Bid Notice-On-Call Materials Testing.pdf

DEPARTMENT OF PUBLIC WORKS

David A. Leamon, PE, MPA

PUBLIC WORKS DIRECTOR/ROAD COMMISSIONER

Andrew Malizia, PE

DEPUTY DIRECTOR - ENGINEERING

Chad Johnson, LS

COUNTY SURVEYOR

Tracie Madison

ASSISTANT DIRECTOR – OPERATIONS

Janelle Kostlivy

SENIOR BUSINESS MANAGER

STANISLAUS COUNTY

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR QUALIFICATIONS (RFQ)

FOR

ON-CALL MATERIALS TESTING

Invitation Date: August 18, 2026

Question Deadline: September 9, 2026

Proposals Due By: September 15, 2026

Submit Proposals To:

Stanislaus County Public Works

Attention: Joe Giulian

1716 Morgan Road

Modesto, CA 95358

Table of Contents

1.0 INTRODUCTION AND BACKGROUND

2.0 TENTATIVE SCHEDULE

2.1 SCOPE OF SERVICES

2.2 PROJECT MANAGEMENT

2.3 ENCROACHMENT PERMITS

2.4 GENERAL REQUIREMENTS

3.0 SUBMITTAL REQUIREMENTS

Page Limit Table:

3.1 COVER LETTER

3.2 FIRM’S QUALIFICATIONS

3.3 RELEVANT EXPERIENCE

3.4 QUALIFICATIONS OF KEY PERSONNEL

3.5 ORGANIZATION CHART

3.6 STAFF RESUMES

3.7 SCOPE OF SERVICES

3.8 FEE SCHEDULE

3.9 COMPENSATION, BILLING, RATE ESCALATION

3.10 SUBSTITUTION OF CONSULTANT PERSONNEL OR

SUBCONSULTANTS

3.11 FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEM

REQUIREMENTS

3.12 ADDITIONAL FEDERAL REQUIREMENTS

4.0 SELECTION PROCEDURE

5.0 PROPOSAL SUBMITTAL INSTRUCTIONS

5.1 PROTEST PROCEDURE

5.2 DISPUTE RESOLUTION PLAN

6.0 ASSIGNMENT OF WORK

7.0 LIST OF ATTACHMENTS

1.0 INTRODUCTION AND BACKGROUND

The Stanislaus County Public Works Department (County) is soliciting Statement of Qualifications (SOQ’s) from contractors to provide on-call materials testing services for various federal and non-federal funded projects. The first step of the RFQ process will establish from this solicitation an approved on-call list of at least three contractors. The successful contractors will be awarded projects based on the second step RFP (Request for Proposal) process. Selected contractors will be sent a project specific RFP solicitation.

Project specific proposals submitted by the contractors shall be evaluated and selected per the requirements provided within the RFP. Through this first step of the solicitation, the three most qualified firms will enter into an on-call master agreement not to exceed the sum of $600,000.00, and the agreement will terminate when the “not to exceed sum” is expended or the agreement expiration date is reached, whichever occurs first. The initial contract amount with each selected contractor shall be limited to a maximum of $199,000.00. The terms of the agreement will be for three years with two possible one-year extensions at the discretion of the County, not to exceed a total of five years.

Material testing on roadwork construction is an integral portion of County Projects. It ensures the contractor is providing quality materials and is meeting the minimum requirements in the project plans and specifications. During the course of constructing Public Works improvement projects, it is necessary for the County’s Construction Administration Division to utilize the services of a materials testing laboratory to achieve or monitor compliance with the specification requirements of the project’s contract.

Additionally, the County’s Design Division may require analysis of existing pavement to aid in the design of future improvement projects and would utilize a materials testing consultant to support County Staff. Work may include, but is not limited to, coring existing pavement sections, R-value testing, and pavement section design recommendations.

If you wish to be considered for this solicitation, submit three (3) sealed hard copies by mail or hand delivered and one (1) electronic copy in PDF format with all required information to:

Stanislaus County

Department of Public Works

Attention: Joe Giulian

The SOQs do not commit the County to award a contract, or to pay for any costs incurred in the preparation or presentation of proposals, or to procure an agreement for services.

Submittals received after the time and date specified will be considered nonresponsive and will be returned to consultant.

Any proposals received prior to the time and date specified may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to the due date.

Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. The County does not guarantee a specific number.

The SOQ shall include, at a minimum: billing rates (in a separate, sealed envelope), and a summary of experience and qualification of consultant and supporting staff members.

