's Contract Administrator ("Contract
24 Administrator"), designated in Article 2 of this Agreement, and the Consultant, and at the rates
25 listed in Exhibit B.
26 1.3 Compliance with Laws. The Consultant shall, at its own cost, comply with all
27 applicable federal, state, and local laws and regulations in the performance of its obligations
28
1
1 under this Agreement, including but not limited to workers compensation, labor, and
2 confidentiality laws and regulations.
3 1.4 The Consultant's Project team staff shall be as listed in Exhibit B — Consultant Cost
4 Proposal, attached and incorporated by this reference. Any substitutions of personnel shall be
5 approved by the Contract Administrator, approval of which shall not be unreasonably withheld.
6 The Consultant shall notify the Contract Administrator of the names and classifications of
7 employees assigned to each specific Project, and shall not reassign such employees to other
8 projects of the Consultant without notification to and prior approval by the Contract
9 Administrator.
10 1.5 The individual listed below is designated as the Consultant's Project Manager for this
11 Agreement, and shall remain so unless the Consultant requests and the County's Director of
12 Public Works and Planning or his/her designee(s) ("Director") approves, in writing, a change of
13 the Consultant's Project Manager, approval of which shall not be unreasonably withheld:
14 Joy Bhattacharya, PE, PTOE, Vice President
15 3003 Oak Rd., Suite 100, Walnut Creek, CA 94597
16 IoV(a�amobility.com
17
18 Article 2
19 County's Responsibilities
20 2.1 County shall issue Task Orders on a project-by-project basis. Task Orders will at a
21 minimum include scope of work, and schedule for the Project (collectively, "Project Scope and
22 Schedule").
23 2.2 County shall provide the Consultant with a Project Scope and Schedule, and
24 compensate the Consultant as provided in this Agreement, and at the rates listed in Exhibit B.
25 2.3 County shall provide an individual Project Administrator to serve as a representative
26 of the County who will coordinate and communicate with the Consultant on all Project traffic
27 signal timing card work, to the extent appropriate, in an effort to facilitate the Consultant's
28 performance of its obligations in accordance with the provisions of this Agreement.
2
1 2.4 County shall examine documents submitted to the County by the Consultant and
2 timely render decisions pertaining to those documents.
3 2.5 County shall give reasonably prompt consideration to all matters submitted for
4 approval by the Consultant in an effort to assist the Consultant in avoiding any substantial
5 delays in the Consultant's program of work. An approval, authorization, or request to the
6 Consultant given by the County will be binding upon the County under the terms of this
7 Agreement only if it is made in writing and signed on behalf of the County by the Contract
8 Administrator.
9 2.6 County shall organize, attend, and participate in meetings with the Consultant and
10 other agencies as required.
11 2.7 County shall provide existing timing card and controller type at each of the existing
12 traffic control signal.
13 2.8 The County may provide available traffic data or information, as is available and
14 relevant for projects.
15 2.9 The County may provide the above listed data/information as requested by the
16 Consultant for use for this Agreement. Consultant shall make any such request four (4) weeks in
17 advance to allow County staff to set up the proper equipment. If the information is unavailable or
18 out of date, the County reserves the right to request that the Consultant obtain the
19 data/information independently.
20 2.10 The individual listed below is designated as the Contract Administrator for this
21 Agreement on behalf of the County, and shall remain so unless the Consultant is otherwise
22 notified in writing by the County's Director of Public Works and Planning or his/her designee(s)
23 ("Director"):
24 Erin Haagenson, Program Manager
25 2220 Tulare Street, 6th Floor, Fresno, CA 93721
26 559-388-7292
27 ehaagenson(@fresnocountyca.gov
28
3
1 Article 3
2 Compensation, Invoices, and Payments
3 3.1 The County agrees to pay, and the Consultant agrees to receive, compensation for
4 the performance of its services under this Agreement as described in this Article 3.
5 3.2 Maximum Compensation. The maximum compensation payable to the Consultant
6 for services provided pursuant to this Agreement is five hundred thousand dollars ($500,000.00)
7 over the entire term of the Agreement. The Consultant acknowledges that the County is a local
8 government entity and does so with notice that the County's powers are limited by the California
9 Constitution and by State law, and with notice that the Consultant may receive compensation
10 under this Agreement only for services performed according to the terms of this Agreement and
11 while this Agreement is in effect, and subject to the maximum amount payable under this
12 section. The Consultant further acknowledges that County employees have no authority to pay
13 the Consultant except as expressly provided in this Agreement.
14 3.3 Consultant Fee. The Consultant's Cost Proposal is attached as Exhibit B and
15 incorporated by this reference as though fully set forth herein. If there is any conflict between
16 the provisions set forth in the text of this Agreement and the provisions of Exhibit B, this
17 Agreement shall take precedence.
18 3.4 Invoices. The Contractor shall submit monthly invoices to
19 PWPBusinessOfficeCa)fresnocountyca.gov. The Contractor shall submit each invoice within 60
20 days after the month in which the Contractor performs services and in any case within 60 days
21 after the end of the term or termination of this Agreement. Invoices shall clearly identify the
22 Phase and Task of the work, the Notice to Proceed number and the date(s) on which the work
23 was performed, and shall be submitted with the documentation identified in Section 3.8.
24 3.5 Payment. Upon receipt of a proper invoice, the Contract Administrator will take a
25 maximum of ten (10)working days to review, approve, and submit it to the County Auditor-
26 Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be returned to the
27 Consultant for correction and resubmittal. Payment shall be issued to the Consultant within forty
28
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1 five (45) calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives the
2 approved invoice.
3 3.6 Retention. In addition to any amounts withheld under this Article 3, the Consultant
4 agrees that the County, at the discretion of the Contract Administrator, may withhold a five
5 percent (5%) retention from the earned compensation of the Consultant. If the Contract
6 Administrator determines that retention will not be withheld for a Project, the Contract
7 Administrator will so state that in writing prior to commencement of the Project by the
8 Consultant. The Contract Administrator will identify in writing prior to commencement of the
9 Project the Project-specific prerequisites (e.g. the successful completion of a Project phase)for
10 the release of retentions.
11 3.7 An unresolved dispute over a possible error or omission may cause the County to
12 withhold payment of the Consultant fees in the disputed amount.
13 3.8 Invoice Documentation. Concurrently with the invoices, the Consultant shall certify
14 (through copies of issued checks, receipts, or other County pre-approved documentation) that
15 complete payment, less a five percent (5%) retention, if applicable, has been made to all
16 subconsultants as provided herein for all previous invoices paid by the County.
17 3.9 Final invoices, and separate invoices for retentions, shall be submitted to Contract
18 Administrator no later than thirty (30) days after the phase is completed. Payment for retentions,
19 if any, shall not be made until all services for the phase are completed.
20 3.10 In the event the Director reduces the scope of the Consultant's work under the
21 Agreement for a specific Project (or discontinues a specific Project), whether due to a deficiency
22 in the appropriation of anticipated funding or otherwise, the Consultant will be compensated on
23 a pro rata basis for actual work completed and accepted by the Director in accordance with the
24 terms of the Agreement.
25 3.11 Incidental Expenses. The Consultant is solely responsible for all of its costs and
26 expenses that are not specified as payable by the County under this Agreement.
27 Article 4
28 Term of Agreement
5
1 4.1 Term. This Agreement is effective on the Effective Date, and terminates after a
2 period of three years, except as provided in section 4.2, "Extension," or Article 6, "Termination
3 and Suspension," below.
4 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
5 year periods only upon written approval of both parties at least 30 days before the first day of
6 the next one-year extension period. The Director, or his or her designee is authorized to sign the
7 written approval on behalf of the County based on the Consultant's satisfactory performance.
8 The extension of this Agreement by the County is not a waiver or compromise of any default or
9 breach of this Agreement by the Consultant existing at the time of the extension whether or not
10 known to the County.
11 Article 5
12 Notices
13 5.1 Contact Information. The persons and their addresses having authority to give
14 and receive notices provided for or permitted under this Agreement include the following:
15
For the County:
16 Erin Haagenson, Contract Administrator
County of Fresno
17 2220 Tulare Street, 6th Floor, Fresno, CA 93721
designconsultants(a)_fresnocountyca.gov
18
For the Contractor:
19 Joy Bhattacharya, Vice President
Advanced Mobility Group (AMG)
20 3003 Oak Rd., Suite 100, Walnut Creek, CA 94597
0oy(a amobility.com
21
5.2 Change of Contact Information. Either party may change the information in section
22
5.1 by giving notice as provided in section 5.3.
23
5.3 Method of Delivery. Each notice between the County and the Consultant provided
24
for or permitted under this Agreement must be in writing, state that it is a notice provided under
25
this Agreement, and be delivered either by personal service, by first-class United States mail, by
26
an overnight commercial courier service, or by Portable Document Format (PDF) document
27
attached to an email.
28
(A) A notice delivered by personal service is effective upon service to the recipient.
6
1 (B) A notice delivered by first-class United States mail is effective three County
2 business days after deposit in the United States mail, postage prepaid, addressed to the
3 recipient.
4 (C)A notice delivered by an overnight commercial courier service is effective one
5 County business day after deposit with the overnight commercial courier service,
6 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
7 the recipient.
8 (D)A notice delivered by PDF document attached to an email is effective when
9 transmission to the recipient is completed (but, if such transmission is completed outside
10 of County business hours, then such delivery is deemed to be effective at the next
11 beginning of a County business day), provided that the sender maintains a machine
12 record of the completed transmission.
13 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
14 nothing in this Agreement establishes, waives, or modifies any claims presentation
15 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
16 of Title 1 of the Government Code, beginning with section 810).
17
18 Article 6
19 Termination and Suspension
20 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
21 contingent on the approval of funds by the appropriating government agency. If sufficient funds
22 are not allocated, then the County, upon at least 30 days' advance written notice to the
23 Consultant, may:
24 (A) Modify the services provided by the Consultant under this Agreement; or
25 (B) Terminate this Agreement.
26 6.2 Termination for Breach.
27 (A) Upon determining that a breach (as defined in paragraph (C) below) has
28 occurred, the County may give written notice of the breach to the Consultant. The written
7
1 notice may suspend performance under this Agreement and must provide at least 30
2 days for the Consultant to cure the breach.
3 (B) If the Consultant fails to cure the breach to the County's satisfaction within the
4 time stated in the written notice, the County may terminate this Agreement immediately.
5 (C) For purposes of this section, a breach occurs when, in the determination of the
6 County, the Consultant has:
7 (1) Obtained or used funds illegally or improperly;
8 (2) Failed to comply with any part of this Agreement;
9 (3) Submitted a substantially incorrect or incomplete report to the County; or
10 (4) Improperly performed any of its obligations under this Agreement.
11 6.3 Termination without Cause. In circumstances other than those set forth above, the
12 County may terminate this Agreement by giving at least 30 days advance written notice to the
13 Consultant.
14 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
15 under this Article 6 is without penalty to or further obligation of the County.
16 6.5 County's Rights upon Termination. Upon termination for breach under this Article
17 6, the County may demand repayment by the Consultant of any monies disbursed to the
18 Consultant under this Agreement that, in the County's sole judgment, were not expended in
19 compliance with this Agreement. The Consultant shall promptly refund all such monies upon
20 demand. This section survives the termination of this Agreement.
21 Article 7
22 Independent Contractors
23 7.1 Status. In performing under this Agreement, the Consultant, including its officers,
24 agents, employees, and volunteers, is at all times acting and performing as an independent
25 Contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
26 venturer, partner, or associate of the County.
27 7.2 Benefits. Because of its status as an independent Consultant, the Consultant has no
28 right to employment rights or benefits available to County employees. The Consultant is solely
8
1 responsible for providing to its own employees all employee benefits required by law. The
2 Consultant shall save the County harmless from all matters relating to the payment of
3 Consultant's employees, including compliance with Social Security withholding and all related
4 regulations.
