HomeMy WebLinkAboutAgreement A-20-514 with Area West Environmental.pdf1
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CONSULTANT AGREEMENT
THIS AGREEMENT for Environmental Services, hereinafter referred to as “the AGREEMENT,”
is made and entered into this _____ day of December, 2020, between the COUNTY OF FRESNO, a
political subdivision of the State of California, hereinafter referred to as “the COUNTY”; and AREA
WEST ENVIRONMENTAL, INC., a California Corporation, whose address is 6248 Main Avenue, Suite
#C, Orangevale, CA 95662 , hereinafter referred to as “the CONSULTANT”.
WITNESSETH
WHEREAS, the COUNTY desires to retain the CONSULTANT to provide specialized
professional environmental consulting services to assist COUNTY in complying with federal and state
environmental laws, regulations and guidelines as necessary for the North Fork Road Bridge over San
Joaquin River bridge replacement project (hereinafter referred to as “PROJECT”).; and
WHEREAS, CONSULTANT has been selected in accordance with the COUNTY's Ordinance
Code Chapter 4.10 governing the selection of architects, engineers, and other professionals, and in
accordance with Chapter 10 of the California Department of Transportation’s (CALTRANS) Local
Assistance Procedures Manual (LAPM), to provide the services necessary for the PROJECT; and
WHEREAS, the individual listed below
Erin Haagenson, Senior Staff Analyst
2220 Tulare Street, 6th Floor, Fresno, CA 93721
559-600-9908
ehaagenson@fresnocountyca.gov
is designated as the CONTRACT ADMINISTRATOR for the AGREEMENT on behalf of COUNTY, and
shall remain so unless the CONSULTANT is otherwise notified in writing by the COUNTY’s Director of
Public Works and Planning or his/her designee (hereinafter referred to as “DIRECTOR”); and
WHEREAS, the individual listed below
Becky Rozumowicz-Kodsuntie
6248 Main Avenue, Suite #C, Orangevale, CA 95662
916-987-3362
becky@areawest.net
20-1150
15th
Agreement No. 20-514
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is designated as the CONSULTANT’S PROJECT MANAGER for the AGREEMENT, and shall remain
so unless the CONSULTANT requests and the DIRECTOR approves, in writing, a change of the
CONSULTANT’S PROJECT MANAGER, for which approval will not be unreasonably withheld; and
WHEREAS, said AGREEMENT is subject to 49 Code of Federal Regulations (hereinafter
referred to as “49 CFR”), Part 26 Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial Assistance Programs, Disadvantaged Business Enterprise programs
established by other federal agencies and/or the COUNTY’S Disadvantaged Business Enterprise
Program (all of which are hereinafter referred to as "DBE PROGRAM(S)"),
NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the above
named parties agree as follows:
I. GENERAL PROVISIONS
A. The COUNTY hereby contracts with the CONSULTANT as an independent contractor to
provide specialized professional environmental consulting services to assist COUNTY in complying with
federal and state environmental laws, regulations and guidelines as necessary for the PROJECT. Said
services are described generally in Article II and more specifically enumerated in Article III herein.
B. The CONSULTANT'S services shall be performed in a manner consistent with
professional skill and the orderly progress of the assignments, based on schedules for each specific
Task as mutually agreed upon in advance by the COUNTY’S CONTRACT ADMINISTRATOR and the
CONSULTANT.
C. The CONSULTANT’S PROJECT team staff shall be as listed in Exhibit A, attached
hereto and incorporated herein. Any substitutions of personnel must be approved in advance by the
COUNTY’S CONTRACT ADMINISTRATOR, for which approval shall not be unreasonably withheld.
The CONSULTANT shall notify the COUNTY’S CONTRACT ADMINISTRATOR of the name(s) and
classification(s) of employees proposed for each specific Task and shall not reassign such employees
to other Tasks of the CONSULTANT hereunder without notification to and prior approval by the
COUNTY’S CONTRACT ADMINISTRATOR.
D. The CONSULTANT may retain, as subconsultants, specialists in such disciplines as the
CONSULTANT desires to have available to provide services hereunder. All subconsultants used by
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the CONSULTANT shall be approved in writing by the COUNTY’S CONTRACT ADMINISTRATOR
before they are retained by the CONSULTANT, which approval shall not be unreasonably withheld.
The subconsultants listed in Exhibit B, attached hereto and incorporated herein, shall be considered as
approved. Any substitution of subconsultants must be approved in writing by the CONTRACT
ADMINISTRATOR in advance of assigning work to a substitute subconsultant. Should the
CONSULTANT retain any subconsultants, the maximum amount of compensation to be paid to the
CONSULTANT under Article V below shall not be increased. Any additional compensation to be paid
to the CONSULTANT for such subconsultants’ work shall be limited to administrative time spent by
CONSULTANT in administering and overseeing the work. Additional fees other than those hourly rates
for subconsultant oversight defined in the fee proposal shall not be reimbursed.
E. The CONSULTANT and affiliated subconsultants shall not submit bids, or sub-bids, for
the contract construction phase of the PROJECT. The CONSULTANT and its subconsultants, and all
other service providers, shall not provide any PROJECT-related services for, or receive any PROJECT-
related compensation from any construction contractor, subcontractor or service provider awarded a
construction contract (hereinafter referred to as “contractor”) for all or any portion of the PROJECT for
which the CONSULTANT provides services hereunder. The CONSULTANT, its subconsultants, and all
other service providers, may provide services for, and receive compensation from a contractor who has
been awarded a construction contract for all or any portion of the PROJECT, provided that any such
services which are rendered, and any compensation which is received therefor, relates to work outside
the scope of the AGREEMENT and does not pose a conflict of interest.
F. Any subcontract in excess of $25,000 entered into as a result of the AGREEMENT, shall
contain all the provisions stipulated in the AGREEMENT to be applicable to subconsultants.
G. The CONSULTANT is responsible for being fully informed regarding the requirements of
49 CFR, Part 26 and the CALTRANS Disadvantaged Business Enterprise program developed pursuant
to the regulations, as detailed in Exhibit C, attached hereto and incorporated herein.
II. CONSULTANT’S SERVICES
A. The work to be performed by the CONSULTANT under this AGREEMENT includes
professional services for the PROJECT. Each environmental technical report prepared for a federally
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funded PROJECT(S) must be prepared in accordance with the latest provisions of the Standard
Environmental Reference published by CALTRANS and all other applicable local, state, and federal
regulations and guidance, to the full extent that any provisions thereof are related or have applicability
to PROJECT. The required technical reports will be determined by preparation of a Preliminary
Environmental Study form required by CALTRANS for Local Assistance projects and/or COUNTY’S
California Environmental Quality Act (CEQA) process, and may include any of the services delineated
in Exhibit D hereto.
B. A preliminary schedule is attached hereto as Exhibit E. CONSULTANT will make every
reasonable attempt to adhere to the agreed schedule, and will notify the COUNTY in the event that the
schedule becomes unattainable. The schedule may be revised upon approval of the CONTRACT
ADMINISTRATOR or other person designated by the DIRECTOR.
C. The CONSULTANT agrees to provide the professional services that are necessary for
PROJECT, when expressly authorized in writing by the CONTRACT ADMINISTRATOR. Work by the
CONSULTANT shall not begin until the CONSULTANT has received a written Notice to Proceed from
the CONTRACT ADMINISTRATOR authorizing the necessary service, agreed upon fee, and scope of
work.
D. The CONSULTANT agrees that each professional or other individual performing work on
any Task hereunder relating to the PROJECT shall be adequately trained to perform the work and shall
possess the proper license, certification or registration as required by law or by accepted standards of
the applicable profession; provided, however, that unlicensed individuals having adequate experience
may be acceptable for certain Tasks as determined by the COUNTY’S CONTRACT ADMINISTRATOR.
The CONSULTANT agrees to provide staff to perform the professional services that are necessary to
complete the following Tasks when expressly authorized in writing by the COUNTY’S CONTRACT
ADMINISTRATOR:
1. Technical Reports:
a. Ascertain the requirements for Technical Reports through meetings with the
COUNTY’S CONTRACT ADMINISTRATOR and a review of existing information on the PROJECT.
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b. The CONSULTANT shall prepare and submit technical reports to the COUNTY’S
CONTRACT ADMINISTRATOR for each assigned Task. Technical reports shall be prepared in
accordance with the appropriate format required by local, state and federal laws, regulations and
guidelines.
c. When requested by the COUNTY’S CONTRACT ADMINISTRATOR, the
CONSULTANT shall attend meetings with the COUNTY, federal, state and/or local representatives to
discuss and review the technical report(s). CONSULTANT shall prepare brief minutes of meetings
attended and promptly submit the minutes to the COUNTY’S CONTRACT ADMINISTRATOR within
seven (7) days.
d. CONSULTANT shall provide preconstruction environmental surveying services, as
required, for preparation of Technical Reports and compliance with environmental mitigation
requirements.
e. CONSULTANT shall submit each technical report to the COUNTY’S CONTRACT
ADMINISTRATOR for transmittal to other appropriate agencies for their review and approval.
CONSULTANT shall revise and resubmit each technical report as necessary until approved by all
appropriate agencies. Standard submittal shall be five (5) reproducible copies and one (1) electronic
copy of each technical report. CONSULTANT shall verify compatible format and quantity prior to final
delivery.
f. CONSULTANT shall prepare technical studies and estimates on 8 ½” by 11” pages,
provide hard copy and electronic format as standard submittal; and prepare documents in Microsoft
Word 2010 version or later, Microsoft Excel 2010 version or later, or Adobe 9.0 or later, or other
mutually agreed upon format. If requested, such submittals shall be furnished on compact disc (CD) or
a universal serial bus (USB) drive. CONSULTANT shall verify compatible format and quantity prior to
final delivery.
g. CONSULTANT shall submit five (5) hard copies of each drawing prepared with
Autocad Civil 3D, version 2013 or later and an electronic copy in the form of .DXF or .DWG files. Such
submittals shall be furnished on CD. The CONSULTANT shall verify a compatible format prior to final
file delivery.
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2. CEQA Documents: CONSULTANT shall prepare CEQA documents as required for the
PROJECT, including but not limited to a Categorical Exemption, Mitigated Negative Declaration,
Negative Declaration and Environmental Impact Report to complete CEQA review in accordance with
Section 15063 of the CEQA Guidelines as assigned for the PROJECT. The CEQA phase includes, but
is not limited to, preparation of a project description, data compilation and review, impact assessment
and determination, documentation preparation, development of mitigation measures, response to
comments, as well as project management and public meeting attendance.
3. Design & Construction Support:
a. CONSULTANT shall assist the COUNTY in determining all permits that may be
required for the PROJECT and prepare all necessary permits for the COUNTY submittal to outside
agencies.
b. CONSULTANT shall, if required by approval agencies, submit to the COUNTY in the
appropriate agency forms, the PROJECT background information and recommended testing and
inspection list to be used for environmental mitigation for the PROJECT. Submit required numbers of
sets of plans, specifications, and other documents required by approval agencies to the COUNTY’S
CONTRACT ADMINISTRATOR.
c. As requested, CONSULTANT shall review portions of PROJECT specifications to
ensure that appropriate mitigation requirements are provided, and shall advise COUNTY regarding
inclusion or potential modification of specifications sections.
d. CONSULTANT shall respond to Requests for Clarification during the bidding process
and submit to the COUNTY’S CONTRACT ADMINISTRATOR for review and approval any additional or
revised specifications or clarifications deemed necessary. Responses should be submitted within three
(3) working days of receipt.
e. Attend the preconstruction conference scheduled by the COUNTY’S CONTRACT
ADMINISTRATOR.
f. When requested by the COUNTY’S CONTRACT ADMINISTRATOR, attend
meetings with the COUNTY, federal, state and/or local representatives. The CONSULTANT shall
prepare brief minutes of all meetings attended and promptly submit those minutes to the COUNTY’S
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CONTRACT ADMINISTRATOR within seven (7) calendar days.
g. Within two (2) working days, respond to requests from the CONTRACT
ADMINISTRATOR for information needed from the CONSULTANT in order to clarify construction plans
and specifications and to review the construction contractor’s cost estimates for all change orders.
h. CONSULTANT shall provide construction monitoring services, as required, for
compliance with environmental mitigation requirements. The CONSULTANT shall not be responsible
for the CONTRACTOR’S failure to carry out the construction work in accordance with the contract
documents. However, the CONSULTANT shall immediately advise the COUNTY’S CONTRACT
ADMINISTRATOR of any known or observed deviation from the contract documents.
i. In accordance with generally accepted practices, the COUNTY’S Construction
Contractor will be required to assume sole and complete responsibility for job site conditions during the
course of construction on the PROJECT, including safety of all persons and property, and this
requirement shall be made to apply continuously throughout the duration of the PROJECT’S
construction phase and will not be limited to normal working hours. The CONSULTANT shall not have
control over or charge of, and shall not be responsible for, PROJECT means, methods, techniques,
sequences or procedures, as those are sole the sole responsibility of the Construction Contractor. The
CONSULTANT shall not have the authority to stop or reject the work of the Construction Contractor.
III. OBLIGATIONS OF THE COUNTY
The COUNTY will:
A. Issue Task Orders on an assignment-by-assignment basis. Task Orders will, at a
minimum, include a description of the assignments to be performed.
B. Provide the CONSULTANT with a PROJECT Scope and Schedule.
C. Compensate the CONSULTANT as provided in the AGREEMENT.
D. Provide an individual CONTRACT ADMINISTRATOR to serve as a representative of the
COUNTY who will coordinate and communicate with the CONSULTANT, to the extent appropriate, to
facilitate the CONSULTANT’S performance of its obligations in accordance with the provisions of the
AGREEMENT.
E. Provide copies of any available existing as-built plans and right-of-way drawings from
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the COUNTY files, or any available PROJECT drawings necessary to complete permitting processes or
technical reports.
F. Give limited assistance in processing required permits.
G. Give reasonably prompt consideration to all matters submitted for approval by the
CONSULTANT to the end that there will be no substantial delays in the CONSULTANT’S program of
work. An approval, authorization or request to the CONSULTANT given by the COUNTY will be
binding upon the COUNTY under the terms of the AGREEMENT only if it is made in writing and signed
on behalf of the COUNTY by the CONTRACT ADMINISTRATOR.
IV. TERM OF AGREEMENT / PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on upon execution by the COUNTY, and the
CONSULTANT shall commence work after receipt of notification to proceed as issued by the
COUNTY’S CONTRACT ADMINISTRATOR. The AGREEMENT shall continue in effect for a period of
six years commencing on the execution date, unless prior to its expiration its term is extended in
writing, for a maximum of two (2) additional one-year terms, by mutual consent of the DIRECTOR and
the CONSULTANT.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not
binding on the COUNTY until the AGREEMENT is fully executed following its approval by the
COUNTY’S Board of Supervisors.
V. ALLOWABLE COSTS AND PAYMENTS / COST PLUS FIXED FEE
A. Total Fee:
1. The method of payment for this AGREEMENT will be based on actual cost plus a
fixed fee. COUNTY will reimburse CONSULTANT for actual costs (including labor costs, employee
benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in
performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the
estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated
costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is
provided for by written amendment to this AGREEMENT in accordance with Article VIII, Section A. In
no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds the
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CONSULTANT’s approved indirect cost rates, as set forth in the Cost Proposal, attached as Exhibit F.
In the event that the COUNTY determines that an appreciable change to the work is required, the
actual costs shall be adjusted by contract amendment in accordance with Article VIII, Section A to
accommodate the changed work. The maximum total cost as specified in Article V, Section A,
Paragraph 2 shall not be exceeded, unless authorized by written amendment to this AGREEMENT.
2. The total amount payable by the COUNTY shall not exceed $673,684.01,
including fixed fees of $53,880.42, and $619,803.59 for actual and indirect costs.
3. The indirect cost rate established for this AGREEMENT is extended to apply
throughout the duration of this AGREEMENT. CONSULTANT’s agreement to the extension of the two
1-year applicable periods shall not be considered a condition or qualification to be considered for the
work or AGREEMENT award.
4. In addition to the actual and indirect costs, the COUNTY will pay CONSULTANT
a fixed fee as specified in Article V, Section A, Paragraph 2. The fixed fee is nonadjustable for the term
of the AGREEMENT, except in the event of a significant change in the scope of work and such
adjustment is made by written amendment to this AGREEMENT in accordance with Article VIII, Section
A.
5. Reimbursement for transportation and subsistence costs shall not exceed the
rates specified in the approved Cost Proposal.
6. Progress payments will be made, not more frequently than monthly, based on
services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be
included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable
items according to the schedule set forth in Article II Consultant Services, then the COUNTY shall have
the right to delay payment or terminate this AGREEMENT.
7. The CONSULTANT shall not commence the performance of work or services
hereunder until the AGREEMENT has been approved by the COUNTY and a written notification to
proceed has been issued by the COUNTY’S CONTRACT ADMINISTRATOR. No payment will be made
for any work performed prior to approval of the AGREEMENT or for any work performed prior to written
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authorization for commencement of work hereunder, issued by the COUNTY’S CONTRACT
ADMINISTRATOR.
8. CONSULTANT will be reimbursed promptly according to California Regulations
upon receipt by the COUNTY’S CONTRACT ADMINISTRATOR of itemized invoices. Invoices shall be
submitted no later than sixty (60) calendar days after the performance of work for which CONSULTANT
is billing. Invoices shall detail the work performed on each milestone and each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this
AGREEMENT number and project title. Final invoice must contain the final cost and all credits due to
the COUNTY, including any equipment purchased under the provisions of Article XI Equipment
Purchase. The final invoice should be submitted within ninety (90) calendar days after completion of
CONSULTANT’s work. Invoices shall be e-mailed to the COUNTY at the following address:
PWPBusinessOffice@fresnocountyca.gov.
9. For personnel subject to prevailing wage rates as described in the California
Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are
reimbursable.
B. Payments:
1. Prompt progress payments will be made by the COUNTY upon receipt of the
CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR thereof based
on the CONTRACT ADMINISTRATOR’S evaluation of actual number of hours worked by
CONSULTANT’s staff. Invoices shall clearly identify the staff member and the number of hours spent
working on each assignment and the date(s) on which the work was performed, and shall be submitted
with the documentation identified in Article V, Section B, Paragraph 4.
2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR will take a
maximum of ten (10) working days to review, approve, and submit it to the COUNTY Auditor-
Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be returned to the
CONSULTANT for correction and resubmittal. Payment will be issued to the CONSULTANT within
forty (40) calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives the
approved invoice.
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3. An unresolved dispute over a possible error or omission may cause payment of
the CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
4. Concurrently with the invoices, the CONSULTANT shall certify (through copies of
issued checks, receipts, or other COUNTY pre-approved documentation) that complete payment has
been made to all subconsultants as provided herein for all previous invoices paid by the COUNTY.
However, the parties do not intend that the foregoing create in any subconsultants or subcontractors a
third-party beneficiary status or any third-party beneficiary rights, and do hereby expressly disclaim any
such status or rights.
5. Final invoices shall be submitted to CONTRACT ADMINISTRATOR no later than
thirty (30) days after the PROJECT is completed. Final payments shall not be made until the COUNTY
confirms that all services for the PROJECT are completed.
6. In the event the DIRECTOR reduces the scope of the CONSULTANT’S work
under the AGREEMENT for a specific Task (or discontinues a specific Task), whether due to a
deficiency in the appropriation of anticipated funding or otherwise, the CONSULTANT will be
compensated on a pro rata basis for actual work completed and accepted by the DIRECTOR in
accordance with the terms of the AGREEMENT.
VI. TERMINATION
A This AGREEMENT may be terminated by the COUNTY, provided that the COUNTY
gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt
requested) of intent to terminate. Upon termination, the COUNTY shall be entitled to all work, including
but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data
estimates performed to that date, whether completed or not.
B. The COUNTY may temporarily suspend this AGREEMENT, at no additional cost to the
COUNTY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt
requested) of temporary suspension. If the COUNTY gives such notice of temporary suspension,
CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary
suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be
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relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of
this AGREEMENT by CONSULTANT, and the COUNTY may withhold any payments due to
CONSULTANT until such time as the exact amount of damages, if any, due to the COUNTY from
CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this
AGREEMENT. Upon termination, the COUNTY shall be entitled to all work, including but not limited to,
reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates
performed to that date, whether completed or not.
VII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that the AGREEMENT may have been
written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of
both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were
executed after that determination was made.
B. The AGREEMENT is subject to any additional restrictions, limitations, conditions, or any
legislation enacted by the Congress, State Legislature or the COUNTY Board of Supervisors that may
affect the provisions, terms, or funding of the AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, the AGREEMENT may
be amended to reflect any reduction in funds.
D. The COUNTY has the option to void the AGREEMENT under the 30-day cancellation
clause in Article VI, Section A, or to amend the AGREEMENT in accordance with Article VIII, Section A
by mutually acceptable modification of its provisions to reflect any reduction of funds.
VIII. CHANGE IN TERMS
A. The AGREEMENT may be amended or modified only by mutual written agreement of
both parties. Except as provided in Article IV, Section A, any such written amendment to the
AGREEMENT may be approved on the COUNTY’s behalf only by its Board of Supervisors.
B. The CONSULTANT shall only commence work covered by an amendment after the
amendment has been fully executed and written notification to proceed has been issued by the
CONTRACT ADMINISTRATOR.
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C. There shall be no change in CONSULTANT’s Project Manager or members of the
project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior
written approval by CONTRACT ADMINISTRATOR.
IX. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. The CONSULTANT must give consideration to Disadvantaged Business Enterprise
(hereinafter referred to as “DBE”) firms as specified in 23 Code of Federal Regulations (hereinafter
referred to as “CFR”) Section 172.5(b), and in 49 CFR, Part 26. The CONSULTANT must meet the
DBE goal established for PROJECTS by using DBEs as subconsultants or document a good faith effort
to have met the goal. If a DBE subconsultant is unable to perform, the CONSULTANT must make a
good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met.
B. The CONSULTANT is responsible for being fully informed regarding the requirements of
Title 49 CFR, Part 26 and CALTRANS’ Disadvantaged Business Enterprise program developed
pursuant to the regulations, as detailed in Exhibit C, Notice to Proposers DBE Information, attached
hereto and incorporated herein.
C. A DBE subconsultant may be terminated only with written approval by the COUNTY’S
CONTRACT ADMINISTRATOR and only for reasons specified in 49 CFR Section 26.53(f). Prior to
requesting the CONTRACT ADMINISTRATOR’S consent for the proposed termination, the
CONSULTANT must meet the procedural requirements specified in 49 CFR Section 26.53(f). If a DBE
subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her
with another DBE subconsultant, if the goal is not otherwise met.
X. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and
Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2
CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined
by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to
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repayment by the CONSULTANT to the COUNTY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of
Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards shall apply.
XI. COVENANT AGAINST CONTINGENT FEES
CONSULTANT warrants, by execution of the AGREEMENT, that the CONSULTANT has not
employed or retained any company or person, other than a bona fide employee working for the
CONSULTANT; to solicit or secure the AGREEMENT; and that CONSULTANT has not paid or agreed
to pay any company or person other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation
of the AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right to
annul the AGREEMENT without liability, and to pay only for the value of the work actually performed by
the CONSULTANT, or alternatively in the COUNTY’s discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such any such commission, percentage,
brokerage fee, gift, contingent fee or similar form of consideration previously paid by the
CONSULTANT.
XII. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT,
Subconsultants, and the COUNTY shall maintain all books, documents, papers, accounting records,
Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the
performance of the AGREEMENT including, but not limited to, the costs of administering the
AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such
workpapers and materials available at their respective offices at all reasonable times during the
AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.
The COUNTY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal
government having jurisdiction under Federal laws or regulations (including the basis of Federal funding
in whole or in part) shall have access to any books, records, and documents of the CONSULTANT,
Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for
audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be
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furnished if requested without limitation.
