HomeMy WebLinkAboutFinal - Crawford Architecture Agreement.pdf Agreement No. 21-333
1 MASTER AGREEMENT
2 This Master Agreement ("Agreement") is made and entered into this 24I" day of August, 2021
3 ("Effective Date"), by and between the COUNTY OF FRESNO, a political subdivision of the state of
4 California ("COUNTY"), and each consultant listed in Attachment A, attached hereto and by this reference
5 incorporated herein, hereinafter referred to individually as "CONSULTANT" and collectively as
6 "CONSULTANTS", and such additional CONSULTANTS as may, from time to time during the term of the
7 Agreement, be added by County.
8 WITNESSETH:
9 WHEREAS, the COUNTY has a need to contract with multiple consultant architects to assist the
10 COUNTY Facility Services Manager or his/her designated COUNTY Project Manager in completing various
11 projects and advanced planning for future projects in the COUNTY's Facility Services Division and other
12 COUNTY projects;
13 WHEREAS, consistent with COUNTY Ordinance Code Chapter 4.10 and the Board of Supervisors'
14 adopted policy governing the selection of architects, engineers, and other professionals, a selection
15 committee selected CONSULTANTS to provide the County with Architectural services for the COUNTY's
16 projects;
17 WHEREAS, the COUNTY Facility Services Manager or his/her designated COUNTY Project
18 Manager("Facility Services Manager"), shall administer this Agreement;
19 WHEREAS, the professional Architectural services of the CONSULTANTS may be utilized by the
20 Facility Services Division;
21 WHEREAS, staffing levels of COUNTY personnel may not be sufficient to perform Architectural
22 services for all projects;
23 WHEREAS, said CONSULTANTS represent that they are qualified and willing to perform
24 Architectural services; and
25 WHEREAS the COUNTY hereby contracts with the CONSULTANTS as independent contractors
26 to provide Architectural services as described herein.
27 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
28 contained, the parties hereto agree as follows:
1 1. OBLIGATIONS OF THE CONSULTANT
2 A. Description of Work
3 The work covered in this Agreement is for all or a portion of the services enumerated under this
4 Section I for various projects on an as needed basis. The CONSULTANT agrees to provide the
5 professional services that are necessary for each project when expressly authorized in writing by the
6 Facility Services Manager.
7 CONSULTANTS agree that their inclusion on Exhibit A does not constitute a guarantee or
8 promise that any CONSULTANT shall provide any certain amount of work or services to the COUNTY
9 under this Agreement. By executing a signature page, each CONSULTANT becomes a signatory to this
10 Agreement, and agrees that it is party to this Agreement with the COUNTY and is bound by its terms.
11 No work by CONSULTANT shall begin until CONSULTANT has received a written Notice to
12 Proceed from COUNTY authorizing the necessary project services, the agreed upon not-to-exceed fee
13 for the project in accordance with the approved hourly fee schedule, attached as Attachment B and
14 incorporated by this reference, and the agreed-upon scope of work for the project. All submittals of
15 documents associated with the project by CONSULTANT will be made in both hard copy and electronic
16 format.
17 Throughout the term of this Agreement, CONSULTANT shall collaborate and partner with the
18 COUNTY and other project participants in the interest of maintaining the project budget and schedule
19 and minimizing claims. Partnering may be instituted during design and/or during construction phases.
20 The scope of project will determine the level of partnering to be implemented. Collaboration sessions
21 shall be attended by all associated project and executive level staff requested by COUNTY, at no
22 additional cost to COUNTY. All collaborative sessions are to be conducted at the Facility Services
23 Building located at 4590 E. Kings Canyon, Fresno, CA 93702, although the location of any collaborative
24 session(s) is subject to change upon notice by COUNTY.
25 B. Consultant Services
26 i. Phase 1 — Programming and Schematic Design:
27 The CONSULTANT shall for each project:
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1 1) Ascertain the project requirements through a meeting with the
2 Facility Services Manager and a review of an existing schematic layout of each project, if
3 such layout is available.
4 2) Confirm existing building systems, including electrical, mechanical,
5 plumbing, communications, telephones, and computers through visual observations,
6 review of record documents, and discussions with the Facility Services Manager as
7 appropriate for each specific project. CONSULTANT shall not be responsible for
8 unknown conditions that could not be reasonably identified through the methods
9 described herein. Note: COUNTY's floorplans provided to CONSULTANT may not show
10 all of the exact wall locations and functions indicated on those plans.
11 3) Meet with COUNTY staff every two (2) weeks, or more often, if
12 necessary, to review the progress of the project. CONSULTANT shall prepare brief
13 minutes of meetings conducted. The minutes, including any direction provided by the
14 COUNTY, shall be provided at least four (4) days in advance of the next progress
15 meeting. Meet with the Board of State and Community Corrections ("BSCC"), California
16 State Fire Marshall ("CSFM"), and/or local or other jurisdictional building officials, as
17 appropriate for the specific project, to review the applicable building, seismic, and health
18 codes and to confirm compliance with all code requirements applicable to the project.
19 4) Prepare a schematic design consisting of exterior elevations, site
20 plans, and floor plans, with square footage and rough dimensions, and illustrate the
21 function of the rooms.
22 5) Analyze and show on a floor plan room locations and interior
23 circulation patterns. More than one proposed floor plan may be required.
24 6) Prepare a furniture and equipment layout for the user Department.
25 7) Prepare and submit an opinion of probable construction cost
26 identifying significant area and system components of the project. The opinion of
27 probable construction cost shall be submitted in the "Construction Specifications
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1 Institute/Uniform Construction Index" ("CSI/UCI") format, and shall identify design
2 contingency and escalation amounts to the mid-point of the proposed construction period.
3 8) Monitor and keep COUNTY informed regarding the impact of
4 design issues on the project budget. Upon the request of the COUNTY, CONSULTANT
5 shall incorporate into the design such reasonable changes as the COUNTY deems
6 appropriate, as a result of the COUNTY's review process and impact on the budget or
7 opinion of probable construction cost. If CONSULTANT disagrees with the COUNTY's
8 request, such disagreement must be registered in writing, and the COUNTY will attempt
9 to reconcile such disagreement. If it is impossible to make a reconciliation, the written
10 disagreement will become a part of the project's record. However, CONSULTANT shall
11 then comply with the COUNTY's request.