The Consultant should indicate his/her acceptability of the terms and conditions of the Sample Professional Design Services Master Agreement (Attachment A-1). No changes to the Master Agreement will be considered.

The County reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the County to do so.

The prospective consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the Stanislaus County Board of Supervisors.

All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.

The costs will be based on the specified rates of compensation. The County shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and to establish the completion date.

For future RFPs, selected Consultants will be asked to submit with their proposal a cost proposal for the specific project or tasks listed in the RFP. Consultants shall follow the procedure and requirements listed in the RFP to submit the cost proposal. Consultant will be required to submit certified payroll records, as required, and pay prevailing wages if required.

Selected Consultants, if required, shall comply with chapter 10.2.3 of the Local Assistance Procedures Manual regarding the A&E Consultant Contract Audit and Review process.

The Consultant shall submit detailed invoices to the County Project Manager on a monthly basis. Billings shall include a spreadsheet style list showing project name, personnel, County Project Manager, mileage reimbursement, work performed, and date performed.

The County shall not reimburse the Consultant for per diem costs, unless approved by the Project Manager. The County shall not reimburse the Consultant for out-of-state travel without prior written approval from the Project Manager.

The County shall not incur costs beyond the funding commitments in the Contract. If the Consultant anticipates that funding for work will be insufficient to complete work, the Consultant shall promptly notify the Project Manager.

2.0 TENTATIVE SCHEDULE

The following represents the tentative schedule for this RFQ. Any change in the scheduled dates for the Questions Deadline, or Submission Due Date will be advertised in the form of an addendum to this RFQ. The schedule for the evaluation process and other future dates may be adjusted without notice.

Questions Deadline: September 9, 2026

Last Addendum: September 11, 2026

Submission Due Date: September 15, 2026

Evaluation of Reponses: September 22, 2026*

Notify Consultants of Results: September 25, 2026*

Contract Negotiations: TBD

Board Approval of Contract: TBD

*Dates are subject to change at the County’s discretion.

All questions regarding the RFQ must be submitted in writing. Questions must be submitted to Joe Giulian at giulianj@stancounty.com and PWbids@stancounty.com. Addendums, if necessary, will be posted on the PlanetBids website.

2.1 SCOPE OF SERVICES

Stanislaus County is interested in soliciting on-call services from consultants that are able to perform on-site material testing and quality control inspection, laboratory testing, and existing pavement analysis for various construction and design projects around the County.

Prospective consultants should have a depth of staff with the experience and capability to perform a variety of testing and analysis services. Consultant’s staff should be capable of guiding County staff and providing recommendations on the most appropriate, cost-effective types of testing and analysis for specific projects.

Consultant shall be capable of performing all testing and inspection tasks noted in the County’s QAP (Attachment A-9). In addition to the QAP, Consultant shall be capable of performing the following tests:

• Striping retro-reflectivity:

o Enhanced Wet-night Thermoplastic: Wetted testing: ASTM E2177/E2832 (for wet-night striping) o Thermoplastic: Dry testing: ASTM E1710 (all striping) o All striping and markings: M247 bead sampling: ASTM D7585

• Deflectometer testing: ASTM D4694-09

Additional testing and inspection services may include, but not be limited to, the following items:

2.2 PROJECT MANAGEMENT

The scope of services for project management includes, but is not limited to, conducting project kickoff meetings or conference calls with County staff, developing and maintaining project schedules, quality control and assurance, effective management of staff and sub-consultants.

2.3 ENCROACHMENT PERMITS

When applicable, Consultant shall procure encroachment permits. This includes any testing for Design Division support. Prior to starting materials testing operations, the contractor shall apply for, and secure, no-fee encroachment permits from Stanislaus County and, if necessary, encroachment permits from cities within Stanislaus County. In general, material testing associated with County construction projects will not require encroachment permits.

2.4 GENERAL REQUIREMENTS

All work shall be performed under the responsible charge of a qualified licensed Civil or Geotechnical Engineer in the State of California who is employed by the material-testing agency.

Soils and materials testing agency/consultant shall submit to the County all applicable certifications for the laboratory and testing personnel that will be working on a project. All certifications must be kept current throughout a project duration. If certifications are updated while a project is underway, the updated certificate shall be submitted to the County immediately.

The Consultant, including any third party testing laboratories, shall have a quality assurance program to verify that acceptance testing is being performed correctly with properly calibrated equipment in good working order. The Consultant shall follow the County’s Quality Assurance Program whenever applicable. A copy of the County’s Quality Assurance Program is attached for your reference (see Exhibit 1).