XIII. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of the
AGREEMENT that is not disposed of by agreement between the parties, shall be reviewed by the
COUNTY’s Auditor/Controller/Treasurer/Tax-Collector.
B. Not later than thirty (30) calendar days after issuance of the final audit report, the
CONSULTANT may request a review by the COUNTY’s Auditor/Controller/Treasurer/Tax-Collector of
unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by the COUNTY will excuse the
CONSULTANT from full and timely performance, in accordance with the terms of the AGREEMENT.
D. CONSULTANT and subconsultant agreements, including cost proposals and Indirect
Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT
audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit
or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be
reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the
instances of a CPA ICR audit work paper review, it is CONSULTANT’s responsibility to ensure federal,
the COUNTY, or local government officials are allowed full access to the CPA’s work papers including
making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by
CONSULTANT and approved by the COUNTY’S CONTRACT ADMINISTRATOR, to conform to the
audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the
audit report shall be incorporated into the AGREEMENT by this reference, if directed by the COUNTY
in its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to
ensure that the federal, COUNTY or local governments have access to CPA work papers, will be
considered a breach of AGREEMENT terms and cause for termination of this AGREEMENT and
disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review
and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion,
may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be
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adjusted by the CONSULTANT and approved by the COUNTY’S CONTRACT ADMINISTRATOR to
conform to the Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work
Paper Review recommendations included in the management letter or audit recommendations included
in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of
this AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s
independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that
arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a
timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant
approval letter, the COUNTY will reimburse the CONSULTANT at an accepted ICR until a FAR
(Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted
Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures
and guidelines of the American Association of State Highways and Transportation Officials (AASHTO)
Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the
accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two
hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the
accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require
CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3)
months of the effective date of the management letter. IOAI will then have up to six (6) months to
review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still
unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted,
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overhead cost reimbursement will be limited to the accepted ICR that was established upon initial
rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this
accepted ICR will become the actual and final ICR for reimbursement purposes under this
AGREEMENT.
4. CONSULTANT may submit to the COUNTY its final invoice only when all of the following
items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR;
(2) all work under this AGREEMENT has been completed to the satisfaction of the COUNTY; and, (3)
IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO
THE COUNTY no later than sixty (60) calendar days after occurrence of the last of these items. The
accepted ICR will apply to this AGREEMENT and all other agreements executed between the
COUNTY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
XIV. SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relationship
between the COUNTY and any Subconsultants, and no subcontract between the CONSULTANT and
any Subconsultant shall relieve the CONSULTANT of any of its responsibilities and obligations
hereunder. The CONSULTANT agrees to be as fully responsible to the COUNTY for the acts and
omissions of its Subconsultants and of persons either directly or indirectly employed by any of its
Subconsultants, as it is for the acts and omissions of persons directly employed by the CONSULTANT.
The CONSULTANT's obligation to pay its Subconsultants is an entirely independent obligation from the
COUNTY’S obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own
organization and no portion of the work encompassed by this AGREEMENT shall be subcontracted
without advance written authorization by the COUNTY’S CONTRACT ADMINISTRATOR, except that
which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subcontract entered into by CONSULTANT as a result of this AGREEMENT, shall contain
all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless
otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of
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each payment made to the CONSULTANT by the COUNTY.
E. Any substitution of Subconsultants must be approved in writing by the COUNTY’S CONTRACT
ADMINISTRATOR in advance of assigning work to a substitute Subconsultant.
XV. ERRORS OR OMISSIONS CLAIMS AND DISPUTES
A. Definitions:
1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
professional services, acting as a business entity (owner, partnership, corporation, joint venture or other
business association) in accordance with the terms of an agreement with the COUNTY.
2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of contract terms, payment of money, extension of time, change
orders, or other relief with respect to the terms of the contract. The term "Claim" also includes other
disputes and matters in question between the COUNTY and the CONSULTANT arising out of or
relating to the contract. Claims must be made by written notice. The provisions of Government Code
Section 901, et seq., shall apply to every claim made to the COUNTY. The responsibility to
substantiate claims shall rest with the party making the claim. The term "Claim" also includes any
allegation of an error or omission by the CONSULTANT.
B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the following
procedures are established in the event of any claim or dispute alleging a negligent error, act, or
omission, of the CONSULTANT.
1. Claims, disputes or other matters in question between the parties, arising out of
or relating to the AGREEMENT, shall not be subject to arbitration, but shall be subject to the following
procedures.
2. The COUNTY and the CONSULTANT shall meet and confer and attempt to
reach agreement on any dispute, including what damages have occurred, the measure of damages and
what proportion of damages, if any, shall be paid by either party. The parties agree to consult and
consider the use of mediation or other form of dispute resolution prior to resorting to litigation.
3. If the COUNTY and the CONSULTANT cannot reach agreement under Section
B, Paragraph 2 of this Article XV, the disputed issues may, upon concurrence by all parties, be
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submitted to a panel of three (3) for a recommended resolution. The CONSULTANT and the COUNTY
shall each select one (1) member of the panel, and the third member shall be selected by the other two
panel members. The discovery rights provided by California Code of Civil Procedure for civil
proceedings shall be available and enforceable to resolve the disputed issues. Either party requesting
this dispute resolution process shall, when invoking the rights to this panel, give to the other party a
notice describing the claims, disputes and other matters in question. Prior to twenty (20) working days
before the initial meeting of the panel, both parties shall submit all documents such party intends to rely
upon to resolve such dispute. If it is determined by the panel that any party has relied on such
documentation, but has failed to previously submit such documentation on a timely basis to the other
party, the other party shall be entitled to a 20-working-day continuance of such initial meeting of the
panel. The decision by the panel is not a condition precedent to arbitration, mediation or litigation.
4. Upon receipt of the panel's recommended resolution of the disputed issue(s), the
COUNTY and the CONSULTANT shall again meet and confer and attempt to reach agreement. If the
parties still are unable to reach agreement, each party shall have recourse to all appropriate legal and
equitable remedies.
C. The procedures to be followed in the resolution of claims and disputes may be modified
any time by mutual agreement of the parties hereto.
D. The CONSULTANT shall continue to perform its obligations under the AGREEMENT
pending resolution of any dispute, and the COUNTY shall continue to make payments of all undisputed
amounts due under the AGREEMENT.
E. When a claim by either party has been made alleging the CONSULTANT’S negligent
error, act, or omission, the COUNTY and the CONSULTANT shall meet and confer within twenty-one
(21) working days after the written notice of the claim has been provided.
XVI. EQUIPMENT PURCHASE
A. Prior authorization in writing, by the COUNTY’S CONTRACT ADMINISTRATOR shall be
required before the CONSULTANT enters into any unbudgeted purchase order, or subcontract
exceeding $5,000 for supplies, equipment, or services. The CONSULTANT shall provide an evaluation
of the necessity or desirability of incurring such costs.
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B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s
approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by the
COUNTY’S Contract Administrator, three competitive quotations must be submitted with the request, or
the absence of bidding must be adequately justified.
C. Any authorized purchase of equipment as a result of the AGREEMENT is subject to the
following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost
of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold
or traded in, the COUNTY shall receive a proper refund or credit at the conclusion of the AGREEMENT,
or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit the
COUNTY in an amount equal to its fair market value, or sell such equipment at the best price
obtainable at a public or private sale, in accordance with established COUNTY procedures; and credit
the COUNTY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment,
fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually
agreeable to by the COUNTY and CONSULTANT, if it is determined to sell the equipment, the terms
and conditions of such sale must be approved in advance by the COUNTY.
2. Federal regulations (2 CFR Part 200) require a credit to Federal funds when
participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited
to the project.
XVII. INSPECTION OF WORK
The CONSULTANT and any Subconsultant shall permit the COUNTY, the state, and/or the
Federal Highway Administration, to review and inspect the PROJECT activities and files at all
reasonable times during the performance period of the AGREEMENT including review and inspection
on a daily basis.
XVIII. SAFETY
A. The CONSULTANT shall comply with Occupational Safety and Health Administration
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(OSHA) regulations applicable to CONSULTANT regarding necessary safety equipment or procedures.
CONSULTANT shall comply with safety instructions issued by COUNTY Safety Officer and other
COUNTY representatives. The CONSULTANT personnel shall wear hard hats and safety vests at all
times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code 591, the COUNTY has determined
that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and
the protection of the traveling public from injury and damage from such vehicles.
XIX. INSURANCE
A. Without limiting the COUNTY’S right to obtain indemnification from the CONSULTANT
or any third parties, the CONSULTANT, at its sole expense, shall maintain in full force and effect, the
following insurance policies prior to commencement of any work for the COUNTY and, thereafter,
throughout the entire term of the AGREEMENT (with the exception of Professional Liability Insurance,
which the CONSULTANT shall maintain in full force and effect for the additional period of time required
by Section A, Paragraph 4, Subparagraph b of this Article XVIII).
1. Commercial General Liability Insurance with limits not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of not less than Two Million Dollars
($2,000,000). This policy shall be issued on a per occurrence basis. The COUNTY may require
specific coverages including completed operations, products liability, contractual liability, Explosion-
Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of
the nature of the AGREEMENT.
2. Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage
should include any auto used in connection with this Agreement.
3. Worker's Compensation insurance policy as required by the California Labor
Code.
4. Professional Liability Insurance:
a. If the CONSULTANT employs licensed professional staff in providing
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services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000) per claim,
Three Million Dollars ($3,000,000) annual aggregate.
b. The Professional Liability Insurance shall be kept in full force and effect
for a period of five (5) years from the date of substantial completion of the CONSULTANT’S work as
determined by the COUNTY.
c. The CONSULTANT shall obtain endorsements to the Commercial
General Liability insurance naming the COUNTY, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under the AGREEMENT are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under the CONSULTANT’S policies herein.
The CONSULTANT shall give the COUNTY at least thirty (30) days advance written notice of any
cancellation, expiration, reduction or other material change in coverage with respect to any of the
aforesaid policies.
d. Prior to commencing any such work under the AGREEMENT, the
CONSULTANT shall provide to the COUNTY certificates of insurance and endorsements for all of the
required policies as specified above, stating that all such insurance coverage has been obtained and is
in full force; that the COUNTY, its officers, agents and employees will not be responsible for any
premiums on the policies; that such Commercial General Liability insurance names the COUNTY, its
officers, agents and employees, individually and collectively, as additional insured, but only insofar as
the operations under the AGREEMENT are concerned; that such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, its
officers, agents and employees, shall be excess only and not contributing with insurance provided
under the CONSULTANT’S policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to the COUNTY. All certificates
shall clearly indicate the COUNTY’S identifying Contract Number for the AGREEMENT, and the
certificates shall be sent to the attention of the CONTRACT ADMINISTRATOR.
e. In the event the CONSULTANT fails to keep in effect at all times
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insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have,
suspend or terminate the AGREEMENT upon the occurrence of such event.
f. All policies shall be issued by admitted insurers licensed to do business in
the State of California, and all such insurance shall be purchased from companies possessing a current
A.M. Best, Inc. rating of A and FSC VII or better.
XX. HOLD HARMLESS
A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY, its
officers, agents, and employees, against the payment of any and all costs and expenses (including
reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily and
personal injury to or death of any person or for loss of any property resulting from or arising out of any
negligent or wrongful acts, errors or omissions of the CONSULTANT, its officers, agents, and
employees, in performing or failing to perform any work, services, or functions under the AGREEMENT.
B. The COUNTY and the CONSULTANT hereby declare their mutual intent to
cooperate in the defense of any claim, suit, or other action alleging liability, arising from the negligent
performance or failure to perform of any construction contractor or subcontractor involved in the
construction of the COUNTY’S PROJECT. Such cooperation may include an agreement to prepare
and present a cooperative defense after consultation with the CONSULTANT’S professional liability
insurance carrier.
XXI. OWNERSHIP OF DATA
A. All documents, including preliminary documents, calculations, and survey data, required
in performing services under the AGREEMENT shall be submitted to, and shall remain at all times the
property of the COUNTY regardless of whether they are in the possession of the CONSULTANT or any
other person, firm, corporation or agency.
B. The CONSULTANT understands and agrees the COUNTY shall retain full ownership
rights of the drawings and work product of the CONSULTANT for the PROJECT, to the fullest extent
permitted by law. In this regard, the CONSULTANT acknowledges and agrees the CONSULTANT’S
services are on behalf of the COUNTY and are “works made for hire,” as that term is defined in
copyright law, by the COUNTY; that the drawings and work product to be prepared by the
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CONSULTANT are for the sole and exclusive use of the COUNTY, and that the COUNTY shall be the
sole owner of all patents, copyrights, trademarks, trade secrets and other rights and contractual
interests in connection therewith which are developed and compensated solely under the
AGREEMENT; that all the rights, title and interest in and to the drawings and work product will be
transferred to the COUNTY by the CONSULTANT to the extent the CONSULTANT has an interest in
and authority to convey such rights; and the CONSULTANT will assist the COUNTY to obtain and
enforce patents, copyrights, trademarks, trade secrets, and other rights and contractual interests
relating to said drawings and work product, free and clear of any claim by the CONSULTANT or anyone
claiming any right through the CONSULTANT. The CONSULTANT further acknowledges and agrees
the COUNTY’s ownership rights in such drawings or work product, shall apply regardless of whether
such drawings or work product, or any copies thereof, are in possession of the CONSULTANT, or any
other person, firm, corporation, or entity. For purposes of the AGREEMENT the terms “drawings and
work product” shall mean all reports and study findings commissioned to develop the PROJECT
design, drawings and schematic or preliminary design documents, certified reproducibles of the original
final construction contract drawings, specifications, the approved estimate, record drawings, as-built
plans, and discoveries, developments, designs, improvement, inventions, formulas, processes,
techniques, or specific know-how and data generated or conceived or reduced to practice or learning
by the CONSULTANT, either alone or jointly with others, that result from the Tasks assigned to the
CONSULTANT by the COUNTY under this AGREEMENT.
C. If the AGREEMENT is terminated during or at the completion of any phase of the
PROJECT under Article III, a reproducible copy of report(s) or preliminary documents shall be
submitted by the CONSULTANT to the COUNTY, which may use them to complete the PROJECT(S)
at a future time.
D. Documents, including drawings and specifications, prepared by the CONSULTANT
pursuant to the AGREEMENT are intended to be suitable for reuse by the COUNTY or others on
extensions of the services provided for PROJECT. Any use of completed documents for projects other
than PROJECT(S) and/or any use of uncompleted documents will be at the COUNTY’s sole risk and
without liability or legal exposure to the CONSULTANT.
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The electronic files provided by the CONSULTANT to the COUNTY are submitted for an
acceptance period lasting until the expiration of the AGREEMENT (i.e., throughout the duration of the
contract term, including any extensions). Any defects the COUNTY discovers during such acceptance
period will be reported to the CONSULTANT and will be corrected as part of the CONSULTANT’S
“Basic Scope of Work.”
E. The CONSULTANT shall not be liable for claims, liabilities or losses arising out of, or
connected with (1) the modification or misuse by the COUNTY or anyone authorized by the COUNTY,
of such CAD data, or (2) decline of accuracy or readability of CAD data due to inappropriate storage
conditions or duration; or (3) any use by the COUNTY, or anyone authorized by the COUNTY, of such
CAD data or other PROJECT documentation for additions to the PROJECT for the completion of the
PROJECT by others, or for other projects; except to the extent that said use may be expressly
authorized, in writing, by the CONSULTANT.
F. The COUNTY, in the discretion of its Board of Supervisors, may permit the copyrighting
of reports or other products of the AGREEMENT; and provided further, that if copyrights are permitted;
the CONSULTANT hereby agrees and the AGREEMENT shall be deemed to provide that the Federal
Highway Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce,
publish, or otherwise use, and to authorize others to use, the work for government purposes.
XXII. CLAIMS FILED BY THE COUNTY’S CONSTRUCTION CONTRACTOR
A. If claims are filed by the COUNTY’s construction contractor relating to work performed
by the CONSULTANT’S personnel, and additional information or assistance from the CONSULTANT’S
personnel is required in order to evaluate or defend against such claims, then the CONSULTANT
hereby agrees in such event to make its personnel available for consultation with the COUNTY’s
construction contract administration and legal staff and for testimony, if necessary, at depositions and
at trial or arbitration proceedings.
B. The CONSULTANT’S personnel that the COUNTY considers essential to assist in
defending against the construction contractor’s claims will be made available on reasonable notice from
the DIRECTOR. Consultation or testimony will be reimbursed at the same rates, including travel costs
that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
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C. Services of the CONSULTANT’S personnel in connection with consultation or testimony
for this purpose will be performed pursuant to a written contract amendment, if determined by the
parties to be necessary or appropriate.
XXIII. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to the
COUNTY’s operations, which are designated confidential by the COUNTY and made available to the
CONSULTANT in order to carry out the AGREEMENT, shall be protected by the CONSULTANT from
unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the
COUNTY relating to the contract, shall not authorize the CONSULTANT to further disclose such
information, or disseminate the same on any other occasion.
C. The CONSULTANT shall not comment publicly to the press or any other media
regarding the AGREEMENT or the COUNTY’s actions on the same, except to COUNTY staff, the
CONSULTANT’S own personnel involved in the performance of the AGREEMENT, at public hearings
or in response to questions from a Legislative committee.
D. The CONSULTANT shall not issue any news release or public relations item of any
nature, whatsoever, regarding work performed or to be performed under the AGREEMENT without
prior review of the contents thereof by the COUNTY, and receipt of the COUNTY’s written permission.
XXIV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, the CONSULTANT hereby states
under penalty of perjury that no more than one final unappealable finding of contempt of court by a
federal court has been issued against the CONSULTANT within the immediately preceding two-year
period, because of the CONSULTANT’S failure to comply with an order of a federal court that orders
the CONSULTANT to comply with an order of the National Labor Relations Board.
XXV. NO RETAINAGE OF FUNDS
No retainage will be withheld by the COUNTY from progress payments due the
CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no
retainage will be held by the CONSULTANT from progress payments due to its subconsultants.
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Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the
penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business
and Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant
in the event of a dispute involving late payment or nonpayment by the prime consultant or
deficient subconsultant performance, or noncompliance by a subconsultant. This provision
applies to both DBE and non-DBE CONSULTANTS and subconsultants.
XXVI. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION
A. The CONSULTANT’S signature affixed herein, and dated, shall constitute a certification
under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless
exempt, complied with, the nondiscrimination program requirements of Government Code Section
12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this AGREEMENT, CONSULTANT shall not deny the
AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status,
nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant
for employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or military and veteran status. CONSULTANT shall insure
that the evaluation and treatment of their employees and applicants for employment are free from such
discrimination and harassment.
C. CONSULTANT shall comply with the provisions of the Fair Employment and Housing
Act (California Government Code Section 12990 et seq.), the applicable regulations promulgated there
under (2 CCR Section11000 et seq.), the provisions of California Government Code Sections 11135-
11139.5, and the regulations or standards adopted by the COUNTY to implement such article. The
applicable regulations of the Fair Employment and Housing Commission implementing California
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Government Code Section 12990 (a-f), set forth 2 CCR Sections 8100-8504, are incorporated into this
AGREEMENT by reference and made a part hereof as though fully set forth herein.
D. CONSULTANT shall permit access by representatives of the Department of Fair
Employment and Housing and the COUNTY upon reasonable notice at any time during the normal
business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records,
accounts, and all other sources of information and its facilities as said Department or the COUNTY
shall require to ascertain compliance with this clause.
E. CONSULTANT and its Subconsultants shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall
act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.). Title VI
provides that the recipients of federal assistance will implement and maintain a policy of
nondiscrimination in which no person in the United States shall, on the basis of race, color, national
origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to
discrimination under any program or activity by the recipients of federal assistance or their assignees
and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in
federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of
Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either
directly or indirectly in the discrimination prohibited by 49 CFR Section 21.5, including employment
practices.
I. The CONSULTANT shall abide by Appendix E of Title VI Assurances, attached as
Exhibit K to this AGREEMENT.
XXVII. DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’S signature affixed herein, shall constitute a certification under
penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with
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Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies
that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or
manager, is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or
determined ineligible by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it
by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past
three (3) years. Any exceptions to this certification must be disclosed to the COUNTY on Exhibit G.
B. Any exceptions to this certification must be disclosed to COUNTY. Exceptions will not
necessarily result in denial of recommendation for award, but will be considered in determining
CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency,
and dates of action.
C. Exceptions to the Federal Government Excluded Parties Listing System maintained by
the U.S. General Services Administration are to be determined by the Federal Highway Administration.
XXVIII. STATE PREVAILING WAGE RATES
A. No CONSULTANT may be awarded an AGREEMENT containing public work elements
unless registered with the California Department of Industrial Relations (DIR) pursuant to Labor Code
Section 1725.5. Registration with DIR must be maintained throughout the entire term of this
AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California
Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate
Determinations applicable to work under this AGREEMENT are available and on file with the
Department of Transportation's Regional/District Labor Compliance Officer
(https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part
of this AGREEMENT by this reference pursuant to Labor Code Section 1773.2 and will be applicable to
work performed at any construction site for the PROJECT. Prevailing wages will be applicable to all
inspection work performed at COUNTY construction sites, at COUNTY facilities and at off-site locations
that are set up by the construction contractor or one of its subcontractors solely and specifically to
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serve the COUNTY’S PROJECT. Prevailing wage requirements do not apply to inspection work
performed at the facilities of vendors and commercial materials suppliers that provide goods and
services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be
obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.
D Payroll Records
1. Each CONSULTANT shall keep accurate certified payroll records and supporting
documents as mandated by Labor Code Section 1776 and as defined in 8 CCR Section 16000 showing
the name, address, social security number, work classification, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or
other employee employed by the CONSULTANT in connection with the public work. Each payroll
record shall contain or be verified by a written declaration that it is made under penalty of perjury,
stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code Section
1771, Section 1811, and Section 1815 for any work performed by his or her employees on the public
works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as
correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting
documents shall be made available for inspection and copying by the COUNTY’s representative at all
reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies
of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available
for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above,
shall be made available for inspection or furnished upon request to a representative of the COUNTY,
the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations. Certified payrolls submitted to the COUNTY, the Division of Labor
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Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated
by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the
CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the
COUNTY’S CONTRACT ADMINISTRATOR by both email and regular mail on the business day
following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in
paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt
of a written request.
4. Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency by the COUNTY shall be marked or obliterated in such a
manner as to prevent disclosure of each individual's name, address, and social security number. The
name and address of the CONSULTANT performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform the COUNTY of the location of the records
enumerated under paragraph (1) above, including the street address, city and the COUNTY, and shall,
within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT shall have ten (10) calendar days in which to comply
subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In
the event the CONSULTANT fails to comply within the ten (10) day period, he or she shall, as a penalty
to the COUNTY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each
worker, until strict compliance is effectuated. Such penalties shall be withheld by the COUNTY from
payments then due.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying
compliance with certified payroll requirements. Invoice payment will not be made until the invoice is
approved by the COUNTY’S CONTRACT ADMINISTRATOR.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code
§1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall
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forfeit to the COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR
for the work or craft in which the worker is employed for any public work done under the AGREEMENT
by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in
particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and
shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT in failing to
pay the correct rate of prevailing wages, or the previous record of the CONSULTANT in meeting their
respective prevailing wage obligations, or the willful failure by the CONSULTANT to pay the correct
rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of
prevailing wages is not excusable if the CONSULTANT had knowledge of the obligations under the
Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any
escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference
between the prevailing wage rates and the amount paid to each worker for each calendar day or portion
thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker
by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the
general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not
liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure
of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime
CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the
Subconsultant for the performance of work on public works projects shall include a copy of the
requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general
prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the
certified payroll records of the Subconsultant.