5 7.3 Services to Others. The parties acknowledge that, during the term of this
6 Agreement, the Consultant may provide services to others unrelated to the County.
7 Article 8
8 Indemnity and Defense
9 8.1 Indemnity. The Consultant shall indemnify and hold harmless and defend the
10 County (including its officers, agents, employees, and volunteers) against all claims, demands,
11 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
12 liabilities of any kind to the County, the Consultant, or any third party that arise from or relate to
13 the performance or failure to perform by the Consultant (or any of its officers, agents,
14 Subconsultants, or employees) under this Agreement. The County may conduct or participate in
15 its own defense without affecting the Consultant's obligation to indemnify and hold harmless or
16 defend the County.
17 8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.
18 Article 9
19 Insurance Requirements
20 9.1 The Consultant shall comply with all the insurance requirements in Exhibit C to this
21 Agreement.
22
Article 10
23
Cost Principles and Administrative Requirements
24
10.1 The Consultant agrees that 48 CFR 31, Contract Cost Principles and Procedures,
25
shall be used to determine the allowability of individual terms of cost.
26
10.2 The Consultant also agrees to comply with Federal procedures in accordance with 2
27
CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
28
Federal Awards.
9
1 10.3 Any costs for which payment has been made to the Consultant that are determined
2 by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to
3 repayment by the Consultant to Local Agency.
4 10.4 When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of
5 Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative
6 Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
7
Article 11
8
Inspections, Audits, and Public Records
9 11.1 Inspection of Documents. The Consultant shall make available to the County, and
10
the County may examine at any time during business hours and as often as the County deems
11
necessary, all of the Consultant's records and data with respect to the matters covered by this
12
Agreement, excluding attorney-client privileged communications. The Consultant shall, upon
13 request b q y the County, permit the County to audit and inspect all of such records and data to
14
ensure the Consultant's compliance with the terms of this Agreement.
15
11.2 State Audit Requirements. If the compensation to be paid by the County under this
16
Agreement exceeds $10,000, the Consultant is subject to the examination and audit of the
17
California State Auditor, as provided in Government Code section 8546.7, for a period of three
18
years after final payment under this Agreement. This section survives the termination of this
19
Agreement.
20
11.3 Public Records. The County is not limited in any manner with respect to its public
21
disclosure of this Agreement or any record or data that the Consultant may provide to the
22
County. The County's public disclosure of this Agreement or any record or data that the
23
Consultant may provide to the County may include but is not limited to the following:
24
(A) The County may voluntarily, or upon request by any member of the public or
25
governmental agency, disclose this Agreement to the public or such governmental
26
agency.
27
(B) The County may voluntarily, or upon request by any member of the public or
28
governmental agency, disclose to the public or such governmental agency any record or
10
1 data that the Consultant may provide to the County, unless such disclosure is prohibited
2 by court order.
3 (C)This Agreement, and any record or data that the Consultant may provide to the
4 County, is subject to public disclosure under the Ralph M. Brown Act (California
5 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
6 (D)This Agreement, and any record or data that the Consultant may provide to the
7 County, is subject to public disclosure as a public record under the California Public
8 Records Act (California Government Code, Title 1, Division 10, beginning with section
9 7920.000) ("CPRA").
10 (E) This Agreement, and any record or data that the Consultant may provide to the
11 County, is subject to public disclosure as information concerning the conduct of the
12 people's business of the State of California under California Constitution, Article 1,
13 section 3, subdivision (b).
14 (F) Any marking of confidentiality or restricted access upon or otherwise made with
15 respect to any record or data that the Consultant may provide to the County shall be
16 disregarded and have no effect on the County's right or duty to disclose to the public or
17 governmental agency any such record or data.
18 11.4 Public Records Act Requests. If the County receives a written or oral request
19 under the CPRA to publicly disclose any record that is in the Consultant's possession or control,
20 and which the County has a right, under any provision of this Agreement or applicable law, to
21 possess or control, then the County may demand, in writing, that the Consultant deliver to the
22 County, for purposes of public disclosure, the requested records that may be in the possession
23 or control of the Consultant. Within five business days after the County's demand, the
24 Consultant shall (a) deliver to the County all of the requested records that are in the
25 Consultant's possession or control, together with a written statement that the Consultant, after
26 conducting a diligent search, has produced all requested records that are in the Consultant's
27 possession or control, or (b) provide to the County a written statement that the Consultant, after
28 conducting a diligent search, does not possess or control any of the requested records. The
11
1 Consultant shall cooperate with the County with respect to any County demand for such
2 records. If the Consultant wishes to assert that any specific record or data is exempt from
3 disclosure under the CPRA or other applicable law, it must deliver the record or data to the
4 County and assert the exemption by citation to specific legal authority within the written
5 statement that it provides to the County under this section. The Consultant's assertion of any
6 exemption from disclosure is not binding on the County, but the County will give at least 10
7 days' advance written notice to the Consultant before disclosing any record subject to the
8 Consultant's assertion of exemption from disclosure. The Consultant shall indemnify the County
9 for any court-ordered award of costs or attorney's fees under the CPRA that results from the
10 Consultant's delay, claim of exemption, failure to produce any such records, or failure to
11 cooperate with the County with respect to any County demand for any such records.
12 Article 12
13 Disclosure of Self-Dealing Transactions
14 12.1 Applicability. This Article 11 applies if the Consultant is operating as a corporation
15 or changes its status to operate as a corporation.
16 12.2 Duty to Disclose. If any member of the Consultant's Board of Directors is party to a
17 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
18 "Self-Dealing Transaction Disclosure Form" (Exhibit D to this Agreement) and submitting it to
19 the County before commencing the transaction or immediately after.
20 12.3 Definition. "Self-dealing transaction" means a transaction to which the Consultant is
21 a party and in which one or more of its directors, as an individual, has a material financial
22 interest.
23 Article 13
24 General Terms
25 13.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
26 Agreement may not be modified, and no waiver is effective, except by written agreement signed
27 by both parties. The Consultant acknowledges that County employees have no authority to
28 modify this Agreement except as expressly provided in this Agreement.
12
1 13.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
2 under this Agreement without the prior written consent of the other party.
3 13.3 Governing Law. The laws of the State of California govern all matters arising from
4 or related to this Agreement.
5 13.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
6 County, California. Consultant consents to California jurisdiction for actions arising from or
7 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
8 brought and maintained in Fresno County.
9 13.5 Construction. The final form of this Agreement is the result of the parties' combined
10 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
11 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
12 against either party.
13 13.6 Days. Unless otherwise specified, "days" means calendar days.
14 13.7 Headings. The headings and section titles in this Agreement are for convenience
15 only and are not part of this Agreement.
16 13.8 Severability. If anything in this Agreement is found by a court of competent
17 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
18 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
19 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
20 intent.
21 13.9 Nondiscrimination. During the performance of this Agreement, the Consultant shall
22 not unlawfully discriminate against any employee or applicant for employment, or recipient of
23 services, because of race, religious creed, color, national origin, ancestry, physical disability,
24 mental disability, medical condition, genetic information, marital status, sex, gender, gender
25 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
26 all applicable State of California and federal statutes and regulation.
27 13.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
28 of the Consultant under this Agreement on any one or more occasions is not a waiver of
13
1 performance of any continuing or other obligation of the Consultant and does not prohibit
2 enforcement by the County of any obligation on any other occasion.
3 13.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
4 between the Consultant and the County with respect to the subject matter of this Agreement,
5 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
6 publications, and understandings of any nature unless those things are expressly included in
7 this Agreement. If there is any inconsistency between the terms of this Agreement without its
8 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
9 precedence first to the terms of this Agreement without its appendences, and then to the terms
10 of the exhibits.
11 13.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
12 create any rights or obligations for any person or entity except for the parties.
13 13.13 Binding Upon Successors. This Agreement shall be binding upon and inure to the
14 benefit of the parties and their respective successors in interest, assigns, legal representatives,
15 and heirs.
16 13.14 Authorized Signature. The Consultant represents and warrants to the County that:
17 (A) The Consultant is duly authorized and empowered to sign and perform its
18 obligations under this Agreement.
19 (B) The individual signing this Agreement on behalf of the Consultant is duly
20 authorized to do so and his or her signature on this Agreement legally binds the
21 Consultant to the terms of this Agreement.
22 13.15 Electronic Signatures. The parties agree that this Agreement may be executed by
23 electronic signature as provided in this section.
24 (A) An "electronic signature" means any symbol or process intended by an individual
25 signing this Agreement to represent their signature, including but not limited to
26 (1) a digital signature; or
27 (2) an electronically scanned and transmitted (for example by PDF document)
28 version of an original handwritten signature.
14
1 (B) Each electronic signature affixed or attached to this Agreement
2 (1) is deemed equivalent to a valid original handwritten signature of the person
3 signing this Agreement for all purposes, including but not limited to evidentiary proof
4 in any administrative or judicial proceeding, and
5 (2) has the same force and effect as the valid original handwritten signature of
6 that person.
7 (C)The provisions of this section satisfy the requirements of Civil Code section
8 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
9 Part 2, Title 2.5, beginning with section 1633.1).
10 (D) Each party using a digital signature represents that it has undertaken and
11 satisfied the requirements of Government Code section 16.5, subdivision (a),
12 paragraphs (1) through (5), and agrees that each other party may rely upon that
13 representation.
14 (E) This Agreement is not conditioned upon the parties conducting the transactions
15 under it by electronic means and either party may sign this Agreement with an original
16 handwritten signature.
17 13.16 Counterparts. This Agreement may be signed in counterparts, each of which is an
18 original, and all of which together constitute this Agreement.
19 Article 14
20 Subconsultants
21 14.1 The Consultant may retain, as subconsultants, specialists in such disciplines as the
22 Consultant requires to assist in completing the work. All subconsultants used by the Consultant
23 shall be approved in writing by the Contract Administrator before they are retained by the
24 Consultant, approval of which shall not be unreasonably withheld. The subconsultants listed in
25 Exhibit B, titled, "Consultant Proposal' attached hereto and incorporated herein, shall be
26 considered as approved by the Contract Administrator. The maximum amount of compensation
27 to be paid to the Consultant under Article 3 "Compensation, Allowable Costs and Payments"
28 shall not be increased by any addition or substitution of subconsultants.
15
1 14.2 The Consultant shall be as fully responsible to the County for the negligent acts and
2 omissions of its contractors and subcontractors or subconsultants, and of persons either directly
3 or indirectly employed by them, in the same manner as persons directly employed by the
4 Consultant.
5 14.3 Nothing contained in this Agreement shall create any contractual relationship
6 between the County and any of the Consultant's subconsultants, and no subconsultant
7 agreement shall relieve the Consultant of any of its responsibilities and obligations hereunder.
8 The Consultant agrees to be as fully responsible to the County for the acts and omissions of its
9 subconsultants and of persons either directly or indirectly employed by any of them as it is for
10 the acts and omissions of persons directly employed by the Consultant. The Consultant's
11 obligation to pay its subconsultants is a separate and independent obligation that is entirely
12 unrelated to the County's obligation to make payments to the Consultant.
13 14.4 The Consultant shall perform the work contemplated with resources available within
14 its own organization; and no portion of the work pertinent to this agreement shall be
15 subcontracted without prior written authorization by the Contract Administrator, excepting only
16 those portions of the work and the responsible subconsultants that are expressly identified in
17 Exhibit B.
18 14.5 Any subcontract in excess of$25,000 entered into as a result of this Agreement shall
19 contain all the provisions stipulated in this Agreement to be applicable to subcontractors.
20 14.6 The Consultant shall pay its subconsultants within fifteen (15) calendar days from
21 receipt of each progress payment made to the Consultant by the County.
