HomeMy WebLinkAboutMoore Twining Associates, Inc. -Agrmnt - 12-23-2022AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
This Agreement is made and entered into effective on _ I r - a�-3 - by
and between the CITY OF FRESNO, a California municipal corporation (City), and
MOORE TWINING ASSOCIATES, INC., a California corporation (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional on -call Independent Assurance
Consulting 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. Compensation.
(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.
Q) 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, Fresno, CA 93710)
(n) The period of performance for Task Orders shall be in accordance with
dates specified in the Task Order. No Task Order wi!l 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 $117,000. 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 Ma'eu
(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 None 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 shailI 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 bee_-i 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
2010 11 85.
9. Conflict of Interest and Non -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:
11
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.
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
reauirements 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 Zack Peacock, EIT, 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.
DPW-S FHWA Eng. On -Call, T&M - Multiple (04-2022)
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 personaliy, 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.
DPW-S FHWA Eng. On -Call, T&M - Multiple (04-2022)
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. Heading - 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. Severability. 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.
2& 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.]
DPW-S FHWA Eng. On -Call, T&M - Multiple (04-2022)
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 cor ration
By:
Bill Herr,
Assistant Director
Public Works Department
ATTEST:
TODD STERMER, CMC
city Cie
te'- ZI!, '-
GdL Cos 51oe A Up re--
q
No signature of City Attorney required.
Standard Document DPW-S FHWA
Engineering On -Call, T&M — Multiple
(04-2022) has been used without
modification, as certified by the
undersig d
By:
V�'
Johna RAJ
Senior Engineering Inspector
Public Works Department
REVIEWE B
By:
Johnan uiz
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
DPW-S FHWA Eng. On -Call, T&M - Multiple (04-2022)
MOORE TWINING ASSOCIATES, INC.,
a Californa corporation
By:
Name: Harry D. Moore, RGE, RCE
Title: President
(If corporation or LLC., Board Chair,
Pres or Vice Pres.)
By: _ �k
Name: Ruth Moore
Title: Secretary / Treasurer
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: C 35147
Name: Harry D. Moore
Date of Issuance: 1982
Consultant:
MOORE TWINING ASSOCIATES, INC.
Attention: Zachary Peacock,
Assistant Manager
2527 Fresno Street
Fresno, CA 93721
Phone: 559-268-7021
E-mail: ZacharyP@mooretwining.com
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 MOORE TWINING ASSOCIATES, INC. (Consultant)
Public Works Capital Improvement Program (Program)
PROJECT OBJECTIVE:
Independent Assurance Consultant (IAC) will ensure laboratories performing materials
acceptance testing and inspection services for the City of Fresno (City) are accredited
and qualified. This generally includes verifying test equipment, checking for current
calibration stickers, reviewing the testing laboratory's Quality Control Manual, issuing
written examinations to qualify samplers and testers, and issuing Certificates of
Proficiencies.
INDEPENDENT ASSURANCE SERVICES:
IAC will be compensated at the hourly rate listed for Project Manager on the attached
"Rates for Testing and Inspection". Any additional tests required to perform the IAC
services shall be billed at the test rates indicated on the attached rate sheet. 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.
Proficiency Testing by the IAC:
The IAC shall oversee a laboratory that performs annual proficiency tests using AMRL,
CCRL and/or CT methods. Proficiency tests are also called corroboration tests, round-
robin tests and split -sample tests. For the use of ASTM and AASHTO standards, the IAC
shall be accredited by AASHTO and perform annual proficiency tests with AMRL and/or
CCRL.
IAC Restrictions:
The IAC shall not perform both IA services and acceptance testing for the City. The IAC
shall remain totally separate (or independent) from all elements of the specification
compliance process. The main function of the IAC is to "test the acceptance tester" and
not be directly involved with the acceptance of materials.
Use Separate Testing Equipment for IA Activities:
When acceptance testers perform proficiency tests, the IAC shall not use testing
equipment that is also used for acceptance testing. Separate testing equipment should
be used. This separate equipment shall never be used by others, especially workers
who perform acceptance testing for the City of Fresno.
Issuing Certificates of Proficiency for Acceptance Samplers and Testers:
Annually the IAC shall issue a Certificate of Proficiency to all materials acceptance
samplers and testers to qualify these persons to perform work for the City of Fresno. To
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 1 of 6
Exhibit A
assist with this qualification process, samplers and/or testers may be asked to take a
standard written examination to demonstrate knowledge of the test procedure.
