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2025-On-Call-Agreement-Melton.pdf
On-Call Agreement for Architectural and Engineering Consultant and Other Related Services Contents 1. Obligations of the Consultant..................................................................................4 2. Obligations of the County ........................................................................................7 3. Term of Agreement...................................................................................................8 4. Termination ...............................................................................................................9 A. Non-Allocation of Funds / Funding Requirements ........................................................9 B. Breach of Contract........................................................................................................9 C. Without Cause............................................................................................................ 10 5. Compensation, Allowable Costs and Payments ..................................................10 A. Maximum Cumulative Amount Available .................................................................... 10 B. Consultant Fee ........................................................................................................... 11 C. Not used..................................................................................................................... 13 D. Retention.................................................................................................................... 13 E. Payments.................................................................................................................... 13 F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 15 6. Independent Contractor ............................................................................................ 16 7. Modification / Change in Terms ................................................................................ 17 8. Non-Assignment........................................................................................................ 17 9. Hold Harmless .......................................................................................................... 17 10. Liability Insurance ..................................................................................................... 18 A. Commercial General Liability....................................................................................... 18 B. Automobile Liability...................................................................................................... 19 C. Professional Liability Insurance: .................................................................................. 19 D. Worker's Compensation ............................................................................................. 19 E. Additional Requirements Relating to Insurance.......................................................... 19 11. Audits / Retention of Records ...................................................................................21 12. Notices......................................................................................................................22 13. Governing Law..........................................................................................................22 14. Disclosure of Self-Dealing Transactions ...................................................................22 15. Electronic Signature..................................................................................................23 16. Subconsultants .........................................................................................................23 I. Prompt Progress Payment............................................................................................25 J. Prompt Payment of Withheld Funds to Subconsultants ..............................................25 17. Conflict of Interest.....................................................................................................27 18. Errors or Omissions Claims and Disputes.................................................................28 19. Ownership of Data ....................................................................................................30 20. Consultant's Legal Authority .....................................................................................32 21. Binding Upon Successors.........................................................................................33 22. Severability ...............................................................................................................33 23. State Prevailing Wage Rates ....................................................................................33 C. Payroll Records..........................................................................................................34 E. Penalty.....................................................................................................................36 F. Hours of Labor .........................................................................................................38 1 G. Employment of Apprentices .....................................................................................38 2 Articles 24-39 Not used.......................................................................................................38 40. Entire Agreement..........................................................................................................38 3 41. Signatures.....................................................................................................................40 4 Appendices 5 Appendix A — Listing of all consultants, including CONSULTANT'S "Project Manager" 6 Appendix B — Scope 7 Appendix C — Project Team Appendix D — Deliverables 8 Appendix E — Cost Proposal Appendix F — Not Used 9 Appendix G — Self Dealing Transaction Disclosure Form Appendix H — Subconsultants 10 Appendix I — Conflict of Interest Code 11 Appendix J — Not Used Appendix K — Not Used 12 Appendix L — Not Used Appendix M — Not Used 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Agreement# D-25-257 1 CONSULTANT AGREEMENT 2 This Agreement for Architectural and Engineering Consultant Services, hereinafter 3 referred to as "Agreement," is made and entered into this 23rd day of June 4 2025, by and between the County of Fresno, a Political Subdivision of the State of 5 California, hereinafter referred to as "County"; and Melton Design Group, Inc., Corporation, 6 whose address is 820 Broadway Street, Chico, CA 95928-5529 hereinafter referred to as 7 "Consultant". 8 Recitals 9 WHEREAS, the County desires to retain the Consultant as one of a number of 10 consultant firms to provide, pursuant to separate agreements, on-call architectural and 11 engineering consulting services, encompassing landscape, architectural, electrical, 12 mechanical, transportation planning, water & natural resources, and such other 13 architectural and engineering disciplines for which each such consultant is qualified, as 14 necessary to assist the County in performing projects (hereinafter referred to as 15 "Project(s)") proposed by the County; and 16 WHEREAS, the Consultant has been selected in accordance with the County's 17 Ordinance Code Chapter 4.10 on the selection of architects, engineers, and other 18 professionals, and in accordance with Chapter 10 of the California Department of 19 Transportation's (Caltrans) Local Assistance Procedures Manual (LAPM), to provide certain 20 professional services necessary for the Projects, as specified herein; and 21 WHEREAS, the individual listed below 22 Erin Haagenson, Program Manager 23 2220 Tulare Street, 6th Floor, Fresno, CA 93721 24 559-388-7292 25 ehaagensonCcDfresnocountyca.gov 26 is designated as the Contract Administrator for this Agreement on behalf of the County, and 27 shall remain so unless the Consultant is otherwise notified in writing by the County's 28 3 1 Director of Public Works and Planning or his/her designee(s) (hereinafter referred to as the 2 "Director"); and 3 WHEREAS, the individual listed in Appendix A, as the firm's "Consultant Project 4 Manager" is designated as the Consultant's Project Manager for this Agreement, and shall 5 remain so unless the Consultant requests and the Director approves, in writing, a change o 6 the Consultant's Project Manager, which approval will not be unreasonably withheld; and 7 Now, Therefore, in consideration of the mutual covenants, terms and conditions 8 herein contained, the parties hereto agree as follows: 9 1. Obligations of the Consultant 10 A. The County hereby contracts with the Consultant as an independent 11 contractor to provide the professional services enumerated in "Consultant's Scope of 12 Services" attached as Appendix B. 13 B. The Consultant's services shall be performed as expeditiously as is 14 consistent with professional skill and the orderly progress of the work, based on schedules 15 for each specific Project mutually agreed upon in advance by the Contract Administrator, 16 and the Consultant. 17 C. The Consultant's Project team staff shall be as listed in Appendix C, attached 18 hereto and incorporated herein. Any substitutions of personnel must be approved in 19 advance by the Contract Administrator, which approval shall not be unreasonably withheld. 20 The Consultant shall notify the Contract Administrator of the names and classifications of 21 employees assigned to each specific Project, and shall not reassign such employees to 22 other projects of the Consultant without notification to and prior approval by the Contract 23 Administrator. 24 D. The Consultant may retain, as subconsultants, specialists as the Consultant 25 requires to assist in completing the work in accordance with Article 16 "Subconsultants. 26 E. Services provided by Consultant on Projects relating to the construction or 27 improvement of roads and bridges shall be done in accordance with American Association 28 of State Highway and Transportation Officials (AASHTO) requirements for applicable 4 1 structures. 2 F. All projects funded wholly or in part by Caltrans must conform to all 3 requirements imposed by Caltrans and the Federal Highway Administration (FHWA), as 4 specified in Chapter 10 of the Caltrans LAPM. 5 G. The services that may be furnished by the Consultant under this Agreement 6 are for all or a portion of the services the Consultant is allowed to provide within the 7 applicable professional discipline limits, as defined in California State License Law, for 8 various Projects on an as needed basis. 9 H. The Consultant agrees to provide the professional services that are 10 necessary for each Project when expressly authorized in writing by the Contract 11 Administrator. Such work by the Consultant shall not begin until the Consultant has 12 received a written Notice to Proceed (NTP) or Task Order from the Contract Administrator 13 authorizing the necessary service, agreed upon fee, and scope of work. 14 I. The Consultant shall submit proposals in response to requests issued by the 15 Contract Administrator on a project-by-project basis. The Consultant's proposal at a 16 minimum shall include, but not be limited to, staff qualifications, proposed method and 17 schedule for completing the task(s), completed federal forms and a sealed cost proposal. 18 The Consultant agrees that each professional or other individual performing work on any 19 such Project(s) shall be adequately trained to perform the work and shall possess the 20 proper license, certification or registration as required by law or by accepted standards of 21 the applicable profession. The Consultant agrees to provide the professional services that 22 are necessary to complete the requested tasks consistent with the scope of its contracted 23 discipline(s), as listed in Appendix B ("Scope"), when expressly authorized in writing by the 24 Contract Administrator. 25 J. Submissions of reports, plans, specifications, and estimates will be submitted 26 in the formats, quantities, and delivery methods delineated in Appendix D "Deliverables" 27 hereto unless other formats, quantities, and/or delivery methods have been mutually 28 agreed upon, in writing, prior to the Consultant's submittal. The Consultant shall verify 5 1 compatible format and quantity prior to final delivery. 2 K. Assist the County, at the Director's express, written authorization, with any 3 claim resolution process involving the construction contractor and the County as specified 4 hereunder, including serving as a witness in connection with any public hearing or legal 5 proceeding, and also including dispute resolutions required by law or hereunder. The 6 parties recognize that this clause is provided as a means of expediting resolution of claims 7 among the construction contractor, the County, and the Consultant. However, it is 8 understood the construction contractor is not an intended third-party beneficiary of this 9 clause. Compensation for these services shall be computed and invoiced at the same 10 hourly rates listed in Appendix E hereto, including travel costs that are being paid for the 11 Consultant's personnel services under this Agreement. Any assistance provided by the 12 Consultant as described in this Article 1, Section K shall be subject to the provisions of 13 Article 5 hereinafter, and shall also be subject to the following: 14 1. The Director may believe the Consultant's work under this Agreement 15 to have included negligent errors or omissions, or that the Consultant may otherwise have 16 failed to comply with the provisions of this Agreement, either generally or in connection with 17 its duties as associated with a particular Project; and that the cause(s) for a claim by the 18 construction contractor may be attributable, in whole or in part, to such conduct on the part 19 of the Consultant. Upon notice by the Director, the payments to the Consultant for such 20 arguably deficient services shall be held in suspense by the County until a final 21 determination has been made of the proportion that the Consultant's fault bears to the fault 22 of all other parties concerned. 23 2. Such amounts held in suspense shall not be paid to the Consultant, 24 pending the final determination as to the Consultant's proportional fault. However, the 25 appropriate percentage of such amount held in suspense shall be paid to the Consultant, 26 once a final determination has been made, and the Consultant thereafter submits a proper 27 invoice to the County. Payment shall be issued in accordance with the procedure outlined 28 in Article 5, Section E, Paragraph 2. 6 1 L. The Consultant's personnel shall typically be assigned to, and remain on, 2 specific Department projects/deliverables until completion and acceptance of the 3 project/deliverables by the Department. Personnel assigned by the Consultant shall be 4 available at the start of a Task Order and after acceptance of the project/deliverable by the 5 Department. 6 M. After the Contract Administrator's approval of the Consultant's personnel 7 proposal and finalization of a Task Order, the Consultant may not add or substitute g personnel without the Contract Administrator's prior written approval. g 2. Obligations of the County 10 The County will: 11 A. Provide eligible Consultants the opportunity to compete for Task Orders on a 12 project-by-project basis by providing a miniature Request for Proposal (mini-RFP), except 13 as specified under Section B. The Consultant's eligibility for project types, disciplines, and 14 services is listed in Appendix B. 15 B. The County reserves the right to suspend competition under this Agreement 16 and engage the services of an eligible qualified consultant from the listing attached as 17 Appendix A, in the event that one or more of the following circumstances apply to the 18 needed work: 19 1. Service is available only from a single source; 20 2. There is an emergency which will not permit the time necessary to 21 conduct competitive negotiations; 22 3. After the mini-RFP is issued (as provided in the immediately preceding 23 Section A) competition is determined to be inadequate; 24 4. Services of expert witnesses for litigation or special counsel to assist 25 the County are needed. 26 C. Issue Task Orders on a project-by-project basis. Task Orders will at a 27 minimum include scope of work, location, and schedule for the Project. 28 D. Provide the Consultant with a Project Scope and Schedule, and compensate 7 1 the Consultant as provided in this Agreement. 2 E. Provide an individual Project Administrator to serve as a representative of the 3 County who will coordinate and communicate with the Consultant on all Project technical 4 work, to the extent appropriate, in an effort to facilitate the Consultant's performance of its 5 obligations in accordance with the provisions of this Agreement. 6 F. Provide basic plan sheet layouts as required. 7 G. Examine documents submitted to the County by the Consultant and timely g render decisions pertaining thereto. 9 H. Provide aerial photographs as required. 10 I. Provide copies of any available existing as-built plans and right-of-way 11 drawings from the County's files. 12 J. Provide list of property owners with addresses for notification of property 13 owners upon the Consultant's request. 14 K. Provide preliminary engineering survey data on existing structures and 15 topographic mapping in the formats, quantities, and delivery methods delineated in 16 Appendix D to the Consultant, if available. 17 L. Prepare all legal descriptions and drawings required for right-of-way 18 acquisition and/or temporary construction permits. 19 M. Provide limited assistance to Consultant, as may be appropriate under the 20 circumstances, in connection with Consultant's processing of required permits. 21 N. Give reasonably prompt consideration to all matters submitted for approval by 22 the Consultant in an effort to assist the Consultant in avoiding any substantial delays in the 23 Consultant's program of work. An approval, authorization, or request to the Consultant 24 given by the County, will be binding upon the County under the terms of this Agreement 25 only if it is made in writing and signed on behalf of the County by the Contract 26 Administrator. 27 3. Term of Agreement 28 A. The term of this Agreement shall be for a period of three (3) years, commencing 8 1 upon execution by the County, through and including the third anniversary of the execution 2 date. 3 B. The Consultant shall commence work promptly after receipt of a Notice to 4 Proceed or Task Order issued by the Contract Administrator. The period of performance for 5 Task Orders shall be in accordance with dates specified in the Task Order. No Task Order 6 will be written which would extend the period of performance beyond the expiration date of 7 this Agreement, the maximum term of which shall not exceed three (3) years. g 4. Termination 9 A. Non-Allocation of Funds / Funding Requirements 10 The terms and conditions of this Agreement, and the services to be provided 11 hereunder, are contingent on the approval of funds by the appropriating government 12 agency. Should sufficient funds not be allocated, the services provided may be modified, or 13 this Agreement terminated, at any time by giving the Contractor thirty (30) days advance 14 written notice. This Agreement may be terminated without cause at any time by the County 15 upon thirty (30) calendar days' written notice. If the County terminates this Agreement, the 16 Consultant shall be compensated for services satisfactorily completed to the date of 17 termination based upon the compensation rates and subject to the maximum amounts 18 payable agreed to in Article 5, together with such additional services satisfactorily 19 performed after termination which are expressly authorized by the County to conclude the 20 work performed to date of termination. 