HomeMy WebLinkAbout2025-On-Call-Agreement-TJKM.pdf On-Call Agreement for
Architectural and Engineering Consultant and Other Related Services
Agreement
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. Indirect Cost Rate........................................................................................................ 13
D. Retention.................................................................................................................... 13
E. Payments.................................................................................................................... 14
F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 15
6. Independent Contractor......................................................................................... 16
7. Modification / Change In Terms............................................................................ 17
8. Non-Assignment .................................................................................................... 18
9. Hold Harmless........................................................................................................ 18
10. Liability Insurance.................................................................................................. 19
A. Commercial General Liability....................................................................................... 19
B. Automobile Liability...................................................................................................... 19
C. Professional Liability Insurance: ..................................................................................20
D. Worker's Compensation .............................................................................................20
E. Additional Requirements Relating to Insurance..........................................................20
11. Audits / Retention of Record.................................................................................22
12. Notices ....................................................................................................................23
13. Governing Law .......................................................................................................23
14. Disclosure of Self-Dealing Transactions..............................................................23
15. Electronic Signature ..............................................................................................23
16. Subconsultants ......................................................................................................24
I. Prompt Progress Payment............................................................................................26
J. Prompt Payment of Withheld Funds to Subconsultants ..............................................26
17. Conflict of Interest .................................................................................................27
18. Errors or Omissions Claims and Disputes ..........................................................29
19. Ownership of Data .................................................................................................31
20. Consultant's Legal Authority ................................................................................33
21. Binding Upon Successors.....................................................................................33
22. Severability.............................................................................................................33
23. State Prevailing Wage Rates.................................................................................34
C. Payroll Records...........................................................................................................34
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E. Penalty.....................................................................................................................36
2 F. Hours of Labor .........................................................................................................38
G. Employment of Apprentices .....................................................................................39
3 24. Disadvantaged Business Enterprises (DBE) Participation.................................39
F. Contract Assurance .....................................................................................................41
4 G. Termination and Replacement of DBE Subconsultants .............................................41
H. Termination of DBE Subconsultants ........................................................................42
5 1. Replacement of DBE Subconsultants 43
6 H. Commitment and Utilization.........................................................................................45
25. Cost Principles.......................................................................................................49
7 26. Audit Review Procedures......................................................................................49
27. Equipment Purchase .............................................................................................52
8 28. Rebates, Kickbacks or Other Unlawful Consideration........................................53
29. Prohibition of Expending County, State, or Federal Funds for Lobbying.........53
9 30. Non-Discrimination Clause and Statement of Compliance ................................54
10 31. Debarment and Suspension Certification............................................................56
32. Funding Requirements ..........................................................................................57
11 33. Contingent Fees.....................................................................................................58
34. Inspection of Work.................................................................................................58
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35. Safety ......................................................................................................................58
13 36. Claims Filed by the County's Construction Contractor......................................59
37. Confidentiality of Data ...........................................................................................59
14 38. National Labor Relations Board Certification......................................................60
39. Evaluation of the Consultant.................................................................................61
15 40. Entire Agreement ...................................................................................................61
41. Signatures...............................................................................................................62
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17 Appendices
18 Appendix A — Listing of all consultants, including CONSULTANT'S "Project Manager"
19 Appendix B — Scope
Appendix C — Project Team
20 Appendix D — Deliverables
Appendix E — Cost Proposal
21 Appendix F — Indirect Cost Rate (ICR) Form(s)
Appendix G — Self Dealing Transaction Disclosure Form
22 Appendix H — Subconsultants
23 Appendix I — Conflict of Interest Code
Appendix J — DBE Information
24 Appendix K — DBE Forms
Appendix L — Disclosure Form to Report Lobbying
25 Appendix M — Debarment and Suspension Certification
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Agreement# D-25-257
1 CONSULTANT AGREEMENT
2 THIS AGREEMENT for Architectural and Engineering Consultant Services,
3 hereinafter referred to as "Agreement," is made and entered into this 23rd day of
4 June 2025, by and between the County of Fresno, a Political Subdivision of the
5 State of California, hereinafter referred to as "County"; and TJKM Transportation
6 Consultants, a C Corporation, whose address is4305 Hacienda Drive, Suite 550,
7 Pleasanton, CA 94588 hereinafter referred to as "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 architecture, 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
20 certain 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 ehaagen son fresnocountyca.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
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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
g 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 (and, if applicable to this Agreement, Article 24 "Disadvantaged Business Enterprises").
27 E. Services provided by Consultant on Projects relating to the construction or
28 improvement of roads and bridges shall be done in accordance with American Association
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1 of State Highway and Transportation Officials (AASHTO) requirements for applicable
2 structures.
3 F. All projects funded wholly or in part by CALTRANS must conform to all
4 requirements imposed by CALTRANS and the Federal Highway Administration (FHWA), as
5 specified in Chapter 10 of the CALTRANS LAPM.
6 G. The services that may be furnished by the Consultant under this Agreement
7 are for all or a portion of the services the Consultant is allowed to provide within the
8 applicable professional discipline limits, as defined in California State License Law, for
9 various Projects on an as needed basis.
10 H. The Consultant agrees to provide the professional services that are
11 necessary for each Project when expressly authorized in writing by the Contract
12 Administrator. Such work by the Consultant shall not begin until the CONSULTANT has
13 received a written Notice to Proceed (NTP) or Task Order from the Contract Administrator
14 authorizing the necessary service, agreed upon fee, and scope of work.
15 I. The Consultant shall submit proposals in response to requests issued by the
16 Contract Administrator on a project-by-project basis. The Consultant's proposal at a
17 minimum shall include, but not be limited to, staff qualifications, proposed method and
18 schedule for completing the task(s), completed federal forms and a sealed cost proposal.
19 The Consultant agrees that each professional or other individual performing work on any
20 such Project(s) shall be adequately trained to perform the work and shall possess the
21 proper license, certification or registration as required by law or by accepted standards of
22 the applicable profession. The Consultant agrees to provide the professional services that
23 are necessary to complete the requested tasks consistent with the scope of its Contracted
24 discipline(s), as listed in Appendix B ("Scope"), when expressly authorized in writing by the
25 Contract Administrator.
26 J. Submissions of reports, plans, specifications, and estimates will be submitted
27 in the formats, quantities, and delivery methods delineated in Appendix D "Deliverables"
28 hereto unless other formats, quantities, and/or delivery methods have been mutually
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1 agreed upon, in writing, prior to the Consultant's submittal. The Consultant shall verify
2 compatible format and quantity prior to final delivery.
3 K. Assist the County, at the Director's express, written authorization, with any
4 claim resolution process involving the construction Contractor and the County as specified
5 hereunder, including serving as a witness in connection with any public hearings or legal
6 proceeding, and also including dispute resolutions required by law or hereunder. The
7 parties recognize that this clause is provided as a means of expediting resolution of claims
8 among the construction Contractor, the County, and the Consultant. However, it is
9 understood the construction Contractor is not an intended third-party beneficiary of this
10 clause. Compensation for these services shall be computed and invoiced at the same
11 hourly rates listed in Appendix E hereto, including travel costs that are being paid for the
12 Consultant's personnel services under this Agreement. Any assistance provided by the
13 Consultant as described in this Article 1, Section K shall be subject to the provisions of
14 Article 5 hereinafter, and shall also be subject to the following:
15 1. The Director may believe the Consultant's work under this Agreement
16 to have included negligent errors or omissions, or that the Consultant may otherwise have
17 failed to comply with the provisions of this Agreement, either generally or in connection with
18 its duties as associated with a particular Project; and that the cause(s) for a claim by the
19 construction Contractor may be attributable, in whole or in part, to such conduct on the part
20 of the Consultant. Upon notice by the Director, the payments to the Consultant for such
21 arguably deficient services shall be held in suspense by the County until a final
22 determination has been made, of the proportion that the Consultant's fault bears to the fault
23 of all other parties concerned.
24 2. Such amounts held in suspense shall not be paid to the Consultant,
25 pending the final determination as to the Consultant's proportional fault. However, the
26 appropriate percentage of such amount held in suspense shall be paid to the Consultant,
27 once a final determination has been made, and the Consultant thereafter submits a proper
28 invoice to the County. Payment shall be issued in accordance with the procedure outlined
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1 in Article 5, Section E, Paragraph 2.
2 L. The Consultant's personnel shall typically be assigned to and remain on
3 specific Department projects/deliverables until completion and acceptance of the
4 project/deliverables by the Department. Personnel assigned by the Consultant shall be
5 available at the start of a Task Order and after acceptance of the project/deliverable by the
6 Department.
7 M. After the Contract Administrator's approval of the Consultant's personnel
8 proposal and finalization of a Task Order, the Consultant may not add or substitute
9 personnel without the Contract Administrator's prior written approval.
10 2. Obligations of the County
11 The County will:
12 A. Provide eligible consultants the opportunity to compete for Task Orders on a
13 project-by-project basis by providing a miniature Request for Proposal (mini-RFP), except
14 as specified under Section B. The Consultant's eligibility for project types, disciplines, and
15 services is listed in Appendix B.
16 B. The County reserves the right to suspend competition under this Agreement
17 and engage the services of an eligible qualified consultant from the listing attached as
18 Appendix A, in the event that one or more of the following circumstances apply to the
19 needed work:
20 1. Service is available only from a single source;
21 2. There is an emergency which will not permit the time necessary to
22 conduct competitive negotiations;
23 3. After the mini-RFP is issued (as provided in the immediately preceding
24 Section A) competition is determined to be inadequate;
25 4. Services of expert witnesses for litigation or special counsel to assist
26 the County are needed.
27 C. Issue Task Orders on a project-by-project basis. Task Orders will at a
28 minimum include scope of work, location, and schedule for the Project.
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1 D. Provide the Consultant with a Project Scope and Schedule, and compensate
2 the Consultant as provided in this Agreement.
3 E. Provide an individual Project Administrator to serve as a representative of the
4 County who will coordinate and communicate with the Consultant on all Project technical
5 work, to the extent appropriate, in an effort to facilitate the Consultant's performance of its
6 obligations in accordance with the provisions of this Agreement.
7 F. Provide basic plan sheet layouts as required.
8 G. Examine documents submitted to the County by the Consultant and timely
9 render decisions pertaining thereto.
10 H. Provide aerial photographs as required.
11 I. Provide copies of any available existing as-built plans and right-of-way
12 drawings from the County's files.
13 J. Provide list of property owners with addresses for notification of property
14 owners upon the Consultant's request.
15 K. Provide preliminary engineering survey data on existing structures and
16 topographic mapping in the formats, quantities, and delivery methods delineated in
17 Appendix D to the Consultant, if available.
18 L. Prepare all legal descriptions and drawings required for right-of-way
19 acquisition and/or temporary construction permits.
20 M. Provide limited assistance to Consultant, as may be appropriate under the
21 circumstances, in connection with Consultant's processing of required permits.
22 N. Give reasonably prompt consideration to all matters submitted for approval by
23 the Consultant in an effort to assist the Consultant in avoiding any substantial delays in the
24 Consultant's program of work. An approval, authorization or request to the Consultant given
25 by the County will be binding upon the County under the terms of this Agreement only if it is
26 made in writing and signed on behalf of the County by the Contract Administrator.
27 3. Term of Agreement
28 A. The term of this Agreement shall be for a period of three (3 years), commencing
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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. Improperly performed service.
28 In no event shall any payment by the County constitute a waiver by the County of
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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 Contractor.
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
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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 County 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 is 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 subconsultant's 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 subconsultant's 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
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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.
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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. Indirect Cost Rate
5 1. In accordance with Article 16, the Indirect Cost Rate (ICR) listed in the
6 Consultant's Cost Proposal (Appendix E) shall match the ICR listed for the Consultant's
7 ICR Forms and all subconsultant's ICR Forms, attached hereto as Appendix F and
8 incorporated by reference.
g The ICR Forms attached as Appendix F for Consultant or subconsultant with an
10 approved ICR are:
11 a. Consultant Annual Certification of Indirect Costs and Financial
12 Management System (Exhibit 10-K);
13 b. The ICR Schedule with FAR References for Disallowed Costs;
14 c. The Cognizant Approval Letter for the ICR FYE Proposed.
15 The ICR Forms attached as Appendix F for Consultant or subconsultant without an
16 approved ICR is an approved California Safe Harbor Indirect Cost Rate Program
17 Consultant Certification of Eligibility of Contract Costs and Financial Management,
18 otherwise known as a Safe Harbor Rate (SHR) Request Form.
19 2. All parties agree to fix the ICR for the term of the Contract.
20 D. Retention
21 In addition to any amounts withheld under Article 1, the Consultant agrees that the
22 County, at the discretion of the Contract Administrator, may withhold a five percent (5%)
23 retention from the earned compensation of the Consultant. If the Contract Administrator
24 determines that retention will not be withheld for a Project, the Contract Administrator will
25 so state in writing prior to commencement of the Project by the Consultant. The Contract
26 Administrator will identify in writing prior to commencement of the Project the Project-
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1 specific prerequisites (such as successful completion of a Project phase, as an example)
2 for the release of retentions.
3 E. Payments
4 1. Progress payments will be made by the County upon receipt of the
5 Consultant's monthly invoices and approval by the Contract Administrator thereof based on
6 the Contract Administrator's evaluation of the completion of the respective components of
7 the assigned Project. Invoices shall clearly identify the Project by Name(s), the Phase and
8 Task(s) comprising the work that is the subject of the invoice, the Notice to Proceed or
9
Task Order number, and the date(s) on which the work was performed. Invoices shall be
10
submitted together with the documentation identified below in Paragraph 5 of this Article 5,
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Section E. Invoices shall be forwarded electronically to:
12
PWPBusinessOffice(a-),fresnocountyca.gov
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2. Upon receipt of a proper invoice, the Contract Administrator will take
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15 a maximum of ten (10) working days to review, approve, and submit it to the County
16 Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be
17 returned to the Consultant for correction and resubmittal. Payment, less retention, if
18 applicable, will be issued to the Consultant within forty-five (45) calendar days of the date
19 the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice.
20 3. The County is entitled to withhold a five percent (5%) retention from
21 the Consultant's earned compensation in accordance with the provisions of Article 5,
22 Section D of this Agreement.
23 4. An unresolved dispute over a possible error or omission may cause
24 payment of the Consultant fees in the disputed amount to be withheld by the County.
