HomeMy WebLinkAbout2022 On-Call - Vanir Construction Agreement.pdf On-Call Agreement for
Architectural and Engineering Consultant and Other Related Services
Contents
1. OBLIGATIONS OF THE CONSULTANT ....................................................................4
2. OBLIGATIONS OF THE COUNTY..............................................................................7
O. Staff Augmentation........................................................................................................9
3. TERM OF AGREEMENT ............................................................................................9
4. TERMINATION ......................................................................................................... 10
A. Non-Allocation of Funds / Funding Requirements ...................................................... 10
B. Breach of Contract...................................................................................................... 10
C. Without Cause............................................................................................................ 11
5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS................................... 11
A. Maximum Cumulative Amount Available .................................................................... 11
B. Consultant Fee ........................................................................................................... 12
C. Not used..................................................................................................................... 14
D. Retention.................................................................................................................... 14
E. Payments ................................................................................................................... 14
F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 16
6. INDEPENDENT CONTRACTOR.............................................................................. 17
7. MODIFICATION / CHANGE IN TERMS.................................................................... 18
8. NON-ASSIGNMENT ................................................................................................. 19
9. HOLD HARMLESS ................................................................................................... 19
10. LIABILITY INSURANCE............................................................................................20
A. Commercial General Liability.......................................................................................20
B. Automobile Liability......................................................................................................20
C. Professional Liability Insurance: ..................................................................................21
D. Worker's Compensation .............................................................................................21
E. Additional Requirements Relating to Insurance..........................................................21
11. AUDITS / RETENTION OF RECORD.......................................................................23
12. NOTICES ..................................................................................................................24
13. GOVERNING LAW ...................................................................................................24
14. DISCLOSURE OF SELF-DEALING TRANSACTIONS.............................................24
15. ELECTRONIC SIGNATURE .....................................................................................25
16. SUBCONSULTANTS................................................................................................25
I. Prompt Progress Payment............................................................................................27
J. Prompt Payment of Withheld Funds to Subconsultants ..............................................27
17. CONFLICT OF INTEREST .......................................................................................29
18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES .............................................30
19. OWNERSHIP OF DATA ...........................................................................................32
20. CONSULTANT'S LEGAL AUTHORITY ....................................................................35
21. BINDING UPON SUCCESSORS..............................................................................35
22. SEVERABILITY.........................................................................................................35
23. STATE PREVAILING WAGE RATES .......................................................................35
C. Payroll Records...........................................................................................................36
E. Penalty......................................................................................................................38
1 F. Hours of Labor ..........................................................................................................40
2 G. Employment of Apprentices...................................................................................40
Articles24-39 Not used.......................................................................................................41
3 40. ENTIRE AGREEMENT .............................................................................................41
41. SIGNATURES...........................................................................................................42
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5 Appendices
6 Appendix A— Listing of all consultants, including CONSULTANT'S "Project Manager"
7 Appendix B — Scope
Appendix C — Project Team
8 Appendix D — Deliverables
Appendix E — Cost Proposal
9 Appendix F — Not Used
Appendix G — Self Dealing Transaction Disclosure Form
10 Appendix H — Subconsultants
11 Appendix I — Conflict of Interest Code
Appendix J — Not Used
12 Appendix K — Not Used
Appendix L — Not Used
13 Appendix M — Not Used
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1 CONSULTANT AGREEMENT
2 THIS AGREEMENT for Architectural and Engineering Consultant Services,
3 hereinafter referred to as "AGREEMENT," is made and entered into this 13th day of
4 June 2022, by and between the COUNTY OF FRESNO, a Political Subdivision of the
5 State of California, hereinafter referred to as "COUNTY"; and Vanir Construction
6 Management, Inc, a C Corporation, #C1013782, whose address is 4540 Duckhorn Drive,
7 Suite 300, Sacramento, CA 95834 hereinafter referred to as "CONSULTANT".
8 Recitals
9 WHEREAS, the COUNTY desires to retain the CONSULTANT as one of a number
10 of consultant firms to provide, pursuant to separate agreements, on-call architectural and
11 engineering consulting services and/or staff augmentation consulting services,
12 encompassing architectural, structural, mechanical, transportation, environmental, water
13 resources, surveying, geotechnical, materials testing and such other architectural and
14 engineering disciplines for which each such consultant is qualified, as necessary to assist
15 the COUNTY in performing projects (hereinafter referred to as "PROJECT(S)") proposed by
16 the COUNTY; and
17 WHEREAS, said the CONSULTANT has been selected in accordance with the
18 COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, and
19 other professionals, and in accordance with Chapter 10 of the California Department of
20 Transportation's (CALTRANS) Local Assistance Procedures Manual (LAPM), to provide
21 certain professional services necessary for the PROJECTS, as specified herein; and
22 WHEREAS, the individual listed below
23 Erin Haagenson, Principal Staff Analyst
24 2220 Tulare Street, 6th Floor, Fresno, CA 93721
25 559-600-4528
26 ehaagenson fresnocountyca.gov
27 is designated as the CONTRACT ADMINISTRATOR for this Agreement on behalf of the
28 COUNTY, and shall remain so unless the CONSULTANT is otherwise notified in writing by
3
1 the COUNTY's Director of Public Works and Planning or his/her designee(s) (hereinafter
2 referred to as the "DIRECTOR"); and
3 WHEREAS, the individual listed in Appendix A, as the firm's "Consultant Project
4 Manager" is designated as the CONSULTANT'S PROJECT MANAGER for this Agreement,
5 and shall remain so unless the CONSULTANT requests and the DIRECTOR approves, in
6 writing, a change of the CONSULTANT'S PROJECT MANAGER, which approval will not
7 be unreasonably withheld; and
8 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
9 herein contained, the parties hereto agree as follows:
10 1. OBLIGATIONS OF THE CONSULTANT
11 A. The COUNTY hereby contracts with the CONSULTANT as an independent
12 contractor to provide the professional services enumerated in "Consultant's Scope of
13 Services" attached as Appendix B.
14 B. The CONSULTANT'S services shall be performed as expeditiously as is
15 consistent with professional skill and the orderly progress of the work, based on schedules
16 for each specific PROJECT mutually agreed upon in advance by the CONTRACT
17 ADMINISTRATOR, and the CONSULTANT.
18 C. The CONSULTANT'S PROJECT team staff shall be as listed in Appendix C,
19 attached hereto and incorporated herein. Any substitutions of personnel must be approved
20 in advance by the CONTRACT ADMINISTRATOR, which approval shall not be
21 unreasonably withheld. The CONSULTANT shall notify the CONTRACT ADMINISTRATOR
22 of the names and classifications of employees assigned to each specific PROJECT, and
23 shall not reassign such employees to other projects of the CONSULTANT without
24 notification to and prior approval by the CONTRACT ADMINISTRATOR.
25 D. The CONSULTANT may retain, as subconsultants, specialists as the
26 CONSULTANT requires to assist in completing the work in accordance with Article 16
27 "Subconsultants" (and, if applicable to this Agreement, Article 24 "Disadvantaged Business
28 Enterprises").
4
1 E. Services provided by CONSULTANT on PROJECTS relating to the
2 construction or improvement of roads and bridges shall be done in accordance with
3 American Association of State Highway and Transportation Officials (AASHTO)
4 requirements for applicable structures.
5 F. All projects funded wholly or in part by CALTRANS must conform to all
6 requirements imposed by CALTRANS and the Federal Highway Administration (FHWA), as
7 specified in Chapter 10 of the CALTRANS LAPM.
8 G. The services that may be furnished by the CONSULTANT under this
9 Agreement are for all or a portion of the services the CONSULTANT is allowed to provide
10 within the applicable professional discipline limits, as defined in California State License
11 Law, for various PROJECTS on an as needed basis.
12 H. The CONSULTANT agrees to provide the professional services that are
13 necessary for each PROJECT when expressly authorized in writing by the CONTRACT
14 ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the
15 CONSULTANT has received a written Notice to Proceed (NTP) or Task Order from the
16 CONTRACT ADMINISTRATOR authorizing the necessary service, agreed upon fee, and
17 scope of work.
18 I. The CONSULTANT shall submit proposals in response to requests issued by
19 the CONTRACT ADMINISTRATOR on a project-by-project basis. The CONSULTANT'S
20 proposal at a minimum shall include, but not be limited to, staff qualifications, proposed
21 method and schedule for completing the task(s), completed federal forms and a sealed cost
22 proposal. The CONSULTANT agrees that each professional or other individual performing
23 work on any such PROJECT(S) shall be adequately trained to perform the work and shall
24 possess the proper license, certification or registration as required by law or by accepted
25 standards of the applicable profession. The CONSULTANT agrees to provide the
26 professional services that are necessary to complete the requested tasks consistent with
27 the scope of its contracted discipline(s), as listed in Appendix B ("Scope"), when expressly
28 authorized in writing by the CONTRACT ADMINISTRATOR.
5
1 J. Submissions of reports, plans, specifications, and estimates will be submitted
2 in the formats, quantities, and delivery methods delineated in Appendix D "Deliverables"
3 hereto unless other formats, quantities, and/or delivery methods have been mutually
4 agreed upon, in writing, prior to the CONSULTANT's submittal. The CONSULTANT shall
5 verify compatible format and quantity prior to final delivery.
6 K. Assist the COUNTY, at the DIRECTOR's express, written authorization, with
7 any claim resolution process involving the construction contractor and the COUNTY as
8 specified hereunder, including serving as a witness in connection with any public hearings
9 or legal proceeding, and also including dispute resolutions required by law or hereunder.
10 The parties recognize that this clause is provided as a means of expediting resolution of
11 claims among the construction contractor, the COUNTY, and the CONSULTANT. However,
12 it is understood the construction contractor is not an intended third-party beneficiary of this
13 clause. Compensation for these services shall be computed and invoiced at the same
14 hourly rates listed in Appendix E hereto, including travel costs that are being paid for the
15 CONSULTANT's personnel services under this Agreement. Any assistance provided by the
16 CONSULTANT as described in this Article 1, Section K shall be subject to the provisions of
17 Article 5 hereinafter, and shall also be subject to the following:
18 1. The DIRECTOR may believe the CONSULTANT'S work under this
19 Agreement to have included negligent errors or omissions, or that the CONSULTANT may
20 otherwise have failed to comply with the provisions of this Agreement, either generally or in
21 connection with its duties as associated with a particular PROJECT; and that the cause(s)
22 for a claim by the construction contractor may be attributable, in whole or in part, to such
23 conduct on the part of the CONSULTANT. Upon notice by the DIRECTOR, the payments to
24 the CONSULTANT for such arguably deficient services shall be held in suspense by the
25 COUNTY until a final determination has been made, of the proportion that the
26 CONSULTANT'S fault bears to the fault of all other parties concerned.
27 2. Such amounts held in suspense shall not be paid to the
28 CONSULTANT, pending the final determination as to the CONSULTANT'S proportional
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1 fault. However, the appropriate percentage of such amount held in suspense shall be paid
2 to the CONSULTANT, once a final determination has been made, and the CONSULTANT
3 thereafter submits a proper invoice to the COUNTY. Payment shall be issued in
4 accordance with the procedure outlined in Article 5, Section E, Paragraph 2.
5 L. The CONSULTANT'S personnel shall typically be assigned to and remain on
6 specific Department projects/deliverables until completion and acceptance of the
7 project/deliverables by the Department. Personnel assigned by the CONSULTANT shall be
8 available at the start of a Task Order and after acceptance of the project/deliverable by the
9 Department.
10 M. After the CONTRACT ADMINISTRATOR'S approval of the CONSULTANT'S
11 personnel proposal and finalization of a Task Order, the CONSULTANT may not add or
12 substitute personnel without the CONTRACT ADMINISTRATOR'S prior written approval.
13 2. OBLIGATIONS OF THE COUNTY
14 The COUNTY will:
15 A. Provide eligible consultants the opportunity to compete for Task Orders on a
16 project-by-project basis by providing a miniature Request for Proposal (mini-RFP), except
17 as specified under Section B. The CONSULTANT'S eligibility for project types, disciplines,
18 and services is listed in Appendix B.
19 B. The COUNTY reserves the right to suspend competition under this
20 AGREEMENT and engage the services of an eligible qualified consultant from the listing
21 attached as Appendix A, in the event that one or more of the following circumstances apply
22 to the needed work:
23 1. Service is available only from a single source
24 2. There is an emergency which will not permit the time necessary to
25 conduct competitive negotiations
26 3. After the mini-RFP is issued (as provided in the immediately preceding
27 Section A) competition is determined to be inadequate
28 4. Services of expert witnesses for litigation or special counsel to assist
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1 the County.
2 C. Issue Task Orders on a project-by-project basis. Task Orders will at a
3 minimum include scope of work, location, and schedule for the PROJECT.
4 D. Provide the CONSULTANT with a PROJECT Scope and Schedule, and
5 compensate the CONSULTANT as provided in this Agreement.
6 E. Provide an individual PROJECT ADMINISTRATOR to serve as a
7 representative of the COUNTY who will coordinate and communicate with the
8 CONSULTANT on all PROJECT technical work, to the extent appropriate, in an effort to
9 facilitate the CONSULTANT'S performance of its obligations in accordance with the
10 provisions of this Agreement.
11 F. Provide basic plan sheet layouts as required.
12 G. Examine documents submitted to the COUNTY by the CONSULTANT and
13 timely render decisions pertaining thereto.
14 H. Provide aerial photographs as required.
15 I. Provide copies of any available existing as-built plans and right-of-way
16 drawings from the COUNTY'S files.
17 J. Provide list of property owners with addresses for notification of property
18 owners upon the CONSULTANT'S request.
19 K. Provide preliminary engineering survey data on existing structures and
20 topographic mapping in the formats, quantities, and delivery methods delineated in
21 Appendix D to the CONSULTANT, if available.
22 L. Prepare all legal descriptions and drawings required for right-of-way
23 acquisition and/or temporary construction permits.
24 M. Provide limited assistance to CONSULTANT, as may be appropriate under
25 the circumstances, in connection with CONSULTANT'S processing of required permits.
26 N. Give reasonably prompt consideration to all matters submitted for approval by
27 the CONSULTANT in an effort to assist the CONSULTANT in avoiding any substantial
28 delays in the CONSULTANT'S program of work. An approval, authorization or request to
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1 the CONSULTANT given by the COUNTY will be binding upon the COUNTY under the
2 terms of this Agreement only if it is made in writing and signed on behalf of the COUNTY by
3 CONTRACT ADMINISTRATOR.
4 O. Staff Augmentation
5 The COUNTY will:
6 a. Issue Task Orders on an assignment-by-assignment basis. Task Orders
7 will at a minimum include a description of the assignments to be performed and the
8 anticipated duration of the assignments.
9 b. Provide a work station and basic work tools and supplies such as
computers, printers, calculators, paper and various office supplies. Parking charges will not
10
be reimbursed by the COUNTY.
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c. Compensate the CONSULTANT as provided in the AGREEMENT.
12 d. Provide, as to each PROJECT, designated COUNTY management staff,
13 including the member of COUNTY staff who will be the Engineer-in-Responsible Charge for
14 that PROJECT, who together shall be responsible to assign work and oversee the work of
15 CONSULTANT's staff on a day-to-day basis.
16 e. Provide an individual PROJECT ADMINISTRATOR to serve as a
17 representative of the COUNTY who will coordinate and communicate with the
18 CONSULTANT, to the extent appropriate, to facilitate the CONSULTANT'S performance of
19 its obligations in accordance with the provisions of the AGREEMENT.
20 f. Give reasonably prompt consideration to all matters submitted for
approval by the CONSULTANT in an effort to assist the CONSULTANT in avoiding any
21
substantial delays in the CONSULTANT'S program of work. An approval, authorization or
22
request to the CONSULTANT given by the COUNTY will be binding upon the COUNTY
23 under the terms of the AGREEMENT only if it is made in writing and signed on behalf of the
24 COUNTY by the CONTRACT ADMINISTRATOR.
25 3. TERM OF AGREEMENT
26 A. The term of this Agreement shall be for a period of five (5) years, commencing
27 upon execution by the COUNTY, through and including the fifth anniversary of the
28
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1 execution date.
2 B. The CONSULTANT shall commence work promptly after receipt of a Notice to
3 Proceed or Task Order issued by the CONTRACT ADMINISTRATOR. The period of
4 performance for Task Orders shall be in accordance with dates specified in the Task Order.
5 No Task Order will be written which would extend the period of performance beyond the
6 expiration date of this Agreement, the maximum term of which shall not exceed five (5)
7 years.
8 4. TERMINATION
9 A. Non-Allocation of Funds / Funding Requirements
10 The terms and conditions of this Agreement, and the services to be provided
11 hereunder, are contingent on the approval of funds by the appropriating government
12 agency. Should sufficient funds not be allocated, the services provided may be modified, or
13 this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days
14 advance written notice. This Agreement may be terminated without cause at any time by
15 the COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this
16 Agreement, the CONSULTANT shall be compensated for services satisfactorily completed
17 to the date of termination based upon the compensation rates and subject to the maximum
18 amounts payable agreed to in Article 5, together with such additional services satisfactorily
19 performed after termination which are expressly authorized by the COUNTY to conclude
20 the work performed to date of termination.
21 B. Breach of Contract
22 The COUNTY may immediately suspend or terminate this Agreement in whole or in
23 part, where in the determination of the COUNTY there is:
24 1. An illegal or improper use of funds;
25 2. A failure to comply with any term of this Agreement;
26 3. A substantially incorrect or incomplete report submitted to the COUNTY;
27 4. Improperly performed service.
28 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
10
1 of any breach of this Agreement or any default which may then exist on the part of the
2 CONSULTANT, nor shall any such payment impair or prejudice any remedy available to
3 the COUNTY with respect to the breach or default. The DIRECTOR shall have the right to
4 demand of the CONSULTANT the repayment to the COUNTY of any funds disbursed to
5 the CONSULTANT under this Agreement, which, in the sole judgment of the COUNTY
6 were not expended in accordance with the terms of this Agreement. The CONSULTANT
7 shall promptly refund any such funds upon demand. This Section survives the termination
8 of this Agreement.