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c. Upon becoming aware of the Subconsultant’s failure to pay the specified
prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take
corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due
the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on
the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury
from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per
diem wages to the Subconsultant’s employees on the public works project and any amounts due
pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, the COUNTY shall notify the CONSULTANT on
a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant
has failed to pay workers the general prevailing rate of per diem wages.
6. If the COUNTY determines that employees of a Subconsultant were not paid the
general prevailing rate of per diem wages and if the COUNTY did not retain sufficient money under the
AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of
per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant
sufficient to pay those employees the general prevailing rate of per diem wages if requested by the
COUNTY.
G. Hours of Labor
Eight (8) hours of labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a
penalty to the COUNTY, twenty-five dollars ($25) for each worker employed in the execution of the
AGREEMENT by the CONSULTANT for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one
calendar week in violation of the provisions of the Labor Code, and in particular Sections 1810 to 1815
thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and
forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half
(1.5) times the basic rate of pay, as provided in Section 1815.
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H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subcontract with a Subconsultant
exceeds thirty thousand dollars ($30,000), the CONSULTANT and any Subconsultants under him or
her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the
employment of apprentices.
2. The CONSULTANT and its Subconsultants are required to comply with all Labor
Code requirements regarding the employment of apprentices, including mandatory ratios of journey
level to apprentice workers. Prior to commencement of work, the CONSULTANT and subconsultants
are advised to contact the DIR Division of Apprenticeship Standards website at
https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for
the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is
responsible for all subconsultants’ compliance with these requirements. Penalties are specified in
Labor Code §1777.7.
XXIX. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial,
business, or other relationship with the COUNTY that may have an impact upon the outcome of this
AGREEMENT or any ensuing COUNTY construction project. The CONSULTANT shall also list current
clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing
COUNTY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to the COUNTY any actual, apparent, or
potential conflicts of interest that may exist relative to the services to be provided pursuant to this
AGREEMENT. CONSULTANT agrees to advise the COUNTY of any actual, apparent or potential
conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT.
CONSULTANT further agrees to complete any statements of economic interest if required by either
COUNTY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any
financial or business interest that would conflict with the performance of services under this
AGREEMENT.
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D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any
firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any
Agreement to provide construction inspection for any construction project resulting from this
AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An
affiliated firm is one, which is subject to the control of the same persons, through joint ownership or
otherwise.
XXX. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT was not obtained or secured through
rebates kickbacks or other unlawful consideration, either promised or paid to any COUNTY employee.
For breach or violation of this warranty, the COUNTY shall have the right, in its discretion, to do any of
the following: terminate the AGREEMENT without liability; or to pay only for the value of the work
actually performed; or to deduct from the AGREEMENT price, or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
XXXI. PROHIBITION OF EXPENDING THE COUNTY, STATE OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT shall sign the lobbying forms, attached hereto and incorporated
herein as Exhibit I, as required by the instructions found on each form.
B. The CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or COUNTY appropriated funds have been paid, or will be paid
by or on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer
or employee of any state or federal agency; a Member of the State Legislature or United States
Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the
Legislature or Congress, in connection with any of the following:
a. the awarding of any state or federal contract;
b. the making of any state or federal grant;
c. the making of any state or federal loan;
d. the entering into of any cooperative agreement, or
e. the extension, continuation, renewal, amendment, or modification of any
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state or federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid, or will be
paid to any person for influencing or attempting to influence an officer or employee of any federal
agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of
Congress; in connection with this federal contract, grant, loan, or cooperative agreement, then the
CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,”
in accordance with its instructions.
C. The certification required by the provisions of this Article is a material representation of
fact upon which reliance was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this transaction imposed by Title 31, U.S.
Code Section 1352. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
D. The CONSULTANT also agrees by signing this document that he or she shall require
that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
XXXII. INDEPENDENT CONTRACTOR
A. In performance of the work, duties and obligations assumed by the CONSULTANT under
the AGREEMENT, it is mutually understood and agreed that the CONSULTANT, including any and all of
the CONSULTANT’S officers, agents, and employees will at all times be acting and performing as an
independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venturer, partner, or associate of the COUNTY. Furthermore, the COUNTY shall have no
right to control or supervise or direct the manner or method by which the CONSULTANT shall perform its
work and function. However, the COUNTY shall retain the right to administer the AGREEMENT so as to
verify that the CONSULTANT is performing its obligations in accordance with the terms and conditions
thereof.
B. The CONSULTANT and the COUNTY shall comply with all applicable provisions of law and
the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
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C. Because of its status as an independent contractor, the CONSULTANT shall have
absolutely no right to employment rights and benefits available to the COUNTY employees. the
CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its employees all
legally-required employee benefits. In addition, the CONSULTANT shall be solely responsible and save
the COUNTY harmless from all matters relating to payment of the CONSULTANT’S employees, including
compliance with Social Security withholding and all other regulations governing such matters. It is
acknowledged that during the term of the AGREEMENT, the CONSULTANT may be providing services to
others unrelated to the COUNTY or to the AGREEMENT.
XXXIII. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONSULTANT is operating as a corporation (a for-profit
or non-profit corporation) or if during the term of the AGREEMENT, the CONSULTANT changes its
status to operate as a corporation. Members of the CONSULTANT’S Board of Directors shall disclose
any self-dealing transactions that they are a party to while the CONSULTANT is providing goods or
performing services under the AGREEMENT. A self-dealing transaction shall mean a transaction to
which the CONSULTANT is a party and in which one or more of its directors has a material financial
interest. Members of the Board of Directors shall disclose any self-dealing transactions to which they
are a party, by completing and signing a Self-Dealing Transaction Disclosure Form, attached hereto as
Exhibit J, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
XXXIV. NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of the
AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid, and addressed to the COUNTY’S CONTRACT
ADMINISTRATOR and the CONSULTANT’S Project Manager identified on Pages 1 and 2 of this
AGREEMENT.
XXXV. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract the AGREEMENT or any of its respective
rights or duties hereunder, without the prior written consent of the other party.
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XXXVI. CONSULTANT’S LEGAL AUTHORITY
Each individual executing or attesting the AGREEMENT on behalf of the CONSULTANT hereby
covenants, warrants, and represents: (i) that he or she is duly authorized by or in accordance with the
CONSULTANT’S corporate by-laws to execute or attest and deliver the AGREEMENT on behalf of the
CONSULTANT; and (ii) that the AGREEMENT, once he or she has executed it, is and shall be binding
upon such Corporation.
XXXVII. BINDING UPON SUCCESSORS
The AGREEMENT shall be binding upon and inure to the benefit of the parties and their
respective successors in interest, assigns, legal representatives, and heirs.
XXXVIII. INCONSISTENCIES
In the event of any inconsistency in interpreting the documents which constitute the
AGREEMENT, the inconsistency shall be resolved by giving precedence in the following order of
priority: (1) the text of the AGREEMENT (excluding Appendices); (2) Appendices to the AGREEMENT.
XXXIX. SEVERABILITY
Should any part of the AGREEMENT be determined to be invalid or unenforceable, then the
AGREEMENT shall be construed as not containing such provision, and all other provisions which are
otherwise lawful shall remain in full force and effect, and to this end the provisions of the AGREEMENT
are hereby declared to be severable.
XXXX. FINAL AGREEMENT
Both of the above-named parties to the AGREEMENT hereby expressly agree that the
AGREEMENT constitutes the entire agreement between the two parties with respect to the subject
matter hereof and supersedes all previous negotiations, proposals, commitments, writing,
advertisements, publications, and understandings of any nature whatsoever unless expressly included
in the AGREEMENT. In consideration of promises, covenants and conditions contained in the
AGREEMENT, the CONSULTANT and the COUNTY, and each of them, do hereby agree to diligently
perform in accordance with the terms and conditions of the AGREEMENT, as evidenced by the
signatures below.
1 IN WITNESS WHEREOF , the parties have executed this Agreement on the date
2 set forth above .
3
AREA WEST ENVIRONMENTAL, INC.
4
5 ~~awiuD
By :. ___________ _
COUNTY OF FRESNO
6 Becky Rozumowicz-Kodsuntie , President
By E . ~~
Ernest Buddy Mendes
7 6248 Main Avenue , Suite #C
8 Orangevale, CA 95662
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FOR ACCOUNTING USE
17 ONLY Fund : 0010
Subclass : 11000
18 Org . No : 4510
Account: 7295
19 Project: G11115
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Chairman of the Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By: ~ . r J..L..J)
~ut;-U
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Staff
Name Classification/Title
Area West Environmental, Inc.
Becky Rozumowicz-Kodsuntie Principal
Tawatchai Kodsuntie Sr. Graphic Designer
Aimee Dour-Smith CEQA/NEPA Specialist
Cory Brinkman Planner II
Saraah Kantner Planner I
Mary Bailey Biologist III/Archaeologist III
Corinne Munger Biologist III
Sara Keeler Biologist III
Brian Williams Biologist II
Art Richardson Biologist I
Elise (Chaim) Rabbass Biologist I
Caroline Kim Biologist I
Mark Mummert Environmental Specialist I
James Loomis Water Quality Specialist
Matt Fremont Sr. GIS/AutoCAD Specialist
Joshua Patterson GIS/AutoCAD I
Gabriel Haro Public Outreach Technician
Ericka Hecox Project Accountant I
Christine Hinkley Project Accountant I
Milo Kovet Technician
Elizabeth Brown Technician
Mikhela Aiken Technician
Emily Drake Technician
Exhibit A
Subconsultants
Name Classification/Title
AMBIENT Air Quality & Noise Consulting
Kurt Legleiter Principal
Danny Luu Air Quality & Noise Analyst
Jon Pambakian Air Quality & Noise Analyst
Blackburn Consulting
Robert Lokteff, PE, GE Principal
David Morrell, PE, GE Senior Project Manager
Nicole Hart, PE Senior Project Manager
Robert Sandquist, PE Senior Project Manager
Laura Long Project Manager
Robert Pickard, PG, CEG Senior Engineer
Daniel Contreras, PE Senior Engineer
Luke Morrell, EIT Project Engineer
Matthew Kinney Project Engineer
Sergio Tostado, PE Project Engineer
Kevin De La Cruz Project Engineer
Mike Robertson Drafter/CAD
Lisa Ishizaki Assistant
Dustan Kliethermes Technician
Arthur Mills Technician
Jose Lopez Technician
Michael Chittenden Technician
Jacob Gregory Technician
Jesus Tostado Technician
Ernest Garcia Technician
Eric Quintana Technician
Earthview Science
MariaElena Conserva Sr. Paleontologist
Far Western Anthropological Research Group, Inc.
Adrian Whitaker Principal Investigator
Cassidy DeBaker Principal Investigator
David Hyde Principal Investigator
Jeff Rosenthal Principal Investigator
Jerome King Principal Investigator
Craig D. Young Principal Investigator
Brian Byrd Principal Investigator
Melinda Pacheco Patrick Principal Investigator
Eric Wohlgemuth Principal Investigator
Angela Younie Principal Investigator
Andrew Ugan Principal Investigator
Naomi Scher Geoarchaeologist
Jack Meyer Geoarchaeologist
Phil Kaijankoski Geoarchaeologist
Shannon DeArmond GIS Director
Nicole Stotz GIS Analyst
Andras Nagy GIS Analyst
Chelsea Karthauser GIS Analyst
Jill Bradeen GIS Analyst
Darla Rice GIS Analyst
Nicholas Kline GIS Analyst
Laura Harold Lab Director
Jill Eubanks Lab Assistant
Angela Armstrong-Ingram Lab Assistant
Exhibit B
Subconsultants
Name Classification/Title
Patricia Galindo Arias Lab Assistant
Rosario Torres Lab Assistant
Michael Pardee Production Supervisor
Kaely Colligan Data Manager
Jacqueline Kramm Production Specialist
Sorana Bucur Production Assistant
Kathleen Montgomery Production Assistant
Ashley Parker Senior Archaeologist
Kathleen Hanrahan Staff Archaeologist
Martijn Kuypers Staff Archaeologist
Stephen Lindley Staff Archaeologist
Mike Darcangelo Staff Archaeologist
Bridget Wall Staff Archaeologist
Christopher Parker Staff Archaeologist
Courtney Higgins Staff Archaeologist
Lucas Martindale Johnson Staff Archaeologist
Montserrat Osterlye Staff Archaeologist
Joshua McWaters Staff Archaeologist
Gina Caretti Staff Archaeologist
Devin Garvey Staff Archaeologist
Amanda Hartman Staff Archaeologist
Nick Longo Staff Archaeologist
Monique Sanchez Staff Archaeologist
Michele Maybee Staff Archaeologist
Leslie Hoefert Staff Archaeologist
Valarie Townsend Logistics Coordinator
Monica Chavez Asst Financial Analyst
Estrella Lopez Asst Financial Analyst
Nicole St. John Birney Operations Manager
Melissa Johnson Project Director
JRP Historical Consulting, LLC
Christopher McMorris Principal
Joseph Freeman Historian / Architectural Historian
Steven “Mel” Melvin Historian / Architectural Historian
Cheryl Brookshear Historian / Architectural Historian
Samuel Skow Historian / Architectural Historian
David Hickman Historian / Architectural Historian
Angela Rothman Research Assistant
MaryAnn McNamara Research Assistant
Rebecca Flores GIS / Graphics Technician
Kia Larson Contracts Manager
Erica Koontz Assistant Contracts Manager
Tallac Applied Ecology & Design, LLC
Sheri Brown Dion Senior Landscape Architect
Gerald Dion Plant Ecologist
Exhibit CLocal Assistance Procedures Manual
Attachment F
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: County of Fresno 2. Contract DBE Goal: 20%
3. Project Description: Environmental Services North Fork Bridge over the San Joaquin River
4. Project Location: _F_re_s_n_o_C_o_u_n_ty~--------------------------------------
5. Consultant's Name: Area West Environmental, Inc. 6. Prime Certified DBE: IKl 7. Total Contract Award Amount: $673 684.01
8. Total Dollar Amount for ALL Subconsultants: $170,781.09 9. Total Number of ALL Subconsultants: 6
10. Description of Work, Service, or Materials 11. DBE 13. DBE
Certification 12. DBE Contact Information Dollar Supplied Number Amount
Environmental and Biological Resources-NEPA and 32027 Area West Environmental, Inc.
CEQA technical studies and reports, permits, 6248 Main Street, Suite C, Orangevale, CA 95662 $502,902.92
surveys, monitoring 916-987-3362
Paleontology 45605 Earthview Science
5921 Fremont Street, Oakland, CA 94608 $11,827.20
pl0-384-2545
Local Agency to Complete this Section
20. Local Agency Contract $ 514,730.12
f\li1mhor· 14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number:
76 %
22. Contract Execution
n:atA ·
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.
~ ~owiU6
10/01/2020
23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date
Becky Rozumowicz-Kodsuntie (916) 987-3362
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 of2
July 23, 2015
Local Assistance Procedures Manual
Attachment F
Exhibit 10-02
Consultant Contract DBE Commitment
INSTRUCTIONS -CONSULTANT CONTRACT DBE COMMITMENT
CONSUL TANT 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.
Pagel of2
July 23, 2015
North Fork Bridge Environmental Services Work Plan Exhibit D
Area West Environmental, Inc. 1
North Fork Road Bridge over the San Joaquin River
Task 1 – Project Management
AWE’s approach to project management includes frequent communication with County staff via
email and telephone to keep staff abreast of progress on our work, environmental findings,
scheduling, and budget considerations. AWE will develop a detailed schedule and maintain and
update the schedule frequently. Monthly status reports, including schedule updates, will be
submitted to the County by the 15th of the month to document work completed during the last
month, work anticipated, budget status, and identify any potential issues related to budget and
schedule. Should changes in scope, schedule or cost be needed, AWE will provide the County
with the data necessary to support County requests to Caltrans to justify any cost, scope, or
schedule changes. The AWE project manager will oversee quality control, scheduling, adherence
to regulatory guidelines, costs, project administration, staff coordination, and billing.
A kick-off meeting will be held after the Notice to Proceed and will introduce the Project Team,
establish communication channels, confirm the project schedule, clarify the Scope of Work, and
define the roles and responsibilities of the various Team members. AWE will attend stakeholder
meetings, the 30%, 60%, 90%, and 100% constructability review meetings, public information
meetings, relevant Board of Supervisor meetings, and regulatory agency coordination meetings.
AWE will attend additional Project Development Team (PDT) meetings, as needed, to discuss
and update critical path schedule. PDT meetings are estimated to be held quarterly, during the
project design and environmental review phase. PDT meetings provide an opportunity for the
County to integrate the environmental and design engineering team, discuss progress and
reviews with Caltrans staff, confirm project roles with Madera County and other agencies with
discretionary authority on the project, and seek consensus on approach to environmental
mitigation.
Task 2 – Preliminary Environmental Study Form and Field Review
By completing a PES Form and conducting a Field Review with Caltrans District 6 Local
Assistance environmental staff, AWE will confirm the scope of technical studies needed,
determine the appropriate NEPA compliance document, verify the scope and approach for
technical studies with Caltrans staff, and develop a mutual understanding of the issues and
potential impacts of the Project. AWE will review existing information and databases, and
conduct a site review for the project. Working with County staff, AWE will complete a draft PES
Form. The PES form will thoroughly document responses to checklist questions per Caltrans
Local Assistance Procedures Manual, Chapter 6. AWE staff will attend a field review meeting
with Fresno and Madera County staff and Caltrans District 6 Local Assistance staff. Although
the County had a field review meeting with Caltrans staff, we recommend a field meeting with
Caltrans Local Assistance Environmental staff before signing the PES form. To endure there is a
thorough understanding of the project, a preliminary project description will be prepared for
discussion at this meeting, using information from the County and Cornerstone Engineering. At
the field review meeting, we will determine the APE for cultural resources investigations and the
Biological Study Area (BSA) for biological resource evaluations. After the field review, AWE
North Fork Bridge Detailed Work Plan
Area West Environmental, Inc. 2
North Fork Road Bridge over the San Joaquin River
will update/revise the PES form per Caltrans staff comments, as necessary. AWE will submit the
forms for approval (signature) to Caltrans. The final PES form will be the basis for developing
the required environmental technical studies leading to an approved environmental document.
Task 3 – Stakeholder and Resource Agency Outreach
AWE understands that community and agency buy-in is key to the long term success of any
capital improvement project. AWE communicates with the public early in the environmental
process for highly visible and potentially controversial projects. Approaching stakeholders early
allows community concerns to be addressed and incorporated into the appropriate technical
studies and can help define the project purpose and need. Our Project Manager and Public
Outreach Specialist will organize and facilitate up to three (3) stakeholder meetings to engage
stakeholders and the public; one stakeholder meeting will be completed during the environmental
document review period (see Task 5.2 below). Stakeholders include, but are not limited to, the
San Joaquin River Conservancy, U.S. Bureau of Reclamation, California Department of Parks
and Recreation (State Parks), and Friant community members. We will develop project fact
sheets, Microsoft PowerPoint presentations, exhibits, and other project materials to help the
public and stakeholders understand proposed improvements and their potential impacts. AWE
recommends public outreach at critical project phases, including alternatives development,
environmental document review, and project decision-making meetings where elected officials
approve a project.
AWE will conduct meetings with state and federal resource agency staff to discuss the project
design, environmental impacts, analysis methods, and recommended mitigation or compensation
measures. AWE will set up and lead the meetings. Ideally, one meeting at the site location with
representatives from USFWS, NMFS, USACE, Central Valley Regional Water Quality Control
Board (RWQCB), and CDFW would be sufficient; however, in our experience, it is not always
possible for all representatives to meet on the same day, so we recommend assuming up to three
(3) meetings to ensure all agency representatives have an opportunity to discuss the project. The
goal of these meetings is to receive input from the agencies and build consensus between agency
staff on required mitigation before submitting permit applications. AWE will document and
distribute the results of the meetings to all participants to ensure a common understanding of
agency staff recommendations and direction. AWE will provide the County with electronic
copies of all correspondence between AWE and other agencies or stakeholders throughout the
Project.
AWE will attend up to two (2) public hearings at the Board of Supervisors to present
environmental documents and related studies to the public and the decision-making board. One
of these Board of Supervisors meetings will be during the environmental document approval (see
Task 5.3 below).
Task 4 – Technical Studies
AWE approaches technical studies with proven knowledge of the right level of effort and an eye
for detail that saves time and resources by reducing the number of reviews by Caltrans for
approval and signature. Our approach assumes that the County will provide preliminary design
drawings and project description information for the technical studies. The AWE team will work
Area West Environmental, Inc. 3
North Fork Road Bridge over the San Joaquin River
with the County and Caltrans to identify and confirm key resource areas that require detailed
study. For the North Fork Road Bridge, biological resources and Endangered Species Act
compliance, as well as cultural resources and Section 106 of the NHPA compliance, are expected
to be critical path resource areas. AWE will conduct background research, facilitate agency
outreach, and use screening tools such as the PES form and CEQA environmental checklist to
determine resource areas of concern. The AWE team will prepare technical studies for key
resource areas to support impact conclusions in CEQA and NEPA documents and support permit
issuance. The Technical Studies described below are those studies that we anticipate will be
required; we have also included optional studies that may be needed depending on research
results and Caltrans approval of the PES form.
To make the maximum use of work completed by the Cornerstone Engineering team, AWE
would use and adapt technical studies and analyses prepared for the Preliminary Design Report
to support the environmental analysis. Specifically, our approach assumes that the following
studies would be made available to the AWE Team ahead of the NEPA/CEQA document
preparation:
Preliminary Geotechnical Report/Foundation Report
Floodplain Location Hydraulic Study/Summary Floodplain Encroachment Report.
Traffic handling plan for construction, including description of construction schedule,
traffic detours, one-way traffic control, and traffic handling features included in the
project plans.
Utility relocation information
For each technical study listed below, the AWE team will produce a draft report for County
review, a revised draft report for Caltrans review, and a final report for Caltrans signature.
Task 4.1 Natural Environment Study
The San Joaquin River at this location supports sensitive biological resources, including riparian
vegetation, anadromous fish (e.g., Chinook salmon), and other sensitive species and their critical
habitat. River flows at the bridge are regulated by discharges from Friant Dam, managed by the
U.S. Bureau of Reclamation. The San Joaquin fish hatchery, managed by CDFW, is less than
0.25 mile downstream from the bridge. AWE has identified completion of the NES as a critical
path study for this project. Our approach assumes that the County shall obtain and provide all
necessary permissions to enter for field surveys.
AWE will conduct a field survey and gather existing pertinent information regarding the project
site. AWE will determine a BSA, which is anticipated to encompass the boundaries of the bridge
work and all associated staging areas, plus an approximately 250-foot buffer for special-status
plants and wildlife species that may be directly or indirectly affected by the project during and
after construction. Pre-field research will include review of the CDFW’s California Natural
Diversity Database (CNDDB); species lists from the USFWS, NMFS, and California Native
Plant Society (CNPS); and biological studies and documents prepared in the project vicinity.
Field surveys of the BSA will characterize vegetation communities, identify and map potential
waters of the U.S, including wetlands, map suitable habitat for special-status plant and wildlife
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Area West Environmental, Inc. 4
North Fork Road Bridge over the San Joaquin River
species, and identify and inventory trees within the project footprint (i.e., within the area of
direct impact) to be removed during construction. Based on a review of the CNDDB, special-
status wildlife species in the project area may include but are not limited to:
California tiger salamander (Ambystoma californiense),
Vernal pool fairy shrimp (Branchinecta lynchi),
Valley elderberry longhorn beetle (Desmocerus californicus dimorphus)
San Joaquin kit fox (Vulpes macrotis mutica),
California Central Valley steelhead (Oncorhynchus mykiss),
Chinook salmon (Oncorhynchus tshawytscha),
a variety of migratory birds and roosting bats.