21 B. Breach of Contract 22 The County may immediately suspend or terminate this Agreement in whole or in 23 part, where in the determination of the County there is: 24 1. An illegal or improper use of funds; 25 2. A failure to comply with any term of this Agreement; 26 3. A substantially incorrect or incomplete report submitted to the County; 27 4. An improperly performed service. 28 In no event shall any payment by the County constitute a waiver by the County of 9 1 any breach of this Agreement or any default which may then exist on the part of the 2 Consultant, nor shall any such payment impair or prejudice any remedy available to the 3 County with respect to the breach or default. The Director shall have the right to demand of 4 the Consultant the repayment to the County of any funds disbursed to the Consultant under 5 this Agreement, which, in the sole judgment of the County were not expended in 6 accordance with the terms of this Agreement. The Consultant shall promptly refund any 7 such funds upon demand. This Section survives the termination of this Agreement. 8 C. Without Cause 9 Under circumstances other than those set forth above, this Agreement may be 10 terminated by County upon the giving of thirty (30) days advance written notice of an 11 intention to terminate to Consultant. 12 5. Compensation, Allowable Costs and Payments 13 A. Maximum Cumulative Amount Available 14 The County has or will enter into up to 21 separate agreements, including this 15 Agreement, for performance of the Scope of Services identified hereinabove in Article 1, 16 Section A and more thoroughly in Appendix B attached hereto. The other Agreements are 17 to be entered into by the County with the other consultant firms listed, together with the 18 Consultant, on the list of consultant firms attached hereto as Appendix A. The total amount 19 payable by the County for all the Agreements combined shall not exceed a cumulative 20 maximum total value of Six Million Five Hundred Thousand Dollars ($6,500,000), which 21 "Not to Exceed Sum" hereinafter shall be referenced as the "NTE Sum". 22 It is understood and agreed that there is no guarantee, either expressed or implied, 23 that all or any specific portion of this maximum NTE Sum will be authorized under the On- 24 Call Engineering Consultant Agreements through Task Orders. It is further understood and 25 agreed that there is no guarantee, either expressed or implied, that any Task Order will be 26 assigned to the Consultant or that the Consultant will receive any payment whatsoever, 27 under the terms of this Agreement. Each time a Task Order is awarded under any of the 28 Agreements, the County shall send written notification to the Consultant and each of the 10 1 other consultants that entered into the Agreements. Each such notice shall identify the 2 cumulative total of funds allocated under all Task Orders issued hereunder as of that date, 3 and the remaining unencumbered amount of the NTE Sum. The Consultant acknowledges 4 and agrees that the Count shall not pay any amount under this Agreement that would 5 cause the NTE Sum to be exceeded, and the Consultant shall not enter into a Task Order 6 that exceeds the remaining unencumbered amount of the NTE Sum. 7 B. Consultant Fee 8 1. The approved Consultant's Cost Proposal is attached hereto as 9 Appendix E and incorporated by this reference as though fully set forth herein. If there is 10 any conflict between the provisions set forth in the text of this Agreement and the approved 11 Cost Proposal (Appendix E), this Agreement shall take precedence. 12 2. The hourly and cost rates listed in Appendix E for services 13 rendered by the Consultant and subconsultants shall remain in effect for the entire duration 14 of this Agreement unless adjusted in accordance with the provisions of Paragraphs 3, 5, or 15 6 of this Article 5, Section B. 16 3. The hourly rates paid for services performed by the Consultant and 17 by subconsultants of the Consultant and the rates for expenses incidental to the 18 Consultant's and its subconsultants' performance of services may be adjusted no more 19 than once annually for inflation, in accordance with the following provisions: the Consultant 20 may request new labor rates and new rates for expenses incidental to the Consultant's and 21 subconsultant's performance of services subject to written approval of the Contract 22 Administrator in accordance with the provisions of this Article 5, Section B. The Consultant 23 shall initiate the rate adjustment process by submitting to the Contract Administrator a 24 proposed adjusted fee schedule. The proposed adjusted fee schedule shall include 25 proposed hourly rates for all categories of the Consultant's and any subconsultants' wage 26 classifications and proposed rates for incidental expenses listed in Appendix E. The 27 proposed adjusted fee schedule shall not take effect unless approved in writing by the 28 Contract Administrator. The Consultant hereby acknowledges its understanding that 11 1 approval by the Contract Administrator of any upward adjustment in the hourly and cost 2 rates shall not provide a basis for any increase in the NTE Sum as set forth in Article 5, 3 Section A. 4 4. Expenses incidental to the Consultant's and any subconsultant's 5 performance of services under Article 5 of this Agreement shall be charged at the rates 6 listed in Appendix E, subject to any adjustments that may be approved in accordance with 7 Paragraphs 3, 5, or 6 of this Article 5, Section B. Unless incorporated in an adjusted fee 8 schedule approved by the Contract Administrator in accordance with Paragraphs 3, 5, or 6 9 of this Article 5, Section B, all other expenses incidental to the Consultant's and any 10 subconsultant's performance of the services under Article 1 of this Agreement that are not 11 specifically listed in Appendix E shall be borne by the Consultant. 12 5. In the event that, in accordance with Article 1, Section D, the 13 Contract Administrator approves the Consultant to retain additional subconsultants not 14 listed in Appendix H, hourly rates paid for services performed by such additional 15 subconsultants of the Consultant and the rates for expenses incidental to those additional 16 subconsultants' performance of services may be adjusted no more than once annually for 17 inflation, in accordance with Article 5, Section B, Paragraph 3. The first annual adjustment 18 of hourly and incidental expense rates for such additional subconsultants shall not be 19 submitted for approval prior to one year after the Contract Administrator's approval of the 20 retention of such additional subconsultant(s) by the Consultant. 21 6. Notwithstanding any other provisions in this Agreement, the 22 Contract Administrator may, at any time, authorize in writing the revision of the Consultant's 23 or subconsultant's list of rates for incidental expenses to include additional categories of 24 such expenses if, in the opinion of the Contract Administrator, such revision is necessary to 25 facilitate the Consultant's performance of the Project(s). 26 7. Reimbursement for transportation and subsistence costs shall not 27 exceed the rates as specified in the approved Cost Proposal (Appendix E). The Consultant 28 will be responsible for transportation and subsistence costs in excess of State rates. 12 1 8. The consideration to be paid to Consultant as provided herein, shall 2 be in compensation for all of Consultant's expenses incurred in the performance hereof, 3 including travel and per diem, unless otherwise expressly so provided. 4 C. Not used 5 D. Retention 6 In addition to any amounts withheld under Article 1, the Consultant agrees that the 7 County, at the discretion of the Contract Administrator, may withhold a five percent (5%) 8 retention from the earned compensation of the Consultant. If the Contract Administrator 9 determines that retention will not be withheld for a Project, the Contract Administrator will 10 so state in writing prior to commencement of the Project by the Consultant. The Contract 11 Administrator will identify in writing prior to commencement of the Project the Project- 12 specific prerequisites (such as successful completion of a Project phase, as an example) 13 for the release of retentions. 14 E. Payments 15 1. Progress payments will be made by the County upon receipt of the 16 Consultant's monthly invoices and approval by the Contract Administrator thereof based on 17 the Contract Administrator's evaluation of the completion of the respective components of 18 the assigned Project. Invoices shall clearly identify the Project by Name(s), the Phase, and 19 20 Task(s), comprising the work that is the subject of the invoice, the Notice to Proceed or 21 Task Order number, and the date(s) on which the work was performed. Invoices shall be 22 submitted together with the documentation identified below in Paragraph 5 of this Article 5, 23 Section E. Invoices shall be forwarded electronically to: 24 PWPBusinessOffice(o)_fresnocountyca.gov 25 2. Upon receipt of a proper invoice, the Contract Administrator will take 26 a maximum of ten (10) working days to review, approve, and submit it to the County 27 Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be 28 13 1 returned to the Consultant for correction and resubmittal. Payment, less retention if 2 applicable, will be issued to the Consultant within forty-five (45) calendar days of the date 3 the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice. 4 3. The County is entitled to withhold a five percent (5%) retention from 5 the Consultant's earned compensation in accordance with the provisions of Article 5, 6 Section D of this Agreement. 7 4. An unresolved dispute over a possible error or omission may cause 8 payment of the Consultant fees in the disputed amount to be withheld by the County. 9 5. Concurrently with the invoices, the Consultant shall certify (through 10 copies of issued checks, receipts, or other County pre-approved documentation) that 11 complete payment, less a five percent (5%) retention if applicable, has been made to all 12 subconsultants as provided herein for all previous invoices paid by the County. However, 13 14 the parties do not intend that the foregoing creates, as to any subconsultants or 15 subcontractors, any purported third-party beneficiary status or any third-party beneficiary 16 rights whatsoever, and the parties do hereby expressly disclaim any such status or rights. 17 6. Final invoices, and separate invoices for retentions, shall be 18 submitted to Contract Administrator no later than thirty (30) days after the phase is 19 completed. Payment for retentions, if any, shall not be made until all services for the phase 20 are completed. 21 7. In the event the Director reduces the scope of the Consultant's work 22 under this Agreement for a specific Project (or discontinues a specific Project), whether due 23 to a deficiency in the appropriation of anticipated funding or otherwise, the Consultant will 24 be compensated on a pro rata basis for actual work completed and accepted by the 25 Director in accordance with the terms of this Agreement. 26 27 28 14 1 F. Notice to Proceed / Task Orders / Project Cost Proposal 2 1. Upon the acceptance of a project proposal submitted by the 3 Consultant in accordance with the provisions of Article 1, Section I, and if an agreement 4 has been reached on the negotiable items and total cost in connection therewith, then a 5 specific Project will be assigned to the Consultant through issuance by the Contract 6 Administrator of one or more Task Orders or Notices to Proceed (NTP). Task Orders may 7 be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both 8 of which must be based on the labor and other rates set forth in the Consultant's approved 9 Cost Proposal (Appendix E to this Agreement). 10 2. A Project Cost Proposal is of no force or effect and no expenditures 11 are authorized on a Project and work shall not commence until a Notice to Proceed for that 12 Project has been issued by the County. 13 3. If the Consultant fails to satisfactorily complete a deliverable 14 15 according to the schedule set forth in a Task Order, no payment will be made until the 16 deliverable has been satisfactorily completed. 17 4. When milestone or phase cost estimates are included in the Project 18 Cost Proposal and/or Task Order, the Consultant shall obtain prior written approval for a 19 revised Project Cost Proposal from the Contract Administrator before exceeding such 20 estimate. 21 5. The Consultant shall not commence performance of any work or 22 services hereunder until this Agreement has been formally approved by the County and a 23 Notice to Proceed on a specific Project has been issued by the County's Contract 24 Administrator. No payment will be made prior to approval or for any work performed by the 25 Consultant prior to the County's formal approval of this Agreement. 26 6. The period of performance for each Notice to Proceed shall be in 27 accordance with dates specified in the Notice to Proceed. Consistent with the provisions of 2s 15 1 Article 3, Section B, no Notice to Proceed will be issued that would extend the Consultant's 2 period of performance beyond the expiration date of this Agreement. 3 7. Notices to Proceed may not be used to amend any provision of this 4 Agreement or to expand the scope of the Consultant's work as authorized under the 5 provisions of this Agreement. 6 6. Independent Contractor 7 A. In performance of the work, duties and obligations assumed by the Consultant 8 under this Agreement, it is mutually understood and agreed that the Consultant, including any 9 and all of the Consultant's officers, agents, and employees will at all times be acting and 10 performing as an independent contractor, and shall act in an independent capacity and not as 11 an officer, agent, servant, employee, joint venturer, partner, or associate of the County. 12 Furthermore, the County shall have no right to control or supervise or direct the manner or 13 method by which the Consultant shall perform its work and function. However, the County 14 shall retain the right to administer this Agreement so as to verify that the Consultant is 15 performing its obligations in accordance with the terms and conditions thereof. 16 B. The Consultant and the County shall comply with all applicable provisions of law 17 and the rules and regulations, if any, of governmental authorities having jurisdiction over 18 matters the subject thereof. 19 C. Because of its status as an independent contractor, the Consultant shall have 20 absolutely no right to employment rights and benefits available to County employees. The 21 Consultant shall be solely liable and responsible for providing to, or on behalf of, its 22 employees all legally-required employee benefits. In addition, the Consultant shall be solely 23 responsible and save the County harmless from all matters relating to payment of the 24 Consultant's employees, including compliance with Social Security withholding and all other 25 regulations governing such matters. It is acknowledged that during the term of this 26 Agreement, the Consultant may be providing services to others unrelated to the County or to 27 this Agreement. 28 16 1 7. Modification / Change in Terms 2 A. This Agreement may be amended or modified only by mutual written agreement 3 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article 4 7, Section C, and Article 16, Section A, any such written amendment to this Agreement 5 may be approved on the County's behalf only by its Board of Supervisors. 6 B. The Consultant shall only commence work covered by an amendment after the 7 amendment has been fully executed and written notification to proceed has been issued by 8 the Contract Administrator. 9 C. There shall be no change in Consultant's Project Manager or members of the 10 project team, as listed in Appendix A and the approved Cost Proposal (Appendix E, which 11 is incorporated as a part of this Agreement as provided in Article 5, Section 1), without prior 12 written approval by the County's Contract Administrator. Any substitutions of personnel 13 must be approved in advance by the Contract Administrator, which approval shall not be 14 unreasonably withheld. The Consultant shall notify the Contract Administrator of the names 15 and classifications of employees assigned to each specific Project and shall not reassign 16 such employees to other projects of the Consultant without notification to and prior approval 17 by the Contract Administrator. 18 8. Non-Assignment 19 Neither party shall assign, transfer or sub-contract this Agreement or any of its 20 respective rights or duties under this Agreement hereunder, without the prior written 21 consent of the other party. 22 9. Hold Harmless 23 A. The Consultant shall defend, hold harmless and indemnify the County, its 24 officers, agents, and employees, against the payment of any and all costs and expenses 25 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and 26 liability for bodily and personal injury to or death of any person or for loss of any property, 27 economic loss or otherwise resulting from or arising out of any negligent or wrongful acts, 28 errors or omissions of the Consultant, its officers, agents, and employees, in performing or 17 1 failing to perform any work, services, or functions under this Agreement. Provided, 2 however, and notwithstanding the immediately preceding sentence, with respect to any 3 Project on which the Consultant has provided design professional services as defined by 4 Civil Code Section 2782.8(c), the Consultant has no obligation to pay for any defense 5 related cost prior to a final determination of its liability, based upon the percentage of 6 comparative fault (if any) finally determined to be attributable to the Consultant's 7 negligence, recklessness or willful misconduct. Following any such determination, the 8 Consultant shall be responsible to pay to the County the dollar amount of all such defense 9 costs incurred by the County that is commensurate with the finally determined percentage 10 of the Consultant's liability, based upon the final determination of the Consultant's 11 comparative fault. The provisions of this Article 9, Section A shall survive termination of this 12 Agreement. 13 B. The County and the Consultant hereby declare their mutual intent to 14 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the 15 negligent performance or failure to perform of any County construction contractor (or its 16 subcontractor(s)) involved in the construction of any Project(s). Such cooperation may 17 include an agreement to prepare and present a cooperative defense after consultation with 18 the Consultant's professional liability insurance carrier. 