9 C. Without Cause
10 Under circumstances other than those set forth above, this Agreement may be
11 terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
12 intention to terminate to CONTRACTOR.
13 5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS
14 A. Maximum Cumulative Amount Available
15 The COUNTY has or will enter into up to fifty (50) separate agreements, including
16 this Agreement, for performance of the Scope of Services identified hereinabove in Article
17 1, Section A and more thoroughly in Appendix B attached hereto. The other Agreements
18 are to be entered into by the COUNTY with the other consultant firms listed, together with
19 the CONSULTANT, on the list of consultant firms attached hereto as Appendix A. The total
20 amount payable by the COUNTY for all the Agreements combined shall not exceed a
21 cumulative maximum total value of Twenty-two Million Two Hundred Thousand Dollars
22 ($22,200,000), which "Not to Exceed Sum" hereinafter shall be referenced as the "NTE
23 Sum".
24 It is understood and agreed that there is no guarantee, either expressed or implied,
25 that all or any specific portion of this maximum NTE Sum will be authorized under the On-
26 Call Engineering Consultant Agreements through Task Orders. It is further understood and
27 agreed that there is no guarantee, either expressed or implied, that any Task Order will be
28 assigned to the CONSULTANT or that the CONSULTANT will receive any payment
11
1 whatsoever, under the terms of this Agreement. Each time a Task Order is awarded under
2 any of the Agreements, the COUNTY shall send written notification to the CONSULTANT
3 and each of the other consultants that entered into the Agreements. Each such notice shall
4 identify the cumulative total of funds allocated under all Task Orders issued hereunder as
5 of that date, and the remaining unencumbered amount of the NTE Sum. The
6 CONSULTANT acknowledges and agrees that the COUNTY shall not pay any amount
7 under this Agreement that would cause the NTE Sum to be exceeded, and the
8 CONSULTANT shall not enter into a Task Order that exceeds the remaining
9 unencumbered amount of the NTE Sum.
10 B. Consultant Fee
11 1. The approved CONSULTANT's Cost Proposal is attached hereto
12 as Appendix E and incorporated by this reference as though fully set forth herein. If there is
13 any conflict between the provisions set forth in the text of this Agreement and the approved
14 Cost Proposal (Appendix E), this Agreement shall take precedence.
15 2. The hourly and cost rates listed in Appendix E for services
16 rendered by the CONSULTANT and subconsultants shall remain in effect for the entire
17 duration of this Agreement unless adjusted in accordance with the provisions of
18 Paragraphs 3, 5, or 6 of this Article 5, Section B.
19 3. The hourly rates paid for services performed by the CONSULTANT
20 and by subconsultants of the CONSULTANT and the rates for expenses incidental to the
21 CONSULTANT'S and its subconsultants' performance of services may be adjusted no
22 more than once annually for inflation, in accordance with the following provisions: the
23 CONSULTANT may request new labor rates and new rates for expenses incidental to the
24 CONSULTANT'S and subconsultant's performance of services subject to written approval
25 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article 5,
26 Section B. The CONSULTANT shall initiate the rate adjustment process by submitting to
27 the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The proposed
28 adjusted fee schedule shall include proposed hourly rates for all categories of the
12
1 CONSULTANT'S and any subconsultants' wage classifications and proposed rates for
2 incidental expenses listed in Appendix E. The proposed adjusted fee schedule shall not
3 take effect unless approved in writing by the CONTRACT ADMINISTRATOR. The
4 CONSULTANT hereby acknowledges its understanding that approval by the CONTRACT
5 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide
6 a basis for any increase in the NTE Sum as set forth in Article 5, Section A.
7 4. Expenses incidental to the CONSULTANT'S and any
8 subconsultant's performance of services under Article 5 of this Agreement shall be charged
9 at the rates listed in Appendix E, subject to any adjustments that may be approved in
10 accordance with Paragraphs 3, 5, or 6 of this Article 5, Section B. Unless incorporated in an
11 adjusted fee schedule approved by the CONTRACT ADMINISTRATOR in accordance with
12 Paragraphs 3, 5, or 6 of this Article 5, Section B, all other expenses incidental to the
13 CONSULTANT'S and any subconsultant's performance of the services under Article 1 of
14 this Agreement that are not specifically listed in Appendix E shall be borne by the
15 CONSULTANT.
16 5. In the event that, in accordance with Article 1, Section D, the
17 CONTRACT ADMINISTRATOR approves the CONSULTANT to retain additional
18 subconsultants not listed in Appendix H, hourly rates paid for services performed by such
19 additional subconsultants of the CONSULTANT and the rates for expenses incidental to
20 those additional subconsultants' performance of services may be adjusted no more than
21 once annually for inflation, in accordance with Article 5, Section B, Paragraph 3. The first
22 annual adjustment of hourly and incidental expense rates for such additional
23 subconsultants shall not be submitted for approval prior to one year after the CONTRACT
24 ADMINISTRATOR'S approval of the retention of such additional subconsultant(s) by the
25 CONSULTANT.
26 6. Notwithstanding any other provisions in this Agreement, the
27 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the
28 CONSULTANT'S or subconsultant's list of rates for incidental expenses to include
13
1 additional categories of such expenses if, in the opinion of the CONTRACT
2 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S
3 performance of the PROJECT(S).
4 7. Reimbursement for transportation and subsistence costs shall not
5 exceed the rates as specified in the approved Cost Proposal (Appendix E). The
6 CONSULTANT will be responsible for transportation and subsistence costs in excess of
7 State rates.
8 8. The consideration to be paid to CONSULTANT as provided herein,
9 shall be in compensation for all of CONSULTANT's expenses incurred in the performance
10 hereof, including travel and per diem, unless otherwise expressly so provided.
11 C. Not used
12 D. Retention
13 In addition to any amounts withheld under Article 3, the CONSULTANT agrees that
14 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five
15 percent (5%) retention from the earned compensation of the CONSULTANT. If the
16 CONTRACT ADMINISTRATOR determines that retention will not be withheld for a
17 PROJECT, the CONTRACT ADMINISTRATOR will so state in writing prior to
18 commencement of the PROJECT by the CONSULTANT. The CONTRACT
19 ADMISTRATOR will identify in writing prior to commencement of the PROJECT the
20
PROJECT-specific prerequisites (such as successful completion of a PROJECT phase, as
21
an example) for the release of retentions.
22
E. Payments
23
1. Progress payments will be made by the COUNTY upon receipt of the
24
CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR
25
thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the
26
respective components of the assigned PROJECT. Invoices shall clearly identify the
27
28 PROJECT by Name(s), the Phase and Task(s) comprising the work that is the subject of
14
1 the invoice, the Notice to Proceed or Task Order number, and the date(s) on which the
2 work was performed. Invoices shall be submitted together with the documentation identified
3 below in Paragraph 5 of this Article 5, Section E. Invoices shall be forwarded electronically
4 to: PWPBusinessOffice(a�fresnocountyca.gov
5 2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR
6 will take a maximum of ten (10) working days to review, approve, and submit it to the
7 COUNTY Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
8 will be returned to the CONSULTANT for correction and resubmittal. Payment, less
9
retention, if applicable, will be issued to the CONSULTANT within forty five (45) calendar
10
days of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved
11
invoice.
12
3. The COUNTY is entitled to withhold a five percent (5%) retention
13
from the CONSULTANT'S earned compensation in accordance with the provisions of
14
15 Article 5, Section D of this Agreement.
16 4. An unresolved dispute over a possible error or omission may cause
17 payment of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
18 5. Concurrently with the invoices, the CONSULTANT shall certify
19 (through copies of issued checks, receipts, or other COUNTY pre-approved
20 documentation) that complete payment, less a five percent (5%) retention if applicable, has
21 been made to all subconsultants as provided herein for all previous invoices paid by the
22 COUNTY. However, the parties do not intend that the foregoing creates, as to any
23 subconsultants or subcontractors, any purported third-party beneficiary status or any third-
24 party beneficiary rights whatsoever, and the parties do hereby expressly disclaim any such
25 status or rights.
26 6. Final invoices, and separate invoices for retentions, shall be
27 submitted to CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase
28
15
1 is completed. Payment for retentions, if any, shall not be made until all services for the
2 phase are completed.
3 7. In the event the DIRECTOR reduces the scope of the
4 CONSULTANT'S work under this Agreement for a specific PROJECT (or discontinues a
5 specific PROJECT), whether due to a deficiency in the appropriation of anticipated funding
6 or otherwise, the CONSULTANT will be compensated on a pro rata basis for actual work
7 completed and accepted by the DIRECTOR in accordance with the terms of this
8
Agreement.
9
8. Credits due CONSULTANT that include any equipment purchased
10
under the provisions of Article 26 Equipment Purchase, must be reimbursed by
11
CONSULTANT prior to the expiration or termination of this Agreement.
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F. Notice to Proceed / Task Orders / Project Cost Proposal
13
1. Upon the acceptance of a project proposal submitted by the
14
CONSULTANT in accordance with the provisions of Article 1, Section I, and if an
15
16 agreement has been reached on the negotiable items and total cost in connection
17 therewith, then a specific PROJECT will be assigned to the CONSULTANT through
18 issuance by the CONTRACT ADMINISTRATOR of one or more Task Orders or Notices to
19 Proceed (NTP). Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for
20 specific rates of compensation, both of which must be based on the labor and other rates
21 set forth in the CONSULTANT's approved Cost Proposal (Appendix E to this Agreement).
22 2. A Project Cost Proposal is of no force or effect and no expenditures
23 are authorized on a PROJECT and work shall not commence until a Notice to Proceed for
24 that PROJECT has been issued by the COUNTY.
25 3. If the CONSULTANT fails to satisfactorily complete a deliverable
26 according to the schedule set forth in a Task Order, no payment will be made until the
27 deliverable has been satisfactorily completed.
28
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1 4. When milestone or phase cost estimates are included in the Project
2 Cost Proposal and/or Task Order, the CONSULTANT shall obtain prior written approval for
3 a revised Project Cost Proposal from the CONTRACT ADMINISTRATOR before exceeding
4 such estimate.
5 5. The CONSULTANT shall not commence performance of any work or
6 services hereunder until this Agreement has been formally approved by the COUNTY and
7 Notice to Proceed on a specific PROJECT has been issued by the COUNTY's CONTRACT
8 ADMINISTRATOR. No payment will be made prior to approval or for any work performed
9
by the CONSULTANT prior to the COUNTY'S formal approval of this Agreement.
10
6. The period of performance for each Notice to Proceed shall be in
11
accordance with dates specified in the Notice to Proceed. Consistent with the provisions of
12
Article 3, Section B, no Notice to Proceed will be issued that would extend the
13
14 CONSULTANT'S period of performance beyond the expiration date of this Agreement.
15 7. Notices to Proceed may not be used to amend any provision of this
16 Agreement or to expand the scope of the CONSULTANT'S work as authorized under the
17 provisions of this Agreement.
18 6. INDEPENDENT CONTRACTOR
19 A. In performance of the work, duties and obligations assumed by the
20 CONSULTANT under the AGREEMENT, it is mutually understood and agreed that the
21 CONSULTANT, including any and all of the CONSULTANT'S officers, agents, and employees
22 will at all times be acting and performing as an independent contractor, and shall act in an
23 independent capacity and not as an officer, agent, servant, employee, joint venturer, partner,
24 or associate of the COUNTY. Notwithstanding the foregoing, the County will have oversight
25 responsibility over the work performed on every PROJECT pursuant hereto, and one of the
26 COUNTY's own licensed engineers shall be the Engineer-in-Responsible Charge, and
27 accordingly will approve, sign, and stamp the final plans for every PROJECT on which any of
28
17
1 CONSULTANT's employees performs any work hereunder. Furthermore, COUNTY shall
2 retain the right to administer the AGREEMENT in order to verify that the CONSULTANT is
3 performing its obligations in accordance with the terms and conditions hereof.
4 B. The CONSULTANT and the COUNTY shall comply with all applicable provisions of
5 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
6 matters the subject thereof.
7 C. Because of its status as an independent contractor, the CONSULTANT shall have
8 absolutely no right to employment rights and benefits available to COUNTY employees. The
9 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its
10 employees all legally-required employee benefits. In addition, the CONSULTANT shall be
11 solely responsible and save the COUNTY harmless from all matters relating to payment of the
12 CONSULTANT'S employees, including compliance with Social Security withholding and all
13 other regulations governing such matters. It is acknowledged that during the term of this
14 Agreement, the CONSULTANT may be providing services to others unrelated to the
15 COUNTY or to this Agreement.
16 7. MODIFICATION / CHANGE IN TERMS
17 A. This Agreement may be amended or modified only by mutual written agreement
18 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article
19 7, Section C, and Article 16, Section A, any such written amendment to this Agreement
20 may be approved on the COUNTY's behalf only by its Board of Supervisors.
21 B. The CONSULTANT shall only commence work covered by an amendment after
22 the amendment has been fully executed and written notification to proceed has been
23 issued by the CONTRACT ADMINISTRATOR.
24 C. There shall be no change in CONSULTANT's Project Manager or members of the
25 project team, as listed in Appendix A and the approved Cost Proposal (Appendix E, which
26 is incorporated as a part of this Agreement as provided in Article 5, Section 1), without prior
27 written approval by the COUNTY's CONTRACT ADMINISTRATOR. Any substitutions of
28
18
1 personnel must be approved in advance by the CONTRACT ADMINISTRATOR, which
2 approval shall not be unreasonably withheld. The CONSULTANT shall notify the
3 CONTRACT ADMINISTRATOR of the names and classifications of employees assigned to
4 each specific PROJECT and shall not reassign such employees to other projects of the
5 CONSULTANT without notification to and prior approval by the CONTRACT
6 ADMINISTRATOR.
7 8. NON-ASSIGNMENT
8 Neither party shall assign, transfer or sub-contract this Agreement or any of its
9 respective rights or duties under this Agreement hereunder, without the prior written
10 consent of the other party.
11 9. HOLD HARMLESS
12 A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY,
13 its officers, agents, and employees, against the payment of any and all costs and expenses
14 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and
15 liability for bodily and personal injury to or death of any person or for loss of any property,
16 economic loss or otherwise resulting from or arising out of any negligent or wrongful acts,
17 errors or omissions of the CONSULTANT, its officers, agents, and employees, in
18 performing or failing to perform any work, services, or functions under this Agreement.
19 Provided, however, and notwithstanding the immediately preceding sentence, with respect
20 to any PROJECT on which the CONSULTANT has provided design professional services
21 as defined by Civil Code Section 2782.8(c), the CONSULTANT has no obligation to pay for
22 any defense related cost prior to a final determination of its liability, based upon the
23 percentage of comparative fault (if any) finally determined to be attributable to the
24 CONSULTANT'S negligence, recklessness or willful misconduct. Following any such
25 determination, the CONSULTANT shall be responsible to pay to the COUNTY the dollar
26 amount of all such defense costs incurred by the COUNTY that is commensurate with the
27 finally determined percentage of the CONSULTANT'S liability, based upon the final
28 determination of the CONSULTANT'S comparative fault. The provisions of this Article 9,
19
1 Section A shall survive termination of this Agreement.
2 B. The COUNTY and the CONSULTANT hereby declare their mutual intent to
3 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the
4 negligent performance or failure to perform of any COUNTY construction contractor (or its
5 subcontractor(s)) involved in the construction of any PROJECT(S). Such cooperation may
6 include an agreement to prepare and present a cooperative defense after consultation with
7 the CONSULTANT'S professional liability insurance carrier.
8 10. LIABILITY INSURANCE
9 Without limiting the COUNTY'S right to obtain indemnification from the
10 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain
11 in full force and effect, the following insurance policies prior to commencement of any work
12 for the COUNTY and, thereafter, throughout the entire term of this Agreement (with the
13 exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full
14 force and effect for the additional period of time required by Article 20, Section A,
15 Paragraph 4).
16 A. Commercial General Liability
17 Commercial General Liability Insurance with limits of not less than Two Million
18 Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four
19 Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. The
20 COUNTY may require specific coverages including completed operations, products liability,
21 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
22 insurance deemed necessary because of the nature of this Agreement.
23 B. Automobile Liability
24 Comprehensive Automobile Liability Insurance with limits of not less than One
25 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages.
26 Coverage should include auto used in connection with this Agreement.
27
28
20
1 C. Professional Liability Insurance:
2 1. If the CONSULTANT employs licensed professional staff in providing
3 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00)
4 per claim, Three Million Dollars ($3,000,000.00) annual aggregate.
5 2. The Professional Liability Insurance shall be kept in full force and
6 effect for a period of five (5) years from the date of substantial completion of the
7 CONSULTANT'S work as determined by the COUNTY.
8 D. Worker's Compensation
9 A policy of Worker's Compensation insurance as may be required by the California
10 Labor Code.
11 E. Additional Requirements Relating to Insurance
12 The CONSULTANT shall obtain endorsements to the Commercial General Liability
13 insurance naming the County of Fresno, its officers, agents, and employees, individually and
14 collectively, as additional insured, but only insofar as the operations under this Agreement
15 are concerned. Such coverage for additional insured shall apply as primary insurance and
16 any other insurance, or self-insurance, maintained by the COUNTY, its officers, agents, and
17 employees shall be excess only and not contributing with insurance provided under the
18 CONSULTANT's policies required herein. This insurance shall not be cancelled or changed
19 without a minimum of thirty (30) days advance written notice given to the COUNTY.
20 The CONSULTANT hereby waives its right to recover from the COUNTY, its officers,
21 agents, and employees any amounts paid by the policy of worker's compensation insurance
22 required by this Agreement. The CONSULTANT is solely responsible to obtain an
23 endorsement to such policy that may be necessary to accomplish such waiver of subrogation,
24 but the CONSULTANT's waiver of subrogation under this paragraph is effective whether o
25 not the CONSULTANT obtains such an endorsement.