22 14.7 Any substitution of subconsultant(s) must be approved in writing by the Contract
23 Administrator in advance of assigning work to a substitute Subconsultant.
24 Article 15
25 Conflict Of Interest
26 15.1 The Consultant shall comply with the provisions of the Fresno County Department of
27 Public Works and Planning Conflict of Interest Code, attached as Exhibit E and incorporated by
28 this reference. Such compliance shall include the filing of annual statements pursuant to the
16
1 regulations of the State Fair Political Practices Commission including, but not limited to, portions
2 of Form 700.
3 15.2 During the term of this Agreement, the Consultant shall disclose any financial,
4 business, or other relationship with the County that may have an impact upon the outcome of
5 this Agreement, or any ensuing County construction project. The Consultant shall also list
6 current clients who may have a financial interest in the outcome of this Agreement, or any
7 ensuing County construction project, which will follow.
8 15.3 The Consultant certifies that it has disclosed to the County any actual, apparent, or
9 potential conflicts of interest that may exist relative to the services to be provided pursuant to
10 this Agreement. The Consultant agrees to advise the County of any actual, apparent or potential
11 conflicts of interest that may develop subsequent to the date of execution of this Agreement.
12 The Consultant further agrees to complete any statements of economic interest if required by
13 either County ordinance or State law.
14 15.4 The Consultant hereby certifies that it does not now have, nor shall it acquire any
15 financial or business interest that would conflict with the performance of services under this
16 Agreement.
17 15.5 The Consultant hereby certifies that the Consultant or subconsultant and any firm
18 affiliated with the Consultant or subconsultant that bids on any construction contract or on any
19 Agreement to provide construction inspection for any construction project resulting from this
20 Agreement has established necessary controls to ensure a conflict of interest does not exist. An
21 affiliated firm is one, which is subject to the control of the same persons, through joint ownership
22 or otherwise.
23 15.6 The Consultant and subconsultants used pursuant to this Agreement shall not submit
24 bids, or sub-bids, for the contract construction phase of the Project(s) assigned to the
25 Consultant. The Consultant and its subconsultants, and all other service providers, shall not
26 provide any Project-related services for, or receive any Project-related compensation from any
27 construction contractor, subcontractor or service provider awarded a construction contract
28 ("contractor") for all or any portion of the Project(s) for which the Consultant provides services
17
1 hereunder. The Consultant and its subconsultants, and all other service providers, may provide
2 services for, and receive compensation from a contractor who has been awarded a construction
3 contract for all or any portion of the Project(s), provided that any such services which are
4 rendered, and any compensation which is received therefor, relates to work outside the scope of
5 the Agreement and does not pose a conflict of interest.
6 15.7 Except for subconsultants or subcontractors whose services are limited to providing
7 surveying or materials testing information, no subcontractor who has provided design services
8 in connection with this Agreement shall be eligible to bid on any construction contract, or on any
9 contract to provide construction inspection for any construction project resulting from this
10 Agreement; provided, however, that this shall not be construed as disallowing subcontractors
11 who have provided design services for the Project from performing, pursuant to this Agreement
12 or other agreement with the County, construction inspection services on behalf of the County for
13 the Project.
14 Article 16
15 Errors or Omissions Claims and Disputes
16 16.1 Definitions:
17 (A) "Consultant" is a duly licensed Architect or Engineer, or other provider of
18 professional services, acting as a business entity (owner, partnership, corporation, joint
19 venture or other business association) in accordance with the terms of an agreement
20 with the County.
21 (B) "Claim" is a demand or assertion by one of the parties seeking, as a matter of
22 right, adjustment or interpretation of contract terms, payment of money, extension of
23 time, change orders, or other relief with respect to the terms of the contract. The term
24 "Claim" also includes other disputes and matters in question between the County and
25 the Consultant arising out of or relating to the contract. Claims must be made by written
26 notice. The provisions of Government Code section 901, et seq., shall apply to every
27 claim made to the County. The responsibility to substantiate claims shall rest with the
28 party making the claim. The term "Claim" also includes any allegation of an error or
18
1 omission by the Consultant.
2 16.2 Should the Director believe the Consultant's work under this Agreement to have
3 included negligent errors or omissions, or that the Consultant may otherwise have failed to
4 comply with the provisions of this Agreement, either generally or in connection with its duties as
5 associated with a particular Project and that the cause(s) for a claim by the construction
6 Consultant may be attributable, in whole or in part, to such conduct on the part of the
7 Consultant. Upon notice by the Director, the payments to the Consultant for such arguably
8 deficient services shall be held in suspense by the County until a final determination has been
9 made of the proportion that the Consultant's fault bears to the fault of all other parties
10 concerned.
11 (A) Such amounts held in suspense shall not be paid to the Consultant, pending the
12 final determination as to the Consultant's proportional fault. However, the appropriate
13 percentage of such amount held in suspense shall be paid to the Consultant, once a
14 final determination has been made, and the Consultant thereafter submits a proper
15 invoice to the County. Payment shall be issued in accordance with the procedure
16 outlined in Article 3 "Compensation, Invoices, and Payments", Section 3.4.
17 16.3 In the spirit of cooperation between the County and the Consultant, the following
18 procedures are established in the event of any claim or dispute alleging a negligent error, act, or
19 omission, of the Consultant.
20 (A) Claims, disputes or other matters in question between the parties, arising out of
21 or relating to this Agreement, shall not be subject to arbitration, but shall be subject to
22 the following procedures.
23 (B) The County and the Consultant shall meet and confer and attempt to reach
24 agreement on any dispute, including what damages have occurred, the measure of
25 damages and what proportion of damages, if any, shall be paid by either party. The
26 parties agree to consult and consider the use of mediation or other form of dispute
27 resolution prior to resorting to litigation.
28
19
1 16.4 If the County and the Consultant cannot reach agreement under Section 16.3
2 subsection B, the disputed issues may, upon concurrence by all parties, be submitted to a panel
3 of three (3) for a recommended resolution. The Consultant and the County shall each select one
4 (1) member of the panel, and the third member shall be selected by the other two panel
5 members. The discovery rights provided by California Code of Civil Procedure for civil
6 proceedings shall be available and enforceable to resolve the disputed issues. Either party
7 requesting this dispute resolution process shall, when invoking the rights to this panel, give to
8 the other party a notice describing the claims, disputes and other matters in question. Prior to
9 twenty (20) working days before the initial meeting of the panel, both parties shall submit all
10 documents such party intends to rely upon to resolve such dispute. If it is determined by the
11 panel that any party has relied on such documentation but has failed to previously submit such
12 documentation on a timely basis to the other party, the other party shall be entitled to a 20-
13 working-day continuance of such initial meeting of the panel. The decision by the panel is not a
14 condition precedent to arbitration, mediation or litigation.
15 16.5 Upon receipt of the panel's recommended resolution of the disputed issue(s), the
16 County and the Consultant shall again meet and confer and attempt to reach agreement. If the
17 parties still are unable to reach agreement, each party shall have recourse to all appropriate
18 legal and equitable remedies.
19 (A) The procedures to be followed in the resolution of claims and disputes may be
20 modified any time by mutual agreement of the parties hereto.
21 (B) The Consultant shall continue to perform its obligations under this Agreement
22 pending resolution of any dispute, and the County shall continue to make payments of all
23 undisputed amounts due under this Agreement.
24 (C)When a claim by either party has been made alleging the Consultant's negligent
25 error, act, or omission, the County and the Consultant shall meet and confer within
26 twenty-one (21) working days after the written notice of the claim has been provided.
27 Article 17
28 Ownership of Data
20
1 17.1 All documents, including preliminary documents, calculations, and survey data,
2 required in performing services under this Agreement shall be submitted to, and shall remain at
3 all times the property of the County, regardless of whether they are in the possession of the
4 Consultant or any other person, firm, corporation or agency.
5 17.2 The Consultant understands and agrees the County shall retain full ownership rights
6 of the work product of the Consultant for the Project, to the fullest extent permitted by law. In
7 this regard, the Consultant acknowledges and agrees the Consultant's services are on behalf of
8 the County and are "works made for hire," as that term is defined in copyright law, by the
9 County; that the work product to be prepared by the Consultant is for the sole and exclusive use
10 of the County, and that the County shall be the sole owner of all patents, copyrights,
11 trademarks, trade secrets and other rights and contractual interests in connection therewith
12 which are developed and compensated solely under this Agreement; that all the rights, title and
13 interest in and to the work product will be transferred to the County by the Consultant to the
14 extent the Consultant has an interest in and authority to convey such rights; and the Consultant
15 will assist the County to obtain and enforce patents, copyrights, trademarks, trade secrets, and
16 other rights and contractual interests relating to said work product, free and clear of any claim
17 by the Consultant or anyone claiming any right through the Consultant. The Consultant further
18 acknowledges and agrees the County's ownership rights in such work product shall apply
19 regardless of whether such work product, or any copies thereof, are in possession of the
20 Consultant, or any other person, firm, corporation, or entity. For purposes of this Agreement, the
21 term "work product" shall mean all reports and study findings commissioned, either alone or
22 jointly with others, that result from the tasks assigned to the Consultant by the County under this
23 Agreement.
24 17.3 If this Agreement is terminated during or at the completion of any phase under Article
25 6, electronic and reproducible copies of report(s) or preliminary documents shall be submitted
26 by the Consultant to the County, which may use them to complete the Project(s) at a future
27 time.
28
21
1 17.4 Documents, including drawings and specifications, prepared by the Consultant
2 pursuant to this Agreement are intended to be suitable for reuse by the County or others on
3 extensions of the services provided for Project. Any use of completed documents for projects
4 other than Project(s) and/or any use of uncompleted documents will be at the County's sole risk
5 and without liability or legal exposure to the Consultant.
6 17.5 The electronic files provided by the Consultant to the County are submitted for an
7 acceptance period lasting until the expiration of this Agreement (i.e., throughout the duration of
8 the Agreement term, including any extensions). Any defects the County discovers during such
9 acceptance period will be reported to the Consultant and will be corrected as part of the
10 Consultant's "Basic Scope of Work."
11 17.6 The Consultant shall not be liable for claims, liabilities or losses arising out of, or
12 connected with (1) the modification or misuse by the County or anyone authorized by the
13 County, of such CAD data, or (2) decline of accuracy or readability of CAD data due to
14 inappropriate storage conditions or duration or (3) any use by the County, or anyone authorized
15 by the County, of such CAD data or other Project documentation for additions to the Project for
16 the completion of the Project by others, or for other projects except to the extent that said use
17 may be expressly authorized, in writing, by the Consultant.
18 17.7 The County, in the discretion of its Board of Supervisors, may permit the copyrighting
19 of reports or other products. If copyrights are permitted, the Consultant hereby agrees and this
20 Agreement shall be deemed to provide that the Federal Highway Administration shall have the
21 royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to
22 authorize others to use, the work for government purposes.
23 Article 18
24 State Prevailing Wage Rates
25 18.1 No Consultant or Subconsultant may be awarded an Agreement containing public
26 work elements unless registered with the Department of Industrial Relations (DIR) pursuant to
27 Labor Code §1725.5. Registration with DI must be maintained throughout the entire term of
28 this Agreement, including any subsequent amendments.
22
1 18.2 The Consultant shall comply with all of the applicable provisions of the California
2 Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate
3 Determinations applicable to work under this Agreement are available from the Department of
4 Industrial Relations website http://www.dir.ca.gov. These wage rates are made a specific part of
5 this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work
6 performed at a construction project site. Prevailing wages will be applicable to all inspection
7 work performed at County construction sites, at County facilities and at off-site locations that are
8 set up by the construction contractor or one of its subcontractors solely and specifically to serve
9 County projects. Prevailing wage requirements do not apply to inspection work performed at the
10 facilities of vendors and commercial materials suppliers that provide goods and services to the
11 general public.