25 5. Concurrently with the invoices, the Consultant shall certify (through
26 copies of issued checks, receipts, or other County pre-approved documentation) that
27 complete payment, less a five percent (5%) retention if applicable, has been made to all
2s
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1 subconsultants as provided herein for all previous invoices paid by the County. However,
2 the parties do not intend that the foregoing creates, as to any subconsultants or
3 subcontractors, any purported third-party beneficiary status or any third-party beneficiary
4 rights whatsoever, and the parties do hereby expressly disclaim any such status or rights.
5 6. Final invoices, and separate invoices for retentions, shall be
6 submitted to the Contract Administrator no later than thirty (30) days after the phase is
7 completed. Payment for retentions, if any, shall not be made until all services for the phase
8
are completed.
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7. In the event the Director reduces the scope of the Consultant's work
10
under this Agreement for a specific Project (or discontinues a specific Project), whether due
11
to a deficiency in the appropriation of anticipated funding or otherwise, the Consultant will
12
be compensated on a pro rata basis for actual work completed and accepted by the
13
14 Director in accordance with the terms of this Agreement.
15 8. Credits due Consultant that include any equipment purchased under
16 the provisions of Article 27 Equipment Purchase, must be reimbursed by Consultant prior to
17 the expiration or termination of this Agreement.
18 F. Notice to Proceed / Task Orders / Project Cost Proposal
19 1. Upon the acceptance of a project proposal submitted by the
20 Consultant in accordance with the provisions of Article 1, Section I, and if an agreement
21 has been reached on the negotiable items and total cost in connection therewith, then a
22 specific Project will be assigned to the Consultant through issuance by the Contract
23 Administrator of one or more Task Orders or Notices to Proceed (NTP). Task Orders may
24 be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both
25 of which must be based on the labor and other rates set forth in the Consultant's approved
26 Cost Proposal (Appendix E to this Agreement).
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1 2. A Project Cost Proposal is of no force or effect and no expenditures
2 are authorized on a Project and work shall not commence until an NTP for that Project has
3 been issued by the County.
4 3. If the Consultant fails to satisfactorily complete a deliverable
5 according to the schedule set forth in a Task Order, no payment will be made until the
6 deliverable has been satisfactorily completed.
7 4. When milestone or phase cost estimates are included in the Project
8
Cost Proposal and/or Task Order, the Consultant shall obtain prior written approval for a
9
revised Project Cost Proposal from the Contract Administrator before exceeding such
10
estimate.
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5. The Consultant shall not commence performance of any work or
12
services hereunder until this Agreement has been formally approved by the County and an
13
14 NTP on a specific Project has been issued by the County's Contract Administrator. No
15 payment will be made prior to approval or for any work performed by the Consultant prior to
16 the County's formal approval of this Agreement.
17 6. The period of performance for each NTP shall be in accordance with
18 dates specified in the NTP. Consistent with the provisions of Article 3, Section B, no NTP
19 will be issued that would extend the Consultant's period of performance beyond the
20 expiration date of this Agreement.
21 7. NTP's may not be used to amend any provision of this Agreement or
22 to expand the scope of the Consultant's work as authorized under the provisions of this
23 Agreement.
24 6. Independent Contractor
25 A. In performance of the work, duties and obligations assumed by the Consultant
26 under this Agreement, it is mutually understood and agreed that the Consultant, including any
27 and all of the Consultant's officers, agents, and employees will at all times be acting and
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1 performing as an independent Contractor, and shall act in an independent capacity and not as
2 an officer, agent, servant, employee, joint venturer, partner, or associate of the County.
3 Furthermore, the County shall have no right to control or supervise or direct the manner or
4 method by which the Consultant shall perform its work and function. However, the County
5 shall retain the right to administer this Agreement so as to verify that the Consultant is
6 performing its obligations in accordance with the terms and conditions thereof.
7 B. The Consultant and the County shall comply with all applicable provisions of law
8 and the rules and regulations, if any, of governmental authorities having jurisdiction over
9 matters the subject thereof.
10 C. Because of its status as an independent Contractor, the Consultant shall have
11 absolutely no right to employment rights and benefits available to County employees. The
12 Consultant shall be solely liable and responsible for providing to, or on behalf of, its
13 employees all legally-required employee benefits. In addition, the Consultant shall be solely
14 responsible and save the County harmless from all matters relating to payment of the
15 Consultant's employees, including compliance with Social Security withholding and all other
16 regulations governing such matters. It is acknowledged that during the term of this
17 Agreement, the Consultant may be providing services to others unrelated to the County or to
18 this Agreement.
19 7. Modification / Change In Terms
20 A. This Agreement may be amended or modified only by mutual written agreement
21 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article
22 7, Section C, and Article 16, Section A, any such written amendment to this Agreement
23 may be approved on the County's behalf only by its Board of Supervisors.
24 B. The Consultant shall only commence work covered by an amendment after the
25 amendment has been fully executed and a written NTP has been issued by the Contract
26 Administrator.
27 C. There shall be no change in Consultant's Project Manager or members of the
28 project team, as listed in Appendix A and the approved Cost Proposal (Appendix E, which
17
1 is incorporated as a part of this Agreement as provided in Article 5, Section 1), without prior
2 written approval by the County's Contract Administrator. Any substitutions of personnel
3 must be approved in advance by the Contract Administrator, which approval shall not be
4 unreasonably withheld. The Consultant shall notify the Contract Administrator of the names
5 and classifications of employees assigned to each specific Project and shall not reassign
6 such employees to other projects of the Consultant without notification to and prior approval
7 by the Contract Administrator.
8 8. Non-Assignment
9 Neither party shall assign, transfer or sub-Contract this Agreement or any of its
10 respective rights or duties under this Agreement hereunder, without the prior written
11 consent of the other party.
12 9. Hold Harmless
13 A. The Consultant shall defend, hold harmless and indemnify the County, its
14 officers, agents, and employees, against the payment of any and all costs and expenses
15 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and
16 liability for bodily and personal injury to or death of any person or for loss of any property,
17 economic loss or otherwise resulting from or arising out of any negligent or wrongful acts,
18 errors or omissions of the Consultant, its officers, agents, and employees, in performing or
19 failing to perform any work, services, or functions under this Agreement. Provided,
20 however, and notwithstanding the immediately preceding sentence, with respect to any
21 Project on which the Consultant has provided design professional services as defined by
22 Civil Code Section 2782.8(c), the Consultant has no obligation to pay for any defense
23 related cost prior to a final determination of its liability, based upon the percentage of
24 comparative fault (if any) finally determined to be attributable to the Consultant's
25 negligence, recklessness or willful misconduct. Following any such determination, the
26 Consultant shall be responsible to pay to the County the dollar amount of all such defense
27 costs incurred by the County that is commensurate with the finally determined percentage
28 of the Consultant's liability, based upon the final determination of the Consultant's
18
1 comparative fault. The provisions of this Article 9, Section A shall survive termination of this
2 Agreement.
3 B. The County and the Consultant hereby declare their mutual intent to
4 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the
5 negligent performance or failure to perform of any County construction Contractor (or its
6 subcontractor(s)) involved in the construction of any Project(s). Such cooperation may
7 include an agreement to prepare and present a cooperative defense after consultation with
8 the Consultant's professional liability insurance carrier.
9 10. Liability Insurance
10 Without limiting the County's right to obtain indemnification from the Consultant or
11 any third parties, the Consultant, at its sole expense, shall maintain in full force and effect,
12 the following insurance policies prior to commencement of any work for the County and,
13 thereafter, throughout the entire term of this Agreement.
14 A. Commercial General Liability
15 Commercial General Liability Insurance with limits of not less than Two Million
16 Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four
17 Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. The
18 County may require specific coverages including completed operations, products liability,
19 Contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
20 insurance deemed necessary because of the nature of this Agreement.
21 B. Automobile Liability
22 Comprehensive Automobile Liability Insurance with limits of not less than One
23 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages.
24 Coverage should include any auto used in connection with this Agreement.
25
26
27
28
19
1 C. Professional Liability Insurance:
2 1. If the Consultant employs licensed professional staff in providing
3 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00)
4 per claim, Three Million Dollars ($3,000,000.00) annual aggregate is required.
5 2. The Professional Liability Insurance shall be kept in full force and
6 effect for a period of five (5) years from the date of substantial completion of the
7 Consultant's work as determined by the County.
8 D. Worker's Compensation
9 A policy of Worker's Compensation insurance as may be required by the California
10 Labor Code.
11 E. Additional Requirements Relating to Insurance
12 The Consultant shall obtain endorsements to the Commercial General Liability
13 insurance naming the County of Fresno, its officers, agents, and employees, individually and
14 collectively, as additional insured, but only insofar as the operations under this Agreement
15 are concerned. Such coverage for additional insured shall apply as primary insurance and
16 any other insurance, or self-insurance, maintained by the County, its officers, agents, and
17 employees shall be excess only and not contributing with insurance provided under the
18 Consultant's policies required herein. This insurance shall not be cancelled or changed
19 without a minimum of thirty (30) days advance written notice given to the County.
20 The CONSULTANT hereby waives its right to recover from the County, its officers,
21 agents, and employees any amounts paid by the policy of worker's compensation insurance
22 required by this Agreement. The Consultant is solely responsible to obtain any endorsement
23 to such policy that may be necessary to accomplish such waiver of subrogation, but the
24 Consultant's waiver of subrogation under this paragraph is effective whether or not the
25 Consultant obtains such an endorsement.
26 Prior to commencing any such work under this Agreement, the Consultant shall
27 provide certificates of insurance and endorsements as stated above for all of the foregoing
2s
20
1 policies, as required herein, to the County of Fresno, Erin Haagenson, Program Manager,
2 2220 Tulare St., Sixth Floor, Fresno, CA 93721, stating that such insurance coverages have
3 been obtained and are in full force; that the County of Fresno, its officers, agents and
4 employees will not be responsible for any premiums on the policies; that for such worker's
5 compensation insurance the Consultant has waived its right to recover from the County, it
6 officers, agents, and employees any amounts paid under the insurance policy and that waive
7 does not invalidate the insurance policy; that such Commercial General Liability insurance
8 names the County of Fresno, its officers, agents and employees, individually and collectively,
9 as additional insured, but only insofar as the operations under this Agreement are concerned;
10 that such coverage for additional insured shall apply as primary insurance and any other
11 insurance, or self-insurance, maintained by the County, its officers, agents and employees,
12 shall be excess only and not contributing with insurance provided under the Consultant'
13 policies herein; and that this insurance shall not be cancelled or changed without a minimum
14 of thirty (30) days advance, written notice given to the County.
15 All policies shall be issued by admitted insurers licensed to do business in the State
16 of California, and such insurance shall be purchased from companies possessing a current
17 A.M. Best, Inc. rating of A FSC VII or better.
18 The Consultant agrees that the bodily injury liability insurance herein provided for,
19 shall be in effect at all times during the term of this Agreement. In the event said insurance
20 coverage expires at any time or times during the term of this Agreement, Consultant agrees
21 to provide at least thirty (30) calendar days prior notice to said expiration date; and a new
22 Certificate of Insurance evidencing insurance coverage as provided for herein, for not less
23 than either the remainder of the term of the Agreement, or for a period of not less than one
24 (1) year. New Certificates of Insurance are subject to the approval of County.
25 In the event the Consultant fails to keep in effect at all times the insurance
26 coverages as required by this Article 10, the County may, in addition to any other remedies
27 it may have, suspend or terminate this Agreement upon occurrence of such failure, or may
28 purchase such insurance coverage and charge the cost of the coverage to the Consultant.
21
1 The County may offset such charges against any amounts owed by the County to the
2 Consultant under this Agreement.
3 11. Audits / Retention of Record
4 A. The Consultant shall at any time during business hours, and as often as the
5 County may deem necessary, make available to the County for examination all of its
6 records and data with respect to the matters covered by this Agreement. The Consultant
7 shall, upon request by the County, permit the County to audit and inspect all of such
8 records and data, including but not limited to, the costs of administering this Agreement,
9 necessary to ensure the Consultant's compliance with the terms of this Agreement (and
10 compliance with Public Contract Code 10115, et seq. and Title 21, California Code of
11 Regulations, Chapter 21, Section 2500 et seq., when applicable).
12 B. For the purpose of determining compliance with Government Code section
13 8546.7, the Consultant, its subconsultants, and County shall maintain all books,
14 documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate
15 workpapers, and other evidence pertaining to the performance of the Agreement including,
16 but not limited to, the costs of administering the Agreement. All parties, including the
17 Consultant's Independent CPA, shall make such workpapers and materials available at
18 their respective offices at all reasonable times during the Agreement period and for three
19 (3) years from the date of final payment under the Agreement. The County, Caltrans
20 Auditor, FHWA, or any duly authorized representative of the Federal government having
21 jurisdiction under Federal laws or regulations (including without limitation when such
22 jurisdiction is based upon Federal funding of the Project in whole or in part) shall have
23 access to any books, records, and documents of the Consultant, its subconsultants, and
24 the Consultant's Independent CPA, that are pertinent to the Agreement for audits,
25 examinations, workpaper review, excerpts, transactions, and copies thereof shall be
26 furnished if requested without limitation. It shall be the responsibility of the Consultant to
27 ensure that all subcontracts in excess of$25,000 shall contain this provision.
28 C. This Article 11 survives the termination of this Agreement.
22
1 12. Notices
2 The delivery of all notices hereunder and communications regarding interpretation of
3 the terms of this Agreement and any proposed changes thereto, shall be accomplished by
4 sending an e-mail, addressed to the Contract Administrator and the Consultant's Project
5 Manager as identified on Pages 3 and 4 of this Agreement. For all claims arising out of or
6 related to this Agreement, nothing in this section establishes, waives, or modifies any
7 claims presentation requirements or procedures provided by law, including but not limited
8 to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning
9 with section 810).
10 13. Governing Law
11 Venue for any action arising out of or related to this Agreement shall only be in
12 Fresno County, California.
13 The rights and obligations of the parties and all interpretation and performance of
14 this Agreement shall be governed in all respects by the laws of the State of California.