26 Prior to commencing any such work under this Agreement, the CONSULTANT shall
27 provide certificates of insurance and endorsements as stated above for all of the foregoing
28
21
1 policies, as required herein, to the County of Fresno, Erin Haagenson, Principal Staff Analyst,
2 2220 Tulare St., Sixth Floor, Fresno, CA 93721, stating that such insurance coverages have
3 been obtained and are in full force; that the County of Fresno, its officers, agents and
4 employees will not be responsible for any premiums on the policies; that for such worker's
5 compensation insurance the CONSULTANT has waived its right to recover from the
6 COUNTY, its officers, agents, and employees any amounts paid under the insurance policy
7 and that waiver does not invalidate the insurance policy; that such Commercial General
8 Liability insurance names the County of Fresno, its officers, agents and employees,
9 individually and collectively, as additional insured, but only insofar as the operations under
10 this Agreement are concerned; that such coverage for additional insured shall apply a
11 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY,
12 its officers, agents and employees, shall be excess only and not contributing with insurance
13 provided under the CONSULTANT's policies herein; and that this insurance shall not b
14 cancelled or changed without a minimum of thirty (30) days advance, written notice given t
15 the COUNTY.
16 All policies shall be issued by admitted insurers licensed to do business in the State
17 of California, and such insurance shall be purchased from companies possessing a current
18 A.M. Best, Inc. rating of A FSC VII or better.
19 The CONSULTANT agrees that the bodily injury liability insurance herein provided
20 for, shall be in effect at all times during the term of this Agreement. In the event said
21 insurance coverage expires at any time or times during the term of this Agreement,
22 CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said
23 expiration date; and a new Certificate of Insurance evidencing insurance coverage as
24 provided for herein, for not less than either the remainder of the term of the Agreement, or
25 for a period of not less than one (1) year. New Certificates of Insurance are subject to the
26 approval of COUNTY.
27 In the event the CONSULTANT fails to keep in effect at all times the insurance
28 coverages as required by this Article 10, the COUNTY may, in addition to any other
22
1 remedies it may have, suspend or terminate this Agreement upon occurrence of such
2 failure, or may purchase such insurance coverage and charge the cost of the coverage to
3 the CONSULTANT. The COUNTY may offset such charges against any amounts owed by
4 the COUNTY to the CONSULTANT under this Agreement.
5 11. AUDITS / RETENTION OF RECORD
6 A. The CONSULTANT shall at any time during business hours, and as often as the
7 COUNTY may deem necessary, make available to the COUNTY for examination all of its
8 records and data with respect to the matters covered by this Agreement. The
9 CONSULTANT shall, upon request by the COUNTY, permit the COUNTY to audit and
10 inspect all of such records and data, including but not limited to, the costs of administering
11 this Agreement, necessary to ensure the CONSULTANT'S compliance with the terms of
12 this Agreement (and compliance with Public Contract Code 10115, et seq. and Title 21,
13 California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable).
14 B. For the purpose of determining compliance with Gov. Code § 8546.7, the
15 CONSULTANT, its subconsultants, and COUNTY shall maintain all books, documents,
16 papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and
17 other evidence pertaining to the performance of the Agreement including, but not limited to,
18 the costs of administering the Agreement. All parties, including the CONSULTANT's
19 Independent CPA, shall make such workpapers and materials available at their respective
20 offices at all reasonable times during the Agreement period and for three (3) years from the
21 date of final payment under the Agreement. The COUNTY, Caltrans Auditor, FHWA, or any
22 duly authorized representative of the Federal government having jurisdiction under Federal
23 laws or regulations (including without limitation when such jurisdiction is based upon
24 Federal funding of the PROJECT in whole or in part) shall have access to any books,
25 records, and documents of the CONSULTANT, its subconsultants, and the
26 CONSULTANT's Independent CPA, that are pertinent to the Agreement for audits,
27 examinations, workpaper review, excerpts, and transactions, and copies thereof shall be
28 furnished if requested without limitation. It shall be the responsibility of the CONSULTANT
23
1 to ensure that all subcontracts in excess of $25,000 shall contain this provision.
2 C. This Article 11 survives the termination of this Agreement.
3 12. NOTICES
4 The delivery of all notices hereunder and communications regarding interpretation of
5 the terms of this Agreement and any proposed changes thereto, shall be accomplished by
6 sending an e-mail, addressed to the CONTRACT ADMINISTRATOR and the
7 CONSULTANT'S PROJECT MANAGER as identified on Pages 3 and 4 of this Agreement.
8 For all claims arising out of or related to this Agreement, nothing in this section establishes,
9 waives, or modifies any claims presentation requirements or procedures provided by law,
10 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
11 Government Code, beginning with section 810).
12 13. GOVERNING LAW
13 Venue for any action arising out of or related to this Agreement shall only be in
14 Fresno County, California.
15 The rights and obligations of the parties and all interpretation and performance of
16 this Agreement shall be governed in all respects by the laws of the State of California.
17 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
18 This provision is only applicable if the CONSULTANT is operating as a corporation
19 (a for-profit or non-profit corporation) or if during the term of this Agreement, the
20 CONSULANT changes its status to operate as a corporation. Members of the
21 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they
22 are a party to while the CONSULTANT is providing goods or performing services under this
23 Agreement. A self-dealing transaction shall mean a transaction to which the CONSULTANT
24 is a party and in which one or more of its directors has a material financial interest.
25 Members of the Board of Directors shall disclose any self-dealing transactions that they are
26 a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached
27 hereto as Appendix G and incorporated herein by reference, and submitting it to the
28 COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.
24
1 15. ELECTRONIC SIGNATURE
2 The parties agree that this Agreement may be executed by electronic signature as
3 provided in this section.
4 A. An "electronic signature" means any symbol or process intended by an
5 individual signing this Agreement to represent their signature, including but not limited to:
6 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an
7 electronically scanned and transmitted (for example by PDF document) version of an
8 original handwritten signature.
9 B. Each electronic signature affixed or attached to this Agreement: (1) is
10 deemed equivalent to a valid original handwritten signature of the person signing this
11 Agreement for all purposes, including but not limited to evidentiary proof in any
12 administrative or judicial proceeding; and (2) has the same force and effect as the valid
13 original handwritten signature of that person.
14 C. The provisions of this section satisfy the requirements of Civil Code section
15 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
16 Part 2, Title 2.5, beginning with section 1633.1).
17 D. Each party using a digital signature represents that it has undertaken and
18 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs
19 (1) through (5), and agrees that each other party may rely upon that representation.
20 E. This Agreement is not conditioned upon the parties conducting the
21 transactions under it by electronic means and either party may sign this Agreement with an
22 original handwritten signature.
23 16. SUBCONSULTANTS
24 A. The CONSULTANT may retain, as subconsultants, specialists in such
25 engineering disciplines (including, but not limited to, structural, mechanical, transportation,
26 environmental, water resources, electrical, surveying and geotechnical) as the
27 CONSULTANT requires to assist in completing the work. The subconsultants listed in
28 Appendix H, attached hereto and incorporated herein, shall be considered as approved by
25
1 the CONTRACT ADMINISTRATOR. Any other subconsultants proposed for use by the
2 CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before
3 they are retained by the CONSULTANT, which approval shall not be unreasonably
4 withheld.
5 B. Should the CONSULTANT retain any subconsultants, the maximum amount o
6 compensation to be paid to the CONSULTANT under Article 5 shall not be increased. Any
7 additional compensation to be paid to the CONSULTANT for such subconsultants' work
8 shall be limited to administrative time as defined in the fee proposal. Additional fees other
9 than those defined in the fee proposal shall not be reimbursed.
10 C. CONSULTANT shall be as fully responsible to the COUNTY for the negligent
11 acts and omissions of its contractors and subcontractors or subconsultants, and of persons
12 either directly or indirectly employed by them, in the same manner as persons directly
13 employed by CONSULTANT.
14 D. Nothing contained in this Agreement shall create any contractual relationship
15 between the COUNTY and any of the CONSULTANT'S subconsultants, and no
16 subconsultant agreement shall relieve the CONSULTANT of any of its responsibilities and
17 obligations hereunder. The CONSULTANT agrees to be as fully responsible to the
18 COUNTY for the acts and omissions of its subconsultants and of persons either directly or
19 indirectly employed by any of them as it is for the acts and omissions of persons directly
20 employed by the CONSULTANT. The CONSULTANT'S obligation to pay its subconsultants
21 is a separate and independent obligation that is entirely unrelated to the COUNTY's
22 obligation to make payments to the CONSULTANT.
23 E. The CONSULTANT shall perform the work contemplated with resources
24 available within its own organization; and no portion of the work pertinent to this contract
25 shall be subcontracted without prior written authorization by the CONTRACT
26 ADMINISTRATOR, excepting only those portions of the work and the responsible
27 subconsultants that are expressly identified in Appendix H.
28 F. Any subcontract in excess of $25,000 entered into as a result of this
26
1 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to
2 subcontractors.
3 G. The CONSULTANT shall pay its subconsultants within fifteen (15) calendar
4 days from receipt of each progress payment made to the CONSULTANT by the COUNTY.
5 H. Any substitution of subconsultant(s) must be approved in writing by the
6 CONTRACT ADMINISTRATOR in advance of assigning work to a substitute
7 Subconsultant.
8 I. Prompt Progress Payment
9 The CONSULTANT or subconsultant shall pay to any subconsultant, not later than
10 fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in
11 writing, the respective amounts allowed CONSULTANT on account of the work performed
12 by the subconsultants, to the extent of each subconsultant's interest therein. In the event
13 that there is a good faith dispute over all or any portion of the amount due on a progress
14 payment from the CONSULTANT or subconsultant to a subconsultant, the CONSULTANT
15 or subconsultant may withhold no more than 150 percent of the disputed amount. Any
16 violation of this requirement shall constitute a cause for disciplinary action and shall subject
17 the licensee to a penalty, payable to the subconsultant, of two percent (2%) of the amount
18 due per month for every month that payment is not made.
19 In any action for the collection of funds wrongfully withheld, the prevailing party shall
20 be entitled to his or her attorney's fees and costs. The sanctions authorized under this
21 requirement shall be separate from, and in addition to, all other remedies, either civil,
22 administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
23 J. Prompt Payment of Withheld Funds to Subconsultants
24 The COUNTY may hold retainage from the CONSULTANT as provided in Article 5,
25 Section D.
26 1. If the COUNTY has elected to hold retainage for a PROJECT under
27 Article 5, Section D, the COUNTY shall hold retainage from the CONSULTANT and shall
28 make prompt and regular incremental acceptances of portions, as determined by the
27
1 COUNTY of the contract work and pay retainage to the CONSULTANT based on these
2 acceptances. The CONSULTANT or subconsultant shall return all monies withheld in
3 retention from all subconsultants within 15 days after receiving payment for work
4 satisfactorily completed and accepted including incremental acceptances of portions of the
5 contract work by the COUNTY. Any delay or postponement of payment may take place
6 only for good cause and with the COUNTY's prior written approval, in order to ensure
7 prompt and full payment of any retainage kept by the CONSULTANT or subconsultant to a
8 subconsultant.
9 Any violation of these provisions shall subject the violating CONSULTANT or
10 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of
11 the California Civil Code. This requirement shall not be construed to limit or impair any
12 contractual, administrative or judicial remedies otherwise available to the CONSULTANT or
13 subconsultant in the event of a dispute involving late payment or nonpayment by the
14 CONSULTANT, or deficient subconsultant performance and/or noncompliance by a
15 subconsultant. This clause applies to both DBE and non-DBE subconsultants.
16 2. If the COUNTY has elected not to hold retainage for a PROJECT under
17 Article 5, Section D, no retainage will be held by the COUNTY from progress payments due
18 to the CONSULTANT; and in such case, the CONSULTANT and its subconsultants are
19 prohibited from holding retainage from their subconsultants. Any delay or postponement of
20 payment may take place only for good cause and with the COUNTY'S prior written
21 approval.
22 Any violation of these provisions shall subject the violating CONSULTANT or
23 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of
24 the California Civil Code. This requirement shall not be construed to limit or impair any
25 contractual, administrative or judicial remedies, otherwise available to the CONSULTANT
26 or subconsultant in the event of a dispute involving late payment or nonpayment by the
27 CONSULTANT, or deficient subconsultant performance and/or noncompliance by a
28 subconsultant. This clause applies to both DBE and non-DBE subconsultants.
28
1
2 17. CONFLICT OF INTEREST
3 A. The CONSULTANT shall comply with the provisions of the Fresno County
4 Department of Public Works and Planning Conflict of Interest Code, attached hereto as
5 Appendix I and incorporated herein by this reference. Such compliance shall include the
6 filing of annual statements pursuant to the regulations of the State Fair Political Practices
7 Commission including, but not limited to, portions of Form 700.
8 B. During the term of this Agreement, the CONSULTANT shall disclose any
9 financial, business, or other relationship with the COUNTY that may have an impact upon
10 the outcome of this contract, or any ensuing COUNTY construction project. The
11 CONSULTANT shall also list current clients who may have a financial interest in the
12 outcome of this contract, or any ensuing COUNTY construction project, which will follow.
13 C. The CONSULTANT certifies that it has disclosed to the COUNTY any actual,
14 apparent, or potential conflicts of interest that may exist relative to the services to be
15 provided pursuant to this AGREEMENT. The CONSULTANT agrees to advise the
16 COUNTY of any actual, apparent or potential conflicts of interest that may develop
17 subsequent to the date of execution of this AGREEMENT. The CONSULTANT further
18 agrees to complete any statements of economic interest if required by either COUNTY
19 ordinance or State law.
20 D. The CONSULTANT hereby certifies that it does not now have nor shall it acquire
21 any financial or business interest that would conflict with the performance of services under
22 this AGREEMENT.
23 E. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant
24 and any firm affiliated with the CONSULTANT or subconsultant that bids on any
25 construction contract or on any Agreement to provide construction inspection for any
26 construction project resulting from this AGREEMENT, has established necessary controls
27 to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to
28 the control of the same persons, through joint ownership or otherwise.
29
1 F. The CONSULTANT and affiliated subconsultants shall not submit bids, or sub-
2 bids, for the contract construction phase of the PROJECT(S) assigned to the
3 CONSULTANT. The CONSULTANT and its subconsultants, and all other service providers,
4 shall not provide any PROJECT-related services for, or receive any PROJECT-related
5 compensation from any construction contractor, subcontractor or service provider awarded
6 a construction contract (hereinafter referred to as "contractor") for all or any portion of the
7 PROJECT(S) for which the CONSULTANT provides services hereunder. The
8 CONSULTANT and its subconsultants, and all other service providers, may provide
9 services for, and receive compensation from a contractor who has been awarded a
10 construction contract for all or any portion of the PROJECT(S), provided that any such
11 services which are rendered, and any compensation which is received therefor, relates to
12 work outside the scope of the AGREEMENT and does not pose a conflict of interest.
13 G. Except for subconsultants or subcontractors whose services are limited to
14 providing surveying or materials testing information, no subcontractor who has provided
15 design services in connection with this contract shall be eligible to bid on any construction
16 contract, or on any contract to provide construction inspection for any construction project
17 resulting from this contract; provided, however, that this shall not be construed as
18 disallowing subcontractors who have provided design services for the PROJECT from
19 performing, pursuant to this Agreement or other agreement with the COUNTY, construction
20 inspection services on behalf of the COUNTY for the PROJECT.
21 18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES
22 A. Definitions:
23 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
24 professional services, acting as a business entity (owner, partnership, corporation, joint
25 venture or other business association) in accordance with the terms of an agreement with
26 the COUNTY.
27 2. A "Claim" is a demand or assertion by one of the parties seeking, as a
28 matter of right, adjustment or interpretation of contract terms, payment of money, extension
30
1 of time, change orders, or other relief with respect to the terms of the contract. The term
2 "Claim" also includes other disputes and matters in question between the COUNTY and the
3 CONSULTANT arising out of or relating to the contract. Claims must be made by written
4 notice. The provisions of Government Code section 901, et seq., shall apply to every claim
5 made to the COUNTY. The responsibility to substantiate claims shall rest with the party
6 making the claim. The term "Claim" also includes any allegation of an error or omission by
7 the CONSULTANT.
8 B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the
9 following procedures are established in the event of any claim or dispute alleging a
10 negligent error, act, or omission, of the CONSULTANT.
11 1. Claims, disputes or other matters in question between the parties, arising
12 out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject
13 to the following procedures.
14 2. The COUNTY and the CONSULTANT shall meet and confer and attempt
15 to reach agreement on any dispute, including what damages have occurred, the measure
16 of damages and what proportion of damages, if any, shall be paid by either party. The
17 parties agree to consult and consider the use of mediation or other form of dispute
18 resolution prior to resorting to litigation.
19 3. If the COUNTY and the CONSULTANT cannot reach agreement under
20 Article 18, Section B, Paragraph 2, the disputed issues may, upon concurrence by all
21 parties, be submitted to a panel of three (3) for a recommended resolution. The
22 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the
23 third member shall be selected by the other two panel members. The discovery rights
24 provided by California Code of Civil Procedure for civil proceedings shall be available and
25 enforceable to resolve the disputed issues. Either party requesting this dispute resolution
26 process shall, when invoking the rights to this panel, give to the other party a notice
27 describing the claims, disputes and other matters in question. Prior to twenty (20) working
28 days before the initial meeting of the panel, both parties shall submit all documents such
31
1 party intends to rely upon to resolve such dispute. If it is determined by the panel that any
2 party has relied on such documentation but has failed to previously submit such
3 documentation on a timely basis to the other party, the other party shall be entitled to a 20-
4 working-day continuance of such initial meeting of the panel. The decision by the panel is
5 not a condition precedent to arbitration, mediation or litigation.
6 4. Upon receipt of the panel's recommended resolution of the disputed
7 issue(s), the COUNTY and the CONSULTANT shall again meet and confer and attempt to
8 reach agreement. If the parties still are unable to reach agreement, each party shall have
9 recourse to all appropriate legal and equitable remedies.
10 C. The procedures to be followed in the resolution of claims and disputes may be
11 modified any time by mutual agreement of the parties hereto.
12 D. The CONSULTANT shall continue to perform its obligations under this
13 Agreement pending resolution of any dispute, and the COUNTY shall continue to make
14 payments of all undisputed amounts due under this Agreement.
15 E. When a claim by either party has been made alleging the CONSULTANT'S
16 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and
17 confer within twenty-one (21) working days after the written notice of the claim has been
18 provided.
