HomeMy WebLinkAboutRMA GEOSCIENCE - Consultant Agrmnt - 12-23-2022AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
This Agreement is made and entered into effective on 3 ' Z0Z2
and between the CITY OF FRESNO, a California municipal corporation (City),
GEOSCIENCE, a California corporation (Consultant).
RECITALS
by
and RMA
WHEREAS, the City desires to obtain professional on -call Testing and Inspection
services for the Public Works Capital Improvement Program (Program); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Licensed Professional Engineer and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement;
and
WHEREAS, the City has conducted a qualification -based selection process to obtain
multiple professional laboratory/engineering firms to be contracted on an on -call basis for
services, as defined by this Agreement, that are to be awarded Task Order work on a
competitive basis per the selection criteria defined herein and solicited to the contracted
Consultants; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for the City by its Public Works Director
(Director) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect for Five years, subject to any earlier termination in accordance with this
Agreement. The City, in its discretion, may extend the Agreement for up to five
additional one-year terms. The Contract Administrator shall have the authority to
execute an extension of this Agreement. The services of the Consultant as
described in Exhibit A are to commence upon the City's issuance of a written
"Notice to Proceed." A separate Notice to Proceed will be issued for each of the
awarded Task Orders, following the Consultants successful submission of a
Proposal, which shall be awarded based on the competitive criteria defined herein.
City may, at its discretion, issue concurrent Notices to Proceed, allowing
Consultant to perform concurrent Task Orders. By entry into this Agreement and
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upon City's issuance of a written "Notice to Proceed," City contracts for the
services in the specific Task Order. Consultant shall not perform any other Task
Order work of the Agreement, and this Agreement shall not be a contract for any
other Task Order, until further performance is authorized by City's issuance of a
written "Notice to Proceed." It shall, however, remain Consultant's offer to perform
all services described herein. In the event Consultant performs services without
City's prior written authorization, Consultant will not be entitled to compensation
for such services. Work shall be undertaken and completed in a sequence assuring
expeditious completion, but in any event, all such services shall be completed
within the agreed upon duration for each individual Task Order from such
authorization to proceed.
3. Com ensation.
(a) The Consultant will be reimbursed for hours worked at the hourly rates
specified in the Consultant's approved Cost Proposal as described in
Exhibit A, Schedule of Fees. The specified hourly rates shall include direct
salary costs, employee benefits, prevailing wages, employer payments,
overhead, and fee. These rates are not adjustable for the performance
period set forth in this Agreement. The Consultant will be reimbursed within
thirty days upon receipt by the City's Contract Administrator of itemized
invoices in duplicate.
(b) In addition, the Consultant will be reimbursed for incurred (actual) direct
costs other than salary costs that are in the approved Cost Proposal of the
authorized Task Order.
(c) Specific projects will be awarded to the Consultant through issuance of Task
Orders.
(d) After a project to be performed under this Agreement is identified by the
City, the City will prepare a Miniature Request for Proposal (Mini-RFP) for
the specific Task Order. A Mini-RFP will identify the scope of services,
expected results, project deliverables and will designate a City Coordinator.
The Mini-RFP will be solicited to the contracted Consultant's for review.
Evaluation criteria will be included in each solicitation. The Mini-RFP will
contain evaluation criteria that will identify the most qualified firm for each
task.
The evaluation criteria may include:
o Availability of Personnel,
o Staff Capabilities,
o Completion Schedule,
o Experience of Consultant or Sub -Consultant
o Specialized Expertise
o Past Performance
(e) The Consultant's shall return a Proposal, excluding cost, and a draft Task
Order, per Exhibit E attached hereto, within ten calendar days.
(f) Proposals will be evaluated and ranked based on the defined criteria within
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the Mini-RFP.
(g) Task order cost will be based on wage rates established in the Consultant's
on -call contract, and the time and deliverable requirements in the task order
(h) Upon determination of the successful Proposal, City and selected
Consultant will negotiate the Cost Proposal and finalize the Task Order. The
finalized Task Order shall be signed by both the City and the selected
Consultant. The City has the right to move on to the next most qualified
Consultant if Cost Proposal is unagreeable to the City.
(i) Reimbursement for transportation and subsistence costs shall not exceed
State rates.
(j) Progress payments for each Task Order will be made monthly in arrears
based on services provided and actual costs incurred.
(k) The Consultant shall not commence performance of work or services until
this Agreement has been approved by the City and notification to proceed
has been issued by the City's Contract Administrator. No payment will be
made prior to approval or for any work performed prior to approval of this
Agreement.
(1) A Task Order is of no force or effect until returned to the City and signed by
an authorized representative of the City. No expenditures are authorized
on a project and work shall not commence until a Task Order for that project
has been executed by the City and a written Notice to Proceed is issued.
(m) The selected Consultant will be reimbursed within thirty days upon receipt
by the City's Contract Administrator of itemized invoices in duplicate.
Separate invoices itemizing all costs are required for all work performed
under each Task Order. Invoices shall be submitted no later than thirty
calendar days after the performance of work for which the selected
Consultant is billing, or upon completion of the Task Order. Invoices shall
detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal
and shall reference this Agreement number, project title and Task Order
number. Credits due the City that include any equipment purchased under
the provisions of Article XI Equipment Purchase, must be reimbursed by the
Consultant prior to the expiration or termination of this Agreement. Invoices
shall be mailed to the City's Contract Administrator at the following address:
City of Fresno / Johnan Ruiz
1721 Van Ness Avenue
(n) The period of performance for Task Orders shall be in accordance with
dates specified in the Task Order. No Task Order will be written which
extends beyond the expiration date of this Agreement.
(o) The total amount payable by the City for an individual Task Order shall not
exceed the amount agreed to in the Task Order, unless authorized by
amendment.
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(p) If the Consultant fails to satisfactorily complete a deliverable according to
the schedule set forth in a Task Order, no payment will be made until the
deliverable has been satisfactorily completed.
(q) Task Orders may not be used to amend the language (or the terms) of this
Agreement or exceed the scope of work under this Agreement.
(r) The total amount payable by the City for all Task Orders resulting from
under this Agreement shall not exceed $958,000. It is understood and
agreed that there is no guarantee, either expressed or implied that this
dollar amount will be authorized under this Agreement through Task Orders.
4. Termination. Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i) the Consultants filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against the Consultant; (ii) seven
calendar days prior written notice with or without cause by the City to the
Consultant; (iii) the City's non -appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or
insufficient funding for the Program; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all unearned payments and all properties and materials in the
possession of the Consultant that are owned by the City. Subject to the
terms of this Agreement, the Consultant shall be paid compensation for
services satisfactorily performed prior to the effective date of termination.
The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily
perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but not
in excess of, the City's damages caused by such failure. In no event shall
any payment by the City pursuant to this Agreement constitute a waiver by
the City of any breach of this Agreement which may then exist on the part
of the Consultant, nor shall such payment impair or prejudice any remedy
available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
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convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Director's request, in the event the Consultant
fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Consultant shall notify Director in writing as soon as it is
reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Director of the cessation of such occurrence.
(g) Any notice of termination sent to Consultant shall include the reason(s) for
such termination or state that it is without cause.