Additionally, many special-status plant species have potential to occur near the bridge, including
the federally listed fleshy owl’s clover (Castilleja campestris ssp. succulenta). An AWE botanist
will conduct botanical surveys per CNPS, CDFW, and USFWS protocols. It is anticipated that
two botanical surveys will be required to cover the identification periods of all special-status
plants with potential to occur in the project vicinity, one in April and one in July. If the NES
must be prepared before these seasonal surveys are complete, AWE will complete an assessment
of habitat suitability for potential plant species and, submit the NES. Then after conducting the
follow-up bloom period surveys, AWE would prepare a brief memo describing our findings for
submission to Caltrans as an addendum to the NES. Additionally, during the field surveys, the
botanist will identify any noxious weed infestations in the Project area.
AWE biologists will also complete a tree inventory within the project footprint (i.e., those trees
that would be removed or trimmed). Our biologist will tag trees over 4-inches in diameter
(measure at diameter at breast height [DBH]), measure their size, and identify them to species.
Although a formal arborist report would not be completed, the results of the tree inventory will
be incorporated into the NES and inform the mitigation measures, restoration planning, and
Streambed Alteration Agreement (SAA) application.
AWE will prepare the NES following the template provided on Caltrans' SER website, dated
November 2, 2018, or as amended prior to commencing the NES. The NES will reach a
conclusion about the effects on federally listed species using USFWS/NMFS consultation
language (i.e., no effect, not likely to adversely affect, etc.) and will reach a clear conclusion
about the presence of habitat for any federally listed species.
4.1.1 Optional Task: Acoustic Bat Surveys
AWE will complete acoustic bat monitoring at the North Fork Bridge over the San Joaquin
River. The purpose of the survey is to assess the use of the bridge, waterway, and adjacent
upland areas by bats. The study will determine the species of bats present and the use of the site
for roosting, foraging, drinking and/or for maternity roost. AWE will deploy bat detectors to
collect data for consecutive days. These units will record acoustic data on bat vocalizations, and
the data will be analyzed using wildlife acoustics software as well as allow professional
judgement from a bat biologist during data interpretation. AWE will consult with bat biologist
from The Wildlife Project to provide peer review of the bat study plan and results. Results of the
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Area West Environmental, Inc. 5
North Fork Road Bridge over the San Joaquin River
bat acoustic survey, compiled with field observations, will be summarized in the NES.
Recommendations for avoidance, minimization, and mitigation measures to offset project
impacts on bats will be discussed with the County and Project engineers to determine feasibility
of incorporating on-site replacement habitat, if warranted. Guidance from Caltrans Bat
Mitigation: A Guide to Developing Feasible and Effective Solutions (H.T. Harvey & Associates
2019) will be used to develop the avoidance, minimization, and mitigation measures. Final
mitigation and monitoring plans must be developed in coordination with CDFW.
Task 4.2 Biological Assessment for USFWS
Based upon preliminary review of the bridge vicinity, special-status species searches, the
proximity to critical habitat, and local knowledge, AWE anticipates that Section 7 coordination
with the USFWS may be necessary for potential impacts to California tiger salamander, Valley
elderberry longhorn beetle, San Joaquin kit fox, vernal pool fairy shrimp, and/or fleshy owl’s
clover.
If impacts to federally listed terrestrial species are identified in the NES, AWE will prepare a
draft BA to use in consultation with the USFWS under Section 7 of the federal Endangered
Species Act using the Caltrans BA template. The BA will describe Project effects on federally
listed species, identify if the Project will result in the destruction or adverse modification of
critical habitat, and determine the effect on species using USFWS consultation language (i.e., no
effect, not likely to adversely affect, etc.). All USFWS federally listed species with the potential
to be directly or indirectly affected by the Project will be evaluated in the BA. Species addressed
in the BA will depend on field review and surveys conducted for the NES. The BA will briefly
discuss other federally listed species with potential to occur but that have been ruled out due to
limits of species range or absence of potential habitat. The BA will include avoidance,
minimization, and compensation measures to mitigate for potential effects on federally listed
species. These measures will be developed in coordination with the County.
After the BA is submitted to the USFWS, AWE will provide responses to the USFWS if
additional Project information is requested.
Task 4.3 Biological Assessment, Hydroacoustic Analysis, and Essential Fish Habitat Assessment
for NMFS
Based upon preliminary review of the bridge vicinity, the bridge over the San Joaquin River
supports listed anadromous fish species and is located in Essential Fish Habitat (EFH) for
Chinook salmon as designated by the NMFS. AWE will prepare a BA to address Chinook
salmon and California Central Valley steelhead. The NMFS BA will describe potential impacts
to federally listed anadromous fish, and will include an analysis of potential hydroacoustic
impacts of pile-driving and other construction activities.
AMBIENT will prepare a hydroacoustic analysis for the proposed project. The report will
include a summary description of commonly used terminology, recommended guidance and
thresholds. Underwater noise levels associated with pile driving and drilling activities will be
quantified. Noise levels will be quantified in accordance with Caltrans-recommended methods
and recommended default parameters for representative equipment. Distances to potential
Area West Environmental, Inc. 6
North Fork Road Bridge over the San Joaquin River
impact zones will be quantified for in-water and near-water activities. Potential impacts to
aquatic life will be evaluated in comparison to NMFS-recommended thresholds and in
consultation with the team biologist. Mitigation for the control of short-term construction
vibration levels will be identified and discussed for potentially significant impacts.
Potential hydroacoustic impacts to anadromous fish will be evaluated in comparison to NMFS-
recommended thresholds. The NMFS BA will include an EFH assessment that determines
whether the bridge replacement “may adversely affect” designated EFH. EFH includes those
waters and substrate necessary for fish spawning, breeding, feeding, or growth to maturity. The
results of the EFH assessment will be incorporated into the NMFS BA. The NMFS BA will
include avoidance, minimization, and compensation measures to mitigate for potential effects on
federally listed fish species. These measures will be developed in coordination with the County.
AWE will work with NMFS and CDFW to identify seasonal work windows to avoid and
minimize impacts on listed fish.
After the BA is submitted to NMFS, AWE will provide responses to NMFS if additional Project
information is requested.
Task 4.4 Aquatic Resources Delineation Report
An aquatic resources delineation report will be prepared according to current USACE guidelines
to identify potential wetlands and waters of the U.S. within the project footprint. Our approach
will be to use flow data from the project hydraulic analysis or from U.S. Geological Survey
(USGS) to identify the ordinary high water mark (OHWM) elevation. AWE will map the
OHWM using a combination of field indicators and flow data for the San Joaquin River, and will
survey for other waters and wetland resources within the BSA established for the NES. The
limits of any Waters of the U.S., including wetlands, will be displayed on a map for inclusion in
the NES. AWE will compile and present the collected data in an Aquatic Resources Delineation
Report, which will be submitted to the County and Caltrans for review before being submitted to
the USACE for a Preliminary Jurisdictional Determination. The verified delineation will be
utilized for regulatory agency permitting. AWE staff will attend up to one field meeting with the
USACE to verify the delineation results.
Concurrently, AWE will map the extent of CDFW jurisdiction (i.e. bed, bank, and channel) and
RWQCB jurisdiction (i.e. Section 401 of the CWA, Porter-Cologne Act, and Waters of the State).
This jurisdictional mapping will be incorporated into the NES and used for regulatory permitting
(see Task 6).
Task 4.5 Water Quality Assessment Report
Section 303(d) of the CWA requires states to identify impaired waters and establish the Total
Maximum Daily Load (TMDL) of pollutants for those waters to protect water quality for
beneficial uses. Caltrans requires that projects on 303(d) listed waterways prepare Water Quality
Assessment Reports. The San Joaquin River downstream of Friant Dam is listed on the 303(d)
list for several pollutants. These pollutants include metals/metalloids, pesticides, pathogens,
toxicity, and salinity (SWRCB 2010). Potential sources of most of these pollutants are
agricultural.
Area West Environmental, Inc. 7
North Fork Road Bridge over the San Joaquin River
AWE will prepare a Water Quality Assessment Report (WQAR) to describe existing conditions
in the Project area, summarize regulatory framework (e.g., define pertinent Basin Plan water
quality objectives and beneficial uses), and document potential water quality issues that could
arise from construction-related activities. The WQAR will assess changes in impervious surface
area, describe modification of drainage patterns, and describe planned improvements to flow
conditions under the bridge. To support the WQAR, AWE assumes the County will provide
AWE with hydraulic/hydrologic studies prepared to support bridge design and predicted with-
project flow modifications within the San Joaquin River. AWE will recommend BMPs to
minimize Project impacts on water quality during and after construction.
Task 4.6 Cultural Resources Reports
Far Western will lead the cultural resources investigations for the project, and will be supported
by JRP, who will provide services related to historic architectural/built environment resources if
needed. The County is conducting this project with assistance from Caltrans, and the cultural
resources documents will be reviewed by Caltrans District 6. Far Western and JRP will therefore
prepare documents for this project following the Caltrans guidelines set forth in the SER, Volume
2, Cultural Resources Procedures and will follow the procedures set forth in the “First Amended
Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on
Historic Preservation, the California State Historic Preservation Officer, and the California
Department of Transportation Regarding Compliance with Section 106 of the National Historic
Preservation Act as it Pertains to the Administration of the Federal-Aid Highway Program in
California,” (2014) (Caltrans Section 106 PA).
Far Western and JRP will begin the cultural resources inventory by: developing an APE;
conducting literature and documentary research; performing Native American consultation;
assessing the potential for buried archaeological resources; surveying the project area; and
preparing an ASR and HPSR. Based on the results of the investigation, Far Western and JRP will
coordinate with Caltrans and the County to determine if other cultural investigations are
necessary, including preparation of a HRER, Extended Phase I Study, and Finding of Effects.
This approach entails background research and inventory. It does not include presence/absence
identification efforts, Environmentally Sensitive Area/Archaeological Monitoring Area action
plans, evaluation of archaeological resources for National Register eligibility, or mitigation
through data recovery. It is too speculative at this time to predict if any of these services would
be required and would only occur if a significant cultural resource is identified within the APE
and Caltrans identifies the need for these efforts.
Far Western, working with JRP and AWE, will develop the APE map for the project. The County
or Cornerstone Engineering will provide AWE and Far Western with digital data of the project
area and preliminary bridge plans to aid in the definition of the APE. The archaeological APE
will need to include all vertical and horizontal areas subject to ground disturbance, including
buried utility lines, access roads, or staging locations that are being constructed or improved for
the Project. It will also include the full boundaries of any identified cultural sites. Our approach
is to process only when the APE is well defined to avoid the need for additional time and funds
Development of the Area of Potential Effects Map
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should the APE change after the cultural study has begun, or been completed. Changes to the
APE after the start of the inventory may result in additional costs.
Far Western will request a records search including a review of site records, survey reports,
National Register of Historic Places and California Register of Historical Resources listings, as
well as other relevant documents from the Southern San Joaquin Valley Information Center,
California State University, Bakersfield. The area of study will be the APE plus a one-quarter-
mile buffer. The review will provide information on whether any portions of the project area
have been recently surveyed, and whether any previously recorded resources exist within the
study area.
Far Western will coordinate consultation efforts with the Native American Heritage Commission
and all Native American groups/interested parties identified by the Commission, including letters
and maps describing the project, and follow-up calls. Far Western will work with the County to
undertake government-to-government consultation under CEQA’s Tribal Cultural Resources
consultation requirement (AB 52). It is assumed up to one field meeting with tribal
representatives would be completed.
An initial review of the bridge location shows that the northern approach is located in an area
with Very High to Moderate sensitivity and the southern approach has Moderate to Moderate-
Low sensitivity for encountering buried deposits. Pedestrian survey methods are often
ineffective for identifying the location of buried archaeological resources (i.e. sites buried by
naturally deposited sediments or deposits of artificial fill). As it is the responsibility of
archaeologists to account for the entire archaeological record, Far Western will assess both the
large- and small-scale effects of landscape evolution to help ensure that the potential for buried
sites is taken into account. This will include review of geologic maps of the area to study
landform changes and determine potential sensitivity for buried resources within the project area.
AWE will obtain a detailed description of proposed construction depths from the County or
Cornerstone Engineering to ensure the accuracy of this assessment.
Preliminary review of the project area indicates that there is a multi-component cultural resource
located within the northwest quadrant of the North Fork Road and Millerton Road intersection.
This resource is comprised of historic-era debris and a staircase, and sparse scatter of basalt
flakes. The area has been heavily disturbed, thus, the site boundaries are unknown, but intact
deposits have been identified. A single phalanx was recovered during testing, but no other
evidence of burials or human remains was encountered.1
1 Nettles, Wendy M. (2001). Site Record for CA-FRE-3111/H (P-10-003936). On file, Southern San Joaquin Valley Information
Center, California State University, Bakersfield.
Records Search and Literature Review
Native American Coordination
Assessment of the Potential for Buried Archaeological Resources
Pedestrian Survey
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To comply with Section 106 standards, a pedestrian survey will be conducted. Our approach
includes a crew of two archaeologists who will inventory, in transects no greater than 15 meters
apart, all safely accessible portions of the APE. During the survey, the crew will examine any
exposed soils for evidence of cultural materials; record any undocumented resources; and revisit
and, if necessary, update any previously recorded resources using Geographic Positioning
System (GPS) equipment for precise locational mapping. Resources will be recorded on
Department of Parks and Recreation 523 Forms. One surface site is estimated; if additional sites
are encountered, the schedule may need to be revised.
Far Western will prepare an ASR to Caltrans standards (i.e., Caltrans Environmental Handbook
Volume 2 for Cultural Resources). The report will develop environmental and cultural contexts
for the project region; document records search findings and consultation efforts with the
Heritage Commission and local Native American groups/individuals; and describe field methods
and results.
Far Western will complete an HPSR that summarizes the study’s findings. JRP will assist with
preparation of the HPSR, including preparing letters to interested parties (e.g., Fresno Historical
Society, Madera Historical Society), conducting follow-up communication, and collecting
responses.
Should the buried site assessment determine that additional subsurface excavation is required,
Far Western will prepare a Caltrans-formatted Extended Phase I proposal, conduct fieldwork, and
prepare a technical report of findings. It should be noted that if subsurface excavation is
required, Far Western will endeavor to combine similar project tasks to reduce the overall budget
(i.e., survey and subsurface testing will occur during one field visit, rather than two).
If necessary, Far Western will prepare a Finding of Effects document as per 36 California Federal
Register (CFR) 800.5 and apply the criteria of adverse effects to historic properties within the
APE. For the purpose of this approach, we assume that no more than one historic property will
be present within the APE and that there will be a finding of adverse effects to this historic
property. However, prior to preparing the findings of effects statement, Far Western will consult
with the County and Caltrans to discuss the feasibility of avoiding effects of the historic property
(i.e., finding of no adverse effects).
Task 4.7 Paleontological Identification Report/Evaluation Report
Earthview Science will provide paleontological services for the project. Paleontological
resources are often tied to the geology of a site, so Earthview Science will work with the
geological investigations to reduce duplicative efforts. Earthview Science will prepare a PIR or
PER, as applicable. Earthview will develop a baseline paleontological resource inventory of the
project area and assess the potential paleontological productivity of each stratigraphic unit
present. For the PIR or PER, Earthview will describe the geologic setting, review geological and
Archaeological Survey Report and Historic Property Survey Report
4.6.2 Optional Task: Extended Phase I Study
4.6.3 Optional Task: Finding of Effects
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paleontological literature, review paleontological inventories, determine paleontological
sensitivity of the project area, conduct a visual inspection of exposures of potentially
fossiliferous strata in the project area (if present), and recommend measures to avoid or minimize
impacts to paleontological resources during construction. Earthview will use Society of
Vertebrate Paleontology methods, as directed in the Caltrans SER, to complete the evaluation.
No subsurface exploration would be conducted for this assessment.
Task 4.8 Initial Site Assessment
To assess whether potential sources or indications of hazardous materials conditions are present
within or adjacent to the proposed project area, Blackburn will complete a Hazardous Materials
ISA. The ISA will be completed in accordance with ASTM E1527-13 “Standard Practice for
Environmental Site Assessment: Phase I Environmental Site Assessment Process ” requirements
and as such will include:
Conduct a site reconnaissance to observe current land use and indications of potential
contamination by hazardous materials on or adjacent to the parcel. This will include
documentation of areas showing evidence of surface staining; storage, dumping; handling
and mixing areas for hazardous materials (such as pesticides and fuel products), and
apparent locations of fuel tanks and wells.
Complete an initial review of on-line regulatory databases such as the State Water
Resources Control Board GeoTracker site and/or the Department of Toxic Substances
Control (DTSC) EnviroStor site, to determine if known impacts and/or previous
environmental work exist for the project area.
Review historical aerial photographic and topographic map coverage of the property and
surrounding areas for indications of sources for potential contamination. Review a
commercial database including federal, state, and county records for indications of the
use, misuse, or storage of hazardous and/or potentially hazardous materials on or near the
site. Based on the Historical Research, attempt to identify past and present operations
conducted on or adjacent to the property to assess the potential for hazardous materials
impacts to the site.
Prepare an ISA Report documenting findings, conclusions and recommendations,
sampling and analytical testing procedures, and results.
Blackburn will base the actual scope of the Phase II Environmental Site Assessment (Phase II)
on the findings of the Hazardous Materials Initial Site Assessment (ISA or Phase I). However,
based on our knowledge of the site and conditions encountered in similar projects, Blackburn
anticipates the Phase II will include:
An Asbestos Containing Materials (ACM) survey of existing bridge deck/support
concrete.
A Lead Containing Paint (LCP) survey of yellow traffic striping.
A Soil Characterization Assessment of fill material used to construct the eastern bridge
approach/peninsula.
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LCP/ACM Survey Report
If needed, the County will complete ACM and LCP surveys.
Soil Characterization Report
Blackburn will collect soil samples (using a drill rig) within the eastern approach embankment to
evaluate the presence of potential soil contaminants. Characterizing the approach embankment
soil is important if the soil is utilized off-site or within another area of the project. Blackburn will
complete the soil characterization assessment in accordance with the Department of Toxic
Substance Control’s (DTSC) Information Advisory Clean Imported Fill Material Guidance
Document (October 2001).
Blackburn will:
Prepare a work plan identifying proposed sample locations and sampling method.
Prepare a worker Health and Safety Plan.
Engage a drilling sub-contractor.
Visit the site to mark boring locations for Underground Services Alert (USA) notification.
Apply for necessary encroachment permit (assuming County waives the fee).
The drilling sub-contractor will use the direct push method to advance four borings to depths of
20 to 25 feet within the eastern approach embankment. The drilling sub-contractor will reinstate
pavement surfaces with black-dyed-rapid-set concrete or cold mix asphalt.
Blackburn’s engineer or geologist will:
Observe and log the borings.
Collect samples at approximately 5-foot intervals.
Cap samples and label with the sample time, date, location, depth, and the sampler’s
initials.
Pack samples in a cooled ice chest and prepare continuous chain-of-custody (COC)
documentation.
Ship the samples to an accredited analytical laboratory.
For borings within the active roadway, Blackburn will provide traffic control consisting of a lane
closure on two-lane road using flaggers (CA MUTCD typical application 10). We assume the
County will provide any required right-of-entry.
The analytical lab will test 12 soil samples for:
Semi-VOCs including PAHs (EPA Method 8270C),
TPH gasoline/diesel/motor oil (EPA method 8015),
Organochlorine Pesticides (EPA Method 8081A), and
CAM17 Metals (EPA Methods 6010B).
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Laboratory quality assurance will consist of method blanks and spiked samples.
Blackburn will prepare a Soil Characterization Report which will summarize the sampling
activities and laboratory test results. The report will include analytical results, comparison of
analytical results with current regulatory screening levels, conclusions and recommendations,
limitation and risk management, vicinity map and Site Plan with sampling locations, and boring
logs. Geotechnical engineering recommendations for design/construction are outside this scope.
Task 4.9 Section 4(f) Report
The bridge crosses the San Joaquin River Parkway, a publicly managed recreation resource.
Friant Cove, located at the intersection of North Fork Road and Millerton/North Friant Road, is
owned by the San Joaquin River Conservancy and managed by California State Parks as part of
the Millerton Lake State Recreation Area. This site provides fishing, picnic tables, restrooms,
and hand-carried boat launch. The San Joaquin River Conservancy has planned future recreation
improvements on both sides of the river, including future trails and public access improvements.
Because North Fork Road crosses recreation lands, compliance with Section 4(f) of the U.S.
Department of Transportation Act of 1966 will be required. The Act stipulates that the Federal
Highway Administration and other Department of Transportation agencies cannot approve the
use of land from publicly owned parks, recreational areas, wildlife and waterfowl refuges, or
public and private historical sites unless the following conditions apply:
There is no feasible and prudent alternative to the use of land, and
The action includes all possible planning to minimize harm to the property resulting from
use
Based on review of the project, a de minimis finding under Section 4(f) will likely apply. To
confirm this finding, AWE will prepare a technical memorandum to document the de minimis
impact finding. The document will include:
Applicability of Section 4(f) to the recreation property proposed to be used by the project
A description of the use of the 4(f) property
An explanation of why the use is de minimis
Records of public involvement
Any avoidance, minimization, and /or mitigation measures
Results of coordination with the officials with jurisdiction including written concurrence
AWE will coordinate with the San Joaquin River Conservancy and California State Parks, the
agencies with jurisdiction over the recreation lands, to confirm in writing that the transportation
use of the property results in a de minimis impact on that property. The Caltrans District 6 Senior
Environmental Planner will review and approve the de minimis finding. This approach assumes
a de minimis finding would be sufficient for 4(f) compliance. If significant cultural resources are
found in the project area or San Joaquin River Conservancy or State Parks does not agree with
the de minimis finding, a Programmatic 4(f) report would be required, which requires additional
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review at FHWA. Our approach does not include a 4(f) report beyond the de minimis finding
technical memo described above because it is unlikely to occur.
Task 4.10 Visual Impacts Assessment Technical Memorandum
The North Fork Bridge is located within a scenic viewshed where the landscape includes the
river and riparian areas. Although replacing the existing bridge will not introduce a new
developed element into the area, changes to the bridge appearance will be noticeable. Recreation
users in scenic locations are very sensitive to aesthetic changes and maintaining views along
recreational travel routes is an important goal for recreation area managers. As a result, Caltrans
may require that the County prepare a VIA technical memorandum.
Tallac will assist AWE with preparation of a VIA technical memorandum to comply with FHWA
and Caltrans VIA guidelines. Based on a cursory assessment of the project using the Caltrans
VIA questionnaire, a full VIA would not be required for this project; an abbreviated VIA
Technical Memorandum is assumed. It appears likely that that new bridge design could benefit
the overall scenic environment and public experience of the current bridge crossing.
Tallac’s licensed Landscape Architect will conduct a site visit to assess the existing visual
resource conditions and take photographs to be used in the analysis. Existing project information
including engineering drawings, site photographs and other documentation will be reviewed.
Visual resource guidelines and policies from the Fresno County and Madera County General
Plans, and San Joaquin River Parkway planning documents, will be summarized. The VIA
Technical Memorandum will include maps and representative photographs. Project staff will
analyze the project’s visual impact using methods and protocol developed by the FHWA and
adopted by Caltrans. A VIA Technical Memorandum will be prepared and signed by Tallac’s
licensed Landscape Architect.
Although not required for a VIA Technical Memorandum, photo simulations are often a powerful
tool for communicating post-project conditions to stakeholders and interested public, which
AWE recommends for such a visible project. If requested by the County, AWE can prepare
photorealistic visual simulations from up to three critical vantage points to demonstrate changes
in views as a result of the proposed project. The VIA will include a “before” and “after” image
for the three vantage points. AWE will obtain detailed engineering drawings, including scaled
drawings with cross sections and profile views, from the County or Cornerstone Engineering.
The photo simulations will be based on these design drawings.