15 14. Disclosure of Self-Dealing Transactions
16 This provision is only applicable if the Consultant is operating as a corporation (a for-
17 profit or non-profit corporation) or if during the term of this Agreement, the Consultant
18 changes its status to operate as a corporation. Members of the Consultant's Board of
19 Directors shall disclose any self-dealing transactions that they are a party to while the
20 Consultant is providing goods or performing services under this Agreement. A self-dealing
21 transaction shall mean a transaction to which the Consultant is a party and in which one or
22 more of its directors has a material financial interest. Members of the Board of Directors
23 shall disclose any self-dealing transactions that they are a party to by completing and
24 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Appendix G and
25 incorporated herein by reference, and submitting it to the County prior to commencing with
26 the self-dealing transaction or immediately thereafter.
27 15. Electronic Signature
28 The parties agree that this Agreement may be executed by electronic signature as
23
1 provided in this section.
2 A. An "electronic signature" means any symbol or process intended by an
3 individual signing this Agreement to represent their signature, including but not limited to:
4 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an
5 electronically scanned and transmitted (for example by PDF document) version of an
6 original handwritten signature.
7 B. Each electronic signature affixed or attached to this Agreement: (1) is
8 deemed equivalent to a valid original handwritten signature of the person signing this
9 Agreement for all purposes, including but not limited to evidentiary proof in any
10 administrative or judicial proceeding; and (2) has the same force and effect as the valid
11 original handwritten signature of that person.
12 C. The provisions of this section satisfy the requirements of Civil Code section
13 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
14 Part 2, Title 2.5, beginning with section 1633.1).
15 D. Each party using a digital signature represents that it has undertaken and
16 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs
17 (1) through (5), and agrees that each other party may rely upon that representation.
18 E. This Agreement is not conditioned upon the parties conducting the
19 transactions under it by electronic means and either party may sign this Agreement with an
20 original handwritten signature.
21 16. Subconsultants
22 A. The Consultant may retain, as subconsultants, specialists in such engineering
23 disciplines (including, but not limited to, structural, mechanical, transportation,
24 environmental, water resources, electrical, surveying and geotechnical) as the Consultant
25 requires to assist in completing the work. The subconsultants listed in Appendix H,
26 attached hereto and incorporated herein, shall be considered as approved by the Contract
27 Administrator. Any other subconsultants proposed for use by the Consultant shall be
28 approved in writing by the Contract Administrator before they are retained by the
24
1 Consultant, which approval shall not be unreasonably withheld.
2 B. Should the Consultant retain any subconsultants, the maximum amount of
3 compensation to be paid to the Consultant under Article 5 shall not be increased. Any
4 additional compensation to be paid to the Consultant for such subconsultants' work shall be
5 limited to administrative time as defined in the fee proposal. Additional fees other than
6 those defined in the fee proposal shall not be reimbursed.
7 C. Consultant shall be as fully responsible to the County for the negligent acts
8 and omissions of its Contractors and subcontractors or subconsultants, and of persons
9 either directly or indirectly employed by them, in the same manner as persons directly
10 employed by Consultant.
11 D. Nothing contained in this Agreement shall create any Contractual relationship
12 between the County and any of the Consultant's subconsultants, and no subconsultant
13 agreement shall relieve the Consultant of any of its responsibilities and obligations
14 hereunder. The Consultant agrees to be as fully responsible to the County for the acts and
15 omissions of its subconsultants and of persons either directly or indirectly employed by any
16 of them as it is for the acts and omissions of persons directly employed by the Consultant.
17 The Consultant's obligation to pay its subconsultants is a separate and independent
18 obligation that is entirely unrelated to the County's obligation to make payments to the
19 Consultant.
20 E. The Consultant shall perform the work contemplated with resources available
21 within its own organization; and no portion of the work pertinent to this Contract shall be
22 subcontracted without prior written authorization by the Contract Administrator, excepting
23 only those portions of the work and the responsible subconsultants that are expressly
24 identified in Appendix H.
25 F. Any subcontract in excess of $25,000 entered into as a result of this
26 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to
27 subcontractors.
28 G. The Consultant shall pay its subconsultants within fifteen (15) calendar days
25
1 from receipt of each progress payment made to the Consultant by the County.
2 H. Any substitution of subconsultant(s) must be approved in writing by the
3 Contract Administrator in advance of assigning work to a substitute subconsultant.
4 I. Prompt Progress Payment
5 The Consultant or subconsultant shall pay to any subconsultant, not later than fifteen
6 (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the
7 respective amounts allowed Consultant on account of the work performed by the
8 subconsultants, to the extent of each subconsultant's interest therein. In the event that
9 there is a good faith dispute over all or any portion of the amount due on a progress
10 payment from the Consultant or subconsultant to a subconsultant, the Consultant or
11 subconsultant may withhold no more than 150 percent (150%) of the disputed amount. Any
12 violation of this requirement shall constitute a cause for disciplinary action and shall subject
13 the violator to a penalty, payable to the subconsultant, of two percent (2%) of the amount
14 due per month for every month that payment is not made.
15 In any action for the collection of funds wrongfully withheld, the prevailing party shall
16 be entitled to his or her attorney's fees and costs. The sanctions authorized under this
17 requirement shall be separate from, and in addition to, all other remedies, either civil,
18 administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
19 J. Prompt Payment of Withheld Funds to Subconsultants
20 The County may hold retainage from the Consultant as provided in Article 5, Section
21 D.
22 1. If the County has elected to hold retainage for a Project under Article 5,
23 Section D, the County shall hold retainage from the Consultant and shall make prompt and
24 regular incremental acceptances of portions, as determined by the County of the Contract
25 work and pay retainage to the Consultant based on these acceptances. The Consultant or
26 subconsultant shall return all monies withheld in retention from all subconsultants within
27 fifteen (15) days after receiving payment for work satisfactorily completed and accepted
28 including incremental acceptances of portions of the Contract work by the County. Any
26
1 delay or postponement of payment may take place only for good cause and with the
2 County's prior written approval, in order to ensure prompt and full payment of any retainage
3 kept by the Consultant or subconsultant to a subconsultant.
4 Any violation of these provisions shall subject the violating Consultant or
5 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of
6 the California Civil Code. This requirement shall not be construed to limit or impair any
7 Contractual, administrative or judicial remedies otherwise available to the Consultant or
8 subconsultant in the event of a dispute involving late payment or nonpayment by the
9 Consultant, or deficient subconsultant performance and/or noncompliance by a
10 subconsultant. This clause applies to both DBE and non-DBE subconsultants.
11 2. If the County has elected not to hold retainage for a Project under Article 5,
12 Section D, no retainage will be held by the County from progress payments due to the
13 Consultant; and in such case, the Consultant and its subconsultants are prohibited from
14 holding retainage from their subconsultants. Any delay or postponement of payment may
15 take place only for good cause and with the County's prior written approval. Any violation of
16 these provisions shall subject the violating Consultant or subconsultant to the penalties,
17 sanctions, and other remedies specified in Section 3321 of the California Civil Code. This
18 requirement shall not be construed to limit or impair any Contractual, administrative or
19 judicial remedies otherwise available to the Consultant or subconsultant in the event of a
20 dispute involving late payment or nonpayment by the Consultant, or deficient subconsultant
21 performance and/or noncompliance by a subconsultant. This clause applies to both DBE
22 and non-DBE subconsultants.
23 17. Conflict of Interest
24 A. The Consultant shall comply with the provisions of the Fresno County
25 Department of Public Works and Planning Conflict of Interest Code, attached hereto as
26 Appendix I and incorporated herein by this reference. Such compliance shall include the
27 filing of annual statements pursuant to the regulations of the State Fair Political Practices
28 Commission including, but not limited to, portions of Form 700.
27
1 B. During the term of this Agreement, the Consultant shall disclose any financial,
2 business, or other relationship with the County that may have an impact upon the outcome
3 of this Contract, or any ensuing County construction project. The Consultant shall also list
4 current clients who may have a financial interest in the outcome of this Contract, or any
5 ensuing County construction project, which will follow.
6 C. The Consultant certifies that it has disclosed to the County any actual, apparent,
7 or potential conflicts of interest that may exist relative to the services to be provided
8 pursuant to this Agreement. The Consultant agrees to advise the County of any actual,
9 apparent or potential conflicts of interest that may develop subsequent to the date of
10 execution of this Agreement. The Consultant further agrees to complete any statements of
11 economic interest if required by either County ordinance or State law.
12 D. The Consultant hereby certifies that it does not now have nor shall it acquire any
13 financial or business interest that would conflict with the performance of services under this
14 Agreement.
15 E. The Consultant hereby certifies that the Consultant or subconsultant and any firm
16 affiliated with the Consultant or subconsultant that bids on any construction Contract or on
17 any Agreement to provide construction inspection for any construction project resulting
18 from this Agreement, has established necessary controls to ensure a conflict of interest
19 does not exist. An affiliated firm is one, which is subject to the control of the same persons,
20 through joint ownership or otherwise.
21 F. The Consultant and affiliated subconsultants shall not submit bids, or sub-bids,
22 for the Contract construction phase of the Project(s) assigned to the Consultant. The
23 Consultant and its subconsultants, and all other service providers, shall not provide any
24 Project-related services for, or receive any Project-related compensation from any
25 construction Contractor, subcontractor or service provider awarded a construction Contract
26 (hereinafter referred to as "Contractor") for all or any portion of the Project(s) for which the
27 Consultant provides services hereunder. The Consultant and its subconsultants, and all
28 other service providers, may provide services for, and receive compensation from a
28
1 Contractor who has been awarded a construction Contract for all or any portion of the
2 Project(s), provided that any such services which are rendered, and any compensation
3 which is received therefor, relates to work outside the scope of the Agreement and does
4 not pose a conflict of interest.
5 G. Except for subconsultants or subcontractors whose services are limited to
6 providing surveying or materials testing information, no subcontractor who has provided
7 design services in connection with this Contract shall be eligible to bid on any construction
8 Contract, or on any Contract to provide construction inspection for any construction project
9 resulting from this Contract; provided, however, that this shall not be construed as
10 disallowing subcontractors who have provided design services for the Project from
11 performing, pursuant to this Agreement or other agreement with the County, construction
12 inspection services on behalf of the County for the Project.
13 18. Errors or Omissions Claims and Disputes
14 A. Definitions:
15 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
16 professional services, acting as a business entity (owner, partnership, corporation, joint
17 venture or other business association) in accordance with the terms of an agreement with
18 the County.
19 2. A "Claim" is a demand or assertion by one of the parties seeking, as a
20 matter of right, adjustment or interpretation of Contract terms, payment of money, extension
21 of time, change orders, or other relief with respect to the terms of the Contract. The term
22 "Claim" also includes other disputes and matters in question between the County and the
23 Consultant arising out of or relating to the Contract. Claims must be made by written notice.
24 The provisions of Government Code section 901, et seq., shall apply to every claim made
25 to the County. The responsibility to substantiate claims shall rest with the party making the
26 claim. The term "Claim" also includes any allegation of an error or omission by the
27 Consultant.
28 B. In the spirit of cooperation between the County and the Consultant, the following
29
1 procedures are established in the event of any claim or dispute alleging a negligent error,
2 act, or omission, of the Consultant.
3 1. Claims, disputes or other matters in question between the parties, arising
4 out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject
5 to the following procedures.
6 2. The County and the Consultant shall meet and confer and attempt to
7 reach agreement on any dispute, including what damages have occurred, the measure of
8 damages and what proportion of damages, if any, shall be paid by either party. The parties
9 agree to consult and consider the use of mediation or other form of dispute resolution prior
10 to resorting to litigation.
11 3. If the County and the Consultant cannot reach agreement under Article 18,
12 Section B, Paragraph 2, the disputed issues may, upon concurrence by all parties, be
13 submitted to a panel of three (3) for a recommended resolution. The Consultant and the
14 County shall each select one (1) member of the panel, and the third member shall be
15 selected by the other two panel members. The discovery rights provided by California Code
16 of Civil Procedure for civil proceedings shall be available and enforceable to resolve the
17 disputed issues. Either party requesting this dispute resolution process shall, when invoking
18 the rights to this panel, give to the other party a notice describing the claims, disputes and
19 other matters in question. Prior to twenty (20) working days before the initial meeting of the
20 panel, both parties shall submit all documents such party intends to rely upon to resolve
21 such dispute. If it is determined by the panel that any party has relied on such
22 documentation but has failed to previously submit such documentation on a timely basis to
23 the other party, the other party shall be entitled to a twenty (20) working day continuance of
24 such initial meeting of the panel. The decision by the panel is not a condition precedent to
25 arbitration, mediation or litigation.
26 4. Upon receipt of the panel's recommended resolution of the disputed
27 issue(s), the County and the Consultant shall again meet and confer and attempt to reach
28 agreement. If the parties still are unable to reach agreement, each party shall have
30
1 recourse to all appropriate legal and equitable remedies.
2 C. The procedures to be followed in the resolution of claims and disputes may be
3 modified any time by mutual agreement of the parties hereto.
4 D. The Consultant shall continue to perform its obligations under this Agreement
5 pending resolution of any dispute, and the County shall continue to make payments of all
6 undisputed amounts due under this Agreement.
7 E. When a claim by either party has been made alleging the Consultant's negligent
8 error, act, or omission, the County and the Consultant shall meet and confer within twenty-
9 one (21) working days after the written notice of the claim has been provided.
10 19. Ownership of Data
11 A. All documents, including preliminary documents, calculations, and survey data,
12 required in performing services under this Agreement shall be submitted to, and shall
13 remain at all times the property of the County regardless of whether they are in the
14 possession of the Consultant or any other person, firm, corporation or agency.
15 B. The Consultant understands and agrees the County shall retain full ownership
16 rights of the drawings and work product of the Consultant for the Project, to the fullest
17 extent permitted by law. In this regard, the Consultant acknowledges and agrees the
18 Consultant's services are on behalf of the County and are "works made for hire," as that
19 term is defined in copyright law, by the County; that the drawings and work product to be
20 prepared by the Consultant are for the sole and exclusive use of the County, and that the
21 County shall be the sole owner of all patents, copyrights, trademarks, trade secrets and
22 other rights and Contractual interests in connection therewith which are developed and
23 compensated solely under this Agreement; that all the rights, title and interest in and to the
24 drawings and work product will be transferred to the County by the Consultant to the extent
25 the Consultant has an interest in and authority to convey such rights; and the Consultant
26 will assist the County to obtain and enforce patents, copyrights, trademarks, trade secrets,
27 and other rights and Contractual interests relating to said drawings and work product, free
28 and clear of any claim by the Consultant or anyone claiming any right through the
31
1 Consultant. The Consultant further acknowledges and agrees the County's ownership
2 rights in such drawings or work product, shall apply regardless of whether such drawings or
3 work product, or any copies thereof, are in possession of the Consultant, or any other
4 person, firm, corporation, or entity. For purposes of this Agreement the terms "drawings
5 and work product" shall mean all reports and study findings commissioned to develop the
6 Project design, drawings and schematic or preliminary design documents, certified
7 reproducibles of the original final construction Contract drawings, specifications, the
8 approved estimate, record drawings, as-built plans, and discoveries, developments,
9 designs, improvement, inventions, formulas, processes, techniques, or specific know-how
10 and data generated or conceived or reduced to practice or learning by the Consultant,
11 either alone or jointly with others, that result from the tasks assigned to the Consultant by
12 the County under this Agreement.