12 9) Submit and review with the COUNTY in a meeting ten (10) copies
13 of the final schematic design. The ten (10) copies shall be submitted seven (7) business
14 days prior to the meeting. Schematic design plans submitted for review may be 11" x 17".
15 10) Modify or delete portions of the proposed construction work or
16 reduce program space at the request of the COUNTY if the schematic opinion of
17 probable construction cost indicates increases in costs above the project budget.
18 CONSULTANT shall adhere to any such modifications in the preparation and completion
19 of the schematic plans, opinion of probable construction cost and specifications in work
20 performed under Phase 1.
21 11) Continue to incorporate into the design development phase of
22 CONSULTANT's work, the changes required from project approval of the schematic
23 design only if COUNTY expressly authorizes CONSULTANT in writing to proceed to the
24 next phase.
25 12) COUNTY shall contact CONTRACTORS via telephone and/or
26 email when services are needed. The final cost and time estimates shall be in writing.
27 Selection shall be based on the combination of overall cost and the response/timeframe
28 estimate provided by the CONTRACTORS, which, in the sole opinion of the COUNTY,
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1 offers the best value for the COUNTY. Each CONTRACTOR must use its respective
2 pricing provided in Attachment C, which is attached and incorporated by reference. The
3 service start and end dates must be approved and authorized in writing by the County
4 Representative(s) prior to commencement of any work. These periods may be extended
5 at the sole discretion of the County Representative(s).
6 13) The ISD Director/CIO reserves the right at any time during the term
7 of this Master Agreement to add new CONTRACTORS to those listed in Attachment A,
8 on behalf of the Board of Supervisors. It is understood any such additions may be made
9 by COUNTY without notice to or approval of the other CONTRACTORS under this
10 Master Agreement. Any such contractors added must submit a response to RFQ No. 17-
11 050 that is acceptable to COUNTY. CONTRACTORS also agree that inclusion on
12 Attachment A does not constitute a guarantee or promise that any CONTRACTOR shall
13 provide any certain amount of work or services to COUNTY under this Master
14 Agreement. Each CONTRACTOR understands that any such addition will not affect their
15 compensation. These same provisions apply to the termination of any CONTRACTOR
16 listed in Attachment A. By executing a signature page, each CONTRACTOR becomes a
17 signatory to this Master Agreement, and agrees that it is party to this Master Agreement
18 with the COUNTY, and is bound by its terms.
19 ii. Phase 2 — Design Development
20 1) Prepare, in this or subsequent work, plans of the site or plot plans
21 suitable for the Site Plan Review process.
22 2) Prepare, in this or subsequent work, floor plans, site plans, interior
23 elevations and details suitable to submit to the Division of State Architect for Accessible
24 Compliance review only.
25 3) Provide, in this or subsequent phase of his work, all data
26 necessary to comply with all City and County permits and land use requirements.
27 4) Review the progress and content of the drawings and cost
28 estimate every two (2) weeks in meetings with the COUNTY, and prepare brief minutes
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1 thereof. CONSULTANT must monitor and keep COUNTY informed regarding the impact
2 of design issues on the project budget. Upon the request of the COUNTY,
3 CONSULTANT shall incorporate into the design such reasonable design and operations
4 changes as the COUNTY deems appropriate as a result of the COUNTY's review
5 processes and impact on the project budget or opinion of probable construction cost. If
6 CONSULTANT disagrees with the COUNTY's request, such disagreement must be
7 registered in writing, and the COUNTY will attempt to reconcile such disagreement. If it is
8 impossible to make reconciliation, the written disagreement will become part of the
9 project's record. However, CONSULTANT shall then comply with the COUNTY's request.
10 5) Prepare the design development drawings on 24" x 36" or larger
11 sheets, and opinion of probable construction costs and preliminary specifications on
12 8 '/2" x 11" pages. The preliminary design shall consist of floor plans, exterior elevations,
13 cross sections and interior elevations, landscaping plan, site and plot plans and other
14 drawings drawn to scale, and showing the locations of walls, doors, windows, equipment
15 fixtures, and other necessary items together with the requirements for the electrical,
16 heating, plumbing, air conditioning, and other work necessary to complete the project.
17 Construction structural framing and finish materials shall be clearly identified on design
18 development drawings.
19 6) Prepare a detailed design development opinion of probable
20 construction cost, which shall identify the construction components, building systems,
21 and requirements of the project.
22 a) The opinion of probable construction cost shall be projected to the
23 midpoint of the probable construction period, and include material and labor unit costs,
24 overhead, profit, insurance, taxes, general requirements, supervision, and difficulty
25 factors, and be organized in the CSI Uniformat or Masterformat.
26 b) The opinion of probable construction cost shall identify escalation
27 and design contingency amounts, which must be approved in writing by COUNTY.
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1 7) Submit originals to COUNTY for reproduction in quantities
2 necessary for project review of the completed design development plans, specifications,
3 and opinion of probable construction cost. This design development submittal shall also
4 include the fixture costs for all pieces of equipment included in the design.
5 CONSULTANT shall meet as necessary with the COUNTY to identify and explain in
6 detail all elements included in the design development document requirements as
7 outlined herein, or meet as necessary to fully explain design scope and obtain
8 COUNTY's approval thereof.
9 8) Review and confirm with COUNTY staff the construction budget.
10 9) Delete portions of the proposed construction work or change
11 materials and equipment at the request of the COUNTY if the preliminary opinion of
12 probable construction cost exceeds the construction budget. The CONSULTANT shall
13 adhere to any such modifications in the preparation and completion of preliminary plans,
14 opinion of probable construction cost, and specifications in this Phase.
15 10) Continue to incorporate into the design in the succeeding phases
16 of the CONSULTANT's work the changes identified from project approval of the design
17 development (preliminary design) and proceed with the next phase only if expressly
18 authorized in writing by COUNTY.
19 11) At the completion of the Phase 2 — Design Development, submit
20 drawings to Facility Services Manager for Site Plan Review and if required, submit
21 accessible compliance drawings to the Division of State Architect.