5. Confidential Information Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the City. During the term of this Agreement, and thereafter, the
Consultant shall not, without the prior written consent of the City, disclose
to anyone any Confidential Information. The term Confidential Information
for the purposes of this Agreement shall include all proprietary and
confidential information of the City, including but not limited to business
plans, marketing plans, financial information, designs, drawings,
specifications, materials, compilations, documents, instruments, models,
source or object codes and other information disclosed or submitted, orally,
in writing, or by any other medium or media. All Confidential Information
shall be and remain confidential and proprietary in the City.
i. Permission granted to the Consultant to disclose information on one
occasion shall not authorize the Consultant to further disclose such
information or any other information or disseminate the same on any
other occasion.
ii. The Consultant shall not comment publicly to the press or any other
media regarding the Agreement or the City's actions on the same,
except to the City's personnel or the Consultant's personnel involved
in the performance of this Agreement at public hearings or in
response to questions from a Legislative committee.
iii. The Consultant shall not issue any news releases or any public
relations item of any nature, whatsoever, regarding work performed
or to be performed under this Agreement without prior review of the
contents thereof by the City and receipt of the City's written
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permission.
(b) Any and all original sketches, pencil tracings of working drawings, plans,
computations, specifications, computer disk files, writings and other
documents prepared or provided by the Consultant pursuant to this
Agreement, in any form whatsoever, are the property of the City at the time
of preparation and shall be turned over to the City upon expiration or
termination of the Agreement or default by the Consultant. The Consultant
grants the City a copyright license to use such drawings and writings. The
Consultant shall not permit the reproduction or use thereof by any other
person except as otherwise expressly provided herein. The City may
modify the design including any drawings or writings. Any use by the City
of the aforesaid sketches, tracings, plans, computations, specifications,
computer disk files, writings and other documents in completed form as to
other projects or projects of this Program, or in uncompleted form, without
specific written verification by the Consultant will be at the City's sole risk
and without liability or legal exposure to the Consultant. The Consultant
may keep a copy of all drawings and specifications for its sole and exclusive
use.
i. In the event of the copyright of any reports or other products
prepared under this Agreement by the Consultant or any
subcontractor, the Federal Highway Administration (FHWA) 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.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification.
(a) To the furthest extent allowed by law, including California Civil Code section
2782.8, Consultant shall indemnify, hold harmless and defend City and
each of its officers, officials, employees, agents and volunteers from any
and all loss, liability, fines, penalties, forfeitures, costs and damages
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(whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage), and from any and
all claims, demands and actions in law or equity (including reasonable
attorney's fees, litigation expenses and cost to enforce this agreement) that
arise out of, pertain to, or relate to the negligence, recklessness or willful
misconduct of Consultant, its principals, officers, employees, agents, or
volunteers in the performance of this Agreement.
(b) If Consultant should subcontract all or any portion of the services to be
performed under this Agreement, Consultant shall require each
subcontractor to indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents, and volunteers in accordance with the
terms of the preceding paragraph.
(c) This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by the
City's Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to the City, its officers, officials, employees,
agents, and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
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duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub -consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. The Consultant and any subcontractor/sub-
consultant shall establish additional insured status for the City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Nora -Solicitation,
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state and local
conflict of interest laws and regulations including, without limitation, 23
U.S.C. § 112, FHWA regulations applicable to design and engineering
consulting contracts found at 23 C.F.R. 172.1 et seq., California
Government Code Section 1090 et. seq., the California Political Reform Act
(California Government Code Section 87100 et. seq.), the regulations of the
Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et. seq.)
and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete).
At any time, upon written request of the City, the Consultant shall provide a
written opinion of its legal counsel and that of any subcontractor that, after
a due diligent inquiry, the Consultant and the respective subcontractor(s)
are in full compliance with all laws and regulations. The Consultant shall
take, and require its subcontractors to take, reasonable steps to avoid any
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appearance of a conflict of interest. Upon discovery of any facts giving rise
to the appearance of a conflict of interest, the Consultant shall immediately
notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, lawful or unlawful, contingent or otherwise, direct or
indirect, to any party to solicit or procure this Agreement or any
rights/benefits hereunder. The City shall have the right, in its discretion, to
deduct from any payment to the Consultant under this Agreement, or
otherwise recover the full amount of, any rebate, kickback or other
consideration paid by the Consultant in violation of any representation or
warranty under this section.
(e) Neither the Consultant, nor any firm affiliated with the Consultant, nor any
of the Consultant's subcontractors performing any services on a Task
Order, shall bid for, assist anyone in the preparation of a bid for, or perform
any services pursuant to, any other contract in connection with a Task
Order, with the exception of any subcontractor whose services are limited
to providing surveying or materials testing information. The Consultant and
any of its subcontractors shall have no interest, direct or indirect, in any
other contract with a third party in connection with a Task Order unless such
interest is in accordance with all applicable law and fully disclosed to and
approved by the City Manager, in advance and in writing. An affiliated firm
is one which is subject to the control of the same person(s) through joint -
ownership or otherwise.
(f) The Consultant shall disclose any financial, business, or other relationship
with the City that may have an impact upon the outcome of this Agreement
or any ensuing the City construction project. The Consultant shall also
disclose any current clients who may have a financial interest in the
outcome of this Agreement or any ensuing the City construction project,
which will follow.
(g) 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.
(h) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(i) This Section 9 shall survive expiration or termination of this Agreement.
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10. Recycling Program
facility(ies), or is
incorporated limits
expense shall:
In the event the Consultant maintains an office or operates a
required herein to maintain or operate same, within the
of the City of Fresno, the Consultant at its sole cost and
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City's Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms Federal and State Assurances and Requirements.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Director or designee.
(b) Records of the Consultant's expenses pertaining to this Agreement shall be
kept on a generally recognized accounting basis. The Consultant and its
subcontractors shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to the performance of the Agreement
including, but not limited to, the costs of administering the Agreement. The
Consultant and its subcontractors shall make such materials available at
their respective offices at all reasonable times during the period of this
Agreement and for three years, or longer if required by law, from the date
of final payment under the Agreement. City, the State, the State Auditor,
FHWA or any duly authorized representative of the federal government shall
have access to any books, records, papers, accounting records and other
documents of the Consultant and its subcontractors that are pertinent to the
Agreement for audit, examinations, excerpts, and transcriptions. Copies
thereof shall be furnished by the Consultant, if requested. If any litigation,
claim, negotiations, audit or other action is commenced before the
expiration of the three-year time period, all records shall be retained and
made available until such action is resolved, or until the end of said time
period whichever shall later occur. If the Consultant should subcontract all
or any portion of the services to be performed under this Agreement, the
Consultant shall cause each subcontractor to also comply with the
requirements of this section and in the event a subcontract is entered into
for an amount in excess of $25,000, the subcontract shall include this
paragraph in its entirety. This Section 11(b) shall survive expiration or
termination of this Agreement.
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(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
(d) The Consultant's services pursuant to this Agreement shall be provided
under the supervision of Josue Montes, PE, GE, and he/she shall not assign
another to supervise the Consultant's performance of this Agreement
without the prior written approval of the Director.
(e) The City will carry out applicable federal requirements in the administration
of this Agreement. Notwithstanding Section 25 herein, the Consultant
agrees to comply with all applicable federal and state assurances and
requirements identified in Exhibit D along with its Appendix A and require
that each subcontract include the same assurances by each of its
subcontractors.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
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upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting
solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner, or associate of the City for any purpose. The City
shall have no right to control or supervise or direct the manner or method
by which the Consultant shall perform its work and functions. However, the
City shall retain the right to administer this Agreement so as to verify that
the Consultant is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
the Consultant and the City. The Consultant shall have no authority to bind
the City absent the City's express written consent. Except to the extent
otherwise provided in this Agreement, the Consultant shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to the City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits.