13 C. If this Agreement is terminated during or at the completion of any phase under
14 Article 3, electronic and reproducible copies of report(s) or preliminary documents shall be
15 submitted by the Consultant to the County, which may use them to complete the Project(s)
16 at a future time.
17 D. If the Project is terminated at the completion of a construction document phase o
18 the Project, electronic and certified reproducibles on 4 mil thick double matte film of the
19 original final construction Contract drawings, specifications, and approved engineer's
20 estimate shall be submitted by the Consultant to the County.
21 E. Documents, including drawings and specifications, prepared by the Consultant
22 pursuant to this Agreement are intended to be suitable for reuse by the County or others on
23 extensions of the services provided for the Project. Any use of completed documents for
24 projects other than Project(s) and/or any use of uncompleted documents will be at the
25 County's sole risk and without liability or legal exposure to the Consultant.
26 The electronic files provided by the Consultant to the County are submitted for an
27 acceptance period lasting until the expiration of this Agreement (i.e., throughout the
28 duration of the Contract term, including any extensions). Any defects the County discovers
32
1 during such acceptance period will be reported to the Consultant and will be corrected as
2 part of the Consultant's "Basic Scope of Work."
3 F. The Consultant shall not be liable for claims, liabilities or losses arising out of, or
4 connected with (1) the modification or misuse by the County or anyone authorized by the
5 County, of such CAD data, or (2) decline of accuracy or readability of CAD data due to
6 inappropriate storage conditions or duration; or (3) any use by the County, or anyone
7 authorized by the County, of such CAD data or other Project documentation for additions to
8 the Project for the completion of the Project by others, or for other projects; except to the
9 extent that said use may be expressly authorized, in writing, by the Consultant.
10 G. The County, in the discretion of its Board of Supervisors, may permit the
11 copyrighting of reports or other products. If copyrights are permitted, the Consultant hereby
12 agrees and this Agreement shall be deemed to provide that the Federal Highway
13 Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce,
14 publish, or otherwise use, and to authorize others to use, the work for government
15 purposes.
16 20. Consultant's Legal Authority
17 The Consultant represents and warrants to the County that:
18 A. The Consultant is duly authorized and empowered to sign and perform its
19 obligations under this Agreement; and
20 B. The individual signing this Agreement on behalf of the Consultant is duly
21 authorized to do so and his or her signature on this Agreement legally binds the Consultant
22 to the terms of this Agreement.
23 21. Binding Upon Successors
24 This Agreement shall be binding upon and inure to the benefit of the parties and
25 their respective successors in interest, assigns, legal representatives, and heirs.
26 22. Severability
27 If any part of this Agreement is determined by a court of competent jurisdiction to be
2s
33
1 unlawful or otherwise unenforceable, then this Agreement shall be construed as not
2 containing such provision, and all other provisions which are otherwise lawful shall remain
3 in full force and effect, and to this end the provisions of this Agreement are hereby declared
4 to be severable.
5 23. State Prevailing Wage Rates
6 A. No Consultant or subconsultant may be awarded an Agreement containing public
7 work elements unless registered with the Department of Industrial Relations (DIR) pursuant
8 to Labor Code section 1725.5. Registration with DIR must be maintained throughout the
9 entire term of this Agreement, including any subsequent amendments.
10 B. The Consultant shall comply with all of the applicable provisions of the California
11 Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate
12 Determinations applicable to work under this Agreement are available from the Department
13 of Industrial Relations website http://www.dir.ca.gov. These wage rates are made a specific
14 part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be
15 applicable to work performed at a construction project site. Prevailing wages will be
16 applicable to all inspection work performed at County construction sites, at County facilities
17 and at off-site locations that are set up by the construction Contractor or one of its
18 subcontractors solely and specifically to serve County projects. Prevailing wage
19 requirements do not apply to inspection work performed at the facilities of vendors and
20 commercial materials suppliers that provide goods and services to the general public.
21 C. Payroll Records
22 1. Each Consultant and subconsultant shall keep accurate certified
23 payroll records and supporting documents as mandated by Labor Code section 1776 and
24 as defined in California Code of Regulations, Title 8, Section 16000, showing the name,
25 address, social security number, work classification, straight time and overtime hours
26 worked each day and week, and the actual per diem wages paid to each journeyman,
27 apprentice, worker, or other employee employed by the Consultant or subconsultant in
28 connection with the public work. Each payroll record shall contain or be verified by a written
34
1 declaration that it is made under penalty of perjury, stating both of the following:
2 a. The information contained in the payroll record is true and correct.
3 b. The employer has complied with the requirements of Labor Code sections
4 1771, 1811, and 1815 for any work performed by his or her employees on the public works
5 project.
6 2. The payroll records enumerated under paragraph (1) above shall be
7 certified as correct by the Consultant under penalty of perjury. The payroll records and all
8 supporting documents shall be made available for inspection and copying by County
9 representatives at all reasonable hours at the principal office of the Consultant. The
10 Consultant shall provide copies of certified payrolls or permit inspection of its records as
11 follows:
12 a. A certified copy of an employee's payroll record shall be made
13 available for inspection or furnished to the employee or the employee's authorized
14 representative on request.
15 b. A certified copy of all payroll records enumerated in paragraph (1)
16 above, shall be made available for inspection or furnished upon request to a representative
17 of the County, the Division of Labor Standards Enforcement and the Division of
18 Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls
19 submitted to the County, the Division of Labor Standards Enforcement and the Division of
20 Apprenticeship Standards shall not be altered or obliterated by the Consultant.
21 C. The public shall not be given access to certified payroll records by the
22 Consultant. The Consultant is required to forward any requests for certified payrolls to the
23 County Contract Administrator by both email and regular mail on the business day following
24 receipt of the request.
25 3. Each Consultant shall submit a certified copy of the records
26 enumerated in paragraph (1) above, to the entity that requested the records within ten (10)
27 calendar days after receipt of a written request.
28 4. Any copy of records made available for inspection as copies and
35
1 furnished upon request to the public or any public agency by the County shall be marked or
2 obliterated in such a manner as to prevent disclosure of each individual's name, address,
3 and social security number. The name and address of the Consultant or subconsultant
4 performing the work shall not be marked or obliterated.
5 5. The Consultant shall inform the County of the location of the records
6 enumerated under paragraph (1) above, including the street address, city and county, and
7 shall, within five (5) working days, provide a notice of a change of location and address.
8 6. The Consultant or subconsultant shall have ten (10) calendar days in
9 which to comply subsequent to receipt of written notice requesting the records enumerated
10 in paragraph (1) above. In the event the Consultant or Subconsultant fails to comply within
11 the ten (10) day period, he or she shall, as a penalty to the County, forfeit one hundred
12 dollars ($100) for each calendar day, or portion thereof, for each worker, until strict
13 compliance is effectuated. Such penalties shall be withheld by the County from payments
14 then due. The Consultant is not subject to a penalty assessment pursuant to this section
15 due to the failure of a subconsultant to comply with this section.
16 D. When prevailing wage rates apply, the Consultant is responsible for verifying
17 compliance with certified payroll requirements. Invoice payment will not be made until the
18 invoice is approved by the County Contract Administrator.
19 E. Penalty
20 1. The Consultant and any of its subconsultants shall comply with Labor
21 Code sections 1774 and 1775. Pursuant to Labor Code section 1775, the Consultant and
22 any subconsultant shall forfeit to the County a penalty of not more than two hundred dollars
23 ($200) for each calendar day, or portion thereof, for each worker paid less than the
24 prevailing rates as determined by the Director of DIR for the work or craft in which the
25 worker is employed for any public work done under the Agreement by the Consultant or by
26 its subconsultant in violation of the requirements of the Labor Code and in particular, Labor
27 Code sections 1770 to 1780, inclusive.
28 2. The amount of this forfeiture shall be determined by the Labor
36
1 Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of
2 the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the
3 previous record of the Consultant or subconsultant in meeting their respective prevailing
4 wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct
5 rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct
6 rates of prevailing wages is not excusable if the Consultant or subconsultant had
7 knowledge of the obligations under the Labor Code. The Consultant is responsible for
8 paying the appropriate rate, including any escalations that take place during the term of the
9 Agreement.
10 3. In addition to the penalty and pursuant to Labor Code section 1775, the
11 difference between the prevailing wage rates and the amount paid to each worker for each
12 calendar day or portion thereof for which each worker was paid less than the prevailing
13 wage rate shall be paid to each worker by the Consultant or subconsultant.
14 4. If a worker employed by a subconsultant on a public works project is
15 not paid the general prevailing per diem wages by the subconsultant, the prime Consultant
16 of the project is not liable for the penalties described above unless the prime Consultant
17 had knowledge of that failure of the subconsultant to pay the specified prevailing rate of
18 wages to those workers or unless the prime Consultant fails to comply with all of the
19 following requirements:
20 a. The Agreement executed between the Consultant and the
21 subconsultant for the performance of work on public works projects shall include a copy of
22 the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
23 b. The Consultant shall monitor the payment of the specified general
24 prevailing rate of per diem wages by the subconsultant to the employees by periodic review
25 of the certified payroll records of the subconsultant.
26 C. Upon becoming aware of the subconsultant's failure to pay the
27 specified prevailing rate of wages to the subconsultant's workers, the Consultant shall
28 diligently take corrective action to halt or rectify the failure, including but not limited to,
37
1 retaining sufficient funds due the subconsultant for work performed on the public works
2 project.
3 d. Prior to making final payment to the subconsultant for work performed
4 on the public works project, the Consultant shall obtain an affidavit signed under penalty of
5 perjury from the subconsultant that the subconsultant had paid the specified general
6 prevailing rate of per diem wages to the subconsultant's employees on the public works
7 project and any amounts due pursuant to Labor Code section 1813.
8 5. Pursuant to Labor Code section 1775, the County shall notify the
9 Consultant on a public works project within fifteen (15) calendar days of receipt of a
10 complaint that a subconsultant has failed to pay workers the general prevailing rate of per
11 diem wages.
12 6. If the County determines that employees of a subconsultant were not
13 paid the general prevailing rate of per diem wages and if the County did not retain sufficient
14 money under the Agreement to pay those employees the balance of wages owed under the
15 general prevailing rate of per diem wages, the Consultant shall withhold an amount of
16 moneys due the subconsultant sufficient to pay those employees the general prevailing rate
17 of per diem wages if requested by the County.
18 F. Hours of Labor
19 Eight (8) hours of labor constitutes a legal day's work. The Consultant shall forfeit, as
20 a penalty to the County, twenty-five dollars ($25) for each worker employed in the
21 execution of the Agreement by the Consultant or any of its subconsultants for each
22 calendar day during which such worker is required or permitted to work more than eight (8)
23 hours in any one calendar day and forty (40) hours in any one calendar week in violation of
24 the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive,
25 except that work performed by employees in excess of eight (8) hours per day, and forty
26 (40) hours during any one week, shall be permitted upon compensation for all hours
27 worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less
28 than one and one half (1.5) times the basic rate of pay, as provided in section 1815.
38
1 G. Employment of Apprentices
2 1. Where either the prime Agreement or the subconsultant agreement
3 exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under
4 him or her shall comply with all applicable requirements of Labor Code sections 1777.5,
5 1777.6 and 1777.7 in the employment of apprentices.
6 2. Consultant and all subconsultants are required to comply with all Labor
7 Code requirements regarding the employment of apprentices, including mandatory ratios of
8 journey level to apprentice workers. Prior to commencement of work, the Consultant and
9 subconsultants are advised to contact the DIR Division of Apprenticeship Standards
10 website at https://www.dir.ca.gov/das/, for additional information regarding the employment
11 of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. The
12 Consultant is responsible for all subconsultants' compliance with these requirements.
13 Penalties are specified in Labor Code section 1777.7.
14 24. Disadvantaged Business Enterprises (DBE) Participation
15 A. This Agreement is subject to 49 Code of Federal Regulations (hereinafter referred
16 to as "49 CFR"), Part 26 Participation by Disadvantaged Business Enterprises in
17 Department of Transportation Financial Assistance Programs, Disadvantaged Business
18 Enterprise programs established by other federal agencies and/or the County's
19 Disadvantaged Business Enterprise Program (all of which are hereinafter referred to as
20 "DBE Program(s)"),
21 B. The Consultant is responsible for being fully informed regarding the requirements
22 of 49 CFR, Part 26 and the CALTRANS Disadvantaged Business Enterprise program
23 developed pursuant to the regulations, as detailed in Appendix J, attached hereto and
24 incorporated herein.
25 C. The Consultant, subrecipient (the County), or subconsultant shall take necessary
26 and reasonable steps to ensure that DBEs have opportunities to participate in the Contract
27 (49 CFR Part 26). To ensure equal participation of DBEs as provided in 49 CFR Section
28 26.5, the County specifies a Contract goal for DBEs. The Consultant shall make work
39
1 available to DBEs and allocate portions of the work consistent with available DBE
2 subconsultants and suppliers.
3 The Consultant shall meet the DBE goal shown elsewhere in these special
4 provisions or demonstrate its having made adequate good faith efforts to meet this goal. It
5 is the Consultant's responsibility to verify that the DBE firm is certified as DBE at date of
6 proposal opening and document the record by printing out the California Unified
7 Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP
8 can be found at .https://californiaucp.dbesystem.com.