Task 4.11 Community Impact Assessment
Due to the highly visible nature of this Project and the proximity to the community of Friant,
AWE anticipates that the Project would benefit from a CIA. The CIA will follow guidance found
in the Community Impact Assessment, Volume 4 of the Caltrans SER. AWE will prepare an
abbreviated CIA that addresses the following topics:
Land Use
Recreation and Public Access
Farmlands
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Property Acquisition
Public Involvement/Outreach
AWE will obtain maps and tables showing the land needed for right-of-way take and for
temporary construction easement, including staging, from surrounding parcels, and information
on parcel ownership and contacts from the County. The land use discussion will assess the
consistency of the proposed Project with comprehensive development and transportation plans
adopted for the region.
AWE will address recreation and public access impacts and will evaluate short- and long-term
effects on recreation resources in the San Joaquin River Parkway. AWE will utilize readily
available recreational user counts and inventories of nearby recreational assets. AWE will
coordinate with Madera and Fresno Counties, the San Joaquin River Conservancy, California
State Parks, and CDFW (hatchery operations and public river use) to discuss the proposed
project and develop minimization measures to reduce temporary impacts on recreation use in the
project area. Results of discussions with recreational users and managers will be incorporated
into the CIA.
If bridge approach work requires acquisition of land from adjacent agricultural parcels, AWE
will complete a Farmlands Assessment as part of the CIA. In compliance with Caltrans guidance,
AWE will prepare a Farmlands Assessment Form AD-1006, which determines if the project
meets the threshold for consultation with the Natural Resources Conservation Service (NRCS)
on farmland impacts. AWE will submit the form to Caltrans for review, and if the project would
result in significant impact on farmlands per Form AD-1006, Caltrans will submit the AD-1006
to NRCS for a 45-day review.
The CIA will include a summary of public and stakeholder outreach and involvement. The
project would not require relocations of residences or businesses, so no relocation analysis or
environmental justice evaluation would be required. The project would not increase capacity of
the roadway, so no growth analysis would be needed.
Task 4.12 Noise Study Report
The North Fork Bridge project would not increase the number of through lanes or otherwise
affect traffic operations. However, the project would alter the vertical and horizontal alignment
of the bridge, which would trigger the requirement for a Noise Study Report (NSR) from
Caltrans. Also, a NSR would support the CEQA document. AMBIENT will prepare a NSR using
Caltrans guidance to assess noise impacts associated with the proposed project. The NSR will
include a description of the existing noise environment, based on existing environmental
documentation and a review of site reconnaissance data. AMBIENT will conduct ambient noise
monitoring at various locations in the vicinity of the project site to document existing
environmental conditions and traffic noise levels. Up to 10 short-term (i.e., 10-60 minute) and
one long-term (i.e., 24-hour) noise measurement surveys will be conducted, to the extent deemed
necessary. Ambient traffic noise levels will be monitored during peak-hour periods for purposes
of calibrating the traffic noise model. Relevant background information, including noise
fundamentals, descriptors, and applicable federal, state, and local regulatory framework, will be
described. To assess potential construction noise impacts, sensitive receptors and their relative
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exposure to the proposed project area (considering topographic barriers and distance) will be
identified. Noise levels of specific construction equipment will be summarized and included in
the report. Predicted construction-generated noise levels at nearby receptors will be calculated
using the FHWA Roadway Construction Noise Model.
Traffic noise modeling, if required, will be conducted in accordance with FHWA/Caltrans-
recommended methods and guidance. Accordingly, predicted traffic noise levels will be
modeled using the FHWA Traffic Noise Model, version 2.5. The TNM model will be calibrated
based on the monitoring data obtained during the site reconnaissance surveys. Predicted peak-
hour traffic noise levels (in Leq) will be calculated at nearby existing receptors for comparison to
FHWA/Caltrans-recommended noise abatement criteria.
Groundborne vibration levels typically associated with construction activities and long-term
operations will be discussed, based on information to be derived from Caltrans-recommended
guidance documents. To the extent necessary, groundborne vibration levels associated with
major construction activities (e.g., pile driving) will be quantitatively assessed (see Task 4.3
above regarding hydroacoustic analysis). Long-term exposure to groundborne vibration is
anticipated to be minor and will be qualitatively assessed.
The significance of noise-related impacts will be determined in comparison to applicable
FHWA/Caltrans abatement criteria. Noise-abatement measures will be identified and evaluated,
to the extent necessary. The NSR will be prepared using the Caltrans-recommended NSR
template and in accordance with Caltrans-recommended guidance and methods.
Task 4.13 Air Quality Report and Conformity Analysis
As proposed, replacement of the North Fork Bridge would not change traffic volume, fleet mix,
speed or any other factor that would cause an increase in operational air emissions relative to
existing conditions. However short-term construction would result in the temporary release of
air pollutants and greenhouse gas (GHG) emissions. The proposed project is located in an area
designated nonattainment for federal ozone and particulate matter (PM) ambient air quality
standards. As a result, Caltrans may require an air quality conformity finding. To address short-
term air emissions, provide needed data to support the CEQA/NEPA document, and complete
conformity findings required by Caltrans, AMBIENT will prepare an Air Quality Report (AQR)
and Air Quality Conformity Assessment (AQCA) to assess air quality and GHG impacts
associated with the proposed project. Existing air quality and GHG conditions will be discussed,
including applicable regulatory framework, standards, and attainment status. Short-term
construction emissions of criteria air pollutants and GHG emissions will be quantified.
Construction emissions will be quantified based on project-specific construction information and
schedules, to be provided, utilizing the CalEEMod computer program. Long-term operational
emissions of criteria air pollutants and GHGs will be described qualitatively. The project’s
conformity with regional and project-level air quality attainment efforts will be discussed.
Localized increases in mobile-source emissions attributable to this project, including carbon
monoxide (CO), PM, and air toxics will be qualitatively assessed utilizing FHWA/Caltrans-
recommended screening protocol. Measures for the control of short-term construction and long-
term operational emissions will be discussed, to the extent necessary. This discussion will
address Caltrans-recommended control practices, as well as, applicable San Joaquin Valley Air
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Pollution Control District (SJVAPCD) rules and regulations. AMBIENT will also prepare an
AQCA using the results presented in the AQR, and include forms and supporting documentation
required for submittal of the project for interagency PM conformity review. Our approach
assumes that the proposed improvements would be consistent with the regional
transportation/transportation improvement plans, would not be considered a project of air quality
concern (POAQC) with regard to localized PM air quality conformity, and would not result in a
substantial increase in regional traffic volumes, vehicle miles traveled, or vehicle delay. The
AQR and AQCA will be prepared in accordance with Caltrans-recommended guidance and
methods.
Task 4.14 Geology and Soils Report
To eliminate duplicative efforts, AWE will coordinate with the engineering team to obtain
information on geologic conditions in the project area. The geotechnical investigation prepared
by the engineers will evaluate the subsurface conditions at the site and develop geotechnical
engineering recommendations to aid in project design and construction. Using the preliminary
geotechnical analysis prepared by Cornerstone Engineering in support of the Bridge Foundation
Report and Preliminary Design Memo, AWE and Blackburn will develop a Geology and Soils
technical memorandum. AWE and Blackburn will review the geology and seismic information
presented in the project Geotechnical Report, any historical plans or reports provided by Fresno
County, published geologic maps and reports, and USDA soil survey data to evaluate
environmental impacts of geology and soils. Blackburn will evaluate the site geology and soils to
answer the questions from CEQA, Appendix G, Section VI, Geology and Soils. Blackburn will
prepare a Draft Geology and Soils Memorandum in accordance with CEQA guidelines. The
memorandum will include:
General site description.
General geology, groundwater, and surface/subsurface conditions.
Vicinity Map
Geologic map
Fault map
Responses to the Geology and Soils impact questions outlined in the CEQA Appendix G,
Section VI, Geology and Soils. A CEQA determination of any identified impact
(potentially significant, less than significant with mitigation, or less than significant) will
be made.
Recommendations for mitigation of significant impacts, including construction best
management practices for erosion control, if necessary.
Limitations of the Memorandum.
After review by the County, we will respond to comments and prepare a final memorandum,
which will be used in Task 5 – CEQA and NEPA Document.
Task 5 – CEQA and NEPA Document
AWE will assist the County and Caltrans in completing CEQA and NEPA compliance for the
project. AWE approaches the CEQA/NEPA document as a summation of the work completed
through technical studies and through early agency and stakeholder outreach efforts. The purpose
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of the CEQA/NEPA document is to disclose and solicit further input on the project’s
environmental consequences and recommended measures to reduce or offset those impacts. To
facilitate this process, the CEQA/NEPA document prepared by AWE:
clearly describes project alternatives using design drawings, photographs, and visual
simulations;
incorporates data and summarizes results of technical studies; and
presents the impact assessment in an understandable way for community members and
laypersons unaccustomed to reviewing these reports.
By reaching out to regulatory agencies and stakeholders before the CEQA/NEPA document is
released (see Task 3 above), we can often anticipate and respond to agency and stakeholder areas
of concern in the draft document, thereby reducing the volume and complexity of comment
letters received.
Based on our understanding of the Project, we have anticipated the appropriate environmental
documentation for the Project would be an IS/MND in compliance with CEQA and a routine
Environmental Assessment/Finding of No Significant Impact (EA/FONSI) in compliance with
NEPA. AWE proposes to prepare a joint IS/EA for concurrent compliance with CEQA and
NEPA. The joint document is recommended to promote efficient environmental review, avoid
inconsistencies between the CEQA and NEPA documents, satisfy public involvement and review
requirements concurrently, and integrate federal and state regulatory requirements in the
analyses. The Caltrans guidance and IS/EA template meets the requirements of both statutes and
provides a proven process for concurrent review and approval.
The joint NEPA/CEQA document will also serve the needs of Madera County and other state
permitting agencies (e.g., California State Lands Commission (SLC), CDFW, and RWQCB). To
this end, AWE staff will work with County staff early on to identify the scope and content
required in the IS/EA for these responsible agencies. We assume that the scope of work for the
IS/EA and associated technical studies will meet the needs of all NEPA cooperative and CEQA
responsible agencies, including Madera County, SLC, and CDFW.
For NEPA compliance, the Project could qualify for a Categorical Exclusion (CE) under CFR
771.117 (d) (3) “bridge rehabilitation, reconstruction or replacement”. However, because the
project may be controversial and the County and Caltrans may want to evaluate more than one
build alternative, a routine EA is proposed. Our approach is to re-evaluate the appropriate level
of NEPA document during the technical study preparation. Using a NEPA CE with technical
studies will save time and help the project reach the approval for the right-of-way phase sooner
than preparing a routine EA/FONSI.
Task 5.1 Administrative Draft Initial Study/ Environmental Assessment
AWE will prepare an administrative draft Initial Study/Environmental Assessment (IS/EA) in
compliance with Caltrans IS/EA template for use by Caltrans and Fresno County. The
administrative draft IS/EA will incorporate results of the technical studies completed for the
project and address all issues in the Caltrans IS/EA template and any updates to the CEQA
checklist. The IS/EA will summarize the environmental effects of the project. The IS/EA will
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follow the Caltrans template, and all CEQA significance determinations will be contained in the
CEQA checklist chapter. We assume that any potentially significant effects can be reduced to a
less-than-significant level with mitigation. AWE will prepare an IS/EA that includes a
description of existing conditions, thresholds for significance, analysis of project impacts and
description of avoidance, minimization, and mitigation measures as appropriate. For each
recommended mitigation measure, the Environmental Commitment Record (ECR)/Mitigation
Monitoring and Reporting Plan (MMRP) will identify timing for implementation, responsible
implementing party, success criteria, monitoring method and schedule, and reporting
requirements. The ECR/MMRP will be an attachment to the IS/EA. AWE will provide 6 hard
copies and electronic copies (MS Word and Adobe PDF) of the administrative draft IS/EA for
County and Caltrans review.
Task 5.2 Public Draft Initial Study/ Environmental Assessment
After receiving comments on the administrative draft IS/EA from the County and Caltrans, AWE
will incorporate changes to the document and forward electronic copies (MS Word and Adobe
PDF), 45 Compact Disc (CD) copies, and 10 hard copies of the document to the County for their
distribution and use. AWE will prepare a notice of completion (NOC) and notice of intent (NOI)
to adopt a Mitigated Negative Declaration (MND). AWE will also draft a FONSI Notice of
Availability for Caltrans approval. Our approach assumes that the County would be responsible
for noticing the CEQA document in a local newspaper and/or through direct mailing to
neighboring properties, stakeholder, agencies, and individuals who have requested notification.
The County will submit the required documents to the Fresno County Clerk. AWE will file the
public draft IS/EA with the State Clearinghouse for circulation. As required by CEQA and
Caltrans guidance for routine EAs, the IS/EA will be circulated among public agencies and the
general public, as well as specific individuals, organizations, and agencies expressing an interest
in receiving the document, for 30 days. AWE will coordinate and facilitate a public meeting
during the review period.
Task 5.3 Final Initial Study/ Environmental Assessment
Following the close of the 30-day public comment period, AWE will assist the County in
preparing written responses to all comments submitted on the draft IS/EA. In addition, AWE
will complete any necessary changes to the IS/EA, if required, and prepare a Final IS/EA that
incorporates responses to comments and identifies the preferred project alternative. AWE will
provide electronic and hard copies of the final IS/EA. AWE will prepare a draft FONSI for
Caltrans use; the FONSI will briefly describe why the project will not have any significant
environmental effect and will not require the preparation of an environmental impact statement
(EIS) under NEPA. AWE will prepare a draft CEQA Notice of Determination (NOD) for County
use. We assume the County will be responsible for filing the NOD and paying associated CDFW
filing fees after Board of Supervisors approval of the IS/MND. AWE will attend the Board of
Supervisors meeting to help staff answer questions from the Board regarding the environmental
document approval.
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5.4. Optional Task: NEPA Categorical Exclusion with Technical Studies
FHWA’s NEPA procedures allow the use of a NEPA Categorical Exclusion (CE) with technical
studies for bridge rehabilitation, reconstruction, or replacement bridge replacement projects as
long as the project:
would not require acquisition of more than a minor amount of right-of-way or would
result in any residential or non-residential displacements;
does not require a bridge permit from the U.S. Coast Guard;
does not result in a finding of “adverse effect” to historic properties under the NHPA;
does not result in major traffic disruptions during construction; and
does not result in significant controversy.
23CFR 771.117(c)(28) and 23CFR 771.117(e)
Based on a review of the proposed Project, it is likely that Caltrans would be able to approve the
project using a CE with Technical Studies instead of an EA/FONSI. Caltrans will make this
determination at the time of the PES review.
If Caltrans District 6 allows the use of a NEPA CE with technical studies, AWE would prepare a
stand-alone CEQA IS/MND for the County’s approval as described in Tasks 5.1 through 5.3,
except the Caltrans IS/EA template would not apply, a FONSI would not be needed, and the
document schedule would not be tied to Caltrans EA review process. Instead, AWE would
complete a draft ECR for Caltrans approval, and Caltrans District 6 staff would issue a NEPA CE
Determination. The use of a NEPA CE instead of an EA/FONSI will save approximately 4
weeks in the environmental compliance schedule and would result in a cost savings of $11,130
from Tasks 5.1 and 5.3.
Task 6 – Environmental Permit Applications
AWE’s approach to permits involves coordinating with regulatory agencies early, and ideally,
conducting an in-field pre-application meeting with regulatory staff who will be reviewing the
applications (see Task 3 above). We understand that permitting is often a critical path item for
bridge replacement projects. In order to ensure permitting does not hold up construction, we
believe it is critical to build ample time in the project schedule for agency reviews and to back
out the permit application delivery date from the anticipated construction bid date. We, therefore,
advocate for submitting permit applications as early as feasible and will work with design
engineers to move the permits forward while the designers are finalizing project plans.
AWE will assist the County with applying for and obtaining applicable regulatory environmental
permits for work within and adjacent to the San Joaquin River. AWE anticipates that regulatory
permits from the USACE, RWQCB, and CDFW will be required for authorization of impacts
within the river. Additionally, the project will require authorization from the Central Valley
Flood Protection Board and the SLC. Our approach assumes that the County would pay all
permit fees and mitigation credit fees, as applicable. From our other bridge project experience
with Fresno County, we understand that finding areas available for onsite or offsite replanting in
compliance with permit conditions is often challenging.
•
•
•
•
•
Area West Environmental, Inc. 20
North Fork Road Bridge over the San Joaquin River
With the removal of the southern approach fill, the North Fork Road project may provide an
opportunity for the County to meet CDFW’s revegetation and restoration requirements for both
the North Fork Road project and potentially other County projects. If requested, AWE will work
with the County, CDFW, and area land managers (e.g., State Parks and San Joaquin River
Conservancy) to propose restoration work that could fulfill mitigation requirements for multiple
projects.
Task 6.1 Section 404 Clean Water Act
The AWE Team will assist the County in obtaining CWA Section 404 authorization from the
USACE. Based on the AWE Team’s understanding, the Project will result in a removal of road
approach fill within the San Joaquin River, will restore a portion of the river, and would not
cause the permanent loss of more than 0.5 acre of waters of the U.S. As such, the project will
likely qualify for authorization under Nationwide Permit 14 – Linear Transportation Projects.
AWE will prepare a Preconstruction Notification (PCN) to be submitted to the USACE
requesting concurrence that the Project qualifies for authorization under a Nationwide Permit.
The PCN will include a project description, design drawings, the aquatic resources delineation,
and a mitigation plan to describe how the Project will offset impact to Waters of the U.S.
Task 6.2 Section 401 Water Quality Certification
AWE will assist the County in obtaining Clean Water Act Section 401 authorization from the
Central Valley RWQCB. AWE will prepare a Water Quality Certification application to be
submitted to the Central Valley RWQCB. The permit package will include a project location
map, design plans, mitigation plans to compensate for losses of waters to the State, and evidence
of CEQA approval. AWE will incorporate best management practices (BMPs) to avoid and
minimize effects on water quality.
Task 6.3 1602 Lake and Streambed Alteration Agreement
AWE will assist the County in obtaining a LSAAfrom the CDFW under Section 1602 of the Fish
and Game Code. AWE will prepare a LSAA application to be submitted to CDFW which
includes project location map, design plans, mitigation plans to compensate for losses of waters
to the State, mitigation to address impacts to streambed and riparian vegetation, and evidence of
CEQA approval. Our approach to the content and level of detail of the project description will
be based on recent experience with CDFW’s Central Region Office.
6.3.1 Habitat Revegetation and Restoration Plan
Based on previous experience working with the CDFW Central Region on similar projects, AWE
anticipates that CDFW will require a Revegetation and Restoration Plan as part of the LSAA.
Therefore, AWE and Tallac will develop a Habitat Revegetation/Restoration Plan (HRRP) for
wetland, riparian and upland impacts determined by the LSAA report to submit to the CDFW.
The HRRP will describe methods to ensure that all disturbed soils are revegetated, describe shrub
and tree replacement quantities and planting methods, and describe seeing and mulching blends.
The HRRP will reflect the outcomes required by resource agencies, and the plan will include
plantings per CDFW requirements. The plan will provide restoration goals and objectives and
Area West Environmental, Inc. 21
North Fork Road Bridge over the San Joaquin River
identify monitoring methods and adaptive management strategies to ensure successful
restoration.
Task 6.4 Section 2081 Incidental Take Permit
Based on a preliminary review of the project and the project vicinity, it is likely that the project
will require a Consistency Determination from CDFW for impacts to state-listed Chinook
salmon. Therefore, our approach is to work closely with CDFW and NMFS during Section 7
consultation on federally listed salmon to ensure that the NMFS Biological Opinion will be
consistent with CDFW requirements for state regulations. AWE will then request a Consistency
Determination from CDFW once the NMFS Biological Opinion is received.
Task 6.5 Central Valley Flood Protection Board Permit
Based on the California Department of Water Resources Best Available Maps (BAM), the Project
is located in a designated floodway. An encroachment permit from the Central Valley Flood
Protection Board will be required for construction activities within the San Joaquin River
maintained floodway. Therefore, to obtain an encroachment permit, AWE will prepare an
application for a Central Valley Flood Protection Board Encroachment Permit. The application
will include location maps, a complete project description including the project schedule, and
design drawings showing the cross sections and vertical elevations of all proposed structures
within the floodplain. We assume that the County or Cornerstone Engineering will provide
hydraulic analysis results to support the permit application.
Task 6.6 State Lands Commission Land Use Lease
The California SLC has jurisdiction and management control over sovereign lands including
lands underlying California’s navigable rivers, lakes and streams. These lands are held for the
benefit of all the people of the State for Public Trust purposes, including waterborne commerce,
navigation, fisheries, recreation, habitat preservation, and open space. SLC issues leases for any
project that involves the construction of improvements to or on sovereign fee lands.
Construction of the North Fork Road Bridge over San Joaquin River likely will require a lease
from the SLC.
Working with the County, AWE will contact California SLC to determine if a new land use lease
is required or if the existing lease needs to be revised. AWE will prepare an application to the
SLC. Because the SLC will be a responsible agency under CEQA and their application requires
information similar to that included in a CEQA IS/MND, AWE’s approach is to work with the
County and SLC to ensure the IS/MND prepared for the project includes all items needed by
SLC to issue their lease. For example, the CEQA document would include a detailed property
description, describe the public benefit of the project, address impacts on Public Trust resources,
and include SLC’s recommended mitigation measures. The SLC lease application will include
location maps, complete project description, description of changing drainage patterns, design
drawings, an assessment of flooding and extreme weather resiliency, and a summary of all
potential environmental impacts.
Area West Environmental, Inc. 22
North Fork Road Bridge over the San Joaquin River
Task 7 – Bidding and Construction Services
AWE understands that a commitment to a project involves supporting our clients from planning
through construction. During the bidding and construction phase, AWE will be available to
review plans, address questions and provide information as requested by the County, and
complete construction support services. AWE has vast experience conducting preconstruction
surveys, monitoring construction activities, and ensuring regulatory compliance on transportation
projects throughout California. AWE will provide the following bid and construction services
for the project.
Task 7.1 Bidding Assistance/ Plan Review
If requested by the County, AWE will review the 100% plans to ensure environmental
commitments are incorporated into construction bid documents and define units for bid that
include contingency items. This limits unexpected change orders. AWE environmental staff will
be available to answer questions via telephone regarding environmental commitments and permit
terms and conditions during the bidding and construction process.
Task 7.2 Preconstruction Surveys
Having worked on a number of projects in the San Joaquin River watershed, AWE is very
familiar with the environment around the project site and the resources it contains. As such,
AWE is uniquely suited to provide experienced, qualified biologists who are adept at surveying
environmental resources, and applying that knowledge in a construction environment.
AWE would conduct preconstruction biological surveys, including but not limited to nesting bird
surveys, bat surveys, and aquatic species surveys (e.g., western pond turtle) before construction
commences in adherence with project permits and the ECR/MMRP. The final permit terms will
dictate the level of effort needed for preconstruction surveys.
Task 7.3 Worker Environmental Awareness Training and Environmental Compliance Binder
AWE will prepare and conduct WEAT that summarizes the sensitive biological resources within
the Project area and addresses proper avoidance measures and procedures if sensitive species are
identified during construction. The WEAT will also address potential cultural resources and
procedures in case of discovered buried archaeological or paleontological resources. AWE will
provide an electronic copy of the WEAT and up to 100 hardcopies of the WEAT brochure for use
onsite. An AWE biologist will present WEAT once at the commencement of construction
activities or prepare a Digital Video Disc (DVD) video to be used onsite. AWE will provide the
on-site construction manager and/or resident engineer with copies of sign-in sheets and extra
brochures to be used to train new staff. The contractor or resident engineer can provide the
WEAT directly, avoiding potential delays and reducing overall costs.
AWE will also prepare a construction site environmental compliance binder, which will include a
list of all environmental compliance requirements and copies of all permits and approvals for the
Project, which will be kept onsite as required by project permits.