22 iii. Phase 3 —Construction Documents
23 1) Prepare the final working drawings from the design development
24 drawings as modified by the COUNTY, on 24" by 36" sheets or larger, and technical
25 specifications on 8-1/2" by 11" pages, setting forth in detail the work to be done, the
26 materials, workmanship, finishes, and equipment required for the architectural, structural,
27 mechanical, electrical, communications, and other components of construction necessary
28
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1 to provide the COUNTY a complete and functional project for its intended purpose within
2 the requirements of this Agreement.
3 2) Monitor and keep COUNTY informed regarding the impact of
4 design issues on the project budget. Upon the request of the COUNTY, CONSULTANT
5 shall incorporate into the design such reasonable changes, as the COUNTY deems
6 appropriate, as a result of the COUNTY's review processes and impact on the project
7 budget or opinion of probable construction cost.
8 3) Submit to the COUNTY the projected and final construction opinion
9 of probable construction cost organized in the CSI Masterformat for the base bid work
10 and alternate bid items. The opinion of probable construction cost shall be projected to
11 the midpoint of the scheduled construction period to be scheduled by the COUNTY.
12 Differences between the design development and final opinion of probable construction
13 cost shall be explained in writing.
14 4) Verify the reasonableness of the estimated construction period for
15 construction contract bidding purposes as provided by the COUNTY, and identify long
16 delivery items of materials and equipment that will impact the length of the construction
17 contract.
18 5) If required for the construction of a specific project, propose, and
19 submit a recommended testing and inspection list for materials identifying type, quantity,
20 frequency, schedule, and cost estimate of tests to be performed by an independent
21 testing firm during construction.
22 6) Submit progress originals and final originals of the plans,
23 specifications, calculations, and opinion of probable construction cost for reproduction by
24 the COUNTY. Submit four (4) copies of structural calculations.
25 7) If required, submit additional copies of the completed plans,
26 calculations, and specifications to the COUNTY for transmittal to CSFM and BSCC and
27 applicable plan check agencies in building, seismic, and health code compliance,
28 accessibility, and approval as applicable for each project.
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1 8) For projects requiring building permits to be issued by the County
2 of Fresno Public Works and Planning, Development Services Division, submit three (3)
3 sets of the completed plans and calculations for plan check. The CONSULTANT shall be
4 responsible for supplying all supporting documentation required to obtain all permits as
5 directed by Fresno County Development Services. It is the intent that the CONSULTANT
6 shall be responsible to provide and process all drawings and data required to issue
7 permits and approvals by Federal, State, County, City and/or any other Government or
8 Utility Company approvals. Review and/or permit fees shall be reimbursed to the
9 CONSULTANT on a dollar-for-dollar basis with no mark-up. Fresno County Development
10 Services fees, Division of State Architect fees and Pacific Gas and Electric fees shall be
11 paid for directly by COUNTY.
12 9) If required by approval agencies, such as the CSFM, for the
13 construction of each project, submit to the COUNTY using the appropriate agency forms,
14 project background information and recommended testing and inspection list for materials
15 to be used for each project, identifying type, quantity, frequency, and schedule.
16 10) Modify plans as required to obtain plan check approval.
17 iv. Phase 4 —Construction Observation
18 1) Attend the preconstruction conference scheduled by the COUNTY.
19 2) Provide construction observation, including, but not limited to:
20 a) Making recommendations to the COUNTY on all claims of the
21 COUNTY or Construction Contractor ("CONTRACTOR") and all other matters relating to
22 the execution and progress of work, including interpretation of the CONSULTANT's
23 design documents.
24 b) Except for color boards, within seven (7) working days of
25 COUNTY's request, reviewing and making recommendations for samples, schedules,
26 shop drawings, and other submissions for general conformance with the design concept
27 of the project, and for general compliance with the plans and specifications and
28 information provided by the CONSULTANT's contract documents.
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1 c) Within two (2) working days of COUNTY's Request for Information
2 ("RFI"), respond to the COUNTY Project Manager or CONTRACTOR, through the
3 COUNTY Project Manager, with information and/or drawings needed from
4 CONSULTANT in order to clarify the intent of the construction contract plans and
5 specifications of the project. CONSULTANT shall review CONTRACTOR's cost
6 proposals for all change orders associated with any additional work as may be necessary
7 by the RFI clarifications.
8 d) Recommending and assisting in the preparation of necessary
9 change orders, with supporting documentation, calculations, and opinions of probable
10 construction cost, for review and issuance of change orders by the COUNTY Project
11 Manager to obtain appropriate agency acceptance and approval.
12 (1) Drawings and work necessary to delineate the COUNTY's
13 changes to the construction contract or to make modifications as directed by the
14 Director of Internal Services/CIO, or COUNTY Facility Services Manager or
15 designee.
16 (2) Notwithstanding the foregoing, where the change order
17 arises as a result of an error or omission of the CONSULTANT, the
18 CONSULTANT shall not be compensated for the time spent or cost incurred in
19 efforts connected with the correction thereof. In such event, the costs incurred by
20 COUNTY for rework of installed work shall be assessed upon the
21 CONSULTANT's contract payments, and a 5-10% hold on project costs until after
22 the notice of completion by the jurisdiction is finalized.
23 (3) Assist COUNTY, at COUNTY's express, written
24 authorization, with any claim resolution process involving CONTRACTOR and
25 COUNTY as specified hereunder, including serving as a witness in connection
26 with any public hearings or legal proceeding, including dispute resolutions
27 required by law. The parties recognize that this clause is provided as a means of
28 expediting resolution claims among the CONTRACTOR, COUNTY and
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1 CONSULTANT. However, it is understood the CONTRACTOR is not intended
2 third party beneficiary of this clause. Compensation for these services under this
3 subparagraph 1(B)(iv)(2)(d)(3), shall be provided under Section 6(C), "Payment"
4 of this Agreement, subject to the following:
5 I. COUNTY may believe that CONSULTANT's work under
6 this Agreement is connected with errors, or omissions, or
7 problems related to a claim. As a result, and upon notice of
8 same by COUNTY, CONSULTANT's payment request for
9 such services shall be held in suspense by COUNTY until
10 final determination in accordance with Section 9, "Errors or
11 Omission Claims and Disputes" of this Agreement, or by a
12 court of law of the proportion that CONSULTANT's fault
13 bears to the fault of all parties concerned.