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In addition, together with its other obligations under this Agreement, the
Consultant shall be solely responsible, indemnify, defend and save the City
harmless from all matters relating to employment and tax withholding for
and payment of the Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment
benefits, entitlements, programs and/or funds offered employees of the City
whether arising by reason of any common law, de facto, leased, or co -
employee rights or other theory. It is acknowledged that during the term of
this Agreement, the Consultant may be providing services to others
unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by the Consultant, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due
the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay
any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
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18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. _Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severabilit . The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorne 's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the exhibit or attachment. Furthermore, any terms or
conditions contained within any exhibit or attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
DPW-S FHWA Eng. On -Call, T&M - Multiple (04-2022)
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
29. RFQ Document. Any Request for Qualifications and documents issued therewith
(collectively RFQ) by the City that resulted in selection of the Consultant for entry
into this Agreement are hereby incorporated into and made a part of this
Agreement. In the event of a conflict between the RFQ and this Agreement
(including any Exhibit hereto), this Agreement (including any exhibit hereto) shall
take precedence.
30, Disadvantaged Business Enterprise (DBE Participation. This AGREEMENT is
subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs".
Consultants who enter into a federally -funded agreement will assist the LOCAL
AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
The goal for DBE participation for this AGREEMENT is zero percent (0%).
Participation by DBE Consultant or subconsultants shall be in accordance with
information contained in the Consultant's Exhibit 10-02: Consultant Contract DBE
Commitment.
The Consultant shall comply with Title 49 of the Code of Federal Regulations
(CFR), Part 26.37(c). To comply with 49 CFR 26.37(c), the Consultant must
complete the Exhibit 9-F: Disadvantaged Business Enterprise (DBE) Running Tally
of Payments from the execution of the contract until all DBE sub consulting activity
on the entire project is completed. After submitting an invoice for reimbursement
that includes a payment to a DBE, but no later than the 10th of the following month,
the Consultant shall complete and email the Exhibit 9-F: Disadvantaged Business
Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a
copy also sent to the City of Fresno at PublicWorksCIP@fresno.gov.
31. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal co poration
By:
Bill Herr,
Assistant Director
Public Works Department
ATTEST:
TODD STERMER, CMC
City Cl k
-tY Olds 5i0�v% rr—
No signature of City Attorney required.
Standard Document DPW-S FHWA
Engineering On -Call, T&M — Multiple
(04-2022) has been used without
mod4,fino as certified by the
undBy:
a RrEngineering Inspector
Public Works Department
REVIEWE Y:
By:
Johna R iz ,
Senior Engineering Inspector
Public Works Department
Addresses:
City:
City of Fresno
Attention: Johnan Ruiz,
Senior Engineering Inspector
1721 Van Ness Avenue
Fresno, CA 93721
Phone: (559) 621-5635
E-mail: Johnan.Ruiz@fresno.gov
RMA GEOSCIENCE,
a Californa corporation
By:fyy1
Name: MOLA<
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Name.
Title
(�,Fd
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: cLC' f I
Name: MP,-&Yr. Sw,Pr
Date of Issuance:
Consultant:
RMA GeoScience
Attention: Josue 'JoJo' Montes, PE, GE,
Contract Manager
3897 N Ann Ave
Fresno, CA 93727
Phone: 559-708-8865
E-mail: jmontes@rmageoscience.com
DPW-S FHWA Eng. On -Call, T&M - Multiple (04-2022)
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
4. Exhibit D - Federal and State Assurances
5. Appendix A to Exhibit D
6. Exhibit E - Task Order Form
DPW-S FHWA Eng. On -Call, T&M - Multiple (04-2022)
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and RMA GeoScience (Consultant)
Public Works Capital Improvement Program (Program)
ROJECT OBJECTIVE:
Acceptance Testing Consultant (ATC) will provide materials acceptance testing and
inspection services for assurances that materials incorporated into construction projects
within the City of Fresno right of ways are in conformance with contract specifications.
The materials laboratory shall be under the responsible management of a California
registered Engineer with experience in sampling, inspection and testing of construction
materials. The Engineer shall certify the results of all tests performed by laboratory
personnel under the Engineers supervision.
SPECIAL PROVISIONS:
Certified Payroll Reports shall be submitted to the City of Fresno Construction
Management Division with each invoice for all associated work, including all Field Tests,
Overtime and Sample Pick -Up duties. Certified Payroll shall comply with Section 7-
1.02k(3) of the California Standard Specifications and Section 1776 of the Labor Code.
Each invoice submitted shall be designated to one specifiic project, Certified Payroll
Reports shall differentiate the labor performed on each project for the City of Fresno.
Consultants shall comply with the current prevailing wage rate requirements throughout
the length of this contract. Increased rates due to shift and holiday provisions shall only
be applied to the base prevailing wage rate and shall be noted on project invoices and
Certified Payroll Reports.
ACCEPTANCE TESTING SERVICES:
The scope of services and reimbursement, as detailed and outlined in the following
paragraphs, shall be in conformance with the 2021 City of Fresno Quality Assurance
Program Manual (2021 QAP) or as amended from time to time.
Tests and inspections shall be performed as listed below and outlined in the Acceptance
Sampling and Testing Frequency Log in the 2021 QAP; or as requested by City of Fresno
staff and/or required by project specifications.
The services required by each item are described below:
1. Field Technician Services - This item provides reimbursement at prevailing wage rates
(Group 3 Classification- Building/Construction Inspector and Field Soils and Material
Tester Craft) for a field technician to perform tests in accordance with applicable standard
procedures and perform requested inspections. The rate includes all on -site testing for a
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Exhibit A
single technician only, rounded to the nearest 1/2 hour, beyond the minimum 1 hour unit.
The reimbursement is for all basic reporting, equipment charges, insurance, training,
billing, safety programs, invoicing, QA/QC, administrative services, or other expenses
required to provide competent on -site testing services. The rate also includes
professional and non-professional supervision, routine report generation, and routine
report review.
As a part of providing this service under this rate, it is the responsibility of the firms
providing the work to confirm the actual time on -site with the assigned Construction
Management Project Inspector on a daily basis. Failure to do this may result in time being
reduced from invoices submitted at Construction Management's discretion.
If any laboratory test can be conducted on site (such as a single check point on an
optimum moisture/Maximum Density curve), it shall be considered part of this cost and
not also be charged as a laboratory test.
This reimbursement may not be used for any additional technician on a job site. Prevailing
wage rates allow for alternate wage classifications for multiple technicians. When these
situations arise which require more than one technician on a project at one time, contact
Construction Management to negotiate an appropriate fee.
This reimbursement does not include travel time. A separate travel fee can be charged
for travel costs (see item No. 1 a. below).
This reimbursement does not include costs for non -routine report preparation such as
submittal review, RFI response, providing recommendations or conclusions beyond
passing of failing tests or specifications. Item number 1 includes reimbursement for all
reporting requirements required by the applicable test method. Time to prepare non -
routine report preparation can be charged using the Registered Engineer, Project
Manager, and/or Administrative Staff fees on the enclosed schedule as approved by
Construction Management.
1 a. Trip Charge - This item is a lump sum fee that will provide reimbursement for staff
travel time, mileage, fuel costs, maintenance, insurance, training, safety programs, or
other expenses required to transport equipment and personnel to the job site.