12 18.3 Payroll Records: Each Consultant and Subconsultant shall keep accurate certified
13 payroll records and supporting documents as mandated by Labor Code §1776 and as defined in
14 8 CCR §16000 showing the name, address, social security number, work classification, straight
15 time and overtime hours worked each day and week, and the actual per diem wages paid to
16 each journeyman, apprentice, worker, or other employee employed by the Consultant or
17 Subconsultant in connection with the public work. Each payroll record shall contain or be
18 verified by a written declaration that it is made under penalty of perjury, stating both of the
19 following:
20 a. The information contained in the payroll record is true and correct.
21 b. The employer has complied with the requirements of Labor Code §1771, §1811, and
22 §1815 for any work performed by his or her employees on the public works project.
23 18.4 The payroll records enumerated under Section 18.3 shall be certified as correct by
24 the Consultant under penalty of perjury. The payroll records and all supporting documents shall
25 be made available for inspection and copying by County representatives at all reasonable hours
26 at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls
27 or permit inspection of its records as follows:
28
23
1 a. A certified copy of an employee's payroll record shall be made available for inspection
2 or furnished to the employee or the employee's authorized representative on request.
3 b. A certified copy of all payroll records enumerated in Section 18.3 shall be made
4 available for inspection or furnished upon request to a representative of the County,
5 the Division of Labor Standards Enforcement and the Division of Apprenticeship
6 Standards of the Department of Industrial Relations. Certified payrolls submitted to
7 the County, the Division of Labor Standards Enforcement and the Division of
8 Apprenticeship Standards shall not be altered or obliterated by the Consultant.
9 c. The public shall not be given access to certified payroll records by the Consultant.
10 The Consultant is required to forward any requests for certified payrolls to the County
11 Contract Administrator by both email and regular mail on the business day following
12 receipt of the request.
13 18.5 Each Consultant shall submit a certified copy of the records enumerated in Section
14 18.3 to the entity that requested the records within ten (10) calendar days after receipt of a
15 written request.
16 18.6 Any copy of records made available for inspection as copies and furnished upon
17 request to the public or any public agency by the County shall be marked or obliterated in such
18 a manner as to prevent disclosure of each individual's name, address, and social security
19 number. The name and address of the Consultant or Subconsultant performing the work shall
20 not be marked or obliterated.
21 18.7 The Consultant shall inform the County of the location of the records enumerated
22 under Section 18.3, including the street address, city and county, and shall, within five (5)
23 working days, provide a notice of a change of location and address.
24 18.8 The Consultant or Subconsultant shall have ten (10) calendar days in which to
25 comply subsequent to receipt of written notice requesting the records enumerated in Section
26 18.3. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period,
27 they shall, as a penalty to the County, forfeit one hundred dollars ($100) for each calendar day,
28 or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be
24
1 withheld by the County from payments then due. The Consultant is not subject to a penalty
2 assessment pursuant to this section due to the failure of a Subconsultant to comply with this
3 section.
4 18.9 When prevailing wage rates apply, the Consultant is responsible for verifying
5 compliance with certified payroll requirements. Invoice payment will not be made until the
6 invoice is approved by the County Contract Administrator.
7 18.10 Penalty: The Consultant and any of its Subconsultants shall comply with Labor Code
8 §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall
9 forfeit to the County a penalty of not more than two hundred dollars ($200)for each calendar
10 day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
11 Director of DIR for the work or craft in which the worker is employed for any public work done
12 under the Agreement by the Consultant or by its Subconsultant in violation of the requirements
13 of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
14 18.11 The amount of this forfeiture shall be determined by the Labor Commissioner and
15 shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or
16 Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the
17 Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the
18 willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A
19 mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not
20 excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor
21 Code. The Consultant is responsible for paying the appropriate rate, including any escalations
22 that take place during the term of the Agreement.
23 18.12 In addition to the penalty and pursuant to Labor Code §1775, the difference between
24 the prevailing wage rates and the amount paid to each worker for each calendar day or portion
25 thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
26 worker by the Consultant or Subconsultant.
27 18.13 If a worker employed by a Subconsultant on a public works project is not paid the
28 general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is
25
1 not liable for the penalties described above unless the prime Consultant had knowledge of that
2 failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or
3 unless the prime Consultant fails to comply with all of the following requirements:
4 18.14 The Agreement executed between the Consultant and the Subconsultant for the
5 performance of work on public works projects shall include a copy of the requirements in Labor
6 Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
7 18.15 The Consultant shall monitor the payment of the specified general prevailing rate of
8 per diem wages by the Subconsultant to the employees by periodic review of the certified
9 payroll records of the Subconsultant.
10 18.16 Upon becoming aware of the Subconsultant's failure to pay the specified prevailing
11 rate of wages to the Subconsultant's workers, the Consultant shall diligently take corrective
12 action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the
13 Subconsultant for work performed on the public works project.
14 18.17 Prior to making final payment to the Subconsultant for work performed on the public
15 works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the
16 Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem
17 wages to the Subconsultant's employees on the public works project and any amounts due
18 pursuant to Labor Code §1813.
19 18.18 Pursuant to Labor Code §1775, the County shall notify the Consultant on a public
20 works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has
21 failed to pay workers the general prevailing rate of per diem wages.
22 18.19 If the County determines that employees of a Subconsultant were not paid the
23 general prevailing rate of per diem wages and if the County did not retain sufficient money
24 under the Agreement to pay those employees the balance of wages owed under the general
25 prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the
26 Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if
27 requested by the County.
28
26
1 18.20 Hours of Labor: Eight (8) hours labor constitutes a legal day's work. The Consultant
2 shall forfeit, as a penalty to the County, twenty-five dollars ($25) for each worker employed in
3 the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar
4 day during which such worker is required or permitted to work more than eight (8) hours in any
5 one calendar day and forty (40) hours in any one calendar week in violation of the provisions of
6 the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed
7 by employees in excess of eight (8) hours per day, and forty (40) hours during any one week,
8 shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day
9 and forty (40) hours in any week, at not less than one and one half(1.5) times the basic rate of
10 pay, as provided in §1815.
11 18.21 Employment of Apprentices: Where either the prime Agreement or the subconsultant
12 agreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants
13 under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6
14 and 1777.7 in the employment of apprentices.
15 18.22 Consultant and all subconsultants are required to comply with all Labor Code
16 requirements regarding the employment of apprentices, including mandatory ratios of journey
17 level to apprentice workers. Prior to commencement of work, the Consultant and subconsultants
18 are advised to contact the DIR Division of Apprenticeship Standards website at
19 https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices
20 and for the specific journey-to-apprentice ratios for the Agreement work. The Consultant is
21 responsible for all subconsultants' compliance with these requirements. Penalties are specified
22 in Labor Code §1777.7.
23 Article 19
24 Rebates, Kickbacks or Other Unlawful Consideration
25 19.1 The Consultant warrants that this Agreement was not obtained or secured through
26 rebates, kickbacks or other unlawful consideration, either promised or paid to any County
27 employee. For breach or violation of this warranty, the County shall have the right, in its
28 discretion, to terminate this Agreement without liability; or to pay only for the value of the work
27
1 actually performed; or to deduct from this Agreement price or otherwise recover the full amount
2 of such rebate, kickback or other unlawful consideration.
3 Article 20
4 Prohibition of Expending County State or Federal Funds for Lobbying
5 20.1 The Consultant certifies (Exhibit F) to the best of his or her knowledge and belief
6 that:
7 20.2 No state, federal or County appropriated funds have been paid, or will be paid by or
8 on behalf of the Consultant to any person for influencing or attempting to influence an officer or
9 employee of any state or federal agency; a Member of the State Legislature or United States
10 Congress; an officer or employee of the Legislature or Congress; or any employee of a Member
11 of the Legislature or Congress, in connection with any of the following:
12 (A) the awarding of any state or federal contract;
13 (B) the making of any state or federal grant;
14 (C) the making of any state or federal loan;
15 (D) the entering into of any cooperative agreement, or
16 (E) the extension, continuation, renewal, amendment, or modification of any state
17 or federal contract, grant, loan, or cooperative agreement.
18 20.3 If any funds other than federally appropriated funds have been paid, or will be paid to
19 any person for influencing or attempting to influence an officer or employee of any federal
20 agency; a Member of Congress; an officer or employee of Congress, or an employee of a
21 Member of Congress; in connection with this federal contract, grant, loan, or cooperative
22 agreement, then the Consultant shall complete and submit Standard Form-LLL, "Disclosure
23 Form to Report Lobbying" (Exhibit F), in accordance with its instructions.
24 20.4 The certification required by the provisions of this Article 20 is a material
25 representation of fact upon which reliance was placed when this transaction was made or
26 entered into. Submission of this certification is a prerequisite for making or entering into this
27 transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file the
28
28
1 required certification shall be subject to a civil penalty of not less than $10,000 and not more
2 than $100,000 for each such failure.
3 20.5 The Consultant also agrees by signing this document that he or she shall require that
4 the language of this certification be included in all lower-tier subcontracts, which exceed
5 $100,000, and that all such sub-recipients shall certify and disclose accordingly.
6 Article 21
7 Non-Discrimination Clause and Statement of Compliance
8 21.1 The Consultant's signature affixed herein, and dated, shall constitute a certification
9 under penalty of perjury under the laws of the State of California that the Consultant has, unless
10 exempt, complied with, the nondiscrimination program requirements of Government Code
11 §12990 and 2 CCR § 11102.
12 21.2 During the performance of this Agreement, the Consultant and its subconsultants
13 shall not deny this Agreement's benefits to any person on the basis of race, religious creed,
14 color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
15 information, marital status, sex, gender, gender identity, gender expression, age, sexual
16 orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow
17 harassment against any employee or applicant for employment because of race, religious
18 creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
19 genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
20 orientation, or military and veteran status. The Consultant and subconsultants shall ensure that
21 the evaluation and treatment of their employees and applicants for employment are free from
22 such discrimination and harassment.
23 21.3 The Consultant and subconsultants shall comply with the provisions of the Fair
24 Employment and Housing Act (Gov. Code §12990 et seq.) and the applicable regulations
25 promulgated thereunder(2 CCR §11000 et seq.), the provisions of Government Code §§11135
26 et seq., and the regulations or standards adopted by the County to implement such provisions.
27 The applicable regulations of the Fair Employment and Housing Commission implementing
28 Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
29
1 California Code of Regulations, are incorporated into this Agreement by reference and made a
2 part hereof as if set forth in full.
3 21.4 Consultant shall permit access by representatives of the Department of Fair
4 Employment and Housing and the County upon reasonable notice at any time during the normal
5 business hours, but in no case less than twenty-four (24) hours' notice, to such of its books,
6 records, accounts, and all other sources of information and its facilities as said Department or
7 the County shall require in order to ascertain compliance with the requirements of this Article 21.
8 21.5 The Consultant and subconsultants shall give written notice of their obligations under
9 this Article 21 to labor organizations with which they have a collective bargaining or other
10 agreement.
11 21.6 The Consultant and subconsultants shall include the nondiscrimination and
12 compliance provisions of this Article 21 in all subcontracts to perform work under this
13 Agreement.
14 21.7 The Consultant, with regard to the work performed under this Agreement, shall act in
15 accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI
16 provides that the recipients of federal assistance will implement and maintain a policy of
17 nondiscrimination in which no person in the United States shall, on the basis of race, color,
18 national origin, religion, sex, age, disability, be excluded from participation in, denied the
19 benefits of or subject to discrimination under any program or activity by the recipients of federal
20 assistance or their assignees and successors in interest.
21 21.8 The Consultant shall comply with regulations relative to non-discrimination in
22 federally assisted programs of the U.S. Department of Transportation (49 CFR Part 21 -
23 Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not
24 participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including
25 employment practices and the selection and retention of Subconsultants.
26 21.9 The Consultant, subrecipient or subconsultant will never exclude any person from
27 participation in, deny any person the benefits of, or otherwise discriminate against anyone in
28
30
1 connection with the award and performance of any contract covered by 49 CFR 26 on the basis
2 of race, color, sex, or national origin.