Area West Environmental, Inc. 23
North Fork Road Bridge over the San Joaquin River
Task 7.4 Construction Monitoring and Post-construction Reporting
The AWE Team believes that biological monitors are an integral part of construction, not only in
protecting sensitive resources but also in acting as the eyes and ears of our clients. Our
biological monitors are active participants in the construction process, ensuring that permit
conditions are properly followed and that active steps are taken to prevent problems before they
arise. AWE understands that incidents of non-compliance are costly, both for schedule and
budget. Construction is fast moving and can change rapidly, so our biological monitors ensure
that Project Managers and clients are kept up-to-date with the latest developments at construction
sites. Our team ensures that our clients are informed of these developments long before reading
a monitoring log at the end of the day.
For the North Fork Road Bridge Project, AWE will provide biologists on an as-needed basis for
monitoring construction activities consistent with project permits and approvals. Construction
monitors will keep daily logs of monitoring activity. Depending on permit terms, weekly
summary logs may be required. AWE anticipates that daily biological monitoring will be
required by the regulatory agencies during all ground disturbance, vegetation removal, and
dewatering; weekly biological monitoring will likely be sufficient during all other construction
activities.
AWE will complete a post-construction compliance letter report with preconstruction and post-
construction photos for transmittal to the regulatory agencies (e.g., CDFW, USFWS, and
NMFS). Preconstruction photos will be taken concurrent with the preconstruction biological
resource surveys (Task 7.2). AWE will prepare the letter report for submittal, and the County
will review the letter report before the County submits the report to the regulatory agencies.
AWE will provide the report in electronic (Word and pdf) format.
Task 7.5 Bat and Bird Exclusion
AWE understands bat biology, is familiar with the many bat species that inhabit the Central
Valley and Sierras, and knows that timing for the exclusion is critical when scheduling
construction. AWE’s approach to bat exclusion is to identify the species of bat using the structure
(see Task 4.1.1 above), determine how the bridge is used (e.g., day roost/ maternity roost), and
coordinate early with CDFW to identify work windows and exclusion methods that are
acceptable to the agency given the site-specific conditions. Based on a January 2020 inspection
of the bridge, the main seam joint shows evidence of bat use and swallow nests can be found on
the underside (beam and soffit) of the bridge.
In compliance with CDFW requirements, AWE and CBE will prepare a bat exclusion plan to
plan for humane exclusion of bats before bridge removal... The bat exclusion plan will describe
the timing, method, and location of proposed bat exclusion measures. AWE will submit the bat
exclusion plan to CDFW for approval at least 30 days prior to exclusion activities. All bat
exclusion activities will simultaneously act as bird exclusion.
After CDFW approves the plan, and before the maternity season (April 16 – Aug 31), AWE/CBE
will inspect the crevices and seams of the bridge using a high powered tactical light and
endoscope. CBE will install exclusion devices to allow the bats to emerge from crevices, but not
Area West Environmental, Inc. 24
North Fork Road Bridge over the San Joaquin River
re-enter. Exclusion will involve safe removal of bats from the underpinning/expansion joints of
the bridge. CBE would install one-way devices that allow bats to exit on their own. To give
them ample time to exit, exclusion should be in place for at least 14 days before the devices are
sealed before bridge demolition begins. This should be done 30-60 days prior to construction.
The bridge will be inspected and once biologists confirm that no bats remain, CBE will hardwire
cloth the seams to permanently seal the seam/crevicesto prevent bats from returning to the
bridge. The use of a negative degree manlift or bridge inspection scaffolding will be required.
Environmental Deliverables Schedule
County of Fresno – Environmental Services:
North Fork Road Bridge over the San Joaquin River
Deliverable Date(s)*
Preliminary Environment Study
Preliminary Environment Study 12/17/2020
Field Review 01/06/2020
Stakeholder and Resource Agency Coordination
Stakeholder and Resource Agency Outreach Ongoing
Technical Studies
Paleontological Identification Report/Evaluation Report 5/14/2021
Initial Site Assessment 5/14/2021
Natural Environment Study 6/10/2021
Aquatic Resources Delineation 6/10/2021
Water Quality Assessment Report 6/15/2021
Archaeological Survey Report and Historic Property Survey Report 6/15/2021
Section 4(f) Report 7/9/2021
Noise Study Report 7/9/2021
Air Quality Report and Conformity Analysis 7/9/2021
USFWS Biological Assessment 7/23/2021
NMFS Biological Assessment 7/23/2021
Visual Impacts Assessment Technical Memorandum 8/6/2021
Community Impact Assessment 8/6/2021
CEQA / NEPA Support
Admin Draft Initial Study/ Environmental Assessment 12/15/2021
Public Draft Initial Study/ Environmental Assessment 3/14/2022
Final Initial Study/ Environmental Assessment 5/15/2022
Receive NEPA Clearance 5/21/2022
Environmental Permit Applications
Section 404 Clean Water Act Permit Application 6/10/2022
Section 401 Water Quality Certification Application 6/10/2022
1602 Lake and Streambed Alteration Agreement Application 6/10/2022
Section 2081 Consistency Determination Application 6/10/2022
Central Valley Flood Protection Board Permit Application 6/10/2022
State Lands Commission Land Use Lease Application 6/10/2022
Bidding and Construction Services
Bidding Assistance/ Plan Review 10/19 – 12/20/2022
Bird/Bat Exclusion 1/24 – 2/21/2023
Preconstruction Surveys 6/12 – 6/15/2023
Worker Environmental Awareness Training/Construction Monitoring 6/15 – 10/15/2023
*Dates for submittal of draft documents for County or Caltrans review
Exhibit E
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Area West Environmental, Inc.
Project No.North Fork Road Bridge R Contract No.Date 9/8/2020
DIRECT LABOR
Classification/Title Name Range Hours Initial Hourly Rate Total
Principal Rozumowicz-Kodsuntie,
Rebecca*$65-$115 238 @ $68.00 $16,184.00
CEQA/NEPA Specialist Dour-Smith, Aimee*$38-$100 694 @ 59.23$ $41,105.62
Planner III Brinkman, Cory $38-$60 864 @ 38.00$ $32,832.00
Biologist III Munger, Corinne $35-$70 688 @ 41.00$ $28,208.00
Biologist III Keeler, Sara $35-$70 0 @ 35.00$ $0.00
Sr. Biologist/ Botanist Bailey, Mary $40-$75 108 @ $50.00 $5,400.00
Water Quality Specialist Loomis, James $32-$80 78 @ 35.00$ $2,730.00
Planner I Kantner, Saraah $20-$30 314 @ 24.00$ $7,536.00
Public Outreach Technician Haro, Gabriel $30-$60 174 @ 20.00$ $3,480.00
GIS I Viveros-Cardenas, Cristia $18-$40 208 @ $28.00 $5,824.00
Technician Kovet, Milo $13-$30 278 @ 20.00$ $5,560.00
Project Accountant I Hecox, Ericka $20-$35 44 @ 25.00$ $1,100.00
Sr. Graphic Designer Kodsuntie, Tawatchai $45-$80 58 @ 57.98$ $3,362.84
Biologist I Richardson, Arthur $18-$45 420 @ 26.00$ $10,920.00
Biologist I Rabbass, Elise (Chaim)$18-$45 128 @ 22.00$ $2,816.00
Environmental Specialist I Mummert, Mark $18-$40 100 @ 29.90$ $2,990.00
Sr. GIS Specialist Fremont, Matthew $40-$100 0 @ 58.00$ $0.00
GIS I Patterson, Joshua $18-$40 0 @ 31.25$ $0.00
Technician Aiken, Mikhela $13-$30 0 @ 13.00$ $0.00
Technician Drake, Emily $13-$30 0 @ 17.00$ $0.00
Biologist I Kim, Caroline $18-$45 0 @ 30.00$ $0.00
4,394 $170,048.46
LABOR COSTS
a) Subtotal Direct Labor Costs $170,048.46
b) Anticipated Salary Increases (see page 2 for calculations)$4,104.12
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]174,152.58$
INDIRECT COSTS
d) Fringe Benefits Rate: 84.99%148,012.28$
Overhead Rate:-$
h) General and Administrative Rate: 46.55%81,068.03$
131.54%
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]229,080.30$
FIXED FEE 10.00%40,323.29$
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
32,370 mile 0.575$ 18,612.75$
day at cost -$
48 day at state rate 5,184.00$
95 varies at state rate 4,370.00$
varies at cost 24,400.00$
Permit Fees - paid by County lump sum at cost -$
Insurance 30-day cancellation (per additional insured)1 per certification 105.00$ 105.00$
Equipment: GPS 9 day at cost 1,350.00$
Bat survey review lump sum at cost 2,500.00$
Printing/Reproduction/Postage 5,650 per page at cost 2,825.00$
l) TOTAL OTHER DIRECT COSTS 59,346.75$
EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
g) Overhead [(c) x (f)]
i) Gen & Admin [(c) x (h)]
e) Total fringe benefits [(c) x (d)]
Prime Consultant Subconsultant 2nd Tier Subconsultant
Fresno County (TBD)
Travel: lodging (at state travel rate)
Travel: vehicle rental and gas
Travel: mileage costs (at federal travel rate)
Bat exclusion materials and installation
Travel: meals (at state travel rate)
SCHEDULE OF OTHER DIRECT COST ITEMS
Quantity Unit Unit Cost TotalDESCRIPTION OF ITEM
X
Page 1 of 3
January 2018
Exhibit F
• • •
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
DIRECT LABOR
Classification/Title Name Range Hours Initial Hourly Rate Total
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1: AMBIENT Air Quality & Noise Consulting 31,510.89$
Subconsultant 2: Blackburn Consulting 37,275.84$
Subconsultant 3: Far Western Anthropological Research Group 50,315.95$
Subconsultant 4: JRP Historical Consulting 4,416.75$
Subconsultant 5: Tallac Applied Ecology & Design 35,434.46$
Subconsultant 6: Earthview Science 11,827.20$
m) SUBCONSULTANTS' COSTS m) SUBCONSULTANTS' COSTS 170,781.09$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]230,127.84$
TOTAL COST [(c) + (j) + (k) +(n)] 673,684.01$
NOTES:
Invoices will be based on staff actual hourly pay rates at the time work is conducted, multiplied by the contracted overhead rate and fixed fee noted above. Subconsultant and Direct Costs will
be billed at actual cost. The same Overhead rate will be used for all years for multi-year contracts. Overtime hours for non-exempt staff will be billed at overtime rates based on actual hourly
pay rate established in California state law (i.e., 1.5 times the pay rate for hours worked over 8 hours).
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must
comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. 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.
3. Anticipated salary increases calculations (page 2) must accompany.
Page 1 of 3
January 2018
EXHIBIT 10-H1
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct
Labor Subtotal per
Cost Proposal
Total Hours per
Cost Proposal
Avg
Hourly
Rate
$170,048.46 /4,394.0 = $38.70
2. Calculate hourly rate for all years (Increase the Average hourly rate for a year by proposed escalation %)
Avg Hourly Rate Proposed Escalation
Year 1 $38.70 +3.0%= $39.86
Year 2 $39.86 +3.0%= $41.06
Year 3 $41.06 +3.0%= $42.29
Year 4 $42.29 +3.0%= $43.56
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 35%*4,394.0 =1,537.9
Year 2 50%*4,394.0 =2,197.0
Year 3 15%*4,394.0 =659.1
Year 4 *4,394.0 =0.0
Year 5 *4,394.0 =0.0
Total 100%Total =4,394.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per
Year
Year 1 38.70$ *1,537.9 =$59,516.96
Year 2 39.86$ *2,197.0 =$87,574.96
Year 3 41.06$ *659.1 =$27,060.66
Year 4 42.29$ *0.0 =$0.00
Year 5 43.56$ *0.0 =$0.00
Total Direct Labor Cost with Escalation =$174,152.58
Direct Labor Subtotal before escalation =$170,048.46
Estimated total of Direct Labor Salary Increase =$4,104.12
NOTES:
1.
2.
3.
4.
5 Year
Contract
Duration
EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Estimated Hours Year 2
Year 1 Avg
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Estimated Hours Year 1
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided.
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page 1
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e.
Page 2 of 3
January 2018
Certification of Direct Costs
1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the contract
3 Title 23 United States Code Section 112 - Letting of Contracts
4 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
Engineering and Design Related Services
6 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
Prime Consultant or Suconsultant Certifying:
Name:Title*:
Signature:
Email:
Address:
List services the consultant is providing under this proposed contract:
Environmental compliance services
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in
the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant
with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost
Rate(s).
Becky Rozunowicz-Kodsuntie President
Date of Certification (mm/dd/yyyy):9/8/2020
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
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:
6248 Main Avenue, Suite #C, Orangevale, CA 95662
Page 3 of 3
January 2018
*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.
b ec k y@ar eaw es t .n et Phone Number:1-916/987-3362
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No.Contract No.TBD Fresno County Date 1/28/2020
DIRECT LABOR
Hours Actual Hourly Rate Total
204 $84.00 $17,136.00
$0.00
$0.00
$0.00
$0.00
$0.00
LABOR COSTS
a) Subtotal Direct Labor Costs $17,136.00
b) Anticipated Salary Increases (see page 2 for calculation)$0.00
c)TOTAL DIRECT LABOR COSTS [(a) + (b)]$17,136.00
INDIRECT COSTS
d) Fringe Benefits (Rate:6.99%) e) Total Fringe Benefits [(c) x (d)]$1,197.81
f) Overhead (Rate: 60.18%) g) Overhead [(c) x (f)]$10,312.44
h) General and Administrative (Rate: ) i) Gen & Admin [(c) x (h)]$0.00
j)TOTAL INDIRECT COSTS [(e) + (g) + (i)]$11,510.25
FIXED FEE k)TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ]
$2,864.63
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Quantity Unit(s) Unit Cost Total
0 mile 0.58 $0.00
$0.00
$0.00
$0.00
l)TOTAL OTHER DIRECT COSTS $0.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary)
Subconsultant 1:$0.00
m) TOTAL SUBCONSULTANT'S COSTS $0.00
n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]$0.00
TOTAL COST [(c) + (j) + (k) + (n)]$31,510.88
NOTES:
Principal Kurt Legleiter
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Classification/Title Name
North Fork Rd Bridge
AMBIENT Air Quality & Noise Consulting
Mileage Costs
Description of Item
3.Anticipated salary increases calculation (page 2) must accompany.
1.Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be markedwith 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. Indirect cost rates shall be updated on an annual basis in accordance with theconsultant’s annual accounting
period and established by a cognizant agency or accepted by Caltrans.
Prime Consultant
Subconsultant 2nd Tier Subconsultant
January 2018
• •
Local Assistance Procedures Manual Exhibit 10-H1
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$17,136.00 =84 Year 1 Avg Hourly Rate
Avg Hourly
Rate
Year 1 $84.00 +=$88.20 Year 2 Avg Hourly Rate
Year 2 $88.20 +=$92.61 Year 3 Avg Hourly Rate
Year 3 $92.61 +=$97.24 Year 4 Avg Hourly Rate
Year 4 $97.24 +=$102.10 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% *=204.0 Estimated Hours Year 1
Year 2 0.00%*=0.0 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100%=204.0
Year 1 $84.00 *=17136 Estimated Hours Year 1
Year 2 $88.20 *=$0.00 Estimated Hours Year 2
Year 3 $92.61 *=$0.00 Estimated Hours Year 3
Year 4 $97.24 *=$0.00 Estimated Hours Year 4
Year 5 $102.10 *=$0.00 Estimated Hours Year 5
=$17,136.00
=$17,136.00
=$0.00 Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Direct Labor Subtotal before EscalationEstimated total of Direct Labor Salary
Increase
204
0
0
0
0
Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours Cost per Year(calculated above)(calculated above)
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Estimated %Total Hours
Completed Each Year per Cost Proposal
204.0
204.0
204.0
204.0
204.0
Total
per Cost Proposal per Cost Proposal
204
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
5.0%
5.0%
5.0%
5.0%
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Direct Labor Subtotal Total Hours
January 2018
----
Local Assistance Procedures Manual Exhibit 10-Hl
Cost Proposal
EXHIBIT 10-Hl COST PROPOSAL Pagc3of3
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 tenns and the following requirements:
I. Generally Accepted Accounting Principles (GAAP)
2. Tenns and conditions of the contract
3. Title 23 United States Code Section 112 -Letting of Contracts
4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures
S. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration ofEngineering
and Design Related Service
6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained
in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant
with the federal and state requirements are not eligible for reimbursement
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost
Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Title•: Principal
Date of Certification (mm/dd/yyyy_J_f1P,_aJ_2_0 _____ _
Email:
Address:
Phone Number: 805.226.2727
Suite 201 Paso Robles CA 93446
al executive or financial otlicer ofthe consultant's or subconsultant's organization at a
r than a Vice President or a Chief Financial Officer, or equivalent, who has authority to
financial infonnation utilized to establish the cost proposal for the contract
List services the consu tant is rovidin under the ro sed contract:
Tasks: Air Quality Re rt, Air Quality Confonnity Analysis, Hydroacoustic Analysis, and Noise Study Rep
LPP15-0I January 2018
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Initial Site Assessment (ISA)
Consultant:Blackburn Consulting Fresno County N. Fork Rd. Bridge on San Joaquin
Project No. Contract No.Date
Home ICR
Hours Actual Hourly Rate Total
1.00 65.99$ 65.99$
0.00 55.92$ -$
1.00 46.45$ 46.45$
15.00 40.12$ 601.80$
29.00 35.00$ 1,015.00$
3.00 34.84$ 104.52$
2.00 20.00$ 40.00$
-$
LABOR COSTS 51.00
1,873.76$
-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]1,873.76$
INDIRECT COSTS
0.00% )e) Total Fringe Benefits [(c) x (d)]-$
206.63% )g) Overhead [(c) x (f)]3,871.75$
)i) Gen & Admin [(c) x (h)]-$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]3,871.75$
FIXED FEE k)TOTAL FIXED FEE [(c) + (j)] x fixed fee:10%574.55$
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Quantity Unit Unit Cost Total
346.00 Mile 0.580$ 200.68$
1.00 Report 350.00$ 350.00$
-$
l) TOTAL OTHER DIRECT COSTS 550.68$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
-$
-$
-$
-$
m) TOTAL SUBCONSULTANTS' COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]550.68$
TOTAL COST [(c) + (j) + (k) + (n)]6,870.74$
NOTES:
1.
2.
3.
Page 1 of 4
Sr. Project Manager Staff
Project Manager Staff
Project Engineer Staff
Sr. Engineer / Geologist Staff
Drafter/CAD Staff
Assistant Staff
Principal Staff
Note: Mark-ups are Not Allowed
DIRECT LABOR
Classification/Title Name
Anticipated salary increases calculation (page 2) must accompany.
Subconsultant 1:
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:
Description of Item
Mileage @ IRS rate
Records Search
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two
asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
The cost proposal format shall not be amended. 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.
--------• • •
1/28/2020
I I
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Environment Impacts of Geology and Soil
Consultant:Blackburn Consulting Fresno County N. Fork Rd. Bridge on San Joaquin
Project No. Contract No.Date 6/4/2020
Home ICR
Hours Actual Hourly Rate Total
4.00 65.99$ 263.96$
0.00 55.92$ -$
30.00 46.45$ 1,393.50$
0.00 40.12$ -$
0.00 35.00$ -$
3.00 34.84$ 104.52$
4.00 20.00$ 80.00$
-$
LABOR COSTS 41.00
1,841.98$
-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]1,841.98$
INDIRECT COSTS
0.00% )e) Total Fringe Benefits [(c) x (d)]-$
206.63% )g) Overhead [(c) x (f)]3,806.08$
)i) Gen & Admin [(c) x (h)]-$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]3,806.08$
FIXED FEE k)TOTAL FIXED FEE [(c) + (j)] x fixed fee:10%564.81$
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Quantity Unit Unit Cost Total
0.00 Mile 0.580$ -$
0.00 Report 350.00$ -$
-$
l) TOTAL OTHER DIRECT COSTS -$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
-$
-$
-$
-$
m) TOTAL SUBCONSULTANTS' COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]-$
TOTAL COST [(c) + (j) + (k) + (n)]6,212.87$
NOTES:
1.
2.
3.
Page 1 of 2
Assistant Staff
Sr. Project Manager Staff
Project Manager Staff
Project Engineer Staff
Subconsultant 3:
Subconsultant 4:
Principal Staff
Note: Mark-ups are Not Allowed
DIRECT LABOR
Classification/Title Name
Sr. Engineer / Geologist Staff
Drafter/CAD Staff
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two
asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
The cost proposal format shall not be amended. 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.
Anticipated salary increases calculation (page 2) must accompany.
Subconsultant 1:
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation)
d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:
Description of Item
Mileage @ IRS rate
Records Search
Subconsultant 2:
--------• • •
I I
Consultant Fresno County N. Fork Rd. Bridge on San Joaquin
Project No. Contract No.Date 1/28/2020
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$ 2,759.37 = $ 45.24 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 45.24 += $ 46.14 Year 2 Avg Hourly Rate
Year 2 $ 46.14 += $ 47.06 Year 3 Avg Hourly Rate
Year 3 $ 47.06 += $ 48.00 Year 4 Avg Hourly Rate
Year 4 $ 48.00 += $ 48.96 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00%*=61.0 Estimated Hours Year 1
Year 2 0.00%*=0.0 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100%=61.0
Year 1 $ 45.24 *= $ 2,759.37 Estimated Hours Year 1
Year 2 $ 46.14 *= $ - Estimated Hours Year 2
Year 3 $ 47.06 *= $ - Estimated Hours Year 3
Year 4 $ 48.00 *= $ - Estimated Hours Year 4
Year 5 $ 54.12 *= $ - Estimated Hours Year 5
= $ 2,759.37
= $ 2,759.37
= $ - Transfer to Page 1
NOTES:
1.
2.
3.
4.
Page 3 of 4
CALCUATIONS FOR ANTICIPATED SALARY INCREASES
Blackburn Consulting
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
2%
2%
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
61
Completed Each Year per Cost Proposal
61.0
61.0
61.0
61.0
2%
2%
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
61.0
Total
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above)(calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a
breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is
not an acceptable methodology).
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided.
61
0
0
0
0
Total Direct Labor Cost with Escalation
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Environment Impacts of Geology and Soil
Consultant:Blackburn Consulting Fresno County N. Fork Rd. Bridge on San Joaquin
Project No. Contract No.Date 6/4/2020
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract
are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and
Design Related Service
6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files
and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements
are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).
List services the consultant is providing under the proposed contract:
Page 2 of 2
Note: Mark-ups are Not Allowed
Email: __wendys@blackburnconsulting.com_______________________ Phone number: ___530-887-1494_______________________
Address: __Blackburn Consulting, 11521 Blocker Dr., Ste. 110, Auburn, CA 95603_____________________________________________
* 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.
Geotechnical services for Fresno County North Fork Rd. Bridge on San Joaquin River project.
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
Name: _____Wendy Supinger_________________________________ Title *: ___Principal___________________________________
Signature: _________________________________________________ Date of Certification: ___06/04/2020_______________________
• • •
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Preliminary Site Assessment (PSA)
Consultant:Blackburn Consulting Fresno County N. Fork Rd. Bridge on San Joaquin
Project No. Contract No.Date 9/8/2020
Home ICR
Hours Actual Hourly Rate Total
4.00 65.99$ 263.96$
13.00 55.92$ 726.96$
0.00 46.45$ -$
24.00 40.12$ 962.88$
40.00 35.00$ 1,400.00$
4.00 34.84$ 139.36$
5.00 20.00$ 100.00$
-$
LABOR COSTS 90.00
3,593.16$
-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]3,593.16$
INDIRECT COSTS
0.00% )e) Total Fringe Benefits [(c) x (d)]-$
206.63% )g) Overhead [(c) x (f)]7,424.55$
)i) Gen & Admin [(c) x (h)]-$
j)TOTAL INDIRECT COSTS [(e) + (g) + (i)]7,424.55$
FIXED FEE k)TOTAL FIXED FEE [(c) + (j)] x fixed fee:10%1,101.77$
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Quantity Unit Unit Cost Total
210.00 Mile 0.575$ 120.75$
1.00 Each 4,032.00$ 4,032.00$
-$
l) TOTAL OTHER DIRECT COSTS 4,152.75$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
6,000.00$
1,920.00$
-$
-$
m) TOTAL SUBCONSULTANTS' COSTS 7,920.00$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]12,072.75$
TOTAL COST [(c) + (j) + (k) + (n)]24,192.23$
NOTES:
1.