14 II. Such amounts held in suspense, pending the final
15 determination as to the CONSULTANT's proportional fault,
16 shall not be paid to CONSULTANT. However, the
17 appropriate percentage of such amount held in suspense
18 shall be paid to CONSULTANT when, once a final
19 determination has been made, whether pursuant to Section
20 9, "Errors or Omission Claims and Disputes" of this
21 Agreement, or by a court of law, CONSULTANT thereafter
22 submits a proper invoice to the Facility Services Division,
23 which then shall evaluate and approve the invoice in
24 accordance with Section 5(C), "Payments" of this
25 Agreement.
26 3) At intervals appropriate to the stage of construction, or as
27 otherwise deemed necessary by CONSULTANT, visit the site of the project as necessary
28 to become familiar generally with the progress and quality of the work, and to determine
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1 that the work is proceeding in general accordance with the contract documents.
2 CONSULTANT shall not be required to make exhaustive or continuous on-site
3 inspections but shall give direction to the Construction Inspector as hereinafter more
4 specifically provided.
5 4) CONSULTANT shall not be responsible for the CONTRACTOR's
6 failure to carry out the construction work in accordance with the contract documents,
7 however, CONSULTANT shall immediately advise the COUNTY Representative of any
8 known or observed deviation from the contract documents. CONSULTANT shall not have
9 control over or charge of, and shall not be responsible for construction means, methods,
10 techniques, sequence, or procedure, or for the safety precautions, programs, or
11 equipment in use of connection with the work, since these are solely the
12 CONTRACTOR's responsibility under the contract for construction.
13 5) Based on CONSULTANT's visits to the site, CONSULTANT shall
14 keep the COUNTY informed through written reports as to the progress of the work, shall
15 advise the COUNTY of defects and deficiencies of the work of contractors, and may
16 recommend that the COUNTY reject work as failing to conform to the contract
17 documents.
18 6) Conduct site visits which shall include, but not limited to, on-site
19 inspections to determine the date of substantial completion and final completion and
20 issuance of final certificate for payment.
21 7) Conduct testing, or a "project shakedown", and staff orientation for
22 the completed project.
23 v. Phase 5 — Buildinq Systems, Testing, and Staff Orientation
24 1) At a minimum, twenty (20) working days prior to the completion of
25 the Project, the CONSULTANT and his/her subconsultants shall begin conduction testing
26 of all the building's mechanical, plumbing, electrical, and other systems included withing
27 the design contract.
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1 2) The CONSULTANT and his/her subconsultants shall develop a
2 punch-list of items needing completion, repair, or replacement to be delivered to the
3 COUNTY Project Manager. A minimum of three (3) separate punch-list visits shall be
4 included.
5 3) The CONSULTANT and his/her subconsultants shall conduct a
6 building maintenance staff orientation and training when the building systems are
7 deemed complete and in working order by the COUNTY Project Manager.
8 vi. Phase 6 — Post Construction Services
9 1) Review and forward to the COUNTY two (2) copies of Operations
10 and Maintenance Manuals to be furnished by the CONTRACTOR.
11 2) Inform the COUNTY of all written guarantees required of the
12 CONTRACTOR by the CONSULTANT's technical specifications or special conditions.
13 3) Return to COUNTY all plans borrowed from COUNTY to
14 CONSULTANT.
15 4) Require through the construction contract specifications that record
16 drawings be prepared by the CONTRACTOR and submitted to the COUNTY for
17 acceptance by the Construction Inspector and CONSULTANT. However, upon
18 completion of the project, CONSULTANT shall transfer the CONTRACTOR's record
19 drawing changes onto the CONSULTANT's original drawings. The complete record
20 drawing set shall remain at all times the property of the COUNTY. Changes shall be
21 identified by cloud markings and shall identify date of change and its source, such as
22 from addenda, change order, or clarification. CONSULTANT shall have no responsibility
23 for the accuracy of information provided, either by the CONTRACTOR or by the
24 Construction Inspector, for transfer to record drawings.
25 5) If construction plans have been prepared with a CAD system,
26 record drawings in the form of .dxf or.dwg files shall be furnished and delivered to
27 Facilities Services Division in addition to reproducibles. Such .dxf or.dwg files shall be
28 furnished on compact disk (CD-ROM).
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1 6) Participate fully, aligned with and not adverse to the interests of the
2 COUNTY, upon request, in the early settlement discussions of construction claims
3 resolution issues. In the event such participation is requested of CONSULTANT,
4 CONSULTANT shall be paid for such services as provided under the provisions of
5 Section 5 of this Agreement for this time spent in such participation. All provisions of
6 subparagraph 1(B)(vi)(2)(d)(3), of this Agreement shall apply to CONSULTANT's
7 participation in any early settlement discussions required by this Section 1(vi)
8 CONSULTANT's participation in this process does not preclude the COUNTY's right to
9 make an error and omissions claim against the CONSULTANT.
10 7) No final payment to the CONSULTANT will be issued until the
11 services of this phase have been performed and errors and omissions attributed to the
12 CONSULTANT have been resolved.
13 2. OBLIGATIONS OF COUNTY
14 A. Compensate the CONSULTANT as provided in this Agreement.
15 B. Provide a COUNTY Representative who will represent the COUNTY and who will
16 coordinate with the CONSULTANT as appropriate to facilitate CONSULTANT's performance of its
17 obligations under this Agreement. The COUNTY Representative will be the Facility Services Manager
18 during the award of the construction contract, and the COUNTY Project Manager after award of the
19 construction contract through completion of project by the CONSULTANT. The CONSULTANT shall
20 communicate and coordinate with the COUNTY Representative who will provide the following services
21 as appropriate for each project:
22 i. Provide basic design layouts and drawing layouts as may be required for
23 each project unless otherwise agreed by the COUNTY and CONSULTANT.
24 ii. Prepare the title sheet for each project's plan unless otherwise agreed in
25 writing by the COUNTY and CONSULTANT.
26 iii. Loan or provide copies of any available building plans to CONSULTANT.
27 iv. Examine documents submitted to the COUNTY by the CONSULTANT and
28 timely render decisions pertaining thereto.
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1 V. Provide communication between CONSULTANT and COUNTY officials
2 and commissions (including user Department).
3 C. Give reasonably prompt consideration to all matters submitted by the CONSULTANT
4 for approval to the end that there will be no substantial delays in the CONSULTANT's program of work.