County may schedule interviews with top ranking Consultants if necessary.

At it’s own expense, Consultant shall provide all required licenses and permits and abide by and all Federal, State, and applicable local laws or rules affecting the work and shall maintain all required protection of property, employees, and the public.

All prices shall include travel to and from the test site. Also, include test prices without travel time.

Unless otherwise agreed to by the Consultant and the County Project Manager, the Consultant will receive Twenty Four (24) hours notice for onsite visits and testing scheduling.

The Consultant guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the County.

In the fields other than those covered by the ASTM and/or Caltrans standards, the Consultant’s laboratory shall accept only those assignments from the County, which it is able to perform competently.

Upon completion of a project, a California licensed Civil or Geotechnical Engineer who is employed by the Consultant shall submit a written certification that all testing procedures were performed in conformance with the applicable standards and/or methods for that test.

And that the results of the tests on acceptance samples indicate that the materials incorporated in the construction work were in conformity with the approved plans and specifications.

If any laboratory work is to be subcontracted, the Consultant shall notify the County. In addition, subcontractor’s laboratory shall meet the same requirements as the Consultant’s laboratory.

3.0 SUBMITTAL REQUIREMENTS

These guidelines are provided for standardizing the preparation and submission of qualifications by all Consultants. The intent of these guidelines is to assist Consultants in preparation of their qualifications, to simplify the review process, and to help assure consistency in format and content.

The proposal must not exceed 20 pages single-sided, including the cover letter (or 10 pages double-sided). 11” x 17” sheets are acceptable and will be counted as 1 page, but must contain appropriate content such as exhibits, maps, drawings, etc. The font size for all text must be at least 11pt. Any attachments/appendices (such as Detailed Scope of Services, Project Schedule, Risk Matrix, Resumes) will not be counted as part of the 20 page response limit.

Page Limit Table:

Page Type: Included in Page Limit:

Cover Sheet Yes

Drawings Yes

Exhibits Yes

Maps Yes

Organizational Chart Yes

Project Understanding Yes Qualifications of Firm and Key Personnel Yes

Relevant Experience Yes

Project Schedules No

Resumes No

Risk Matrix No

Scope of Services No

Tabs No

The County will consider submittals via electronic upload, however, hard copies must also be submitted. It is the responsibility of the Consultant to follow all the guidance from the latest edition of the LAPM regarding cost proposals in electronic form. If the file is uploaded unprotected and seen with the proposal documents, then the Consultant will be disqualified.

Any documents containing fee amounts shall be date stamped as stated in the Fee Schedule Section of this RFQ.

Consultant must follow Caltrans Local Assistance Procedure Manual (LAPM) for Federal Aid projects. The submitted material should focus on technical content that demonstrates experience and understanding in bridge, roadway, and intersection design and testing requirements, and the availability and commitment of the firm and its team.

Consultant shall provide the name of the project manager and the individual authorized to negotiate the contract on behalf of consulting firm.

Each submittal of qualifications must include the information described in this section.

Failure to include all the elements specified may be cause for rejection. Additional information may be provided but should be succinct and relevant to the goals of this RFQ.

Elaborate or glossy proposals are neither expected nor desired. Excessive information will not be considered favorable.

3.1 COVER LETTER

A one-page cover letter must be provided with the following information:

• Title of Project

• Name and mailing address of firm

• Contact person, telephone number, fax number, and email address. The County will use email to notify your firm of critical development such as notification of selection/non- selection, etc.

3.2 FIRM’S QUALIFICATIONS

Describe the firm and provide a statement of the firm's qualifications for performing the requested consulting services. Indicate any specialized expertise relevant to public works design. Identify the services to be completed by your firm's staff and those services provided by subconsultants. Identify subconsultants proposed to supplement your firm’s staff.

3.3 RELEVANT EXPERIENCE

Provide a summary of the firm's experience with similar projects. The summary should include examples of related projects (maximum of three projects), including dates and brief descriptions of the projects. Include references for the projects stated in your summary, including contact person and phone number and a brief description of the project that clearly demonstrates your firm’s abilities.

Describe your firm's past record on controlling costs, quality of work and established schedules by citing at least three examples of comparable projects. Identify client and project name, estimate, actual project cost, original project schedule and completion time of project.

Consultant may choose whether to include two sets of projects for the listed criteria or three projects that fulfill all requirements.