This reimbursement is on a once per day, once per technician basis. If the technician
travels away and back to the job site for sample delivery, lunch or break period, or multiple
appointments in one day on a specific project, the reimbursement will only be paid once
per day. Multiple Trip Charges can be charged if Construction Management requires
either: 1) two technicians at one time performing different functions and operating different
equipment; 2) a second shift requiring a second technician; 3) if the technician is required
to leave the site to return samples to the laboratory, and then return to the site (cannot
charge as Sample Pick -Up), or 4) off -site inspection on the same day that onsite
inspection is required. If travel beyond the limits of the City of Fresno is required, contact
Construction Management to negotiate an appropriate fee.
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Exhibit A
This reimbursement may not be used for overtime on any additional technician on a job
site. Also, this reimbursement should not be used past 12 hours in one day (including
travel time). This reimbursement does not cover overtime on second shift, holiday, or
other rates applicable for anything beyond first shift, straight time, up to 12 hours per day.
2. Sample Pick -Up - This item provides reimbursement at prevailing wage rates (Group 3
Classification- Building/Construction Inspector and Field Soils and Material Tester Craft)
for a field technician to travel from individual offices or job -sites to the requested job site
or off -site location within the City of Fresno (including Wastewater Treatment Plant), and
obtain soil, aggregate, concrete, etc. The fee is a lump sum that will also provide
reimbursement for travel time, sampling time, mileage, fuel costs, maintenance,
insurance, training, safety programs, or other expenses required to transport samples
from the job site to the individual firms laboratory where the test will be conducted (not
necessarily in Fresno Metropolitan area). Sample Pick-up includes all premium prevailing
wage time for after hours, Saturdays and/or Sunday pick-ups.
This reimbursement is on a once per trip, once per technician basis for use on days when
no testing or inspection is scheduled, and test methods or project schedules require that
samples be picked up. Also, the sample pick-up rate will be used for off -site sampling of
materials. If a technician is charged for at least the on -site field testing minimum, this rate
does not apply. Multiple Sample Pick -Up charges can be charged if Construction
Management requires either: 1) a sample must be picked up because the technician
cannot leave the site; or 2) off -site inspection on the same day that onsite sample pick-
up is required. If sample pick-up requires travel beyond the Fresno/Clovis Metropolitan
Area, contact Construction Management to negotiate an appropriate fee.
3. Maximum Density and Optimum Moisture Determination (ASTM 01557, CTM 216) -
Perform this test in strict accordance with the required procedure and provide preliminary
verbal report results to Construction Management Project Inspector within 24 hours of
sampling, or as agreed to. Final results shall meet all testing procedure requirements
within a written formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal costs, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
3a. Single Check Point (Maximum Density and Optimum Moisture) (ASTM 01557,
CTM
216) - Provide a single check of the minimum three required for modified proctor results.
Also, provide the maximum point for the CTM 216 wet method complete. Provide
preliminary verbal report results to Construction Management Project Inspector within 24
hours of sampling, or as agreed to. Final results shall meet all testing procedure
requirements within a written formal report, or a separate report; before reimbursement is
approved.
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Exhibit A
4. Laboratory Moisture Content (ASTM 04643, ASTM 04959) - perform this test in strict
accordance with the required procedure and provide preliminary verbal report results to
Construction Management Project Inspector within 24 hours of sampling, or as agreed to.
Final results shall meet all testing procedure requirements within a written formal report,
or a separate report; before reimbursement is approved.
The scope of this item includes all laboratory work, sample tracking costs, consultation,
reporting costs, equipment costs, calibration costs, proper sample disposal cost, or any
other cost required to provide this test not covered under another item in this Exhibit "A".
5. Concrete Compressive Strength (ASTM C172, ASTM C143, ASTM C138, ASTM C39
and ACI standards) - This reimbursement will be for performance of laboratory tests on
all types of concrete cylinders, grout and/or mortar cubes, etc. The scope of the item
includes a set of 4 cylinders/samples, the required curing facilities, the physical
compression strength testing in a calibrated apparatus, plus the preliminary verbal results
for each break and the final formal report required by the testing method. The scope
includes holding a single cylinder for up to one year. Final results shall meet all testing
procedure requirements within a written formal report, or a separate report; before
reimbursement is approved.
The scope of this item includes all laboratory work, sample tracking costs, consultation,
reporting costs, equipment costs, calibration costs, proper sample disposal cost, or any
other cost required to provide this test not covered under another item in this letter.
Note: this item is for laboratory tests only, and does not include any field sampling,
transportation, or inspection, which is covered under other items.
6. Flexural Strength of Concrete (ASTM C78, ASTM C293) (As Needed Only) - This item
provides reimbursement to sample the material (each beam), prepare the specimen, cure
the specimen, and perform this test in strict accordance with the required procedure and
provide verbal or FAX results of flexural strengths to Construction Management Project
Inspector within 24 hours of testing, or as agreed to. Final results shall meet all testing
procedure requirements within a written formal report, or a separate report; before
reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
7. Sieve Analysis of Fine and Coarse Aggregates (CTM 202, ASTM C117, ASTM C136,
ASTM D421, ASTM D422, ASTM D1140) - Perform this test in strict accordance with the
required procedure and provide preliminary verbal report of results with respect to project
specifications (pass/fail) to Construction Management Project Inspector within 24 hours
of sampling, or as agreed to. Final results shall meet all testing procedure requirements
within a written formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work , sample tracking costs, consultation, reporting
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Exhibit A
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
8. Sand Equivalent (CTM 217) - Perform this test in strict accordance with the required
procedure and provide preliminary verbal report results with respect to project
specifications (pass/fail) to Construction Management Project Inspector within 24 hours
of sampling, or as agreed to. Final results shall meet all testing procedure requirements
within a written formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work , sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
9. R-Value (CTM 301, ASTM D2844) - Perform this test in strict accordance with the
required procedure and provide preliminary verbal report results to Construction
Management
Project Inspector within 48 hours of sampling, or as agreed to. Final results shall meet
all testing procedure requirements within a writtein formal report, or a separate report;
before reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
10. Laboratory Tested Maximum Density (LTMD of Pre Mixed HMA) - Perform this test in
strict accordance with the required procedure. When notified at least 5 working days in
advance, maximum density results are required within 4 hours of sampling (same day)
and provide preliminary verbal report results to Construction Management Project
Inspector during paving, or as agreed to. Final results shall meet all testing procedure
requirements within a written formal report, or a separate report; before reimbursement is
approved.
The scope of on -site in -place density testing/sampling is to be covered under Item 1 Field
Testing. This item is for the laboratory work to obtain the maximum density. The scope
includes all laboratory work, sample tracking costs, consultation, reporting costs,
equipment costs, calibration costs, sample disposal costs, or any other cost required to
provide this test not covered under another item in this Exhibit "A".
11. Asphalt Content (CTM 310, CTM 362, CTM 382) - Perform this test in strict
accordance with the required procedure and provide preliminary verbal report results to
Construction Management Project Inspector within 4 hours of sampling, or as agreed to.
Final results shall meet all testing procedure requirements within a written formal report,
or a separate report; before reimbursement is approved .
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample and test materials disposal
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Exhibit A
costs, or any other cost required to provide this test not covered under another item in
this Exhibit "A".