3 Article 22
4 Debarment and Suspension Certification
5 22.1 The Consultant's signature affixed herein shall constitute a certification under
6 penalty of perjury under the laws of the State of California that the Consultant has complied
7 with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate,
8 which certifies that the Consultant or any person associated therewith in the capacity of
9 owner, partner, director, officer, or manager:
10 (A) Is not currently under suspension, debarment, voluntary exclusion, or
11 determination of ineligibility by any federal agency;
12 (B) Has not been suspended, debarred, voluntarily excluded, or determined ineligible
13 by any federal agency within the past three (3) years;
14 (C) Does not have a proposed debarment pending; and
15 (D) Has not been indicted, convicted, or had a civil judgment rendered against it by a
16 court of competent jurisdiction in any matter involving fraud or official misconduct within
17 the past three (3) years.
18 22.2 Any exceptions to this certification must be disclosed to the County on Exhibit G
19 "Debarment and Suspension Certification." Exceptions will not necessarily result in denial of
20 recommendation for award but will be considered in determining Consultant responsibility.
21 Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
22 22.3 Exceptions to the Federal Government Excluded Parties Listing System maintained
23 by the General Services Administration are to be determined by the Federal Highway
24 Administration.
25 Article 23
26 Executive Order N-6-22
27 23.1 Under Executive Order N-6-22 as a contractor, subcontractor, or grantee,
28 compliance with the economic sanctions imposed in response to Russia's actions in Ukraine is
31
1 required, including with respect to, but not limited to, the federal executive orders identified in
2 the EO and the sanctions identified on the U.S. Department of the Treasury website
3 (https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-
4 information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of
5 contracts or grants, as applicable.
6 23.2 Specially Designated Nationals and Blocked Persons List (SDN)
7 https://home.treasurV.gov/policy-issues/financial-sanctions/specially-designated-nationals-
8 and blocked-persons-list-sdn-human-readable-lists
9 Article 24
10 Contingent Fees
11 24.1 The Consultant warrants, by execution of this Agreement that no person or selling
12 agency has been employed, or retained, to solicit or secure this Agreement upon an agreement
13 or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona
14 fide employees, or bona fide established commercial or selling agencies maintained by the
15 Consultant for the purpose of securing business. For breach or violation of this warranty, the
16 County has the right to: annul this Agreement without liability, and to pay only for the value of
17 the work actually performed; or in its discretion to deduct from the Agreement price or
18 consideration, or otherwise recover, the full amount of such commission, percentage,
19 brokerage, or contingent fee.
20 Article 25
21 Inspection Of Work
22 25.1 The Consultant and any subcontractor shall permit the County, the state, and the
23 FHWA to review and inspect the Project activities and files at all reasonable times during the
24 performance period of this Agreement including review and inspection on a daily basis.
25 Article 26
26 Safety
27 26.1 Consultant shall comply with OSHA regulations applicable to Consultant regarding
28 necessary safety equipment or procedures. Consultant shall comply with safety instructions
32
1 issued by the County Safety Officer and other County representatives. Consultant personnel
2 shall wear hard hats and safety vests at all times while working on the construction project site.
3 26.2 Pursuant to the authority contained in Vehicle Code §591, the County has
4 determined that such areas are within the limits of the project and are open to public traffic.
5 Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15
6 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe
7 operation of its vehicles and the protection of the traveling public from injury and damage from
8 such vehicles.
9 26.3 Any subcontract entered into as a result of this Agreement shall contain all of the
10 provisions of this Article 26.
11 Article 27
12 Confidentiality Of Data
13 27.1 All financial, statistical, personal, technical, or other data and information relative to
14 the County's operations, which are designated confidential by the County and made available to
15 the Consultant in order to carry out this Agreement, shall be protected by the Consultant from
16 unauthorized use and disclosure.
17 27.2 Permission to disclose information on one occasion, or public hearing held by the
18 County relating to this Agreement, shall not authorize the Consultant to further disclose such
19 information, or disseminate the same on any other occasion.
20 27.3 The Consultant shall not comment publicly to the press or any other media regarding
21 this Agreement or the County's actions on the same, except to the County's staff, the
22 Consultant's own personnel involved in the performance of this Agreement, at public hearings or
23 in response to questions from a Legislative committee.
24 27.4 The Consultant shall not issue any news release or public relations item of any
25 nature, whatsoever, regarding work performed or to be performed under this Agreement without
26 prior review of the contents thereof by the County, and receipt of the County's written
27 permission.
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1 27.5 All information related to the construction estimate is confidential and shall not be
2 disclosed by the Consultant to any entity other than the County, Caltrans, and/or FHWA. All of
3 the materials prepared or assembled by the Consultant pursuant to performance of this
4 Agreement are confidential and the Consultant agrees that they shall not be made available to
5 any individual or organization without the prior written approval of the County or except by court
6 order. If the Consultant or any of its officers, employees, or subcontractors does voluntarily
7 provide information in violation of this Agreement, the County has the right to reimbursement
8 and indemnity from the Consultant for any damages caused by the Consultant's releasing the
9 information, including, but not limited to, the County's attorney's fees and disbursements,
10 including without limitation experts' fees and disbursements.
11 Article 28
12 National Labor Relations Board Certification
13 28.1 In accordance with Public Contract Code § 10296, the Consultant hereby states
14 under penalty of perjury that no more than one final unappealable finding of contempt of court
15 by a federal court has been issued against the Consultant within the immediately preceding two-
16 year period, because of the Consultant's failure to comply with an order of a federal court that
17 orders the Consultant to comply with an order of the National Labor Relations Board.
18 Article 29
19 Evaluation Of The Consultant
20 29.1 The Consultant's performance will be evaluated by the County. A copy of the
21 evaluation (Exhibit H) will be sent to the Consultant for comments. The evaluation together with
22 the comments shall be retained as part of the Agreement record.
23 Article 30
24 Funding Requirements
25 30.1 It is mutually understood between the parties that this Agreement may have been
26 written before ascertaining the availability of funds or appropriation of funds, for the mutual
27 benefit of both parties, in order to avoid program and fiscal delays that would occur if the
28 Agreement were executed after that determination was made.
34
1 30.2 This Agreement is valid and enforceable only if sufficient funds are made available to
2 the County for the purpose of this Agreement. In addition, this Agreement is subject to any
3 additional restrictions, limitations, conditions, or any statute enacted by the Congress, State
4 Legislature, or the County governing board that may affect the provisions, terms, or funding of
5 this Agreement in any manner.
6 30.3 It is mutually agreed that if sufficient funds are not appropriated, this Agreement may
7 be amended to reflect any reduction in funds.
8 30.4 The County has the option to terminate the Agreement pursuant to Article 6
9 Termination and Suspension, or by mutual agreement to amend the Agreement to reflect any
10 reduction of funds.
11 Article 31
12 Title VI Assurances
13 31.1 The provisions of Title VI are hereby attached, unmodified as part of this Agreement
14 (Exhibit I). Exhibit I, "Title VI Assurances" Appendices A and E, and if applicable Appendices B,
15 C, and D, must be inserted, unmodified, in all subcontracts to perform work under the
16 Agreement.
17 (A) The clauses of Appendix B of this Assurance shall be included as a covenant
18 running with the land, in any deed from the United States effecting or recording a
19 transfer of real property, structures, use, or improvements thereon or interest therein to
20 the County.
21 (B) The clauses set forth in Appendix C and Appendix D of this Assurance shall be
22 included as a covenant running with the land, in any future deeds, leases, licenses,
23 permits, or similar instruments entered into by the County with other parties:
24 (1) for the subsequent transfer of real property acquired or improved under the
25 applicable activity, project, or program; and
26 (2) for the construction or use of, or access to, space on, over, or under real
27 property acquired or improved under the applicable activity, project, or program.
28
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1 The parties are signing this Agreement on the date stated in the introductory clause.
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Advanced Mobility Group (AMG) County of Fresno
3
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5 Signature
Nathan Magsig, Chairman
6 By: Beth Clement of the Board of Supervisors of the
7 Name County of Fresno
8 Corporate Board Secretary
Title ATTEST:
9 Advanced Mobility Group (AMG) Bernice E. Seidel
Clerk of the Board of Supervisors
Walnut Creek, CA 94597
10 Oak Rd., Suite 100 County of Fresno, State of California
Walnut
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By
14 Deputy
15 For accounting use only:
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17 ORG: 45104513/45104514
18 FUND: 0010
19 SUBCLASS: 11000
20 ACCOUNT: 7295
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Exhibit A
Scope of Services
A.1. The work to be performed by the Consultant under this Agreement
includes professional services for various County Public Works Projects, preparing new
traffic control signal timing cards, and updating existing ones for the Department.
A.2. The services that may be furnished by the Consultant under this
Agreement are for all or a portion of the services the Consultant is allowed to provide
within the applicable professional discipline limits, as defined in California State License
Law, for various Projects on an as-needed basis.
A.3. The Consultant agrees to provide the professional services that are
necessary for each Project when expressly authorized in writing by the Contract
Administrator. Such work by the Consultant shall not begin until the Consultant has
received a written Notice to Proceed (NTP) or Task Order from the Contract
Administrator authorizing the necessary service, agreed upon fee, and scope of work.
A.4. Assist the County, at the Director's express, written authorization, with any
claim resolution process involving the construction contractor and the County, including
serving as a witness in connection with any public hearings or legal proceeding, and
also including dispute resolutions required by law or hereunder. The parties recognize
that this clause is provided as a means of expediting resolution of claims among the
construction contractor, the County, and the Consultant. However, it is understood the
construction contractor is not an intended third-party beneficiary of this clause.
Compensation for these services shall be computed and invoiced at the same hourly
rates listed in Exhibit C hereto, including travel costs that are being paid for the
Consultant's personnel services under this Agreement.
A.5. The Consultant's personnel shall typically be assigned to and remain on
specific Department projects/deliverables until completion and acceptance of the
A-1
project/deliverables by the Department. Personnel assigned by the Consultant shall be
available at the start of a Task Order and after acceptance of the project/deliverable by
the Department.
A.6. After the Contract Administrator's approval of the Consultant's personnel
proposal and finalization of a Task Order, the Consultant may not add or substitute
personnel without the Contract Administrator's prior written approval.
A.7. The Consultant shall submit proposals in response to task orders issued
by the Contract Administrator on a project-by-project basis. The Consultant's proposal
at a minimum shall include, but not be limited to, staff qualifications, proposed method
and schedule for completing the task(s), completed federal forms and a cost proposal.
The Consultant agrees that each professional or other individual performing work on
any such Project(s) shall be adequately trained to perform the work and shall possess
the proper license, certification or registration as required by law or by accepted
standards of the applicable profession. The Consultant agrees to provide the
professional services that are necessary to complete the following tasks when expressly
authorized in writing by the Contract Administrator:
A.8. County traffic signals timing: Upon being assigned to provide services
for Project, the Consultant shall assist County staff with preparation and update of
timing cards.
A.9. Prepare timing card for the new or modified traffic signal being designed
by Signal Consultant. The timing shall be:
a. signed by Licensed Professional Engineer,
b. compliant to California MUTCD,
c. compliant to timing sheets format (paper and Excel),
d. kept current and housed by and compatible with ATMS (ATMS. Now,
StreetSync, SynchroGreen, Quicload),
A-2
A.10. Review Traffic Control plans, specifications and estimates (PS&Es)
prepared by the Signal Consultant and provide comments to these documents.
Note: The County will standardize components for operation and maintenance
efficiency. It is very important that the Consultant properly addresses and verifies
these components while reviewing PS&Es being prepared by Signal Consultant.
The design development process allows for review of the plans at 30%, 60%,
90% and Final set. Consultant will be required to review plans at all these stages
of the design until all comments are addressed. Once approved, Consultant will
be required to initial the final Traffic Control Signal plans to identify the approval.