In addition to highlighting relevant experience, describe how your firm’s approach aligns with the following County project requirements:

• Knowledge of Caltrans procedures (Local Assistance Procedure Manual (LAPM) / Local Assistance Procedure Guidelines (LAPG) / Head Quarters (HQ) / American Association of State Highway and Transportation Officials (AASHTO)

• Working relationship with Caltrans District 10

• Effective communication with Stanislaus County and other stakeholders

• Anticipate and respond to issues before they become problems

3.4 QUALIFICATIONS OF KEY PERSONNEL

Provide a brief summary of the qualifications/experience of each team member, including length of service with the firm and the qualifications/experience of sub consultant staff on your project team.

3.5 ORGANIZATION CHART

Provide an organization chart showing the structure of the project team and the relationships and relative ranks of the team members.

3.6 STAFF RESUMES

As an appendix to the proposal, provide resumes for each team member. No more than one sheet per resume, except for the principals, which may not exceed 2 pages each and no more than 3 principals may be listed (i.e. Project engineer, principal in charge, etc.). Staff resumes will not count towards the 20 page limit.

3.7 SCOPE OF SERVICES

The proposal should contain a scope of services that demonstrates the requisite knowledge and experience and addresses anticipated requirements. It should include all potential tasks, as either proposed or optional services, as well as describe the methodology to be used, specific work to be performed, outcomes, and work products. At a minimum, it should cover all possible tasks required by the County QAP along with the additional tests in Section

2.1 of the RFQ. The scope of services will not count towards the 20-page proposal page limit and must not show any fees.

3.8 FEE SCHEDULE

Include your fee schedule with the response. The fee schedule should be in a separate, sealed envelope from the rest of the SOQ. The fee schedule shall include billing rates for staff at the various levels which may perform work on the County projects as well as an estimate of direct and indirect costs. At a minimum, the fee schedule should list proposed fees for all tasks listed in the Consultant’s scope of services, covering everything required in the County QAP along with the additional tests in Section 2.1 of the RFQ. If at any point during the three-year term of the Professional Design Master Service Agreement, your firm’s billing rates will be increasing, those increases shall be clearly outlined in the fee schedule.

If no increases are shown, there will be no increases allowed on the billing rates at any classification. Invoices submitted throughout the term of the Professional Design Master Services Agreement will be paid at the proposed billing rates provided in the response.

The County will require a cost proposal to be submitted by the awarded Consultant for every project. Once the cost proposal is reviewed and accepted by the County, a purchase order will be created for each project requiring services.

3.9 COMPENSATION, BILLING, RATE ESCALATION

The Consultant shall be paid in accordance with the proposed fee schedule. The Consultant will be compensated on a time and materials basis, based on the hours worked by the Consultant’s employees or subconsultants at the hourly rates specified in the Fee Schedule except for escalation allowed by the LAPM. The rates stated in the Fee Schedule are not adjustable during the term of this Agreement without prior review and approval by the County. The original Fee Schedule shall apply to the extension of the term of the agreement (if any) unless renegotiated and approved by both the Consultant and County Project Manager in writing. Consultant shall submit Sample Cost Proposal 1 (Attachment A-6) and “Certification of Indirect Costs and Financial Management System” (Attachment A-3) with the Fee Proposal. Consultant should be prepared to go through the pre-award process. All necessary costs associated with the pre-award process shall be included in the Fee Proposal.

3.10 SUBSTITUTION OF CONSULTANT PERSONNEL OR SUBCONSULTANTS

After contract execution the Consultant may not substitute key personnel (project manager and others listed by name in the cost proposal) or subconsultants without prior written approval from the County.

3.11 FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEM REQUIREMENTS

The consultant shall have an adequate financial management and accounting system as required by the Caltrans LAPM guidelines. The County will not award a contract to a consultant that does not have an adequate financial management and accounting system.

Parties subcontracted by the Consultant to perform services described in RFQ, hereinafter referred to as “Subconsultants,” will be responsible for complying with all state, federal and specific contract requirements. The Consultant and subconsultants must certify their contract costs and financial management system by submitting the document: "Certification of Indirect Costs and Financial Management System,” (refer to attachment A-3).

3.12 ADDITIONAL FEDERAL REQUIREMENTS

The following items are not required for this step 1 RFQ solicitation. However, the Consultant shall be required to comply with all Federal requirements within the second step RFP specific project solicitation process, when required per project.

When required for specific second step RFP projects, the proposing Consultant shall complete and submit the following forms to be considered responsive. These forms can be found on the Caltrans website.