12. Hot Mix Asphalt Extraction by Solvent - Perform this test in strict accordance with the
required procedure and provide preliminary verbal report results with respect to project
specifications (pass/fail) to Construction Management Project Inspector within 24 hours
of sampling, or as agreed to. Final results shall meet all testing procedure requirements
within a written formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
13. Gradation of Extracted Aggregates - Perform this test in strict accordance with the
required procedure and provide preliminary verbal report results with respect to project
specifications (pass/fail) to Construction Management Project Inspector within 24 hours
of sampling, or as agreed to. Final results shall meet all testing procedure requirements
within a written formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
14. Stability and Resistance to Plastic Flow (CTM 304, CTM 366) - perform these tests in
strict accordance with the required procedure and provide preliminary verbal report
results to Construction Management Project Inspector within 96 hours of sampling, or as
agreed to. Final results shall meet all testing procedure requirements within a written
formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
15. Bulk Specific Gravity, Density, and Thickness of AC Core (CTM 308) (As Requested
Only) - Perform this test in strict accordance with the required procedure with the addition
of measuring and reporting the average thickness. The scope includes only the laboratory
procedure of determining the bulk specific gravity, density and thickness of cores which
are either collected by the City or a Contractor. When ordered, provide preliminary verbal
report results to Construction Management Project Inspector within 24 hours of sampling,
or as agreed to. Final results shall meet all testing procedure requirements within a written
formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this letter. If the testing
firm is required to take the cores, the sampling will be compensated under Field Testing
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Exhibit A
Item No. 1 with an agreed to equipment charge.
16. Durability Index (CTM 229) - Perform this test in strict accordance with the required
procedure and provide preliminary verbal report results with respect to project
specifications (pass/fail) to Construction Management Project Inspector within 24 hours
of sampling, or as agreed to. Final results shall meet all testing procedure requirements
within a written formal report, or a separate report; before reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this exhibit "A".
17. Abrasion of Coarse Aggregate by Use of the Los Angeles Rattler Machine (CTM 211)
(500 Revolutions Minimum) (As Requested Only) - Perform this test in strict accordance
with the required procedure and provide preliminary verbal report results with respect to
project specifications (pass/fail) to Construction Management Project Inspector within 48
hours of sampling, or as agreed to. Final results shall meet all testing procedure
requirements within a written formal report, or a separate report; before reimbursement is
approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this exhibit "A".
18. Clay Lumps and Friable Particles in Aggregates (ASTM C142) - Perform this test in
strict accordance with the required procedure and provide preliminary verbal report
results with respect to project specifications (pass/fail) to Construction Management
Project Inspector within
48 hours of sampling, or as agreed to. Final results shall meet all testing procedure
requirements within a written formal report, or a separate report; before reimbursement is
approved.
19. Soundness of Aggregates by Use of Sulfate (ASTM C88) - Perform this test in strict
accordance with the required procedure and provide preliminary verbal report results with
respect to project specifications (pass/fail) to Construction Management Project Inspector
within
48 hours of sampling, or as agreed to. Final results shall meet all testing procedure
requirements within a written formal report, or a separate report; before reimbursement is
approved.
20. Cleanness of Coarse Aggregates (CTM 227) - Perform this test in strict accordance
with the required procedure and provide preliminary verbal report results with respect to
project specifications (pass/fail) to Construction Management Project Inspector within 48
hours of sampling, or as agreed to. Final results shall meet all testing procedure
requirements within a written formal report, or a separate report; before reimbursement is
approved.
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Exhibit A
21. Registered Civil Engineer - Reimbursement to attend meetings and review/prepare
required correspondence beyond required reports (requires City approval prior to work).
This charge can be billed in 1/2 hour increments for professional engineering services
required beyond reporting of results and conclusions regarding field observations made
as a part of Item No. 1. If requested by City staff, this reimbursement is to provide
professional engineering evaluation and/or review of construction related conditions and
for recommendations or conclusions in support of Construction Management projects.
22. Project Manager - To perform management duties, attend meetings, and prepare
required correspondence beyond required reports (requires City approval prior to work).
This charge can be billed in 1/2 hour increments for non-professional services required
beyond reporting of results collected as a part of Item No. 1. If requested by City staff,
this reimbursement is to provide non-professional engineering evaluation and/or review
of construction related conditions and for recommendations or conclusions (under the
direction of a professional engineer) in support of Construction Management projects.
23. Administrative Staff - Reimbursement for mass document copying, drafting, file
searches, etc. (requires City approval prior to work). Note: cannot include any costs for
billing. This charge can be billed in Yz hour increments for administrative services
required beyond reporting of results collected as a part of Item No. 1. If requested by City
staff, this reimbursement is to provide administrative time to respond to Construction
Management requests.
24. Reinforcing Steel Tension and Bend Test (No. 12 Bar and smaller) - Perform this test
in strict accordance with the required procedure and provide preliminary verbal report
results with respect to project specifications (pass/fail) to Construction Management
Project Inspector within 24 hours of sampling, or as agreed to. Final results shall meet all
testing procedure requirements within a written formal report, or a separate report; before
reimbursement is approved.
The scope includes all laboratory work, sample tracking costs, consultation, reporting
costs, equipment costs, calibration costs, proper sample disposal cost, or any other cost
required to provide this test not covered under another item in this Exhibit "A".
25. Special Inspection Services - This item provides reimbursement at prevailing wage
rates for a Certified Special Inspector to perorm inspections in accordance with applicable
standard procedures. The rate includes all on -site time for a single inspector only,
rounded to the nearest 1/2 hour, beyond the minimum 1 hour unit. The reimbursement is
for all basic reporting, equipment charges, insurance, training, billing, safety programs,
invoicing, QA/QC, administrative services, or other expenses required to provide
competent on -site inspection services. The rate also includes professional and non-
professional supervision, routine report generation, and routine report review.
As a part of providing this service under this rate, it is the responsibility of the firms
providing the work to confirm the actual time on -site with the assigned Construction
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Exhibit A
Management Project Inspector on a daily basis. Failure to do this may result in time being
reduced from invoices submitted at Construction Management's discretion.
This reimbursement may not be used for any additional inspection and/or technician time
on a job site. Prevailing wage rates allow for alternate wage classifications for multiple
technicians. When these situations arise which require more than one inspector and/or
technician on a project at one time, contact Construction Management.
This reimbursement does not include travel time. A separate travel fee can be charged
for travel costs (see item No. 1 a.).
This reimbursement does not include costs for non -routine report preparation such as
submittal review, RFI response, providing recommendations or conclusions beyond
passing of failing tests or inspections. Time to prepare non- routine report preparation can
be charged using the Registered Engineer, Project Manager, and/or Administrative Staff
fees on the enclosed schedule as approved by Construction Management.
26. High Strength Bolt Torque Testing (Onsite) - Perform this test in strict accordance
with the required procedure and provide preliminary verbal report results to Construction
Management Project Inspector within 24 hours, or as agreed to. Final results shall meet
all testing procedure requirements within a written formal report, or a separate report;
before reimbursement is approved.
The scope includes all field work, consultation, reporting costs, equipment costs,
calibration costs, proper sample disposal costs, or any other cost required to provide this
test not covered under another item in this Exhibit "A".
27. Welding Inspection - This item provides reimbursement at prevailing wage rates for a
Certified Welding Inspector to perorm inspections in accordance with applicable standard
procedures. The rate includes all on -site time for a single inspector only, rounded to the
nearest 1/2 hour, beyond the minimum 1 hour unit. The reimbursement is for all basic
reporting, equipment charges, insurance, training, billing, safety programs, invoicing,
QA/QC, administrative services, or other expenses required to provide competent on -
site inspection services. The rate also includes professional and non-professional
supervision, routine report generation, and routine report review.