A.11. During bidding of a new project, Consultant may need to address
questions pertaining to Traffic Control Signal operation.
A.12. During construction, Consultant and Signal Consultant will review Traffic
Signal components submittals provided by construction contractor for approval.
A.13. During construction, the Consultant shall conduct on-site inspection (2
visits), one while the underground conduits, and second one during final walk-through
for acceptance prior to signal start-up procedure.
A.14. During construction, Consultant shall receive the controller supplied by a
County retained contractor, program the controller, and test it.
A.15. Assist Department and witness on-site testing for new traffic signal start-
up process.
A.16. Preparation of Synchro model if requested by the Department in a specific
task order.
A.17. Maintain the data, information and analysis necessary to support opinions
for assignments.
A-3
Exhibit A
AMG ADVANCED
MOBILITY
GROUP
Scope of Work
AMG's approach to the project goals will be based on our extensive experience on similar projects in
other jurisdictions. Our approach and recommendations will be tailored to the needs, constraints and
critical issues of each corridor.We understand that through this project,the County is seeking to:
1. Prepare new traffic control signal timing cards and update existing signal timing cards to
comply with CA MUTCD and County's timing sheet format.
2. Reduce overall travel time, number of stops, delay, spillovers at all study corridors and
intersections.
3. Improve safety of pedestrians and bicycles
4. Improve traffic progression through effective signal coordination, enhance vehicle throughput
and improve traffic operations
S. Reduce vehicle emissions and fuel consumption
We believe that each corridor is unique with special conditions requiring specialized treatments best
suited for achieving the goals of this project. Our approach will identify these special conditions and
develop timing cards optimal for all modes of transportation along the corridor. Some of our approach
strategies include but are not limited to:
1. Half-cycle lengths and controlling throughput at feeder intersections: Close spacing
between signals can often lead to spill over into downstream intersections. Smooth traffic
progression can be achieved with shorter cycle lengths, half-cycle and/or metering of upstream
traffic.
2. Cross-coordination between corridors: Several corridors included in the study overlap each
other.The overlapping intersections are critical as they govern the cycle lengths and offsets of
both corridors. Recommended timing cards will be developed such that critical movements
along each corridor are serviced effectively so as to not impact both corridor movements.
3. "Free"or Demand-responsive operation: Intersections that are either over-saturated or have
very low side-street traffic demands often operate better as demand-responsive intersections.
Critical challenges faced with over-saturated intersections are higher cycle lengths than the
other intersections in the corridor, or insufficient time for each critical movement. Higher cycle
lengths can also result in higher delays and queues if the intersection has multiple heavy
conflicting movements.With intersections that have low side-street demand and form corridor
"ends", coordination at a higher cycle length than required can result in driver frustration and
disregard to traffic signal timings.These are critical factors to be considered for recommended
signal timings.
4. Pedestrian and Bicycle Timings: Minimum pedestrian and bicycle timings also control cycle
lengths along project corridors. Careful consideration and advanced solutions need to be
evaluated for locations where minimum pedestrian and bicycle timings drive cycle lengths.
Additionally, some locations could benefit for additional safety measures such as leading
pedestrian intervals at crosswalks with heavy pedestrian demands, intersections close to
schools and locations with heavy permissive turning traffic and heavy pedestrian demands.
Similarly, intersections with lower pedestrian volumes throughout the day could benefit from
advanced controller settings such as stop-in-walk which allows for shorter cycle lengths with
splits based primarily on minimum green,yellow, and all-red intervals.Any recommendations
made regarding pedestrian and bicycle timings will comply with the current CA MUTCD
standards.
Traffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 I Page 1S
5. Signal phasing and grouping: Each signalized intersection has a different natural cycle length
based on CA MUTCD compliant minimum timing parameters. More often than not, better
progression bands and smooth flow are achieved by grouping consecutive signals with similar
natural cycle lengths and higher coordination factors in separate sub-systems/groups.This is
especially critical for corridors with many traffic signals as well as closely spaced signals.
6. Define System Damping:The number of patterns selected should be kept at a reasonable
number to avoid continuous transition when cycle length keeps changing along the corridor.
This would be verified by running the time-based coordination configuration setting in the
background to identify how many transitions are occurring per hour,which should be limited to
less than a couple. Fine-tuning of the time-based coordination configuration would be
conducted to dampen the responsiveness of the signal system such that the system runs mostly
coordinated and the cycle length doesn't keep changing, putting the signals in transition.
7. Unique Conditions: It is also critical to consider specialized conditions such as railroad pre-
emption,transit signal priority, queuejumps, etc. at signalized intersections. Recommended
signal timings will incorporate any such conditions observed at the study intersections.
8. Deployment: Upon development of the proposed coordination plans, each time-of-day plan
will be tested to ensure no coordination diagnostic failures occur in the field.Troubleshooting
prior to implementation safeguards from potential hazardous situations in field such as short-
cycling, skipping of phases, signals in transition and impact to traffic flow due to the above.
As summarized above our team has the experience, knowledge, and approach to develop traffic signal
coordination solutions that are tailored to the specific needs of the study corridors.
Our detailed work plan for this project is provided below.
TASK s: PROJECT MANAGEMENT AND COORDINATION
AMG will schedule a kick-off meeting with the County to clearly identify and discuss project objectives,
scope, schedule, and budget.This meeting will include establishing points of contact, review of critical
path items and overall schedule, identification of standards and guidelines, and communication of
expectations forthe project.AMG will continue to set up and manage the project, attend team
meetings, and provide continuous coordination with all stakeholders.AMG will perform quality
assurance and quality control prior to each milestone submittal and in conformance to County
Standards.AMG's Project Manager will act as the single point of contact to coordinate the project with
the County and will provide project updates to the County on a weekly or bi-weekly basis throughout
the entire project duration.
Services under this task will include the following:
• Kick-off Meeting coordination and attendance
• Coordination meetings with County
• File setup maintenance, management and sharing
• Supervision of and coordination with subconsultants
• Quality Assurance and Quality Control reviews prior to making milestone submittals to County
• Monitoring the project budget
• CPM schedule updates using Microsoft Project
• Monthly invoices
• Data Collection by AMG
• Data to be provided by County
sonI raffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 1 Page 16
AMG ADVANCED
MOBILITY
GROUP
TASK 2: DATA COLLECTION
Under this task, AMG will collect and summarize existing data received from the County,three-year
collision data and on-going construction within the project area.The following data will be collected
from the County and by AMG.
Task 2.1: Existing Data from County
AMG will request the following items from the County prior to the kick-off meeting to better
understand available information, identify needs and develop a streamlined approach for all tasks
involved in the project:
• Historical peak hour turning movement counts and average dailytraffic tube counts
• Traffic signal timing sheets and As-builts/Signal Phasing Information
• Collision records for last three years
• Speed surveys
• Synchro files(if available)
Task 2.2: Data Collection by Consultant
Priorto data collection,AMG will prepare a data collection plan outlining locations and dates where
field observations and data collection will be conducted.The data collection plan will be provided for
review and comment to the County.AMG will ensure that all data is collected on typical weekdays
when the schools are in session and weekends with no planned events or construction and atypical
weather conditions. Should an accident occur on any day of data collection,AMG will collect data on a
different day upon consultation with the County Staff.Additionally, AMG's data collection plan will
include mapped locations of all data collection units(average daily traffic(ADT)tubes and turning
movement count(TMC)video detection units).AMG will collect the following data in the field.
1. If not available by the County,AMG will collect consecutive seven-day traffic volumes and
vehicular speed data at midblock locations for the approved corridors under this project.
Vehicle classification and speed data will include average speed, 85t" percentile speed and
median speeds.
2. Weekday turning movement counts including vehicles, pedestrians and bicycles shall be
collected between Too a.m. and io:oo a.m., ii:3o a.m.and i:3o p.m., and between 4:00 p.m.
and 7:00 p.m. peak periods at all County approved intersections.Weekday turning movement
counts will be collected on the highest volume day between Tuesday and Thursday. Peak
periods for turning movement counts will be evaluated based on the average daily traffic data
collected and upon approval from County Project Manager.
3. Weekend 2-hour turning movement counts for a.m. and p.m. peak periods at all County
approved intersections. Similar to weekday counts, data collection will be conducted on the
highest volume weekend day upon approval of peak periods from County Project Manager.
4. Field observations for all weekday and weekend peak periods including but not limited to:
a) Saturation flows, lane utilization, queue lengths, spillover of queues at upstream
intersections, heavy side-street demands, bus, and parking maneuvers where applicable,
heavy left-turn demands(spillover into through lanes from existing pockets), detector
malfunction if observed.
b) Operation of feeder intersections(intersections which add heavy traffic volumes to the
corridor), existing coordination and movements critical for cross-coordination, grouping of
intersections based on existing traffic patterns, pedestrian, and bicycle activity.
Traffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 I Page 17
c) Lead-lag signal phasing, early greens, and cycle failure.
d) Light Rail signal timings and activity,transit frequencies.
e) A minimum of six"Before"and "After"travel time runs using floating car method with
video recording.
f) Verification of existing signal timings and phasing sequences in field.
TASK 3: EXISTING/BASELINE CONDITIONS ANALYSIS
Task 3.1: Existing Conditions Synch ro/S i mTraffic Model Development
Upon completion of data collection, scaled existing/baseline Synchro traffic simulation models will be
created in Synchro for all study peak periods.The Synchro models will be calibrated to reasonably
reflect existing conditions based on the field observations conducted. Calibration parameters will
include but are not limited to existing lane geometry,turning movement restrictions, speed, saturation
flow rate, parking maneuvers, lane utilization, mandatory and positioning distances, queue lengths, bus
frequencies,volume settings,travel times, and existing signal timings and phasing.
The calibrated Synchro/SimTraffic models will be used to estimate existing intersection and arterial
measures of effectiveness(MOE's) including average travel time, delay,fuel consumption and
emissions, number of stops,volume to capacity(v/c) ratios(at locations where v/c ratio is greater than
s.o)and average speed through the corridors.
Task 3.2: Review of Minimum Timing Parameters
As part of the existing conditions analysis,AMG will review existing minimum timing parameters such
as minimum green intervals for vehicles and bicycles,yellow, all-red,walk and flashing don't walk
(FDW) intervals, locations that will benefit from LPI (Leading Pedestrian Interval),volume-density
settings such as vehicle extension and minimum gap intervals to ensure adequateness and consistency
per the latest CA MUTCD and County Standards for all study intersections.AMG will recommend
locations where we believe LPI would improve pedestrian safety based on existing pedestrian demands.
AMG will provide a comparison spreadsheet with existing and proposed minimum timing parameters
consistent with County and CA MUTCD standards to the County for review and comment. Upon
County's review, approved minimum timing parameters will be utilized for development of
recommended signal timing cards.
TASK 4: DEVELOPMENT OF RECOMMENDED SIGNAL TIMING CARDS
Upon review of minimum timing parameters, Synchro models will be utilized for development of
proposed coordination plans for all peak periods and project corridors. Based on the natural cycle
lengths of the intersections in the network, optimal cycle length will be set for the project signals.
Splits, offsets, and phasing sequences will be adjusted to provide directional progression band
throughout the corridor. Generally, higher cycle lengths provide better progression for the corridor but
can result in an increase in side street delay or overall intersection delay. Lower cycle lengths reduce
side street delay but may not provide adequate split timing to the coordinated phases and hence
provide a smaller progression band.The recommended timing cards will be tailored to accommodate
proposed minimum timing parameters and existing traffic volumes with minimal side street impact.
Development of recommended timing cards also include but will not be limited to half-cycles when
deemed beneficial, stop-in-walk settings where pedestrian demand is lower, grouping of intersections
with similar natural cycle lengths and high coordination factors and review of short and long transition
percentages for coordination.
sonI raffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 1 Page 18
AMG ADVANCED
MOBILITY
GROUP
Upon developing proposed coordination plans, SimTraffic microsimulation software will be used for
further fine-tuning of the recommended offsets. MOE's under proposed conditions scenario will be
compared to existing conditions MOE's to assess system performance.