5 Any approval, authorization or request to the CONSULTANT given by the COUNTY will be binding upon
6 COUNTY under the terms of this Agreement only if it is made in writing and signed on behalf of the
7 COUNTY by the COUNTY Representative or his/her designee.
8 3. TERM
9 The term of this Agreement shall be for a period of three (3) years, commencing on July 9th,
10 2021, through and including July 8th, 2023. This Agreement may be extended for two (2) additional
11 consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30)
12 days prior to the first day of the next twelve (12) month extension period. The Director of Internal
13 Services/Chief Information Officer or his or her designee is authorized to execute such written approval
14 on behalf of COUNTY based on CONSULTANT'S satisfactory performance.
15 4. INDIVIDUAL PROJECT TERMS
16 Following the discussion with the COUNTY in Section (13)(i)(12), the CONSULTANT shall submit
17 for the Facility Services Division Manager or his/her designated representative's approval, a scope of
18 services for the individual project, the agreed-upon costs for the project, as well as detailed schedules
19 for the performance of the CONSULTANT's services, which may be adjusted by mutual written
20 agreement as the projects proceed, and shall include allowances for periods of time required for the
21 COUNTY's review and approval of submissions by authorities having jurisdiction over the projects. Time
22 limits established by these schedules approved by Facility Services Division Manager or his/her
23 designated representative shall not, expect as provided in this Agreement, be exceeded by
24 CONSULTANT.
25 CONSULTANT shall diligently proceed with the agreed scope of services, and shall provide such
26 services in a timely manner. Failure of the CONSULTANT to meet any deadline listed in the above-
27 referenced schedules once such failure continues more than seven (7) calendar days past the specified
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1 completion date (unless the delay is attributable to the COUNTY or State) is sufficient cause to
2 immediately terminate this Agreement, at the option of the COUNTY, in accordance with Section 5.
3 5. TERMINATION
4 A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided
5 hereunder, are contingent on the approval of funds by the appropriating government agency. Should
6 sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated,
7 at any time without penalty by giving the CONSULTANT thirty (30) days advance written notice.
8 B. Breach of Contract - The COUNTY may immediately suspend or terminate this
9 Agreement in whole or in part, where in the determination of the COUNTY there is:
10 1) An illegal or improper use of funds;
11 2) A failure to comply with any term of this Agreement;
12 3) A substantially incorrect or incomplete report submitted to the COUNTY;
13 4) Improperly performed service.
14 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
15 of this Agreement or any default which may then exist on the part of the CONSULTANT. Neither shall such
16 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
17 The COUNTY shall have the right to demand of the CONSULTANT the repayment to the COUNTY of any
18 funds disbursed to the CONSULTANT under this Agreement, which in the judgment of the COUNTY were
19 not expended in accordance with the terms of this Agreement. The CONSULTANT shall promptly refund
20 any such funds upon demand.
21 C. Without Cause - Under circumstances other than those set forth above, this Agreement
22 may be terminated by COUNTY by giving thirty (30) days advance written notice of an intention to
23 terminate to CONSULTANT. In the event that the COUNTY terminates this Agreement as to one or
24 more CONSULTANT(S), this Agreement shall stay in full force and effect as to the remaining
25 CONSULTANTS. Termination of one or more CONSULTANT(S) from this Agreement shall not
26 terminate the Agreement as to the remaining CONSULTANT.
27 6. COMPENSATION/INVOICING
28 A. Total Fee
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1 Notwithstanding any other provisions in this Agreement, the maximum total compensation
2 payable under this Agreement shall not exceed two million dollars ($2,000,000) over the entire potential
3 five-year term of this Agreement. Fees shall be calculated at the hourly cost rates shown in Attachment
4 B, and shall not exceed agreed maximums for each phase of a project.
5 The rates listed herein shall remain in effect for the duration of this Agreement. However, at the
6 request of a CONSULTANT, rates may be renegotiated each year after the first anniversary from the
7 Effective Date of this Agreement. CONSULTANT's request for annual rate adjustments may not exceed the
8 adjustment factor listed in the Engineering News Record's Construction Cost Index or the California
9 Consumer Price Index, as published by the California Department of Industrial Relations for the year,
10 whichever is lower. The adjusted rates shall be agreed to by both parties in writing.
11 B. Basic Fee
12 Within the maximum total compensation payable under this Agreement not to exceed two million
13 dollars ($2,000,000) over the entire potential five-year term of this Agreement, the Basic Fee for each
14 project shall be as mutually agreed to in writing between the CONSULTANT and the Facility Services
15 Division Manager or his/her designated representative.
16 All expenses incidental to CONSULTANT's performance of services under Section 1 of this
17 Agreement shall be borne by CONSULTANT. Incidental expenses include, but may not be limited to,
18 transportation and travel, postage and courier services, photo and duplicating services, telephone and
19 facsimile charges, computer storage media, drawing and plotting media, printing of"check print" plans and
20 plan sets and documents specifically required by the provisions of Section 1 of this Agreement.
21 CONSULTANT shall not add markup percentages or costs to subconsultant's costs or incidental
22 costs unless expressly authorized in writing by the COUNTY.
23 If the CONSULTANT becomes aware of potential unforeseen expenses that would not be covered
24 by the Basic Fee agreed to for a project, CONSULTANT shall inform the COUNTY in writing of the extent
25 and nature of such expenses or services. Upon mutual agreement of the CONSULTANT and the COUNTY
26 Representative, the scope of work and agreed fee for a project may be amended in writing to cover such
27 unforeseen expense or cost.
28 C. Payments
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1 Progress payments will be made by the COUNTY upon receipt of the CONSULTANT's monthly
2 invoices and approval by COUNTY thereof based on the COUNTY's evaluation of the completion of the
3 respective components of the project(s). Invoices shall clearly identify the specific project, the phase of
4 the project, the percent of the work completed, agreed maximum fee, and description of the work
5 performed, shall be submitted with the documentation identified below. CONSULTANT shall submit
6 separate invoices for each phase of each project for work being performed under this Agreement.
7 CONTRACTOR shall submit monthly invoices referencing the provided contract number electronically to
8 the designated COUNTY Representative.
9 Unsatisfactory or inaccurate invoices will be returned to the CONSULTANT for correction and
10 resubmittal. Payment, less retention, will be issued to CONSULTANT within forty-five (45) calendar days
11 of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice.