As a part of providing this service under this rate, it is the responsibility of the firms
providing the work to confirm the actual time on -site with the assigned Construction
Management Project Inspector on a daily basis. Failure to do this may result in time being
reduced from invoices submitted at Construction Management's discretion.
This reimbursement may not be used for any additional inspection and/or technician time
on a job site. Prevailing wage rates allow for alternate wage classifications for multiple
technicians. When these situations arise which require more than one inspector and/or
technician on a project at one time, contact Construction Management.
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Exhibit A
This reimbursement does not include travel time. A separate travel fee can be charged
for travel costs (see item No. 1 a.).
This reimbursement does not include costs for non -routine report preparation such as
submittal review, RFI response, providing recommendations or conclusions beyond
passing of failing tests or inspections. Time to prepare non- routine report preparation can
be charged using the Registered Engineer, Project Manager, and/or Administrative Staff
fees on the enclosed schedule as approved by Construction Management.
28. Shop Welding Inspection - This item provides reimbursement at prevailing wage rates
for a Certified Welding Inspector to perorm inspections in accordance with applicable
standard procedures. The rate includes all on -site time for a single inspector only,
rounded to the nearest 1/2 hour, beyond the minimum 1 hour unit. The reimbursement is
for all basic reporting, equipment charges, insurance, training, billing, safety programs,
invoicing, QA/QC, administrative services, or other expenses required to provide
competent on -site inspection services. The rate also includes professional and non-
professional supervision, routine report generation, and routine report review.
As a part of providing this service under this rate, it is the responsibility of the firms
providing the work to confirm the actual time on -site with the assigned Construction
Management Project Inspector on a daily basis. Failure to do this may result in time being
reduced from invoices submitted at Construction Management's discretion.
This reimbursement may not be used for any additional inspection and/or technician time
,on a job site. Prevailing wage rates allow for alternate wage classifications for multiple
technicians. When these situations arise which require more than one inspector and/or
technician on a project at one time, contact Construction Management.
This reimbursement does not include travel time. A separate travel fee can be charged
for travel costs (see item No. 1 a.).
This reimbursement does not include costs for non -routine report preparation such as
submittal review, RFI response, providing recommendations or conclusions beyond
passing of failing tests or inspections. Time to prepare non- routine report preparation can
be charged using the Registered Engineer, Project Manager, and/or Administrative Staff
fees on the enclosed schedule as approved by Construction Management.
29. Pipe Manufacturing Plant Inspections - This item provides reimbursement at
prevailing wage rates for a Certified Special Inspector to perorm inspections in
accordance with applicable standard procedures. The rate includes all on -site time for a
single inspector only, rounded to the nearest 1/2 hour, beyond the minimum 1 hour unit.
The reimbursement is for all basic reporting, equipment charges, insurance, training,
billing, safety programs, invoicing, QA/QC, administrative services, or other expenses
required to provide competent on -site inspection services. The rate also includes
professional and non-professional supervision, routine report generation, and routine
report review.
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Exhibit A
As a part of providing this service under this rate, it is the responsibility of the firms
providing the work to confirm the actual time on -site with the assigned Construction
Management Project Inspector on a daily basis. Failure to do this may result in time being
reduced from invoices submitted at Construction Management's discretion.
This reimbursement may not be used for any additional inspection and/or technician time
on a job site. Prevailing wage rates allow for alternate wage classifications for multiple
technicians. When these situations arise which require more than one inspector and/or
technician on a project at one time, contact Construction Management.
This reimbursement does not include travel time. A separate travel fee can be charged
for travel costs (see item No. 1 a.).
This reimbursement does not include costs for non -routine report preparation such as
submittal review, RFI response, providing recommendations or conclusions beyond
passing of failing tests or inspections. Time to prepare non- routine report preparation can
be charged using the Registered Engineer, Project Manager, and/or Administrative Staff
fees on the enclosed schedule as approved by Construction Management.
30. Cured in Place Pipe (CIPP) Liner Thickness - perform this test in strict accordance
with the required procedure and provide preliminary verbal report results to Construction
Management Project Inspector within 24 hours of testing, or as agreed to. Final results
shall meet all testing procedure requirements within a written formal report, or a separate
report; before reimbursement is approved.
The scope of this item includes all laboratory work, sample tracking costs, consultation,
reporting costs, equipment costs, calibration costs, proper sample disposal cost, or any
other cost required to provide this test not covered under another item in this Exhibit "A".
31. Cured in Place Pipe (CIPP) Liner Flexural Modulus - perform this test in strict
accordance with the required procedure and provide preliminary verbal report results to
Construction Management Project Inspector within 24 hours of sampling, or as agreed to.
Final results shall meet all testing procedure requirements within a written formal report,
or a separate report; before reimbursement is approved.
The scope of this item includes all laboratory work, sample tracking costs, consultation,
reporting costs, equipment costs, calibration costs, proper sample disposal cost, or any
other cost required to provide this test not covered under another item in this Exhibit "A".
32. Cured in Place Pipe (CIPP) Liner Flexural Strength - perform this test in strict
accordance with the required procedure and provide preliminary verbal report results to
Construction Management Project Inspector within 24 hours of sampling, or as agreed to.
Final results shall meet all testing procedure requirements within a written formal report,
or a separate report; before reimbursement is approved.
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Exhibit A
The scope of this item includes all laboratory work, sample tracking costs, consultation,
reporting costs, equipment costs, calibration costs, proper sample disposal cost, or any
other cost required to provide this test not covered under another item in this Exhibit "A".
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Exhibit A
SCHEDULE OF FEES
[Schedule of Fees]
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Exhibit A
CITY OF FRESNO ACCEPTANCE TESTING SCHEDULE OF FEES
November 2022 — November 2027
Rafpc fnr Tacfinn and InsneCtion
Description of Service/Test
Rate
1.
Field Technician Services - Perform Soil, Aggregate Base, Asphalt Concrete compaction testing,
sample/test concrete (1'/z hour minimum,'/2 hour increments)
$ 120/hour"
la
Trip Charge - (includes all prep -work, mileage and vehicle costs)
$ 65/each
2
Sample Pick Up — Construction Materials, Concrete Cylinders. On and offsite. No testing, trip
charge included
$ 105/each
3.
Maximum Density and Optimum Moisture Determination (Soils and Aggregates)
$ 235/test
3a.
Maximum Density and Optimum Moisture Single check point (Soils and Aggregates)
$ 125/test
4.
Laboratory Determined Moisture Content of Soils and Aggregates
$ 55/test
5.
Concrete compressive strength - (Set of 5 - 4"x8" or Set of 4 — 6"xl2" including proper storage
and cure)
$ 120/set
5.a
Concrete Compressive Strength — (Additional test cylinder/specimen including proper storage
and cure)
$28/additional
specimen
6.
Flexural Strength of Concrete
$125/beam
7.
Sieve Analysis of Fine and Coarse Aggregates - (not including hydrometer)
$ 185/test
8.
Sand Equivalent
$ 130/test
9.
R-Value
$ 285/test
10.
Laboratory Tested Maximum Density (LTMD of Pre Mixed HMA)
$ 330/test
11.
Asphalt Content by Ignition Method (test results within 4 hours)
$ 225/test
12
Hot Mix Asphalt Extraction by solvent
$ 285/test
13.
Gradation of Extracted Aggregates
$ 195/test
14.
Stability Value of Hot Mix Asphalt
$ 225/test
15.
Bulk Specific Gravity, Density, and Thickness of Asphalt Concrete Cores
$ 75/test
16.
Durability Index
$ 205/test
17.