19 10. Liability Insurance 20 Without limiting the County's right to obtain indemnification from the Consultant or 21 any third parties, the Consultant, at its sole expense, shall maintain in full force and effect, 22 the following insurance policies prior to commencement of any work for the County and, 23 thereafter, throughout the entire term of this Agreement. 24 A. Commercial General Liability 25 Commercial General Liability Insurance with limits of not less than Two Million 26 Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four 27 Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. The 28 County may require specific coverages including completed operations, products liability, 18 1 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability 2 insurance deemed necessary because of the nature of this Agreement. 3 B. Automobile Liability 4 Comprehensive Automobile Liability Insurance with limits of not less than One 5 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. 6 Coverage should include any automobile's used in connection with this Agreement. 7 C. Professional Liability Insurance: 8 1. If the Consultant employs licensed professional staff in providing 9 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00) 10 per claim, Three Million Dollars ($3,000,000.00) annual aggregate. 11 2. The Professional Liability Insurance shall be kept in full force and 12 effect for a period of five (5) years from the date of substantial completion of the 13 Consultant's work as determined by the County. 14 D. Worker's Compensation 15 A policy of Worker's Compensation insurance as may be required by the California 16 Labor Code. 17 E. Additional Requirements Relating to Insurance 18 The Consultant shall obtain endorsements to the Commercial General Liability 19 insurance naming the County of Fresno, its officers, agents, and employees, individually and 20 collectively, as additional insured, but only insofar as the operations under this Agreement 21 are concerned. Such coverage for additional insured shall apply as primary insurance and 22 any other insurance, or self-insurance, maintained by the County, its officers, agents, and 23 employees shall be excess only and not contributing with insurance provided under the 24 Consultant's policies required herein. This insurance shall not be cancelled or changed 25 without a minimum of thirty (30) days advance written notice given to the County. 26 The Consultant hereby waives its right to recover from the County, its officers, agents, 27 and employees any amounts paid by the policy of worker's compensation insurance required 28 19 1 by this Agreement. The Consultant is solely responsible to obtain any endorsement to such 2 policy that may be necessary to accomplish such waiver of subrogation, but the Consultant's 3 waiver of subrogation under this paragraph is effective whether or not the Consultant obtains 4 such an endorsement. 5 Prior to commencing any such work under this Agreement, the Consultant shall 6 provide certificates of insurance and endorsements as stated above for all of the foregoing 7 policies, as required herein, to the County of Fresno, Erin Haagenson, Program Manager, 8 2220 Tulare St., Sixth Floor, Fresno, CA 93721, stating that such insurance coverages have 9 been obtained and are in full force; that the County of Fresno, its officers, agents and 10 employees will not be responsible for any premiums on the policies; that for such worker's 11 compensation insurance the Consultant has waived its right to recover from the County, it 12 officers, agents, and employees any amounts paid under the insurance policy and that waive 13 does not invalidate the insurance policy; that such Commercial General Liability insurance 14 names the County of Fresno, its officers, agents and employees, individually and collectively, 15 as additional insured, but only insofar as the operations under this Agreement are concerned; 16 that such coverage for additional insured shall apply as primary insurance and any other 17 insurance, or self-insurance, maintained by the County, its officers, agents and employees, 18 shall be excess only and not contributing with insurance provided under the Consultant's 19 policies herein; and that this insurance shall not be cancelled or changed without a minimum 20 of thirty (30) days advance, written notice given to the County. 21 All policies shall be issued by admitted insurers licensed to do business in the State 22 of California, and such insurance shall be purchased from companies possessing a current 23 A.M. Best, Inc. rating of A FSC VII or better. 24 The Consultant agrees that the bodily injury liability insurance herein provided for, 25 shall be in effect at all times during the term of this Agreement. In the event said insurance 26 coverage expires at any time or times during the term of this Agreement, Consultant agrees 27 to provide at least thirty (30) calendar days prior notice to said expiration date; and a new 28 Certificate of Insurance evidencing insurance coverage as provided for herein, for not less 20 1 than either the remainder of the term of the Agreement, or for a period of not less than one 2 (1) year. New Certificates of Insurance are subject to the approval of County. 3 In the event the Consultant fails to keep in effect at all times the insurance 4 coverages as required by this Article 10, the County may, in addition to any other remedies 5 it may have, suspend or terminate this Agreement upon occurrence of such failure, or may 6 purchase such insurance coverage and charge the cost of the coverage to the Consultant. 7 The County may offset such charges against any amounts owed by the County to the 8 Consultant under this Agreement. 9 11. Audits / Retention of Records 10 A. The Consultant shall at any time during business hours, and as often as the 11 County may deem necessary, make available to the County for examination all of its 12 records and data with respect to the matters covered by this Agreement. The Consultant 13 shall, upon request by the County, permit the County to audit and inspect all of such 14 records and data, including but not limited to, the costs of administering this Agreement, 15 necessary to ensure the Consultant's compliance with the terms of this Agreement (and 16 compliance with Public Contract Code 10115, et seq. and Title 21, California Code of 17 Regulations, Chapter 21, Section 2500 et seq., when applicable). 18 B. For the purpose of determining compliance with Gov. Code § 8546.7, the 19 Consultant, its subconsultants, and County shall maintain all books, documents, papers, 20 accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other 21 evidence pertaining to the performance of the Agreement including, but not limited to, the 22 costs of administering the Agreement. All parties, including the Consultant's Independent 23 CPA, shall make such workpapers and materials available at their respective offices at all 24 reasonable times during the Agreement period and for three (3) years from the date of final 25 payment under the Agreement. The County, Caltrans Auditor, FHWA, or any duly 26 authorized representative of the Federal government having jurisdiction under Federal laws 27 or regulations (including without limitation when such jurisdiction is based upon Federal 28 funding of the Project in whole or in part) shall have access to any books, records, and 21 1 documents of the Consultant, its subconsultants, and the Consultant's Independent CPA, 2 that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, 3 and transactions, and copies thereof shall be furnished if requested without limitation. It 4 shall be the responsibility of the Consultant to ensure that all subcontracts in excess of 5 $25,000 shall contain this provision. 6 C. This Article 11 survives the termination of this Agreement. 7 12. Notices 8 The delivery of all notices hereunder and communications regarding interpretation of 9 the terms of this Agreement and any proposed changes thereto, shall be accomplished by 10 sending an e-mail, addressed to the Contract Administrator and the Consultant's Project 11 Manager as identified on Pages 3 and 4 of this Agreement. For all claims arising out of or 12 related to this Agreement, nothing in this section establishes, waives, or modifies any 13 claims presentation requirements or procedures provided by law, including but not limited 14 to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning 15 with section 810). 16 13. Governing Law 17 Venue for any action arising out of or related to this Agreement shall only be in 18 Fresno County, California. 19 The rights and obligations of the parties and all interpretation and performance of 20 this Agreement shall be governed in all respects by the laws of the State of California. 21 14. Disclosure of Self-Dealing Transactions 22 This provision is only applicable if the Consultant is operating as a corporation (a for- 23 profit or non-profit corporation) or if during the term of this Agreement, the Consultant 24 changes its status to operate as a corporation. Members of the Consultant's Board of 25 Directors shall disclose any self-dealing transactions that they are a party to while the 26 Consultant is providing goods or performing services under this Agreement. A self-dealing 27 transaction shall mean a transaction to which the Consultant is a party and in which one or 28 more of its directors has a material financial interest. Members of the Board of Directors 22 1 shall disclose any self-dealing transactions that they are a party to by completing and 2 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Appendix G and 3 incorporated herein by reference, and submitting it to the County prior to commencing with 4 the self-dealing transaction or immediately thereafter. 5 15. Electronic Signature 6 The parties agree that this Agreement may be executed by electronic signature as 7 provided in this section. 8 A. An "electronic signature" means any symbol or process intended by an g individual signing this Agreement to represent their signature, including but not limited to: 10 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an 11 electronically scanned and transmitted (for example by PDF document) version of an 12 original handwritten signature. 13 B. Each electronic signature affixed or attached to this Agreement: (1) is 14 deemed equivalent to a valid original handwritten signature of the person signing this 15 Agreement for all purposes, including but not limited to evidentiary proof in any 16 administrative or judicial proceeding; and (2) has the same force and effect as the valid 17 original handwritten signature of that person. 18 C. The provisions of this section satisfy the requirements of Civil Code section 19 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 20 Part 2, Title 2.5, beginning with section 1633.1). 21 D. Each party using a digital signature represents that it has undertaken and 22 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs 23 (1) through (5), and agrees that each other party may rely upon that representation. 24 E. This Agreement is not conditioned upon the parties conducting the 25 transactions under it by electronic means and either party may sign this Agreement with an 26 original handwritten signature. 27 16. Subconsultants 28 A. The Consultant may retain, as subconsultants, specialists in such engineering 23 1 disciplines (including, but not limited to, structural, mechanical, transportation, 2 environmental, water resources, electrical, surveying and geotechnical) as the Consultant 3 requires to assist in completing the work. The subconsultants listed in Appendix H, 4 attached hereto and incorporated herein, shall be considered as approved by the Contract 5 Administrator. Any other subconsultants proposed for use by the Consultant shall be 6 approved in writing by the Contract Administrator before they are retained by the 7 Consultant, which approval shall not be unreasonably withheld. g B. Should the Consultant retain any subconsultants, the maximum amount of 9 compensation to be paid to the Consultant under Article 5 shall not be increased. Any 10 additional compensation to be paid to the Consultant for such subconsultants' work shall be 11 limited to administrative time as defined in the fee proposal. Additional fees other than 12 those defined in the fee proposal shall not be reimbursed. 13 C. Consultant shall be as fully responsible to the County for the negligent acts 14 and omissions of its contractors and subcontractors or subconsultants, and of persons 15 either directly or indirectly employed by them, in the same manner as persons directly 16 employed by Consultant. 17 D. Nothing contained in this Agreement shall create any contractual relationship 18 between the County and any of the Consultant's subconsultants, and no subconsultant 19 agreement shall relieve the Consultant of any of its responsibilities and obligations 20 hereunder. The Consultant agrees to be as fully responsible to the County for the acts and 21 omissions of its subconsultants and of persons either directly or indirectly employed by any 22 of them as it is for the acts and omissions of persons directly employed by the Consultant. 23 The Consultant's obligation to pay its subconsultants is a separate and independent 24 obligation that is entirely unrelated to the County's obligation to make payments to the 25 Consultant. 26 E. The C shall perform the work contemplated with resources available within its 27 own organization; and no portion of the work pertinent to this contract shall be 28 subcontracted without prior written authorization by the Contract Administrator, excepting 24 1 only those portions of the work and the responsible subconsultants that are expressly 2 identified in Appendix H. 3 F. Any subcontract in excess of $25,000 entered into as a result of this 4 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to 5 subcontractors. 6 G. The Consultant shall pay its subconsultants within fifteen (15) calendar days 7 from receipt of each progress payment made to the Consultant by the County. 8 H. Any substitution of subconsultant(s) must be approved in writing by the 9 Contract Administrator in advance of assigning work to a substitute subconsultant. 10 I. Prompt Progress Payment 11 The Consultant or subconsultant shall pay to any subconsultant, not later than fifteen 12 (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the 13 respective amounts allowed Consultant on account of the work performed by the 14 subconsultants, to the extent of each subconsultant's interest therein. In the event that 15 there is a good faith dispute over all or any portion of the amount due on a progress 16 payment from the Consultant or subconsultant to a subconsultant, the Consultant or 17 subconsultant may withhold no more than 150 percent (150%) of the disputed amount. Any 18 violation of this requirement shall constitute a cause for disciplinary action and shall subject 19 the violator to a penalty, payable to the subconsultant, of two percent (2%) of the amount 20 due per month for every month that payment is not made. 21 In any action for the collection of funds wrongfully withheld, the prevailing party shall 22 be entitled to his or her attorney's fees and costs. The sanctions authorized under this 23 requirement shall be separate from, and in addition to, all other remedies, either civil, 24 administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants. 25 J. Prompt Payment of Withheld Funds to Subconsultants 26 The County may hold retainage from the Consultant as provided in Article 5, Section 27 D. 28 1. If the County has elected to hold retainage for a Project under Article 5, 25 1 Section D, the County shall hold retainage from the Consultant and shall make prompt and 2 regular incremental acceptances of portions, as determined by the County of the contract 3 work and pay retainage to the Consultant based on these acceptances. The Consultant or 4 subconsultant shall return all monies withheld in retention from all subconsultants within 5 fifteen (15) days after receiving payment for work satisfactorily completed and accepted 6 including incremental acceptances of portions of the contract work by the County. Any 7 delay or postponement of payment may take place only for good cause and with the 8 County's prior written approval, in order to ensure prompt and full payment of any retainage 9 kept by the Consultant or subconsultant to a subconsultant. 10 Any violation of these provisions shall subject the violating Consultant or 11 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of 12 the California Civil Code. This requirement shall not be construed to limit or impair any 13 contractual, administrative or judicial remedies otherwise available to the Consultant or 14 subconsultant in the event of a dispute involving late payment or nonpayment by the 15 Consultant or deficient subconsultant performance and/or noncompliance by a 16 subconsultant. This clause applies to both DBE and non-DBE subconsultants. 17 2. If the County has elected not to hold retainage for a Project under Article 5, 18 Section D, no retainage will be held by the County from progress payments due to the 19 Consultant; and in such case, the Consultant and its subconsultants are prohibited from 20 holding retainage from their subconsultants. Any delay or postponement of payment may 21 take place only for good cause and with the County's prior written approval. 22 Any violation of these provisions shall subject the violating Consultant or 23 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of 24 the California Civil Code. This requirement shall not be construed to limit or impair any 25 contractual, administrative or judicial remedies otherwise available to the Consultant or 26 subconsultant in the event of a dispute involving late payment or nonpayment by the 27 Consultant, or deficient subconsultant performance and/or noncompliance by a 28 subconsultant. This clause applies to both DBE and non-DBE subconsultants. 26 1 17. Conflict of Interest 2 A. The Consultant shall comply with the provisions of the Fresno County 3 Department of Public Works and Planning Conflict of Interest Code, attached hereto as 4 Appendix I and incorporated herein by this reference. Such compliance shall include the 5 filing of annual statements pursuant to the regulations of the State Fair Political Practices 6 Commission including, but not limited to, portions of Form 700. 7 B. During the term of this Agreement, the Consultant shall disclose any financial, 8 business, or other relationship with the County that may have an impact upon the outcome 9 of this contract, or any ensuing County construction project. The Consultant shall also list 10 current clients who may have a financial interest in the outcome of this contract, or any 11 ensuing County construction project, which will follow. 