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1744 RFQ Consulting Services Agreement- Far Western.Pdf Tuolumne County Department of Public Works Engineering Division STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This Agreement (“Agreement”) is made and entered into this ____ day of __________, 2020 by and between the County of Tuolumne (“County”) and Far Western Anthropological Research Group, Inc., a California Corporation(“Consultant”) pursuant to the following terms and conditions. ARTICLE I STATEMENT OF WORK A. The work to be performed under this Agreement is described in this Article and the Consultant’s approved Category 5, Cultural Resources Scope of Work and Cost Proposal dated May 29, 2020 (“Project”). The Consultant’s approved Scope of Work is attached hereto as Attachment A and incorporated herein by reference. The Consultant’s approved Cost Proposal is attached hereto as Attachment B and incorporated herein by reference. If there is any conflict between the approved Scope of Work and Cost Proposal and this Agreement, the provisions of this Agreement shall control. B. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for County’s Project Manager to determine if Consultant is performing to expectations, or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. C. Subsurface Investigations County recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys or explorations are made by Consultant and that the data, interpretations and recommendations by Consultant are based solely on the information available to Consultant. Consultant will be responsible for the data, interpretations and recommendations, but will not be responsible for the interpretation by others of the information developed. D. Surveys Prior to start of work within the Caltrans’s right-of-way, the Consultant shall be required to obtain and secure all permits for survey work as required within the Caltrans’s Encroachment Permitting. E. Conferences, Visits to Site, Inspection of Work This Agreement provides for conferences as needed, visits to the site, and inspection of the work by representatives of the state, or FHWA. Costs incurred by Consultant for meetings, subsequent to the initial meeting shall be included in the Agreement fee. F. Documentation Agreements where appropriate, shall provide that Consultant document the results of the work to the satisfaction of County, and if applicable, the state and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the Agreement objectives. G. Number of Copies The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies. H. Consultant Audit. Consultant’s Cost Proposal is subject to an audit or Certified Public Accountant (CPA) Indirect Cost (Overhead) Audit Workpaper Review. The Cost Proposal shall be adjusted by Consultant and approved by County’s Project Manager to conform to the Workpaper Review recommendations or audit P:\Projects\1744-RFQ for Consulting Services\D Consultants\Cultural\1744 RFQ Consulting Services Agreement- Far Western.docx June 2019 recommendations. Consultant agrees that individual terms of cost identified in the audit report shall be incorporated into the Agreement by this reference if directed by the County at its sole discretion. Refusal by Consultant to incorporate the Workpaper Review recommendations or audit recommendations will be considered a breach of this Agreement and cause for termination of this Agreement. Consultant’s executed Certification of Contract Costs and Financial Management System is attached hereto as Attachment I and incorporated herein by reference. I. County Obligations All data applicable to the Project and in possession of County or another agency, or government that are to be made available to Consultant are referred to in the Agreement. Any other assistance or services to be furnished to Consultant are to be stated clearly. ARTICLE II DESIGN STANDARDS All PA&ED and PS&E tasks will be performed in accordance with: ◙ Caltrans Project Development Procedures Manual ◙ Caltrans Highway Design Manual, Sixth Edition ◙ Caltrans Policy on High and Low Risk Underground Facilities Within the Highway Rights-of-Way ◙ Highway Capacity Manual ◙ Caltrans Local Assistance Procedures Manual ◙ Caltrans Standard Plans, 2010 ◙ Caltrans Standard Specifications, 2010 ◙ California MUTCD ◙ Caltrans Traffic Manual ◙ Caltrans Plans, Specifications, and Estimates Guide ◙ Caltrans Standard Special Provisions ◙ Caltrans Bridge Design Specifications (Modified AASHTO Bridge Design Specifications) ◙ Caltrans Bridge Design Details ◙ Caltrans Bridge Design Aids ◙ Caltrans Drafting and Plans Manual ◙ Caltrans Bridge Memos to Designers ◙ Caltrans Bridge Standard Details Sheets ◙ Caltrans Surveys Manual ◙ Caltrans Right-of-Way Manuals ◙ Tuolumne County Construction Standards. ◙ AASHTO Policy on Geometric Design of Streets and Highways for local roads ◙ Environmental Document preparation shall comply with current practices as identified on the California Department of Transportation’s Standard Environmental Reference (SER) website ARTICLE III PROJECT MANAGERS A. Consultant shall designate a Project manager who at all times shall represent Consultant in its relationship with County on matters related to this Agreement. The designated Project manager shall continue in this capacity unless and until the manager is removed at the request of County, is no longer employed by Consultant, or is replaced with the written approval of County, which approval shall not be unreasonably withheld. There shall be no change in the members of Consultant’s Project team as listed in the approved Scope of Work and Cost Proposal without prior written approval by County’s Project Manager. 1. Consultant’s Project Manager is Barb Siskin. 2. County’s Project Manager is Blossom Scott-Heim, P.E.. 2 B. Consultant’s Project Manager shall meet with County’s Project Manager, as needed, to discuss progress on this Agreement. ARTICLE IV PERFORMANCE PERIOD A. This Agreement shall go into effect as of the date first written above, and Consultant shall commence work after notification to proceed by the County. The Agreement shall end three (3) years from the date of execution, unless extended by a written amendment. This Agreement may be extended for two (2) one-year extensions by written amendment signed by both parties. B. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by Agreement amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years. ARTICLE V ALLOWABLE COSTS AND PAYMENTS A. Consultant will be reimbursed for hours worked at the hourly rates specified in the Consultant’s approved Cost Proposal. 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. Consultant will be reimbursed within thirty (30) days upon receipt by County’s Project Manager of itemized invoices in duplicate. B. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. D. After a project to be performed under this Agreement is identified by County, County will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a County Project Manager. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both County and Consultant. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which shall be based on the labor and other rates set forth in Consultant’s approved Cost Proposal. F Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. G. (a) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. Consultant will be responsible for transportation and subsistence costs in excess of State rates. H. When milestone cost estimates are included in the approved
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