9 All DBE participation will count toward the California Department of Transportation's
10 federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant
11 purchases from DBEs counts towards the goal in the following manner:
12 • 100 percent (100%) counts if the materials or supplies are obtained from a
13 DBE manufacturer.
14 • 60 percent (60%) counts if the materials or supplies are purchased from a
15 DBE regular dealer.
16 • Only fees, commissions, and charges for assistance in the procurement
17 and delivery of materials or supplies count if obtained from a DBE that is neither a
18 manufacturer nor regular dealer. 49 CFR Section 26.55 defines "manufacturer" and
19 "regular dealer."
20 This Agreement is subject to 49 CFR Part 26 entitled "Participation by
21 Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
22 Programs". Any Consultant who enters into a federally funded agreement will assist the
23 County in a good faith effort to achieve California's statewide overall DBE goal.
24 D. The goal for DBE participation for this Agreement is thirteen percent (13.0%).
25 Participation by a DBE Consultant or subconsultants shall be in accordance with
26 information contained in Exhibit 10-02: Consultant Contract DBE Commitment attached
27 hereto and incorporated as part of the Agreement as Appendix K. If a DBE subconsultant is
28 unable to perform, the Consultant must make a good faith effort to replace them with
40
1 another DBE subconsultant, if the goal is not otherwise met.
2 E. The Consultant can meet the DBE participation goal by either documenting
3 commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith
4 efforts to meet the Agreement goal. An adequate good faith effort means that the
5 Consultant must show that it took all necessary and reasonable steps to achieve a DBE
6 goal that, by their scope, intensity, and appropriateness to the objective, could reasonably
7 be expected to meet the DBE goal. If the Consultant has not met the DBE goal, the
8 Consultant must then complete and submit Exhibit 15-H: DBE Information — Good Faith
9 Efforts to document its efforts to meet the goal. Refer to 49 CFR Part 26 for guidance
10 regarding evaluation of good faith efforts to meet the DBE goal.
11 F. Contract Assurance
12 Under 49 CFR Section 26.13(b):
13 The Consultant, subrecipient or subconsultant shall not discriminate on the basis of
14 race, color, national origin, or sex in the performance of this Contract. The Consultant shall
15 carry out applicable requirements of 49 CFR Part 26 in the award and administration of
16 federal-aid Contracts.
17 Failure by the Consultant to carry out these requirements is a material breach of this
18 Contract, which may result in the termination of this Contract or such other remedy as the
19 recipient deems appropriate, which may include, but is not limited to:
20 (1) Withholding monthly progress payments;
21 (2) Assessing sanctions;
22 (3) Liquidated damages; and/or
23 (4) Disqualifying Consultant from future proposing as non-responsible.
24 G. Termination and Replacement of DBE Subconsultants
25 The Consultant shall utilize the specific DBEs listed to perform the work and supply
26 the materials for which each is listed unless the Consultant or DBE subconsultant obtains
27 the County's written consent. The Consultant shall not terminate or replace a listed DBE for
28 convenience and perform the work with their own forces or obtain materials from other
41
1 sources without authorization from the County. Unless the County's consent is provided,
2 the Consultant shall not be entitled to any payment for work or material unless it is
3 performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE
4 Commitment form.
5 H. Termination of DBE Subconsultants
6 After execution of the Agreement, termination of a DBE may be allowed for the following,
7 but not limited to, justifiable reasons with prior written authorization from the County:
8 The County authorizes a request to use other forces or sources of materials if the
9 Consultant shows any of the following justifications:
10 1. Listed DBE fails or refuses to execute a written Contract based on plans
11 and specifications for the project.
12 2. The County stipulated that a bond is a condition of executing the
13 subcontract and the listed DBE fails to meet the County's bond requirements.
14 3. Work requires a consultant's license, and listed DBE does not have a valid
15 license under Contractors License Law.
16 4. Listed DBE fails or refuses to perform the work or furnish the listed
17 materials (failing or refusing to perform is not an allowable reason to remove a DBE if the
18 failure or refusal is a result of bad faith or discrimination).
19 5. Listed DBE's work is unsatisfactory and not in compliance with the
20 Contract.
21 6. Listed DBE is ineligible to work on the project because of suspension or
22 debarment.
23 7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
24 8. Listed DBE voluntarily withdraws with written notice from the Contract
25 9. Listed DBE is ineligible to receive credit for the type of work required.
26 10. Listed DBE owner dies or becomes disabled resulting in the inability to
27 perform the work on the Contract.
28 11. The County determines other documented good cause.
42
1 Consultant must use the following procedures to request the termination of a DBE or
2 portion of a DBE's work:
3 1. Send a written notice to the DBE of the Consultant's intent to use other
4 forces or material sources and include one or more justifiable reasons listed above.
5 Simultaneously send a copy of this written notice to the County. The written notice to the
6 DBE must request they provide any response within five (5) business days to both the
7 Consultant and the County by either acknowledging their agreement or documenting their
g reasoning as to why the use of other forces or sources of materials should not occur.
9 2. If the DBE does not respond within five (5) business days, Consultant may
10 move forward with the request as if the DBE had agreed to Consultant's written notice.
11 3. Submit Consultant's DBE termination request by written letter to the Count
12 and include:
13 • One or more above listed justifiable reasons along with supporting
14 documentation.
15 • Consultant's written notice to the DBE regarding the request, including proof
16 of transmission and tracking documentation of Consultant's written notice
17 • The DBE's response to Consultant's written notice, if received. If a written
18 response was not provided, provide a statement to that effect.
19 The County shall respond in writing to Consultant's DBE termination request
20 within five (5) business days.
21 I. Replacement of DBE Subconsultants
22 After receiving the County's written authorization of DBE termination request,
23 Consultant must obtain the County's written agreement for DBE replacement.
24 Consultant must find or demonstrate GFEs to find qualified DBE replacement
25 firms to perform the work to the extent needed to meet the DBE commitment.
26 The following procedures shall be followed to request authorization to replace a DBE
27 firm:
28 1. Submit a request to replace a DBE with other forces or material sources in writing
43
1 to the County which must include:
2 a. Description of remaining uncommitted work item made available for replacement
3 DBE solicitation and participation.
4 b. The proposed DBE replacement firm's business information, the work they have
5 agreed to perform, and the following:
6 • Description of scope of work and cost proposal.
7 • Proposed subcontract agreement and written confirmation of agreement to
8 perform on the Contract
9 • Revised Exhibit 10-02: Consultant Contract DBE Commitment
10 2. If Consultant has not identified a DBE replacement firm, submits documentation of
11 Consultant's GFEs to use DBE replacement firms within seven (7) days of County
12 authorization to terminate the DBE. Consultant may request the County 's approval to
13 extend this submittal period to a total of 14 days. Submit documentation of actions taken to
14 find a DBE replacement firm, such as:
15 • Search results of certified DBEs available to perform the original DBE work
16 identified and or other work Consultant had intended to self-perform, to the extent needed
17 to meet DBE commitment
18 • Solicitations of DBEs for performance of work identified
19 • Correspondence with interested DBEs that may have included Contract
20 details and requirements
21 • Negotiation efforts with DBEs that reflect why an agreement was not
22 reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why
23 the DBE was unqualified for the work, or why the price quote was unreasonable or
24 excessive
25 • Copies of each DBE's and non-DBE's price quotes for work identified, as the
26 County may contact the firms to verify solicitation efforts and determine if the DBE quotes
27 are substantially higher
28 • Additional documentation that supports Consultant's GFE The County shall
44
1 respond in writing to Consultant's DBE replacement request within five (5) business days.
2 H. Commitment and Utilization
3 The County's DBE program must include a monitoring and enforcement mechanism
4 to ensure that DBE commitments reconcile to DBE utilization.
5 The County shall request the Consultant to:
6 1. Notify the County's Contract Administrator or designated representative of
7 any changes to its anticipated DBE participation
8 2. Provide this notification before starting the affected work
9 3. Maintain records including:
10 • Name and business address of each 1 st-tier subconsultant
11 • Name and business address of each DBE subconsultant, DBE vendor,
12 and DBE trucking company, regardless of tier
13 • Date of payment and total amount paid to each business (see Exhibit 9-F
14 Monthly Disadvantaged Business Enterprise Payment)
15 If the Consultant is a DBE Consultant, it shall include the date(s) of work performed
16 by its own forces and the corresponding value of all such work. If a DBE is decertified
17 before completing its work, the DBE must notify Consultant in writing of the decertification
18 date. If a business becomes a certified DBE before completing its work, the business must
19 notify the Consultant in writing of the certification date. The Consultant shall submit the
20 notifications to the County. On work completion, the Consultant shall complete a
21 Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form
22 and submit the form to the County within thirty (30) days of Contract acceptance.
23 Upon work completion, the Consultant shall complete Exhibit 17-F Final Report—
24 Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and
25 submit it to the County within ninety (90) days of Contract acceptance. The County will
26 withhold $10,000 until the form is submitted. The County will release the withhold upon
27 submission of the completed form. In the County's reports of DBE participation to Caltrans,
28 the County must display both commitments and attainments.
45
1 I. Commercially Useful Function
2 DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when
3 performing work or supplying materials listed on the DBE Commitment form. The DBE
4 value of work will only count toward the DBE commitment if the DBE performs a CUF. A
5 DBE performs a CUF when it is responsible for execution of the work of the Agreement and
6 is carrying out its responsibilities by actually performing, managing, and supervising the
7 work involved. To perform a CUF, the DBE must also be responsible, with respect to
8 materials and supplies used on the Agreement, for negotiating price, determining quality
9 and quantity, ordering the material and installing (where applicable), and paying for the
10 material itself. Consultant must perform CUF evaluation for each DBE working on a federal-
11 aid Contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the
12 DBE's work and continue to monitor the performance of CUF for the duration of the project.
13 Consultant must provide written notification to the County at least 15 days in
14 advance of each DBE's initial performance of work or supplying materials for the Contract.
15 The notification must include the DBE's name, work the DBE will perform on the Contract,
16 and the location, date, and time of where their work will take place.
17 Within 10 days of a DBE initially performing work or supplying materials on the
18 Contract, Consultant shall submit to the County the initial evaluation and validation of DBE
19 performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise
20 Commercially Useful Function Evaluation. Include the following information with the
21 submittal:
22 • Subcontract agreement with the DBE
23 • Purchase orders
24 • Bills of lading
25 0 Invoices
26 • Proof of payment
27 Consultant must monitor all DBE's performance of CUF by conducting quarterly
28 evaluations and validations throughout their duration of work on the Contract using the
46
1 LAPM 94 DBE Commercially Useful Function Evaluation. Consultant must submit to the
2 County these quarterly evaluations and validations by the 5th of the month for the previous
3 three months of work.
4 Consultant must notify the County immediately if they believe the DBE may not be
5 performing a CUF.
6 The County will verify DBEs performance of CUF by reviewing the initial and
7 quarterly submissions of LAPM 94 DBE Commercially Useful Function Evaluation,
8 submitted supporting information, field observations, and through any additional County
9 evaluations. The County must evaluate DBEs and their CUF performance throughout the
10 duration of a Contract. The County will provide written notice to the Consultant and the
11 DBE at least two (2) business days prior to any evaluation. The Consultant and the DBE
12 must participate in the evaluation. Upon completing the evaluation, the County must share
13 the evaluation results with the Consultant and the DBE. An evaluation could include items
14 that must be remedied upon receipt. If the County determines the DBE is not performing a
15 CUF, the Consultant must suspend performance of the noncompliant work.
16 Consultant and DBEs must submit any additional CUF related records and
17 documents within five (5) business days of County's request such as:
18 Proof of ownership or lease and rental agreements for equipment
19 Tax records
20 Employee rosters
21 Certified payroll records
22 -Inventory rosters
23 Failure to submit required DBE Commercially Useful Function Evaluation forms or
24 requested records and documents can result in withholding of payment for the value of
25 work completed by the DBE.
26 If Consultant and/or the County determine that a listed DBE is not performing a CUF
27 in performance of their DBE committed work, Consultant must immediately suspend
28 performance of the noncompliant portion of the work. County may deny payment for the
47
1 noncompliant portion of the work. County will ask the Consultant to submit a corrective
2 action plan (CAP) to the County within five (5) days of the noncompliant CUF
3 determination. The CAP must identify how the Consultant will correct the noncompliance
4 findings for the remaining portion of the DBE's work. County has five (5) days to review the
5 CAP in conjunction with the Consultant's review. The Consultant must implement the CAP
6 within five (5) days of the County's approval. The County will then authorize the prior
7 noncompliant portion of work for the DBE's committed work.
8 If corrective actions cannot be accomplished to ensure the DBE performs a
9 commercially useful function on the Contract, Consultant may have good cause to request
10 termination of the DBE.
11 J. A DBE does not perform a CUF if its role is limited to that of an extra participant
12 in a transaction, Agreement, or project through which funds are passed in order to obtain
13 the appearance of DBE participation. In determining whether a DBE is such an extra
14 participant, examine similar transactions, particularly those in which DBEs do not
15 participate.
16 K. If a DBE does not perform or exercise responsibility for at least thirty percent
17 (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a
18 greater portion of the work of the Agreement than would be expected on the basis of
19 normal industry practice for the type of work involved, it will be presumed that it is not
20 performing a CUF.
21 L. The Consultant shall maintain records of materials purchased or supplied from all
22 subcontracts entered into with certified DBEs. The records shall show the name and
23 business address of each DBE or vendor and the total dollar amount actually paid each
24 DBE or vendor, regardless of tier. The records shall show the date of payment and the total
25 dollar figure paid to all firms. DBE Consultants shall also show the date of work performed
26 by their own forces along with the corresponding dollar value of the work.
27 M. If a DBE subconsultant is decertified during the life of the Agreement, the
28 decertified subconsultant shall notify Consultant in writing with the date of decertification. If
48
1 a subconsultant becomes a certified DBE during the life of the Agreement, the
2 subconsultant shall notify the Consultant in writing with the date of certification. Any
3 changes should be reported to County's Contract Administrator within thirty (30) calendar
4 days.
5 N. After submitting an invoice for reimbursement that includes a payment to a DBE,
6 by the 15th of the month following the month of any payment(s), the Consultant must now
7 submit Exhibit 9-P to the County administering the Contract. If the Consultant does not
8 make any payments to subconsultants, supplier(s), and/or manufacturers they must report
9 "no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-
10 P.
11 O. Any subcontract entered into as a result of this Agreement shall contain all of the
12 provisions of this Article 24.