12 C. The Consultant certifies that it has disclosed to the County any actual, apparent, 13 or potential conflicts of interest that may exist relative to the services to be provided 14 pursuant to this Agreement. The Consultant agrees to advise the County of any actual, 15 apparent or potential conflicts of interest that may develop subsequent to the date of 16 execution of this Agreement. The Consultant further agrees to complete any statements of 17 economic interest if required by either County ordinance or State law. 18 D. The Consultant hereby certifies that it does not now have nor shall it acquire any 19 financial or business interest that would conflict with the performance of services under this 20 Agreement. 21 E. The Consultant hereby certifies that the Consultant or subconsultant and any firm 22 affiliated with the Consultant or subconsultant that bids on any construction contract or on 23 any Agreement to provide construction inspection for any construction project resulting 24 from this Agreement, has established necessary controls to ensure a conflict of interest 25 does not exist. An affiliated firm is one which is subject to the control of the same persons, 26 through joint ownership or otherwise. 27 F. The Consultant and affiliated subconsultants shall not submit bids, or sub-bids, 28 for the contract construction phase of the Project(s) assigned to the Consultant. The 27 1 Consultant and its subconsultants, and all other service providers, shall not provide any 2 Project-related services for, or receive any Project-related compensation from any 3 construction contractor, subcontractor or service provider awarded a construction contract 4 (hereinafter referred to as "contractor") for all or any portion of the Project(s) for which the 5 Consultant provides services hereunder. The Consultant and its subconsultants, and all 6 other service providers, may provide services for, and receive compensation from a 7 contractor who has been awarded a construction contract for all or any portion of the 8 Project(s), provided that any such services which are rendered, and any compensation g which is received therefor, relates to work outside the scope of the Agreement and does 10 not pose a conflict of interest. 11 G. Except for subconsultants or subcontractors whose services are limited to 12 providing surveying or materials testing information, no subcontractor who has provided 13 design services in connection with this contract shall be eligible to bid on any construction 14 contract, or on any contract to provide construction inspection for any construction project 15 resulting from this contract; provided, however, that this shall not be construed as 16 disallowing subcontractors who have provided design services for the Project from 17 performing, pursuant to this Agreement or other agreement with the County, construction 18 inspection services on behalf of the County for the Project. 19 18. Errors or Omissions Claims and Disputes 20 A. Definitions: 21 1. A "Consultant" is a duly licensed architect or engineer, or other provider of 22 professional services, acting as a business entity (owner, partnership, corporation, joint 23 venture or other business association) in accordance with the terms of an agreement with 24 the County. 25 2. A "Claim" is a demand or assertion by one of the parties seeking, as a 26 matter of right, adjustment or interpretation of contract terms, payment of money, extension 27 of time, change orders, or other relief with respect to the terms of the contract. The term 28 "Claim" also includes other disputes and matters in question between the County and the 28 1 Consultant arising out of or relating to the contract. Claims must be made by written notice. 2 The provisions of Government Code section 901, et seq., shall apply to every claim made 3 to the County. The responsibility to substantiate claims shall rest with the party making the 4 claim. The term "Claim" also includes any allegation of an error or omission by the 5 Consultant. 6 B. In the spirit of cooperation between the County and the Consultant, the following 7 procedures are established in the event of any claim or dispute alleging a negligent error, 8 act, or omission, of the Consultant. 9 1. Claims, disputes or other matters in question between the parties, arising 10 out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject 11 to the following procedures. 12 2. The County and the Consultant shall meet and confer and attempt to 13 reach agreement on any dispute, including what damages have occurred, the measure of 14 damages and what proportion of damages, if any, shall be paid by either party. The parties 15 agree to consult and consider the use of mediation or other form of dispute resolution prior 16 to resorting to litigation. 17 3. If the County and the Consultant cannot reach agreement under Article 18, 18 Section B, Paragraph 2, the disputed issues may, upon concurrence by all parties, be 19 submitted to a panel of three (3) for a recommended resolution. The Consultant and the 20 County shall each select one (1) member of the panel, and the third member shall be 21 selected by the other two panel members. The discovery rights provided by California Code 22 of Civil Procedure for civil proceedings shall be available and enforceable to resolve the 23 disputed issues. Either party requesting this dispute resolution process shall, when invoking 24 the rights to this panel, give to the other party a notice describing the claims, disputes and 25 other matters in question. Prior to twenty (20) working days before the initial meeting of the 26 panel, both parties shall submit all documents such party intends to rely upon to resolve 27 such dispute. If it is determined by the panel that any party has relied on such 28 documentation but has failed to previously submit such documentation on a timely basis to 29 1 the other party, the other party shall be entitled to a twenty (20) working day continuance of 2 such initial meeting of the panel. The decision by the panel is not a condition precedent to 3 arbitration, mediation or litigation. 4 4. Upon receipt of the panel's recommended resolution of the disputed 5 issue(s), the County and the Consultant shall again meet and confer and attempt to reach 6 agreement. If the parties still are unable to reach agreement, each party shall have 7 recourse to all appropriate legal and equitable remedies. 8 C. The procedures to be followed in the resolution of claims and disputes may be 9 modified any time by mutual agreement of the parties hereto. 10 D. The Consultant shall continue to perform its obligations under this Agreement 11 pending resolution of any dispute, and the County shall continue to make payments of all 12 undisputed amounts due under this Agreement. 13 E. When a claim by either party has been made alleging the Consultant's negligent 14 error, act, or omission, the County and the Consultant shall meet and confer within twenty- 15 one (21) working days after the written notice of the claim has been provided. 16 19. Ownership of Data 17 A. All documents, including preliminary documents, calculations, and survey data, 18 required in performing services under this Agreement shall be submitted to, and shall 19 remain at all times the property of the County regardless of whether they are in the 20 possession of the Consultant or any other person, firm, corporation or agency. 21 B. The Consultant understands and agrees the County shall retain full ownership 22 rights of the drawings and work product of the Consultant for the Project, to the fullest 23 extent permitted by law. In this regard, the Consultant acknowledges and agrees the 24 Consultant's services are on behalf of the County and are "works made for hire," as that 25 term is defined in copyright law, by the County; that the drawings and work product to be 26 prepared by the Consultant are for the sole and exclusive use of the County, and that the 27 County shall be the sole owner of all patents, copyrights, trademarks, trade secrets and 28 other rights and contractual interests in connection therewith which are developed and 30 1 compensated solely under this Agreement; that all the rights, title and interest in and to the 2 drawings and work product will be transferred to the County by the Consultant to the extent 3 the Consultant has an interest in and authority to convey such rights; and the Consultant 4 will assist the County to obtain and enforce patents, copyrights, trademarks, trade secrets, 5 and other rights and contractual interests relating to said drawings and work product, free 6 and clear of any claim by the Consultant or anyone claiming any right through the 7 Consultant. The Consultant further acknowledges and agrees the County's ownership 8 rights in such drawings or work product, shall apply regardless of whether such drawings or 9 work product, or any copies thereof, are in possession of the Consultant, or any other 10 person, firm, corporation, or entity. For purposes of this Agreement the terms "drawings" 11 and "work product" shall mean all reports and study findings commissioned to develop the 12 Project design, drawings and schematic or preliminary design documents, certified 13 reproducibles of the original final construction contract drawings, specifications, the 14 approved estimate, record drawings, as-built plans, and discoveries, developments, 15 designs, improvement, inventions, formulas, processes, techniques, or specific know-how 16 and data generated or conceived or reduced to practice or learning by the Consultant, 17 either alone or jointly with others, that result from the tasks assigned to the Consultant by 18 the County under this Agreement. 19 C. If this Agreement is terminated during or at the completion of any phase under 20 Article 3, electronic and reproducible copies of report(s) or preliminary documents shall be 21 submitted by the Consultant to the County, which may use them to complete the Project(s) 22 at a future time. 23 D. If the Project is terminated at the completion of a construction document phase o 24 the Project, electronic and certified reproducibles on 4 mil thick double matte film of the 25 original final construction contract drawings, specifications, and approved engineer's 26 estimate shall be submitted by the Consultant to the County. 27 E. Documents, including drawings and specifications, prepared by the Consultant 28 pursuant to this Agreement are intended to be suitable for reuse by the County or others on 31 1 extensions of the services provided for Project. Any use of completed documents for 2 projects other than Project(s) and/or any use of uncompleted documents will be at the 3 County's sole risk and without liability or legal exposure to the Consultant. 4 The electronic files provided by the Consultant to the County are submitted for an 5 acceptance period lasting until the expiration of this Agreement (i.e., throughout the 6 duration of the contract term, including any extensions). Any defects the County discovers 7 during such acceptance period will be reported to the Consultant and will be corrected as 8 part of the Consultant's "Basic Scope of Work." g F. The Consultant shall not be liable for claims, liabilities or losses arising out of, or 10 connected with (1) the modification or misuse by the County or anyone authorized by the 11 County, of such CAD data, or (2) decline of accuracy or readability of CAD data due to 12 inappropriate storage conditions or duration; or (3) any use by the County, or anyone 13 authorized by the County, of such CAD data or other Project documentation for additions to 14 the Project for the completion of the Project by others, or for other projects; except to the 15 extent that said use may be expressly authorized, in writing, by the Consultant. 16 G. The County, on the discretion of its Board of Supervisors, may permit the 17 copyrighting of reports or other products. If copyrights are permitted, the Consultant hereby 18 agrees, and this Agreement shall be deemed to provide that the Federal Highway 19 Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce, 20 publish, or otherwise use, and to authorize others to use, the work for government 21 purposes. 22 20. Consultant's Legal Authority 23 The Contractor represents and warrants to the County that: 24 A. The Contractor is duly authorized and empowered to sign and perform its 25 obligations under this Agreement; and 26 27 28 32 1 B. The individual signing this Agreement on behalf of the Contractor is duly 2 authorized to do so and his or her signature on this Agreement legally binds the Contractor 3 to the terms of this Agreement. 4 21. Binding Upon Successors 5 This Agreement shall be binding upon and inure to the benefit of the parties and 6 their respective successors in interest, assigns, legal representatives, and heirs. 7 22. Severability 8 If any part of this Agreement is determined by a court of competent jurisdiction to be 9 unlawful or otherwise unenforceable, then this Agreement shall be construed as not 10 containing such provision, and all other provisions which are otherwise lawful shall remain 11 in full force and effect, and to this end the provisions of this Agreement are hereby declared 12 to be severable. 13 23. State Prevailing Wage Rates 14 A. No Consultant or subconsultant may be awarded an Agreement containing public 15 work elements unless registered with the Department of Industrial Relations (DIR) pursuant 16 to Labor Code section 1725.5. Registration with DIR must be maintained throughout the 17 entire term of this Agreement, including any subsequent amendments. 18 B. The Consultant shall comply with all of the applicable provisions of the California 19 Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate 20 Determinations applicable to work under this Agreement are available from the Department 21 of Industrial Relations website http://www.dir.ca.gov. These wage rates are made a specific 22 part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be 23 applicable to work performed at a construction project site. Prevailing wages will be 24 applicable to all inspection work performed at County construction sites, at County facilities 25 and at off-site locations that are set up by the construction contractor or one of its 26 subcontractors solely and specifically to serve County projects. Prevailing wage 27 requirements do not apply to inspection work performed at the facilities of vendors and 2s 33 1 commercial materials suppliers that provide goods and services to the general public. 2 C. Payroll Records 3 1. Each Consultant and subconsultant shall keep accurate certified 4 payroll records and supporting documents as mandated by Labor Code section 1776 and 5 as defined in 8 CCR § 16000 showing the name, address, social security number, work 6 classification, straight time and overtime hours worked each day and week, and the actual 7 per diem wages paid to each journeyman, apprentice, worker, or other employee employed 8 by the Consultant or subconsultant in connection with the public work. Each payroll record 9 shall contain or be verified by a written declaration that it is made under penalty of perjury, 10 stating both of the following: 11 a. The information contained in the payroll record is true and correct. 12 b. The employer has complied with the requirements of Labor Code sections 13 1771 , 1811, and 1815 for any work performed by his or her employees on the public works 14 project. 15 2. The payroll records enumerated under paragraph (1) above shall be 16 certified as correct by the Consultant under penalty of perjury. The payroll records and all 17 supporting documents shall be made available for inspection and copying by County 18 representatives at all reasonable hours at the principal office of the Consultant. The 19 Consultant shall provide copies of certified payrolls or permit inspection of its records as 20 follows: 21 a. A certified copy of an employee's payroll record shall be made 22 available for inspection or furnished to the employee or the employee's authorized 23 representative on request. 24 b. A certified copy of all payroll records enumerated in paragraph (1) 25 above, shall be made available for inspection or furnished upon request to a representative 26 of the County, the Division of Labor Standards Enforcement and the Division of 27 Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls 28 submitted to the County, the Division of Labor Standards Enforcement and the Division of 34 1 Apprenticeship Standards shall not be altered or obliterated by the Consultant. 2 C. The public shall not be given access to certified payroll records by the 3 Consultant. The Consultant is required to forward any requests for certified payrolls to the 4 County Contract Administrator by both email and regular mail on the business day following 5 receipt of the request. 6 3. Each Consultant shall submit a certified copy of the records 7 enumerated in paragraph (1) above, to the entity that requested the records within ten (10) 8 calendar days after receipt of a written request. 9 4. Any copy of records made available for inspection as copies and 10 furnished upon request to the public or any public agency by the COUNTY shall be marked 11 or obliterated in such a manner as to prevent disclosure of each individual's name, address, 12 and social security number. The name and address of the Consultant or subconsultant 13 performing the work shall not be marked or obliterated. 14 5. The Consultant shall inform the County of the location of the records 15 enumerated under paragraph (1) above, including the street address, city and county, and 16 shall, within five (5) working days, provide a notice of a change of location and address. 17 6. The Consultant or subconsultant shall have ten (10) calendar days in 18 which to comply subsequent to receipt of written notice requesting the records enumerated 19 in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within 20 the ten (10) day period, he or she shall, as a penalty to the County, forfeit one hundred 21 dollars ($100) for each calendar day, or portion thereof, for each worker, until strict 22 compliance is effectuated. Such penalties shall be withheld by the County from payments 23 then due. The Consultant is not subject to a penalty assessment pursuant to this section 24 due to the failure of a subconsultant to comply with this section. 25 D. When prevailing wage rates apply, the Consultant is responsible for verifying 26 compliance with certified payroll requirements. Invoice payment will not be made until the 27 invoice is approved by the County Contract Administrator. 28 35 1 E. Penalty 2 1. The Consultant and any of its subconsultants shall comply with Labor 3 Code section 1774 and 1775. Pursuant to Labor Code section 1775, the Consultant and 4 any subconsultant shall forfeit to the County a penalty of not more than two hundred dollars 5 ($200) for each calendar day, or portion thereof, for each worker paid less than the 6 prevailing rates as determined by the Director of DIR for the work or craft in which the 7 worker is employed for any public work done under the Agreement by the Consultant or by 8 its subconsultant in violation of the requirements of the Labor Code and in particular, Labor 9 Code section 1770 to 1780, inclusive. 