19 19. OWNERSHIP OF DATA
20 A. All documents, including preliminary documents, calculations, and survey data,
21 required in performing services under this Agreement shall be submitted to, and shall
22 remain at all times the property of the COUNTY regardless of whether they are in the
23 possession of the CONSULTANT or any other person, firm, corporation or agency.
24 B. The CONSULTANT understands and agrees the COUNTY shall retain full
25 ownership rights of the drawings and work product of the CONSULTANT for the PROJECT,
26 to the fullest extent permitted by law. In this regard, the CONSULTANT acknowledges and
27 agrees the CONSULTANT'S services are on behalf of the COUNTY and are "works made
28 for hire," as that term is defined in copyright law, by the COUNTY; that the drawings and
32
1 work product to be prepared by the CONSULTANT are for the sole and exclusive use of
2 the COUNTY, and that the COUNTY shall be the sole owner of all patents, copyrights,
3 trademarks, trade secrets and other rights and contractual interests in connection therewith
4 which are developed and compensated solely under this Agreement; that all the rights, title
5 and interest in and to the drawings and work product will be transferred to the COUNTY by
6 the CONSULTANT to the extent the CONSULTANT has an interest in and authority to
7 convey such rights; and the CONSULTANT will assist the COUNTY to obtain and enforce
8 patents, copyrights, trademarks, trade secrets, and other rights and contractual interests
9 relating to said drawings and work product, free and clear of any claim by the
10 CONSULTANT or anyone claiming any right through the CONSULTANT. The
11 CONSULTANT further acknowledges and agrees the COUNTY's ownership rights in such
12 drawings or work product, shall apply regardless of whether such drawings or work product,
13 or any copies thereof, are in possession of the CONSULTANT, or any other person, firm,
14 corporation, or entity. For purposes of this Agreement the terms "drawings and work
15 product" shall mean all reports and study findings commissioned to develop the PROJECT
16 design, drawings and schematic or preliminary design documents, certified reproducibles of
17 the original final construction contract drawings, specifications, the approved estimate,
18 record drawings, as-built plans, and discoveries, developments, designs, improvement,
19 inventions, formulas, processes, techniques, or specific know-how and data generated or
20 conceived or reduced to practice or learning by the CONSULTANT, either alone or jointly
21 with others, that result from the tasks assigned to the CONSULTANT by the COUNTY
22 under this Agreement.
23 C. If this Agreement is terminated during or at the completion of any phase under
24 Article 3, electronic and reproducible copies of report(s) or preliminary documents shall be
25 submitted by the CONSULTANT to the COUNTY, which may use them to complete the
26 PROJECT(S) at a future time.
27 D. If the PROJECT is terminated at the completion of a construction document
28 phase of the PROJECT, electronic and certified reproducibles on 4 mil thick double matte
33
1 film of the original final construction contract drawings, specifications, and approved
2 engineer's estimate shall be submitted by the CONSULTANT to the COUNTY.
3 E. Documents, including drawings and specifications, prepared by the
4 CONSULTANT pursuant to this Agreement are intended to be suitable for reuse by the
5 COUNTY or others on extensions of the services provided for PROJECT. Any use of
6 completed documents for projects other than PROJECT(S) and/or any use of uncompleted
7 documents will be at the COUNTY'S sole risk and without liability or legal exposure to the
8 CONSULTANT.
g The electronic files provided by the CONSULTANT to the COUNTY are submitted
10 for an acceptance period lasting until the expiration of this Agreement (i.e., throughout the
11 duration of the contract term, including any extensions). Any defects the COUNTY
12 discovers during such acceptance period will be reported to the CONSULTANT and will be
13 corrected as part of the CONSULTANT'S "Basic Scope of Work."
14 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising out
15 of, or connected with (1) the modification or misuse by the COUNTY or anyone authorized
16 by the COUNTY, of such CAD data, or (2) decline of accuracy or readability of CAD data
17 due to inappropriate storage conditions or duration; or (3) any use by the COUNTY, or
18 anyone authorized by the COUNTY, of such CAD data or other PROJECT documentation
19 for additions to the PROJECT for the completion of the PROJECT by others, or for other
20 projects; except to the extent that said use may be expressly authorized, in writing, by the
21 CONSULTANT.
22 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the
23 copyrighting of reports or other products. If copyrights are permitted, the CONSULTANT
24 hereby agrees and this Agreement shall be deemed to provide that the Federal Highway
25 Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce,
26 publish, or otherwise use, and to authorize others to use, the work for government
27 purposes.
28
34
1 20. CONSULTANT'S LEGAL AUTHORITY
2 The CONTRACTOR represents and warrants to the COUNTY that:.
3 A. The CONTRACTOR is duly authorized and empowered to sign and perform
4 its obligations under this Agreement; and
5 B. The individual signing this Agreement on behalf of the CONTRACTOR is duly
6 authorized to do so and his or her signature on this Agreement legally binds the
7 CONTRACTOR to the terms of this Agreement.
8 21. BINDING UPON SUCCESSORS
9 This Agreement shall be binding upon and inure to the benefit of the parties and
10 their respective successors in interest, assigns, legal representatives, and heirs.
11 22 SEVERABILITY
12 If any part of this Agreement is determined by a court of competent jurisdiction to be
13 unlawful or otherwise unenforceable, then this Agreement shall be construed as not
14 containing such provision, and all other provisions which are otherwise lawful shall remain
15 in full force and effect, and to this end the provisions of this Agreement are hereby declared
16 to be severable.
17 23. STATE PREVAILING WAGE RATES
18 A. No CONSULTANT or Subconsultant may be awarded an Agreement containing
19 public work elements unless registered with the Department of Industrial Relations (DIR)
20 pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the
21 entire term of this Agreement, including any subsequent amendments.
22 B. The CONSULTANT shall comply with all of the applicable provisions of the
23 California Labor Code requiring the payment of prevailing wages. The General Prevailing
24 Wage Rate Determinations applicable to work under this Agreement are available from the
25 Department of Industrial Relations website http://www.dir.ca.gov. These wage rates are
26 made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and
27 will be applicable to work performed at a construction project site. Prevailing wages will be
28
35
1 applicable to all inspection work performed at COUNTY construction sites, at COUNTY
2 facilities and at off-site locations that are set up by the construction contractor or one of its
3 subcontractors solely and specifically to serve COUNTY projects. Prevailing wage
4 requirements do not apply to inspection work performed at the facilities of vendors and
5 commercial materials suppliers that provide goods and services to the general public.
6 C. Payroll Records
7 1. Each CONSULTANT and Subconsultant shall keep accurate certified
8 payroll records and supporting documents as mandated by Labor Code §1776 and as
9 defined in 8 CCR §16000 showing the name, address, social security number, work
10 classification, straight time and overtime hours worked each day and week, and the actual
11 per diem wages paid to each journeyman, apprentice, worker, or other employee employed
12 by the CONSULTANT or Subconsultant in connection with the public work. Each payroll
13 record shall contain or be verified by a written declaration that it is made under penalty of
14 perjury, stating both of the following:
15 a. The information contained in the payroll record is true and correct.
16 b. The employer has complied with the requirements of Labor Code §1771,
17 §1811, and §1815 for any work performed by his or her employees on the public works
18 project.
19 2. The payroll records enumerated under paragraph (1) above shall be
20 certified as correct by the CONSULTANT under penalty of perjury. The payroll records and
21 all supporting documents shall be made available for inspection and copying by COUNTY
22 representatives at all reasonable hours at the principal office of the CONSULTANT. The
23 CONSULTANT shall provide copies of certified payrolls or permit inspection of its records
24 as follows:
25 a. A certified copy of an employee's payroll record shall be made
26 available for inspection or furnished to the employee or the employee's authorized
27 representative on request.
28 b. A certified copy of all payroll records enumerated in paragraph (1)
36
1 above, shall be made available for inspection or furnished upon request to a representative
2 of the COUNTY, the Division of Labor Standards Enforcement and the Division of
3 Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls
4 submitted to the COUNTY, the Division of Labor Standards Enforcement and the Division
5 of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
6 C. The public shall not be given access to certified payroll records by the
7 CONSULTANT. The CONSULTANT is required to forward any requests for certified
8 payrolls to the COUNTY Contract Administrator by both email and regular mail on the
g business day following receipt of the request.
10 3. Each CONSULTANT shall submit a certified copy of the records
11 enumerated in paragraph (1) above, to the entity that requested the records within ten (10)
12 calendar days after receipt of a written request.
13 4. Any copy of records made available for inspection as copies and
14 furnished upon request to the public or any public agency by the COUNTY shall be marked
15 or obliterated in such a manner as to prevent disclosure of each individual's name, address,
16 and social security number. The name and address of the CONSULTANT or Subconsultant
17 performing the work shall not be marked or obliterated.
18 5. The CONSULTANT shall inform the COUNTY of the location of the
19 records enumerated under paragraph (1) above, including the street address, city and
20 county, and shall, within five (5) working days, provide a notice of a change of location and
21 address.
22 6. The CONSULTANT or Subconsultant shall have ten (10) calendar
23 days in which to comply subsequent to receipt of written notice requesting the records
24 enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails
25 to comply within the ten (10) day period, he or she shall, as a penalty to the COUNTY,
26 forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each
27 worker, until strict compliance is effectuated. Such penalties shall be withheld by the
28 COUNTY from payments then due. The CONSULTANT is not subject to a penalty
37
1 assessment pursuant to this section due to the failure of a Subconsultant to comply with
2 this section.
3 D. When prevailing wage rates apply, the CONSULTANT is responsible for
4 verifying compliance with certified payroll requirements. Invoice payment will not be made
5 until the invoice is approved by the COUNTY Contract Administrator.
6 E. Penalty
7 1. The CONSULTANT and any of its Subconsultants shall comply with
8 Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any
9 Subconsultant shall forfeit to the COUNTY a penalty of not more than two hundred dollars
10 ($200) for each calendar day, or portion thereof, for each worker paid less than the
11 prevailing rates as determined by the Director of DIR for the work or craft in which the
12 worker is employed for any public work done under the Agreement by the CONSULTANT
13 or by its Subconsultant in violation of the requirements of the Labor Code and in particular,
14 Labor Code §§1770 to 1780, inclusive.
15 2. The amount of this forfeiture shall be determined by the Labor
16 Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of
17 the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, o
18 the previous record of the CONSULTANT or Subconsultant in meeting their respective
19 prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to
20 pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to
21 pay the correct rates of prevailing wages is not excusable if the CONSULTANT or
22 Subconsultant had knowledge of the obligations under the Labor Code. The
23 CONSULTANT is responsible for paying the appropriate rate, including any escalations that
24 take place during the term of the Agreement.
25 3. In addition to the penalty and pursuant to Labor Code §1775, the difference
26 between the prevailing wage rates and the amount paid to each worker for each calendar
27 day or portion thereof for which each worker was paid less than the prevailing wage rate
28 shall be paid to each worker by the CONSULTANT or Subconsultant.
38
1 4. If a worker employed by a Subconsultant on a public works project is
2 not paid the general prevailing per diem wages by the Subconsultant, the prime
3 CONSULTANT of the project is not liable for the penalties described above unless the
4 prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the
5 specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails
6 to comply with all of the following requirements:
7 a. The Agreement executed between the CONSULTANT and the
8 Subconsultant for the performance of work on public works projects shall include a copy of
9 the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
10 b. The CONSULTANT shall monitor the payment of the specified general
11 prevailing rate of per diem wages by the Subconsultant to the employees by periodic
12 review of the certified payroll records of the Subconsultant.
13 C. Upon becoming aware of the Subconsultant's failure to pay the
14 specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall
15 diligently take corrective action to halt or rectify the failure, including but not limited to,
16 retaining sufficient funds due the Subconsultant for work performed on the public works
17 project.
18 d. Prior to making final payment to the Subconsultant for work performed
19 on the public works project, the CONSULTANT shall obtain an affidavit signed under
20 penalty of perjury from the Subconsultant that the Subconsultant had paid the specified
21 general prevailing rate of per diem wages to the Subconsultant's employees on the public
22 works project and any amounts due pursuant to Labor Code §1813.
23 5. Pursuant to Labor Code §1775, the COUNTY shall notify the
24 CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a
25 complaint that a Subconsultant has failed to pay workers the general prevailing rate of per
26 diem wages.
27 6. If the COUNTY determines that employees of a Subconsultant were
28 not paid the general prevailing rate of per diem wages and if the COUNTY did not retain
39
1 sufficient money under the Agreement to pay those employees the balance of wages owed
2 under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an
3 amount of moneys due the Subconsultant sufficient to pay those employees the general
4 prevailing rate of per diem wages if requested by the COUNTY.
5 F. Hours of Labor
6 Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit,
7 as a penalty to the COUNTY, twenty-five dollars ($25) for each worker employed in the
8 execution of the Agreement by the CONSULTANT or any of its Subconsultants for each
9 calendar day during which such worker is required or permitted to work more than eight (8)
10 hours in any one calendar day and forty (40) hours in any one calendar week in violation of
11 the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive,
12 except that work performed by employees in excess of eight (8) hours per day, and forty
13 (40) hours during any one week, shall be permitted upon compensation for all hours
14 worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less
15 than one and one half (1.5) times the basic rate of pay, as provided in §1815.
16 G. Employment of Apprentices
17 1. Where either the prime Agreement or the subconsultant agreement
18 exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants
19 under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5,
20 1777.6 and 1777.7 in the employment of apprentices.
21 2. CONSULTANT and all subconsultants are required to comply with all
22 Labor Code requirements regarding the employment of apprentices, including mandatory
23 ratios of journey level to apprentice workers. Prior to commencement of work, the
24 CONSULTANT and subconsultants are advised to contact the DIR Division of
25 Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information
26 regarding the employment of apprentices and for the specific journey-to-apprentice ratios
27 for the Agreement work. The CONSULTANT is responsible for all subconsultants'
28 compliance with these requirements. Penalties are specified in Labor Code §1777.7.
40
1 Articles 24-39 Not used
2 40. ENTIRE AGREEMENT
3 This Agreement constitutes the entire agreement between the CONSULTANT and
4 COUNTY with respect to the subject matter hereof and supersedes all previous
5 negotiations, proposals, commitments, writings, advertisements, publications, and
6 understandings of any nature whatsoever unless expressly included in this Agreement. In
7 the event of any inconsistency in interpreting the documents which constitute this
8 Agreement, the inconsistency shall be resolved by giving precedence in the following order
9 of priority: (1) the text of this Agreement (2) the COUNTY'S Request for Qualification "On-
to Call A&E, Staff Augmentation and Related Services"; and (3) the CONSULTANT's
11 Statement of Qualification made in response to COUNTY'S Request for Qualification. In
12 consideration of promises, covenants and conditions contained in this Agreement, the
13 CONSULTANT and the COUNTY, and each of them, do hereby agree to diligently perform
14 in accordance with the terms and conditions of this Agreement, as evidenced by the
15 signatures below.
16
17
18
19
20
21
22
23
24
25
26
27
28
41
1 41. SIGNATURES
2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
3 set forth above.
4
5 CONTRA, R COUNTY OF FRESNO
Digitally signed by Steve White
6 Steve White 07002022.06.1314:08:42
.,(Authoriz d Signature) Steven White, Director
7 Department of Public Works and
g��� p Planning
8 �csw�eswt•-rvc-�SecJ�PMT
Print Name &Title
9
10 Vanir Construction Management, Inc.
4540 Duckhorn Drive, Suite 300,
11 Sacramento, CA 95834
12
13 APPROVED AS TO LEGAL FQRM
Daniel C. Cederborg, Coun y Cbuhlsel
14 d
15 By. ar
16
17 APPROVED AS TO ACCOUNTING
FORM 18
Oscar J. Garcia, CPA,
Auditor-Controller/Treasurer-
19 Tax Collector
20
By: �; `UX
21 L,
22 �f
23 FOR ACCOUNTING USE ONLY:
Fund: 0001 10010 /0400 1 0700 /0701 / 0710 1 0720/0801
24
Subclass: 10000 / 11000/ 15000/ 15001 / 16900 / 10052 /10053 ! 10061 ( 10063 / 10065
25 10067
26 Org: 4360/4365/45104511 /45104512/45104513/45104514/7205/7910/8852 18853
/ 8861 /8863/8865/8867/9015/9020 i 9026 / 9028/9140
27
Account: 7295
28
42
Appendix A — List of All Consultants and Project Managers
A&M Consulting Engineers Bedrock Engineering, Inc.
220 North Locust Street, Visalia, CA PO Box 25783, Fresno, CA 93729
93291
Project Manager: Michael Hartley
Project Manager: Orfil Muniz
(559) 645-4849 x303
(559) 429-4747 mike@bedrockeng.com
orfil@am-engr.com
Blair, Church & Flynn Consulting
Applied EarthWorks Engineers
1391 Shaw Ave., Suite C Suite 201, 451 Clovis Ave. Suite 200, Clovis, CA
Fresno, CA 93711 93611
Project Manager: Erin Enright Project Manager: Jeffrey Brians
(805) 594-1590 x316 (559) 326-1400
eenright@appliedearthworks.com jbrians@bcf-engr.com
Area West Environmental, Inc. Blue Ridge Services Montana, Inc.
6248 Main Avenue, Suite C, 601 Kelly Ridge Road, Victor, MT 59875
Orangevale, CA 95662
Project Manager: Jason Todaro
Project Manager: Becky Rozumowicz-
Kodsuntie 6685 Morro Road, Atascadero, CA
93422
(916) 987-3362 (805) 461-6850
becky@areawest.net jason@blueridgeservices.com
Avila & Associates Borrelli And Associates, Inc
1300 Galaxy Way, Suite 12, Concord, 2032 N. Gateway Blvd., Fresno, CA
CA 94520 93727
Project Manager: Catherine Avila Project Manager: John Borrelli
(925) 672-0549 (559) 285-6086
cavila@avilaassociates.com johnb@borrelliengineering.com
1 of 7
BSK Associates Dewberry Engineers, Inc.