TASKS: DEPLOYMENT AND FINE-TUNING
AMG will develop proposed conditions timing cards compliant to the County's timing sheet format
(paper and Excel).The proposed timing cards will be signed by a Licensed Professional Engineer and
submitted (electronic and paper copies)to the County for review and approval. Upon County approval
of the proposed timing cards,AMG will implement the timing cards at all study intersections through
the County's Centralized Traffic Management System which we are very familiar with. Given the
number of corridors in the study, an implementation plan will be developed which will summarize dates
for each corridor deployment and fine-tuning.
Upon deployment,the AMG Team will fine-tune the corridors by in-person field visit and driving along
the corridors to adjust offsets, splits signal phasing and/or cycle lengths.AMG team will conduct a
minimum of six`Before"and 'After"travel time runs utilizing TranSync software.TranSync is an app
that enables users to develop virtual signal timing cards in the office and then run the same timing
cards on a mobile device in the field. Once signal timings are loaded into the app and clocks are synced
with the controllers,TranSync will show what the signal indications should be showing at every point in
time.Timing Adjustments do not have to be evaluated in the office but can be quickly assessed within
the app.Additionally,TranSync enables staff to record video clips to use in before-and-after
performance evaluations.
AMG team will be available during the entire duration of signal timing deployment to immediately
address any issues or agency concerns that may arise irrespective of the number of days or effort
required in field to the satisfaction of the County Project Manager.
TASK 6: ON-GOING TRANSPORTATION SUPPORT
AMG will provide on-going transportation support to manage the County's traffic signal system and
review new traffic signal plans and specifications.The tasks anticipated are summarized below:
• Review timing cards of all existing traffic signals annually
• Prepare and/or update timing cards that comply with all applicable federal, state, and local
laws, without limitation.
• Meetings with the County
• Inform Department staff every time there is an update in the CA MUTCD or any change in site
condition that triggers updating timing cards
• Conduct site investigation (if necessary)to determine existing field conditions
• Review 3o%, 6o%, go%, and final PS&E set of traffic signal plans.AMG will initial the final
traffic control signal plans once approved.
• During bidding of a new project,AMG will answer bidder's questions and provide clarifications
to the bid documents relating to traffic control signal operations.
• Assist in reviewing traffic signal components submittals provided by the Contractor for
approval during construction.AMG will conduct two on-site inspections:one during the
underground conduits work and the other during the final walk-thru for acceptance prior to
signal start-up procedure.
• During construction,AMG will assist in programming and testing the controller
Traffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 1 Page 19
• Assist Department staff and witness on-site testing for new traffic signal start-up process
• Prepare Synchro model if requested by Department staff in a specific task order
• Maintain the data, information and analysis necessary to support opinions for assignments
This task is expected to be a live document and will vary based on the immediate needs of the County
as relates to the Signal System Operations and Reporting.
Schedule of Work
AMG has provided a preliminary project schedule for updating signal timing cards for all the existing
study intersections.Although the County intends to have updated timing cards prepared and stamped
by January 2025,we believe that we can complete the work by mid-December.This will allow us to
avoid holiday traffic and assess the effectiveness of the change.And if something comes up,then we
also have a buffer time to make modifications. Additionally,we have included a buffer time in case any
modifications are needed.AMG is flexible to incorporate changes in schedule requested by the County
within our capacity.
Jun Jul Aug Sep Oct Nov Dec Jan S-YEARTERM
Subtask 2.1-Existing Data from County
Subtask 2.2-Data Collection By Consultant
Subtask 3.1-Existing Conditions Synchro/SimTraffic Model Development
Subtask 3.2-Review of Minimum Timing Parameters
Development
• MIME* S-YEAR TERM
Task 6-On-Going Transportation Support
Conflicts of Interest
AMG does not have any conflict of interest with Fresno County and AMG will exercise reasonable care
and diligence to prevent any actions or conditions that could result in a conflict with the best interest of
Fresno County.
Cost Proposal
The cost proposal corresponding to this level of effort is provided in a separate sealed envelope per the
requirements of the RFP. Our financial management system meets the standards for accounting
principles,financial reporting, and record keeping as set forth in the FAR Title 49, CFR, Part 18.20.We
are committed to ensuring that we maintain a high standard of financial accounting and reporting.
now
Nowraffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 I Page 20
Exhibit B
Joy Bhattacharya, PE, PTOE I Project Manager I Availability 35%
✓ 25 years of experience in PS&E design,traffic operations, ITS, and Adaptive
Responsive traffic signal systems
✓ Leading the industry in innovative transportation solutions
✓ Managed more than 200 signal timing projects throughout the SF Bay area
✓ Experience in ATMS systems, communication design,transit signal priority,
implementation of CCTV, and arterial operations using micro-simulation
✓ MS,Transportation Engineering- University of Tokyo,Tokyo,Japan; BS,
Civil Engineering - Indian Institute of Technology, Kharagpur, West Bengal
Christopher Thnay, PE,TE I PIC and QA/QC I Availability 15%
✓ City traffic engineer(7 years), Planning Commissioner(11 years)and
extensive on-call traffic operations, signal system and impact analysis and
traffic forecasting experience
' ✓ Managed more than 20 years of on-call experience throughout the Bay Area,
assisting with signal system implementation and timing
✓ Proven track record throughout his 3o-year career
✓ MS, Stanford University—Transportation Planning & Management; BS,
University of Wisconsin—Madison, Civil& Env. Engineering; Fellow-ITE
Shabnam Yari, PE I Senior Traffic Engineer I Availability 60%
✓ g years of experience in leading Transportation Engineering projects
✓ Experience in signal timing,traffic control plans, complete streets design,
traffic calming projects, warrant analysis, and traffic signal systems
'-�' ✓ Experience in ATMS.now, SynchroGreen, Centracs, and SCATS, Intelight
MaxView/MaxTime,AutoCAD, and Synchro
✓ Traffic Management Center and Signal System Maintenance
✓ Automated Traffic Signal Performance Measures
✓ B.S in Civil Engineering, University of California, Davis
Chris Higbee, PE I Senior Project Engineer I Availability 50%
✓ so years of experience in PS&E of traffic signal and communication design and
construction support
✓ Expertise in roadway design, streetscape improvements, signing and striping,
traffic calming, parking and traffic impact and congestion management
✓ Experience in several computer programs including AutoCAD Civil 3D
M ✓ BS, Civil Engineering - California Polytechnic State University, San Luis Obispo
Matthew Boog I Traffic Signal Specialist I Availability 75%
✓ 5 years of experience in signal timing improvements, arterial performance
measures, and multimodal transportation planning concepts
✓ Retimed 200+signals to reduce corridor travel times and delay
✓ Best-practice bicycle and transit street cross section design and planning
✓ Project prioritization strategies that provide the highest long-term benefit
MS, Civil and Environmental Engineering (Specialization in Transportation
Engineering)- University of Nevada, Reno
sonI raffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 I Page 14
AMG ADVANCED
MOBILITY
GROUP
Stephen Au P.E. I Signal Designer I Availability 30%
✓ 30 years of experience in the preparation of PS&E for new/modified traffic signals
=� systems,signing and striping, street lighting,and traffic calming
✓ Experience in construction zone traffic control, ITS, park-and-ride design,transit center
design, pedestrian safety and bicycle facilities projects
�� ✓ Experience in AutoCAD,Synchro, and Traffix
✓ B.S in Civil Engineering, University of California, Berkeley
Vishnu Gandluru I Transportation Engineer I Availability 3o%
✓ 3.8 years of experience in Transportation and Civil Engineering.
✓ Experience in traffic management plans,traffic impact studies, origin destination
studies and parking studies
✓ Expertise in signal timing and coordination,freeway operations and traffic analysis
for ITS, GPS based travel time studies and travel demand modeling
^/ ✓ MS Civil Engineering, University of Louisiana, Lafayette, LA
✓ Bachelor of Technology, Civil Engineering,JXT University, India
Leonard Gilliana I Traffic Signal Inspector I Availability 25%
✓ 40 years of public sector experience in traffic signal operations, signal design,
construction, and inspection
"`� ✓ Traffic Signal Inspection Supervisor for multiple large-scale projects
\ ✓ Developed several courses that are taught across the country for the traffic
signal industry
✓ Expertise in Caltrans and CA MUTCD standards
Jose Luis Benavides, PE,TIE I JLB Traffic Engineering I Availability 25%
✓ Experience in traffic operations analysis, corridor studies,traffic planning,traffic
control plans,traffic signal design,traffic impact studies,traffic forecasting,
geometric design, and plan check services
✓ Professional Engineer(Traffic), California—#TR2328
(Itt ✓ Land Surveyor in Training (LSIT), California—#ZL005078
✓ B.S. in Surveying Engineering, California State University, Fresno
Scope of Work
AMG's approach to the project goals will be based on our extensive experience on similar projects in
other jurisdictions. Our approach and recommendations will be tailored to the needs, constraints and
critical issues of each corridor.We understand that through this project,the County is seeking to:
1. Prepare new traffic control signal timing cards and update existing signal timing cards to
comply with CA MUTCD and County's timing sheet format.
2. Reduce overall travel time, number of stops, delay, spillovers at all study corridors and
intersections.
3. Improve safety of pedestrians and bicycles
4. Improve traffic progression through effective signal coordination, enhance vehicle throughput
and improve traffic operations
S. Reduce vehicle emissions and fuel consumption
=00000000090110
Traffic Control Signal Timing Cards and Review of New Traffic Signal Plans and Specifications I PWP24-012 I Page 15
ADVANCED
MOBILITY
AMGGROUP
AMG Billing Rate Table 2024
Title Hourly Billing
Rate Range
Associate Engineer 160.00 -205.00
Data Analyst/Scientist 120.00- 135.00
Engineering Technician 110.00 - 130.00
President 350.00
Principal 250.00 -270.00
Project Administrator 110.00 - 165.00
Project Controls Specialist/Manager 160.00-240.00
Project Coordinator 100.00- 130.00
Project Manager 175.00 -245.00
Senior Consultant/Advisor 250.00-285.00
Senior Inspector 145.00 - 165.00
Senior Principal 275.00 -300.00
Senior Project Analyst 150.00- 170.00
Senior Project Engineer 185.00-250.00
Senior Systems Engineer 215.00 -235.00
Smart Cities Specialist 135.00- 155.00
Systems Engineer 120.00 -215.00
Technology Manager 190.00-205.00
Traffic Engineer 195.00 -215.00
Traffic Signal Specialist 115.00 - 130.00
Transit Planner 160.00 - 175.00
Transportation Engineering 100.00- 130.00
Vice President 295.00- 320.00
Exhibit C
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Consultant or any third
parties, Consultant, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Consultant shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Consultant's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). If this is a claims-made policy, then (1)the retroactive date must
be prior to the date on which services began under this Agreement; (2)the Consultant
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Consultant shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
If the Consultant is a governmental entity, it may satisfy the policy requirements above through
a program of self-insurance, including an insurance pooling arrangement or joint exercise of
powers agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Consultant signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Consultant shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
1
Floor, Fresno, California 93721, or HRRiskManagement fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Consultant has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Consultant's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Consultant shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Consultant shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Consultant shall, or
shall cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Consultant or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Consultant has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Consultant shall deliver, or cause its broker or producer
2
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Consultant waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Consultant is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Consultant's waiver of subrogation under this paragraph is effective
whether or not the Consultant obtains such an endorsement.
(F) County's Remedy for Consultant's Failure to Maintain. If the Consultant fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Consultant. The County may offset such
charges against any amounts owed by the County to the Consultant under this
Agreement.