10 2. The amount of this forfeiture shall be determined by the Labor 11 Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of 12 the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the 13 previous record of the Consultant or subconsultant in meeting their respective prevailing 14 wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct 15 rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct 16 rates of prevailing wages is not excusable if the Consultant or subconsultant had 17 knowledge of the obligations under the Labor Code. The Consultant is responsible for 18 paying the appropriate rate, including any escalations that take place during the term of the 19 Agreement. 20 3. In addition to the penalty and pursuant to Labor Code section 1775, the 21 difference between the prevailing wage rates and the amount paid to each worker for each 22 calendar day or portion thereof for which each worker was paid less than the prevailing 23 wage rate shall be paid to each worker by the Consultant or subconsultant. 24 4. If a worker employed by a subconsultant on a public works project is 25 not paid the general prevailing per diem wages by the subconsultant, the prime Consultant 26 of the project is not liable for the penalties described above unless the prime Consultant 27 had knowledge of that failure of the subconsultant to pay the specified prevailing rate of 28 wages to those workers or unless the prime Consultant fails to comply with all of the 36 1 following requirements: 2 a. The Agreement executed between the Consultant and the 3 subconsultant for the performance of work on public works projects shall include a copy of 4 the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 5 b. The Consultant shall monitor the payment of the specified general 6 prevailing rate of per diem wages by the Subconsultant to the employees by periodic 7 review of the certified payroll records of the subconsultant. 8 C. Upon becoming aware of the subconsultant's failure to pay the 9 specified prevailing rate of wages to the subconsultant's workers, the Consultant shall 10 diligently take corrective action to halt or rectify the failure, including but not limited to, 11 retaining sufficient funds due the subconsultant for work performed on the public works 12 project. 13 d. Prior to making final payment to the subconsultant for work performed 14 on the public works project, the Consultant shall obtain an affidavit signed under penalty of 15 perjury from the subconsultant that the subconsultant had paid the specified general 16 prevailing rate of per diem wages to the subconsultant's employees on the public works 17 project and any amounts due pursuant to Labor Code section 1813. 18 5. Pursuant to Labor Code section 1775, the County shall notify the 19 Consultant on a public works project within fifteen (15) calendar days of receipt of a 20 complaint that a subconsultant has failed to pay workers the general prevailing rate of per 21 diem wages. 22 6. If the County determines that employees of a subconsultant were not 23 paid the general prevailing rate of per diem wages and if the County did not retain sufficient 24 money under the Agreement to pay those employees the balance of wages owed under the 25 general prevailing rate of per diem wages, the Consultant shall withhold an amount of 26 moneys due the subconsultant sufficient to pay those employees the general prevailing rate 27 of per diem wages if requested by the County. 28 37 1 F. Hours of Labor 2 Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a 3 penalty to the County, twenty-five dollars ($25) for each worker employed in the execution 4 of the Agreement by the Consultant or any of its subconsultants for each calendar day 5 during which such worker is required or permitted to work more than eight (8) hours in any 6 one calendar day and forty (40) hours in any one calendar week in violation of the 7 provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, 8 except that work performed by employees in excess of eight (8) hours per day, and forty 9 (40) hours during any one week, shall be permitted upon compensation for all hours 10 worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less 11 than one and one half (1.5) times the basic rate of pay, as provided in section 1815. 12 G. Employment of Apprentices 13 1. Where either the prime Agreement or the subconsultant agreement 14 exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under 15 him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 16 1777.6 and 1777.7 in the employment of apprentices. 17 2. Consultant and all subconsultants are required to comply with all Labor 18 Code requirements regarding the employment of apprentices, including mandatory ratios of 19 journey level to apprentice workers. Prior to commencement of work, the Consultant and 20 subconsultants are advised to contact the DIR Division of Apprenticeship Standards 21 website at https://www.dir.ca.gov/das/, for additional information regarding the employment 22 of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. The 23 Consultant is responsible for all subconsultants' compliance with these requirements. 24 Penalties are specified in Labor Code section 1777.7. 25 Articles 24-39 Not used 26 40. Entire Agreement 27 This Agreement constitutes the entire agreement between the Consultant and 28 County with respect to the subject matter hereof and supersedes all previous negotiations, 38 1 proposals, commitments, writings, advertisements, publications, and understandings of any 2 nature whatsoever unless expressly included in this Agreement. In the event of any 3 inconsistency in interpreting the documents which constitute this Agreement, the 4 inconsistency shall be resolved by giving precedence in the following order of priority: (1) 5 the text of this Agreement (2) the County's Request for Qualification "On-Call A&F, and (3) 6 the Consultant's Statement of Qualification made in response to County's Request for 7 Qualification. In consideration of promises, covenants and conditions contained in this 8 Agreement, the Consultant and the County, and each of them, do hereby agree to diligently 9 perform in accordance with the terms and conditions of this Agreement, as evidenced by 10 the signatures below. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39 1 41. Signatures 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date 3 set forth above. 4 5 CO ACTOR COUNTY OF FRESNO Digitally signed by Steve Steve White White 6 Date:2025.06.23 44 96: (Authorized Signature) Steven White, Director 7 Department of Public Works and 8 Gregory Melton, President/CEO Planning Print Name & Title 9 10 Melton Design Group, Inc. 820 Broadway Street 11 Chico, CA 95928-5529 12 APPROVED AS TO LEGAL FORM 13 Daniel C. Cederborg, County Counsel Digitally signed by 14 Zachary Zachary Adams B Adams Date 2025.06.09 15 y- 08 39:59-07'00' 16 APPROVED AS TO ACCOUNTING 17 FORM Oscar J. Garcia, CPA, 18 Auditor-Controller/Treasurer- Tax Collector 19 ©am 20 qw By: Oscar Garcia(Jun 10,202511:50 PDT) 21 22 FOR ACCOUNTING USE ONLY: 23 Fund: 0001 / 0010 / 0400 / 0700 / 0701 / 0710 / 0720 / 0801 24 Subclass: 10000 / 11000 / 15000 / 15001 / 16900 / 10052 /10053 / 10061 / 10063 / 10065 10067 25 Org: 4360 /4365 /45104511 /45104512 /45104513 /45104514 /7205 / 7910 / 8852 / 8853 26 / 8861 / 8863 / 8865 / 8867 / 9015 / 9020 / 9026 / 9028 / 9140 27 Account- 7295 28 40 Appendix A — List of All Consultants and Project Managers Bedrock Engineering, Inc. Dixon &Associates, Inc PO Box 25783 620 Dewitt Avenue, Ste 101 Fresno, CA 93729-5783 lovis, CA 93612-1860 Project Manager: Michael Hartley Project Manager: Aaron Spray sales(a)bed rockeng.com aaron dixonsurveying.com (559) 645-4849 (559) 297-4200 Black Water Consulting Engineers DLR Group 155 E Shaw Avenue, Suite 206 1050 20th Street, #250 Fresno, CA 93710 Sacramento, CA 95811 Project Manager: Nick Zaninovich Project Manager: Kevin Quan nick _blackwater-eng.com kguan(a-�dlrgroup.com (559) 375-1522 (702) 271-2983 Blair, Church & Flynn Consulting Engineers EKI Environment &Water, Inc. 451 Clovis Ave Suite 200 2001 Junipero Serra Blvd Ste 300 Clovis, CA 93612-1194 Daly City, CA 94014-3887 Project Manager: David Mowry, PE Project Manager: Susan Xie, PE dmowry anbcf-engr.com sxie anekiconsult.com (559) 326-1400 (650) 292-9135 Construction Scheduling Experts Luhdorff and Scalmanini Consulting Engineers 80 Powers Drive 500 1 st Street El Dorado Hills, CA 95762-4493 Woodland, CA 95695-4026 Project Manager: Dave Somanchi Project Manager: William Halligan dsomanchi(a)schedulingexperts.com whalligan(cDlsce.com (916) 396-1588 (530) 661-0109 Page 1 of 3 Melton Design Group, Inc. Provost & Pritchard Consulting Group 820 Broadway St 455 W Fir Avenue Chico, CA 95928-5529 Clovis, CA 93611-0242 Project Manager: Greg Melton Project Managers: Analisa Gonzales - Surveying, greg(ameltondg.com Josh Bridegroom - Transportation Planning, Gretchen Heisdorf— SWPPP (530) 518-7593 agonzales(cDppenq.com (surveying) 0bridegroom(@ppenq.com (Transportation Planning) Net Positive Consulting Engineers gheisdorf(aDppeng.com (SWPPP) 5 E River Park PI E Suite 303 (559) 449-2700 Fresno, CA 93720-1560 Project Manager: Jonathan Schlundt, PE Sierra West Consulting Group, Inc 0schlundt(a-�npceng.com 9700 Business Park Drive Ste. 102 (559) 365-0974 Sacramento, CA 95827-1712 Project Manager: John Moreno PBK Architects I more no(a)_sierrawestgrouP.com 895 W. Ashlan Avenue, Suite 101 (916) 925-4000 Clovis, CA 93612 Project Manager: Garen Lencioni TDG Engineering, Inc. (Toole Design Group, LLC) garen.lencioni(aD-leafengineers.com 360 22nd Street, Suite 501 559) 223-9600 Oakland, CA 94612 Project Manager: Alison Mills Pezzoni Engineering, Inc. amills(cDtooledesign.com 1150 9th Street, Ste 1415 (510) 298-0740 x168 Modesto, CA 95354-0823 Project Manager: Kevin Pezzoni TJKM Transportation Consultants KPezzoni(a)Pezengr.com 4305 Hacienda Drive, Suite 550 (209) 554-4602 Pleasanton, CA 94588 Project Manager: Ruta Jariwala Precision Civil Engineering jariwala(cDtikm.com 1234 O Street (408) 421-0768 Fresno, CA 93721-1830 Project Manager: Craig Roberts, MS, PE gcroberts(aD-precisioneng.net (559) 449-4500 Page 2of3 VRPA Technologies 4630 W Jennifer Avenue, Suite 105 Fresno, CA 93722-6415 Project Manager: Erik Ruehr, P.E., T.E. comeruehr(aD-vrpatechnologies.com (858) 361-7151 Westwood Professional Services 1165 Scenic Drive, Suite A Modesto, CA 95350-6155 Project Manager: Kristen Scheidt kristen.scheidt(a�westwoodps.com (209) 571-1765 Willdan Engineering 2014 Tulare Street, Suite 515 Fresno, CA 93721-2011 Project Manager: Tyrone Peter teeter willdan.com (714) 393-1963 Woodard & Curran, inc. 2175 N. California Boulevard, Suite 315 Walnut Creek, CA 94596 Project Manager: Jim Strandberg, PG, CHG, CEG I strand berg(a)woodardcurran.com (925) 627-4122 Page 3of3 Consultant's Scope of Services — Appendix B Consultant Eligible Services Form Consultant Firm: Melton Design Group, Inc. CONSULTANT is approved for these services: Discipline On-Call Federally Funded Projects Architectural Drafting and Design Assessment Engineering Certified Access Specialist (CASP) Certification Cost Estimating Validation Construction Scheduling Analysis Electrical Engineering Landscaping Architecture X X Plumbing and Mechanical Engineering Qualified SWPPP Developer and/or Practitioner Surveying Traffic Engineering Transportation Planning Utility Locating Water Resource Operators Water and Natural Resources En ineerin CONSULTANT is responsible for all services listed within this scope document for the discipline(s), funding sources and category of service (on-call and/or on-call staff augmentation) which they have been indicated above as well as services listed across discipline. Rev. 01/09/25 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services Table of Contents Tableof Contents............................................................................................................2 Descriptions of Work by Discipline .................................................................................. 3 LandscapeArchitecture............................................................................................... 3 On-Call Services ............................................................................................................. 3 TechnicalReports........................................................................................................ 3 Preparation of Various Reports and Studies................................................................4 PreliminaryEngineering...............................................................................................4 Prepare Design Plans, Technical Specifications and Construction Estimate...............4 Construction Observation ............................................................................................ 6 ProjectDesign ............................................................................................................. 9 EngineeringSupport.................................................................................................. 10 2of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services Descriptions of Work by Discipline Landscape Architecture 1. Landscape design, drawings, and specifications, which shall include without limitation: Landscape plans, irrigation systems/plans, planting schedules, and Model Water Efficiency Landscape Ordinance (MWELO). Landscape consultant also is expected to review and respond to related RFIs and Submittals during Bidding and Construction. 2. Prepare revegetation and restoration plans to satisfy USACOE, CDFW and/or State Board requirements. On-Call Services Technical Reports Applies to all disciplines Description of Work Prepare a detailed preliminary engineering report for the project in Department format. The report shall contain all necessary information in sufficient detail to propose the project design. Requirements of Specified Services 1. Ascertain the requirements for Technical Reports through meetings with the PROJECT ADMINISTRATOR and a review of existing information on the PROJECT(S). 2. The CONSULTANT shall prepare and submit technical reports to the PROJECT ADMINISTRATOR for each assigned PROJECT. Technical reports shall be prepared in accordance with the appropriate format required by local, state and federal laws, regulations and guidelines. 3. When requested by the PROJECT ADMINISTRATOR, the CONSULTANT shall attend meetings with the COUNTY, federal, state and/or local representatives to discuss and review the technical report. The CONSULTANT shall prepare brief minutes of meetings attended and promptly submit the minutes to the PROJECT ADMINISTRATOR within seven (7) days. 4. The CONSULTANT shall submit each technical report to the PROJECT ADMINISTRATOR for transmittal to other appropriate agencies for their review and approval. The CONSULTANT shall revise and resubmit each technical report as 3of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services necessary until approved by all appropriate agencies. 5. The CONSULTANT shall prepare and submit technical studies and estimates in the formats, quantities, and delivery methods delineated in Appendix C. The CONSULTANT shall verify compatible format and quantity prior to final delivery. Preparation of Various Reports and Studies Applies to all disciplines. Description of Work 1. Analyze project budget; 2. Review existing engineering reports from the Department as available; 3. Prepare a detailed project cost estimate, which shall identify the components and requirements of the project; and 4. Prepare a detailed report or study in Department format. Preliminary Engineering Applies to the following disciplines: Electrical Engineering Landscape Architecture Plumbing and Mechanical Engineering Traffic Engineering Water and Natural Resources Architectural Design and Drafting Engineering Description of Work 1. Prepare a detailed preliminary engineering report for the project in Department format. The report shall contain all necessary information in sufficient detail to propose the project design; and 2. Prepare site plans and grading plans identifying basis of bearing, location of benchmark used and source of elevation (vertical) datum. Prepare Design Plans, Technical Specifications and Construction Estimate Applies to the following disciplines: Electrical Engineering Landscape Architecture �_P_Iumbingand Mechanical Engineering Traffic Engineering 4of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services Water and Natural Resources Architectural Design and Drafting Engineering General Description of Work 1. Complete fully the project designs to include comprehensive construction plans, earthwork volumes, required permits, technical specifications, cross-sections and final opinion of probable construction cost (Engineer's Estimate) for construction. 2. Apply urban design principals that meet the needs of the individual communities. 3. Submit the recommended construction period for bidding purposes to the County for approval and identify materials and equipment requiring long delivery times that will control the length of the construction Agreement. 4. Prepare addenda as necessary for bid documents. Requirements of Specified Services When Requested The CONSULTANT shall: 1. Ascertain the requirements for the assigned PROJECT(S) through meetings with the PROJECT ADMINISTRATOR and a review of an existing schematic layout of the PROJECT(S). 2. Ascertain any requirements, unforeseen criteria, or issues for the PROJECT(S) that may be unknown to the PROJECT ADMINISTRATOR and communicate these requirements, criteria, or issues to the PROJECT ADMINISTRATOR. 3. Design the PROJECT(S) to conform to requirements of the reviewing agencies having jurisdiction over the PROJECT(S). 4. Design PROJECT(S) to include mitigation measures as required or specified in the environmental documents. 5. Monitor and keep the PROJECT ADMINISTRATOR informed regarding the impact of design issues on the PROJECT budget. Upon the written request, the CONSULTANT shall incorporate into the design, such reasonable design and operational changes as the PROJECT ADMINISTRATOR deems appropriate as a result of the COUNTY'S review processes and impact on each PROJECT budget or estimate. 6. Assist the COUNTY in determining all permits that may be required for the PROJECT and prepare all necessary permits for the COUNTY'S submittal to outside agencies. 5of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 7. Work with the PROJECT ADMINISTRATOR to ensure that the plans, specifications and estimate meet all requirements to be advertised for construction bids. 8. If required by approval agencies or PROJECT ADMINISTRATOR, submit to the COUNTY in the appropriate agency forms, the PROJECT background information and recommended testing and inspection list for materials to be used, identifying type, quantity, frequency, and schedule, for each PROJECT. Submit required numbers of sets of plans, specifications, and other documents required by approval agencies to the PROJECT ADMINISTRATOR. 9. Submit to the PROJECT ADMINISTRATOR plans, specifications and estimates for review in the formats, quantities, and delivery methods delineated in Appendix C. Prior to submission of plans, the CONSULTANT shall request from the PROJECT ADMINISTRATOR examples of acceptable drafting format and reproducible standards. Verification of compatible format will be required prior to final file delivery. The PROJECT ADMINISTRATOR, at his/her discretion, may reject a submittal that is determined insufficient. 