The Certificate of Proficiency shall include the following items:
• The printed full name of the acceptance sampler and/or tester
• The company and address of the qualified sampler and/or tester
• A list,of the test methods the sampler and/or tester is qualified to perform
• The re -qualification date (month and year) for each test
• The printed name (and signature) of the IA person
• The date the certificate is issued
Each sampler and/or tester shall receive a copy of the Certificate of Proficiency. Prior
to sampling and testing on a City of Fresno project, the IAC shall provide the Resident
Engineer with a copy of the Certificate of Proficiency for each sampler and tester on the
project.
Issuing Laboratory Accreditation Certificates:
At least once during each calendar year, the IAC shall review each materials testing
laboratory that performs work for the City of Fresno to verify the laboratory has the
following:
• A current copy of the local agency's QAP (signed and dated by the city engineer).
• A current copy of all test methods used by the local agency.
• Proper test equipment (with firmly attached calibration stickers dated within 12
months of the current date), supporting calibration records and round-robin test results
(from an accredited laboratory tied to AMRL, CCRL or Caltrans' RSP).
• Current Certificates of Proficiency for all samplers and/or testers expected to be
on the project.
The Laboratory Accreditation Certificate shall include the printed name and address of
the laboratory, the accreditation date, a list of the tests the laboratory is accredited to
perform and the full name of the IA person, and a statement that all of the above
requirements have been met.
Performing Witness Tests:
At least once during each calendar year, the IAC shall meet with the local agency
acceptance samplers and testers; and observe them perform the test (or tests) that they
are qualified to perform. The meeting location may be designated by the IAC. Materials
used for the witness testing may be from any source or location determined by the
IAC. If the IA person observes that the sampling and/or testing procedures are
performed correctly, the successful witness test is documented.
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 2 of 6
Exhibit A
If a test is not performed correctly, or the equipment does not have a proper calibration
sticker, the IA person is required to immediately notify the acceptance sampler and/or
tester that they are disqualified for that test., The disqualified person should also be
handed a notice stating the terms of the decertification. An example would be: "the
acceptance tester improperly used a wooden stake instead of the required tamping rod
to consolidate the concrete during fabrication of the test cylinders ." The disqualified
person should then wait at least seven days before requesting another witness test for
the test that was incorrectly performed. It should be noted, that when a
person is disqualified for one or more tests, the person is still qualified to perform the
other tests identified on the Certificate of Proficiency.
Performing Proficiency Tests (Also Known as Corroboration Tests, Round -Robin Tests
and Split Sample Tests):
At least once during each calendar year, the IAC shall present each acceptance tester
with a representative sample of soil or aggregate for proficiency testing. Corroboration
samples are prepared by the IAC using materials either on or off the project site. One
split sample is tested by the IA person, using test equipment not used for acceptance
testing. These test results are used as a standard to evaluate the results obtained by
the acceptance tester.
After a second split sample is presented to the acceptance tester, the acceptance tester
is asked to go to the laboratory and perform the following tests: sand equivalent,
cleanness value and sieve analysis.
The acceptance tester's results shall be e-mailed or faxed to the IAC within three days
after the split sample is presented. Test results from the acceptance tester are then
compared to the test results of the IAC using the following table.
Degree of Corroboration
Type of Test Good
Fair
Poor
(Satisfactory)
(Satisfactory)
(Unsatisfactory)
Sieve Analysis(% Passing)
No. 4 Sieve and larger 2 or less
3 to 4
5 or more
No. 8 - No. 30 2 or Less
3
4 or more
No. 50 - No. 100 2 or Less
3
4 or more
No. 200 1 or less
2
3 or more
Sand Equivalent 3 or less
4 to 5
6 or more
(Nearest whole Number)
Cleanness Value 3 or less
4 to 6
7 or more
(Nearest whole Number)
When an acceptance tester receives an "unsatisfactory rating", the IAC shall immediately
meet with the taster, examine the test equipment, the equipment calibration scores, and
the test procedures used by the acceptance tester and witness the acceptance tester
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 3 of 6
Exhibit A
perform the test using their own test equipment. If the non -corroboration can be
resolved and a satisfactory score achieved by the acceptance tester, the acceptance
tester may continue to perform testing on the project. If the non -corroboration cannot be
resolved, both the tester and equipment cannot continue to be used for acceptance
testing and the tester is disqualified for the test in question until the problem is resolved.