• Sample Cost Proposal 1 – For Contracts with Cost-Plus-Fixed Fee or Lump Sum

• Sample Cost Proposal 2 – For Contracts with Specific Rates of Compensation

• Sample Cost Proposal 3 – For Contracts with Cost Per Unit of Work

• Sample Cost Proposal 4 – For Contracts with Prevailing Wages

RUNNING TALLY OF PAYMENTS

The Consultant shall meet the requirements of Title 49 of the Code of Federal Regulations (CFR), Part 26.37(c). This code requires recipients of federal-aid funding to provide a running tally of actual attainments (e.g., payments made to DBE firms), including a means of comparing these attainments to commitments.

The Consultant shall review DLA OB #23-02R and the latest edition of the LAPM for submittal of Exhibit 9-P (Attachment A-4).

4.0 SELECTION PROCEDURE

The selection process will follow Public Works’ procedure for consultant selection, which generally follows Caltrans procedures. Consultants will be scored and ranked based on the qualifications and the quality of the proposal as shown in Attachment A-2 – Exhibit 10-B “Suggested Consultant Evaluation Sheet.” The rankings from each reviewer will be added together to determine the top ranked Consultant.

The County will select the Consultant based on the following procedure:

• Receive and evaluate proposals

• Develop final ranking of consultants

• Notify consultants of the results and begin protest period

• Receive and open Fee Schedule from the top ranked consultants

• Negotiate contracts with top ranked consultants. If an agreement on the scope of services and compensation cannot be reached, negotiations with that particular consultant will be closed, and negotiations with the next-highest ranked consultant not already selected will be opened. The process is repeated at the County’s discretion until the desired number of contracts are successfully negotiated.

The County may choose to negotiate with as many consultants as needed to procure a desired number of on-call consultant contracts. The number of on-call consultant contracts to be awarded is entirely at the discretion of the County and does not guarantee the award of any number of contracts.

Review of the proposals and contract negotiations with the top ranked consultants will be conducted in compliance with the Two-Step (RFQ Followed by RFP) outlined in Chapter 10 of the Caltrans Local Assistance Procedures Manual (LAPM). A formal notice to proceed to the selected consultants will occur immediately following the County Board of Supervisor’s award of the o n - c a l l contracts to the selected consultants.

5.0 PROPOSAL SUBMITTAL INSTRUCTIONS

Only that information specifically requested must be submitted. If a consultant recognizes a more efficient method of accomplishing specific tasks or items, the Consultant's fees must reflect the County's requested work, and the cost increase/savings for the more efficient method must be noted separately.

Price is NOT an evaluation criterion.

The successful firms are required to enter into a Professional Design Services M a s t e r Agreement with Stanislaus County for the work to be performed. A sample Professional Design Services Master Agreement is included with this Request for Qualifications. The Consultant must state in the submitted proposal that the firm has reviewed Attachment A- 1 - “Sample Professional Design Services Master Agreement,” will meet all the terms and conditions if selected by the County for the requested services and be able to sign the agreement as-is with no changes.

If you wish to be considered for this solicitation, please submit all documents containing fees in a separate sealed envelope and three (3) hard copies of the proposal by 4:00 P.M., on the proposal due date as noted on the cover page to:

Joe Giulian Stanislaus County Public Works

In addition to hard copies, Consultant shall also provide an electronic copy of the response in PDF format on a USB flash drive. A copy of this Request for Qualifications is available for viewing on PlanetBids. All questions regarding this RFQ shall be submitted in writing.

Questions must be submitted to Joe Giulian at giulianj@stancounty.com_ and PWbids@stancounty.com. Addendums, if necessary, will be posted on the Planet Bids website.

5.1 PROTEST PROCEDURE

Any protest must be submitted in writing to the County Department of Public Works office (Attention Joe Giulian) before 5:00 p.m. of the tenth (10) day upon ranking of consultants and subsequent notification of said ranking. County will use reasonable efforts to notify all consultants who submitted proposals of their ranking.

The initial protest must contain a complete statement of the basis for the protest.

The protest must refer to the specific portion of the document that forms the basis for the protest.

The protest must include the name, address, and telephone number of the person representing the protesting party.

Only consultants who submitted a proposal will be eligible to protest. Protests from any other consultant will not be considered.

The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other consultants who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

The procedure and time limits set forth in this paragraph are mandatory and are the Consultant’s sole and exclusive remedy in the event of a protest. Consultant’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code Claim or legal proceedings. A consultant may not rely on a protest submitted by another consultant but must timely pursue its own protest.