10. The original drawings and specifications index sheet shall be stamped by a seal with the CONSULTANT'S and subconsultant's license numbers and/or signed in accordance with the California Business and Professions Code. Construction Observation Applies to the following disciplines: Certified Access Specialist (CASP) Cost Estimating Validation Certification Electrical Engineering Landscape Architecture Plumbing and Mechanical Engineering Traffic Engineering Qualified SWPPP Developer and/or Water and Natural Resources Practitioner Engineering Professional Project Scheduler Architectural Design and Drafting General Description of Work 1. Attend the pre-construction conference scheduled by the Department; and 2. Provide services during construction including, but not limited to: a. Make recommendations to the Department on all claims of the Department or construction contractor and all other matters relating to the execution and progress of work, including interpretation of the Agreement documents. b. Review and make recommendations for samples, schedules, shop drawings and other submissions for general conformance with the design concept of the 6of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services project and for general compliance with the plans and specifications and information given by the consultant's contract documents. c. Respond timely to requests from the Department and contractor for information needed from consultant in order to clarify construction plans and specification to review the contractor's estimates for all other charges. d. Recommend and prepare necessary change orders and associated engineer's estimate. e. Assist the Department, at the Department's express, written authorization, with any claim resolution process involving the Department's construction contractor and the Department, including serving as a witness in connection with any legal proceedings or dispute resolution processes required by law. Requirements of Specified Services When Requested The CONSULTANT shall: 1. When requested by the PROJECT ADMINISTRATOR, attend meetings with the COUNTY, and/or any federal, state and/or local representatives. The CONSULTANT shall prepare brief minutes of all meetings attended and promptly submit those minutes to the PROJECT ADMINISTRATOR within seven (7) calendar days. 2. Make recommendations to the COUNTY on all claims of the COUNTY or the construction contractor and all other matters relating to the execution and progress of work, including interpretation of the contract documents for the PROJECT. 3. Within seven (7) calendar days of the COUNTY'S request, review and make recommendations for samples, schedules, shop drawings, and other submissions for general conformance with the design concept of the PROJECT(S) and for general compliance with the plans and specifications and information provided by the contract documents for the PROJECT. 4. Within two (2) working days, respond to requests from the PROJECT ADMINISTRATOR for information needed from the CONSULTANT in order to clarify construction plans and specifications and to review the construction contractor's cost estimates for all change orders. 5. Recommend and assist in the preparation of such change orders as deemed necessary with supporting documentation, calculations and estimate, for review and issuance of change orders by the COUNTY Construction Engineer to obtain appropriate agency acceptance and approval. 6. At intervals appropriate to the stage of construction, or as otherwise deemed necessary by the CONSULTANT, visit the site of the PROJECT(S) as 7of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services necessary to become familiar generally with the progress and quality of the work and to determine whether the work is proceeding in general accordance with the contract documents. The CONSULTANT shall not be required to make exhaustive or continuous onsite inspections but shall give direction to the Construction Inspector as hereinafter more specifically provided. The CONSULTANT shall not be responsible for the construction contractor's failure to carry out the construction work in accordance with the contract documents. However, the CONSULTANT shall immediately advise the PROJECT ADMINISTRATOR of any known or observed deviation from the contract documents. 7. Not have control over or charge of, and shall not be responsible for construction means, methods, techniques, sequence, or procedure, or for the safety precautions, programs, or equipment in use in connection with the work, since these are solely the construction contractor's responsibility under the contract for construction. 8. Submit progress reports on each specific PROJECT in accordance with the task order. These reports shall be submitted at least once a month. The report shall be sufficiently detailed for PROJECT ADMINISTRATOR to determine if the CONSULTANT is performing to expectations or is on schedule, to provide communication of interim findings, and so sufficiently address any difficulties or special problems encountered so remedies can be developed. 9. Advise the PROJECT ADMINISTRATOR of defects and deficiencies observed in the work of the construction contractor and may recommend that the DIRECTOR reject work as failing to conform to the contract documents. 10. Conduct site visits and field observations to facilitate recommendations by the CONSULTANT regarding: a. dates of substantial completion b. dates of final completion c. the DIRECTOR'S acceptance of the work d. the DIRECTOR'S filing of the Notice of Completion and Issuance of Final Certificate for payment e. other issues which may require site visits 11. Control of Construction Project Site The COUNTY agrees that in accordance with generally accepted practices, the COUNTY'S construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction projects; including safety of all persons and property, and that this requirement shall be made to apply continuously during projects and not be limited to normal working hours. The CONSULTANT shall not have control over or charge of, and shall not be responsible 8of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services for, project means, methods, techniques, sequences or procedures, as these are solely the responsibility of the construction contractor. The CONSULTANT shall not have the authority to stop or reject the work of the construction contractor. Project Design Applies to the following disciplines: Electrical Engineering Landscape Architecture Architectural Design and Drafting Description of Work Provide complete designs and produce biddable plan sets and accompanying specifications for various projects using Civil 3D software, AutoCAD, Revit, as requested or approved by the County. All designs should apply urban design principles that meet the needs of the individual communities. The projects include: 1. Road reconstruction projects 2. Congestion mitigation air quality shoulder improvement projects 3. Hot mix asphalt overlay projects 4. Road projects employing in-situ reclamation processes 5. Bituminous seal coats and slurry seals 6. Bridge rehabilitation 7. Bridge replacement 8. Bridge scour mitigation 9. Water system projects 10. Wastewater system projects 11. Landfill Projects 12. Interior Tenant Improvements 13. New buildings 9of10 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services Engineering Support Applies to all disciplines. Description of Work 1. Provide technical data for the preparation of various funding paperwork. 2. Provide technical data for the preparation of various permit applications. 3. Provide technical data for the preparation of cooperative agreements. 4. Provide technical data for the preparation of utility agreements. 5. Prepare and stamp legal descriptions for the acquisition of right of way. 6. Conduct meetings with property owners regarding projects 7. Review of existing designs for compliance with development plans 8. Provide presentation materials for the Board of Supervisors to be presented by COUNTY staff. 9. Prepare various tables, maps, charts and diagrams. 10. Provide technical support for request for proposal processes. 11. Serve as a plan checker and independent quantity checker. 10 of 10 Appendix C Meet The Team ORGANIZATIONAL CHART Melton Design Group has assembled a team of experienced professionals to provide top notch design services. Key personnel have been selected for their excellence in project management, communication, engineering and park and recreation planning/design. Total Team experience includes over 200 public space projects with more than 100 successful park and recreation facilities designed and built in California. MDG staff will ensure the prompt delivery of work, control budget and scope and coordination between the Principal-in-Charge and the Client. Maintaining the project schedule and identifying and responding to issues that may arise requires frequent and effective communication. Principal Landscape Architect, Greg Melton, will be in overall control of your project and Project Manager, Ryan Riedlinger, will be your primary and daily point of contact. The following are the key MDG personnel for your design team and our pool of highly qualified sub- consultants that are available to take on your project if one is assigned. Melton Design Group, Inc. — Landscape Architecture and Planning www.meltondg.com Greg Melton Ryan Riedlinger Patrick Farrar Sarah Crossley Teresa Walsh Principal Project Senior Project Senior Project Office Manager RLA#4217 Manager Manager Manager Controller Some of the Consultants we work with: ® E D ROCK ENGINEERING ` Engineering Group,Inc. 4CREEKS As°"ng-Ci"°°``�u '""'"` Urban Tree Land S°rvcy ng•Ci it Eng ncc ng•Utility Locating Foundation ParkR• CO SPOHN RANCH X DAHLIN S K A T E P A R K S • -18111 Cream in CHRIS SLATER CONSULTING N V 5 e MELTON DESIGN GROUP,INC. MAIN OFFICE:CHICO SACRAMENTO SANTA BARBARA Appendix D - Deliverables Last updated: March 27, 2025 Prior to submissions, the CONSULTANT shall request from the PROJECT ADMINISTRATOR examples of acceptable drafting format and reproducible standards. Verification of compatible format will be required prior to final file delivery. A. Technical Report Standard Submittal Formats: 1. Standard submittal formats: a. Electronic copy sent via email: i. Microsoft Word (.docx) formatted for printing on 8 1/2" by 11" pages ii. Microsoft Excel (.xlsx) formatted for printing on 8 1/2" by 11" or 11" by 17" pages iii. Adobe (.pdf) formatted for printing on 8 '/2" by 11" or 11" by 17" pages iv. AutoCAD Civil 3D, as .DXF or .DWG files V. Other mutually agreed upon format. Hardcopies upon request. 2. Technical studies and estimates: a. Electronic copy sent via email: i. Microsoft Word (.docx) ii. Microsoft Excel (.xlsx) iii. Signed Final Version in Adobe (.pdf) iv. Other mutually agreed upon format. Hardcopies upon request. 3. Drawings: a. Electronic copy sent via email: i. AutoCAD Civil 3D as .DXF or .DWG files ii. Hardcopies upon request. B. Design Plans, Technical Specifications and Construction Estimate: 1. 30%, 60%, and 90% plans, specifications and estimates for review a. Progress prints and final originals of the plans, specifications, and estimates. b. Standard submittal format c. Hardcopies on 22" X 34" pages (up to 10 copies) upon request. 2. Accepted Final original plans, specifications and estimates shall include Page 1 of 2 a. Electronic copy sent via email i. Final plans, cross sections and slope stake information, design calculations, quantity calculations, and other design information as applicable to the PROJECT. ii. Final specifications and estimates iii. Plan sheets, cross sections, earthwork calculations and slope stake information shall be in: • AutoCAD Civil 3D iv. Specifications shall be in: • Microsoft Word (.docx) formatted for printing on 8 '/2" by 11" pages V. Final engineer's estimates shall be in: • Microsoft Excel (.xlsx) b. Hardcopies (Upon request) i. Plan Set: One (1) original reproducible plan set on 22" by 34" sheets of bond paper and 4 mil thick double matte film. ii. Cross Sections: One (1) reproducible copy of cross sections on 22" by 34" sheets of bond paper and 4 mil thick double matte film. iii. Final Specifications and Engineer's Estimates: One (1) stamped and wet signed paper copy on 8 '/2" by 11" pages. C. County-provided preliminary engineering survey data on existing structures and topographic mapping shall be in: a. AutoCAD Civil 3D b. Or other mutually agreed upon format Page 2 of 2 Appendix E Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT I0-H2 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed Consultant_Melton Designp,Inc. ® Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant Project No._ On-Call: Varies Contract No. PWP24-036 Participation Amount$ TBD Date 03/14/2025 For Combined Rate (SHR 120%) Fringe Benefit% + General&Administrative% = 120.00% Combined ICR% OR For Home Office Rate Fringe Benefit% + General&Administrative% = Home Office ICR% For Field Office Rate Fringe Benefit% + General&Administrative% = Field Office ICR% Fee BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification) Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight3 OT(1.5x) OT(2x) From To Hourly Rate4 Increase for Classifications Only *Greg Melton,President $182.43 $222.09 $261.75 01/01/2025 12/31/2025 $79.32 0% Not Applicable Principal Landscape Architect $187.90 $228.75 $269.60 01/01/2026 12/31/2026 $81.69 3.0% $193.53 $235.61 $277.68 01/01/2027 12/31/2027 $84.14 3.0% $199.33 $242.67 $286.01 01/01/2028 12/31/2028 $86.66 3.0% $205.30 $249.95 $294.59 01/01/2029 12/31/2029 $89.25 3.0% *Ryan Riedlinger,Project Manager $88.45 $107.68 $126.91 01/01/2025 12/31/2025 $38.46 0% Not Applicable $91.11 $110.91 $130.71 01/01/2026 12/31/2026 $39.61 3.0% $93.84 $114.23 $134.63 01/01/2027 12/31/2027 $40.80 3.0% $96.66 $117.66 $138.67 01/01/2028 12/31/2028 $42.02 3.0% $99.56 $121.19 $142.83 01/01/2029 12/31/2029 $43.28 3.0% Sarah Crossley,Multimedia Expert $105.04 $127.87 $150.71 01/01/2025 12/31/2025 $45.67 0% Not Applicable and Landscape Design Specialist, $108.19 $131.71 $155.23 01/01/2026 12/31/2026 $48.45 3.0% Senior Project Manager $111.43 $135.66 $159.88 01/01/2027 12/31/2027 $49.90 3.0% $114.78 $139.73 $164.68 01/01/2028 12/31/2028 $51.39 3.0% $118.22 $143.92 $169.62 01/01/2029 12/31/2029 $52.93 3.0% Page 1 of 4 March 2025 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal Name/Job Title/Classification) Hourly Billing Rates Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight3 OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only Production Specialist $64.40 $78.40 $92.4 01/01/2025 12/31/2025 $28.00 0% $21.00-$30.00 $66.33 $80.75 $95.17 01/01/2026 12/31/2026 $28.84 3.0% $68.32 $83.17 $98.02 01/01/2027 12/31/2027 $29.70 3.0% $70.37 $85.66 $100.96 01/01/2028 12/31/2028 $30.59 3.0% $72.48 $88.23 $103.99 01/01/2029 12/31/2029 $31.50 3.0% Teresa Walsh,Office Manager/ $99.49 $121.12 $142.75 01/01/2025 12/31/2025 $43.26 0% Not Applicable Controller/Project Administrator $102.47 $124.75 $147.03 01/01/2026 12/31/2026 $44.55 3.0% Administration $105.54 $128.49 $151.44 01/01/2027 12/31/2027 $45.88 3.0% $108.71 $132.35 $155.98 01/01/2028 12/31/2028 $47.25 3.0% $111.97 1 $136.32 1 $160.66 01/01/2029 1 12/31/2029 1 $48.66 1 3.0% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate=actual hourly rate*(1+ICR)*(1+Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only,enter the Average Hourly Rate for that classification. Page 2 of 4 March 2025 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-112 COST PROPOSAL Page 3 of SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant_Melton Designp,Inc. ® Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant Project No. On-Call: Varies Contract No._RFQ NO. R460_ Participation Amount$ TBD Date 03/14/2025 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs 1 Mile $.75 $ Plan Sheets 2406 color 1 Page $35.30 $ Plan Sheets 30x42 color 1 Page $51.45 $ Plan Sheets 2406 b/w 1 Page $6.85 $ Plan Sheets 30x42 b/w 1 Page $10.00 $ Small Plan Sheets 11x17 b/w 1 Page .68 $ -Spec Sheets 8.5x11 b/w 1 Page .42 $ Note:Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice). 5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost. 6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed,the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles.In addition,the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle,the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended.All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Page 3 of 4 March 2025 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual,reasonable, allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 -Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 -Procurement,Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Gregory V_ Melton Title *: President/CEO Signature : Date of Certification(mm/dd/yyyy): 03/14/2025 Email: Gregkineltoridg.corn Phone Number: 530-899-1616 Address: 820 Broadway Street, Chico, CA 95928 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Landscape and Irrigation Design Page 4 of 4 March 2025 Bedrock Engineering, Inc Tax ID: 26-2961689 Date Prepared: 4/17/2025 COST PROPOSAL SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Bedrock Engineering, Inc Prime Consultant 0 Subconsultant 2°°Tier Subconsultant Project No. PW P24-036 _ Contract No. Contract Amount$ Date 4/17/2025 For Combined Rate Fringe Benefit + General &Administrative 175.10% lCombined ICR 199.24% OR For Home Office Rate = Fringe Benefit% + General &Administrative% Home Office ICR% For Field Office Rate = Frinqe Benefit% + General &Administrative% Field Office ICR% Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight' OT(1.5x) OT(2x) From To: Hourly Rate, Increase for Classifications Only Beamer,Nathaniel Civil EngineerTechnician 116.39 174.59 232.78 1/l/2025 12/31/2025 35.36 $81.03 Not Applicable Hartley,David* Principal Civil Engineer 253.23 379.84 506.45 1/l/2025 12/31/2025 76.93 $176.30 Not Applicable Minchau,Julie Civil Engineer Technician 131.34 197.00 262.67 1/1/2025 12/31/2025 39.90 $91.44 Not Applicable Vaughn,Krisann 148.12 222.19 296.25 1/l/2025 12/31/2025 45.00 $103.12 Not Applicable Civil Engineer Technician (Add pages as necessary) Page 1 of 4 SAMPLE COST PROPOSAL Sample Only-Required Cost Proposal Template To Be Determined By Agency NOTES: 1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks( ).All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate-actual hourly rate * (1+ICR) * (1+Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans.All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only,enter the Average Hourly Rate for that classification. SAMPLE COST PROPOSAL 2 SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Ra1—A-Fn�inParin�1nr ElPrime Consultant ElSubconsultant Project No. PWP24-036 Contract No Date 4,17,,0,5 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs 1 0.8 $ 0.00 Equipment Rental and Supplies $ 0.00 Permit Fees $ 0.00 Plan Sheets $ 0.00 Test $ 0.00 Vehicle $ 0.00 Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: Subconsultant 5: Note:Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost 6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. Page 2 of 4 SAMPLE COST PROPOSAL 2 