Usually this is done by presenting a second split sample for testing. It should be noted,
that when a tester is disqualified for one test, the tester is still qualified to perform the
other tests identified on the Certificate of Proficiency. The disqualified tester should also
be handed a notice stating the terms of the disqualification. The tester must wait at
least seven days before requesting another witness test for the test that was incorrectly
performed. All Resident Engineers or project engineers should immediately be notified
once an acceptance tester becomes disqualified.
Procedures for Tester Reinstatement:
Once a tester has been disqualified, the tester must wait at least 7 days before contacting
the IA person to request a meeting to become re -qualified. After the waiting period, the
IA person may decide to give the acceptance tester another written examination, ask the
acceptance tester to present test equipment with a current calibration sticker, perform
another witness test, and/or conduct another split sample test. Once satisfied that the
acceptance tester is now performing the test satisfactorily (using properly calibrated
test equipment and correct test procedures), the IA person is required to reissue an
updated Certificate of Proficiency. It is the responsibility of the IA person to record and
maintain all IA documents pertaining to the reinstatement of the acceptance sampler
and/or tester, (i.e... copy of the written disqualification notice, record of written
examinations, recertification notice, etc.). It is the responsibility of the acceptance tester
to immediately show their updated Certificate of Proficiency to the Resident Engineer or
project engineer.
Procedure for Dispute Resolution:
Dispute resolution refers to the process of denial, suspension, revocation, appeals, and
reinstatement of an IA person, an acceptance sampler and tester, or a laboratory. If the
contractor or acceptance laboratory has a dispute with the City of Fresno involving a
quality assurance item, a manager from the City shall be selected to review the dispute.
The IAC and the party in dispute will submit his/her substantiating paperwork to the
management person, within 10 days after requested to do so. In some cases, one or
more meetings may be needed to resolve disputes. Within a 30-day period, the City of
Fresno management person should try to resolve the dispute, based on the evidence
presented. Appeals by the contractor, acceptance tester or, the IAC person, may be
made after the final decision by the local agency management person. The person
making the appeal should be directed to contact the City Engineer no more than 14 days
after receiving written notice of the final decision by the management person.
The City Engineer will head up the appeal process. Again, evidence will be presented
and a final decision should be made within 30 days after receipt of the appeal. For
additional guidelines concerning the dispute resolution process, refer to Caltrans IA
Manual.
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 4 of 6
Exhibit A
Maintaining Accurate Records:
It is the responsibility of the IAC and the City of Fresno project team to create, and
maintain accurate records for all IA and acceptance materials testing performed on City
of Fresno projects. Per CFR Title 49, Section 18.42, a local agency using federal funds
for a transportation project must maintain pertinent construction records for three years
subsequent to final project voucher reimbursement or through the period of litigation,
whichever is later. A complete set of Records shall include the following:
• A log summary of the acceptance tests taken on the project
• Copies of all tester qualification and lab certifications
• All acceptance tests taken on the project
• Copies of all IA testing performed on the project
• Copies of Certificates of Compliance
• Records of pre -manufactured materials (collection of release tags)
• Materials certificate (signed by the Resident Engineer at the completion of the
project)
• A copy of the approved QAP with the date of approval
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 5 of 6
Exhibit A
SCHEDULE OF FEES
See below.
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 6 of 6
Exhibit A
EXHIBIT 10-H2 COST PROPOSAL Page t of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant Moore Twinin Associates, Inc.
Project No. Contract No._
For Combined Rate
F,� Prime Consultant Q Subconsultant
Participation Amount $
Fringe Benefit % + General &Administrative
OR
For Home Office Rate
Fringe Benefit % + General &Administrative %
For Field Office Rate
Fringe Benefit % + General &Administrative %
Fee =
r.Al cl 11 ATION INFORMATION
NOTES:
Moore Twining Associates,
Inc. Prime Consultant Subconsultant
Contract No.
Dale
❑ 2nd Tier Subconsultant
Date 10/6/2022
171.00%
Combined ICR%
0.004 e
Home Office ICR%
0.00°In
Field Office ICR%
EXHIBIT10-H2 COST PROPOSAL Page2 ofs
SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BILLING INFORMATION CALCULATION INFORMATION
EXHIBIT 10-1-112 COST PROPOSAL Page 3 &3
SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Certifiration of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)
in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms
and the following requirements:
7. Generally Accepted Accounting Principles (GAAP)
8. Terms and conditions of the contract
9. Title 23 United States Code Section 112 - Letting of Contracts
10. 48 Code of Federal Reaulations Part 31 - Contract Cost Principles and Procedures
11. 23 Code of Federal Regulations Part 172- Procurement, Management, and Administration of
Engineering and Design Related Service
12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when
applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in
the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with
the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: Ha D- Moore Title*: President
Signature: Date of Certification (mm/dd/yyyy): 10/6/2022
halrvmCu?m rcni Phone Number: 9 70-721
Address: 2527 Fresno Street Fresno CA 93721
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower
than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial
information utilized to establish the cost proposal for the contract.