13 25. Cost Principles
14 A. The Consultant agrees that the 48 CFR Part 31 Contract Cost Principles and
15 Procedures shall be used to determine the allowability of cost.
16 B. The Consultant also agrees to comply with federal procedures in accordance
17 with Title 49 CFR, Part 18 Uniform Administrative Requirements, Cost Principles, and Audit
18 Requirements for Federal Awards.
19 C. Any costs for which payment has been made to the Consultant that are
20 determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part
21 200 are subject to repayment by the Consultant to the County.
22 D. When a Consultant or subconsultant is a Non-Profit Organization or an Institution
23 of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative
24 Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
25 26. Audit Review Procedures
26 A. Any dispute concerning a question of fact arising under an interim or post audit of
27 this Agreement that is not disposed of by agreement between the parties, shall be reviewed
28 by the County's Auditor/Controller/Treasurer/Tax-Collector.
49
1 B. Not later than thirty (30) days after issuance of the final audit report, the
2 Consultant may request a review by the County's Auditor/Controller/Treasurer/Tax-
3 Collector of unresolved audit issues. The request for review will be submitted in writing.
4 C. Neither the pendency of a dispute nor its consideration by the County will excuse
5 the Consultant from full and timely performance, in accordance with the terms of this
6 Agreement.
7 D. The Consultant and subconsultants' Contracts, including cost proposals and
8 indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a
9 Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA)
10 ICR Audit Workpaper Review. If selected for audit or review, the Contract, cost proposal
11 and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48
12 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit
13 Workpaper Review it is the Consultant's responsibility to ensure federal, state, or local
14 government officials are allowed full access to the CPA's workpapers, including making
15 such copies as the auditor deems necessary. This Agreement, the Consultant's Cost
16 Proposal (Appendix E), and ICR shall be adjusted by the Consultant and approved by the
17 Contract Administrator to conform to the audit or review recommendations. The Consultant
18 agrees that individual terms of costs identified in the audit report shall be incorporated into
19 the Contract by this reference if directed by the County at its sole discretion. Refusal by the
20 Consultant to incorporate audit or review recommendations, or to ensure that the Federal,
21 State, or local governments have access to CPA workpapers, will be considered a breach
22 of Contract terms and cause for termination of this Agreement and disallowance of prior
23 reimbursed costs.
24 E. The Consultant's Cost Proposal (Appendix E) may be subject to a CPA ICR Audit
25 Work Paper Review and/or audit by the Independent Office of Audits and Investigations
26 (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR
27 documentation. The Cost Proposal shall be adjusted by the Consultant and approved by
28 the County's Contract Administrator to conform to the Work Paper Review
50
1 recommendations included in the management letter or audit recommendations included in
2 the audit report. Refusal by the Consultant to incorporate the Work Paper Review
3 recommendations included in the management letter or audit recommendations included in
4 the audit report will be considered a breach of the Agreement terms and cause for
5 termination of the Agreement and disallowance of prior reimbursed costs.
6 1. During IOAI's review of the ICR audit work papers created by the Consultant's
7 independent CPA, IOAI will work with the CPA and/or the Consultant toward a resolution of
8 issues that arise during the review. Each party agrees to use its best efforts to resolve any
9 audit disputes in a timely manner. If IOAI identifies significant issues during the review and
10 is unable to issue a cognizant approval letter, the County will reimburse the Consultant at
11 an accepted ICR until a Federal Acquisition Regulation (FAR) compliant ICR (e.g. 48 CFR
12 Part 31 ; Generally Accepted Auditing Standards (GALAS); Cost Accounting Standards
13 (CAS), if applicable; in accordance with procedures and guidelines of the American
14 Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and
15 other applicable procedures and guidelines) is received and approved by IOAI.
16 Accepted rates will be as follows:
17 a. If the proposed rate is less than one hundred fifty percent (150%) - the
18 accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
19 b. If the proposed rate is between one hundred fifty percent (150%) and
20 two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of
21 the proposed rate.
22 C. If the proposed rate is greater than two hundred percent (200%) - the
23 accepted rate will be seventy-five percent (75%) of the proposed rate.
24 2. If IOAI is unable to issue a cognizant letter per Paragraph E.1. above, IOAI
25 may require the Consultant to submit a revised independent CPA-audited ICR and audit
26 report within three (3) months of the effective date of the management letter. IOAI will then
27 have up to six (6) months to review the Consultant's and/or the independent CPA's
28 revisions.
51
1 3. If the Consultant fails to comply with the provisions of this Section E, or if IOAI
2 is still unable to issue a cognizant approval letter after the revised independent CPA
3 audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR
4 that was established upon initial rejection of the ICR and set forth in Paragraph E.1. above
5 for all rendered services. In this event, this accepted ICR will become the actual and final
6 ICR for reimbursement purposes under this Agreement.
7 4. The Consultant may submit to the County final invoice only when all of the
8 following items have occurred: (1) IOAI accepts or adjusts the original or revised
9 independent CPA audited ICR; (2) all work under this Agreement has been completed to
10 the satisfaction of the COUNTY; and (3) IOAI has issued its final ICR review letter. The
11 Consultant must submit its final invoice to the County no later than sixty (60) calendar
12 days after occurrence of the last of these items. The accepted ICR will apply to this
13 Agreement and all other agreements executed between the County and the Consultant,
14 either as a prime or subconsultant, with the same fiscal period ICR.
15 27. Equipment Purchase
16 A. Prior authorization, in writing, by the Contract Administrator shall be required
17 before the Consultant enters into any unbudgeted purchase order, or subcontract
18 exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services.
19 The Consultant shall provide an evaluation of the necessity or desirability of incurring such
20 costs.
21 B. Prior authorization by the Contract Administrator shall be required for purchase o
22 any item, service or consulting work in excess of five thousand dollars ($5,000) that is not
23 covered in the Consultant's Cost Proposal; and the Consultant's request must be
24 accompanied by at least three competitive quotations, unless the absence of proposal is
25 adequately justified, to the satisfaction of the Contract Administrator in his/her discretion, by
26 written explanation provided by the Consultant with its submittal.
27 C. Any authorized purchase of equipment as a result of this Agreement is subject to
28 the following: "The Consultant shall maintain an inventory of all nonexpendable property.
52
1 Nonexpendable property is defined as having a useful life of at least two years and an
2 acquisition cost of$5,000 or more. If the purchased equipment needs replacement and is
3 sold or traded in, the County shall receive a proper refund or credit at the conclusion of the
4 Contract, or if the Contract is terminated, the Consultant may either keep the equipment
5 and credit the County in an amount equal to its fair market value, or sell such equipment at
6 the best price obtainable at a public or private sale, in accordance with established County
7 procedures; and credit the County in an amount equal to the sales price. If the Consultant
8 elects to keep the equipment, fair market value shall be determined at the Consultant's
9 expense, on the basis of a competent independent appraisal of such equipment. Appraisals
10 shall be obtained from an appraiser mutually agreeable to the County and the Consultant, if
11 it is determined to sell the equipment, the terms and conditions of such sale must be
12 approved in advance by the County." Title 2 CFR, Part 200 requires a credit to Federal
13 funds when participating equipment with a fair market value greater than five thousand
14 dollars ($5,000.00) is credited to the Project.
15 28. Rebates, Kickbacks or Other Unlawful Consideration
16 The Consultant warrants that this Agreement was not obtained or secured through
17 rebates, kickbacks or other unlawful consideration, either promised or paid to any County
18 employee. For breach or violation of this warranty, the County shall have the right, in its
19 discretion, to terminate this Agreement without liability; or to pay only for the value of the
20 work actually performed; or to deduct from this Agreement price or otherwise recover the
21 full amount of such rebate, kickback or other unlawful consideration.
22 29. Prohibition of Expending County, State, or Federal Funds for Lobbying
23 A. The Consultant certifies (Appendix L) to the best of his or her knowledge and
24 belief that:
25 1. No state, federal or County appropriated funds have been paid, or will be paid
26 by or on behalf of the Consultant to any person for influencing or attempting to influence an
27 officer or employee of any state or federal agency; a Member of the State Legislature or
28 United States Congress; an officer or employee of the Legislature or Congress; or any
53
1 employee of a Member of the Legislature or Congress, in connection with any of the
2 following:
3 a. the awarding of any state or federal Contract;
4 b. the making of any state or federal grant;
5 c. the making of any state or federal loan;
6 d. the entering into of any cooperative agreement, or
7 e. the extension, continuation, renewal, amendment, or modification of
8 any state or federal Contract, grant, loan, or cooperative agreement.
9 2. If any funds other than federally appropriated funds have been paid, or will be
10 paid to any person for influencing or attempting to influence an officer or employee of any
11 federal agency; a Member of Congress; an officer or employee of Congress, or an
12 employee of a Member of Congress; in connection with this federal Contract, grant, loan, or
13 cooperative agreement, then the Consultant shall complete and submit Standard Form-
14 LLL, "Disclosure Form to Report Lobbying" (Appendix L), in accordance with its
15 instructions.
16 B. The certification required by the provisions of this Article is a material
17 representation of fact upon which reliance was placed when this transaction was made or
18 entered into. Submission of this certification is a prerequisite for making or entering into this
19 transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file the
20 required certification shall be subject to a civil penalty of not less than $10,000 and not
21 more than $100,000 for each such failure.
22 C. The Consultant also agrees by signing this document that he or she shall require
23 that the language of this certification be included in all lower-tier subcontracts, which
24 exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly.
25 30. Non-Discrimination Clause and Statement of Compliance
26 A. The Consultant's signature affixed herein, and dated, shall constitute a
27 certification under penalty of perjury under the laws of the State of California that the
28 Consultant has, unless exempt, complied with, the nondiscrimination program requirements
54
1 of Government Code section 12990 and 2 CCR section 8103.
2 B. During the performance of this Agreement, the Consultant and its subconsultants
3 shall not deny this Agreement's benefits to any person on the basis of race, religious creed,
4 color, national origin, ancestry, physical disability, mental disability, medical condition,
5 genetic information, marital status, sex, gender, gender identity, gender expression, age,
6 sexual orientation, or military and veteran status, nor shall they unlawfully discriminate,
7 harass, or allow harassment against any employee or applicant for employment because of
8 race, religious creed, color, national origin, ancestry, physical disability, mental disability,
9 medical condition, genetic information, marital status, sex, gender, gender identity, gender
10 expression, age, sexual orientation, or military and veteran status. The Consultant and
11 subconsultants shall ensure that the evaluation and treatment of their employees and
12 applicants for employment are free from such discrimination and harassment.
13 C. The Consultant and subconsultants shall comply with the provisions of the Fair
14 Employment and Housing Act (Gov. Code § 12990 et seq.) and the applicable regulations
15 promulgated thereunder (2 CCR § 11000 et seq.), the provisions of Government Code
16 sections 11135 et seq., and the regulations or standards adopted by the County to
17 implement such provisions. The applicable regulations of the Fair Employment and
18 Housing Commission implementing Government Code Section 12990 (a-f), set forth in
19 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
20 into this Agreement by reference and made a part hereof as if set forth in full.
21 D. Consultant shall permit access by representatives of the Department of Fair
22 Employment and Housing and the County upon reasonable notice at any time during
23 normal business hours, but in no case less than twenty-four (24) hours' notice, to such of
24 its books, records, accounts, and all other sources of information and its facilities as said
25 Department or the County shall require in order to ascertain compliance with the
26 requirements of this Article 30.
27 E. The Consultant and subconsultants shall give written notice of their obligations
28 under this Article 30 to labor organizations with which they have a collective bargaining or
55
1 other agreement.
2 F. The Consultant and subconsultants shall include the nondiscrimination and
3 compliance provisions of this Article 30 in all subcontracts to perform work under this
4 Agreement.
5 G. The Consultant, with regard to the work performed under this Agreement, shall
6 act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.).
7 Title VI provides that the recipients of federal assistance will implement and maintain a
8 policy of nondiscrimination in which no person in the United States shall, on the basis of
9 race, color, national origin, religion, sex, age, disability, be excluded from participation in,
10 denied the benefits of or subject to discrimination under any program or activity by the
11 recipients of federal assistance or their assignees and successors in interest.
12 H. The Consultant shall comply with regulations relative to non-discrimination in
13 federally assisted programs of the U.S. Department of Transportation (49 CFR Part 21 -
14 Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not
15 participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5,
16 including employment practices and the selection and retention of subconsultants.
17 I. The Consultant, subrecipient or subconsultant will never exclude any person from
18 participation in, deny any person the benefits of, or otherwise discriminate against anyone
19 in connection with the award and performance of any Contract covered by 49 CFR 26 on
20 the basis of race, color, sex, or national origin. In administering the County components of
21 the DBE Program Plan, the Consultant, subrecipient or subconsultant will not, directly, or
22 through Contractual or other arrangements, use criteria or methods of administration that
23 have the effect of defeating or substantially impairing accomplishment of the objectives of
24 the DBE Program Plan with respect to individuals of a particular race, color, sex, or national
25 origin.
26 31. Debarment and Suspension Certification
27 A. The Consultant's signature affixed herein, shall constitute a certification under
28 penalty of perjury under the laws of the State of California, that the Consultant has
56
1 complied with Title 49, Code of Federal Regulations, Appendix A to Part 29, Debarment
2 and Suspension Certificate, which certifies that the Consultant or any person associated
3 therewith in the capacity of owner, partner, director, officer, or manager:
4 1. Is not currently under suspension, debarment, voluntary exclusion, or
5 determination of ineligibility by any federal agency;
6 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible
7 by any federal agency within the past three (3) years;
8 3. Does not have a proposed debarment pending; and
9 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a
10 court of competent jurisdiction in any matter involving fraud or official misconduct
11 within the past three (3) years.
12 B. Any exceptions to this certification must be disclosed to the County on Appendix
13 M. Exceptions will not necessarily result in denial of recommendation for award but will be
14 considered in determining Consultant responsibility. Disclosures must indicate to whom
15 exceptions apply, initiating agency, and dates of action.
16 C. Exceptions to the Federal Government Excluded Parties Listing System
17 maintained by the General Services Administration are to be determined by the Federal
18 Highway Administration.
19 32. Funding Requirements
20 A. It is mutually understood between the parties that this Agreement may have been
21 written before ascertaining the availability of funds or appropriation of funds, for the mutual
22 benefit of both parties, in order to avoid program and fiscal delays that would occur if this
23 Agreement were executed after that determination was made.
24 B. This Agreement is subject to any additional restrictions, limitations, conditions, or
25 any legislation enacted by the Congress, State Legislature or the County's Board of
26 Supervisors that may affect the provisions, terms, or funding of this Agreement in any
27 manner.