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Par t 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Par t 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Kendle Nichols Title*: CFO $o_.00 Signature: Ae,�tWA Date of Certification (mm/dd/yyyy): 4/17/2025 Email: Phone Number: 559-645-4849 accounting�a�bedrockene.com Address: 10878 Highway 41,Madera,CA 93636 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Civil Engineering Services Local Assistance Procedure Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed Consultant Provost&Pritchard Engineering Group,Inc. ❑X Prime Consultant El Subconsultant 2nd Tier Subconsultant Project No. Contract No. Participation Amount$ Date For Combined Rate Fringe Benefit%+General&Administrative% 50.83% + 87.37% = 138.198% Combined ICR% OR For Home Office Rate Fringe Benefit%+General&Administrative% = Home Office ICR% For Field Office Rate Fringe Benefit%+General&Administrative% = Field Office ICR% Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates Z Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight' OT(1.5x) OT(2x) From To Hourly Rate' Increase for Classifications Only Assistant Engineer $110.49 $0.00 $0.00 1/1/2025 12/31/2025 $42.17 0% $35.00-$52.50 $113.81 $0.00 $0.00 1/1/2026 12/31/2026 $43.44 3% $117.22 $0.00 $0.00 1/1/2027 12/31/2027 $44.74 3% Associate Engineer $133.92 $0.00 $0.00 1/1/2025 12/31/2025 $51.11 0% $44.00-$57.25 $137.94 $0.00 $0.00 1/1/2026 12/31/2026 $52.64 3% $142.07 $0.00 $0.00 1/1/2027 12/31/2027 $54.22 3% Senior Engineer $172.72 $0.00 $0.00 1/1/2025 12/31/2025 $65.92 0% $57.50-$74.50 $177.90 $0.00 $0.00 1/1/2026 12/31/2026 $67.90 3% $183.24 $0.00 $0.00 1/1/2027 12/31/2027 $69.93 3% Principal Engineer $222.74 $0.00 $0.00 1/1/2025 12/31/2025 $85.01 0% $68.50-$96.50 $229.42 $0.00 $0.00 1/1/2026 12/31/2026 $87.56 3% $236.31 $0.00 $0.00 1/1/2027 12/31/2027 $90.19 3% Senior Structural Engineer $163.11 $0.00 $0.00 1/1/2025 12/31/2025 $62.25 0% $62.00-$62.50 $168.00 $0.00 $0.00 1/1/2026 12/31/2026 $64.12 3% $173.04 $0.00 $0.00 1/1/2027 12/31/2027 $66.04 3% Principal Structural Engineer $218.55 $0.00 $0.00 1/1/2025 12/31/2025 $83.41 0% $225.11 $0.00 $0.00 1/1/2026 12/31/2026 $85.91 3% $231.86 $0.00 $0.00 1/1/2027 12/31/2027 $88.49 3% 1&4 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates Z Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight3 OT(1.5x) OT(2x) From To Hourly Rate' Increase for Classifications Only Assistant Electrical,I&C Engineer $136.25 $0.00 $0.00 1/1/2025 12/31/2025 $52.00 0% $140.34 $0.00 $0.00 1/1/2026 12/31/2026 $53.56 3% $144.55 $0.00 $0.00 1/1/2027 12/31/2027 $55.17 3% Senior Electrical,I&C Engineer $201.75 $0.00 $0.00 1/1/2025 12/31/2025 $77.00 0% $207.81 $0.00 $0.00 1/1/2026 12/31/2026 $79.31 3% $214.04 $0.00 $0.00 1/1/2027 12/31/2027 $81.69 3% Assistant Specialist $87.88 $0.00 $0.00 1/1/2025 12/31/2025 $33.54 0% $28.00-$36.50 $90.52 $0.00 $0.00 1/1/2026 12/31/2026 $34.55 3% $93.23 $0.00 $0.00 1/1/2027 12/31/2027 $35.58 3% Associate Specialist $112.20 $0.00 $0.00 1/1/2025 12/31/2025 $42.82 0% $35.00-$48.50 $115.56 $0.00 $0.00 1/1/2026 12/31/2026 $44.10 3% $119.03 $0.00 $0.00 1/1/2027 12/31/2027 $45.43 3% Senior Specialist $157.08 $0.00 $0.00 1/1/2025 12/31/2025 $59.95 0% $50.50-$80.00 $161.79 $0.00 $0.00 1/1/2026 12/31/2026 $61.75 3% $166.65 $0.00 $0.00 1/1/2027 12/31/2027 $63.60 3% Principal Specialist $200.13 $0.00 $0.00 1/1/2025 12/31/2025 $76.38 0% $68.50-$87.50 $206.13 $0.00 $0.00 1/1/2026 12/31/2026 $78.67 3% $212.32 $0.00 $0.00 1/1/2027 12/31/2027 $81.03 3% Assistant Biologist $89.09 $0.00 $0.00 1/1/2025 12/31/2025 $34.00 0% $91.76 $0.00 $0.00 1/1/2026 12/31/2026 $35.02 3% $94.51 $0.00 $0.00 1/1/2027 12/31/2027 $36.07 3% Associate Biologist $110.05 $0.00 $0.00 1/1/2025 12/31/2025 $42.00 0% $113.35 $0.00 $0.00 1/1/2026 12/31/2026 $43.26 3% $116.75 $0.00 $0.00 1/1/2027 12/31/2027 $44.56 3% Senior Biologist $125.77 $0.00 $0.00 1/1/2025 12/31/2025 $48.00 0% $129.54 $0.00 $0.00 1/1/2026 12/31/2026 $49.44 3% $133.43 $0.00 $0.00 1/1/2027 12/31/2027 $50.92 3% Assistant Geologist/Hydrogeologist $101.98 $0.00 $0.00 1/1/2025 12/31/2025 $38.92 0% $37.00-$42.25 $105.04 $0.00 $0.00 1/1/2026 12/31/2026 $40.09 3% $108.19 $0.00 $0.00 1/1/2027 12/31/2027 $41.29 3% Associate Geologist/Hydrogeologist $129.91 $0.00 $0.00 1/1/2025 12/31/2025 $49.58 0% $47.00-$51.25 $133.81 $0.00 $0.00 1/1/2026 12/31/2026 $51.07 3% $137.82 $0.00 $0.00 1/1/2027 12/31/2027 $52.60 3% 2 of BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates Z Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight' OT(1.5x) OT(2x) From To Hourly Rate' Increase for Classifications Only Senior Geologist/Hydrogeologist $159.83 $0.00 $0.00 1/1/2025 12/31/2025 $61.00 0% $57.50-$65.75 $164.63 $0.00 $0.00 1/1/2026 12/31/2026 $62.83 3% $169.56 $0.00 $0.00 1/1/2027 12/31/2027 $64.71 3% Principal Geologist/Hydrogeologist $200.44 $0.00 $0.00 1/1/2025 12/31/2025 $76.50 0% $206.46 $0.00 $0.00 1/1/2026 12/31/2026 $78.80 3% $212.65 $0.00 $0.00 1/1/2027 12/31/2027 $81.16 3% Principal Tunneling Consultant $262.02 $0.00 $0.00 1/1/2025 12/31/2025 $100.00 0% $269.88 $0.00 $0.00 1/1/2026 12/31/2026 $103.00 3% $277.98 $0.00 $0.00 1/1/2027 12/31/2027 $106.09 3% Assistant Planner $90.24 $0.00 $0.00 1/1/2025 12/31/2025 $34.44 0% $29.25-$37.00 $92.95 $0.00 $0.00 1/1/2026 12/31/2026 $35.47 3% $95.73 $0.00 $0.00 1/1/2027 12/31/2027 $36.54 3% Associate Planner $109.18 $0.00 $0.00 1/1/2025 12/31/2025 $41.67 0% $40.50-$43.00 $112.46 $0.00 $0.00 1/1/2026 12/31/2026 $42.92 3% $115.83 $0.00 $0.00 1/1/2027 12/31/2027 $44.21 3% Senior Planner $140.18 $0.00 $0.00 1/1/2025 12/31/2025 $53.50 0% $50.00-$57.00 $144.39 $0.00 $0.00 1/1/2026 12/31/2026 $55.11 3% $148.72 $0.00 $0.00 1/1/2027 12/31/2027 $56.76 3% Principal Planner $178.43 $0.00 $0.00 1/1/2025 12/31/2025 $68.10 0% $62.00-$77.00 $183.79 $0.00 $0.00 1/1/2026 12/31/2026 $70.14 3% $189.30 $0.00 $0.00 1/1/2027 12/31/2027 $72.25 3% Assistant Technician $82.04 $0.00 $0.00 1/1/2025 12/31/2025 $31.31 0% $28.00-$38.00 $84.50 $0.00 $0.00 1/1/2026 12/31/2026 $32.25 3% $87.03 $0.00 $0.00 1/1/2027 12/31/2027 $33.22 3% Associate Technician $107.43 $0.00 $0.00 1/1/2025 12/31/2025 $41.00 0% $36.75-$43.50 $110.65 $0.00 $0.00 1/1/2026 12/31/2026 $42.23 3% $113.97 $0.00 $0.00 1/1/2027 12/31/2027 $43.50 3% Senior Technician $134.81 $0.00 $0.00 1/1/2025 12/31/2025 $51.45 0% $36.00-$67.75 $138.85 $0.00 $0.00 1/1/2026 12/31/2026 $52.99 3% $143.02 $0.00 $0.00 1/1/2027 12/31/2027 $54.58 3% Associate Construction Manager $128.39 $0.00 $0.00 1/1/2025 12/31/2025 $49.00 0% $47.00-$50.00 $132.24 $0.00 $0.00 1/1/2026 12/31/2026 $50.47 3% $136.21 $0.00 $0.00 1/1/2027 12/31/2027 $51.98 3% Senior Construction Manager $166.72 $0.00 $0.00 1/1/2025 12/31/2025 $63.63 0% $58.75-$68.50 $171.72 $0.00 $0.00 1/1/2026 12/31/2026 $65.54 3% $176.88 $0.00 $0.00 1/1/2027 12/31/2027 $67.51 3% Principal Construction Manager $208.30 $0.00 $0.00 1/1/2025 12/31/2025 $79.50 0% $79.00-$80.00 $214.55 $0.00 $0.00 1/1/2026 12/31/2026 $81.89 3% $220.99 $0.00 $0.00 1/1/2027 12/31/2027 $84.34 3% 3 of BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates z Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight3 OT(1.5x) OT(2x) From To Hourly Rate' Increase for Classifications Only Construction Inspector** $241.69 $0.00 $0.00 1/1/2025 12/31/2025 $92.24 0% $248.94 $0.00 $0.00 1/1/2026 12/31/2026 $95.01 3% $256.40 $0.00 $0.00 1/1/2027 12/31/2027 $97.86 3% Administrative Assistant $75.28 $0.00 $0.00 1/1/2025 12/31/2025 $28.73 0% $22.50-$41.50 $77.54 $0.00 $0.00 1/1/2026 12/31/2026 $29.59 3% $79.86 $0.00 $0.00 1/1/2027 12/31/2027 $30.48 3% Project Administrator $86.02 $0.00 $0.00 1/1/2025 12/31/2025 $32.83 0% $26.50-$45.75 $88.60 $0.00 $0.00 1/1/2026 12/31/2026 $33.81 3% $91.26 $0.00 $0.00 1/1/2027 12/31/2027 $34.83 3% Senior Project Administrator $104.89 $0.00 $0.00 1/1/2025 12/31/2025 $40.03 0% $35.00-$50.50 $108.03 $0.00 $0.00 1/1/2026 12/31/2026 $41.23 3% $111.27 $0.00 $0.00 1/1/2027 12/31/2027 $42.47 3% Intern $59.40 $0.00 $0.00 1/1/2025 12/31/2025 $22.67 0% $21.00-$25.00 $61.18 $0.00 $0.00 1/1/2026 12/31/2026 $23.35 3% $63.02 $0.00 $0.00 1/1/2027 12/31/2027 $24.05 3% Assistant Surveyor $100.22 $0.00 $0.00 1/1/2025 12/31/2025 $38.25 0% $38.00-$38.50 $103.23 $0.00 $0.00 1/1/2026 12/31/2026 $39.40 3% $106.33 $0.00 $0.00 1/1/2027 12/31/2027 $40.58 3% Licensed Surveyor $161.80 $0.00 $0.00 1/1/2025 12/31/2025 $61.75 0% $55.00-$67.50 $166.65 $0.00 $0.00 1/1/2026 12/31/2026 $63.60 3% $171.65 $0.00 $0.00 1/1/2027 12/31/2027 $65.51 3% 1 Man Survey Crew** $221.06 $0.00 $0.00 1/1/2025 12/31/2025 $84.37 0% $227.70 $0.00 $0.00 1/1/2026 12/31/2026 $86.90 3% $234.53 $0.00 $0.00 1/1/2027 12/31/2027 $89.51 3% 2 Man Survey Crew** $240.64 $0.00 $0.00 1/1/2025 12/31/2025 $91.84 0% $247.86 $0.00 $0.00 1/1/2026 12/31/2026 $94.60 3% $255.29 $0.00 $0.00 1/1/2027 12/31/2027 $97.43 3% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All cost must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate=actual hourly rate*(1+ICR)*(1+Fee).Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate.For classification only,enter the Average Hourly Rate for that classification. 4 of4 Local Assistance Procedure Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in the contract are actual, resonable,allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Acceptable Accounting Principles(GAAP) 8. Terms and conditions of the contract. 9. Title 23 United State Code Secion 112-Letting of Contracts 10.48 Code of Federal Regulations Part 31-Contract Cost Principles and Procedures 11.23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 12.48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts.All documentation of the compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Dave Norman Title* : Director of Operations Signature: ( �,,�, �a-Zj ?/ Date of Certification (mm/dd/yyyy): 3/13/2025 �n/com Phone Number: 559 449-2700 Email: dnorman@pp g. ( ) Address: 455 W. Fir Avenue, Clovis,CA 93611 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Finanacial Officer, or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Appendix F California Safe Harbor Indirect Cost Rate Program Consultant Firm Certification of Eligibility and Certification of Financial Management System Consultant Firm Name Melton Design Group, Inc. Local Agency (if applicable) County of Fresno Contract Number / Federal Project Number PWP24-036 Contract Total $ TBD For Subconsultant Firms - estimated % of work to be performed TBD Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 9017o Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others). Consultant Firm Certification of Eligibility I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as I: 1 . Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1 M, regardless of the participation amount. 2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract. AND 1 . Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR. 2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate. Certification of Financial Management System I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system SHR Form Revised 9/25/2020 1 California Safe Harbor Indirect Cost Rate Program adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs. Print Name Gregory V. Melton Signature —161"` _ (Electronic Signature Allowed) Title President/CEO Date Completed 03/13/2025 Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company's management. Definition of Terms Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor. Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31 .202. Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31 . 203. References Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles. Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards. Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management. Title 23 United States Code (U.S.C.), Chapter 1 , Section 112 - Letting of Contracts. Title 23 CFR, Chapter 1 , Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services. American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition). SHR Form Revised 9/25/2020 2 California Safe Harbor Indirect Cost Rate Program Caltrans Contract If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm's Financial Management System. SHR Form Revised 9/25/2020 3 California Safe Harbor Indirect Cost Rate Program Questionnaire for Evaluating Consultant Firm's Financial Management System Consultant Firm Name Melton Design Group, Inc. Firm Headquarters Address 820 Broadway Street Chico, CA 95928 Accounting Records • Location where Accounting records are held 820 Broadway Street, Chico • Name and Title Teresa Walsh, Office Manager/Controller • Email and Phone Teresa@meltondg.com, 530-899-1616 • Mailing Address 820 Broadway Street Chico, CA 95928 To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm's financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments. Instructions 1 . Answer all questions and provide an explanation and additional supporting documentation where requested. 2. If additional space is required, please attach a separate sheet and refer to items being answered by number. Has the Firm developed an indirect cost rate in the past? Yes No X If "Yes", you are NOT ELIGIBLE to use the SHR. DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule. Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes No X Or Local Government contract > $1 M, regardless of the participation Amount? If "Yes", you are NOT ELIGIBLE to use the SHR. DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report. SHR Form Revised 9/25/2020 4 California Safe Harbor Indirect Cost Rate Program 1 . What form of business entity is the Firm? Sole Proprietorship_ Partnership C Corporation _ S Corporation X Other 2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services X Program Management Preliminary Engineering Design Engineering Surveying Feasibility Studies Mapping or Architectural Related Services Other 3. Does the Firm have prior government contracting experience? Yes No X 4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes No X Non-Labor Yes No X 5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes No X 6. Does the firm assign a unique identification/project number in your accounting system for each contract/project? Yes X No 7. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes? Yes No X SHR Form Revised 9/25/2020 5 California Safe Harbor Indirect Cost Rate Program 8. Do you have written policies on the following cost categories? Accounting Yes X No Overtime Yes X No Billing Yes X No Direct/Indirect Expenses Yes No X Timesheet Preparation Yes X No Prevailing Wage Yes No X Bonus Yes No X 9. What types of employee status will the Firm provide for this contract? Non-exempt X Exempt-salaried X Exempt-hourly Contract Employee Other 10.Does the Firm pay overtime for exempt employees? Yes No X 11 .Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply) Vehicle X Shipping X Computer/CADD Lab X Printing X Travel X Specialty Equipment Other (List below) (List below) 12. Are mileage logs maintained for all vehicles? If no, please explain below. There are no mileage logs maintained for the company vehicle. Mileage would have Explanation to be tracked and noted per instance when in use. Where is the vehicle stored after work? At the home of one of our Project Managers. Does employee use vehicle for personal use? Yes No No. What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement? $ .75 per mile SHR Form Revised 9/25/2020 6 California Safe Harbor Indirect Cost Rate Program I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate. Print Name Teresa Walsh Signature (Electronic Signat Allowed) Title Office Manager/Controller Date Completed 03/13/2025 Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company's management. SHR Form Revised 9/25/2020 7 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved,this form is not required.) Consultant's Full Legal Name: Bedrock Engineering, Inc Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore,the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries. Indirect Cost Rate: Combined Rate 199.24 %OR Home Office Rate % and Field Office Rate(if applicable) % Facilities Capital Cost of Money % (if applicable) Fiscal period*2023 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor,indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging,job costing, and accounting systems meet the standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U.S.C.)Section 112(b)(2);48 CFR Part 31.201-2(d);23 CFR Chapter 1,Part 172.1l(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct,indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost Page 1 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Part 172.11(c)(4) • False Claims Act-Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C. Section 1001 • Major Fraud Act-Title 18 U.S.C. Section 1031 All A&E Contract Information: • Total participation amount$2,686.00 on all State and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant's experience with 48 CFR Part 31 is 5 • Audit history of the consultant's current and prior years(if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans ICR Audit El CPA ICR Audit ❑ Federal Gov't ICR Audit I,the undersigned,certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Kendle Nichols Title**: CFO Signature: A'a4l& /��� Date of Certification(mm/dd/yyyy): 04/17/2025 Email**: accounting@bedrockeng.com Phone Number**: 559-645-4849 **An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution: 1)Original-Local Agency Project File 2)Copy-Consultant 3)Copy-Caltrans Audits and Investigations Page 2 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant's Full Legal Name: Provost & Printchard Engineering Group, Inc. Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries. Indirect Cost Rate: Combined Rate 138.20 %OR Home Office Rate % and Field Office Rate(if applicable) % Facilities Capital Cost of Money % (if applicable) Fiscal period*October 1,2023 through September 30, 2024 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor,indirect costs,or other direct costs on all federally- funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging,job costing,and accounting systems meet the standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U.S.C.)Section 112(b)(2);48 CFR Part 31.201-2(d);23 CFR. Chapter 1,Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct,indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect,and unallowable costs into separate cost Page 1 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system;and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Part 172.11(c)(4) • False Claims Act-Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C. Section 1001 • Major Fraud Act-Title 18 U.S.C. Section 1031 All A&E Contract Information: • Total participation amount$ on all State and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant's experience with 48 CFR Part 31 is • Audit history of the consultant's current and prior years(if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans ICR Audit ❑ CPA ICR Audit ❑ Federal Gov't ICR Audit I,the undersigned,certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Dave Norman Title**: Director of Operations Signature:::f� Date of Certification(mm/dd/yyyy): 03/13/2025 Email**: dnorman@ppeng.com Phone Number**: (559) 449-2700 **An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution: 1)Original-Local Agency Project File 2)Copy-Consultant 3)Copy-Caltrans Audits and Investigations Page 2 of 2 March 2018 County of Fresno - On-Call Engineering Consultant Services Appendix G SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as "Count 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, p forming 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 nd in which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing this disc sure form. INSTRUCTIONS (1) Enter board member's name,job title (if applic e), and date this disclosure is being made. (2) Enter the board member's company/age name and address. (3) Describe in detail the nature of the elf-dealing transaction that is being disclosed to the County. At a minimum, include description of the following: a. The name of the ency/company with which the corporation has the transaction; and b. The natur f the material financial interest in the Corporation's transaction that the board ember has. (4) Describ ' detail why the self-dealing transaction is appropriate based on applicable prov' ons of the Corporations Code. (5) orm must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). County of Fresno - On-Call Engineering Consultant Services Appendix G (1)Company Board Member Information: Name: Date: Job Title: (2)Company/Agency Name and Address: (3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a): (5)Authorized Signature Signature: Date: PROVOST&PRITCHARD Appendix CONSULTING - ■ ABOUT THE FIRM _ 40, ;,*"Now I, -1 Z1 _ In 1968, Provost& Pritchard Consulting Group began a tradition of excellence in Central California. Over the years, Provost& Pritchard has grown, in size, services offered, and geography. With office locations throughout California, our staff is diverse in their specialties. -c- OUR SERVICES INCLUDE Water Resource Engineering Geographic Information Systems (GIS) Public Works Engineering Land Use Planning Water Treatment Environmental Planning Agricultural Engineering and Consulting Surveying Land Development Engineering Construction Management Structural Engineering Biological Resources Consulting Environmental Engineering National Parks Roof Consulting & Design Caves & Tunnels Clovis - Visalia - Bakersfield - Modesto - Los Banos - Chico - Sacramento - Sonora - San Luis Obispo - Boise, ID www.provostandpritchard.com - info@ppeng.com SERVICES (CONTINUED) PROVOST&PRITCHARD TECHNICAL AREAS Engineering Water Treatment On-Farm Irrigation&Drainage • Water Resources Water Supply&Wells Water Modeling • Public Works Water Storage& Distribution Master Planning • Agriculture Storm Drainage Sewer Pipelines • Structural Flood Control Litigation Support • Site Civil Water Reuse& Recharge Road Design & Improvements • Environmental Site Development Wastewater Collection&Disposal Construction Documents Construction Administration Consulting District Engineering&Management Water Transfers Contract City Engineering& Planning SGMA Consulting On-Call Engineering&Planning Regulatory Approvals Project& Program Management Grant Writing&Administration Surveying Topographic Aerial Photogrammetric Survey Coordination Construction Staking GPS Surveys(RTK, Fast Static, CORS) Records of Survey Parcel Maps Legal Descriptions Parcel Map Waivers Horizontal and Vertical Control Networks Parcel Line Adjustments ALTA/NSPS Land Title Surveys Subdivision Maps Construction Management Bid Process Support Estimating Constructability Reviews Pre-Construction Support Contract Document Preparation Project Closeout Contractor Pre-Qualifications Project Management&Construction Dry Utility Coordination Observation Stormwater Pollution Prevention Plans(SWPPP) Planning CEQA and NEPA Community Outreach Planning&Facilitation • Environmental Planning&Review Air Quality Modeling Subdivision and Site Plan Design • Community Planning& Design Water Supply Assessment Staff Liaison to Committees General Plans, and Specific Plans Municipal Service Reviews and Annexations • Local Agency Staffing Zoning and Subdivision Ordinances Special Planning and Related Studies&Reports Biological Consulting Biological Reconnaissance Surveys Revegetation Plans, Monitoring,and Reporting Habitat Assessments Tree Inventories, Mapping, Monitoring Aquatic Resources Delineations Construction Monitoring and Reporting Mitigation and Monitoring Plans Pre-Construction Surveys California &Federal Permitting Services Nesting Bird Surveys and Nest Monitoring Roof Consulting&Design Failure Investigations Construction Observation Condition Assessment Preventative Maintenance Re-roof Design Litigation Support GIS Agricultural & Municipal Facility Maps Watershed Analysis Groundwater Contour Mapping Groundwater Pollutants Mapping GPS Data Collection for GIS Land Use&Crop Mapping Soils, FEMA&Species Reports Unmanned Aerial Vehicle(UAV)Services Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • info@ppeng.com -CBEDROGK RESUME ENGINEERING Fresno County RFQ 2021 A&E Consultant and Related Services A solid foundation for your next project Statement of Qualifications DAVID O. HARTLEY, RCE, QSD PRINCIPAL, ENGINEERING PROJECT MANAGER Mr. Hartley is a Registered Civil Engineer in the State of California and is Secretary and Chief Financial Officer of Bedrock Engineering, Inc. His twenty-six years of post- graduation engineering experience includes design of grading, street, sanitary sewer,water, and storm drain improvements for municipal, industrial, residential, and commercial developments. Mr. Hartley also has extensive experience in processing plans through numerous government agencies, in managing topographic survey and construction staking projects, and in preparing storm water pollution prevention plans and dust control plans. i RELEVANT EXPERIENCE Fresno Housing Authority RAID Projects, Fresno, CA i�(� ' - _ - Prepared SWPPP's and is currently performing QSP inspections for the Cedar Court 1, Cedar Court 2, and Inyo Terrace apartment complex rehabilitation projects. EDUCATION Self-Help Enterprises Viscaya Gardens Multi-family Apartment Complex, Dinuba, CA BSc, Dual Major in Civil - Designed grading, SWPPP, and utility plans, and performed QSP inspections for Engineering and Applied the 5 acre, 52 unit residential development. Mathematics Self-Help Enterprises Parksdale Village 1 and 2 Multi-family Apartment Complexes California State University, Fresno, CA 1994 - Designed, prepared, and processed the grading, street, and utility plans, and managed construction staking for the two 5 acre,48 unit residential REGISTRATION developments in Madera County, CA RCE 57321 (CA) City of Selma, Fresno County, CA QSD/QSP 00464 (CASQA) - Street reconstruction projects, Selma: prepared and processed street YEARS WITH BEDROCK reconstruction and striping plans for over 10 separate projects,totaling over 10 13 miles of street, striping, and sidewalk improvements. TOTAL YEARS OF EXPERIENCE Trinity Avenue, Fourth Street and Orange Avenue Reconstruction Project, Chowchilla 28 - Prepared and processed street reconstruction and striping plans, and supervised ADDITIONAL EXPERIENCE and managed all construction staking. Tau Beta Pi The Shops at Riverpark and The Marketplace at Riverpark, Fresno, CA - Managed control and topographic surveys, prepared base maps, and provided engineering consulting for site ADA-compliance improvements for the 78 acre commercial developments. The Square at Campus Pointe, CSUF, Fresno, CA - Managed topographic survey, and designed, prepared, and processed grading plan, SWPPP, and onsite utility plans for the 20 acre commercial development. EMPLOYMENT HISTORY Bedrock Engineering, Inc., Madera, CA, October 2008-Present - CFO, Engineering Project Manager Michael Sutherland and Associates, Inc, Madera, CA, May 1996 - October 2008 - Survey Project Manager Bettencourt Engineering, Fresno, CA,June 1993-May 1996 - Assistant Engineer/Draftsman -- -- ---- -- --. _ _ _. Appendix 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 - 1 Conflict of interest forms shall be filed as follows: 2 1. As required by Government Code section 87500, subdivision(e),the County 3 Administrative Officer, District Attorney, County Counsel, and Auditor-Controller/Treasurer- 4 Tax Collector shall file one original of their statements with the County Clerk,who shall make 5 and retain a copy and forward the original to the Fair Political Practices Commission, which 6 shall be the filing officer. 7 2. As required 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 20 Chairman, Board of Supervisors 21 22 Attest: 23 24 25 Clerk 26 27 28 i COUNTY OF FRESNO Fresno,Cslnarnia 2 County of Fresno Fresno,California 2 COUV rl Conflict of Interest Code [n Email Me] Double click! 1eS ! Local Agency Annual / Biennial Report F-RE`s. 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 PWP I hereby approve the foregoing reported information for our department: stwhite 12/28/2023 9:48:57 AM [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 "A" PUBLIC WORKS AND PLANNING Classification Category Accountant I / II 2 Architect 1 Building Inspector I / II 1 Building Plans Engineer 1 Chief Building Inspector 1 Chief of Field Surveys 1 Consultant Deputy Director of Planning 1 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 / 11 / III 1 Housing Rehabilitation Specialist I / 11 1 Information Technology Analyst I / II / III / IV 2 Landfill Operations Manager 1 Planner I / II / III 1 Planning and Resource Management Official 1 Principal Accountant 1 Principal Planner 1 PFORGincrpaal Staff ARalyst Program Manager 1 P NOG Works and DlonniRg B iciness MaRa ver I Public Works and Planning Finance Division Manager 1 R bliG Works and Planning Information TeGhn y onager 1 Departmental 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 Classification Category Staff Analyst I / 11 / 111 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. EXHIBIT "B" PUBLIC WORKS AND PLANNING 1. Persons in this category shall disclose all reportable investments, interests in real property, sources of income (including gifts), and business positions. Financial interests (other than gifts) are reportable only if located within or subject to the jurisdiction of Fresno County, or if the business entity is doing business or planning to do business in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the filing of the statement. Real property shall be deemed to be within the jurisdiction of the County if the property or any part of it is located within or not more than two miles outside the boundaries of the County (including its incorporated cities) or within two miles of any land owned or used by the County. 2. Persons in this category shall disclose all reportable investments in, income from (including gifts), and business positions with any business entity which, within the last two years, has contracted or in the future foreseeably may contract with Fresno County through its Public Works and Planning Department, Solid Waste Commissions within the jurisdiction, or to any other joint powers agency which Fresno County is a member to provide services, supplies, materials, machinery, or equipment to the County. 3. Persons in this category shall disclose all interests in real property within the jurisdiction of Fresno County. Real Property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of Fresno County (including its incorporated cities) or within two miles of any land owned or used by the County. tiT6_ Macros Must Be Enabled --Please Re-open and Enable Conflict of Interest Code [0 Email Me] 0 of the County of Fresno Double click! Steven E. White, HEREBY SUBMITS THE FOLLOWING AMENDED CONFLICT OF INTEREST CODE TO THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO. AGENCY: Public Works and Planning stwhite 12/29/2023 11-46-28 AM [a Sign] Double click! Department Head Signature/Date RECEIVED ON BEHALF OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO. Q , �. ��yQ [Q Sign] Doubleaick! Clerk of the Board of Supervisors THE FOLLOWING CONFLICT OF INTEREST CODE, HAVING BEEN SUBMITTED BY THE AGENCY DESIGNATED ABOVE, WAS APPROVED BY ORDER OF THE CODE- REVIEWING BODY ON ,2, /4 OTHER ACTION (IF ANY): N/A c r L. [Q Sign] Double click! Clerk of the Board of Supervisors Appendix J Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION (Federally funded projects only) The Agency has established a DBE goal for this Contract of 2 1 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or"DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. • The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or"SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. Page 1 of 2 January 2020 Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website 1. Click on the link titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Query Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. Page 2 of 2 January 2020 Appendix K Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: County of Fresno 2. Contract DBE Goal: 21% 3. Project Description: On-Call A&E consultants and other related services - Public Works and Planning 4. Project Location: Various locations in Fresno County 5.Consultant's Name: Melton Design Group, Inc. 6. Prime Certified DBE: ❑ 7.Total Contract Award Amount: On-call 8.Total Dollar Amount for ALL Subconsultants: 9.Total Number of ALL Subconsultants: 10. Description of Work,Service,or Materials 11. DBE 13. DBE Supplied Certification 12. DBE Contact Information Dollar Number Amount Local Agency to Complete this Section 20. Local Agency Contract $ nlii Hh 14.TOTAL CLAIMED DBE PARTICIPATION 21. Federal-Aid Project Number: 22. Contract Execution nata Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is required. Teresa Walsh oa9'e 202505,29120453 5/29/25 23.Local Agency Representative's Signature 24. Date 15.Preparer's Signature 16. Date Teresa Walsh 530-899-1616 25. Local Agency Representative's Name 26.Phone 17.Preparer's Name 18. Phone Office Manager/Controller 27. Local Agency Representative's Title 19.Preparer's Title DISTRIBUTION: 1.Original—Local Agency 2.Copy—Caltrans District Local Assistance Engineer(DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654- 3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. Page 1 of 2 July 23,2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS—CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1.Local Agency-Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement. 3.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic Rehab, Overlay,Widening, etc). 4.Project Location-Enter the project location as it appears on the project advertisement. 5. Consultant's Name-Enter the consultant's firm name. 6.Prime Certified DBE-Check box if prime contractor is a certified DBE. 7.Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant. 8.Total Dollar Amount for ALL Subconsultants—Enter the total dollar amount for all subcontracted consultants. SUM=(DBEs+all Non-DBEs).Do not include the prime consultant information in this count. 9.Total number of ALL subconsultants—Enter the total number of all subcontracted consultants. SUM=(DBEs+all Non-DBEs).Do not include the prime consultant information in this count. 10.Description of Work,Services,or Materials Supplied-Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100%of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11.DBE Certification Number-Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12.DBE Contact Information-Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13.DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14.Total Claimed DBE Participation- $: Enter the total dollar amounts entered in the"DBE Dollar Amount"column. %: Enter the total DBE participation claimed("Total Participation Dollars Claimed"divided by item"Total Contract Award Amount"). If the total% claimed is less than item"Contract DBE Goal,"an adequately documented Good Faith Effort(GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the LAPM). 15.Preparer's Signature-The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16.Date-Enter the date the DBE commitment form is signed by the consultant's preparer. 17.Preparer's Name-Enter the name of the person preparing and signing the consultant's DBE commitment form. 18.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19.Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20.Local Agency Contract Number-Enter the Local Agency contract number or identifier. 21.Federal-Aid Project Number-Enter the Federal-Aid Project Number. 22. Contract Execution Date-Enter the date the contract was executed. 23.Local Agency Representative's Signature-The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24.Date-Enter the date the DBE commitment form is signed by the Local Agency Representative. 25.Local Agency Representative's Name-Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27.Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23,2015 Appendix L Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application ❑✓ a. initial ❑ b. grant ✓ b. initial award b. material change H c. cooperative agreement c. post-award d. loan For Material Change Only: He. 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 Subaw dee, Enter Name and Address of Prim . PI Prime ❑Subawardee Tier if known Congressional District,if known Congressional Distri ,if known 6. Federal Department/Agency: /AA ral Progra ame/Description: A Nu er,if applicable 8. Federal Action Number,if known: r mount,if known: 10. Name and Address of Lobby Entity 11. dividuals Performing Services (If individual,last name,first name,MI) (including address if different from No. 10) (last name,first name,MI) (attach Continu on Sheet(s)if necessary) 12. Amount of Payment(check all that appl 14. Type of Payment(check all that apply) $ actual armed a. retainer b. one-time fee 13. Form of Payment(check all t t apply): c. commission ® a. cash d. contingent fee b. in-kind;speci :nature e deferred Value f other,specify 15. Brief Descrip ' of Services Performed or to be performed and Date(s)of Service,including officer(s),a ployee(s),or member(s)contacted,for Payment Indicated in Item 12: (attach Continuation Sheet(s)if necessary) 16. ntinuation Sheet(s)attached: Yes ❑ No ❑ 17.Information requested through this form is authorized by Title Digitally signed by Gregory V.Melton 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: Gregory V. Melton Date:2025.05.29 11:17:17-07'00' 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: Gregory Melton 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: President/CEO person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: 530-899-1616 Date: 5/29/25 Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.04-28-06 Distribution: Orig-Local Agency Project Files Page 1 LPP 13-01 May 8,2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts,subgrants,and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of the prime federal recipient. Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial(MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the 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 Page 2 LPP 13-01 May 8,2013 County of Fresno - On-Call Architecture and Engineering Consulting Appendix M and Related Services 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. Digitally signed by Gregory V. Gregory V. Melton Melton 05/29/2025 Signature: Date:2025.05.2911:18:21-07'00' Date: Page 1 of 1