On -Call Independent Assurance Services including certifying/verifying certifications of materials testing laboratories and
field personnel in accordance with the City of Fresno's QAP.
2022 Prevailing Wage
Materials Testing Fee Schedule for
Northern California
Moore ''wining Associates, Incorporated
800-268-7021
www.mooretwining.com
Z� MOORE TWINING
� s
Page 1 of 4
Northern California Prevailing wage Fee Schedule
Sieve Analysis of Fine and Coarse Aggregates ASTM C136 $ 69.00 Each
Materials Finer than 75-um (No. 200) Sieve in Mineral ASTM C117 $ 69.00 Each
Aggregates by Washing
Relative Density (Specific Gravity) and Absorption of Coarse ASTM C127 $ 131.00 Each
Relative Density (Specific Gravity) and Absorption of Fine
Clay Lumps and Friable Particles in Aggregates
Evaluating Cleanness of Coarse Aggregate CTM 227
Determining the Percentage of Fractured Particles in Coarse
Durability Index
Resistance to Degradation of Large -Size Coarse Aggregates by
Abrasion and Impact in the Los Angeles Machine
Organic Impurities in Fine Aggregates for Concrete
Soundness of Aggregates by Use of Sodium Sulfate or
Magnesium Sulfate
Sand Equivalent of Soils and Fine Aggregate
Lightweight Particles in Aggregate
Bulk Density ("Unit Weight") and Voids in Aggregate
Flat Particles, or Flat and Elongated Particles in Coarse
ASTM
C128
$
131.00
Each
ASTM
C142
$
168.00
Each
CT 227
$
135.00
Each
ASTM
D5821
$
145.00
Each
CT 229
$
135.00
Each
ASTM
C535 /
$
200-00
Each
C131
ASTM
C40
$
90.00
Each
ASTM
C88
$
335.00
Each
ASTM
D2419
$
100.00
Each
ASTM
C123
$
251.00
Each
ASTM
C29
$
57.00
Each
ASTM
D4791
$
135.00
Each
Preparation of Asphalt Mixture Specimens Using Marshall
ASTM D6926
Apparatus
Asphalt Content of Asphalt Mixture by Ignition Method
ASTM C6307
Mechanical Size Analysis of Extracted Aggregate
ASTM D5444
Theoretical Maximum Specific Gravity and Density of
ASTM D2041
Bituminous Paving Mixtures
Resistance to Deformation and Cohesion of Asphalt Mixtures
ASTM D1560
by Means of Hveem Apparatus
Marshall Stability and Flow of Asphalt Mixtures
ASTM C6927
Bulk Specific Gravity and Density of Non -Absorptive Compacted
ASTM D2726
Asphalt Mixtures
Bulk Specific Gravity and Density of Compacted Bituminous
ASTM D1188
Mixtures Using Coated Samples
Swell of Bituminous Mixtures
CT 305
Moisture Vapor Susceptibility of Bituminous Mixtures
CT 307
Quantitative Extraction of Asphalt Binder from Asphalt
ASTM D2172
Mixtures
Thickness or Height of Compacted Asphalt Mixture Specimens
ASTM D3549
Concrete Mix Design Review ACI 214
$ 270.00
Each
$ 168.00
Each
$ 135.00
Each
$ 168.00
Each
$ 168.00
Each
$ 227.00
Each
$ 50.00
Each
$ 50.00
Each
$ 249.00
Each
$ 168.00
Each
$ 216.00
Each
$ 21.50
Each
$ 108.00 Each
2022-June 2024 Prevailing Wage Fee Schedule
Page 2 of 4
G ems.. SO
Compressive Strength of Cylindrical Concrete Specimens6"x12"
ASTM C39
$
92.00
Set of
(Set of 4)
4
Compressive Strength of Cylindrical Concrete Specimens6"x12"
ASTM C39
$
23.00
Each
(Single Specimen)
Compressive Strength of Cylindrical Concrete Specimens6"x12"
ASTM C39
$
11.50
Each
(Held but Not Tested)
Compressive Strength of Cylindrical Concrete Specimens 4"x8"
ASTM C39
$
97.50
Set of
(Set of 5)
5
Compressive Strength of Cylindrical Concrete Specimens 4"x8"
ASTM C39
$
19.50
Each
(Single Specimen)
Compressive Strength of Cylindrical Concrete Specimens 4"x8"
ASTM C39
$
11.50
Each
(Held but Not Tested)
Preparation of Cylindrical Concrete Specimens by Saw Cutting
ASTM C39
$
21.50
Each
Obtaining and Testing Drilled Cores and Sawed Beams of
ASTM C42
$
60.00
Each
Concrete
Charge for Diamond Core Barrels
ASTM C42
$
11.50
Inch
Flexural Strength of Concrete (Using Simple Beam with Third-
ASTM C78
$
76.25
Each
Point Loading)