5.2 DISPUTE RESOLUTION PLAN

If an impasse is reached between Stanislaus County and the Consultant, and the Consultant desires to appeal the County’s decision, the following procedure is to be used:

1. The Consultant submits a written request for appeal to Stanislaus County. The request must fully describe the issue and explain where there is agreement and disagreement between the County and Consultant. The request should include:

a. A detailed statement of the Consultant’s position on the issue.

b. A detailed statement of what the Consultant believes the County’s position to be.

c. Support material for the Consultant’s position statement including maps, plans, receipts, invoices, draft or executed agreements, picture logs, and other material needed to fully explain the Consultant’s position regarding the disputed issue.

d. Stanislaus County may request additional information to be provided by the Consultant.

2. Within two weeks of receiving the Consultant’s request for appeal, County staff will forward the Consultant’s request package to the Stanislaus County Director of Public Works. The request package is to be accompanied by a memorandum and enclosures which should include:

a. A description of the steps taken or could be taken to resolve the issue.

b. A detailed discussion of the items that are in dispute with references to sections in the manuals and policy memos that support the County’s position.

c. The County’s recommendation on the disputed items.

d. All material provided in the Consultant appeal request package. Other information that supports the County’s position such as an overview of the issue, any additional maps, plans, invoices, receipts, draft or executed agreements, pictures, logs, and other material needed to give a full explanation of the disputed issue that was not included in the Consultant’s appeal request package.

3. The Director of Public Works will review the appeal request and within two weeks, will issue one of the three following written responses:

a. If the Director does not find sufficient grounds or merit for the appeal, a decision letter stating the reasons for denying the appeal will be sent to the Consultant.

b. If the Director finds there are sufficient grounds or merit for the appeal and a clear solution is apparent, a decision letter will be sent to the Consultant, describing the reasons for the decision and the resolution details.

c. If the Director finds that sufficient grounds or merit for an appeal are evident but no clear solution is apparent, a decision letter will be sent to the Consultant.

The Director will then hold a meeting with appropriate stakeholders (Consultant and the County representatives). At the meeting, the Consultant and the County representative(s) may be asked to give a brief overview of the appeal and a discussion of the items in dispute. After evaluating all the information provided and after consultation with the necessary and appropriate parties and/or agencies; a final decision will be issued in writing notifying the Consultant of the resolution details.

Implementing the Director’s Decision If the Consultant is agreeable to the decision and solution, the County will work with the Consultant to implement the solution.

If the Consultant is not agreeable to the determination and solution, there is no further appeal with Stanislaus County.

Dispute Resolution Ladder Level Name Stanislaus County Personnel Telephone/Email

1 Joe Giulian County Staff Managing RFQ giulianj@stancounty.com

2 David Leamon Director of Public Works leamond@stancounty.com

6.0 ASSIGNMENT OF WORK

The County intends to use this selection process as the basis for obtaining on-call material testing services for a period of three (3) years. The County reserves the right to extend this contract; however, in no case shall the renewal extend beyond 2 years from the original contract expiration. Individual assignment will be awarded on an as-needed basis. The County may assign work by soliciting proposals from one or more of the selected Consultants depending on the type of work required, estimated dollar value of the contract, experience and expertise required for the work, consultant’s current workload, ability to respond, or other criteria. The County reserves the right to unilaterally assign work to any of the awarded firms, as it deems prudent.

The County reserves the right to contract with additional consultants.

Consultant(s) will typically be required to provide, at minimum: a proposed scope of work, detailed fee proposal (see Attachment A-5 – Sample Fee Proposal), time schedule, and designated staff to be used. The fee schedule submitted in the proposal or task sheet shall be the same as the fees included in the Consultant’s original response submittal.

The County may opt to assign specific projects to a firm based on the informal proposal process described above. Upon selection of the awarded firm, Consultant shall sign the County’s Standard Professional Design Master Services Agreement (see Attachment A-1 – Sample Professional Design Services Master Services Agreement). Agreement to include mandatory federal A&E agreement language and will be required to provide evidence of insurance for the coverage specified in the agreement. The actual scope of work and fee schedule for the specific project will be negotiated and included in the agreement, in accordance with the fee schedule provided by consultant in response to this RFQ

The County makes no specific guarantee of a minimum or maximum number of hours or amount of services, which shall be required of any single Consultant. In addition, the selection of any Consultant to provide these services shall in no way be considered an exclusive agreement to provide service for the County.

7.0 LIST OF ATTACHMENTS

(Refer to Caltrans LAPM for latest Exhibit versions.)