28 C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement
57
1 may be amended to reflect any reduction in funds.
2 D. The County has the option to void this Agreement under the 30-day cancellation
3 clause, or to amend this Agreement by mutually acceptable modification of its provisions to
4 reflect any reduction of funds.
5 33. Contingent Fees
6 The Consultant warrants, by execution of this Agreement that no person or selling
7 agency has been employed, or retained, to solicit or secure this Agreement upon an
8 agreement or understanding, for a commission, percentage, brokerage, or contingent fee,
9 excepting bona fide employees, or bona fide established commercial or selling agencies
10 maintained by the Consultant for the purpose of securing business. For breach or violation
11 of this warranty, the County has the right to: annul this Agreement without liability, and to
12 pay only for the value of the work actually performed; or in its discretion to deduct from the
13 Agreement price or consideration, or otherwise recover, the full amount of such
14 commission, percentage, brokerage, or contingent fee.
15 34. Inspection of Work
16 The Consultant and any subcontractor shall permit the County, the state, and the
17 FHWA to review and inspect the Project activities and files at all reasonable times during
18 the performance period of this Agreement including review and inspection on a daily basis.
19 35. Safety
20 A. The Consultant shall comply with OSHA regulations applicable to Consultant
21 regarding necessary safety equipment or procedures. The Consultant shall comply with
22 safety instructions issued by the County Safety Officer and other County representatives.
23 The Consultant's personnel shall wear hard hats and safety vests at all times while working
24 on the construction project site.
25 B. Pursuant to the authority contained in Vehicle Code section 591, the County has
26 determined that such areas are within the limits of the project and are open to public traffic.
27 The Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13,
28 14, and 15 of the Vehicle Code. The Consultant shall take all reasonably necessary
58
1 precautions for safe operation of its vehicles and the protection of the traveling public from
2 injury and damage from such vehicles.
3 C. The Consultant must have a Division of Occupational Safety and Health (CAL-
4 OSHA) permit(s), as outlined in Labor Code section 6500 and 6705, prior to the initiation of
5 any practices, work, method, operation, or process related to the construction or excavation
6 of trenches which are five (5) feet or deeper.
7 36. Claims Filed by the County's Construction Contractor
g A. If claims are filed by the County's construction Contractor relating to work
9 performed by the Consultant's personnel, and additional information or assistance from the
10 Consultant's personnel is required in order to evaluate or defend against such claims, then
11 the Consultant hereby agrees in such event to make its personnel available for consultation
12 with the County's construction Contract administration and legal staff and for testimony, if
13 necessary, at depositions and at trial or arbitration proceedings.
14 B. The Consultant's personnel that the County considers essential to assist in
15 defending against construction Contractor claims will be made available on reasonable
16 notice from the County. Consultation or testimony will be reimbursed at the same rates,
17 including travel costs that are being paid for the Consultant's personnel services under this
18 Agreement.
19 C. Services of the Consultant's personnel in connection with the County's
20 construction Contractor claims will be performed pursuant to a written Contract
21 amendment, if necessary, extending the termination date of this Agreement in order to
22 resolve the construction claims.
23 37. Confidentiality of Data
24 A. All financial, statistical, personal, technical, or other data and information relative
25 to the County's operations, which are designated confidential by the County and made
26 available to the Consultant in order to carry out this Agreement, shall be protected by the
27 Consultant from unauthorized use and disclosure.
28 B. Permission to disclose information on one occasion, or public hearing held by the
59
1 County relating to the Contract, shall not authorize the Consultant to further disclose such
2 information, or disseminate the same on any other occasion.
3 C. The Consultant shall not comment publicly to the press or any other media
4 regarding this Agreement or the County's actions on the same, except to the County's staff,
5 the Consultant's own personnel involved in the performance of this Agreement, at public
6 hearings or in response to questions from a legislative committee.
7 D. The Consultant shall not issue any news release or public relations item of any
8 nature, whatsoever, regarding work performed or to be performed under this Agreement
9 without prior review of the contents thereof by the County, and receipt of the County's
10 written permission.
11 E. All information related to the construction estimate is confidential and shall not be
12 disclosed by the Consultant to any entity other than the County, Caltrans, and/or FHWA. All
13 of the materials prepared or assembled by the Consultant pursuant to performance of this
14 Agreement are confidential and the Consultant agrees that they shall not be made available
15 to any individual or organization without the prior written approval of the County or except
16 by court order. If the Consultant or any of its officers, employees, or subcontractors does
17 voluntarily provide information in violation of this Agreement, the County has the right to
18 reimbursement and indemnity from the Consultant for any damages caused by the
19 Consultant's releasing the information, including, but not limited to, the County's attorney's
20 fees and disbursements, including without limitation experts' fees and disbursements.
21 38. National Labor Relations Board Certification
22 In accordance with Public Contract Code section 10296, the Consultant hereby
23 states under penalty of perjury that no more than one final unappealable finding of
24 contempt of court by a federal court has been issued against the Consultant within the
25 immediately preceding two-year period, because of the Consultant's failure to comply with
26 an order of a federal court that orders the Consultant to comply with an order of the
27 National Labor Relations Board.
28
60
1 39. Evaluation of the Consultant
2 The Consultant's performance will be evaluated by the County. A copy of the
3 evaluation will be sent to the Consultant for comments. The evaluation together with the
4 comments shall be retained as part of the Contract record.
5 40. Entire Agreement
6 This Agreement constitutes the entire agreement between the Consultant and the
7 County with respect to the subject matter hereof and supersedes all previous negotiations,
8 proposals, commitments, writings, advertisements, publications, and understandings of any
9 nature whatsoever unless expressly included in this Agreement. In the event of any
10 inconsistency in interpreting the documents which constitute this Agreement, the
11 inconsistency shall be resolved by giving precedence in the following order of priority: (1)
12 the text of this Agreement (2) the County's Request for Qualification "On-Call A&E and
13 Related Services"; and (3) the Consultant's Statement of Qualification made in response to
14 County's Request for Qualification. In consideration of promises, covenants and conditions
15 contained in this Agreement, the Consultant and the County, and each of them, do hereby
16 agree to diligently perform in accordance with the terms and conditions of this Agreement,
17 as evidenced by the signatures below.
18
19
20
21
22
23
24
25
26
27
28
61
1 41. Signatures
2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
3 set forth above.
4
5 CONTRACTOR COUNTY OF FAF�,Ngysteve
White
6 Steve White Dale:21121.06.23
\\\ 12:04:06-07'00'
(AuMbrized Signature) Steven White, Director
7 Department of Public Works and
8 Nayan Amin, President Planning
Print Name & Title
9
10 TJKM Transportation Consultants
4305 Hacienda Drive, Suite 550
11 Pleasanton, CA 94588
12 APPROVED AS TO LEGAL FORM
13 Daniel C. Cederborg, County Counsel
Zachary Digitally signed by
14 Zachary Adams
Adams Date 2025.06.04
13:39:12-07'00'
15 y
16
APPROVED AS TO ACCOUNTING
17 FORM
Oscar J. Garcia, CPA,
18 Auditor-Controller/Treasurer-
Tax Collector
19
20 By: Oscar Garcia(Jun 9,202512:21 PDT)
21 1
22
FOR ACCOUNTING USE ONLY:
23
Fund: 0001 / 0010 / 0400 / 0700 / 0701 / 0710 / 0720 / 0801
24
Subclass: 10000 / 11000 / 15000 / 15001 / 16900
25
Org: 4360 /4365 /4511 /4512 /4513 /4514 /7205 / 7910 / 8852 / 8853 /8861 /8863 / 8865
26 / 8867 / 9015 / 9020 / 9026 / 9028 / 9140
27 Account- 7295
28
62
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: TJKM Transportation Consultants
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
Plumbing and Mechanical Engineering
Qualified SWPPP Developer and/or
Practitioner
Surveying
Traffic Engineering X X
Transportation Planning X X
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
Consultant's Scope of Services —Appendix B ................................................................ 1
Consultant Eligible Services Form .............................................................................. 1
Tableof Contents............................................................................................................2
Descriptions of Work by Discipline .................................................................................. 3
TrafficEngineering....................................................................................................... 3
Transportation Planning............................................................................................... 3
On-Call Services ............................................................................................................. 3
TechnicalReports........................................................................................................ 3
Preparation of Various Reports and Studies................................................................4
EngineeringSupport....................................................................................................4
2 of 5
Agreement Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Descriptions of Work by Discipline
Traffic Engineering
1. Provide design for signage and striping
2. Provide design for roundabouts
3. Traffic calming
4. Provide traffic signal/pedestrian signal design
Transportation Planning
1. Provide transportation planning for the following programs:
a. Safe routes to school
b. Traffic calming
c. Active transportation planning
d. Sustainable transportation planning
a. Climate adaption planning
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).
3 of 5
Agreement Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
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
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.
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 of 5
Agreement Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
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.
5of5
• . : Other Related Consultant Services for Various Public Works Projects Appendix
Traffic Engineering : .. Categories C
FRESNO COUNTY
'). CURRENT STAFF
The TJKM Team's dedicated transportation planners and engineers will be available to meet Fresno County's needs
responsively and provide timely quality products. Our staff is adept at taking ownership of the projects they work on. oho
This positive attitude provides a very high level of interest and assures Fresno County a quality work product.
Redundancy among our staff is demonstrated by our organizational chart and ensured by our vertical company
structure and the number of employees we employ. Each Task Lead has at least two staff dedicated to each respective Q_
practice or focus area, from operational analysis to safety studies, to travel demand modeling, multimodal planning,
and design. This redundancy is built into TJKM's overall organizational structure and is a critical part of TJKM's ability
to meet challenging deadlines for all our clients. Below we have included the list of current TJKM staff sorted by the
firm'sjob classifications.
Principal Director Senior Project Project Manager O
111111111 Manager
. .. Fritz, AICPa•ndrew Dickinson
Carlo •. • -••
Robert Williams Erik Bjorklund Manuel Montero
Vamsee PTP
•• • • .••.
Transportation dd '
Planners Rutvij Patel,
Transportation •--• '••• Traffic Engineer
SeniorEngineer
Mark Doty h
Planners • -- Moua, Administration
Aileen Cabico Garvit Goyal
Asst.Transportation
Leonard Phillips Engineer
Asst. Planners Nithin :• •. PE 9=Mq .
MoralesSam
Utsav AlaD• .• ■,
• •.