550 W Locust Avenue, Fresno, CA 575 East Locust Avenue, Suite 204,
93650 Fresno, CA 93720
Project Manager: Michael Collins Project Manager: Mike Pugh
(559) 497-2880 x182 (916) 420-1985
mcollins@bskassociates.com mpugh@dewberry.com
Civil & Environmental Consultants, Electrical Power Systems, Inc
Inc. 2187 Herndon Avenue, #102, Clovis,
333 Baldwin Road, Pittsburgh, PA CA 93611
15205
Project Manager: Joseph P. Prevendar
Project Manager: Darrell Thompson
(559) 221-7230
2356 Mountain View Ave, Sacramento, joe@epsfresno.com
CA 95670
(760) 977-8106
dthompson@cecinc.com Geo-Logic Associates
2777 East Guasti Rd. Suite 1, Ontario,
Cogstone Resource Management, CA 91761
Inc. (DBA: Cogstone) Project Manager: Jake Russell
1518 W. Taft Ave., Orange, CA 92865 143E Spring Hill Drive, Grass Valley, CA
Project Manager: Molly Valasik 95945
(530) 272-2448
(714) 974-8300 jrussell@geo-logic.com
mvalasik@cogstone.com
Ghirardelli Associates, Inc.
Cornerstone Structural Engineering
Group, Inc. 2990 Lava Ridge Ct. Suite 120,
Roseville, CA 95661
986 W Alluvial Ave Ste. 201, Fresno, CA
93711 Project Manager: Hugo Mejia
Project Manager: Mark Weaver (559) 250-9682
hmejia@ghirardelliassoc.com
(559) 320-3200
mweaver@cseg.com
2of7
Golder Associates USA Inc. / WSP Kleinfelder, Inc.
USA Inc.
3731 W. Ashcroft Avenue, Fresno, CA
1000 Enterprise Way, Suite 190, 93722
Roseville, CA, 95678
Project Manager: Stephen Plauson
Project Manager: Jeff Dobrowolski
(559) 577-1449
(949) 396-5737 splauson@kleinfelder.com
jdobrowolski@golder.com
Krazan & Associates, Inc.
Huber & Huber ARCHITECTS 215 W Dakota Ave, Clovis, CA 93612
10796 N. Tea Party Lane, Fresno, CA
93730-5920 Project Manager: David R. Jarosz
Project Manager: Ann Huber (559) 348-2200
DaveJ@krazan.com
(559) 470-7721
ann@hharchitects.net Lawrence Engineering Group
JLB Traffic Engineering, Inc. 7084 North Maple Avenue, Suite 101,
Fresno, CA 93720
516 W Shaw Ave, Ste. 103, Fresno, CA
93704 Project Manager: Ryan Carlson
Project Manager: Jose Luis Benavides (559) 431-0101 x103
ryan@legfresno.com
(559) 570-8991
jenavides@jlbtraffic.com Live Oak Associates, Inc.
Kitchell 39930 Sierra Way, Suite B, Oakhurst,
CA 93644
2344 Tulare Street, Suite 102 Fresno, Project Manager: Austin Pearson
CA 93721
Project Manager: Rick Barton (559) 760-3065
apearson@loainc.com
(559) 936-2360
rbarton@kitchell.com
3 of 7
LSA Associates, Inc. (doing business Montrose Environmental Solutions,
as LSA) Inc.
2565 Alluvial Avenue, Suite 172, Clovis, 1801 7th Street Suite 100, Sacramento,
CA 93611 CA 95811
Project Manager: Amanda Durgen Project Manager: Kt Alonzo
1504 Eureka Road, Suite 310, (916) 447-3479 x15817
Roseville, CA 95661 kalonzo@montrose-env.com
(916) 905-3937
Amanda.Durgen@lsa.net
NV5, Inc.
Mark Thomas 2109 West Bullard Avenue, Suite 145,
Fresno, CA 93711
7571 North Remington Avenue, Suite
102, Fresno, CA 93711 Project Manager: Kevin Reisz
Project Manager: Ed Noriega (559) 417-1008
kevin.reisz@nv5.com
(559) 374-3111
enoriega@markthomas.com
OCMI, Inc.
Michael Baker International 1300 Clay Street, Suite 900 Oakland,
CA 94612
500 Ygnacio Valley Road, Suite 300,
Walnut Creek, CA 94596 Project Manager: Conor Clarke
Project Manager: Nabaz Saieed (925) 426-1578
conor.clarke@ocmi.com
(510) 879-0977
nabaz.saieed@mbakerintl.com
O'Dell Engineering
MKN & Associates 7045 N Chestnut Avenue, Suite 103,
Fresno, CA 93720
8405 N. Fresno Street, Suite 120,
Fresno, CA 93720 Project Manager: Dylan Crawford
Project Manager: Henry Liang (209) 497-4065
dcrawford@odellengineering.com
(559) 500-4750 x1102
hliang@mknassociates.us
4of7
PARIKH Consultants, Inc. Robina Wright Architect and
1497 N Milpitas Boulevard, Milpitas, CA
Associates Inc.
95035 4025 N Fresno Ste, 107, Fresno, CA
Project Manager: David Wang
93726
(408) 690-8839 Project Manager: Robina Wright
DWang@parikhnet.com (559) 307-7232
robina@robinawrightarchitect.com
Peters Engineering Group
862 Pollasky Ave, Clovis, CA 93612 Stantec Consulting Services, Inc.
6780 North West Ave., Suite 103,
Project Manager: David Peters Fresno, CA 93711
(559) 299-1544 x111 Project Manager: Ralph Carson
dpeters@peters-engineering.com
(559) 904-1344
Provost & Pritchard Consulting ralph.carson@stantec.com
Group
455 W Fir Avenue, Clovis, CA 93711 Stearns, Conrad and Schmidt,Consulting Engineers, Inc.
Project Manager: Matthew W. Kemp
3900 Kilroy Airport Way, Suite 100,
(559) 449-2700 Long Beach, CA 90806
mkemp@ppeng.com
Project Manager: Pat Sullivan
Quad Knopf. Inc. (dba QK) 3117 Fite Circle, Suite 108,
Sacramento, CA 95827
601 Pollasky Avenue, Suite 301, Clovis, (916) 503-2956
CA 93612 psullivan@scsengineers.com
Project Manager: Ernie Escobedo
SWCA, Incorporated dba SWCA
(559) 449-2400 Environmental Consultants
Ernie.Esobedo@gkinc.com
1422 Monterey Street, Suite C200, San
Quincy Engineering Luis Obispo, CA 93401
11017 Cobblerock Dr., Suite 100 Project Manager: Bill Henry
1422 Monterey Street, Suite B-C200,
Project Manager: Mark Reno San Luis Obispo, CA 93401
(916) 368-9181 (805) 903-1193
markr@quincyeng.com bhenry@swca.com
5 of 7
SWT Engineering, Inc TRC Engineers, Inc.
800 S Rochester Ave., STE C, Ontario, 575 E. Locust Avenue, Suite 105,
CA 91761 Fresno, CA 93720
Project Manager: Michael A, Cullinane Project Manager: Robin Yates
(909) 390-1328 (559) 304-1240
mac@swteng.com RYates@trccompanies.com
T2 UES, Inc. d/b/a T2 Utility Triple HS, INc. dba H. T. Harvey &
Engineers Associates
5622 Research Drive, Huntington 8080 N. Palm Avenue, Suite 205,
Beach, CA 92649 Fresno, CA 93711
Project Manager: Glen Robison Project Manager: Amy Sparks
(714) 487-5783 (510) 225-5109
glen.robison@t2ue.com asparks@harveyecology.com
Temple Andersen Moore Architects Vanir Construction Management, Inc.
6781 N. Palm Avenue, Suite 120, 2444 Main Street, Suite 130, Fresno,
Fresno, CA 93704 CA 93721
Project Manager: Jared Ramirez Project Manager: Scott Murphy
(559) 435-4750 (559) 801-1569
jramirez@tamarchitects.com scott.murphy@vanir.com
Tetra Tech BAS, Inc. Willbanks Environmental Consulting,
21700 Copley Drive, Suite 200,
Inc
Diamond Bar, CA 91765 8413 N Millbrook Ave Suite 110, Fresno,
Project Manager: Caleb Moore CA 93720
(909) 655-3256 Project Manager: Noelle Willbanks
caleb.moore@tetratech.com (559) 797-4181
Noelle@wecenvironmental.com
6of7
Wood Wiley and Jebian
4685 N Cedar Ave. Suite B, Fresno, CA
93726
Project Manager: Anthony Jebian
(559) 225-3633
tjebian@wwjeng.com
7 of 7
Consultant's Scope of Services — Appendix B
Consultant Eligible Services Form
Consultant Firm: Vanir Construction Management
CONSULTANT is approved for these services:
Staff Federally
Discipline On-Call Funded
Augmentation projects
Archaeology /Architectural History/
Paleontology
Architectural Drafting and Design
Assessment Engineering
Biology
Building Commissioning (LEED) X X
Building Plan Checking
Certified Access Specialist (CASP)
Certification
Civil Engineering
Construction Management X X
Cost Estimating X X
Electrical Engineering
Encroachment Permit Inspections
Environmental Planning Services
Geotechnical Engineering
Grant Writing
Hydraulic Engineering
Industrial Hygiene, Hazardous Material,
Lead and Asbestos Compliance
Land Use / Planning
Landscaping Architecture
Materials Testing
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Staff Federally
Discipline On-Call Funded
Augmentation projects
Pavement Management
Permit Technicians
Plumbing and Mechanical Engineering
Solid Waste Engineering
Structural Engineering
Surveying
Traffic and Transportation Engineering
Utility Locating
Water Resource Operators
Water Resources Engineering
CONSULTANT is responsible for all services listed within this scope document for the
discipline(s), funding sources and category of service (on-call and/or on-call staff
augmentation) which they have been indicated above as well as services listed across
discipline.
2of11
Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Table of Contents
Consultant Eligible Services Form .............................................................................. 1
Tableof Contents............................................................................................................ 3
Descriptions of Work by Discipline ..................................................................................4
Building Commissioning (LEED)..................................................................................4
ConstructionManagement...........................................................................................4
CostEstimating............................................................................................................4
On-Call Services ............................................................................................................. 5
TechnicalReports........................................................................................................ 5
Preparation of Various Reports and Studies................................................................ 5
Construction Observation ............................................................................................ 6
Staff Augmentation On-Call Services.............................................................................. 9
All Staff Augmentation Services................................................................................... 9
EngineeringSupport.................................................................................................. 11
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Descriptions of Work by Discipline
Building Commissioning (LEED)
Commissioning services during Pre-Construction Phase, Construction Phase, and Post
Construction Phase, in accordance with the principles of Leadership in Energy and
Environmental Design (LEED), to include but not be limited to:
a. Development of Commissioning Plan with design team and user group
b. Regular meetings as needed with design team and contractors
c. Submittal Review for related systems
d. Design Review Forms
e. Site Observation Reports
f. Issue Logs
g. Pre-functional Testing
h. Start-up reports
i. Final Commissioning report and Systems manual
Construction Management
1. Jobsite inspections/evaluations
2. Construction logs for RFIs, ASIs, Change Orders, Submittals, Pay Apps, etc.
3. Coordination of inspections and County provided trades (low voltage, FF&E, etc.)
with Contractor
4. Regular meetings as needed with architect, contractor, user-group, etc.
5. Responsible for collecting and distributing closeout documents (as-built drawings
and specs, signed off inspection cards, OMMs, Warranties, etc.)
Cost Estimating
1. Construction cost estimates for apartment complexes
2. Construction Cost estimating at Schematic, Design Development, and/or
Construction Documents
3. Recommendations for value engineering
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
On-Call Services
Technical Reports
Applies to all disciplines
Description of Work
Prepare a detailed preliminary engineering report for the project in Department format.
The report shall contain all necessary information in sufficient detail to propose the
project design.
Requirements of Specified Services
1. Ascertain the requirements for Technical Reports through meetings with the
PROJECT ADMINISTRATOR and a review of existing information on the PROJECT(S).
2. The CONSULTANT shall prepare and submit technical reports to the PROJECT
ADMINISTRATOR for each assigned PROJECT. Technical reports shall be prepared in
accordance with the appropriate format required by local, state and federal laws,
regulations and guidelines.
3. When requested by the PROJECT ADMINISTRATOR, the CONSULTANT shall
attend meetings with the COUNTY, federal, state and/or local representatives to discuss
and review the technical report. The CONSULTANT shall prepare brief minutes of
meetings attended and promptly submit the minutes to the PROJECT
ADMINISTRATOR within seven (7) days.
4. The CONSULTANT shall submit each technical report to the PROJECT
ADMINISTRATOR for transmittal to other appropriate agencies for their review and
approval. The CONSULTANT shall revise and resubmit each technical report as
necessary until approved by all appropriate agencies.
5. The CONSULTANT shall prepare and submit technical studies and estimates in the
formats, quantities, and delivery methods delineated in Appendix C. The CONSULTANT
shall verify compatible format and quantity prior to final delivery.
Preparation of Various Reports and Studies
Applies to all disciplines
Description of Work
1. Analyze project budget;
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
2. Review existing engineering reports from the Department as available;
3. Prepare a detailed project cost estimate, which shall identify the
components and requirements of the project; and
4. Prepare a detailed report or study in Department format.
Construction Observation
Applies to the following disciplines:
Architectural Design and Drafting Building Commissioning
Certified Access Specialist (CASP) Civil Engineering
Certification
Construction Management Construction Quality Assurance
Cost Estimating Electrical Engineering
Geotechnical Engineering Hydraulics
Industrial Hygiene Land Use / Planning
Landscape Architecture Plumbing and Mechanical Engineering
Solid Waste (Landfill) Structural Engineering
Traffic Engineering Water Resources
General Description of Work
1. Attend the pre-construction conference scheduled by the Department; and
2. Provide services during construction including, but not limited to:
a. Make recommendations to the Department on all claims of the
Department or construction contractor and all other matters relating to the execution
and progress of work, including interpretation of the Agreement documents
b. Review and make recommendations for samples, schedules, shop
drawings and other submissions for general conformance with the design concept of the
project and for general compliance with the plans and specifications and information
given by the consultant's contract documents
c. Respond timely to requests from the Department and contractor for
information needed from consultant in order to clarify construction plans and
specification to review the contractor's estimates for all other charges
d. Recommend and prepare necessary change orders and associated
engineer's estimate
e. Assist the Department, at the Department's express, written authorization,
with any claim resolution process involving the Department's construction contractor
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
and the Department, including serving as a witness in connection with any legal
proceedings or dispute resolution processes required by law
Requirements of Specified Services When Requested
The CONSULTANT shall:
1. When requested by the PROJECT ADMINISTRATOR, attend meetings
with the COUNTY, and/or any federal, state and/or local representatives. The
CONSULTANT shall prepare brief minutes of all meetings attended and promptly
submit those minutes to the PROJECT ADMINISTRATOR within seven (7) calendar
days.
2. Make recommendations to the COUNTY on all claims of the COUNTY or
the construction contractor and all other matters relating to the execution and progress
of work, including interpretation of the contract documents for the PROJECT.
3. Within seven (7) calendar days of the COUNTY'S request, review and
make recommendations for samples, schedules, shop drawings, and other submissions
for general conformance with the design concept of the PROJECT(S) and for general
compliance with the plans and specifications and information provided by the contract
documents for the PROJECT.
4. Within two (2) working days, respond to requests from the PROJECT
ADMINISTRATOR for information needed from the CONSULTANT in order to clarify
construction plans and specifications and to review the construction contractor's cost
estimates for all change orders.
5. Recommend and assist in the preparation of such change orders as
deemed necessary with supporting documentation, calculations and estimate, for review
and issuance of change orders by the COUNTY Construction Engineer to obtain
appropriate agency acceptance and approval.
6. At intervals appropriate to the stage of construction, or as otherwise
deemed necessary by the CONSULTANT, visit the site of the PROJECT(S) as
necessary to become familiar generally with the progress and quality of the work and to
determine whether the work is proceeding in general accordance with the contract
documents. The CONSULTANT shall not be required to make exhaustive or continuous
onsite inspections but shall give direction to the Construction Inspector as hereinafter
more specifically provided. The CONSULTANT shall not be responsible for the
construction contractor's failure to carry out the construction work in accordance with
the contract documents. However, the CONSULTANT shall immediately advise the
PROJECT ADMINISTRATOR of any known or observed deviation from the contract
documents.
7. Not have control over or charge of, and shall not be responsible for
construction means, methods, techniques, sequence, or procedure, or for the safety
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
precautions, programs, or equipment in use in connection with the work, since these are
solely the construction contractor's responsibility under the contract for construction.
8. Submit progress reports on each specific PROJECT in accordance with
the task order. These reports shall be submitted at least once a month. The report shall
be sufficiently detailed for PROJECT ADMINISTRATOR to determine if the
CONSULTANT is performing to expectations or is on schedule, to provide
communication of interim findings, and so sufficiently address any difficulties or special
problems encountered so remedies can be developed.
9. Advise the PROJECT ADMINISTRATOR of defects and deficiencies
observed in the work of the construction contractor and may recommend that the
DIRECTOR reject work as failing to conform to the contract documents.
10. Conduct site visits and field observations to facilitate recommendations by
the CONSULTANT regarding:
a. dates of substantial completion
b. dates of final completion
c. the DIRECTOR'S acceptance of the work
d. the DIRECTOR'S filing of the Notice of Completion and Issuance of Final
Certificate for payment
e. other issues which may require site visits
11. Control of Construction Project Site
The COUNTY agrees that in accordance with generally accepted practices, the
COUNTY'S construction contractor will be required to assume sole and complete
responsibility for job site conditions during the course of construction projects; including
safety of all persons and property, and that this requirement shall be made to apply
continuously during projects and not be limited to normal working hours. The
CONSULTANT shall not have control over or charge of, and shall not be responsible
for, project means, methods, techniques, sequences or procedures, as these are solely
the responsibility of the construction contractor. The CONSULTANT shall not have the
authority to stop or reject the work of the construction contractor.
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Staff Augmentation On-Call Services
All Staff Augmentation Services
Applies to all disciplines
Requirements of Specified Services
The Department's Project Administrator may interview the Consultant's personnel to
confirm the requisite qualifications and experience for the Project or Task Order services.