Abrasion of Coarse Aggregate by Use of the Los Angeles Rattler Machine
$ 245/test
18.
Clay Lumps and Friable Particles in Aggregates
$ 200/test
19.
Soundness of Aggregates (price per sieve)
$ 620/each
20.
Cleanness Value of Course Aggregates
$ 145/test
21,
Registered Civil Engineer - to attend meetings, review/prepare required correspondence beyond
required reports (Requires City approval prior to work)
$ 185/hour'
22.
Project Manager- to perform management duties, attend meetings, and prepare required
correspondence beyond required reports (Requires City approval prior to work)
$ 135/hour*
23.
Administrative Staff - Mass document copying, drafting, file searches, etc. (requires City approval
prior to work). Note: cannot include any costs for billing
$ 75/hour*
24.
Reinforcing Steel Tension and Bend Test (No. 12 Bar and Smaller)
$ 135/test
25.
Special Inspection Services - 1'/z hour minimum,'/z hour increments. (Reinforced Concrete,
Structural Masonry, High strength Bolting)
$ 127/hour*
26
High Strength Bolt Torque Testing (onsite)
$ 127/hour*
27
Welding Inspection (1'% hour minimum,''/z hour increments) (CWI)
$ 127/hour"
28
Shop Welding Inspection (1'% hour minimum,''/z hour increments) (CWI)
$ 80/hour*
29
Pipe Manufacturing Plant inspection (1'/2 hour minimum,%x hour increments)
$ 80/hour*
30.
Cured in Place Pipe (CIPP) Liner Thickness (Includes 3 specimens per test)
$ 500/test
CITY OF FRESNO ACCEPTANCE TESTING SCHEDULE OF FEES
November 2022 — November 2027
Rates for Testing and instaectiort
`Those fees will automatically increase by an escalation factor of 3% on the 1"January of each year during the duration of the
agreement 2022 to 2027.
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and RMA GeoScience (Consultant)
Public Works Capital Improvement Program (Program)
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non -
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non -owned automobiles or other licensed
vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
Consultant profession.
MINIMUM LIMITS OF INSURANCE
Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability
of not less than those set forth below. However, insurance limits available to City, its
officers, officials, employees, agents and volunteers as additional insureds, shall be the
greater of the minimum limits specified herein or the full limit of any insurance proceeds
available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
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2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet
the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford
no less coverage than the primary insurance policy(ies). In addition, such Umbrella or
Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for
the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and Consultant shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager
or designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects to City, its officers, officials, employees,
agents and volunteers; or
(ii) Consultant shall provide a financial guarantee, satisfactory to City'S
Risk Manager or designee, guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
At no time shall City be responsible for the payment of any
deductibles or self -insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
City, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. Consultant shall establish additional insured
status for the City for all ongoing and completed operations under the
Commercial General Liability policy by use of ISO Forms or an executed
manuscript insurance company endorsement providing additional insured
status. The Commercial General endorsements must be as broad as that
contained in ISO Forms: CG 20 10 11 85 or both CG 20 10 & CG 20 37.
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2. The coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees, agents and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, Consultant insurance coverage
shall be primary insurance with respect to the City, its officers, officials,
employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents and
volunteers shall be excess of Consultant insurance and shall not contribute
with it. Consultant shall establish primary and non-contributory status by
using ISO Form CG 20 01 04 13 or by an executed manuscript insurance
company endorsement that provides primary and non-contributory status
as broad as that contained in ISO Form CG 20 01 04 13.
The Workers' Compensation insurance polic is to contain, or be endorsed to contain, the
following provision: Consultant and its insurer shall waive any right of subrogation against
City, its officers, officials, employees, agents and volunteers.
If the Professional Liability Errors and Omissions insurance policy is written on a claims -
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five-year discovery period.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by Consultant, Consultant
must purchase "extended reporting" coverage for a minimum of five years
completion of the Agreement work or termination of the Agreement,
whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to City for
review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non -renewed, reduced in coverage or in limits except after 30
calendar days written notice by certified mail, return receipt requested, has been given to
City. Consultant is also responsible for providing written notice to the City under the same
terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of
cancellation, non -renewal, or reduction in coverage or in limits, Consultant shall furnish
City with a new certificate and applicable endorsements for such policy(ies). In the event
any policy is due to expire during the work to be performed for City, Consultant shall
provide a new certificate, and applicable endorsements, evidencing renewal of such
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 3 of 4
policy not less than 15en calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by Consultant shall not be deemed to release or
diminish the liability of Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by Consultant. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the liability of
Consultant, its principals, officers, agents, employees, persons under the supervision of
Consultant, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or
anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If Consultant subcontracts any or all of the services to be
performed under this Agreement, Consultant shall require, at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with
the City to provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by City Risk Manager or designee. If no Side Agreement is
required, Consultant will be solely responsible for ensuring that its subcontractors
maintain insurance coverage.at levels no less than those required by applicable law and
is customary in the relevant industry.
VERIFICATION OF COVERAGE
Consultant shall furnish City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City's Risk Manager or designee prior to City's
execution of the Agreement and before work commences. All non -ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of City, Consultant shall immediately furnish City with a complete
copy of any insurance policy required under this Agreement, including all endorsements,
with said copy certified by the underwriter to be a true and correct copy of the original
policy. This requirement shall survive expiration or termination of this Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Public Works Capital Improvement Program (Program
YES* I NO
1 Are you currently in litigation with the City of Fresno or any of its ` J to
agents?
2 Do you represent any firm, organization, or person who is in litigation I ❑ $Zi
With the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
Si
business with the City of Fresno?
4
Are you or any of your principals, managers, or professionals,
owners or investors in a business, which does business with the City
of Fresno, or in a business which is in litigation with the City of
Fresno?
5
Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee who
❑
has any significant role in the subject matter of this service?
6
Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
❑
this Project?
* If the answer to any question is yes, please explain in full below.
r
Explanation!
Signature
10
Date
❑ Additional page(s) attached.
(Name)
V_�4A (9 JLO SCA C E
(Company)
(Address)
�_At,IcAo [ ix(fi m bJ 6A
(City State Zip)
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Exhibit C
EXHIBIT D
FEDERAL AND STATE ASSURANCES
Consultant Service Agreement between City of Fresno (City)
and RMA GeoScience (Consultant)
Public Works Capital Improvement Program (Program)
1. The Consultant shall comply with and require its Subcontractors to comply with the
following:
a. 23 USC §112 regarding Highways and the letting of contracts to Architects
and Engineers;
b. The provisions of the Fair Employment and Housing Act (Government Code
Section 1290-0 et seq.), and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.).
The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12900(a-f), set forth
in Chapter of Division 4 of Title 2 of the California Code of Regulations are
incorporated into this Agreement by reference and made a part hereof as if
set forth in full. Give a written notice of their obligations under this clause to
any labor organizations with which they have a collective bargaining or any
other agreements as appropriate. INCLUDE THIS ENTIRE CLAUSE IN
ANY AND ALL SUBCONTRACTS.
c. Appendix A attached hereto and incorporated herein.
2. Cost Principles
a. The Consultant agrees that the Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1 Part 31.000 et
seq., shall be used to determine the allowability of cost for individual items.
b. The Consultant also agrees to comply with federal procedures in
accordance with 49 CFR, Part 18, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
c. Any costs for which payment has been made to the Consultant that are
determined by subsequent audit to be unallowable under 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject
to repayment by the Consultant to the City.