Flexural Strength of Concrete (Using Simple Beam with Center-
ASTM C293
$
76.25
Each
Point Loading)
Splitting Tensile Strength of Cylindrical Concrete Specimens
ASTM C496
$
54.50
Each
Determining Density of Structural Lightweight Concrete
ASTM C567
$
27.80
Each
Compressive Strength of Lightweight Insulating Concrete
ASTM C495
$
244.00
Each
Length Change of Hardened Hydraulic -Cement and Concrete
ASTM C157
$
281.00
Each
Preparing and Testing Specimens from Shotcrete Test Panels
ASTM C1149
$
281.00
Each
Measuring Thickness of Concrete Elements Using Drilled
ASTM C174
$
65.00
Each
Concrete Cores
Measuring Moisture Vapor Emission Rate of Concrete Subfloor
ASTM F1869
$
65.00
Each
Using Anhydrous Calcium Chloride Test Kits
Determining Relative Humidity in Concrete Floor Slabs Using In
ASTM F2170
$
54.50
Each
Situ Probes -Test Probes
SOILS
Liquid Limit, Plastic Limit, and Plasticity Index of Soils
ASTM D4318
$
168.00
Each
Specific Gravity of Soil Solids by Water Pycnometer
ASTM D854
$
163.00
Each
Resistance R-Value and Expansion Pressure of Compacted Soils
ASTM D2844
$
227.50
Each
One -Dimensional Consolidation Properties of Soils Using
ASTM D2435
$
324.50
Each
Increment Loading
Unconfined Compressive Strength of Cohesive Soil
ASTM D2166
$
163.00
Each
Direct Shear Test of Soils Under Consolidated Drained
ASTM D3080
$
270.00
Each
Conditions
Expansion Index of Soils
ASTM D4829
$
185.00
Each
Laboratory Determination of Water (Moisture) Content of Soil
ASTM D2216
$
33.00
Each
and Rock by Mass
Hydraulic Conductivity of Saturated Porous Materials Using a
ASTM D5084
$
362.50
Each
Flexible Wall Permeameter
pH of Soil for Use in Corrosion Testing
ASTM G51
$
33.00
Each
Water -Soluble Sulfate in Soil
ASTM C1580
$
33.00
Each
Soils and Waters for Chloride Content
CT 422
$
35.00
Each
2022-June 2024 Prevailing Wage Fee Schedule
Page 3 of 4
Estimating the Service Life of Steel Culverts
CT 643
$
119.50 Each
California Bearing Ratio (CBR) of Laboratory- @ 100%
ASTM D1883
$
380.00 Each
California Bearing Ratio (CBR) of Laboratory -Compacted Soils at
ASTM D1883
$
757.00 Each
95% Relative Compaction, 3 Point Method
Correction of Unit Weight and Water Content for Soils
ASTM D4718
$
135.00 Each
Containing Oversize Particles
Determining Dispersive Characteristics of Clayey Soils by the
ASTM D6572
$
54.50 Each
Crumb Test
Laboratory Compaction Characteristics of Soil Using Standard
ASTM D698
$
151.50 Each
Effort (12,400 ft-Ibf/ft3)
Laboratory Compaction Characteristics of Soil Using Modified
ASTM D1557
$
190.00 Each
Effort (56,000 ft-Ibf3) 4 Inch Diameter Mold
Laboratory Compaction Characteristics of Soil Using Modified
ASTM D1557
$
206.00 Each
Effort (56,000 ft-Ibf3) 6 Inch Diameter Mold
Relative Compaction of Untreated and Treated Soils and
CT 216
$
173.00 Each
Aggregates
Unconfined Compressive Strength of Lime Treated Soils and
CT 373
$
163.00 Each
Aggregates
MASONRY
Preconstruction and Construction Evaluation of Mortars for
Plain and Reinforced Unit Masonry (Compressive Strength of
ASTM C780
$
21.50 Each
Cylindrical 2" x 4" Specimens
Sampling and Testing Grout
ASTM C1019
$
33.00 Each
Compressive Strength of Masonry Prisms
ASTM C1314
$
81.50 Each
Diagonal Tension (Shear) in Masonry Assemblages
ASTM E519
$
54.50 Each
Sampling and Testing Concrete Masonry Units and Related
ASTM C140
$
81.50 Each
Units (Compressive Strength)
Sampling and Testing Concrete Masonry Units and Related
ASTM C140
$
81.50 Each
Units (Absorption, Unit Weight and Moisture Content)
Linear Drying Shrinkage of Concrete Masonry Units
ASTM C426
$
81.50 Each
Relative Mortar Strength of Portland Cement Concrete Sand
CT 515
$
270.00 Each
Compressive Strength of Hydraulic Cement Mortars (Using 2-in.