2.
3.
Page 1 of 4
Note: Mark-ups are Not Allowed
DIRECT LABOR
Classification/Title Name
Principal Staff
Sr. Project Manager Staff
Project Manager Staff
b) Anticipated Salary Increases (see page 2 for calculation)
Sr. Engineer / Geologist Staff
Project Engineer Staff
Drafter/CAD Staff
Assistant Staff
a) Subtotal Direct Labor Costs
Subconsultant 2:Specialty vendor (traffic control)
d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:
Description of Item
Mileage @ IRS rate
Laboratory analysis
Subconsultant 1:Specialty vendor (driller)
Subconsultant 3:
Subconsultant 4:
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two
asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
The cost proposal format shall not be amended. 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.
Anticipated salary increases calculation (page 2) must accompany.
--------• • •
I I
Consultant
Project No. Contract No.
Fresno County N. Fork Rd. Bridge on San Joaquin
Date 2020
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$ - =#DIV/0! Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 #DIV/0!+=#DIV/0! Year 2 Avg Hourly Rate
Year 2 #DIV/0!+=#DIV/0! Year 3 Avg Hourly Rate
Year 3 #DIV/0!+=#DIV/0! Year 4 Avg Hourly Rate
Year 4 #DIV/0!+=#DIV/0! Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00%*=0.0 Estimated Hours Year 1
Year 2 0.00%*=0.0 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100%=0.0
Year 1 #DIV/0!*=#DIV/0! Estimated Hours Year 1
Year 2 #DIV/0!*=#DIV/0! Estimated Hours Year 2
Year 3 #DIV/0!*=#DIV/0! Estimated Hours Year 3
Year 4 #DIV/0!*=#DIV/0! Estimated Hours Year 4
Year 5 $ 54.12 *= $ - Estimated Hours Year 5
=#DIV/0!
= $ -
=#DIV/0!Transfer to Page 1
NOTES:
1.
2.
3.
4.
Page of
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a
breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is
not an acceptable methodology).
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided.
0
0
0
0
0
Total Direct Labor Cost with Escalation
0.0
Total
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above)(calculated above)
Completed Each Year per Cost Proposal
0.0
0.0
0.0
0.0
2%
2%
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
2%
2%
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
0
CALCUATIONS FOR ANTICIPATED SALARY INCREASES
Blackburn Consulting
4/13
2 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract
are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and
Design Related Service
6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files
and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements
are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).
List services the consultant is providing under the proposed contract:
Page of
Email: __wendys@blackburnconsulting.com_______________________ Phone number: ___530-887-1494_______________________
Address: __Blackburn Consulting, 11521 Blocker Dr., Ste. 110, Auburn, CA 95603_____________________________________________
* 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.
for Fresno County North Fork Rd. Bridge on San Joaquin River project.
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
Name: _____Wendy Supinger_________________________________ Title *: ___Principal___________________________________
Signature: _________________________________________________ Date of Certification: ___04/13/2020_______________________
Preliminary Sile~ (Optional Tak)
:a a
Local Assistance ProceduresManual EXHIBIT10-H1
Cost Proposal
Page 1 of 9
January2018
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed Prime Consultant X Subconsultant
Consultant Earthview Science
Project No.
DIRECTLABOR
Contract No. Date
Classification/Title Name Hours Actual Hourly Rate Total
(Project Manager)$ $
(Sr. Civil Engineer) $ $
Sr. Paleontologist MariaElena Conserva 80 $ 64 $ 5120
(Inspector) $ $
LABOR COSTS
a)Subtotal Direct Labor Costs $
b)Anticipated Salary Increases (see page 2 for calculation)$ 0
c)
d)TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 5120
INDIRECT COSTS
e)Fringe Benefits (Rate: %) e) Total Fringe Benefits [(c) x (d)] $
f) Overhead (Rate:%) g) Overhead [(c) x (f)] $
h) General and Administrative (Rate:%) i) Gen & Admin [(c) x (h)] $
j)TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 5632
FIXED FEE k)TOTAL FIXED FEE [(c) + (j)] x fixed fee 10%] $ 1,075.20
l)CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary)
Description of Item Quantity Unit Unit Cost Total
MileageCosts $$0
Equipment Rental and Supplies $$0
Permit Fees $$0
PlanSheets $$0
Test $ $0
l)TOTAL OTHER DIRECT COSTS $ 0
m)SUBCONSULTANTS’ COSTS (Add additional pages if necessary)
n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $
TOTAL COST [(c) + (j) + (k) + (n)] $ $11,827.20
NOTES:
1. 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. Indirect cost rates should be based on consultant’s annual accounting period
and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
m)TOTALSUBCONSULTANTS’COSTS $
• •
Local Assistance ProceduresManual EXHIBIT10-H1
Cost Proposal
Page 2 of 9
January2018
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
DirectLabor
Subtotal per Cost
Proposal
Total Hours per
CostProposal
Avg
Hourly
Rate
5 Year
Contract
Duration
$5,120.00 80 = $64.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate forall years (Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Rate ProposedEscalation
Year 1 $64.00 + 3% = $65.92 Year 2 Avg Hourly Rate
Year 2 $65.92 + 3% = $67.90 Year 3 Avg Hourly Rate
Year 3 $67.90 + 3% = $69.93 Year 4 Avg Hourly Rate
Year 4 $69.93 +3%=$72.03 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 100.0% * 80.0 = 80 Estimated Hours Year 1
Year 2 0.0%*=Estimated Hours Year 2
Year 3 0.0%*=Estimated Hours Year 3
Year 4 0.0%*=Estimated Hours Year 4
Year 5 0.0%*=Estimated Hours Year 5
Total 100%Total = 80
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimatedhours Cost per
(calculated above) (calculated above)Year
Year 1 $64.00 *80 =$5,120.00 Estimated Hours Year 1
Year 2 $65.92 * 0 =$0.00 Estimated Hours Year 2
Year 3 $67.90 * 0 =$0.00 Estimated Hours Year 3
Year 4 $69.93 * 0 =$0.00 Estimated Hours Year 4
Year 5 $72.03 * 0 =$0.00 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $5,120.00
Direct Labor Subtotal before Escalation = $5,120.00
Estimated total of Direct Labor Salary Increase = $0.00 Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the #
of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Page 3 of 9
January 2018
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the
contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3.Title 23 United States Code Section 112 - Letting of Contracts
4.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5.23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
Engineering and Design Related Service
6.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect
Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: MariaElena Conserva Title *: Owner
Signature : Date of Certification (mm/dd/yyyy): 11/4/19
Email:mariaelena@earthviewscience.com Phone Number: 510.384.2545
Address: 5921 Fremont Street, Oakland, CA 94608
*An individual executive or financial officer of the c
no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent
the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
- Paleontology
onsultant's or subconsultant's organization at a level
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant
Subconsultant Far Western Anthropological Research Group, Inc.
Project No. North Fork Road Bridge - ASR Contract No.Date August 28, 2020
DIRECT LABOR (REGULAR EMPLOYEES)
Classification/Title Name Hours Actual Hourly Rate Total
Principal Investigator Whitaker, Adrian 8 65.92$ 527.36$
Principal Investigator DeBaker, Cassidy 10 52.02$ 520.20$
Principal Investigator Hyde, David 8 42.84$ 342.72$
Geoarchaeologist Scher, Naomi 16 43.86$ 701.76$
Senior Archaeologist Buonasera, Tammy 40 32.00$ 1,280.00$
GIS Director DeArmond, Shannon 4 42.84$ 171.36$
GIS Analyst Stotz, Nicole 12 27.34$ 328.08$
Production Supervisor Pardee, Michael 7 30.00$ 210.00$
Production Assistant Sterling, Liz 14 27.04$ 378.56$
Staff Archaeologist Hanrahan, Kathleen 12 26.00$ 312.00$
Staff Archaeologist Kuypers, Martijn 12 26.00$ 312.00$
Logistics Coordinator Townsend, Valarie 2 26.00$ 52.00$
Asst Financial Analyst Chavez, Monika 6 30.00$ 180.00$
LABOR COSTS (REGULAR EMPLOYEES)
a) Subtotal Direct Labor Costs 5,316.04$
b) Anticipated Salary Increases (see page 2 for sample)15.95$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]5,331.99$
FRINGE BENEFITS (REGULAR EMPLOYEES)
d) Fringe Benefits Rate:63.52%e) TOTAL FRINGE BENEFITS
[(c) x (d)]3,386.88$
INDIRECT COSTS (REGULAR EMPLOYEES)
f) Overhead Rate:30.10%g) Overhead [(c) x (f)]1,604.93$
h) General and Administrative Rate: 30.09%
i) Gen & Admin [(c) x (h)]1,604.40$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]6,596.20$
FIXED FEE
k) TOTAL FIXED PROFIT [(c) + (j) x fixed fee 10.00% ] 1,192.82$
DIRECT LABOR (TEMPORARY EMPLOYEES)
Classification/Title Name Hours Actual Hourly Rate Total
Staff Archaeologist Davis, Kathy 28.00$ -$
LABOR COSTS (TEMPORARY EMPLOYEES)
a) Subtotal Direct Labor Costs -$
b) Anticipated Salary Increases (see page 2 for sample)-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]-$
FRINGE BENEFITS (TEMPORARY EMPLOYEES)
d) Fringe Benefits Rate:22.65%e) TOTAL FRINGE BENEFITS
[(c) x (d)]-$
INDIRECT COSTS (TEMPORARY EMPLOYEES)
f) Overhead Rate:12.74%g) Overhead [(c) x (f)]-$
h) General and Administrative Rate: 12.74%
i) Gen & Admin [(c) x (h)]-$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]-$
FIXED FEE
k) TOTAL FIXED PROFIT [(c) + (j) x fixed fee 10.00% ]-$
l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
EXHIBIT 10-H1SAMPLE COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE)CONTRACTS
(DESIGN,ENGINEERING, AND ENVIRONMENTAL STUDIES)
• •
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant
Subconsultant Far Western Anthropological Research Group, Inc.
Project No. North Fork Road Bridge - ASR Contract No.Date August 28, 2020
EXHIBIT 10-H1SAMPLE COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE)CONTRACTS
(DESIGN,ENGINEERING, AND ENVIRONMENTAL STUDIES)
Description of Item Quantity Total
Per Diem (Motel)2 198.00$
Meals/Incidentals 4 184.00$
Vehicle Rental (day)2 210.00$
Gasoline 0 180.00$
Communication 0 300.00$
Reproduction 0 150.00$
Record Search 0
l)TOTAL OTHER DIRECT COSTS 1,222.00$
m)SUBCONSULTANT'S COSTS (Add additional pages if necessary)Total
m)TOTAL SUBCONSULTANT'S COSTS -$
n) TOTAL OTHER DIRECT COSTS [(l) + (m)]1,222.00$
TOTAL COST [(c) + (j) + (k) + (n)]14,343.01$
NOTES:
Page 1 of 9
January 2018
Unit
Nightly
Unit Cost
$99.00
Daily
Day
At Cost
At Cost
At Cost
At Cost
$46.00
$70.00
$0.00
$0.00
$0.00
$0.00
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked
with two asterisks (**). All Costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on a an annual basis in accordance with the
consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increase calculation (page 2) must accompany
• •
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Subconsultant Far Western Anthropological Research Group, Inc. Contract No. Date August 28, 2020
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$ 5,316.04 =$35.21 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $35.21 +=$35.21 Year 1 Avg Hourly Rate
Year 2 $35.21 +=$36.26 Year 2 Avg Hourly Rate
Year 3 $36.26 +=$37.35 Year 3 Avg Hourly Rate
Year 4 $37.35 +=$38.47 Year 4 Avg Hourly Rate
Year 5 $38.47 +=$39.62 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 90.00%*=135.9 Estimated Hours Year 1
Year 2 10.00%*=15.1 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100% =151.0
Year 1 $35.21 *=$4,784.44 Estimated Hours Year 1
Year 2 $36.26 *=$547.55 Estimated Hours Year 2
Year 3 $37.35 *=$0.00 Estimated Hours Year 3
Year 4 $38.47 *=$0.00 Estimated Hours Year 4
Year 5 $39.62 *=$0.00 Estimated Hours Year 5
=$5,331.99
=$5,316.04
=$15.95 Transfer to Page 1
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided.
Page 2 of 9
January 2018
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
136
15
0
0
0
Total Direct Labor Cost with Escalation
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above)(calculated above)
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
151.0
151.0
151.0
151.0
151.0
3%
per Cost Proposal per Cost Proposal
151
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
0%
3%
3%
3%
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE)CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Direct Labor Subtotal Total Hours
LPP 15-01 January 14, 2015
1.
2.
3.
4.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant
Subconsultant Far Western Anthropological Research Group, Inc.
Project No. North Fork Road Bridge - Optional Extended Phase I Contract No.Date Nov. 5, 2019
DIRECT LABOR (REGULAR EMPLOYEES)
Classification/Title Name Hours Actual Hourly Rate Total
Principal Investigator Whitaker, Adrian 4 63.04$252.16$
Geoarchaeologist Scher, Naomi 92 41.00$3,772.00$
GIS Director DeArmond, Shannon 6 42.00$252.00$
GIS Analyst Stotz, Nicole 20 26.80$536.00$
Lab Director Harold, Laura 2 37.00$74.00$
Lab Assistant Eubanks, Jill 2 25.50$51.00$
Production Supervisor Downey, Daniel 10 45.00$450.00$
Production Assistant Bucur, Sorana 20 26.50$530.00$
Production Assistant Montgomery, Kathleen 4 26.50$106.00$
Staff Archaeologist Lindley, Stephen 48 28.00$1,344.00$
Logistics Coordinator Townsend, Valarie 2 25.00$50.00$
Asst Financial Analyst Lopez, Estrella 6 27.54$165.24$
Operations Manager St. John Birney, Nicole 12 45.90$550.80$
LABOR COSTS (REGULAR EMPLOYEES)
a) Subtotal Direct Labor Costs 8,133.20$
b) Anticipated Salary Increases (see page 2 for sample)24.40$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]8,157.60$
FRINGE BENEFITS (REGULAR EMPLOYEES)
d) Fringe Benefits Rate:63.52%e) TOTAL FRINGE BENEFITS
[(c) x (d)]5,181.71$
INDIRECT COSTS (REGULAR EMPLOYEES)
f) Overhead Rate:30.10%g) Overhead [(c) x (f)]2,455.44$
h) General and Administrative Rate: 30.09%
i) Gen & Admin [(c) x (h)]2,454.62$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]10,091.77$
FIXED FEE
k) TOTAL FIXED PROFIT [(c) + (j) x fixed fee 10.00% ]1,824.94$
l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item Quantity Total
Per Diem (Motel)6 594.00$
Meals/Incidentals 6 276.00$
Vehicle Rental (day)4 280.00$
Gasoline 0 140.00$
Communication 0 200.00$
Reproduction 0 200.00$
AMS Radiocarbon 4 2,400.00$
Backhoe 16 1,680.00$
l)TOTAL OTHER DIRECT COSTS 5,770.00$
m)SUBCONSULTANT'S COSTS (Add additional pages if necessary)Total
1,156.00$
m)TOTAL SUBCONSULTANT'S COSTS 1,156.00$
n) TOTAL OTHER DIRECT COSTS [(l) + (m)]6,926.00$
TOTAL COST [(c) + (j) + (k) + (n)]27,000.30$
NOTES:
Page 1 of 9
January 2018
EXHIBIT 10-H1SAMPLE COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Unit
Nightly
Unit Cost
$99.00
Daily
Day
At Cost
At Cost
At Cost
$46.00
$70.00
$0.00
$0.00
Hourly
Per Sample
$105.00
$600.00
$0.00
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked
with two asterisks (**). All Costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on a an annual basis in accordance with the
consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increase calculation (page 2) must accompany.
Subconsultant: Native American
• •
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Subconsultant Far Western Anthropological Research Group, Inc. Contract No. Date Nov. 5, 2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$ 8,133.20 =$35.67 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $35.67 +=$35.67 Year 1 Avg Hourly Rate
Year 2 $35.67 +=$36.74 Year 2 Avg Hourly Rate
Year 3 $36.74 +=$37.84 Year 3 Avg Hourly Rate
Year 4 $37.84 +=$38.98 Year 4 Avg Hourly Rate
Year 5 $38.98 +=$40.15 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 90.00%*=205.2 Estimated Hours Year 1
Year 2 10.00%*=22.8 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100%=228.0
Year 1 $35.67 *=$7,319.88 Estimated Hours Year 1
Year 2 $36.74 *=$837.72 Estimated Hours Year 2
Year 3 $37.84 *=$0.00 Estimated Hours Year 3
Year 4 $38.98 *=$0.00 Estimated Hours Year 4
Year 5 $40.15 *=$0.00 Estimated Hours Year 5
=$8,157.60
=$8,133.20
=$24.40 Transfer to Page 1
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided.
Page 2 of 9
January 2018
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
205
23
0
0
0
Total Direct Labor Cost with Escalation
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above)(calculated above)
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
228.0
228.0
228.0
228.0
228.0
3%
per Cost Proposal per Cost Proposal
228
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
0%
3%
3%
3%
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Direct Labor Subtotal Total Hours
LPP 15-01 January 14, 2015
l.
2.
3.
4.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant
Subconsultant Far Western Anthropological Research Group, Inc.
Project No. North Fork Road Bridge - Optional Finding of Effect Contract No.Date Nov. 5, 2019
DIRECT LABOR (REGULAR EMPLOYEES)
Classification/Title Name Hours Actual Hourly Rate Total
Principal Investigator Whitaker, Adrian 4 63.04$ 252.16$
Principal Investigator DeBaker, Cassidy 32 51.00$ 1,632.00$
Principal Investigator Hyde, David 12 42.00$ 504.00$
GIS Director DeArmond, Shannon 2 42.00$ 84.00$
GIS Analyst Stotz, Nicole 6 26.80$ 160.80$
Production Supervisor Downey, Daniel 6 45.00$ 270.00$
Production Specialist Kramm, Jacqueline 10 29.08$ 290.80$
Production Assistant Bucur, Sorana 5 26.50$ 132.50$
Asst Financial Analyst Lopez, Estrella 2 27.54$ 55.08$
Operations Manager St. John Birney, Nicole 4 45.90$ 183.60$
LABOR COSTS (REGULAR EMPLOYEES)
a) Subtotal Direct Labor Costs 3,564.94$
b) Anticipated Salary Increases (see page 2 for sample)-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]3,564.94$
FRINGE BENEFITS (REGULAR EMPLOYEES)
d) Fringe Benefits Rate:63.52%e) TOTAL FRINGE BENEFITS
[(c) x (d)]2,264.45$
INDIRECT COSTS (REGULAR EMPLOYEES)
f) Overhead Rate:30.10%g) Overhead [(c) x (f)]1,073.05$
h) General and Administrative Rate: 30.09%
i) Gen & Admin [(c) x (h)]1,072.69$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]4,410.19$
FIXED FEE
k) TOTAL FIXED PROFIT [(c) + (j) x fixed fee 10.00% ]797.51$
l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Description of Item Quantity Total
Communication 0 100.00$
Reproduction 0 100.00$
l)TOTAL OTHER DIRECT COSTS 200.00$
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary)Total
m) TOTAL SUBCONSULTANT'S COSTS -$
n)TOTAL OTHER DIRECT COSTS [(l) + (m)]200.00$
TOTAL COST [(c) + (j) + (k) + (n)]8,972.64$
NOTES:
Page 1 of 9
January 2018
EXHIBIT 10-H1SAMPLE COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Unit Unit Cost
At Cost
At Cost
$0.00
$0.00
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked
with two asterisks (**). All Costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on a an annual basis in accordance with the
consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increase calculation (page 2) must accompany.
• • Ii:'.[
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Subconsultant Far Western Anthropological Research Group, Inc. Contract No. Date Nov. 5, 2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$ 3,564.94 =$42.95 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $42.95 +=$42.95 Year 1 Avg Hourly Rate
Year 2 $42.95 +=$44.24 Year 2 Avg Hourly Rate
Year 3 $44.24 +=$45.57 Year 3 Avg Hourly Rate
Year 4 $45.57 +=$46.93 Year 4 Avg Hourly Rate
Year 5 $46.93 +=$48.34 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00%*=83.0 Estimated Hours Year 1
Year 2 0.00%*=0.0 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100%=83.0
Year 1 $42.95 *=$3,564.94 Estimated Hours Year 1
Year 2 $44.24 *=$0.00 Estimated Hours Year 2
Year 3 $45.57 *=$0.00 Estimated Hours Year 3
Year 4 $46.93 *=$0.00 Estimated Hours Year 4
Year 5 $48.34 *=$0.00 Estimated Hours Year 5
=$3,564.94
=$3,564.94
=$0.00 Transfer to Page 1
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided.
Page 2 of 9
January 2018
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
83
0
0
0
0
Total Direct Labor Cost with Escalation
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above)(calculated above)
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
83.0
83.0
83.0
83.0
83.0
3%
per Cost Proposal per Cost Proposal
83
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
0%
3%
3%
3%
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Direct Labor Subtotal Total Hours
LPP 15-01 January 14, 2015
l.
2.
3.
4.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Page 3 of 9
January 2018
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the
contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of
Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. C osts that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect
Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Paul Brandy Title *: Principal/CFO
Signature:
Date of Certification (mm/dd/yyyy): Nov. 5, 2019
Email: paul@farwestern.com Phone Number: (530) 756-3941
Address: 2727 Del Rio Place, Suite A, Davis, California 95618
* organization at a level
no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent
the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Cultural Resources (archaeology) Management
/
An individual executive or fmancial officer of the consultant's or subconsultant's
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Consultant:Subconsultant
Project No.North Fork Road Bridge Contract No.TBD - County of Fresno Date:6/12/2020
Direct Labor HPSR only
Hours Actual Hourly Rate Total
12.0 $68.97 $827.64
16.0 $33.10 $529.60
10.0 $20.50 $205.00
2.0 $27.07 $54.14
2.0 $28.55 $57.10
2.0 $21.50 $43.00
44.0 $1,716.48
LABOR COSTS
a) Subtotal Direct Labor Costs $1,716.48
b)Anticipated Salary Increases (Note 3)$46.34
c)TOTAL DIRECT LABOR COSTS [(a)+(b)] $1,762.82
INDIRECT COSTS
d)Fringe Benefits (Rate):52.690% e)Total Fringe Benefits [(c) × (d)] $928.83
f)Overhead (Rate):33.430%g)Overhead [(c) × (f)] $589.31
h)28.420% i)Gen & Admin [(c) × (h)] $500.99
j)$2,019.14
FIXED FEE k)10%$378.20
l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
Unit Unit Cost Total
Mile $0.575 $249.55
Each $110.00 $0.00
Each $49.50 $0.00
2 $25.00 $0.00
Each $0.18 $7.02
$256.57
m) SUBCONSULTANT'S COSTS (add additional pages if necessary)
$0.00
$256.57
$4,416.73
NOTES:
January 2018
Research Assistant
GIS / Graphics Technician
To Be Determined
Rebecca Flores
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed
JRP Historical Consulting, LLC Prime Consultant 2nd Tier Subconsultant
Historian / Architectural Historian To Be Determined
Classification/Title (Note 1)Name
Principal Christopher McMorris
Description Quantity
Contracts Manager Kia Larson
Assistant Contracts Manager Erica Koontz
Total
General and Administrative (Rate):
TOTAL INDIRECT COSTS [(e) +(g) + (i)]
TOTAL FIXED PROFIT
[(c) + (j)] × Fixed Fee
l) TOTAL OTHER DIRECT COSTS
Subconsultant 1:
Vehicle Mileage 434
Photocopies 39
Per Diem Lodging
Per Diem Meals / Incidentals
Research Fee
0
0
0
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting
Subconsultant 2:
Subconsultant 3:
Tier Subconsultant 4:
m) TOTAL 2nd TIER SUBCONSULTANT'S COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING 2nd TIER SUBCONSULTANTS [(l) + (m)]
TOTAL COST [(c) + (j) + (k) + (n)]
1. Key Personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).
All costs must comply with the Federal Cost Principles. Subconsultants will provide their own cost proposals.
period and established by a cognized agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
4. Pre-approved travel and per-diem costs will be reimbursed in conformance with the current Department of Transportation Travel and Expense Guide for
Consultants.