3. Subcontracting
a. the Consultant shall perform the work contemplated with resources
available within its own organization; and no portion of the work pertinent to
this Agreement shall be subcontracted without written authorization by the
City's Contract Manager, except that, which is expressly identified in the
approved Cost Proposal.
b. Any subcontract in excess of $25,000 shall contain ALL the provisions
stipulated in this Agreement to be applicable to subcontractors.
c. Any substitution of subconsultants/subcontractors must be approved in
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Page 1 of 3
Exhibit D
writing by the City's Contract Manager.
4. Equipment Purchase
a. Prior authorization in writing, by the City's Contract Manager shall be
required before the Consultant enters into any unbudgeted purchase order,
or subcontract exceeding $5,000 for supplies, equipment, or the Consultant
services. The Consultant shall provide a written request which includes an
evaluation of the necessity or desirability of incurring such costs, three
competitive quotations obtained in the manner prescribed in the City's
Municipal Code Section 4-101(d) or 4-102 as applicable or a sole source
justification as provided in the City's Administrative Order No. 3-3.
b. Any equipment purchased as a result of this Agreement is subject to the
following: the 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 $5,000 or more. If the purchased
equipment needs replacement and is sold or traded in, the City shall receive
a proper refund or credit at the conclusion of the Agreement, or if the
Agreement is terminated, the Consultant may either keep the equipment
and credit the City 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 the City procedures; and credit the City in an
amount equal to the sales price. If the Consultant elects to keep the
equipment, fair market value shall be determined at the Consultant's
expense, on the basis of a competent independent appraisal of such
equipment. Appraisals shall be obtained from an appraiser mutually
agreeable to the City and the Consultant, if it is determined to sell the
equipment, the terms and conditions of such sale must be approved in
advance by the City. 49 CFR, Part 18 requires a credit to Federal funds
when participating equipment with a fair market value greater than $5,000
is credited to the project.
c. The above provisions shall be included in all subcontracts in excess of
$25,000.
5. PROHIBITION OF EXPENDING City STATE OR FEDERAL FUNDS FOR
LOBBYING
This section only applies to contracts where federal funding will exceed $100,000.
A. The Consultant certifies to the best of his or her knowledge and belief that:
1. No state, federal or City 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 the awarding of any state or federal contract; the
making of any state or federal grant; the making of any state or federal loan; the
entering into of any cooperative agreement, and the extension, continuation,
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Page 2 of 3
Exhibit D
renewal, amendment, or modification of any state or federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will
be paid to any person for influencing or attempting to influence an officer or
employee of any federal agency; a Member of Congress; an officer or employee
of Congress, or an employee of a Member of Congress; in connection with this
federal contract, grant, loan, or cooperative agreement; the Consultant shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
C. 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.
6. NON-DISCRIMINATION CLAUSE
During the performance of this Agreement, the Consultant and its subcontractors
shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS), mental
disability, medical condition (e.g., cancer), age (over40), marital status, and denial
of family care leave. The Consultant and subcontractors shall insure that the
evaluation and treatment of their employees and applicants for employment are
free from such discrimination and harassment. The Consultant and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title
2 of the California Code of Regulations, are incorporated into this Agreement by
reference and made a part hereof as if set forth in full. The Consultant and its
subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
Agreement.
The Consultant shall include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under the Agreement.
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022)
Page 3 of 3
Exhibit D
APPENDIX A TO EXHIBIT D
Consultant Service Agreement between City of Fresno (City)
and RMA GeoScience (Consultant)
Public Works Capital Improvement Program (Program)
(1) The Consultant shall comply with the regulations relative to nondiscrimination in
federally assisted programs of the Department of Transportation, Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time
(REGULATIONS), which are herein incorporated by reference and made a part of this
Agreement.
(2) The Consultant, with regard to the work performed by it during the Agreement, shall
not discriminate on the grounds of race, color, sex, national origin, religion, age, or
disability in the selection and retention of sub -applicants, including procurements of
materials and leases of equipment. The Consultant shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including
employment practices when the Agreement covers a program set forth in Appendix B of
the REGULATIONS.
(3) In all solicitations either by competitive bidding or negotiation made by the Consultant
for work to be performed under a Sub -agreement, including procurements of materials or
leases of equipment, each potential sub -applicant or supplier shall be notified by the
Consultant of the Consultant's obligations under this Agreement and the REGULATIONS
relative to nondiscrimination on the grounds of race, color, or national origin.
(4) The Consultant shall provide all information and reports required by the
REGULATIONS, or directives issued pursuant thereto, and shall permit access to the
Consultant's books, records, accounts, other sources of information, and its facilities as
may be determined by STATE or Federal Highway Administration (FHWA) to be pertinent
to ascertain compliance with such REGULATIONS or directives. Where any information
required of the Consultant is in the exclusive possession of another who fails or refuses
to furnish this information, the Consultant shall so certify to the State of California (STATE)
or the FHWA as appropriate, and shall set forth what efforts the Consultant has made to
obtain the information.
(5) In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, STATE shall impose such agreement sanctions as it or the FHWA may
determine to be appropriate, including, but not limited to:
(a) withholding of payments to the City under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) The Consultant shall include the provisions of paragraphs (1) through (6) in every sub -
agreement, including procurements of materials and leases of equipment, unless exempt
by the REGULATIONS, or directives issued pursuant thereto. The Consultant shall take
such action with respect to any sub -agreement or procurement as STATE or FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance,
provided, however, that, in the event the Consultant becomes involved in, or is threatened
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 1 of 2
Appendix A to Exhibit D
with, litigation with a sub -applicant or supplier as a result of such direction, the Consultant
may request STATE enter into such litigation to protect the interests of STATE, and, in
addition, the Consultant may request the United States to enter into such litigation to
protect the interests of the United States.
(7) The Consultant shall execute the following CERTIFICATION OF CONSULTANT,
COMMISSIONS & FEES:
I HEREBY CERTIFY that I am KOL✓k 51-11)`1 oA`t and duly
authorized representative of the firm of rA4 ►q, &,a whose
address is �,�a"T N• Av%n A,d41 and
that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working solely
for me or the above Consultant) to solicit or secure this Agreement; nor
(b) agreed, as an express or implied condition for obtaining this Agreement, to employ or
retain the services of any firm or person in connection with carrying out the Agreement;
nor
(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above Consultant) any fee, contribution, donation,
or consideration of any kind, for or in connection with, procuring or carrying out this
Agreement.
I acknowledge that this Certificate is to be made available to the California Department of
Transportation (Caltrans) in connection with this Agreement involving participation of
Federal -aid Highway funds, and is subject to applicable state and federal laws, both
criminal and civil.
to
(Date)
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022)
(Signature)
Page 2 of 2
Appendix A to Exhibit D
EXHIBIT E
TASK ORDER FORM
Consultant Service Agreement between City of Fresno (City)
and RMA GeoScience (Consultant)
Public Works Capital Improvement Program (Program)
TASK ORDER:
Title/Project:
Consultant:
City Project ID:
Task Order Description Attach Scope of Wark :
Task Order Work Plan:
Task Order Deliverable:
Task Order Sta�
Task Order Cost:
Task Order Period of Performance:
Task Order DBE Commitment:
Consultant Project Manager:
City Project Manager:
Authorized Signatures
Consultant's Authorized Representative Cit 's Authorized Re resentative
Signature
Name:
Title:
Date:
Attachments:
9. Scope of Work
2. Cost Proposal
Name:
Title:
Date:
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 1 of 1
Exhibit E
Signature