12 COUNTY is entitled to, and shall withhold a five percent (5%) retention from the earned
13 compensation of the CONSULTANT separately for each project. Such retention from earned
14 compensation may, at the COUNTY'S option, be applied to all phases of the consultant services of a
15 project to be provided under this Agreement, including those phases completed. The withheld retention
16 shall be returned by County after the completed and approved final project inspection that is conducted
17 by the jurisdiction's or building's authority.
18 7. INDEPENDENT CONSULTANT
19 In performance of the work, duties and obligations assumed by CONSULTANT under this
20 Agreement, it is mutually understood and agreed that CONSULTANT, including any and all of the
21 CONSULTANT'S officers, agents, and employees will at all times be acting and performing as an
22 independent CONSULTANT, and shall act in an independent capacity and not as an officer, agent, servant,
23 employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right
24 to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and
25 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
26 CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
27 CONSULTANT and COUNTY shall comply with all applicable provisions of law and the rules and
28 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
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1 Because of its status as an independent CONSULTANT, CONSULTANT shall have absolutely no
2 right to employment rights and benefits available to COUNTY employees. CONSULTANT shall be solely
3 liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits.
4 In addition, CONSULTANT shall be solely responsible and save COUNTY harmless from all matters
5 relating to payment of CONSULTANT'S employees, including compliance with Social Security withholding
6 and all other regulations governing such matters. It is acknowledged that during the term of this Agreement,
7 CONSULTANT may be providing services to others unrelated to the COUNTY or to this Agreement.
8 8. MODIFICATION
9 Any matters of this Agreement may be modified from time to time by the written consent of all the
10 parties without, in any way, affecting the remainder.
11 9. ERRORS OR OMISSION CLAIMS AND DISPUTES
12 A. Definitions:
13 1) A "Consultant" is a duly licensed Architect or Engineer, or other provider of
14 professional services, acting as a business entity (owner, partnership, corporation, joint
15 venture or other business association) in accordance with the terms of an Agreement
16 with the COUNTY.
17 2) A "Claim" is a demand or assertion by one of the parties seeking, as a matter of
18 right, adjustment or interpretation of contract terms, payment of money, extension of
19 time, change orders, or other relief with respect to the terms of the contract. The term
20 "Claim" also includes other disputes and matters in question between the COUNTY and
21 CONSULTANT arising out of or relating to the contract. Claims must be made by written
22 notice. The provisions of Government Code Section 901, et seq., shall apply to every
23 claim made to COUNTY. The responsibility to substantiate claims shall rest with the
24 party making the Claim. The term "Claim" also includes any allegation of a neglected
25 error or omission by the CONSULTANT.
26 B. In the spirit of cooperation between the COUNTY and CONSULTANT, the following
27 procedures are established in the event of any claim or dispute by COUNTY or CONSULTANT alleging
28 a negligent error, act, or omission.
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1 1) Claims, disputes or other matters in question between the parties, arising out of or
2 relating to this Agreement, shall not be to arbitration, but shall be subject to the following
3 procedures.
4 2) The Facility Services Manager or his/her designee and CONSULTANT shall meet
5 and confer and attempt to reach agreement on any dispute, including what damages
6 have occurred, the measure of damages and what proportion of any damages, if any,
7 shall be paid by either party. The parties agree to consult and consider the use of
8 mediation or other form of dispute resolution prior to resorting to litigation.
9 3) If the COUNTY and CONSULTANT cannot reach agreement under the
10 immediately preceding paragraph, the disputed issues may, upon concurrence by all
11 parties, be submitted to a panel of three (3)for a recommended resolution. The
12 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and
13 the third member shall be selected by the other panel members. The discovery rights
14 provided by California Code of Civil Procedure for civil proceedings shall be available
15 and enforceable to resolve the disputed issues. Either party requesting this dispute
16 resolution process shall, when invoking the rights to this panel, give to the other party a
17 notice describing the claims, disputes and other matters in question. Prior to twenty (20)
18 days before the initial meeting of the panel, both parties shall submit all documents such
19 party intends to rely upon to resolve such dispute. If it is determined by the panel that
20 any party has relied on such documentation, but has failed to previously submit such
21 documentation on a timely basis to the other party, the other party shall be entitled to a
22 twenty (20) day continuance of such initial meeting of the panel. The decision by the
23 panel is not a condition precedent to arbitration, mediation or litigation.
24 4) Upon receipt of the panel's recommended resolution of the dispute issues, the
25 COUNTY and CONSULTANT shall again meet and confer and attempt to reach
26 agreement. If the parties still are unable to reach agreement, each party shall have
27 recourse to all appropriate legal and equitable remedies.
28
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1 C. The procedures to be followed in the resolution of claims and disputes may be modified
2 at any time by mutual agreement of the parties hereto.
3 D. The CONSULTANT shall continue to perform its obligations under this Agreement
4 pending resolution of any dispute, and the COUNTY shall continue to make payments of all undisputed
5 amounts due under this Agreement.
6 E. When a claim by either party has been made alleging the CONSULTANT's negligent
7 error, act, or omission, the COUNTY Facility Services Manager or his/her designee and the
8 CONSULTANT shall meet and confer within twenty-one (21) days after the written notice of the claim
9 has been provided.
10 10. NON-ASSIGNMENT
11 Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under
12 this Agreement without the prior written consent of the other party.
13 11. HOLD HARMLESS
14 To the fullest extent permitted by law, CONSULTANT agrees to indemnify, and hold harmless,
15 and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all
16 costs and expenses (including attorney's fees and costs) damages, liabilities, claims, and losses
17 occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CONSUL
18 TANT, its officers, agents, or employees under this Agreement, but only to the extent actually caused by
19 the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, or employees
20 under this Agreement, and from any and all costs and expenses (including attorney's fees and costs),
21 damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
22 may be injured or damaged by the performance, or failure to perform, but only to the extent actually
23 caused by, the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, or
24 employees under this Agreement.