(G)Subconsultants. The Consultant shall require and verify that all Subconsultants used
by the Consultant to provide services under this Agreement maintain insurance meeting
all insurance requirements provided in this Agreement. This paragraph does not
authorize the Consultant to provide services under this Agreement using
Subconsultants.
3
Exhibit D 1
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County'),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(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 Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
County of Fresno -Traffic Control Signal Timing Preparation and Maintenance
(1)Company Board Member Information:
Name: Beth Clement Date: 4/9/2024
Job Title: Corporate Board Secretary
(2)Company/Agency Name and Address:
Advanced Mobility Group
3003 Oak Road, Suite #100
Walnut Creek, CA 94597
(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: April 9, 2024
Exhibit E - 1
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, Government 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,
18 and thereafter need not amend its code to conform to future amendments to the Political
19 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
Fresno,California 1 -
Exhibit E - 2
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
s
shall be the filing officer.
7 2. As required b Government Code section 87500, subdivision q y Q), 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
I 16 Noes: None
1
17 Absent: None
18
19 F
20
Chairman, Board of Supervisors
21
22 Attest:
23 _0/
24 (�J�
25 Clerk
26
i
27
28
i
COUNTY OF FRESNO
Fremo,Cellfarnia 2
County of Fresno
Fresno,California
Coy. Exhibit E 3
Email Me]
rl Conflict of Interest Code [
Double click!
�,PREi Local Agency Annual / Biennial Report
In accordance with Government Code Section 87306.5, this department has reviewed its Conflict of
Interest Code and has determined that (check one of the following):
1. ❑ Our department's Conflict of Interest Code accurately designates all positions
within our department which make or participate in the making of decisions which
may foreseeably have a material effect on any financial interest; and the
disclosure category assigned to each such position accurately requires the
disclosure of all of the specific types of investments, business positions, interests
in real property, and sources of income that are reportable under Government
Code Section 87302 ("reportable under Government Code Section 87302"
means: an investment, business position, interest in real property, or source of
income shall be made reportable by the Conflict of Interest Code if the business
entity in which the investment or business position is held, the interest in real
property, or the income or source of income may foreseeably be affected
materially by any decision made or participated in by the designated employee
by virtue of his or her position); or,
2. ® Our department's Conflict of Interest Code is in need of amendment. We have
determined that the following amendments are necessary (check applicable
items, and refer to Exhibits "A" and "B" for detail if appropriate):
A. ❑ Include new positions (including consultants) that must be designated.
B. ❑ Include or delete positions because changes in duties.
C. ❑ Include positions that manage public investments.
D. ❑ Revise disclosure categories.
E. ❑ Revise the titles of existing positions.
F. ❑ Delete titles of positions that have been abolished.
G. ❑ Other (describe)
CONTACT PERSON DEPARTMENT
Sam Mann Public Works and Planning
I hereby approve the foregoing reported information for our department:
stwhite 12/13/2021 4:01:37 PM [a Sign] Double click!
Department Head Signature/Date
Note: Government Code Section 87306 requires that when an agency (e.g., your department) has determined
that amendments or revisions are necessitated by changed circumstances, the amendments or revisions
shall be submitted to the code reviewing body within 90 days after the changed circumstances have
become apparent.
Exhibit E 4
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I / II 2
Architect 1
Assistant Dorontnr of D--blir+ \A/orbs & Dlanninn- Planning and Resource
Management Official. 1
Building Inspector I / II 1
Building Plans Engineer 1
Chief Building Inspector 1
Chief of Field Surveys 1
Consultant
Deputy Director of Public Works 1
Development Services & Capital Projects Manager 1
Director of Public Works and Planning 1
Disposal Site Supervisor 2
Engineer I / II / III 1
Field Survey Supervisor 3
Financial Analyst I / II / III 1
Housing Rehabilitation Specialist I / 11 1
Information Technology Analyst I / 11 / III / IV 2
Landfill Operations Manager 1
Planner I / II / III 1
Principal Accountant 1
Principal Planner 1
Principal Staff Analyst 1
Public Works and Planning Business Manager 1
Public Works and Planning Information Technology Manager 1
Public Works Division Engineer 1
Resources Division Manager 1
Right-of-Way Agent II / III 1
Road Maintenance & Operations Division Manager 1
Road Maintenance Supervisor 1
Road Superintendent 1
Senior Accountant 2
Senior Engineer 1
Senior Engineering Technician 2
Senior Information Technology Analyst 2
Senior Planner 1
Senior Staff Analyst 1
Exhibit E 5
Classification Category
Staff Analyst I / 11 / III 1
Supervising Accountant 1
Supervising Architect 1
Supervising Building Inspector 1
Supervising Engineer 1
Supervising Water/Wastewater Specialist 1
Traffic Maintenance Supervisor 2
Water & Natural Resources Manager 1
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.
Local Assistance Procedures Manual Exhibit F EXHBIT 10-Q
Disclosure of Lobbying Activities
NONE
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application ❑ a. initial
b. grant b. initial award ❑ b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year quarter
f loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
❑ Prime ❑Subawardee
Tier if known
Congressional District,if known Congressional District,if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable
8. Federal Action Number,if known: 9. Award Amount,if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual,last name,first name,MI) (including address if different from No. 10)
(last name,first name,MI)
(attach Continuation Sheet(s)if necessary)
12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
$ actual ❑planned a. retainer
1 b. one-time fee
13. Form of Payment(check all that apply): ❑l c. commission
11 a. cash _ d. contingent fee
13 b. in-kind;specify:nature e deferred
Value f other,specify
15. Brief Description of Services Performed or to be performed and Date(s)of Service,including
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 12:
(attach Continuation Sheet(s)if necessary)
16. Continuation Sheet(s)attached: Yes ❑ No ❑
17.Information requested through this form is authorized by Title
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Beth Clement
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject Title: Corporate Board Secretary
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: 925-451-1051 Date: 5/2/24
Authorized for Local Reproduction
Federal Use Only: Standard Form-LLL
Standard Form LLL Rev.04-28-06
Distribution: Orig-Local Agency Project Files
1
Local Assistance Procedures Manual Exhibit F 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(Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity
(Item 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
2
Exhibit G 1
DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE
OF FEDERAL REGULATIONS, PART 29
The consultant, under penalty of perjury, certifies that, except as noted below, he/
she or any other person associated therewith in the capacity of owner, partner,
director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by
a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following
space.
For any exception noted above, indicate below to whom it applies, initiating agency,
and dates of action.
Notes:
Providing false information may result in criminal prosecution or administrative
sanctions.
5/2/2024
Signature: ` Date:
Local Assistance Procedures Manual Exhibit H Exhibit 10-S
Consultant Performance Evaluation
Exhibit 10-S Consultant Performance Evaluation
1.PROJECT DATA 2.CONSULTANT DATA
1 a. Project(include title,location,and Activity/CIP No.) 2a. Consultant Name and Address
1 b. Brief Description of Project(design,study,etc.) 2b. Consultant's Manager
1 c. Budget Cost for Project: $ 2c. Phone:
3.AGENCY DEPARTMENT/SECTION RESPONSIBLE
3a. Department(include section and division) 3b. Agency Project Manager(name&phone)
4. CONTRACT DATA(Engineering Services)
4a. Contract No.: Termination date: Base Fee: $
Agreement date: Date terminated: Contingency: $
4b. Amendment $ / # $ / #
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency)
4c. Change Order$ / # $ / #
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency)
4d. Total Fee per Agreement(4a.+4b.+4c.) $ Total Fee Paid$
(Do not include Contingency Listed in 4a.)
4e. Type of 4£ Historical Record of Key Submittal Dates(enter date or n/a if not applicable)
Services Preliminary 30% 70% 90% 100% Final
(Design,study, Per Agreement
etc.) Delivery Date
Acceptance Date
4'.Reasons for Change Orders: (Indicate total for each reason)
4g.Notice To Proceed (date) Errors/Omissions$ %of Base Fee 0.00%
Unforeseen Conditions$ %of Base Fee 0.00%
4h.Number of Days (number) Changed Scope$ %of Base Fee 0.00%
Changed Quantities$ %of Base Fee 0.00%
4i.Actual Number of Days (number) Program Task Options$ 1%of Base Fee 0.00%
5.OVERALL RATING(Complete Section II on reverse,include comments as appro riate.)
Outstanding Above Average Below Poor N/A
Average Average
5a. Plans/Specifications accuracy
5b. Consistency with budget
5c. Responsiveness to Agency Staff
5d. Overall Rating
6.AUTHORIZING SIGNATURES
6a.Agency Design Team Leader Date:
6b.Agency Project Manager Date:
6c.Agency Public Works Manager Date:
6d.Consultant Representative Date:
See Reverse Side
Page 1 of 2
LPP 13-01 May 8,2013
Local Assistance Procedures Manual Exhibit L Exhibit 10-S
Consultant Performance Evaluation
PLANS/SPECIFICATIONS Outstanding Above Avg. Below Poor N/A Responsiveness Outstanding Above Avg. Below Poor N/A
ACCURACY Avg. Avg. To Staff Avg. Avg.
Plans Specifications Timely Responses
clear and concise
Plans/Specs Attitude toward Client and
Coordination review bodies
Plans/Specs Follows directions and
properly formatted Chain of responsibility
Code Requirements Work product delivered
covered on time
Adhered to Agency Timeliness in notifying
Standard Drawings/Specs Agency of major problems
Drawings reflect Resolution of field
existing conditions Problems
As-Built Drawings Consistency with
budget
Quality Design Reasonable Agreement
negotiation
Change Orders due to design Adherence to fee schedule
deficiencies are minimized
Adherence to project
Budget
Section III EXPLANATIONS AND SUPPLEMENTAL INFORMATION
(Attach additional documentation as needed)
Item
Item
Item
Item
Item
Item
*Indicates supporting documentation attached.
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LPP 13-01 May 8,2013
Exhibit I
TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS), which are herein incorporated by reference and made a part
of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion,
age, or disability in the selection and retention of sub-applicants, including procurements of
materials and leases of equipment. CONSULTANT shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the
Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be
performed under a Sub- agreement, including procurements of materials or leases of
equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the
CONSULTANT'S obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who
fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or
FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the
information.
e. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with the
nondiscrimination provisions of this agreement, the recipient shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
withholding of payments to CONSULTANT under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
i. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1)
through (6) in every sub-agreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the
recipient or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is
threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT
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may request the recipient enter into such litigation to protect the interests of the State, and, in addition,
CONSULTANT may request the United States to enter into such litigation to protect the interests of the
United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the
condition that the recipient will accept title to the lands and maintain the project constructed thereon in
accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the
policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in
accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does
hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a
part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained
as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits and will be binding on the recipient, its successors and
assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use
the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-
mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands
and facilities on said lands, and that above described land and facilities will thereon revert to and vest in
and become the absolute property of the U.S. Department of Transportation and its assigns as such
interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
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APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate)for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add "as a covenant running with
the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.)for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.) will maintain and operate such facilities and services in
compliance with all requirements imposed by the Acts and Regulations(as may be
amended) such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, the recipient will have the right to terminate the (lease, license, permit,
etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same
as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination
covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon,
and the above described lands and facilities will there upon revert to and vest in and become
the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate)for himself/herself, his/her heirs,
personal representatives, successors in interest ,and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a
covenant running with the land") that (1) no person on the ground of race, color, or national
origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over, or under such land, and the furnishings of services thereon, no
person on the ground of race, color, or national origin, will be excluded from participation in,
denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee,
licensee, lessee, permittee, etc.) will use the premises in compliance with all other
requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in
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this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the
above Non-discrimination covenants, the recipient will have the right to terminate the (license,
permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities
thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been
made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
the recipient will there upon revert to and vest in and become the absolute property of the
recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in
interest (hereinafter referred to as the "CONSULTANT") agrees to comply with the following non-
discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the
basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as
implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
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Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs
(70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
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