The decision of the Department's Project Administrator to select the Consultant's
personnel shall be binding upon the Consultant and its Subconsultants. The Consultant
shall provide adequate qualified personnel to be interviewed by the Department's Project
Administrator within one (1) week of receiving the request.
The Department's Project Administrator shall evaluate the adequacy (quality and
quantity) of the work performed by the Consultant's personnel and determine whether the
deliverables satisfy the acceptance tests and criteria. Any Consultant personnel may be
rejected if it is determined that they lack the minimum qualifications. If at any time the
level of performance is below expectations, the Department's Project Administrator may
direct the Consultant to immediately remove Consultant personnel from the project
specified in a Task Order and request that another qualified person be assigned as
needed. The substitute personnel shall meet the qualifications required by this Agreement
for performance of the work as demonstrated by a resume and copies of current
certifications submitted by the Consultant. Substitute personnel shall receive prior written
approval from Department's Project Administrator. Invoices with charges for personnel
not pre-approved by the Department's Project Administrator for work on the Agreement
and for each Task Order shall not be reimbursed.
The Consultant shall not remove or replace any existing personnel assigned to Task
Orders without the prior written consent of the Department's Project Administrator. The
removal or replacement of personnel without the written approval from the Department's
Project Administrator shall be violation of the Agreement and may result in termination of
the Agreement.
When assigned consultant personnel is on approved leave and required by the
Department's Project Administrator, the Consultant Project Manager shall provide a
substitute employee until the assigned employee returns to work from the approved leave.
The substitute personnel shall have the same job classification, as set forth herein or in
the Consultant's Cost Proposal, not exceed the billing rate and meet or exceed the
qualifications and experience level of the previously assigned personnel, at no additional
cost to the Department. Substitute personnel shall receive prior written approval from the
Department's Contract Administrator to work on this Agreement.
The Consultant is responsible to provide fully trained personnel to efficiently perform the
work. The Consultant's personnel may be asked to attend certain special training if
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
recommended by the Department's Project Administrator. On such occasions, with the
approval of the Department's Project Administrator, the Department shall compensate the
Consultant for the Consultant's actual cost for time spent in training only. All other costs,
fees, and expenses associated with the training, including any transportation costs and
training fees, shall be the Consultant's responsibility. In addition, services to train the
Department's personnel shall not be provided by the Consultant under this Agreement.
In location(s) where the Consultant personnel is expected to work for extended period(s)
of time, the Consultant shall either relocate the personnel or make every effort to hire
local persons.
In addition to other specified responsibilities, the Consultant Contract Manager shall be
responsible for all matters related to the Consultant's personnel, Subconsultants, and
Consultant's and Sub-Consultants' operations including, but not limited to, the following:
1. Ensuring that deliverables are clearly defined, and that criteria are specific,
measurable, attainable, realistic and time-bound; and that the deliverables
satisfy the criteria.
2. Supervising, reviewing, monitoring, training, and directing the Consultant's and
Subconsultants' personnel.
3. Managing Subconsultants.
4. Assigning qualified personnel to complete the required Task Order work as
specified on an "as-needed" basis in coordination with the Department's
Contract Administrator.
5. Administering personnel actions for Consultant personnel and ensuring
appropriate actions taken for Subconsultant personnel.
6. Maintaining and submitting organized project files for record tracking and
auditing.
7. Developing, organizing, facilitating, and attending scheduled coordination
meetings, and preparation and distribution of meeting minutes.
8. Implementing and maintaining quality control procedures to manage conflicts,
ensure product accuracy, and identify critical reviews and milestones.
9. Assuring that all applicable safety measures are in place.
10. Providing invoices in a timely manner and providing monthly Agreement
expenditures.
11. Reviewing invoices for accuracy and completion before billing to the
Department.
12. Managing overall budget for Agreement and provide report to the Department's
Contract Administrator.
13. Ensuring compliance with the provisions in this Agreement and all specific
Task Order requirements.
14. Monitor the health and safety of personnel working in a hazardous environment
in accordance with all applicable Federal, State, and Local regulations.
15. Knowledge, experience, and familiarity with prevailing wage issues and
requirements in State of California, if applicable.
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Appendix B — Consultant's Scope of Services
On-Call Architectural and Engineering Consultant and Related Services
Engineering Support
Applies to all disciplines
Description of Work
1. Provide technical data for the preparation of various funding paperwork
2. Provide technical data for the preparation of various permit applications
3. Provide technical data for the preparation of cooperative agreements
4. Provide technical data for the preparation of utility agreements
5. Prepare and stamp legal descriptions for the acquisition of right of way
6. Conduct meetings with property owners regarding projects
7. Review of existing designs for compliance with development plans
8. Provide presentation materials for the Board of Supervisors to be
presented by COUNTY staff
9. Prepare various tables, maps, charts and diagrams
10. Provide technical support for request for proposal processes
11. Serve as a plan checker and independent quantity checker
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Appendix C
County of Fresno On-Call Architectural&Engineering Consultant Services
b. Firm Principal
Jerry Avalos,CCM, LEED AP, EIT
Principal/Vice President
Summary of Qualifications
Jerry has over 25 years of experience in the construction industry and he has served in
e ; varying capacities for a number of large construction projects. He is knowledgeable in
preparing management strategies for planning and scheduling,organization,contracts
EDUCATION and specifications,construction inspection,construction safety,estimating,as well as
Bachelor of Science,Civil equipment and methods. He is an expert in the design of concrete and steel construction
Engineering,California and has a keen geotechnical understanding.Jerry has led the charge of many projects
Polytechnic State University, facing the challenge of maintaining existing facilities and operations throughout
San Luis Obispo construction. He is skilled in administering A/E and general contractor agreements, in
Electrical Airman Apprentice addition to resolving conflicts and disputes through proactive management techniques.
Program,U.S.Navy He possesses a strong ability to deliver on time and within budget under complex, political
PROFESSIONAL LICENSE environments.
Engineer in Training(EIT)
Project Experience
CERTIFICATIONS
CMAA,Certified Construction City of Clovis,Fire Station No.6,Clovis,CA.Project Director,$4.5 million, Design-Bid-
Manager(CCM) Build.Vanir is providing project and construction management services for the new Clovis
USGBC Leadership in Energy Fire Station No.6 Project.The fire station includes Spanish style architecture,three bay
and Environmental Design apparatus room,office,five sleeping quarters,kitchen, lounge,workout room, maintenance
(LEED)Accredited Professional room and associated restrooms.Work also includes a new 150-foot communication tower
(AP) and pedestrian paths leading to the city parkway and new Loma Vista development.Vanir
ACI Certified Concrete Field will provide design estimates and a constructability review,assist the City of Clovis with bid
Testing Technician participation and bid/award,and manage and inspect the construction of the fire station.
AFFILIATIONS Cityof Selma,New Rockwell Park,Selma,CA.Senior Program Manager, $11.3 million,28
Construction Management g g
Association of America Acres,State-Funded, Design-Bid-Build.Vanir is providing full project management services
(CMAA) for the new Rockwell Pond Park which is being funded through the California State Parks
Lean Construction Institute Proposition 68 grant.The 28-acre park's amenities will consist of, but is not limited to:
(LCI) youth soccer and football lighted practice space,two lighted basketball courts and water
United States Green Building play park,ADA compliant playground equipment, picnic shelters,walking/jogging trails,
Council(USGBC) restrooms and parking.
California State University, City of Visalia,Energy Efficiency Measures Retrofit,Visalia,CA.Project Director, $3.5
Fresno Instructor, million, Design-Bid-Build. Provided construction management services,with an emphasis
Construction Management
Professional Development on inspection and commissioning of work performed by a general contractor performing
energy-efficiency measure on 19 city-owned facilities.
VANIR 8
County of Fresno I On-Call Architectural&Engineering Consultant Services
c. Key Personnel
Scott Murphy,CCM
Project Director
Summary of Qualifications
Scott has nearly 25 years of experience in the construction industry. He has managed
every aspect of the project lifecycle from initial conception through completion and
is well-versed in a variety of market segments including criminal justice, public works,
EDUCATION education, healthcare in both the public and private sector. His project and construction
Bachelor of Science, management responsibilities have consisted of front-end specification writing,design,
Construction Management, project setup,design reviews,constructability reviews,estimating,value engineering,
California State University, program and project scheduling,contract negotiations, bid solicitation,code compliance,
Fresno LEED charrettes,claims negotiation,ADA compliance and inspection.
Associate of Science,Forestry,
Kings River College Project Experience
CERTIFICATIONS City of Los Banos,New Police Headquarters/Station,Los Banos,CA.Project Director,
CMAA,Certified Construction $24 million,26,500 SF, Design-Build. Project consists of a main building and adjacent
Manager(CCM) outbuilding.The new headquarters will include a new dispatch center,community
10-Hour OSHA outreach space,community meeting space,as well as police department divisions that
AFFILIATIONS include the traffic and code enforcement department,detectives,detention area,sally port,
Construction Management briefing room and evidence storage.Additional space within the main building includes a
Association of America men's and a women's locker room,training room, break room,sleeping quarters, K-9 area
(CMAA) and several conference rooms.The outbuilding includes two vehicle processing bays and
Lean Construction Institute additional storage.
(LCI) City of Clovis,Fire Station No.6,Clovis,CA.Project/Construction Manager, $8.2 million,
US Green Building Council Design-Bid-Build.Vanir is providing project and construction management services for the
(USGBC) new Clovis Fire Station No.6 Project.The fire station includes,Spanish style architecture,
three bay apparatus room,office,five sleeping quarters, kitchen,lounge,workout
room, maintenance room and associated restrooms.Work also includes a new 150,
communication tower, pedestrian paths leading to the city parkway and new Loma Vista
development.Vanir will provide design estimates and a constructability review,assist the
City of Clovis with bid participation and bid/award, manage and inspect the construction.
Judicial Council of CA,Administrative office of the Courts, New Madera County
Courthouse,Madera,CA.Project Manager,$80 million, LEED Silver,CMAR. Project
consisted of a new four-story,ten-courtroom building with a full holding cell basement,
and a four-story parking structure.
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Section 2
County of Fresno On-Call Architectural&Engineering Consultant Services
Robert Nash,AIA, NCARB
Project Director
Summary of Qualifications
Robert has proven experience in facilities assessments, planning, programing,and
designing outstanding public sector projects throughout the State of California and
nationally. He has developed an expertise in team building and fostering strong working
relationships between team members to assure that planning and design solutions
EDUCATION respond to all functional,financial and aesthetic goals for each project.
Bachelor of Architecture,
Temple University, Robert is an architect and planner with over 38 years of experience working with public
Philadelphia,PA
sector clients including city,county and state agencies. He recently led the team that
PROFESSIONAL LICENSE developed the Los Angeles County Jail Master Plan,which identified nearly$2 billion
California Registered Architect
#28592 in new facilities,additions and renovations,and maintenance and repairs.The Board of
Supervisors approved the master plan and is proceeding with design and construction of
CERTIFICATIONS the projects identified in the master plan.
National Council of
Architectural Registration
Project Experience
Boards
AFFILIATIONS City of Los Banos, New Police Headquarters/Station,Los Banos,CA. Project Manager,
American Institute of $24 million,26,500 SF, Design-Build. Project consists of a main building and adjacent
Architects(AIA) outbuilding.The new headquarters will include a new dispatch center,community
outreach space,community meeting space,as well as police department divisions that
include the traffic and code enforcement department,detectives,detention area,sally port,
briefing room and evidence storage.Additional space within the main building includes a
men's and a women's locker room,training room, break room,sleeping quarters, K-9 area
and several conference rooms.The outbuilding includes two vehicle processing bays and
additional storage.
San Luis Obispo County,Co-Located Dispatch Center,Templeton,CA.Project
Manager, $18 million, 17,000 SF, New Construction, Essential Services Facility, Design-Build.
The project will replace and co-locate emergency services and dispatching for the Sheriff's
Office Dispatch Center(SODC)which provides dispatching for both Law Enforcement and
Ambulances(MEDCOM).The facility will also house the CalFire/San Luis Obispo County
Fire Emergency Command Center with a floor capacity for 24 dispatching consoles.
Responsible for design management and subconsultant coordination.
Judicial Council of California,New Los Banos Courthouse,Los Banos,CA.Project
Manager,29,511 square foot, $27 million,CMAR.The project replaced the existing one-
courtroom courthouse and included two new courtrooms,court support space for court
management services,self-help,family court services,court clerk,court security operations
and holding. Responsibilities included construction management services and facilitating
inspections,and State Fire Marshal review.
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Section 2
County of Fresno I On-Call Architectural&Engineering Consultant Services
Jim Brackett, CCM
Sr.Construction Manager
Summary of Qualifications
Jim has over 30 years of combined experience in design,general construction and
construction management with involvement in all aspects of modernizations and new
construction projects ranging from $150,000 to$14 million in construction costs. His
professional experiences include supervising multiple projects,staff, multiple prime
EDUCATION contractors,subcontractors and vendors simultaneously. He has been involved with the
Bachelor of Science,
Construction Management, management and administration of all aspects of projects from the design phase, pre-bid,
California State University, bidding,construction,closeout and warranty period of numerous projects throughout his
Fresno continuous career in the industry.
Associate of Science,
Architecture,Bakersfield Project Experience
Junior College Fresno County,Sheriff Substation,Fresno,CA.Sr.Construction Manager, $11.3 million,
PROFESSIONAL LICENSE 58,220 SF, New Construction, Essential Services Facility, Design-Bid-Build.The project
Contractor's State License consists of a new 22,700-SF pre-manufactured steel-framed,single-story Sheriff Substation,
Board,Class B#828757,CA a 35,520-SF Vehicle and Evidence Storage building with approximately 50 parking spaces,
CERTIFICATIONS parking lot and associated site improvements.Vanir was asked by the County to provide
CMAA Certified Construction construction management services from mid-point of construction to completion.Vanir's
Manager(CCM) work includes facilitating weekly progress meetings,providing meeting minutes,and
30-Hour OSHA managing the RFI,Submittal,ASI,and Pay Application processes.
Tulare Visalia Library Remodel and Expansion,Visalia,CA.Sr.Construction Manager.
Golden Hills Community Center,Tehachapi,CA.Sr.Construction Manager,$2.5 million.
Bakersfield College, Industrial Technology Building Modernization,Bakersfield,CA.
Sr.Construction Manager.
Cerro Coso College,Theater Modernization and Upgrade,Ridgecrest,CA.Sr.
Construction Manager.
Porterville College,Science Building Modernization,Porterville,CA.Sr.Construction
Manager.
Porterville College, Library Expansion and Upgrade, Porterville,CA.Sr.Construction
Manager.
Wasco Correctional and North Kern Correctional Facilities,Health Care Improvement
Facilities Program,Wasco,CA.Sr.Construction Manager, $60 million.
VANIR n
Section 2
County of Fresno On-Call Architectural&Engineering Consultant Services
Andres Enciso,CMIT
WWI Construction Manager
Summary of Qualifications
Andres has over 15 years of experience in the construction industry providing dedicated
results driven design and construction management services to public and private sector
clients.Andres has worked as a draftsman and a construction administrator for architectural
firms which provided him with the knowledge and expertise to identify constructability
EDUCATION issues early and to prevent potential cost and schedule impacts.Andres has a wide ranging
Bachelor of Science,
Construction Management, and diverse set of skills for office and field work with a clear focus on the fundamentals of
California State University, projects completion on time,under budget,safely,and to the client's satisfaction.
Fresno
Associate of Science, Project Experience
Architecture,College of the City of Los Banos,New Police Headquarters/Station,Los Banos,CA.Construction
Sequoias,Visalia Manager, $24 million,26,500 SF, Design-Build. Project consists of a main building
CERTIFICATIONS and adjacent outbuilding.The new headquarters will include a new dispatch center,
10-Hour OSHA community outreach space,community meeting space,as well as police department
CMAA,Construction divisions that include the traffic and code enforcement department,detectives,detention
Manager-in-Training(OMIT) area,sally port, briefing room and evidence storage.Additional space within the main
building includes a men's and a women's locker room,training room, break room,sleeping
AFFILIATIONS quarters, K-9 area and several conference rooms.The outbuilding Construction Management q g Includes two vehicle
Association of America processing bays and additional storage.
(CMAA)
City of Selma,New Police Station,Selma,CA.Assistant Construction Manager, $8.3
million,10,175 SF, New Construction, Essential Services Facility, Design-Bid-Build.Vanir is
providing project and construction management services to the City of Selma for their
new police stations.The New Police Department Facility will include patrol squad room,
detective room,sergeant room,lieutenant offices,evidence room,and a secure prisoner
processing area with five holding cells.Squad room has direct access to the rear parking
area,which will be fenced for patrol cars. Responsibilities include running project meetings,
processing submittals and RFI's,reviewieng PCOs, pay applications and schedule updates.
City of Corcoran,New Police Station,Corcoran,CA.Construction Manager, $5.5 million,
11,500 SF, New Construction,Modular, Design/Build.Vanir was the Owner's representative
for the new modular Police Headquarters building project.The new headquarters is
approximately 11,500 SF with four holding cells to accommodate nine in-custodies.
Responsible for conducting Owner's meetings,evaluating all RFI's,submittals, pay
applications, potential change orders,and change orders,and coordinating with utility
companies and City staff.
Tulare County,South County Detention Facility(AB900),Porterville,CA.Assistant
Construction Manager, $60 million, 119,000 SF,500-beds,State Funded.Vanir is providing
project management services for the planning,design and construction of the new jail,the
first in southern Tulare County. Responsibilities include processing RFIs,reviewing PCOs,
pay applications and xchedules updates.
VANIR 12
Section 2
County of Fresno I On Call Architectural&Engineering Consultant Services
Jennifer Garcia
Assistant Construction Manager
Summary of Qualifications
Jennifer is an accomplished construction professional with three years of experience
managing a range of public and private projects.She is experienced with construction
processes,field processes,value engineering, processing change orders,CPM scheduling,
constructability,and estimating.Jennifer's experience includes field documents;daily,
EDUCATION weekly,and monthly reports;change order review support; RFIs,transmittals,and
Bachelor of Science,
Construction Management, submittals;and document control.