25 The provisions of this Section 11 shall survive the termination of this Agreement.
26 12. INSURANCE
27 Without limiting the COUNTY's right to obtain indemnification from CONSULTANT or any third
28 parties, CONSULTANT, at its sole expense, shall maintain in full force and effect, the following insurance
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1 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
2 Joint Powers Agreement (JPA)throughout the term of the Agreement:
3 A. Commercial General Liability
4 Commercial General Liability Insurance with limits of not less than Two Million Dollars
5 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
6 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
7 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
8 liability or any other liability insurance deemed necessary because of the nature of this contract.
9 B. Automobile Liability
10 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
11 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
12 used in connection with this Agreement.
13 C. Professional Liability
14 If CONSULTANT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
15 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
16 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate, and with a
17 deductible not to exceed fifty thousand dollars ($50,000). A deductible greater than fifty thousand dollars
18 ($50,000)will be acceptable to the COUNTY receiving satisfactory, certified information of the
19 CONSULTANT's ability to support such a deductible. The financial ability to support the difference between
20 fifty thousand dollars ($50,000) and the greater deductible amount requested by the CONSULTANT shall
21 be guaranteed by any of the following:
22 i) Cash deposit with a trustee bank.
23 ii) Irrevocable letter of credit issued by a bank for the same time period as specifically
24 reference in subparagraph
25 D. Worker's Compensation
26 A policy of Worker's Compensation insurance as may be required by the California Labor Code.
27 E. Additional Requirements Relating to Insurance
28 CONSULTANT shall obtain endorsements to the Commercial General Liability insurance naming
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1 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
2 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
3 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
4 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
5 provided under CONSULTANT's policies herein. This insurance shall not be cancelled or changed without
6 a minimum of thirty (30) days advance written notice given to COUNTY.
7 CONSULTANT hereby waives its right to recover from COUNTY, its officers, agents, and
8 employees any amounts paid by the policy of worker's compensation insurance required by this
9 Agreement. CONSULTANT is solely responsible to obtain any endorsement to such policy that may be
10 necessary to accomplish such waiver of subrogation, but CONSULTANT's waiver of subrogation under this
11 paragraph is effective whether or not CONSULTANT obtains such an endorsement.
12 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
13 CONTRACTOR shall provide, via email, certificates of insurance and endorsement as stated above for all
14 of the foregoing policies, as required herein, to FacilityServices(a-_)fresnocountyca.gov, stating that such
15 insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents
16 and employees will not be responsible for any premiums on the policies; that for such worker's
17 compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers,
18 agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate
19 the insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
20 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the
21 operations under this Agreement are concerned; that such coverage for additional insured shall apply as
22 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents
23 and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's
24 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
25 days advance, written notice given to COUNTY.
26 In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein
27 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
28 Agreement upon the occurrence of such event.
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1 All policies shall be issued by admitted insurers licensed to do business in the State of California,
2 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
3 FSC VI or better.
4 13. AUDITS AND INSPECTIONS:
5 The CONSULTANT shall at any time during business hours, and as often as the COUNTY may
6 deem necessary, make available to the COUNTY for examination all of its records and data with respect to
7 the matters covered by this Agreement. The CONSULTANT shall, upon request by the COUNTY, permit
8 the COUNTY to audit and inspect all of such records and data necessary to ensure CONSULTANT'S
9 compliance with the terms of this Agreement.
10 If this Agreement exceeds ten thousand dollars ($10,000), CONSULTANT shall be subject to the
11 examination and audit of the California State Auditor for a period of three (3) years after final payment
12 under contract (Government Code Section 8546.7).
13 14. NOTICES
14 The persons and their addresses having authority to give and receive notices under this Agreement
15 include the following:
16 COUNTY CONSULTANTS
COUNTY OF FRESNO See Attachment A
17 Director of Internal Services/CIO
333 W. Pontiac Way
18 Clovis, CA 93612
19 All notices between the COUNTY and CONSULTANT provided for or permitted under this
20 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
21 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
22 personal service is effective upon service to the recipient. A notice delivered by first-class United States
23 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
24 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
25 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
26 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
27 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
28 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
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1 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
2 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
3 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
4 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
5 beginning with section 810).
6 15. GOVERNING LAW
7 Venue for any action arising out of or related to this Agreement shall only be in Fresno County,
8 California. The rights and obligations of the parties and all interpretation and performance of this
9 Agreement shall be governed in all respects by the laws of the State of California.
10 16. DISCLOSURE OF SELF-DEALING TRANSACTIONS
11 This provision is only applicable if the CONSULTANT is operating as a corporation (a for-profit or
12 non-profit corporation) or if during the term of the Agreement, the CONSULTANT changes its status to
13 operate as a corporation.
14 Members of the CONSULTANT's Board of Directors shall disclose any self-dealing transactions
15 that they are a party to while CONSULTANT is providing goods or performing services under this
16 Agreement. A self-dealing transaction shall mean a transaction to which the CONSULTANT is a party
17 and in which one or more of its directors has a material financial interest. Members of the Board of
18 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
19 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit 1 and incorporated herein by
20 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
21 immediately thereafter.
22 17. ELECTRONIC SIGNATURES
23 The parties agree that this Agreement may be executed by electronic signature as provided in
24 this section. An "electronic signature" means any symbol or process intended by an individual signing
25 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
26 version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
27 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to
28 this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing
-25-
1 this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or
2 judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of
3 that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
4 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
5 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken
6 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
7 through (5), and agrees that each other party may rely upon that representation. This Agreement is not
8 conditioned upon the parties conducting the transactions under it by electronic means and either party
9 may sign this Agreement with an original handwritten signature.
10 18. ENTIRE AGREEMENT
11 This Agreement constitutes the entire agreement between the CONSULTANT and COUNTY with
12 respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals,
13 commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless
14 expressly included in this Agreement.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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1 EXHIBIT 1
2 Self-Dealing Transaction Disclosure Form
3 In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of
4 a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-
5 dealing transactions that they are a party to while providing goods, performing services, or both for the
6 County. A self-dealing transaction is defined below:
7
"A self-dealing transaction means a transaction to which the corporation is a party and in which one or
8
more of its directors has a material financial interest"
9
10 The definition above will be utilized for purposes of completing this disclosure form.
11 INSTRUCTIONS
12 1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
13 2) Enter the board member's company/agency name and address.
14 3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County.
15 At a minimum, include a description of the following:
16 a. The name of the agency/company with which the corporation has the transaction; and
17 b. The nature of the material financial interest in the Corporation's transaction that the board
18 member has.