Grishma Pandya •
Rishi Shah
"Specialist
�_ (TJKM
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
COST PROPOSAL 2 Page 1 of 2
SPECIFIC RATE OF COMPENSATION(USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: T J K M Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant
Project No. Contract No. PWP24-036 Participation Amount: TBD Date: March 11,2025
For Combined Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
OR
For Home Office Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
For Field Office Rate
Fringe Benefit%+General&Administrative% = 0.00% Field Office ICR%
FEE% = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/ Hourly Billing Rates Effective date of Hourly Rate Actual or Avg %or$ Hourly Range for
Classification' Straight' OT(1.5x) OT(2.0x) From To Hourly Rate" Increase Classifications
Only
Ruta Jariwala,PE,TIE* 300.02 N/C N/C 1/1/2025 12/31/2025 104.70 0% N/A
PIC&QA/QC/Principal 309.02 N/C N/C 1/1/2026 12/31/2026 107.84 3.00% N/A
Exempt 318.30 N/C N/C 1/1/2027 12/31/2027 111.08 3.00% N/A
327.84 N/C N/C 1/1/2028 12/30/2028 114.41 3.00% N/A
337.67 N/C N/C 1/1/2029 12/30/2029 117.84 3.00% N/A
Nayan Amin,TE* 300.02 N/C N/C 1/1/2025 12/31/2025 104.70 0% N/A
Project Manager/Principal 309.02 N/C N/C 1/1/2026 12/31/2026 107.84 3.00% N/A
Exempt 318.30 N/C N/C 1/1/2027 12/31/2027 111.08 3.00% N/A
327.84 N/C N/C 1/1/2028 12/30/2028 114.41 3.00% N/A
337.67 N/C N/C 1/1/2029 12/30/2029 117.84 3.00% N/A
Rutvij Patel,EIT* 252.85 N/C N/C 1/1/2025 12/31/2025 88.24 0% N/A
Deputy Project Manager/Sr. 260.45 N/C N/C 1/1/2026 12/31/2026 90.89 3.00% N/A
Project Manager
Exempt 268.27 N/C N/C 1/1/2027 12/31/2027 93.62 3.00% N/A
276.32 N/C N/C 1/1/2028 12/30/2028 96.43 3.00% N/A
284.60 N/C N/C 1/1/2029 12/30/2029 99.32 3.00% N/A
Vamsee Modugula* 257.90 N/C N/C 1/1/2025 12/31/2025 90.00 0% N/A
Task Lead/Director 265.63 N/C N/C 1/1/2026 12/31/2026 92.70 3.00% N/A
Exempt 273.60 N/C N/C 1/1/2027 7 N/A22 281.79 N/C N/C 1/1/2028 12/30/20 94 3.00% N/A
290.25 N/C N/C 1/1/2029 12/30/2029 1 101.29 3.00% N/A
Page 1 of 6
COST PROPOSAL 2 Page 1 of 2
SPECIFIC RATE OF COMPENSATION(USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: T J K M Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant
Project No. Contract No. PWP24-036 Participation Amount: TBD Date: March 11,2025
For Combined Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
OR
For Home Office Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
For Field Office Rate
Fringe Benefit%+General&Administrative% = 0.00% Field Office ICR%
FEE% = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/ Hourly Billing Rates Effective date of Hourly Rate Actual or Avg %or$ Hourly Range for
Classifications
Classification' Straight' OT(1.5x) OT(2.0x) From To Hourly Rate° Increase
Onl
Praveena Samaleti* 215.74 N/C N/C 1/1/2025 12/31/2025 75.29 0% N/A
Task Lead/Sr.Project Manager 222.22 N/C N/C 1/1/2026 12/31/2026 77.55 3.00% N/A
Exempt 228.90 N/C N/C 1/1/2027 12/31/2027 79.88 3.00% N/A
235.77 N/C N/C 1/1/2028 12/30/2028 82.28 3.00% N/A
242.85 N/C N/C 1/1/2029 12/30/2029 84.75 3.00% N/A
Sandeep Paparaju* 257.69 N/C N/C 1/1/2025 12/31/2025 89.93 0% N/A
Task Lead/Sr.Project Manager 265.43 N/C N/C 1/1/2026 12/31/2026 92.63 3.00% N/A
Exempt 273.40 N/C N/C 1/1/2027 12/31/2027 95.41 3.00% N/A
281.59 N/C N/C 1/1/2028 12/30/2028 98.27 3.00% N/A
290.05 N/C N/C 1/1/2029 12/30/2029 101.22 3.00% N/A
Mark Doty* 225.03 N/C N/C 1/1/2025 12/31/2025 78.53 0% N/A
Task Lead/Project Manager 231.79 N/C N/C 1/1/2026 12/31/2026 80.89 3.00% N/A
Exempt 238.75 N/C N/C 1/1/2027 12/31/2027 83.32 3.00% N/A
245.92 N/C N/C 1/1/2028 12/30/2028 85.82 3.00% N/A
253.28 N/C N/C 1/1/2029 12/30/2029 88.39 3.00% N/A
Esmaeil Balal,PhD,PE* 241.07 N/C N/C 1/1/2025 12/31/2025 84.13 0% N/A
Task Lead/Project Manager 248.30 N/C N/C 1/1/2026 12/31/2026 86.65 3.00% N/A
Exempt 255.75 N/C N/C 1/1/2027 12/31/2027 89.25 3.00% N/A
263.43 N/C N/C 1/1/2028 12/30/2028 91.93 3.00% N/A
271.33 N/C N/C 1/1/2029 12/30/2029 94.69 3.00% N/A
Page 2 of 6
COST PROPOSAL 2 Page 1 of 2
SPECIFIC RATE OF COMPENSATION(USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: T J K M Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant
Project No. Contract No. PWP24-036 Participation Amount: TBD Date: March 11,2025
For Combined Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
OR
For Home Office Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
For Field Office Rate
Fringe Benefit%+General&Administrative% = 0.00% Field Office ICR%
FEE% = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/ Hourly Billing Rates Effective date of Hourly Rate Actual or Avg %or$ Hourly Range for
Classifications
Classification' Straight' OT(1.5x) OT(2.0x) From To Hourly Rate' Increase
Onl
0 300.02 N/C N/C 1/1/2025 12/31/2025 104.70 0% 300.02
Principal 309.02 N/C N/C 1/1/2026 12/31/2026 107.84 3.00% 309.02
Exempt 318.30 N/C N/C 1/1/2027 12/31/2027 111.08 3.00% 318.29
327.84 N/C N/C 1/1/2028 12/30/2028 114.41 3.00% 327.84
337.67 N/C N/C 1/1/2029 12/30/2029 117.84 3.00% 337.67
0 272.22 N/C N/C 1/1/2025 12/31/2025 95.00 0% 257.90-286.55
Director 280.39 N/C N/C 1/1/2026 12/31/2026 97.85 3.00% 265.63-295.15
Exempt 288.81 N/C N/C 1/1/2027 12/31/2027 100.79 3.00% 273.60-304.00
297.47 N/C N/C 1/1/2028 12/30/2028 103.81 3.00% 281.81-313.12
306.38 N/C N/C 1/1/2029 12/30/2029 106.92 3.00% 290.26-322.51
0 232.28 N/C N/C 1/1/2025 12/31/2025 81.06 0% 206.66-257.90
Senior Project Manager 239.24 N/C N/C 1/1/2026 12/31/2026 83.49 3.00% 212.86-265.63
Exempt 246.40 N/C N/C 1/1/2027 12/31/2027 85.99 3.00% 219.25-273.60
253.80 N/C N/C 1/1/2028 12/30/2028 88.57 3.00% 225.82-281.81
261.42 N/C N/C 1/1/2029 12/30/2029 91.23 3.00% 232.60-290.26
0 194.94 N/C N/C 1/1/2025 12/31/2025 68.03 0% 148.78-241.07
Project Manager 200.79 N/C N/C 1/1/2026 12/31/2026 70.07 3.00% 153.24-248.31
Exempt 206.80 N/C N/C 1/1/2027 12/31/2027 72.17 3.00% 157.84-255.76
213.02 N/C N/C 1/1/2028 12/30/2028 74.34 3.00% 162.57-263.43
219.41 N/C N/C 1/1/2029 12/30/2029 76.57 3.00% 167.45-271.33
0 216.98 N/C N/C 1/1/2025 12/31/2025 75.72 0% 216.98
Senior Transportation Engineer 223.48 N/C N/C 1/1/2026 12/31/2026 77.99 3.00% 223.48
Exempt 230.19 N/C N/C 1/1/2027 12/31/2027 80.33 3.00% 230.19
237.09 N/C N/C 1/1/2028 12/30/2028 82.74 3.00% 237.10
244.20 N/C N/C 1/1/2029 12/30/2029 85.22 3.00% 244.21
0 130.81 N/C N/C 1/1/2025 12/31/2025 45.65 0% 114.19-147.40
Transportation Engineer 134.74 N/C N/C 1/1/2026 12/31/2026 47.02 3.00% 117.62-151.82
Exempt 138.78 N/C N/C 1/1/2027 12/31/2027 48.43 3.00% 121.14-156.38
142.93 N/C N/C 1/1/2028 12/30/2028 49 3 1228-161.07
147.23 N/C N/C 1/1/2029 1230/202 0% 124165.90 Page 3 of 6
COST PROPOSAL 2 Page 1 of 2
SPECIFIC RATE OF COMPENSATION(USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: T J K M Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant
Project No. Contract No. PWP24-036 Participation Amount: TBD Date: March 11,2025
For Combined Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
OR
For Home Office Rate
Fringe Benefit%+General&Administrative% 53.02%+107.48% = 160.50% Home Office ICR%
For Field Office Rate
Fringe Benefit%+General&Administrative% = 0.00% Field Office ICR%
FEE% = 10.0%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/ Hourly Billing Rates Effective date of Hourly Rate Actual or Avg %or$ Hourly Range for
Classifications
Classification' Straight' OT(1.5x) OT(2.0x) From To Hourly Rate' Increase
Onl
0 106.65 N/C N/C 1/1/2025 12/31/2025 37.22 0% 106.22-107.06
Assistant Transportation Engineei 109.86 N/C N/C 1/1/2026 12/31/2026 38.34 3.00% 109.41-110.27
Exempt 113.16 N/C N/C 1/1/2027 12/31/2027 39.49 3.00% 112.69-113.57
116.54 N/C N/C 1/1/2028 12/30/2028 40.67 3.00% 116.07-116.98
120.04 N/C N/C 1/1/2029 12/30/2029 41.89 3.00% 119.56-120.49
0 225.03 N/C N/C 1/1/2025 12/31/2025 78.53 0% 225.03
Senior Transportation Planner 231.79 N/C N/C 1/1/2026 12/31/2026 80.89 3.00% 231.78
Exempt 238.75 N/C N/C 1/1/2027 12/31/2027 83.32 3.00% 238.73
245.92 N/C N/C 1/1/2028 12/30/2028 85.82 3.00% 245.89
253.28 N/C N/C 1/1/2029 12/30/2029 88.39 3.00% 253.27
0 145.45 N/C N/C 1/1/2025 12/31/2025 50.76 0% 127.72-163.19
Transportation Planner 149.81 N/C N/C 1/1/2026 12/31/2026 52.28 3.00% 131.55-168.09
0 154.31 N/C N/C 1/1/2027 12/31/2027 53.85 3.00% 135.49-173.13
158.95 N/C N/C 1/1/2028 12/30/2028 55.47 3.00% 139.56-178.32
163.71 N/C N/C 1/1/2029 12/30/2029 57.13 3.00% 143.74-183.67
0 97.71 N/C N/C 1/1/2025 12/31/2025 34.10 0% 92.24-103.19
Assistant Transportation Planner 100.64 N/C N/C 1/1/2026 12/31/2026 35.12 3.00% 95.01-106.28
0 103.65 N/C N/C 1/1/2027 12/31/2027 36.17 3.00% 97.86-109.47
106.77 N/C N/C 1/1/2028 12/30/2028 37.26 3.00% 100.79-112.75
109.98 N/C N/C 1/1/2029 12/30/2029 38.38 3.00% 103.82-116.14
0 104.76 N/C N/C 1/1/2025 12/31/2025 36.56 0% 99.32-110.21
Grahpics Designer 107.91 N/C N/C 1/1/2026 12/31/2026 37.66 3.00% 102.30-113.52
0 111.15 N/C N/C 1/1/2027 12/31/2027 38.79 3.00% 105.37-116.92
114.48 N/C N/C 1/1/2028 12/30/2028 39.95 3.00% 108.53-120.43
117.92 N/C N/C 1/1/2029 12/30/2029 41.15 3.00% 111.78-124.04
0 131.96 N/C N/C 1/1/2025 12/31/2025 46.05 0% 111.18-152.73
Administrative 135.91 N/C N/C 1/1/2026 12/31/2026 47.43 3.00% 114.52-157.31
0 139.98 N/C N/C 1/1/2027 12/31/2027 48.85 3.00% 117.95-162.03
144.19 N/C N/C 1/1/2028 32 121.49-166.89
12/30/202 51.83 3.
148.52 N/C N/C 1/1/2029 00% 125.14-171.90
Notes:
1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing age 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 4 of 6
COST PROPOSAL 2 Page 2 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: T J K M 0 Prime Consultant ❑ Subconsultant
Project No. Contract No. PWP24-036 Date: 3/11/2025
SCHEDULE OF OTHER DIRECT COST ITEMS (Add Additional Pages As Necessary)
Description of Item Quantity Unit Unit Cost Total
Mileage Costs TBD Mile At IRS Rate At Cost
Equipment Rental and Supplies At Cost
Permit Fees At Cost
Plan Sheets At Cost
Testing At Cost
Vehicle At Cost
Subconsutant 1: At Cost
Subconsutant 2: At Cost
Subconsutant 3: At Cost
Subconsutant 4: At Cost
Subconsutant 5: At Cost
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 5 of 6
COST PROPOSAL 2 (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 State 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
non-compliant with the Federal and State requirements are not eligible for reimbursement
Prime Consultant or Subconsultant Certifying:
Name: Nayan Amin Title*: President
1
his
Signature: Date of Certification (mm/dd/yyyy): 3/11/2025
Email: namin aIakm.com Phone Number: 925.463.0611
Address: 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588
*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 of services the consultant is providing under the proposed contract:
Traffic Engineering&Transportation Planning
Page 6 of 6
Appendix F
AAVM�Ihw
Inspector General
California Department of Transportation
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: T J K M
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 (ICR):
Combined Rate: 160.50 Or
Home Office Rate: and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:* 1/l/2023-12/31/2023
Fiscal period is annual one year applicable accounting period that the ICR was developed(not the contract period).The ICR 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 ICR(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 ICR(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 the Financial Document Review Request
form.
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)(21:
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
accounts;
Certification of Indirect Costs and Financial Management System -Independent Office of Audits and Investigations-Revised 9/2022 1
• 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 requirements.
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 3,200,323.00 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 3
• Years of consultant's experience with 48 CFR Part 31 is 12
• Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit ❑ Local Govt ICR Audit ❑
Caltrans ICR Audit ❑
CPA ICR Audit 0 Federal Govt ICR Audit ❑
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the
ICR 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:** Nayan Amin Title**. President
1
t`, 01/03/2025
Signature: Date:
Phone**: (92 )463411 Email** namin@tjkm.com
**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 forms. Caltrans will not
process local agency's invoices until a complete form is accepted and approved by the Independent Office of
Audits and Investigations.
Certification of Indirect Costs and Financial Management System -Independent Office of Audits and Investigations-Revised 9/2022 2
NOT APPLICABLE
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 "County'),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
NOT APPLICABLE
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:
Appendix H
Subconsultants
None
-- -- ---- -- --. _ _ _. 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
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 F
20
Chairman, Board of Supervisors
21
22 Attest:
23 _0/
24 (�J�
25 Clerk
26
i
27
28
i
COUNTY OF FRESNO
Fresno,Cellfarnia 2
County of Fresno
Fresno,California
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
PFORoipal 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.
ti co�WIPRE
Macros Must Be Enabled --Please Re-open and Enable
Conflict of Interest Code [0 Email Me]
Double click!
°� of the County of Fresno
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 , e•��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,&1a24
OTHER ACTION (IF ANY):
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: T J K M 6. Prime Certified DBE: 1!� 7.Total Contract Award Amount: On-call
8.Total Dollar Amount for ALL Subconsultants: 9.Total Number of ALL Subconsultants: 0
10. Description of Work,Service,or Materials 11. DBE 13. DBE
Supplied Certification 12. DBE Contact Information Dollar
Number Amount
Traffic Engineering 40772 T J K M, Nayan Amin, 925.463.0611,
namin@tjkm.com
Local Agency to Complete this Section
20.Local Agency Contract $TBD
KI-1-'"' 14.TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number:
22.Contract Execution %
nntP-
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.
5/30/25
23.Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date
(925)463-0611 925.463.0611
25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18.Phone
President
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
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
❑ Prime ❑Subawardee
Tier if known
Congressional District,if known Congressional District,if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable
8. Federal Action Number,if known: 9. Award Amount,if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual,last name,first name,MI) (including address if different from No. 10)
(last name,first name,MI)
(attach Continuation Sheet(s)if necessary)
12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
$ T J K M, actual planned a. retainer
b. one-time fee
13. Form of Payment(check all that apply): _ c. commission
a. cash d. contingent fee
b. in-kind;specify:nature e deferred
Value f other,specify
15. Brief Description of Services Performed or to be performed and Date(s)of Service,including
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 12:
(attach Continuation Sheet(s)if necessary)
16. Continuation Sheet(s)attached: Yes ❑ No ❑
17.Information requested through this form is authorized by Title M.+�
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: (925)463-0611
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any President
person who fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: 925.463.0611 Date:5/30/25
Authorized for Local Reproduction
Federal Use Only: Standard Form-LLL
Standard Form LLL Rev.04-28-06
Distribution: Orig-Local Agency Project Files
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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
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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.
N/A
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.
Signature: /- Date:
5/30/25
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