California State University,
Fresno Project Experience
Associate of Arts,Interior Tulare County,South County Detention Facility(AB900),Porterville,CA.Project
Design,California State Engineer,$60 million, 119,000 SF,519-beds,State Funded.Vanir is provided project
University,Fresno management services for the planning,design and construction of the new jail,the first
CERTIFICATIONS in southern Tulare County.The building is equipped with a medical center,administration
30-Hour OSHA center,visitation center,and kitchen. Responsibilities include processing RFIs, reviewing
AFFILIATIONS PCOs, pay applications and schedules updates.
Construction Management
Association of America Kings County,Kings County Jail Phase II Expansion, Hanford,CA.Project Engineer,
(CMAA) $33.2 million,67,000 SF,252-bed,State Funded.Vanir provided project and construction
management services for the planning,design,and construction of Phase II,the project
was a critical expansion. It included additional housing,renovation, medical,intake and
booking, programming,and support services.
SoCalGas,Regional Base,Bakersfield,CA.Project Engineer,$22 million,31,000 SF, New
Construction, LEED Gold, Net-Zero Energy, Design-Bid-Build. This facility will serve more
than a hundred thousand homes and businesses that use natural gas in the region.The
facility also includes an employee training facility and customer demonstration center,
separate storage building and garage.The project also included a photovoltaic solar energy
system and compressed natural gas (CNG)fueling station for company and public use.
Central Union School District,Admiral Akers Elementary School,Lemoore,CA.
Project Engineer, $25 million, Design-Bid-Build.Vanir is providing full construction
management services for the new classroom wing with 14 new classrooms, removal of
12 existing portable classrooms,new gymnasium, modernization of kitchen services and
library media center,and relocation of administration offices.
VANIR 13
Section 2
County of Fresno I On-Call Architectural&Engineering Consultant Services
Barry Winningham
Quality Control/Inspector
Summary of Qualifications
Barry has 35 years of experience in construction and building maintenance. He has
superior knowledge of International Building Codes and California Building Codes and an
understanding of building materials, methods of construction and principles of building
inspection.As construction supervisor, Barry observes proper inspection techniques and
EDUCATION applies his technical knowledge to examine workmanship and materials to determine
College of the Sequoias,
Industrial Technology and conformance to approve plans,specifications,codes and standards. He is experienced in
Engineering blueprint reading; bidding,estimating construction schedules;and overseeing carpenters,
PROFESSIONAL LICENSE electricians,plumbers, ironworkers,masons,and sheet metal workers. Barry establishes and
CA General Contractor B, maintains great relationships with contractors,engineers,architects,and management.
#403307
Project Experience
CERTIFICATIONS
ICC Commercial Building City of Los Banos,New Police Headquarters/Station,Los Banos,CA.Inspector,
Inspector,#8028646 $24 million,26,500 SF, Design-Build. Project consists of a main building and adjacent
ICC Structural Masonry outbuilding.The new headquarters will include a new dispatch center,community
Special Inspector,#8028646 outreach space,community meeting space,as well as police department divisions that
ICC Reinforced Concrete include the traffic and code enforcement department,detectives,detention area,sally port,
Special Inspector,#8028646 briefing room and evidence storage.Additional space within the main building includes a
men's and a women's locker room,training room, break room,sleeping quarters, K-9 area
ICC Prestressed Concrete and several conference rooms.The outbuilding includes two vehicle processing bays and
Special Inspector,#802646
additional storage.
ICC Structural Steel and
Bolting Special Inspector, City of Corcoran,New Police Station,Corcoran,CA.Construction Inspector,$5.5 million,
#802646 11,500 SF, New Construction,Modular, Design-Build.Vanir was the Owner's representative
ICC Structural Welding Special for the new modular police headquarters building project.The new headquarters is
Inspector,#802646 approximately 11,500 SF with four holding cells to accommodate nine in-custodies.
ICC Spray Applied Responsibilities included construction inspection, proper inspection technique and
P Y pp
Fireproofing Special Inspector, procedure observation; project file maintenance;building code interpretation;and
#802646 contractor communication regarding conforming to approved plans,specifications or
ACI Concrete Field Testing applicable codes.
Technician Grade 1,#012755102 Tulare County, y,South Count Detention Center(AB900),Porterville,CA.
Construction Inspector, $52 million, 100,000 SF, Design-Bid-Build. Project consisted of a
new detention center with 510 beds across 15 acres of County-owned land located in
Porterville.The facility is constructed of steel and concrete for long-term durability.The
housing space includes dayrooms;exercise yards;multi-purpose space for parenting,
life skills and education classes and religious services housing unit control and storage
space;and interview,video and in-person visitation space.The facility also includes a
centralized control room;a kitchen;intake, release and transportation space;laundry;
and administrative,staff support, medical and mental health space. Project components
included electrical, plumbing,mechanical, heating,ventilation and air conditioning,
security and fire protection systems.A secure perimeter including vehicular and pedestrian
sally ports were also included.
VANIR 14
Section 2
County of Fresno I On-Call Architectural&Engineering Consultant Services
Tony Shinali
Estimator
Summary of Qualifications
Tony has 25 years of experience in the construction industry working with multiple delivery
methods including Design-Build,Design-Bid-Build,and Lump Sum. He has performed
a variety of tasks including budget planning,cost estimating, procurement strategy,
feasibility planning,cost forecasting,contracts,value engineering and constructability
EDUCATION risk management. He has a diverse background in high-profile, mega design projects
Master of Science,Civil
Engineering and Urban with both private and public entities domestically and internationally.Tony conducted
Planning,University of strategic pricing planning and oversight of cost proposal preparation including the basis
Loughborough,UK of estimate(BOE) in compliance with the estimating and pricing procedures;managed full
Bachelor of Science,Civil service of cost volume preparation as well as other written sections related to contracts
Engineering and Geodetic management Of costing accountability.Tony has extensive experience in using both
Surveying,University of wales traditional Design-Build, Design-Bid-Build, pricing staff, project control and cost forecasting,
of Science and Technology value engineering,contracts, logistics and management,submittals, P6, best value, lump
Cardiff,UKg g p
sum, negotiation,and other alternative delivery methods.
PROFESSIONAL LICENSE
CA General Contractor, Project Experience
#834255
City of Clovis,New Fire Station No.6,Clovis,CA.Chief Estimator, $4.5 million, Design-
CERTIFICATIONS Bid-Build. Provided project and construction management services for this fire station
10-Hour OSHA
which includes a Spanish style architecture,three bay apparatus room,office,five sleeping
30-Hour OSHA quarters, kitchen, lounge,workout room,maintenance room and associated restrooms.
AFFILIATIONS Work also includes a new 150-foot communication tower and pedestrian paths leading
Building Industry Association to the city parkway and new Loma Vista development. Responsible for preconstruction
(BIA) services including estimating and value engineering.Vanir will provide design estimates
Member&Association and a constructability review,assist the City of Clovis with bid participation and bid/award,
for the Advancement of and manage and inspect the construction.
Cost Engineering(AACE
International) City of Los Banos, New Police Headquarters/Station,Los Banos,CA.Estimator,
Member of Project $24 million,26,500 SF, Design-Build. Project consists of a main building and adjacent
Management Institute(PMI) outbuilding.The new headquarters will include a new dispatch center,community
outreach space,community meeting space,as well as police department divisions that
include the traffic and code enforcement department,detectives,detention area,sally port,
briefing room and evidence storage.Additional space within the main building includes a
men's and a women's locker room,training room, break room,sleeping quarters, K-9 area
and several conference rooms.The outbuilding includes two vehicle processing bays and
additional storage.
Kern County,Behavioral Health and Recovery Services New Psychiatric Health
Facility,Bakersfield,CA.Chief Estimator,30,000 SF, New Construction,46-beds, Design-
Build.The new facility will provide a safe and secure locked environment for individuals,
adults and minors,who are experiencing an acute psychiatric crisis.The project includes
two facilities under one roof,one 26-bed adult inpatient facility and one 20-bed adolescent
and children inpatient facility.
VANIR 15
County of Fresno I On-Call Architectural&Engineering Consultant Services
Theresa Hungate,Assoc.AIA
Project Engineer
Summary of Qualifications
Theresa has over 19 years of experience in the construction industry.Theresa has been
responsible for document control for both new construction and renovation projects for
public and federal projects.Theresa's experience includes assisting in the management
of project controls,cost,and performance activities and procedures, project logistics,
EDUCATION organization,systems and project closeout.
Coursework in Construction
Management,Contract Law,
Specifications Writing,Illinois Project Experience
Central College Veterans Affairs,VA Hospital,Fresno,CA.Construction Manager, $20 million,
Talent Management System, Renovation. Provided project management services for the VA's health and life safety
Coursework in Contracts and projects.These projects ran in tandem and at various hours of the day so as to not disturb
Health and Safety,veteran's patients and staff.Worked with the VA in controlling schedules, budgets,quality control/
Administration,Fresno quality assurance,maintaining as-builts,and site safety.Also responsible for performing
CERTIFICATIONS peer review on specifications.
30-Hour OSHA
Table Mountain Casino Hotel,Friant,CA.Project Coordinator, $350 million, New
Manage Quality Control Construction. Worked close) with the Rancheria construction staff as point of contact
Manager Certification y
for invoicing and monthly payments and oversaw monthly subcontractor percentage
Associate AIA Certification, completion. Developed and managed document control for Requests for Information,
American Institute of
Architects submittals,contracts,and other project documents. Developed and coordinated Requests
for Qualifications and Requests for Proposals and assisted with drafting contracts.
U.S.Navy,F-35C Operations Training Facility and F-35C Centralized Engine Repair
Facility.Project Engineer, $26.5 million, New Construction. Participated in the development
and execution of the project schedule,work plans,contracts, purchase orders,change
orders,and design changes. Established and maintained document control for submittals,
certifications,and Navy contract requirements.Assisted the Quality Control Manager in the
review of submittals and maintaining as-builts while aiding with subcontractor compliance
issues. Planned,coordinated,and managed $2.5 million Furniture, Fixtures,and Equipment
package.
VANIR 16
County of Fresno I On-Call Architectural&Engineering Consultant Services
Makenna Hogan
Administrative Assistant
-- Summary of Qualifications
Makenna is an experienced administrative assistant with six years providing leadership
in an administrative role supporting management and executive teams.She is skilled at
building strong vendor and customer relationships,drafting correspondence,Microsoft
Office,accounts payables,accounts receivables,and document management.
EDUCATION
Bachelor of Science,Business Project Experience
Administration Management,
California State University, City of Los Banos, New Police Headquarters/Station,Los Banos,CA.Administrative
Fresno Assistant, $24 million,26,500 SF, Design-Build. Project consists of a main building
and adjacent outbuilding.The new headquarters will include a new dispatch center,
community outreach space,community meeting space,as well as police department
divisions that include the traffic and code enforcement department,detectives,detention
area,sally port, briefing room and evidence storage.Additional space within the main
building includes a men's and a women's locker room,training room, break room,sleeping
quarters, K-9 area and several conference rooms.The outbuilding includes two vehicle
processing bays and additional storage.
Kern County,Behavioral Health and Recovery Services New Psychiatric Health
Facility,Bakersfield,CA.Administrative Assistant,30,000 SF, New Construction,46-beds,
Design-Build.The new facility will provide a safe and secure locked environment for
individuals,adults and minors,who are experiencing an acute psychiatric crisis.The project
includes two facilities under one roof,one 26-bed adult inpatient facility and one 20-bed
adolescent and children inpatient facility.
Fresno County,Sheriff Area 2 Substation,Fresno,CA.Administrative Assistant,
58,200 SF, New Construction, Design-Bid-Build.The new facility consists of a new 22,700
SF pre-manufactured steel-framed,single-story Sheriff Substation,a 35,520 SF Vehicle
and Evidence Storage building with approximately 50 parking spaces,parking lot,and
associated site improvements.This substation will serve as the headquarters for all patrol
operations in the metropolitan area.
VANIR 17
Section 2
County of Fresno On-Call Architectural&Engineering Consultant Services
Orry Nottingham, PE, LEED AP,CCP,CxAP
T ;
f' Commissioning Consultant
Summary of Qualifications
Orry has more than 30 years of experience as an engineer,designer and construction
manager,and provides high performance building enhanced commissioning and energy
measurement and verification services. He has provided design/construction phase
commissioning for over 75 commercial buildings and assists owners regarding life-cycle
EDUCATION cost analysis,energy use assessment,quality process and deployment.
Bachelor of Science,Electrical
Engineering,Virginia
Polytechnic Institute and Project Experience
State University City of San Marcos, Fire Station#4,San Marcos,CA.Commissioning, $4.1 million, 14,069
PROFESSIONAL LICENSE SF.
CA Professional Engineer(PE)
#14890 Mother's Club Community Center,Pasadena,CA.Commissioning, $2.5 million,9,575 SF.
CERTIFICATIONS Building A, Riverwalk, Bakersfield,CA.Commissioning, $6.1 million,22,450 SF.
USGBC Leadership in Energy
and Environmental Design Building J,Riverwalk,Bakersfield,CA.Commissioning, $6.3 million,23,550 SF.
(LEED)Accredited Professional
(AP) Department of General Services,Porterville Kitchen's Veteran's Building, Porterville,
Building Commissioning CA.Commissioning,$9 million, 18,450 SE
Association,Certified
Commissioning Professional St.Elizabeth Ann Seton Church and Multipurpose Building.Commissioning, $7.5
(CCP) million,25,000 SF.
The University of Wisconsin,
Commissioning Process City of Berkeley,West Branch Library,Berkeley,CA.Commissioning, $12 million,39,000
Authority Professional(CxAP) SF, LEED Platinum,Zerno Net Energy(ZNE) building.
AFFILIATIONS County of Los Angeles,Hall of Justice Building,Retro-Commissioning,Los Angeles,
United States Green Building
Council(USGBC) CA.Commissioning,$24 million,225,000 SF.
City of Gilroy,Public Library,Gilroy,CA.Commissioning, $4.5 million,7,500 SE
Placer County,Adult Correctional Facility,Roseville,CA.Commissioning, $175 million,
275,000 SF.
State of California,State Library and Courts Building Rehabilitation,Sacramento,CA.
Commissioning, $56 million, 188,600 SF.
Los Angeles Police Department,Administration Building,Los Angeles,CA.
Commissioning, $231 million,400,000 SF.
Port of Long Beach,Pier G Maintenance and Repair Buildings,Long Beach,CA.
Commissioning, $125 million,250,000 SF.
VANIR 18
Section 2
County of Fresno I On-Call Architectural&Engineering Consultant Services
(
Rafael Martin, PE
F Project Controls Manager
Summary of Qualifications
Rafael Martin has over 23 years of professional engineering and construction experience
in civil and building projects. He has demonstrated success in proactively determining
a potential areas of constraint and developing feasible alternatives to ensure that project
progress remains on track.Typical responsibilities have included program/project
EDUCATION planning, baseline critical path method (CPM) schedules, review of monthly progress
Master of Science,Civil and
Environmental Engineering, schedules, potential schedule and cost impact analysis,monthly status reports preparation,
Construction,and change order evaluation and negotiation,and project controls system and procedure
Engineering Management, establishment.
Stanford University
Bachelor of Science,Civil Rafael's project controls background includes courthouses,correctional facilities,
Engineering,California State transportation,water and wastewater treatment facilities,commercial,industrial and claims
University,Sacramento remediation and analysis. He has dealt with varying levels of project complexity including
PROFESSIONAL LICENSE detailed work breakdown structure(WBS),coding,cost loading and control, resource
CA Professional Civil Engineer loading including manpower curves and crew structure,variance reporting on projects
(PE) #C63486 with multiple project/contract interfaces and varying project values.
CERTIFICATIONS
10-Hour OSHA Project Experience
AFFILIATIONS Contra Costa County,Administration Building,Emergency Operations Center&
Construction Management Public Safety Building,Martinez,CA.Scheduler, $100 million, 139,000 SF, LEED Gold,
Association of America New Construction, Municipal Building, Essential Services Facilities, Parking Lot, Demolition,
(CMAA) Design-Build.Vanir provided construction management services for the new County
American Public Works Administration Building, Emergency Operations Center and Public Safety Building for the
Association(APWA) County Sheriff's Office.
Design-Build Institute of Southern California Gas Company,Facilities Management Program,Southern
America(DBIA)
CA.Senior Project Controls Manager,Various projects.As the nation's largest natural
Lean Construction Institute gas distribution utility,SoCalGas delivers clean,safe and reliable energy to 21.8 million
(LCI) consumers in more than 500 communities. Rafael is responsible for leading Vanir's technical
support services team,that is providing budget and schedule management services
to SoCalGas Project Managers. Rafael is also providing guidance in the development of
project controls procedures and tools,including the use of SharePoint and PowerBl for
executive reporting
Tule River Tribe,(Eagle Mountain)Casino Resort Relocation Project,Porterville,
CA.Scheduler, $200 million to $350 million, 125-key to 250-key Hotel, 1,700-Seat Events
Center,29,000 SF Conference Center.Vanir provided pre-construction services,including
evaluation of project delivery method,development of conceptual master schedule;
evaluation/selection of the WWTP;design team,review of all pertinent studies, including
EIS,City and County requirements;and preparation of project and construction budget.
The New Casino Resort Relocation project consists of a new 250-key hotel and 100,000
SF casino,surface and garage parking areas,outdoor amphitheater,fire station,and water
treatment facility.
VANIR 19
Section 2
County of Fresno I On-Call Architectural&Engineering Consultant Services
Anthony Foster-Davis
Scheduling Manager
Summary of Qualifications
Anthony Foster-Davis'building information modeling (BIM) background allows him to
use various software programs to produce three-dimensional models and incorporate
these models into the construction process by using the software to develop scheduling,
estimating and constructability reports.
EDUCATION
Bachelor of Science, As a Scheduler, he has been responsible for producing monthly schedule update reviews
Construction Management. submitted by contractors for conformance to contract requirements on multiple projects.
Option:Architectural Project
Management,California State His experience also includes development of master schedules,cash flow analysis and
University,Chico Constructware implementation.