Sample Professional Design Services Master Agreement .......................................... A-1

Exhibit 10-B – Suggested Consultant Evaluation Sheet ................................................ A-2

Certification of Indirect Costs and Financial Management System ............................. A-3

Exhibit 9-P – Prompt Payment Certification ................................................................ A-4

Sample Fee Proposal .................................................................................................. A-5

Sample Cost Proposal 1 .............................................................................................. A-6

Exhibit 10-Q – Disclosure of Lobbying Activities .......................................................... A-7

California Safe Harbor Indirect Cost Rate Program Form ........................................... A-8

Stanislaus County Public Works Quality Assurance Program...................................... A-9

California Levine Act Disclosure Statement.................................................................. A-10

Exhibit B Insurance Requirements................................................................................ A-11

ATTACHMENT A-1

SAMPLE PROFESSIONAL DESIGN

SERVICES MASTER AGREEMENT

Professional Services Agreement (Rev. 4.7.2026)

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“Agreement”) is made and entered into by and between the County of Stanislaus ("County") and _________________, a _______________ [DESCRIBE ENTITY] ("Consultant") on _____________________ .

Recitals

WHEREAS, the County has a need for professional services involving _____________________; and

WHEREAS, Consultant is specially licensed, trained, experienced, and competent to perform and has agreed to provide such services;

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

Terms and Conditions

1. Scope of Work

1.1 Consultant shall furnish to the County upon execution of this Agreement or receipt of the County's written authorization to proceed, those services and work set forth in Exhibit A (“Services”) which is attached hereto and, by this reference, made a part hereof.

1.2 Any interest, including copyright interests, of Consultant or its subcontractors in studies, reports, memoranda, computational sheets, drawings, plans or any other documents, including electronic data, prepared in connection with the Services, shall be the property of County.

To the extent permitted by law, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of the County. In the event that it is ever determined that any works created by Consultant or its subcontractors under this Agreement are not works for hire, Consultant hereby assigns to County all copyrights to such works. With the County's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of experience and capabilities.

1.3 Services and work provided by Consultant at the County's request under this Agreement will be performed in a timely manner in accordance with a schedule of work set forth in Exhibit A. If there is no schedule, the hours and times for completion of said services and work are to be set by Consultant; provided, however, that such schedule is subject to review by and concurrence of the County.

1.4 Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and County laws, ordinances, regulations and resolutions. Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement.

1.5 If Consultant deems it appropriate to retain a consultant, subcontractor, expert or investigator in connection with the performance of the services under this Agreement, Consultant will so advise the County and seek the County’s approval of such subcontractor. Any consultant, subcontractor, expert, or investigator employed by Consultant will be at Consultant’s sole cost and expense, except as otherwise approved by the County.

1.6 Upon mutual agreement, Consultant and other County departments or other local agencies may contract directly with Consultant for similar scope of work on substantially the same terms and conditions set forth herein.

2. Consideration

2.1 Consultant shall be compensated on either a time and materials basis or a lump sum basis, as provided in Exhibit A attached hereto.

2.2 Except as expressly provided in this Agreement, Consultant shall not be entitled to nor receive from County any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to, meals, lodging, transportation, drawings, renderings, or mockups. Consultant shall not be reimbursed for any out-of-pocket expenses, including travel, meals, lodging, or materials, unless such expenses are expressly approved in advance and in writing by the County. If pre-approved by the County in writing, reimbursable travel expenses shall be strictly limited to actual costs for meals, lodging, and transportation, and will be paid in accordance with the County's travel policy. Any such request for reimbursement of pre-approved expenses by Consultant shall include all receipts. County will not pay any markup or administrative fee by Consultant on any expenses. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays, or other paid leaves of absence of any type or kind whatsoever.

2.3 Consultant shall provide the County with a monthly or a quarterly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the County shall pay in full within 30 days of receipt of an undisputed invoice. The statement will generally describe the services performed, the applicable rate or rates, the basis for the calculation of fees, and a reasonable itemization of costs. All invoices for services provided shall be forwarded in the same manner and to the same person and address that is provided for service of notices herein.

2.4 County will not withhold any Federal or State income taxes or Social Security tax from any payments made by County to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. County has no responsibility or liability for payment of Consultant’s taxes or assessments.

3. Term

3.1 This Agreement shall commence on ____________________ and shall terminate on _____________________________. [or] This Agreement shall commence on the date of this Agreement and shall terminate upon 1) Consultant’s completion of the Services and County’s approval thereof; and 2) County’s payment for the Services performed under this Agreement.

3.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.

3.3 County may terminate this Agreement upon 30 days’ prior written notice without cause. Termination of this Agreement shall not affect the County’s obligation to pay for all fees earned and reasonable costs necessarily incurred by Consultant as provided in Paragraph 2 herein, subject to any applicable setoffs.