ASTM C109
$
19.50 Each
Cube Specimens)
STEEL
Tensile Strength / Yield Testing of Reinforcing Steel Products
ASTM A370
$
65.00 Each
(Rebar) up to #6 Rebar
Tensile Strength / Yield Testing of Reinforcing Steel Products
ASTM A370
$
86.50 Each
(Rebar) #7 — #11 Rebars
Bend Testing of Material for Ductility (Rebar Bend Test)
ASTM E290
$
54.50 Each
Testing Multi -Wire Steel Prestressing Strand
ASTM A1061
$
By quote Each
_Y 0 FIi tG
Thickness and Density of Sprayed Fire -Resistive Material
ASTM E605
$
54.50 Each
(SFRM) Applied to Structural Members (Density)
* ASTM = American Society for Testing and Materials*CT = California Test
2022-June 2024 Prevailing Wage Fee Schedule
Page 4 of 4
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and MOORE TWINING ASSOCIATES, INC. (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.
HER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability -insurance policies are to contain, or be
endorsed to contain, the following provisions.-
1 . 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' Com ensafion 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 polic 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 praviding 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
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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
I']. .4.1;.. 1A1.,.-1 f- ;+mil Imnrn%mmont Prn(imm (Prnnram)
YES*
NO
1 Are you currently in litigation with the City of Fresno or any of its
❑
agents?
2
Do you represent any firm, organization, or person who is in litigation
❑
with the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
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.
Explanation:
❑ Additional page(s) attached.
Signature
Z4
11 /8/2022
Date
Harry D. Moore, RGE, RCE
(Name)
Moore Twining Associates, Inc.
(Company)
2527 Fresno Street
(Address)
Fresno, California 93721
(City State Zip)
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Exhibit C
Page 1 of 1
EXHIBIT D
FEDERAL AND STATE ASSURANCES
Consultant Service Agreement between City of Fresno (City)
and MOORE TWINING ASSOCIATES, INC. (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.
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Page 3 of 3
Exhibit D
APPENDIX A TO EXHIBIT D
Consultant Service Agreement between City of Fresno (City)
and MOORE TWINING ASSOCIATES, INC. (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
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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 Harry D. Moore, RGE, RCE and duly
authorized representative of the firm of Moore Twining Associates, Inc. —whose
address is 2527 Fresno Street. Fresno California 93721 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.
11 /8/2022
(Date)
(Signature)
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 2 of 2
Appendix A to Exhibit D
EXHIBIT E
TASK ORDER FORM
Consultant Service Agreement between City of Fresno (City)
and MOORE TWINING ASSOCIATES, INC. (Consultant)
Public Works Capital Improvement Program (Program)
TASK ORDER:
Title/Project:
Consultant:
City Project ID:
Task Order Description [Attach Scope of Work
Task Order Work Plan:
Task Order Deliverable:
Task Order Staffin
Task Order Cost:
Task Order Period of Performance:
Task Order DBE Commitment:
Consultant Project Manager:
City Project Manager:
Consultant's Authorized Re
Signature
Name:
Title:
Date:
Attachments:
1. Scope of Work
2. Cost Proposal
Authorized Signatures
resentative I City's Authorized
Name:
Title:
Date:
Signature
ntative
DPW-S FHWA Eng. On -Call T&M - Multiple (04-2022) Page 1 of 1
Exhibit E