19 4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions
20 of the Corporations Code.
21 5) Form must be signed by the board member that is involved in the self-dealing transaction
22 described in Sections 3) and 4).
23
24
25
26
27
28
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1 By executing this signature page, Consultant becomes a signatory to the Master
2 Agreement date, September 21 st, 2022, and agrees that it is a party to the Master Agreement
3 with the County and is bound by it's terms.
4 IN WITNESS WHEREOF, the parties hereto have executed this Master Agreement as of
5 the Effective Date.
6
CONSULTANT
7
g Crawford Architecture tanning
9
10
i olas Cr d, Principal
11
1755 Herndon Ave, Ste 103
12 Clovis, CA 93611
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 EXHIBIT 1
2 Self-Dealing Transaction Disclosure Form
3 In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of
4 a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-
5 dealing transactions that they are a party to while providing goods, performing services, or both for the
6 County. A self-dealing transaction is defined below:
7
"A self-dealing transaction means a transaction to which the corporation is a party and in which one or
8
more of its directors has a material financial interest"
9
10 The definition above will be utilized for purposes of completing this disclosure form.
11 INSTRUCTIONS
12 1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
13 2) Enter the board member's company/agency name and address.
14 3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County.
15 At a minimum, include a description of the following:
16 a. The name of the agency/company with which the corporation has the transaction; and
17 b. The nature of the material financial interest in the Corporation's transaction that the board
18 member has.
19 4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions
20 of the Corporations Code.
21 5) Form must be signed by the board member that is involved in the self-dealing transaction
22 described in Sections 3) and 4).
23
24
25
26
27
28
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1 (1)Company Board Member Information:
2 Name: Date:
Job Title:
3 (2)Company/Agency Name and Address:
4
5
6
7
8
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
9
10
11
12
13
14
15
16
17
18
19 (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
20
21
22
23
24
25
26 (5)Authorized Signature
Signature: Date:
27
28
-30-
1 Attachment A
2 Consultant Contact Information
3 CONSULTANT NAME ADDRESS CONTACT INFO.
1 Borrelli & Associates, Inc. 2032 N. Gateway John Borrelli, President
4 Blvd Fresno, CA Lohnb(a)borrellienaineerina.com
93727 559-233-4138
5 2 Dyson Janzen Architects 1295 N. Wishon Arthur T. Dyson, Architect
Ave. Fresno, CA adysor�,..)dysonjanzen.com
6 93728 559-497-6370
3 Integrated Designs by SOMAM, 6011 N. Fresno Pete Mogensen, Corporation
7 Inc. St., Ste. 130 Secretary/Architect
Fresno, CA pmogensen(a�soman
8 93710 559-436-0881
4 LDA Partners, Inc. 222 Central Court Eric Whole, President
9 Stockton, CA ewohle .ldapartne,-.,jm
95204 209-943-0405
10 5 Paul Halajian Architects 389 Clovis Ave., Paul Halajian, President
Ste. 100 Clovis, paulh cQhalajianarch.com
11 CA 93612 559-297-7900
6 Robina Wright Architect & 4025 N. Fresno Robina Wright, President
12 Associates, Inc. St., Ste. 107 robins(a)robinawriahtarchitect.com
Fresno, CA 559-307-7232
13 93726
7 SIM-PBK 7790 N. Palm Bryan Sassano, Principle
14 Ave Fresno, CA bsassano(o)sim-pbk.com
93711 559-448-8400
15 8 TAM+CZ Architects, Inc. 5650 N. Fresno Ron Andreasen, President
16 St., Ste. 110 randreasen(a)tamcz-
Fresno, CA architects.com
93710 559-435-4750
17 9 Muratore Associates, Inc. 2697 W. Justin Muratore,
18 Robinwood Ln President/Principle
Fresno, CA Justin muratoreassociates.com
19 93711 559-365-6534
10 Crawford Architecture & 1755 Herndon Nicholas Crawfor, AIA
Planning Ave, Ste 103 nicholas @_crawfordap.com
20 Clovis, CA 93611 559-900-7131
21
22
23
24
25
26
27
28
Crawford Architecture & Planning
1755 Herndon Ave, Ste 103
Clovis, CA 93611
Ph/Txt: (559) 977-9779
Email: nicholas@crawfordap.com
License No. C-38643
Rate Schedule for Architectural Services - 2022
Standard Hourly Billing Rates for Basic Services:
• Principal Architect: $180.00
• Project Manager: $140.00
• Drafting: $95.00
• Clerical/Administrative: $75.00
Reimbursable Costs:
Reimbursable expenses are in addition to the compensation for basic services, at cost plus 15%, itemized
as follows:
• Printing & Reproduction Costs
• Shipping & Postage
• Travel mileage outside of Fresno County reimbursed at current federal mileage rate.
Hourly bill rates are subject to change annually per the following schedule:
Year: Rate:
Year 1 Standard Billing Rates listed above
Year 2 No increase
Year 3 Increased Rates:
• Principal Architect: $185.00
• Project Manager: $145.00
• Drafting: $100.00
• Clerical/Administrative: $80.00
Year 4 No increase
Year 5 Increased Rates:
• Principal Architect: $190.00
• Project Manager: $150.00
• Drafting: $105.00
• Clerical/Administrative: $85.00
co
Inter Office Memo
INTERNAL SERVICES DEPARTMENT
185610 Facilities • Fleet•Graphics• Purchasing •Security•Technology
DATE: September 22, 2022
FROM: Robert W. Bash, Director of Internal Services/CIO a'k-K c) &A"'
SUBJECT: Add Crawford Architecture & Planning to A-21-333 Master Agreement for Architect
Consulting Services
The Agreement referenced was approved on August 24, 2021, with a retroactive effective date of July 9,
2021. The Fresno County Board of Supervisors have authorized the Director of Internal Services/Chief
Information Officer and/or his or her designee to add consultants to this Master Agreement, on behalf of
the County.
This letter serves as a notice that consultant Crawford Architecture & Planning will be added to this
Master Agreement.
Internal Services/333 W. Pontiac Way/Clovis, California 93612/(559) 600-6200/ Fax (559) 600-5927
The County of Fresno is an Equal Employment Opportunity Employer