5. Pre-approved actual costs are competitive prices from appropriate vendors in their respective industries, and supported by receipts.
X-• • •
I I I I I
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$1,716.48 =$39.01 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $39.01 +=$40.18 Year 2 Avg Hourly Rate
Year 2 $40.18 +=$41.39 Year 3 Avg Hourly Rate
Year 3 $41.39 +=$42.63 Year 4 Avg Hourly Rate
Year 4 $42.63 +=$43.91 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 10.00%*=4.4 Estimated Hours Year 1
Year 2 90.00%*=39.6 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100% =44.0
Year 1 $39.01 *=$171.65 Estimated Hours Year 1
Year 2 $40.18 *=$1,591.18 Estimated Hours Year 2
Year 3 $41.39 *=$0.00 Estimated Hours Year 3
Year 4 $42.63 *=$0.00 Estimated Hours Year 4
Year 5 $43.91 *=$0.00 Estimated Hours Year 5
=$1,762.82
=$1,716.48
=$46.34 Transfer to Page 1
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are grante d
January 2018
EXHIBIT 10-H COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
44
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
3.00%
3.00%
3.00%
3.00%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
44.0
44.0
44.0
44.0
44.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above)(calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
4.4
39.6
0.0
0.0
0.0
Total Direct Labor Cost with Escalation
Local Assistance Procedures Manual
EXHIBIT 10-Hl COST PROPOSAL Page 3 of3
Certification of Direct Costs:
EXHIBIT 10-Hl
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 -Letting of Contracts
4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of
Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
Prime Consultant or Subconsultant Certifying:
Name: Title*: Principal
Date of Certification (mm/dd/yyyy): 6/12/2020 -------
Email: cmc mo rr is@jrph istorica l.com Phone Number: 530-757-2521
Address:
* An individual executive or financial officer of the consultant's or subconsultant' s organization at a level no
List services the consultant is providing under the proposed contract:
Historic resources compliance documentation and services.
January 2018 .
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Page 1 of 3
January 2018
Note: Mark-ups are Not Allowed
Consultant Tallac Applied Ecology & Design, LLC
Project No. North Fork Rd Bridge Contract No.Date 1/27/2020
DIRECT LABOR
Classification/Title Name Range Hours Initial Hourly Rate Total
Project Manager/ Landscape
Architect Brown-Dion, Sheri $50 - $115 228 @ $65.00 $14,820.00
0 @ $0.00
228 $14,820.00
LABOR COSTS
a) Subtotal Direct Labor Costs $14,820.00
b) Anticipated Salary Increases (see page 2 for calculations)$311.22
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]15,131.22$
INDIRECT COSTS
d) Fringe Benefits Rate: 0.00%-$
Overhead Rate: 18.95%2,867.37$
h) General and Administrative Rate: 91.39%13,828.42$
110.34%
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]16,695.79$
FIXED FEE 10.00%3,182.70$
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary)
450 mile 0.575$ 258.75$
1 day at state rate 46.00$
per page at cost 120.00$
l) TOTAL OTHER DIRECT COSTS 424.75$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1:-$
Subconsultant 2:-$
Subconsultant 3:-$
Subconsultant 4:-$
m) SUBCONSULTANTS' COSTS m) SUBCONSULTANTS' COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)]424.75$
TOTAL COST [(c) + (j) + (k) +(n)]35,434.46$
NOTES:
Invoices will be based on staff actual hourly pay rates at the time work is conducted, multiplied by the contracted overhead rate and fixed fee noted above. Subconsultant and Direct Costs will
be billed at actual cost. The same Overhead rate will be used for all years for multi-year contracts. Overtime hours for non-exempt staff will be billed at overtime rates based on actual hourly
pay rate established in California state law (i.e., 1.5 times the pay rate for hours worked over 8 hours).
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must
comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. 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.
3. Anticipated salary increases calculations (page 2) must accompany.
EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
g) Overhead [(c) x (f)]
i) Gen & Admin [(c) x (h)]
e) Total fringe benefits [(c) x (d)]
Prime Consultant Subconsultant 2nd Tier Subconsultant
TBD Fresno County
DESCRIPTION OF ITEM
Travel: lodging, meals (at state travel rate)
Travel: mileage costs (at federal travel rate)
Printing/Reproduction/Postage
SCHEDULE OF OTHER DIRECT COST ITEMS
Quantity Unit Unit Cost Total
X • • •
EXHIBIT 10-H1
Page 2 of 3
January 2018
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct
Labor Subtotal per
Cost Proposal
Total Hours per
Cost Proposal
Avg
Hourly
Rate
$14,820.00 /228.0 = $65.00
2. Calculate hourly rate for all years (Increase the Average hourly rate for a year by proposed escalation %)
Avg Hourly Rate Proposed Escalation
Year 1 $65.00 +3.0%= $66.95
Year 2 $66.95 +3.0%= $68.96
Year 3 $68.96 +3.0%= $71.03
Year 4 $71.03 +3.0%= $73.16
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 30%*228.0 =68.4
Year 2 70%*228.0 =159.6
Year 3 *228.0 =0.0
Year 4 *228.0 =0.0
Year 5 *228.0 =0.0
Total 100% Total =228.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per
Year
Year 1 65.00$ *68.4 =$4,446.00
Year 2 66.95$ *159.6 =$10,685.22
Year 3 68.96$ *0.0 =$0.00
Year 4 71.03$ *0.0 =$0.00
Year 5 73.16$ *0.0 =$0.00
Total Direct Labor Cost with Escalation =$15,131.22
Direct Labor Subtotal before escalation =$14,820.00
Estimated total of Direct Labor Salary Increase =$311.22
NOTES:
1.
2.
3.
4.
5 Year
Contract
Duration
EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Estimated Hours Year 2
Year 1 Avg
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Estimated Hours Year 1
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided.
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page 1
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e.
local Ass:lsta.nce Pl'oce:dures Manual
EXHIBIT 10-Hl COST PROPOSAL (Page, 3 of3)
Certification of Direct Costs
EXHIBIT 10-Hl
Cost Proposal
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 contra ct in accordance with th e contract terms
and the following requ irements:
1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the contract
3 TiUe 23 United States Code Section 112-Letting of Contracts
4 48 Code of Federal Regulations Part 31 • Co ntract Cost Principles and Procedures
s 23 Code of Federal Regula tio n s Part 112 • Procurement, Management, and Administration of
Engineeri ng and Desig n Rel ated Services
6 48 Code of Federal Regula tions Part 9904 • Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairty to all contracts. All documentation of compliance must be retained in
the proj ect files and be in compliance with applicable federa l and state requirements. Costs that are noncompli ant with
the federal and state requireme nts are not eligibl e for reimbursement.
Local governments are reSPonsible for appl ying only cogniza nl agency approved or Caltrans accepted Indirec t Co~t
Rate(s).
Prime Consultant or Suconsultant Certifying:
Name: Sheri Brown-Dion
Signature:~~
TiUe•:
)
lb~~ /a-.,,J.. +
Dote of Certification (mmlddlyyyy): 1/27/2020
•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 F inancial Officer, or equivalent who has authority to represent the financial information
utilized to establish the cost proposal for the contract.
List services the consultant is Providina under this Prooosed contract:
V isual impact assessment and restorat ion planning.
..,. 3of 3
January 201B
EXHIBIT G
Local Assistance Procedures Manual EXHIBIT 12-E
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, 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.
Exceptions will not necessarily result in denial of award, but will be considered in determining
bidder responsibility. 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.
The above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
EXHIBIT H
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
In the matter of
Resolution No. 07-525
BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF FRESNO
STATE OF CALIFORNIA
) No.
)
)
Amendment of Standard Conflict of )
Interest Code for All County )
Departments )
Whereas, the Political Reform Act, Government Code section 81000 et seq.,
requires state and local government agencies to adopt and promulgate conflict of interest
codes; and
Whereas, the Fair Political Practices Commission has adopted a regulation, Title
2, California Code of Regulations, section 18730, which contains the terms of a standard
conflict of interest code, and which may be amended by the Fair Political Practices
Commission after public notices and hearings to conform to amendments to the Political
Reform Act; and
Whereas, any local agency may incorporate this standard conflict of interest code,
and thereafter need not amend its code to conform to future amendments to the Political
Reform Act or its regulations; and
Whereas, the Board of Supervisors may adopt the standard conflict of interest
code on behalf of all County departments.
Now therefore be it resolved, that the terms of Title 2, California Code of
Regulations, section 18730, and any amendments to it duly adopted by the Fair Political
Practices Commission, are hereby incorporated by reference and, along with the Exhibits A
and B approved previously, today, or in the future, by this Board for each County
department, in which officers and employees are designated and disclosure categories are
set forth, constitute the conflict of interest codes of each County department.
COUNTY OF FRESNO
F,esno, Callfornla 1
APPENDIX I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Conflict of interest forms shall be filed as follows:
1. As required by Government Code section 87500, subdivision (e), the County
Administrative Officer, District Attorney, County Counsel, and Auditor-Controllerrrreasurer-
Tax Collector shall file one original of their statements with the County Clerk, who shall make
and retain a copy and forward the original to the Fair Political Practices Commission, which
shall be the filing officer.
2. As required by Government Code section 87500, subdivision U), all other
department heads shall file one original of their statements with their departments. The filing
officer of each department shall make and retain a copy and forward the original to the Clerk
to the Board of Supervisors, who shall be the filing officer.
3. All other designated employees shall file one original of their statements
with their departments.
Adopted at a regular meeting of the Board of Supervisors, held on the 2nd day of
October, 2007, by the following vote, to wit:
Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston
Noes: None
Absent: None
Chairman, Board of Supervisors
Attest:
25 Clerk
26
27
28
County of Fresno
Fresno. California
COUNTY OF FRESNO
Fre.sno, California 2
APPENDIX I
CERTIFICATE OF DELIVERY OF DOCUMENT
I am employed by the County of Fresno as a Deputy Clerk of the
Board of Supervisors. On October 2, 2007. I delivered a copy of
Resolution No. 07-525 to the Chairperson of the Fresno County Board of
Supervisors.
Gael Storm, Deputy Clerk
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Exhibit IArea West Environmental, Inc.
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:
D a. contract D a. bid/offer/application D a. initial
4.
6.
8.
10.
b. grant b. initial award
c. cooperative agreement c. post-award
d. loan
e. loan guarantee
f. loan insurance
Name and Address of Reporting Entity •Prime Osubawardee
Tier ___ , if.known
Congressional District, if known
Federal Department/Agency:
Federal Action Number, ifknown:
Name and Address of Lobby Entity
(If individual, last name , first name, Ml)
b. material change
For Material Change Only:
year __ quarter ___ _
date oflast report ____ _
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable ________ _
9. Award Amount, if known:
11. Individuals Performing Services
(including address if different from No. 10)
(last name, first name, Ml)
(attach Continuation Sheet(s) ifnecessary)
12. Amount of Payment ( check all that apply)
$ ______ D actual D planned
13. Form of Payment (check all that apply):
B a. cash
b. in-kind; specify: nature ______ _
Value ------
14. Type of Payment (check all that apply)
a. retainer
b. one-time fee
c. comm1ss1on
d. contingent fee
e deferred
f. other, specify __________ _
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes D No D
17. lnfonnation requested through this fonn is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$ I 00,000 for each such failure.
Federal Use Only:
Signature: _________________ _
Print Name: _________________ _
Title: --------------------
Telephone No.: _________ Date: ____ _
Authorized for Local Reproduction
Standard Form -LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig-Local Agency Project Files
LPP 13-01
Page 1
May 8, 2013
Ambient Air Quality and Noise Consulting
Local Assistance Procedures Manual
Attachment H
EXHBIT 10-Q
Disclosure of Lobbying Activities
EXIDBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
D a . contract D a . bid/offer/application D a. initial
b . grant b. initial award b. material change
c. cooperative agreement c. post-award
d . loan For Material Change Only:
4.
6.
e. loan guarantee
f. loan insurance
ame and Address of Reporting Entity •Prime Osubawardee
Tier ___ , if known
Congressional District, if known
Federal Department/ Agency:
8. Federal Action Number, ifknown:
10. Name and Address of Lobby Entity
(If individual, last name, first name, MI)
year__ quarter ___ _
date of last report ___ _
S. If Reporting Entity i.n o. 4 is Subawardee,
Enter ame and Address of Prime:
Congressional District, if known
7. Federal Program ame/Description:
CFDA Number, if applicable ________ _
9. Award Amount, if known:
11. Individuals Performing Services
(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)
$ _____ D actual D planned
13. Form of Payment (check all that apply): 8 :: ~:!nd; specify: nature ______ _
14. Type of Payment (check all that apply)
a. retainer
b . one-time fee
c. commission
d. contingent fee
e deferred
Value ____ _ f. other, specify __________ _
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
oflicer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
"\c. Lo~~l.f,~t.{ ~-,\\\
(attach Continuation Sheet(s) if necessary) -n -Per.cl-.
16. Continuation Sheet(s) attached: Yes D No D
17. lnfonnation requested through this fonn is authorized by Title
31 U.S.C . Section 1352 . This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S .C.
1352 . This infonnation will be reported to Congress
semiannually and will be ava ilable for public inspection . Any
person who fa ils to file the requir ed disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure .
Federal Use Only:
Print
Title: ~~\~C.\.tl~\
Telephone No.: io'5 TI lo Z1?..t
Authorized for Local Reproduction
Standard Form -LLL
Standard Fonn LLL Rev . 04-28-06
Distribution: Orig-Local Agency Project Files
LPP 13 -01
Page 1
May 8, 2013
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Attachment H
X
Robert Lokteff, PE, GE
Vice President
(916) 375-8706 11/5/19
Blackburn Consulting
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:
D a. contract D a. bid/offer/application D a. initial
4.
6.
8.
10.
b. grant b. initial award
c. cooperative agreement c. post-award
d. loan
e. loan guarantee
f. loan insurance
Name and Address of Reporting Entity •Prime Osubawardee
Tier ___ , if.known
Congressional District, if known
Federal Department/Agency:
Federal Action Number, ifknown:
Name and Address of Lobby Entity
(If individual, last name , first name, Ml)
b. material change
For Material Change Only:
year __ quarter ___ _
date oflast report ____ _
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known
7. Federal Program Name/Description:
CFDA Number, if applicable ________ _
9. Award Amount, if known:
11. Individuals Performing Services
(including address if different from No. 10)
(last name, first name, Ml)
(attach Continuation Sheet(s) ifnecessary)
12. Amount of Payment ( check all that apply)
$ ______ D actual D planned
13. Form of Payment (check all that apply):
B a. cash
b. in-kind; specify: nature ______ _
Value ------
14. Type of Payment (check all that apply)
a. retainer
b. one-time fee
c. comm1ss1on
d. contingent fee
e deferred
f. other, specify __________ _
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes D No D
17. lnfonnation requested through this fonn is authorized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$ I 00,000 for each such failure.
Federal Use Only:
Sig,atme --W-75 ~
Print Name: _________________ _
Title: --------------------
Telephone No.: _________ Date: ____ _
Authorized for Local Reproduction
Standard Form -LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig-Local Agency Project Files
LPP 13-01
Page 1
May 8, 2013
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1.Type of Federal Action:2.Status of Federal Action:3.Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter __________
f. loan insurance date of last report ___________
4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6.Federal Department/Agency:7.Federal Program Name/Description:
CFDA Number, if applicable ____________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.Name and Address of Lobby Entity 11.Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12.Amount of Payment (check all that apply)14.Type of Payment (check all that apply)
$ ______________ actual planned a. retainer
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
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: __________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
a a a
II
Dept of Transportation
none
MariaElena Conserva, Ph.D.
Senior Paleontologist
11/4/19
Earthview Science
• • •
•
• •
B
• •
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
Page 1
LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1.Type of Federal Action:2.Status of Federal Action:3.Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6.Federal Department/Agency:7.Federal Program Name/Description:
CFDA Number, if applicable ____________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.Name and Address of Lobby Entity 11.Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12.Amount of Payment (check all that apply)14.Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
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
31 U.S.C. Section 1352. This disclosure of lobbying reliance
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C.
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
Far Western does not have any lobbying activities to report.
___________________________________________________________________________
Adrian Whitaker
Principal
530-756-3941 11/5/2019
Far Western Anthropological Research Group
• • •
• •
• •
8
•
JRP Historical ConsultingLocal Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE TI-IIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: D a. contract b. grant 2. Status of Federal Action: D a. bid/offer/application b. initial award c. post-aw!ll'd 3. Report Type: 0 a. initial b. material change c. cooperative agreement d. loan For Material Change Only: 4. 6. e. loan guarantee r. loan insurance Name and Address of Reporting Entity •Prime Osubawardee Tier ___ , ifknown Congressional District, if known Federal Department/Agency: 8. Federal Action Number, if known: 10. Name and Address of Lobby Entity (If individual, last name, first name, Ml) year __ quarter ___ _ date of last report ___ _ S. If Reporting Entity in No. 4 is Subawardee, Enter Name and Add res~ of Prime: Congressional District, ifknown 7. Federal Program Name/Description: CFDA Number, if applicable _______ _ 9. Award Amount, if known: 11. Individuals Performing Services (including address if different from No. I 0) ( last name, first n arne, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment ( check all that apply) S ______ D actual D planned 13. Form of Payment (check all that apply): b. in-kind; specify: nature _____ _ 14. Type of Payment (check all that apply) a. retainer b. one-time fee c. commission d. contingent fee e deferred B a. cash Value _____ _ f. other, specify __________ _ 15. Brief Description of Services Performrd or to be performed and Date(s) of Service, including officer(s), employee(s), or me.mber(s) contacted, for Payment Indicated in Item 12: No lobbying activities. (attach Continuation Sheet(s) if necessnl)I) 16. Continuation Sheet(s) attached: Yes D S:.~re• f,k"~ L Print Nwne: Christopher McMorris Title: Principal, JRP Historical Consulting, LLC 17. Information requested through this fonn is authorized by Title 31 U.S.C. Section l 352. This disclosure of lobbying reliance was placed by the lier above when his transac lion was made or entered into. This disclosure is required pursuant to 3l U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails lo file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more thllll $100,000 for each such foilure. Telephone No.: 530-757-2521 Date: 11/5/2019 Federal Use Only: Distribution: Orig-Local Agency Project Files LPP 13-01 Standard Fonn LLL Rev. 04-28-06 Authorized for Local Reproduction Standard Form • LLL Page 1 May 8, 2013
Tallac Applied Ecology & Design
Local Assistance l'rocedures Manual EXHIHTlU-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q 0JSCLOSUlu: OF LOBBYING AC'rIVITIBS
COMPU,TE THIS FORM TO DISCLOS E L,08 I3Y1N0 ACTIvnn;s PURSUANT TO 31 u.s.c. 1352
1. Type of Federal Action:
D a. contracl
2 . Status of Federal Action:
0 a. bid/olter/applicalioo
3. Report Type:
D a. in itial
4.
6.
b . grant b. initiaJ award
c. cooperulive a&rcement c . post-award
d. loan
e. 100Jl guarantee
f. loan insurance
Na.me and Address of Reporting Entity
D Primc Osubawardce
Tier ___ , if known
Congressional District, if known
Federal l)epartment/Agency:
8. Federal Acliou Number, if known:
10. Name and Address of Lobby Entity
(Tf individua~ last name, first name, Ml)
b. material change
For Material C hange Onty:
year __ quartet ___ _
dale oflast repo11 ___ _
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, iJknown
7. Federal Program Name/~scriptioo:
CFDA Number, if applicable ________ _
9. Award Amouot, if known:
11. Individuals Performing Services
(i ncluding address if different from No. 10)
(last name. first name, Ml)
(attach Continuation Shcet(s) if necessary)
12. A mount or Paymeot (cbc<k all that apply)
s _____ D actual D planned
13. Form of Pay ment (check all that apply):
B a. casll
b. in•kind; specify: nature ______ _
Value _____ _
14. Type of Payment (check all that apply)
a. relainc.:r
b. one•time fee
c. coo1missi oo
d. contingc..'tlt fee
e defen-ed
f. other. specify _________ _
15. B•rief Description of Services Performed or t o be performed and D-,te(s) of Service, including
officer'(s), employee(s), or member(s) contacted, fol" Payme-nt Indicated in ltem 12;
(attach Continuation Shex,1(s) if necessary)
TaUac App lied Ecology & Oesign
docs 1101 have any lo bbying
16. Continuatioo Sbect(s) attached: Yes •
17. Information requested through lb.is form is authorized by Title
31 U.S.C. Section 13S2 . 1llis disclosure of lobbying reliance
was plaood by the tier above when his transaccion was made or
No
entered intt.>. This discl,os:ure ~ required pursuant to 3 1 U.S.C. Print Name: Sheri Brown Dion
1352. This infomiatioo will be l'Cp()fted to Coogtess ~==~~==~---------
semiannually ~nd will be available tOC-public rnspcction. Any
pt-"l'Wn who fai ls to fiJe the requited disclosure shall be subject T itl e: _pc.· r"i"n-'-ciccpccalc.... _____________ _
t() u c-ivil penalty of oot I~ than $10.000 and not more than
SI00.000 fo r each such lililure. Telephone No.: 530-54 5-3 l 7 8 Date: 01 /29/2020
Federal Use Only:
Distribution: Orig-Local Agency Project Files
f.PP l'.\-111
Authorized for Local Reproduction
Standard Forro • LLI.,
Page 1
MAvSl .11113
SELF-DEALING TRANSACTION DISCLOSURE FORM
(1)Company Board Member Information:
Name:Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4)Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code 5233 (a)
(5)Authorized Signature
Signature:Date:
Exhibit J
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as
“County”), members of a contractor’s board of directors (hereinafter referred to as “County
Contractor”), must disclose any self-dealing transactions that they are a party to while
providing goods, performing services, or both for the County. A self-dealing transaction is
defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and
which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing the disclosure form.
(1)Enter board member’s name, job title (if applicable), and date this disclosure is
being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed
to the County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the
transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that
the board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Codes.
(5)Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Page 1 of 2
Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees,
and successors in interest (hereinafter referred to as the “contractor”) agrees to
comply with the following nondiscrimination statutes and authorities; including
but not limited to:
Pertinent Nondiscrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR
Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age);
•Airpor t and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4
7123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the
scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973, by expanding the definition of the terms “programs or
activities” to include all of the programs or activities of the Federal-aid
recipients, subrecipients and contractors, whether such programs or
activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R.
parts 37 and 38;
Exhibit K
Page 2 of 2
•The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin,
and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low -Income Populations, which ensures
discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low -income populations;
•Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which
prohibits you from discriminating because of sex in education programs or
activities (20 U .S.C. 1681 et seq).