Associate of Arts,Architecture As a part ofVanir's Virtual Project Management group,Anthony is actively involved in using
Mesa College,San Diego
NavisWorks®and Synchro, LTD.to provide real-time visualization of project schedules.The
CERTIFICATIONS scheduling is enhanced by integrating the 3D design model with a 4D project schedule
Autodesk Authorized simulation.
Training Center NavisWorks
Fundamentals Certificate
Project Experience
AFFILIATIONS El Dorado County, El Dorado County Public Safety Facility,Placerville,CA.Scheduler,
Construction Management
Association of America $56 million, 110,000 SF, Design-Build.Vanir prepared the 400+ page original programming
(CMAA) and loan application for the project,securing a low interest, long-term loan from the
Lean Construction Institute United State Department of Agriculture.The five-building complex is located on 12 acres
(LCI) of a 30.34-acre site. It includes a Public Safety Building with Emergency Operation Services
US Green Building Council and a 911 Dispatch Center;a morgue;an evidence building;a special operations and
(USGBC) training building;and an indoor,ten-lane,50-yard shooting range and armory.The site
includes additional space for a future seven-acre solar project.
CA Department of General Services,Library and Courts Building Renovation,
Sacramento,CA.$57.8 million,Scheduler, 188,000 SF, LEED Silver, Design-Bid-Build,
Renovation Project.The project consisted of upgrades to the interior and exterior of the
historic Library and Courts Building in downtown Sacramento.The primary project goals
were to gain back the historic character of the landmark State Library and Courts Building
and to upgrade the building's infrastructure systems to support future needs.The building
included office equipment for approximately 125 staff, FF&E for a large public library,
works of art and antiques,22 law libraries and over thirty miles of additional compact
library shelving. Responsible for monthly schedule reviews,time impact analysis,change
management and mitigation schedule review.
VANIR 20
County of Fresno On-Call Architectural&Engineering Consultant Services
d. List of Current Staff
PEI
Personnel — Classification
Jerry . . PrincipalNice President
Scott Murphy,CCM Project Director
Robert ': Project Director
Jim Brackett,CCM Sr.Construction Manager
Andres . Construction Manager
Jennifer Garcia Assistant Construction Manager
BarryWinningham Quality Control/Inspector
Tony ShinaliEstimator
Theresa •. - Assoc. Project Engineer
HoganMakenna Administrative Assistant
Orry Nottingham, Commissioning Consultant
Rafael Martin, PIE Project Controls Manager
Anthony Foster-Davis Scheduling Manager
VANIR 21
Section 2
County of Fresno On-Call Architectural&Engineering Consultant Services
g. Firm Organization Chart
co
0 o
Project Directors Principal/Vice President
Scott Murphy,CCM Jerry Avalos,CCM,LEED AP,EIT
Robert Nash,AIA,NCARB
QualitySr.Construction Manager Construction Managers
Jim Brackett,CCM Andres Enciso,CMIT Barry Winningham
Jennifer Garcia
Theresa Hun ate,Assoc.AIA Support„ an Makenna Hogan
g
Project Engineer Administrative Assistant
SPECIALIZED CORPORATE RESOURCES
Toni Shinali Orry Nottingham,PE,LEED AP,CCP,CxAP
Chief Estimator Commissioning Consultant
Rafael Martin,PE Anthony Foster-Davis
Project Controls Manager Scheduling Manager
VANIR 32
Deliverables — Appendix D
Last updated: November 23, 2021
Prior to submissions, the CONSULTANT shall request from the PROJECT
ADMINISTRATOR examples of acceptable drafting format and reproducible standards.
Verification of compatible format will be required prior to final file delivery.
A. Technical Report Standard Submittal Formats:
1. Standard submittal formats:
a. Electronic copy sent via email:
i. Microsoft Word (.docx) formatted for printing on 8 '/2" by 11"
pages
ii. Microsoft Excel (.xlsx) formatted for printing on 8 '/2" by 11"
or 11" by 17" pages
iii. Adobe (.pdf) formatted for printing on 8 '/2" by 11" or 11" by
17" pages
iv. AutoCAD Civil 3D, as .DXF or .DWG files
V. Other mutually agreed upon format. Hardcopies upon
request.
2. Technical studies and estimates:
a. Electronic copy sent via email:
i. Microsoft Word (.docx)
ii. Microsoft Excel (.xlsx)
iii. Signed Final Version in Adobe (.pdf)
iv. Other mutually agreed upon format. Hardcopies upon
request.
3. Drawings:
a. Electronic copy sent via email:
i. AutoCAD Civil 3D as .DXF or .DWG files
ii. Hardcopies upon request.
B. Design Plans, Technical Specifications and Construction Estimate:
1. 30%, 60% and 90% plans, specifications and estimates for review
a. Progress prints and final originals of the plans, specifications, and
estimates.
b. Standard submittal format
c. Hardcopies on 22" X 34" pages (up to 10 copies) upon request.
2. Accepted Final original plans, specifications and estimates shall include
a. Hardcopies
i. Plan Set: One (1) original reproducible plan set on 22" by 34"
sheets of 4 mil thick double matte film.
ii. Cross Sections: One (1) reproducible copy of cross sections
on 22" by 34" sheets of 4 mil thick double matte film.
iii. Final Specifications and Engineer's Estimates: One (1)
stamped and wet signed paper copy on 8 '/2" by 11" pages.
b. Electronic copy sent via email
i. Final plans, cross sections and slope stake information,
design calculations, quantity calculations, and other design
information as applicable to the PROJECT.
ii. Final specifications and estimates
iii. Plan sheets, cross sections, earthwork calculations and
slope stake information shall be in:
• AutoCAD Civil 3D
iv. Specifications shall be in:
• Microsoft Word (.docx) formatted for printing on 8 '/2"
by 11" pages
V. Final engineer's estimates shall be in:
• Microsoft Excel (.xlsx)
C. County-provided preliminary engineering survey data on existing
structures and topographic mapping shall be in:
a. AutoCAD Civil 3D
b. Or other mutually agreed upon format
Appendix E
Non-Federal Cost Proposal
NON FEDERAL-COST PROPOSAL
SPECIFIC RATE OF COMPENSATION
Note:Mark-ups are Not Allowed
Consultant Vanir Construction Management,Inc. ® Prime Consultant ❑ Subconsultant ❑ 2'Tier Subconsultant
Project No. Contract No. Participation Amount$ Date 3/21/2021
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification' Hourly Billing Rates Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range-
Straight3 OT(1.5x) OT(2x) From To Hourly Rate' Increase for Classifications Only
Jerry Avalos-Principal in Charge $235.00 $235.00 $235.00 04/01/2022 3/31/2023 $235.00 3.5%/Year Not Applicable
Scott Murphy-Sr.Project Director* $210.00 $210.00 $210.00 04/01/2022 3/31/2023 $210.00 3.5%/Year Not Applicable
Project Director $200.00 $200.00 $200.00 04/01/2022 3/31/2023 $200.00 3.5%/Year Not Applicable
Chief Estimator $185.00 $185.00 $185.00 04/01/2022 3/31/2023 $185.00 3.5%/Year Not Applicable
Estimator $165.00 $165.00 $165.00 04/01/2022 3/31/2023 $165.00 3.5%/Year Not Applicable
Commissioning Agent $150.00 $150.00 $150.00 04/01/2022 3/31/2023 $150.00 3.5%/Year Not Applicable
Administrative Assistant $95.00 $95.00 $95.00 04/01/2022 03/31/23 $95.00 3.5%/Year Not Applicable
Senior Project Manager $190.00 $190.00 $190.00 04/01/2022 03/31/23 $190.00 3.5%/Year Not Applicable
Senior Construction Manager $185.00 $185.00 $185.00 04/01/2022 03/31/23 $185.00 3.5%/Year Not Applicable
Project Manager $175.00 $175.00 $175.00 04/01/2022 03/31/23 $175.00 3.5%/Year Not Applicable
Construction Manager $170.00 $170.00 $170.00 04/01/2022 03/31/23 $170.00 3.5%/Year Not Applicable
Assistant Project Manager $155.00 $155.00 $155.00 04/01/2022 03/31/23 $155.00 3.5%/Year Not Applicable
Assistant Construction Manager $150.00 $150.00 $150.00 04/01/2022 03/31/23 $150.00 3.5%/Year Not Applicable
Senior Project Engineer $140.00 $140.00 $140.00 04/01/2022 03/31/23 $140.00 3.5%/Year Not Applicable
Project Engineer $135.00 $135.00 $135.00 04/01/2022 03/31/23 $135.00 3.5%/Year Not Applicable
Project Coordinator $125.00 $125.00 $125.00 04/01/2022 03/31/23 $125.00 3.5%/Year Not Applicable
Page 1 of 4
Non-Federal Cost Proposal
Senior Scheduler $180.00 $180.00 $180.00 04/01/2022 03/31/23 $180.00 3.5%/Year Not Applicable
Scheduler $170.00 $170.00 $170.00 04/01/2022 03/31/23 $170.00 3.5%/Year Not Applicable
Inspector IV $150.00 $150.00 $150.00 04/01/2022 03/31/23 $150.00 3.5%/Year Not Applicable
Inspector III $140.00 $140.00 $140.00 04/01/2022 03/31/23 $140.00 3.5%/Year Not Applicable
Inspector II $130.00 $130.00 $130.00 04/01/2022 03/31/23 $130.00 3.5%/Year Not Applicable
Inspector I $125.00 $125.00 $125.00 04/01/2022 03/31/23 $125.00 3.5%/Year Not Applicable
(Add pages as necessary)
NOTES:
1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All costs must comply
with the Federal cost principles.Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. For named employees and key personnel enter the actual hourly rate. For classifications only,enter the Average Hourly Rate for that classification.
Page 2 of 4
Non-Federal Cost Proposal
NON FEDERAL-COST PROPOSAL
SPECIFIC RATE OF COMPENSATION
Consultant Vanir Construction Management,Inc. M Prime Consultant ❑ Subconsultant
Project No. Contract No. Date 3/21/2022
SCHEDULE OF OTHER COST ITEMS (Add additional pages as necessar
Description of Item Quantity Unit Unit Cost Total
Mileage Costs Current Federal Rate As needed
Office Supplies (i.e. paper, shipping, toner, ink, As needed
pencils,pens, etc.
Overnight Accommodations As needed
Meals As needed
Note:Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice).
5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed,the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles.In addition,the miles claimed should be
supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle,the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles
that could be used for the same purpose.
9. The cost proposal format shall not be amended.All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
Page 3 of 4
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
NON FEDERAL-COST PROPOSAL
Certification of Direct Costs:
I,the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are actual,reasonable, allowable, and allocable to the contract in accordance with the
contract terms and the following requirements:
1. Generally Accepted Accounting Principles(GAAP)
2. Terms and conditions of the contract
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are
noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: Jerry Avalon Title *:.Vice President
/ Date of Certification(mm/dd/yyyy): 03/21/2022
Signature :_
_�L
Email: jerry.avalos(a,vanir.com Phone Number: (559) 496-0536
Address: 2444 Main Street, Suite 130,Fresno,CA 93721
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level
no lower than a Vice President or a Chief Financial Officer, or equivalent,who has authority to represent
the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Estimating
Commissioning
Page 4 of 3
County of Fresno - On-Call A&E Consultant Services Appendix G
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County'),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
County of Fresno - On-Call Engineering Consultant Services Appendix G
(1)Company Board Member Information:
Name: N/A Date: 05/31/2022
Job Title: N/A
(2)Company/Agency Name and Address:
Vanir Construction Management, Inc.
4540 Duckhorn Drive, Suite 300
Sacramento, CA 95834
(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
N/A
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
N/A
(5)Authorized Signature
Signature: Date:
Appendix H
Section 2
County of Fresno I On-Call Architectural&Engineering Consultant Services
e. Subconsultants
Forth is on-call contract,Van ir does not intend to use any subconsultants.
VANIR 22
County of Fresno�rchifecluralTan-"Engineering and Related Appendix-I
Consultant Services Resolution No. 07-525
{
i
BEFORE THE BOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESNO
3 STATE OF CALIFORNIA
4
No.
5 In the matter of )
6 Amendment of Standard Conflict of )
Interest Cade for All County )
7 Departments )
s
s Whereas, the Political Reform Act, Government Code section 81000 et seq.,
10 requires state and local government agencies to adopt and promulgate conflict of interest
11 codes; and
12 Whereas, the Fair Political Practices Commission has adopted a regulation, Title
13 2, California Code of Regulations, section 18730, which contains the terms of a standard
14 conflict of interest code, and which may be amended by the Fair Political Practices
15 Commission after public notices and hearings to conform to amendments to the Political
16 Reform Act; and
j 17 Whereas, any local agency may incorporate this standard conflict of interest code,
18 and thereafter need not amend its code to conform to future amendments to the Political
19 Reform Act or its regulations; and
20 Whereas, the Board of Supervisors may adopt the standard conflict of interest
21 code on behalf of all County departments.
22 Now therefore be it resolved, that the terms of Title 2, California Code of
23 Regulations, section 18730, and any amendments to it duly adopted by the Fair Political
24 Practices Commission, are hereby incorporated by reference and, along with the Exhibits A
25 and B approved previously, today, or in the future, by this Board for each County
26 department, in which officers and employees are designated and disclosure categories are
27 set forth, constitute the conflict of interest codes of each County department.
28
COUNTY OF FRESNO
Ftamo,Call[arnle 1 -
County of Fresno - Architectural and Engineering and Related- Appendix I
Consultant Services
Conflict of interest forms shall be filed as follows:
2 1. As required by Government Code section 87500,subdivision (e),the County
3
Administrative Officer, District Attorney, County Counsel, and Auditor-Controller/Treasurer-
4 Tax Collector shall file one original of their statements with the County Clerk,who shall make
5
and retain a copy and forward the original to the Fair Political Practices Commission,which
s -
shall be the filing officer.
2. As required by Government Code section 87500, subdivision 0), all other
a
department heads shall file one original of their statements with their departments. The filing I
9 officer of each department shall make and retain a copy and forward the original to the Clerk
10 to the Board of Supervisors, who shall be the filing officer.
11 3. All other designated employees shall file one original of their statements
12 with their departments.
3 Adopted at a regular meeting of the Board of Supervisors, held on the 2nd day of
t
14 October, 2007, by the following vote, to wit:
I
15 Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston I
16 Noes: None
17 Absent: None
1$
0000
19
20
Chairman, Board of Supervisors
21
22 Attest:
23
24 jXJ�
25 Clerk yy��
26
27
28
i
COUNTY OF FRESNO '
Fraeno,CettFoin3a 2
County of rrcm
f resno.C,11&nia
County of Fresno - Architectural and Engineering and Related Appendix I
Consultant Services
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I / II 2
Architect 1
Assistant Director of Public Works & Planning 1
Assistant Real Property Agent 1
Asser--iate ReProperty gent 1-
Building Inspector I / 11 1
Building Plans Engineer 1
Ri icinocc Systems ARalyst 1 / 11 / III `2
Chief Building Inspector 1
Chief of Field Surveys 1
Consultant
Deputy Director of Public Works 1
Development Services & Capital Projects Manager 1
Director of Public Works and Planning 1
Disposal Site Supervisor 2
Engineer I / II / III 1
Field Survey Supervisor 3
Financial Analyst I / 11 / 111 1
Housing Rehabilitation Specialist I / 11 1
Information Technology Analyst I / II / III / IV 2
Landfill Operations Manager 1
Planner I / II / III 1
Principal Accountant 1
Principal Planner 1
Principal Staff Analyst 1
Public Works and Planning Business Manager 1
Public Works and Planning Information Technology Manager 2
Public Works Division Engineer 1
Resources Division Manager 1
Right-of-Way Agent II / I11 1
Road Maintenance & Operations Division Manager 1
Road Maintenance Supervisor 1
Road Superintendent 1
Senior Accountant 2
Senior Engineer 1
Senior Engineering Technician 2
Senior Information Technology Analyst 2
Senior Planner 1
County of Fresno - Architectural and Engineering and Related Appendix I
Consultant Services
Classification Category
2-enin�-rvr-va��e88 SystemsnaIyst 0
Senior Staff Analyst 1
Staff Analyst I / II / III 1
Supervising Accountant 1
Supervising Building Inspector 1
Supervising Engineer 1
Supervising Water/Wastewater Specialist 1
Systems and DrnrorJi iroc M-an-ager 2
Traffic Maintenance Supervisor 2
Water & Natural Resources Manager 1
Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation: The Director of Public Works and Planning may determine in writing that a
particular consultant, although a "designated position", is hired to perform a range of
duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written determination shall include a
description of the consultant's duties and, based upon that description, a statement of
the extent of disclosure requirements. The Director of Public Works and Planning's
determination is a public record and shall be retained for public inspection in the same
manner and location as this conflict of interest code.
County of Fresno - Architectural and Engineering and Related Appendix I
Consultant Services
EXHIBIT "B"
PUBLIC WORKS AND PLANNING
1. Persons in this category shall disclose all reportable investments, interests in real
property, sources of income (including gifts), and business positions. Financial
interests (other than gifts) are reportable only if located within or subject to the
jurisdiction of Fresno County, or if the business entity is doing business or planning to
do business in the jurisdiction, or has done business within the jurisdiction at any time
during the two years prior to the filing of the statement. Real property shall be deemed
to be within the jurisdiction of the County if the property or any part of it is located
within or not more than two miles outside the boundaries of the County (including its
incorporated cities) or within two miles of any land owned or used by the County.
2. Persons in this category shall disclose all reportable investments in, income from
(including gifts), and business positions with any business entity which, within the last
two years, has contracted or in the future foreseeably may contract with Fresno
County through its Public Works and Planning Department, Solid Waste Commissions
within the jurisdiction, or to any other joint powers agency which Fresno County is a
member to provide services, supplies, materials, machinery, or equipment to the
County.
3. Persons in this category shall disclose all interests in real property within the
jurisdiction of Fresno County. Real Property shall be deemed to be within the
jurisdiction if the property or any part of it is located within or not more than two miles
outside the boundaries of Fresno County (including its incorporated cities) or within
two miles of any land owned or used by the County.