3.4 Upon written notice to Consultant, the County may terminate this Agreement upon the occurrence of Consultant’s bankruptcy or the sale of Consultant’s business.

4. Compliance with Laws; Licenses and Permits; Digital Accessibility Standards.

4.1 Consultant shall comply with all applicable laws and regulations. Any licenses, certificates or permits required by the federal, state, county or municipal governments for Consultant to provide the services and work described in Exhibit A must be procured by Consultant and be valid at the time Consultant enters into this Agreement. Further, during the term of this Agreement, Consultant must maintain such licenses, certificates and permits in full force and effect. Licenses, certificates and permits may include but are not limited to driver's licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits shall be procured and maintained in force by Consultant at no expense to the County.

4.2 Consultant acknowledges and agrees that all digital content, tools, and platforms provided, developed, or posted by Consultant on behalf of the County under this Agreement must be fully accessible to individuals with disabilities. In accordance with Title II of the Americans with Disabilities Act (ADA) and 28 CFR Part 35, Subpart H, Consultant represents and warrants that all project deliverables—including but not limited to websites, digital documents, software, and public-facing platforms—shall strictly comply with the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. Because this content is considered government information, Consultant shall ensure all materials are fully compliant to guarantee equal access for all users. Consultant’s failure to meet these federal and state accessibility requirements, or to maintain compliance throughout the term of this Agreement, shall constitute a material breach.

5. Office Space, Supplies, Equipment, Etc.

Unless otherwise provided in this Agreement, Consultant shall provide such office space, supplies, equipment, vehicles, reference materials and telephone service as is necessary for Consultant to provide the services under this Agreement. Consultant - not the County - has the sole responsibility for payment of the costs and expenses incurred by Consultant in providing and maintaining such items.

6. Insurance

Consultant shall obtain, and maintain at all times during the term of this Agreement, insurance coverage in the amounts and coverage specified in the attached Exhibit B.

7. Defense and Indemnification

7.1 To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the County and its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, arising out of, resulting from, or in connection with (a) the performance of this Agreement by Consultant or Consultant's officers, employees, agents, representatives, or subcontractors; (b) any negligent act, error, omission, or wrongful act of Consultant or its officers, employees, agents, representatives, or subcontractors; (c) any breach of the terms or conditions of this Agreement by Consultant; or (d) any violation of state or federal law, rule, or regulation by Consultant or its officers, employees, agents, representatives, or subcontractors. This obligation shall survive termination of this Agreement.

7.2 Consultant shall indemnify, defend, and hold harmless and shall be responsible for any and all federal, state, and local taxes, fees, or contributions required to be paid with respect to Consultant and Consultant’s officers, employees, and agents engaged in the performance of this Agreement, including and without limitation unemployment insurance, social security, and payroll tax withholding.

7.3 Consultant shall further indemnify, defend, and hold harmless the County and its agents, officers, and employees from and against any and all claims, damages, losses, judgments, liabilities, expenses, and other costs, arising out of or related to any contention by any of Consultant's officers, employees, agents, representatives, or subcontractors that an employer-employee relationship exists between the County and such individuals by reason of this Agreement.

7.4 If Consultant is a "design professional" as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the County and its agents, officers, and employees from and against any and all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorneys’ fees, but only to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or its officers, employees, agents, representatives, or subcontractors. Consistent with California Civil Code Section 2782.8, Consultant's duty to defend and indemnify the County, and the cost to defend charged to Consultant, shall not exceed Consultant's proportionate percentage of fault.

7.5 The indemnification obligations herein shall survive termination or expiration of this Agreement.

7.6 Consultant's obligation to defend, indemnify and hold the County and its agents, officers and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

8. Status of Consultant

8.1 All acts of Consultant and its officers, employees, agents, representatives, subcontractors and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers or employees of County. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of County. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the County. No agent, officer or employee of the County is to be considered an employee of Consultant. It is understood by both Consultant and County that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

8.2 At all times during the term of this Agreement, Consultant and its officers, employees, agents, representatives or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of County.

8.3 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to County only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to County's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to County under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

8.4 If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by Consultant.

8.5 It is understood and agreed that as an independent contractor and not an employee of County, Consultant and Consultant's officers, employees, agents, representatives or subcontractors do not have any entitlement as a County employee, and do not have the right to act on behalf of the County in any capacity whatsoever as an agent, or to bind the County to any obligation whatsoever.

8.6 It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes…