Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022 Lawrence Engineering Group 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 3. TERM OF AGREEMENT ............................................................................................9 4. TERMINATION ...........................................................................................................9 A. Non-Allocation of Funds / Funding Requirements ........................................................9 B. Breach of Contract...................................................................................................... 10 C. Without Cause............................................................................................................ 10 5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS................................... 10 A. Maximum Cumulative Amount Available .................................................................... 10 B. Consultant Fee ........................................................................................................... 11 C. Not used..................................................................................................................... 13 D. Retention.................................................................................................................... 13 E. Payments.................................................................................................................... 14 F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 15 6. INDEPENDENT CONTRACTOR.............................................................................. 16 7. MODIFICATION / CHANGE IN TERMS.................................................................... 17 8. NON-ASSIGNMENT................................................................................................. 18 9. HOLD HARMLESS ................................................................................................... 18 10. LIABILITY INSURANCE............................................................................................ 19 A. Commercial General Liability....................................................................................... 19 B. Automobile Liability...................................................................................................... 19 C. Professional Liability Insurance: ..................................................................................20 D. Worker's Compensation .............................................................................................20 E. Additional Requirements Relating to Insurance..........................................................20 11. AUDITS / RETENTION OF RECORD.......................................................................22 12. NOTICES..................................................................................................................23 13. GOVERNING LAW ...................................................................................................23 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS.............................................23 15. ELECTRONIC SIGNATURE .....................................................................................24 16. SUBCONSULTANTS................................................................................................24 I. Prompt Progress Payment............................................................................................26 J. Prompt Payment of Withheld Funds to Subconsultants ..............................................26 17. CONFLICT OF INTEREST .......................................................................................28 18. ERRORS OR OMISSIONS CLAIMS AND DISPUTES .............................................29 19. OWNERSHIP OF DATA ...........................................................................................31 20. CONSULTANT'S LEGAL AUTHORITY ....................................................................34 21. BINDING UPON SUCCESSORS..............................................................................34 22. SEVERABILITY.........................................................................................................34 23. STATE PREVAILING WAGE RATES .......................................................................34 C. Payroll Records..........................................................................................................35 E. Penalty......................................................................................................................37 F. Hours of Labor..........................................................................................................39 1 G. Employment of Apprentices...................................................................................39 2 Articles 24-39 Not used.......................................................................................................40 40. ENTIRE AGREEMENT.................................................................................................40 3 41. SIGNATURES...............................................................................................................41 4 Appendices 5 Appendix A — Listing of all consultants, including CONSULTANT'S "Project Manager" 6 Appendix B — Scope 7 Appendix C — Project Team Appendix D — Deliverables 8 Appendix E — Cost Proposal Appendix F — Not Used 9 Appendix G — Self Dealing Transaction Disclosure Form Appendix H — Subconsultants 10 Appendix I — Conflict of Interest Code 11 Appendix J — Not Used Appendix K — Not Used 12 Appendix L — Not Used Appendix M — Not Used 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 CONSULTANT AGREEMENT 2 THIS AGREEMENT for Architectural and Engineering Consultant Services, 3 hereinafter referred to as "AGREEMENT," is made and entered into this 26th day of 4 September 2022, by and between the COUNTY OF FRESNO, a Political Subdivision of the 5 State of California, hereinafter referred to as "COUNTY"; and Lawrence Engineering Group, 6 a Corporation, whose address is 7084 North Maple Avenue, Suite 101, Fresno, CA 93720 7 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 g 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 6 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 7 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 g 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 8 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 b 3 CONTRACT ADMINISTRATOR. 4 O. Not used. 5 3. TERM OF AGREEMENT 6 A. The term of this Agreement shall be for a period of five (5) years, commencing 7 upon execution by the COUNTY, through and including the fifth anniversary of the 8 execution date. 9 B. The CONSULTANT shall commence work promptly after receipt of a Notice to 10 Proceed or Task Order issued by the CONTRACT ADMINISTRATOR. The period of 11 performance for Task Orders shall be in accordance with dates specified in the Task Order. 12 No Task Order will be written which would extend the period of performance beyond the 13 expiration date of this Agreement, the maximum term of which shall not exceed five (5) 14 years. 15 4. TERMINATION 16 A. Non-Allocation of Funds / Funding Requirements 17 The terms and conditions of this Agreement, and the services to be provided 18 hereunder, are contingent on the approval of funds by the appropriating government 19 agency. Should sufficient funds not be allocated, the services provided may be modified, or 20 this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days 21 advance written notice. This Agreement may be terminated without cause at any time by 22 the COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this 23 Agreement, the CONSULTANT shall be compensated for services satisfactorily completed 24 to the date of termination based upon the compensation rates and subject to the maximum 25 amounts payable agreed to in Article 5, together with such additional services satisfactorily 26 performed after termination which are expressly authorized by the COUNTY to conclude 27 the work performed to date of termination. 2s 9 1 B. Breach of Contract 2 The COUNTY may immediately suspend or terminate this Agreement in whole or in 3 part, where in the determination of the COUNTY there is: 4 1. An illegal or improper use of funds; 5 2. A failure to comply with any term of this Agreement; 6 3. A substantially incorrect or incomplete report submitted to the COUNTY; 7 4. Improperly performed service. 8 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY 9 of any breach of this Agreement or any default which may then exist on the part of the 10 CONSULTANT, nor shall any such payment impair or prejudice any remedy available to 11 the COUNTY with respect to the breach or default. The DIRECTOR shall have the right to 12 demand of the CONSULTANT the repayment to the COUNTY of any funds disbursed to 13 the CONSULTANT under this Agreement, which, in the sole judgment of the COUNTY 14 were not expended in accordance with the terms of this Agreement. The CONSULTANT 15 shall promptly refund any such funds upon demand. This Section survives the termination 16 of this Agreement. 17 C. Without Cause 18 Under circumstances other than those set forth above, this Agreement may be 19 terminated by COUNTY upon the giving of thirty (30) days advance written notice of an 20 intention to terminate to CONTRACTOR. 21 5. COMPENSATION, ALLOWABLE COSTS AND PAYMENTS 22 A. Maximum Cumulative Amount Available 23 The COUNTY has or will enter into up to fifty (50) separate agreements, including 24 this Agreement, for performance of the Scope of Services identified hereinabove in Article 25 1, Section A and more thoroughly in Appendix B attached hereto. The other Agreements 26 are to be entered into by the COUNTY with the other consultant firms listed, together with 27 the CONSULTANT, on the list of consultant firms attached hereto as Appendix A. The total 28 amount payable by the COUNTY for all the Agreements combined shall not exceed a 10 1 cumulative maximum total value of Twenty-two Million Two Hundred Thousand Dollars 2 ($22,200,000), which "Not to Exceed Sum" hereinafter shall be referenced as the "NTE 3 Sum". 4 It is understood and agreed that there is no guarantee, either expressed or implied, 5 that all or any specific portion of this maximum NTE Sum will be authorized under the On- 6 Call Engineering Consultant Agreements through Task Orders. It is further understood and 7 agreed that there is no guarantee, either expressed or implied, that any Task Order will be 8 assigned to the CONSULTANT or that the CONSULTANT will receive any payment g whatsoever, under the terms of this Agreement. Each time a Task Order is awarded under 10 any of the Agreements, the COUNTY shall send written notification to the CONSULTANT 11 and each of the other consultants that entered into the Agreements. Each such notice shall 12 identify the cumulative total of funds allocated under all Task Orders issued hereunder as 13 of that date, and the remaining unencumbered amount of the NTE Sum. The 14 CONSULTANT acknowledges and agrees that the COUNTY shall not pay any amount 15 under this Agreement that would cause the NTE Sum to be exceeded, and the 16 CONSULTANT shall not enter into a Task Order that exceeds the remaining 17 unencumbered amount of the NTE Sum. 18 B. Consultant Fee 19 1. The approved CONSULTANT's Cost Proposal is attached hereto 20 as Appendix E and incorporated by this reference as though fully set forth herein. If there is 21 any conflict between the provisions set forth in the text of this Agreement and the approved 22 Cost Proposal (Appendix E), this Agreement shall take precedence. 23 2. The hourly and cost rates listed in Appendix E for services 24 rendered by the CONSULTANT and subconsultants shall remain in effect for the entire 25 duration of this Agreement unless adjusted in accordance with the provisions of 26 Paragraphs 3, 5, or 6 of this Article 5, Section B. 27 3. The hourly rates paid for services performed by the CONSULTANT 28 and by subconsultants of the CONSULTANT and the rates for expenses incidental to the 11 1 CONSULTANT'S and its subconsultants' performance of services may be adjusted no 2 more than once annually for inflation, in accordance with the following provisions: the 3 CONSULTANT may request new labor rates and new rates for expenses incidental to the 4 CONSULTANT'S and subconsultant's performance of services subject to written approval 5 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article 5, 6 Section B. The CONSULTANT shall initiate the rate adjustment process by submitting to 7 the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The proposed 8 adjusted fee schedule shall include proposed hourly rates for all categories of the 9 CONSULTANT'S and any subconsultants' wage classifications and proposed rates for 10 incidental expenses listed in Appendix E. The proposed adjusted fee schedule shall not 11 take effect unless approved in writing by the CONTRACT ADMINISTRATOR. The 12 CONSULTANT hereby acknowledges its understanding that approval by the CONTRACT 13 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide 14 a basis for any increase in the NTE Sum as set forth in Article 5, Section A. 15 4. Expenses incidental to the CONSULTANT'S and any 16 subconsultant's performance of services under Article 5 of this Agreement shall be charged 17 at the rates listed in Appendix E, subject to any adjustments that may be approved in 18 accordance with Paragraphs 3, 5, or 6 of this Article 5, Section B. Unless incorporated in an 19 adjusted fee schedule approved by the CONTRACT ADMINISTRATOR in accordance with 20 Paragraphs 3, 5, or 6 of this Article 5, Section B, all other expenses incidental to the 21 CONSULTANT'S and any subconsultant's performance of the services under Article 1 of 22 this Agreement that are not specifically listed in Appendix E shall be borne by the 23 CONSULTANT. 24 5. In the event that, in accordance with Article 1, Section D, the 25 CONTRACT ADMINISTRATOR approves the CONSULTANT to retain additional 26 subconsultants not listed in Appendix H, hourly rates paid for services performed by such 27 additional subconsultants of the CONSULTANT and the rates for expenses incidental to 28 those additional subconsultants' performance of services may be adjusted no more than 12 1 once annually for inflation, in accordance with Article 5, Section B, Paragraph 3. The first 2 annual adjustment of hourly and incidental expense rates for such additional 3 subconsultants shall not be submitted for approval prior to one year after the CONTRACT 4 ADMINISTRATOR'S approval of the retention of such additional subconsultant(s) by the 5 CONSULTANT. 6 6. Notwithstanding any other provisions in this Agreement, the 7 CONTRACT ADMINISTRATOR may, at any time, authorize in writing the revision of the 8 CONSULTANT'S or subconsultant's list of rates for incidental expenses to include 9 additional categories of such expenses if, in the opinion of the CONTRACT 10 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S 11 performance of the PROJECT(S). 12 7. Reimbursement for transportation and subsistence costs shall not 13 exceed the rates as specified in the approved Cost Proposal (Appendix E). The 14 CONSULTANT will be responsible for transportation and subsistence costs in excess of 15 State rates. 16 8. The consideration to be paid to CONSULTANT as provided herein, 17 shall be in compensation for all of CONSULTANT's expenses incurred in the performance 18 hereof, including travel and per diem, unless otherwise expressly so provided. 19 C. Not used 20 D. Retention 21 In addition to any amounts withheld under Article 1, the CONSULTANT agrees that 22 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five 23 percent (5%) retention from the earned compensation of the CONSULTANT. If the 24 CONTRACT ADMINISTRATOR determines that retention will not be withheld for a 25 PROJECT, the CONTRACT ADMINISTRATOR will so state in writing prior to 26 commencement of the PROJECT by the CONSULTANT. The CONTRACT 27 ADMISTRATOR will identify in writing prior to commencement of the PROJECT the 28 13 1 PROJECT-specific prerequisites (such as successful completion of a PROJECT phase, as 2 an example) for the release of retentions. 3 E. Payments 4 1. Progress payments will be made by the COUNTY upon receipt of the 5 CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR 6 thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the 7 respective components of the assigned PROJECT. Invoices shall clearly identify the 8 PROJECT by Name(s), the Phase and Task(s) comprising the work that is the subject of 9 the invoice, the Notice to Proceed or Task Order number, and the date(s) on which the 10 work was performed. Invoices shall be submitted together with the documentation identified 11 below in Paragraph 5 of this Article 5, Section E. Invoices shall be forwarded electronically 12 to: PWPBusinessOff ice(a-).fresnocountyca.gov 13 2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR 14 15 will take a maximum of ten (10) working days to review, approve, and submit it to the 16 COUNTY Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices 17 will be returned to the CONSULTANT for correction and resubmittal. Payment, less 18 retention, if applicable, will be issued to the CONSULTANT within forty five (45) calendar 19 days of the date the Auditor-Controller/Treasurer-Tax Collector receives the approved 20 invoice. 21 3. The COUNTY is entitled to withhold a five percent (5%) retention 22 from the CONSULTANT'S earned compensation in accordance with the provisions of 23 Article 5, Section D of this Agreement. 24 4. An unresolved dispute over a possible error or omission may cause 25 payment of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY. 26 5. Concurrently with the invoices, the CONSULTANT shall certify 27 (through copies of issued checks, receipts, or other COUNTY pre-approved 2s 14 1 documentation) that complete payment, less a five percent (5%) retention if applicable, has 2 been made to all subconsultants as provided herein for all previous invoices paid by the 3 COUNTY. However, the parties do not intend that the foregoing creates, as to any 4 subconsultants or subcontractors, any purported third-party beneficiary status or any third- 5 party beneficiary rights whatsoever, and the parties do hereby expressly disclaim any such 6 status or rights. 7 6. Final invoices, and separate invoices for retentions, shall be 8 submitted to CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase 9 is completed. Payment for retentions, if any, shall not be made until all services for the 10 phase are completed. 11 7. In the event the DIRECTOR reduces the scope of the 12 CONSULTANT'S work under this Agreement for a specific PROJECT (or discontinues a 13 14 specific PROJECT), whether due to a deficiency in the appropriation of anticipated funding 15 or otherwise, the CONSULTANT will be compensated on a pro rata basis for actual work 16 completed and accepted by the DIRECTOR in accordance with the terms of this 17 Agreement. 18 F. Notice to Proceed / Task Orders / Project Cost Proposal 19 1. Upon the acceptance of a project proposal submitted by the 20 CONSULTANT in accordance with the provisions of Article 1, Section I, and if an 21 agreement has been reached on the negotiable items and total cost in connection 22 therewith, then a specific PROJECT will be assigned to the CONSULTANT through 23 issuance by the CONTRACT ADMINISTRATOR of one or more Task Orders or Notices to 24 Proceed (NTP). Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for 25 specific rates of compensation, both of which must be based on the labor and other rates 26 set forth in the CONSULTANT's approved Cost Proposal (Appendix E to this Agreement). 27 28 15 1 2. A Project Cost Proposal is of no force or effect and no expenditures 2 are authorized on a PROJECT and work shall not commence until a Notice to Proceed for 3 that PROJECT has been issued by the COUNTY. 4 3. If the CONSULTANT fails to satisfactorily complete a deliverable 5 according to the schedule set forth in a Task Order, no payment will be made until the 6 deliverable has been satisfactorily completed. 7 4. When milestone or phase cost estimates are included in the Project 8 Cost Proposal and/or Task Order, the CONSULTANT shall obtain prior written approval for 9 a revised Project Cost Proposal from the CONTRACT ADMINISTRATOR before exceeding 10 such estimate. 11 5. The CONSULTANT shall not commence performance of any work or 12 services hereunder until this Agreement has been formally approved by the COUNTY and 13 14 Notice to Proceed on a specific PROJECT has been issued by the COUNTY's CONTRACT 15 ADMINISTRATOR. No payment will be made prior to approval or for any work performed 16 by the CONSULTANT prior to the COUNTY'S formal approval of this Agreement. 17 6. The period of performance for each Notice to Proceed shall be in 18 accordance with dates specified in the Notice to Proceed. Consistent with the provisions of 19 Article 3, Section B, no Notice to Proceed will be issued that would extend the 20 CONSULTANT'S period of performance beyond the expiration date of this Agreement. 21 7. Notices to Proceed may not be used to amend any provision of this 22 Agreement or to expand the scope of the CONSULTANT'S work as authorized under the 23 provisions of this Agreement. 24 6. INDEPENDENT CONTRACTOR 25 A. In performance of the work, duties and obligations assumed by the CONSULTANT 26 under this Agreement, it is mutually understood and agreed that the CONSULTANT, including 27 any and all of the CONSULTANT'S officers, agents, and employees will at all times be acting 28 16 1 and performing as an independent contractor, and shall act in an independent capacity and 2 not as an officer, agent, servant, employee, joint venturer, partner, or associate of the 3 COUNTY. Furthermore, the COUNTY shall have no right to control or supervise or direct the 4 manner or method by which the CONSULTANT shall perform its work and function. However, 5 the COUNTY shall retain the right to administer this Agreement so as to verify that the 6 CONSULTANT is performing its obligations in accordance with the terms and conditions 7 thereof. 8 B. The CONSULTANT and the COUNTY shall comply with all applicable provisions of 9 law and the rules and regulations, if any, of governmental authorities having jurisdiction over 10 matters the subject thereof. 11 C. Because of its status as an independent contractor, the CONSULTANT shall have 12 absolutely no right to employment rights and benefits available to COUNTY employees. The 13 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its 14 employees all legally-required employee benefits. In addition, the CONSULTANT shall be 15 solely responsible and save the COUNTY harmless from all matters relating to payment of the 16 CONSULTANT'S employees, including compliance with Social Security withholding and all 17 other regulations governing such matters. It is acknowledged that during the term of this 18 Agreement, the CONSULTANT may be providing services to others unrelated to the 19 COUNTY or to this Agreement. 20 7. MODIFICATION / CHANGE IN TERMS 21 A. This Agreement may be amended or modified only by mutual written agreement 22 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article 23 7, Section C, and Article 16, Section A, any such written amendment to this Agreement 24 may be approved on the COUNTY's behalf only by its Board of Supervisors. 25 B. The CONSULTANT shall only commence work covered by an amendment after 26 the amendment has been fully executed and written notification to proceed has been 27 issued by the CONTRACT ADMINISTRATOR. 28 C. There shall be no change in CONSULTANT's Project Manager or members of the 17 1 project team, as listed in Appendix A and the approved Cost Proposal (Appendix E, which 2 is incorporated as a part of this Agreement as provided in Article 5, Section 1), without prior 3 written approval by the COUNTY's CONTRACT ADMINISTRATOR. Any substitutions of 4 personnel must be approved in advance by the CONTRACT ADMINISTRATOR, which 5 approval shall not be unreasonably withheld. The CONSULTANT shall notify the 6 CONTRACT ADMINISTRATOR of the names and classifications of employees assigned to 7 each specific PROJECT and shall not reassign such employees to other projects of the 8 CONSULTANT without notification to and prior approval by the CONTRACT 9 ADMINISTRATOR. 10 8. NON-ASSIGNMENT 11 Neither party shall assign, transfer or sub-contract this Agreement or any of its 12 respective rights or duties under this Agreement hereunder, without the prior written 13 consent of the other party. 14 9. HOLD HARMLESS 15 A. The CONSULTANT shall defend, hold harmless and indemnify the COUNTY, 16 its officers, agents, and employees, against the payment of any and all costs and expenses 17 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and 18 liability for bodily and personal injury to or death of any person or for loss of any property, 19 economic loss or otherwise resulting from or arising out of any negligent or wrongful acts, 20 errors or omissions of the CONSULTANT, its officers, agents, and employees, in 21 performing or failing to perform any work, services, or functions under this Agreement. 22 Provided, however, and notwithstanding the immediately preceding sentence, with respect 23 to any PROJECT on which the CONSULTANT has provided design professional services 24 as defined by Civil Code Section 2782.8(c), the CONSULTANT has no obligation to pay for 25 any defense related cost prior to a final determination of its liability, based upon the 26 percentage of comparative fault (if any) finally determined to be attributable to the 27 CONSULTANT'S negligence, recklessness or willful misconduct. Following any such 28 determination, the CONSULTANT shall be responsible to pay to the COUNTY the dollar 18 1 amount of all such defense costs incurred by the COUNTY that is commensurate with the 2 finally determined percentage of the CONSULTANT'S liability, based upon the final 3 determination of the CONSULTANT'S comparative fault. The provisions of this Article 9, 4 Section A shall survive termination of this Agreement. 5 B. The COUNTY and the CONSULTANT hereby declare their mutual intent to 6 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the 7 negligent performance or failure to perform of any COUNTY construction contractor (or its 8 subcontractor(s)) involved in the construction of any PROJECT(S). Such cooperation may 9 include an agreement to prepare and present a cooperative defense after consultation with 10 the CONSULTANT'S professional liability insurance carrier. 11 10. LIABILITY INSURANCE 12 Without limiting the COUNTY'S right to obtain indemnification from the 13 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain 14 in full force and effect, the following insurance policies prior to commencement of any work 15 for the COUNTY and, thereafter, throughout the entire term of this Agreement (with the 16 exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full 17 force and effect for the additional period of time required by Article 20, Section A, 18 Paragraph 4). 19 A. Commercial General Liability 20 Commercial General Liability Insurance with limits of not less than Two Million 21 Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four 22 Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. The 23 COUNTY may require specific coverages including completed operations, products liability, 24 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability 25 insurance deemed necessary because of the nature of this Agreement. 26 B. Automobile Liability 27 Comprehensive Automobile Liability Insurance with limits of not less than One 28 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. 19 1 Coverage should include auto used in connection with this Agreement. 2 C. Professional Liability Insurance: 3 1. If the CONSULTANT employs licensed professional staff in providing 4 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00) 5 per claim, Three Million Dollars ($3,000,000.00) annual aggregate. 6 2. The Professional Liability Insurance shall be kept in full force and 7 effect for a period of five (5) years from the date of substantial completion of the 8 CONSULTANT'S work as determined by the COUNTY. 9 D. Worker's Compensation 10 A policy of Worker's Compensation insurance as may be required by the California 11 Labor Code. 12 E. Additional Requirements Relating to Insurance 13 The CONSULTANT shall obtain endorsements to the Commercial General Liability 14 insurance naming the County of Fresno, its officers, agents, and employees, individually and 15 collectively, as additional insured, but only insofar as the operations under this Agreement 16 are concerned. Such coverage for additional insured shall apply as primary insurance and 17 any other insurance, or self-insurance, maintained by the COUNTY, its officers, agents, and 18 employees shall be excess only and not contributing with insurance provided under the 19 CONSULTANT's policies required herein. This insurance shall not be cancelled or changed 20 without a minimum of thirty (30) days advance written notice given to the COUNTY. 21 The CONSULTANT hereby waives its right to recover from the COUNTY, its officers, 22 agents, and employees any amounts paid by the policy of worker's compensation insurance 23 required by this Agreement. The CONSULTANT is solely responsible to obtain an 24 endorsement to such policy that may be necessary to accomplish such waiver of subrogation, 25 but the CONSULTANT's waiver of subrogation under this paragraph is effective whether o 26 not the CONSULTANT obtains such an endorsement. 27 Prior to commencing any such work under this Agreement, the CONSULTANT shall 28 20 1 provide certificates of insurance and endorsements as stated above for all of the foregoing 2 policies, as required herein, to the County of Fresno, Erin Haagenson, Principal Staff Analyst, 3 2220 Tulare St., Sixth Floor, Fresno, CA 93721, stating that such insurance coverages have 4 been obtained and are in full force; that the County of Fresno, its officers, agents and 5 employees will not be responsible for any premiums on the policies; that for such worker's 6 compensation insurance the CONSULTANT has waived its right to recover from the 7 COUNTY, its officers, agents, and employees any amounts paid under the insurance policy 8 and that waiver does not invalidate the insurance policy; that such Commercial General 9 Liability insurance names the County of Fresno, its officers, agents and employees, 10 individually and collectively, as additional insured, but only insofar as the operations under 11 this Agreement are concerned; that such coverage for additional insured shall apply a 12 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY, 13 its officers, agents and employees, shall be excess only and not contributing with insurance 14 provided under the CONSULTANT's policies herein; and that this insurance shall not b 15 cancelled or changed without a minimum of thirty (30) days advance, written notice given t 16 the COUNTY. 17 All policies shall be issued by admitted insurers licensed to do business in the State 18 of California, and such insurance shall be purchased from companies possessing a current 19 A.M. Best, Inc. rating of A FSC VII or better. 20 The CONSULTANT agrees that the bodily injury liability insurance herein provided 21 for, shall be in effect at all times during the term of this Agreement. In the event said 22 insurance coverage expires at any time or times during the term of this Agreement, 23 CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said 24 expiration date; and a new Certificate of Insurance evidencing insurance coverage as 25 provided for herein, for not less than either the remainder of the term of the Agreement, or 26 for a period of not less than one (1) year. New Certificates of Insurance are subject to the 27 approval of COUNTY. 28 In the event the CONSULTANT fails to keep in effect at all times the insurance 21 1 coverages as required by this Article 10, the COUNTY may, in addition to any other 2 remedies it may have, suspend or terminate this Agreement upon occurrence of such 3 failure, or may purchase such insurance coverage and charge the cost of the coverage to 4 the CONSULTANT. The COUNTY may offset such charges against any amounts owed by 5 the COUNTY to the CONSULTANT under this Agreement. 6 11. AUDITS / RETENTION OF RECORD 7 A. The CONSULTANT shall at any time during business hours, and as often as the 8 COUNTY may deem necessary, make available to the COUNTY for examination all of its 9 records and data with respect to the matters covered by this Agreement. The 10 CONSULTANT shall, upon request by the COUNTY, permit the COUNTY to audit and 11 inspect all of such records and data, including but not limited to, the costs of administering 12 this Agreement, necessary to ensure the CONSULTANT'S compliance with the terms of 13 this Agreement (and compliance with Public Contract Code 10115, et seq. and Title 21, 14 California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable). 15 B. For the purpose of determining compliance with Gov. Code § 8546.7, the 16 CONSULTANT, its subconsultants, and COUNTY shall maintain all books, documents, 17 papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and 18 other evidence pertaining to the performance of the Agreement including, but not limited to, 19 the costs of administering the Agreement. All parties, including the CONSULTANT's 20 Independent CPA, shall make such workpapers and materials available at their respective 21 offices at all reasonable times during the Agreement period and for three (3) years from the 22 date of final payment under the Agreement. The COUNTY, Caltrans Auditor, FHWA, or any 23 duly authorized representative of the Federal government having jurisdiction under Federal 24 laws or regulations (including without limitation when such jurisdiction is based upon 25 Federal funding of the PROJECT in whole or in part) shall have access to any books, 26 records, and documents of the CONSULTANT, its subconsultants, and the 27 CONSULTANT's Independent CPA, that are pertinent to the Agreement for audits, 28 examinations, workpaper review, excerpts, and transactions, and copies thereof shall be 22 1 furnished if requested without limitation. It shall be the responsibility of the CONSULTANT 2 to ensure that all subcontracts in excess of$25,000 shall contain this provision. 3 C. This Article 11 survives the termination of this Agreement. 4 12. NOTICES 5 The delivery of all notices hereunder and communications regarding interpretation of 6 the terms of this Agreement and any proposed changes thereto, shall be accomplished by 7 sending an e-mail, addressed to the CONTRACT ADMINISTRATOR and the 8 CONSULTANT'S PROJECT MANAGER as identified on Pages 3 and 4 of this Agreement. 9 For all claims arising out of or related to this Agreement, nothing in this section establishes, 10 waives, or modifies any claims presentation requirements or procedures provided by law, 11 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the 12 Government Code, beginning with section 810). 13 13. GOVERNING LAW 14 Venue for any action arising out of or related to this Agreement shall only be in 15 Fresno County, California. 16 The rights and obligations of the parties and all interpretation and performance of 17 this Agreement shall be governed in all respects by the laws of the State of California. 18 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS 19 This provision is only applicable if the CONSULTANT is operating as a corporation 20 (a for-profit or non-profit corporation) or if during the term of this Agreement, the 21 CONSULANT changes its status to operate as a corporation. Members of the 22 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they 23 are a party to while the CONSULTANT is providing goods or performing services under this 24 Agreement. A self-dealing transaction shall mean a transaction to which the CONSULTANT 25 is a party and in which one or more of its directors has a material financial interest. 26 Members of the Board of Directors shall disclose any self-dealing transactions that they are 27 a party to by completing and signing a Self-Dealing Transaction Disclosure Form, attached 28 hereto as Appendix G and incorporated herein by reference, and submitting it to the 23 1 COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 2 15. ELECTRONIC SIGNATURE 3 The parties agree that this Agreement may be executed by electronic signature as 4 provided in this section. 5 A. An "electronic signature" means any symbol or process intended by an 6 individual signing this Agreement to represent their signature, including but not limited to: 7 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an 8 electronically scanned and transmitted (for example by PDF document) version of an 9 original handwritten signature. 10 B. Each electronic signature affixed or attached to this Agreement: (1) is 11 deemed equivalent to a valid original handwritten signature of the person signing this 12 Agreement for all purposes, including but not limited to evidentiary proof in any 13 administrative or judicial proceeding; and (2) has the same force and effect as the valid 14 original handwritten signature of that person. 15 C. The provisions of this section satisfy the requirements of Civil Code section 16 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 17 Part 2, Title 2.5, beginning with section 1633.1). 18 D. Each party using a digital signature represents that it has undertaken and 19 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs 20 (1) through (5), and agrees that each other party may rely upon that representation. 21 E. This Agreement is not conditioned upon the parties conducting the 22 transactions under it by electronic means and either party may sign this Agreement with an 23 original handwritten signature. 24 16. SUBCONSULTANTS 25 A. The CONSULTANT may retain, as subconsultants, specialists in such 26 engineering disciplines (including, but not limited to, structural, mechanical, transportation, 27 environmental, water resources, electrical, surveying and geotechnical) as the 28 CONSULTANT requires to assist in completing the work. The subconsultants listed in 24 1 Appendix H, attached hereto and incorporated herein, shall be considered as approved by 2 the CONTRACT ADMINISTRATOR. Any other subconsultants proposed for use by the 3 CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before 4 they are retained by the CONSULTANT, which approval shall not be unreasonably 5 withheld. 6 B. Should the CONSULTANT retain any subconsultants, the maximum amount o 7 compensation to be paid to the CONSULTANT under Article 5 shall not be increased. Any 8 additional compensation to be paid to the CONSULTANT for such subconsultants' work 9 shall be limited to administrative time as defined in the fee proposal. Additional fees other 10 than those defined in the fee proposal shall not be reimbursed. 11 C. CONSULTANT shall be as fully responsible to the COUNTY for the negligent 12 acts and omissions of its contractors and subcontractors or subconsultants, and of persons 13 either directly or indirectly employed by them, in the same manner as persons directly 14 employed by CONSULTANT. 15 D. Nothing contained in this Agreement shall create any contractual relationship 16 between the COUNTY and any of the CONSULTANT'S subconsultants, and no 17 subconsultant agreement shall relieve the CONSULTANT of any of its responsibilities and 18 obligations hereunder. The CONSULTANT agrees to be as fully responsible to the 19 COUNTY for the acts and omissions of its subconsultants and of persons either directly or 20 indirectly employed by any of them as it is for the acts and omissions of persons directly 21 employed by the CONSULTANT. The CONSULTANT'S obligation to pay its subconsultants 22 is a separate and independent obligation that is entirely unrelated to the COUNTY's 23 obligation to make payments to the CONSULTANT. 24 E. The CONSULTANT shall perform the work contemplated with resources 25 available within its own organization; and no portion of the work pertinent to this contract 26 shall be subcontracted without prior written authorization by the CONTRACT 27 ADMINISTRATOR, excepting only those portions of the work and the responsible 28 subconsultants that are expressly identified in Appendix H. 25 1 F. Any subcontract in excess of $25,000 entered into as a result of this 2 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to 3 subcontractors. 4 G. The CONSULTANT shall pay its subconsultants within fifteen (15) calendar 5 days from receipt of each progress payment made to the CONSULTANT by the COUNTY. 6 H. Any substitution of subconsultant(s) must be approved in writing by the 7 CONTRACT ADMINISTRATOR in advance of assigning work to a substitute 8 Subconsultant. 9 I. Prompt Progress Payment 10 The CONSULTANT or subconsultant shall pay to any subconsultant, not later than 11 fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in 12 writing, the respective amounts allowed CONSULTANT on account of the work performed 13 by the subconsultants, to the extent of each subconsultant's interest therein. In the event 14 that there is a good faith dispute over all or any portion of the amount due on a progress 15 payment from the CONSULTANT or subconsultant to a subconsultant, the CONSULTANT 16 or subconsultant may withhold no more than 150 percent of the disputed amount. Any 17 violation of this requirement shall constitute a cause for disciplinary action and shall subject 18 the licensee to a penalty, payable to the subconsultant, of two percent (2%) of the amount 19 due per month for every month that payment is not made. 20 In any action for the collection of funds wrongfully withheld, the prevailing party shall 21 be entitled to his or her attorney's fees and costs. The sanctions authorized under this 22 requirement shall be separate from, and in addition to, all other remedies, either civil, 23 administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants. 24 J. Prompt Payment of Withheld Funds to Subconsultants 25 The COUNTY may hold retainage from the CONSULTANT as provided in Article 5, 26 Section D. 27 1. If the COUNTY has elected to hold retainage for a PROJECT under 28 Article 5, Section D, the COUNTY shall hold retainage from the CONSULTANT and shall 26 1 make prompt and regular incremental acceptances of portions, as determined by the 2 COUNTY of the contract work and pay retainage to the CONSULTANT based on these 3 acceptances. The CONSULTANT or subconsultant shall return all monies withheld in 4 retention from all subconsultants within 15 days after receiving payment for work 5 satisfactorily completed and accepted including incremental acceptances of portions of the 6 contract work by the COUNTY. Any delay or postponement of payment may take place 7 only for good cause and with the COUNTY's prior written approval, in order to ensure 8 prompt and full payment of any retainage kept by the CONSULTANT or subconsultant to a 9 subconsultant. 10 Any violation of these provisions shall subject the violating CONSULTANT or 11 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of 12 the California Civil Code. This requirement shall not be construed to limit or impair any 13 contractual, administrative or judicial remedies otherwise available to the CONSULTANT or 14 subconsultant in the event of a dispute involving late payment or nonpayment by the 15 CONSULTANT or deficient subconsultant performance and/or noncompliance by a 16 subconsultant. This clause applies to both DBE and non-DBE subconsultants. 17 2. If the COUNTY has elected not to hold retainage for a PROJECT under 18 Article 5, Section D, no retainage will be held by the COUNTY from progress payments due 19 to the CONSULTANT; and in such case, the CONSULTANT and its subconsultants are 20 prohibited from holding retainage from their subconsultants. Any delay or postponement of 21 payment may take place only for good cause and with the COUNTY'S prior written 22 approval. 23 Any violation of these provisions shall subject the violating CONSULTANT or 24 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of 25 the California Civil Code. This requirement shall not be construed to limit or impair any 26 contractual, administrative or judicial remedies otherwise available to the CONSULTANT or 27 subconsultant in the event of a dispute involving late payment or nonpayment by the 28 CONSULTANT, or deficient subconsultant performance and/or noncompliance by a 27 1 subconsultant. This clause applies to both DBE and non-DBE subconsultants. 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. 28 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 29 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 30 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 31 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 32 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 33 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 2s 34 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) 35 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 9 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 36 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. 37 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 38 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. 39 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 40 1 41. SIGNATURES 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date 3 set forth above. 4 5 CONTRACTOR COUNTY OF FRESNO (Authorized Signature) Steven White, Director Digitally signed by Steve White 7 Department of Public Works and O Ryan W. Carlson / Principal Planning Print Name & Title 10 Lawrence Engineering Group 11 7084 North Maple Avenue, Suite 101 Fresno, CA 93720 12 APPROVED AS TO LEPAL FORM 13 14 V0 15 / 16 APPROVED AS TO ACCOUNTING 17 FORM Oscar J. Garcia, CPA, 18 Auditor-Controller/Treasurer- Tax Collector 19 " 20 By: 31 22 Fund: 0001 /0010 / 0400 / 0700 /0701 / 0710 / 0720 / 0801 23 Subclass: 1O000 / 110@O / 15000 / 15001 / 1690O / 10052 /10053 / 10061 / 10063 / 1OD8- ) 10067 24 Orm: 4380/4365/45104511 /45104512 /45104513/45104514 /7205/ 7910 /8852 /885 25 / 8861 /8883 / 8885 /8867 / 9015 / 9020 / 9028 / 9028 / 9140 %S AcCoUOt72g5 27 28 41 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: Lawrence Engineering Group 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 Building Plan Checking Certified Access Specialist (CASP) Certification Civil Engineering Construction Management Cost Estimating 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 X 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. 2of10 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 Plumbing and Mechanical Engineering........................................................................4 On-Call Services ............................................................................................................. 5 TechnicalReports........................................................................................................ 5 Preparation of Various Reports and Studies................................................................ 5 Preliminary Engineering............................................................................................... 6 Prepare Design Plans, Technical Specifications and Construction Estimate............... 6 Construction Observation ............................................................................................ 8 3of10 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 Plumbing and Mechanical Engineering 1. Provide Plumbing and Mechanical engineering design, drawings, specifications, and Title 24 calculations. Plumbing and Mechanical consultant will be expected to review and respond to related RFIs and Submittals during Bidding and Construction. 2. Preliminary evaluation and recommendations with regard to Plumbing and Mechanical Systems in existing facilities. 4of10 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; 5of10 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. Preliminary Engineering Applies to the following disciplines: Architectural Design and Drafting Civil Engineering Electrical Engineering Landscape Architecture Plumbing and Mechanical Engineering Solid Waste (Landfill) Structural Engineering Traffic Engineering Water Resources Description of Work 1. 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; and 2. Prepare site plans and grading plans identifying basis of bearing, location of benchmark used and source of elevation (vertical) datum. Prepare Design Plans, Technical Specifications and Construction Estimate Applies to the following disciplines.- Architectural Design and Drafting Civil Engineering Electrical Engineering Landscape Architecture Plumbing and Mechanical Engineering Solid Waste (Landfill) Structural Engineering Traffic Engineering Water Resources General Description of Work 1. Complete fully the project designs to include comprehensive construction plans, earthwork volumes, required permits, technical specifications, cross-sections and final opinion of probable construction cost (Engineer's Estimate) for construction. 2. Apply urban design principals that meet the needs of the individual communities. 6of10 Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 3. Submit the recommended construction period for bidding purposes to the County for approval and identify materials and equipment requiring long delivery times that will control the length of the construction Agreement. 4. Prepare addenda as necessary for bid documents. Requirements of Specified Services When Requested The CONSULTANT shall: 1. Ascertain the requirements for the assigned PROJECT(S) through meetings with the PROJECT ADMINISTRATOR and a review of an existing schematic layout of the PROJECT(S). 2. Ascertain any requirements, unforeseen criteria, or issues for the PROJECT(S) that may be unknown to the PROJECT ADMINISTRATOR and communicate these requirements, criteria, or issues to the PROJECT ADMINISTRATOR. 3. Design the PROJECT(S) to conform to requirements of the reviewing agencies having jurisdiction over the PROJECT(S). 4. Design PROJECT(S) to include mitigation measures as required or specified in the environmental documents. 5. Monitor and keep the PROJECT ADMINISTRATOR informed regarding the impact of design issues on the PROJECT budget. Upon the written request, the CONSULTANT shall incorporate into the design, such reasonable design and operational changes as the PROJECT ADMINISTRATOR deems appropriate as a result of the COUNTY'S review processes and impact on each PROJECT budget or estimate. 6. Assist the COUNTY in determining all permits that maybe required for the PROJECT and prepare all necessary permits for the COUNTY'S submittal to outside agencies. 7. Work with the PROJECT ADMINISTRATOR to ensure that the plans, specifications and estimate meet all requirements to be advertised for construction bids. 8. If required by approval agencies or PROJECT ADMINISTRATOR, submit to the COUNTY in the appropriate agency forms, the PROJECT background information and recommended testing and inspection list for materials to be used, identifying type, quantity, frequency, and schedule, for each PROJECT. Submit required numbers of sets of plans, specifications, and other documents required by approval agencies to the PROJECT ADMINISTRATOR. 9. Submit to the PROJECT ADMINISTRATOR plans, specifications and estimates for review in the formats, quantities, and delivery methods delineated in Appendix C. Prior to submission of plans, the CONSULTANT shall request from the PROJECT ADMINISTRATOR examples of acceptable drafting format and reproducible standards. 7of10 Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services Verification of compatible format will be required prior to final file delivery. The PROJECT ADMINISTRATOR, at his/her discretion, may reject a submittal that is determined insufficient. 10. The original drawings and specifications index sheet shall be stamped by a seal with the CONSULTANT'S and subconsultant's license numbers and/or signed in accordance with the California Business and Professions Code. 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 8of10 Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services e. Assist the Department, at the Department's express, written authorization, with any claim resolution process involving the Department's construction contractor 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. 9of10 Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 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 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. 10 of 10 Appendix C L A W R E N C E ENGINEERING GROUP PROFESSIONAL SUMMARY An industry professional since 1996, Ryan spent his early career as a design engineer working for a design build mechanical contractor. His close interaction with field personnel set a foundation for practical, efficient and sustainable designs. Ryan is licensed as a Mechanical Engineer in five states and is recognized by the U.S. Green Building Council as a LEED Accredited Professional for Building and Construction. Ryan's wide-ranging experience includes projects such as large hospitals, institutional buildings and school campuses. PROFESSIONAL EXPERIENCE Ryan W. Carlson, Principal/Mechanical Engineer I Lawrence Engineering Group PE / Principal Fresno, CA 12017—Present Mechanical Engineer Partner/Mechanical Engineer I Lawrence-Nye-Carlson Associates Fresno, CA 1 2011-2017 REGISTRATIONS Mechanical Engineer I Teter and Associates ■CA#M34846 ■TX#117405 Fresno,CA 1 2010-2011 ■ ND#PE-8123 ■ OR#88233PE Mechanical Engineer I Lyles Mechanical Company ■AK#ME-14350 ■ LEED AP BD+C Fresno,CAI 2009-2010 HVAC Design Engineer/Project Manager I New England Sheet Metal EDUCATION Works,Inc. BSME—Energy Emphasis Fresno, CA 1 1996-2009 California State University, Fresno 1 1998 AFFILIATIONS • American Society of Heating, Refrigerating,and Air Conditioning Engineers(ASHRAE) • Member,Two Time Past President San Joaquin Chapter, Board of Governor, Region X Chapters Regional Conference Chairman • California State University Fresno, Lyles College of Engineering Advisory Council • Department of Mechanical Engineering Advisory Council • Past Chair Department of Mechanical Engineering Advisory Council • American Council of Engineering Companies(ACEC)—Past President, San Joaquin Chapter • American Society of Plumbing Engineers (ASPE), Member 7084 North Maple Avenue—Suite 101, Fresno, California 93720 1 559.431.0101 1 LEGFresno.com L A W R E N C E ENGINEERING GROUP PROFESSIONAL SUMMARY Michael has 35 years of experience in project management and design of mechanical systems for multiple business sectors with many years working with higher education clients. Michael has worked as a design engineer on many projects at California State University, Fresno. Michael is versed in project administration, existing facilities review/evaluation, master planning, establishing design criteria and basis of design,operational efficiency review,energy analysis/life cycle cost analysis, project budgeting, indoor environmental air quality,construction documentation preparation, equipment specification, coordination of consultants,value engineering analysis, Michael D. Cantelmi, bidding/negotiations consultation,and construction P.E. / Principal administration. Mechanical Engineer PROFESSIONAL EXPERIENCE REGISTRATIONS Principal/Mechanical Engineer I Lawrence Engineering Group CA#M23588 Fresno, CA 12017—Present Principal/Mechanical Engineer Mechanical Design Concepts, EDUCATION Inc. BSME Fresno,CA 1 2003-2017 California Polytechnic State University, Mechanical Department Manager/Mechanical Engineer San Luis Obispo 1 1981 Teter Consultants Fresno,CA 1 1998-2003 AFFILIATIONS Mechanical Engineer I Lawrence Nye Becker • American Society of Heating, Fresno,CA 1 1990-1998 Refrigerating,and Air Conditioning Engineers(ASHRAE), Past President, Mechanical Engineer I Donald R. Lawrence Associates Fresno,CA 1984-1990 Board of Governors • California Society for Healthcare Engineer in Training I Donald R. Lawrence Associates Engineering(CSHE) Fresno,CA 1 1981-1984 • Christians in Commerce, Past President • Mentor-CSUF 7084 North Maple Avenue—Suite 101, Fresno, California 93720 1 559.431.0101 1 LEGFresno.com L A W R E N C E ENGINEERING GROUP PROFESSIONAL SUMMARY Engaged in client development and design of HVAC systems for educational, healthcare, public, commercial, industrial and residential buildings. Responsible for the project management and coordination of the projects. PROFESSIONAL EXPERIENCE Senior Mechanical Engineer-Associate I Lawrence Engineering Group Fresno,CA 12017—Present HVAC Design Engineer-Associate I Lawrence-Nye-Carlson Associates Fresno,CA 1 2011-2017 HVAC Design Engineer I Lawrence-Nye-Andersen Associates Leon H. Brown Fresno,CA 1 1998-2011 Senior Mechanical Designer HVAC Design Engineer I Lawrence-Nye-Becker Associates Fresno,CA 1 1991-1998 EDUCATION HVAC Drafting Technician I Donald R. Lawrence,Inc. Associate of Science—Building Technology Fresno,CA 1 1980-1991 Fresno City College, Fresno 1 1978 HVAC Draftsman I Donald R. Lawrence,Inc. AFFILIATIONS Fresno,CA 1 1978-1980 • American Society of Heating, Refrigerating,and Air Conditioning Engineers(ASHRAE), Member, 7084 North Maple Avenue—Suite 101, Fresno, California 93720 1 559.431.0101 1 LEGFresno.com L A W R E N C E ENGINEERING GROUP PROFESSIONAL SUMMARY As a Plumbing Designer, Educator and Family man by day and night, David's extensive design experience dating back to college years of the mid-1990's has proven consistent quality design output. His design experience is complemented by years of BIM coordination and 3D software while working side-by-side with Plumbing field personnel and Engineers. His strategy prioritizes efficiency and standardization while minimizing field constructability issues prior to the first shovel at ground breaking. David is an active member of ASPE,and determined to excel in continued education and construction code for all aspects of Plumbing. Project experience encompasses multiple genres of structures from hospitals, multi-story offices,technical trades, and school campuses. David Murov Plumbing Designer PROFESSIONAL EXPERIENCE EDUCATION Plumbing Designer I Lawrence Engineering Group Fresno,CA 12017—Present BSIT—CAD Management California State University, Fresno � 1999 Plumbing Designer I Lawrence-Nye-Carlson Associates Fresno,CA 1 2013-2017 AFFILIATIONS Piping&Project Coordinator I New England Mechanical,Inc. American Society of Plumbing Engineers Fresno,CA 1 2007-2013 (ASPE), Member Plumbing Design Assist&Design I Independent Plumbing Company Fresno,CA 1 2000-2007 TECHNOLOGY AutoCAD Principals&Methods I Teaching Assistant • Autodesk Revit(thru v2020) California State University,Fresno • AutoCAD&AutoCAD MEP(thru v2020) Fresno,CA 2000 • Navisworks Manage(thru v.2020) Draftsperson Kenyon Drafting and Design • CADmep+(formally CADMech) Clovis,CAI 1999-2000 Engineer Assistant I The Vendo Company • Microsoft Office or similar Fresno,CA 1 1999 7084 North Maple Avenue—Suite 101, Fresno, California 93720 1 559.431.0101 1 LEGFresno.com L A W R E N C E ENGINEERING GROUP PROFESSIONAL SUMMARY Ed began his career in fire protection in 1989,starting out in purchasing I and then moving up the ranks into database creation,fabrication shop management, design,fire design consulting,and serving as an instructor for MEPCAD AutoSprink Design Software. Ed has extensive experience and expertise in fire suppression systems design, systems analysis,and code and standards interpretation and integration. Ed understands the dynamics of a Fire Protection System Design from the architect,engineer, and contractor perspectives. PROFESSIONAL EXPERIENCE Ed Long - CFPS, CET Senior Fire Protection Designer Lawrence Engineering Group Senior Fire Protection Designer Fresno,CA 12016—Present Senior Fire Protection Designer Lawrence Nye Carlson Associates REGISTRATIONS Fresno,CA 12016 NFPA Certified Fire Protection Specialist Fellow Senior Designer I COSCO Fire Protection No.2924 ANSI 0708 Fresno,CA 12015 NICET LEVEL III MEPCAD Training and Development—AutoSPRINK FP Software Water Based System Layout I Issued 2011 Henderson, NV 1 2014 NICET LEVEL II Senior Fire Protection Designer Lawrence Nye Andersen Associates Inspection and Testing of Water-Based Fresno,CA 1 2012-2013 Systems I Issued 2011 Senior Fire Protection Designer Jerico Fire Protection Fresno,CA 1 1998-2012 NICET LEVEL 1 Purchasing Agent/Design Technician I Jerico Fire Protection Special Hazards Suppression Systems Fresno,CAI 1988-1998 Issued 2011 EDUCATION Computer Aided Design/Marketing Fresno City College AFFILIATIONS National Fire Protection Association TECHNOLOGY • AutoSPRINK Fire Design • AutoCad/ProgeCad • Nitro Pro • Bluebeam • Navis Manage • Revit • Tol-Brace Seismic 7084 North Maple Avenue—Suite 101, Fresno, California 93720 1 559.431.0101 1 LEGFresno.com Lw L A W R E N C E ENGINEERING GROUP PROFESSIONAL SUMMARY Engaged in client development and plumbing design/build work for industrial, educational, healthcare, public, commercial, and residential buildings. Responsible for the project management, initial client project planning, budget preparation, final estimates, unit cost reporting, analysis of labor, material procurement, allocation of construction labor and coordination of the project plumbing design team. PROFESSIONAL EXPERIENCE Ronald M. Moore, CPD Senior Plumbing Designer l Lawrence Engineering Group Senior Plumbing Designer Fresno,CA 12017—Present Plumbing Designer/Project Manager I Lawrence Nye Carlson Associates REGISTRATIONS Fresno,CA 1 2012-2017 Certified Plumbing Designer#29272 Plumbing Designer/Estimator/Project Manager I Lyles Mechanical Co. Fresno,CA 1 2007-2012 EDUCATION Plumbing Designer/Estimator/Project Manager I New England Pacific Union College,Angwin, CA Mechanical Co. Union College, Lincoln, NE Fresno,CA 1 1996-2012 AFFILIATIONS Plumbing Designer I John Frank Mitchell, Inc. Fresno,CA 1 1987-1996 • American Society of Plumbing Engineers (ASPE),Member • California State University, Fresno Lecturer, Mechanical Systems(2001-2006) 7084 North Maple Avenue—Suite 101, Fresno, California 93720 1 559.431.0101 1 LEGFresno.com L A W R E N C E ENGINEERING GROUP PROFESSIONAL SUMMARY Steve has nearly 50 years of mechanical engineering experience. He has served as project engineer on a wide variety of projects, including design for industrial,commercial, institutional,educational, residential, and Vb 4t*- public facilities.Steve has been responsible for heating,ventilating, air conditioning, piping, plumbing,site utilities,specification writing,and fire protection systems. PROFESSIONAL EXPERIENCE Senior Mechanical Engineer I Lawrence Engineering Group Fresno,CA 12017—Present President I Mechanical Design Concepts,Inc. Fresno,CA 2003-2017 Stephen A. Becker, P.E. Partner ITeter Consultants Mechanical Engineer Fresno,CA 1998-2003 Vice President I Lawrence Nye Becker REGISTRATIONS Fresno,CA 1986-1998 CA 16029 Project Mechanical Engineer Donald R. Lawrence Associates Fresno,CA 1 1979-1986 EDUCATION Project Mechanical Engineer Schoenwald-Thomas-Harris MSME Fresno,CA 1 1973-1979 University of California at Los Angeles 1970 Mechanical Engineer I Hughes Aircraft Company Fullerton,CA 1 1970-1973 BSME California State University, Fresno 1972 Engineer Instructor I California State University,Fresno Fresno,CA 1977-1980 AFFILIATIONS • American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc. • ASHRAE Fellow, Past Chapter President • CSI Member, Past Professional Director • City of Fresno Building Commission/Joint Advisory and Appeals Board Member • California State Board of Registration— Mechanical Advisory Committee Member • State Center Community College Foundation Board Member • California State University, Fresno— Engineering Alumni Board Member 7084 North Maple Avenue—Suite 101, Fresno, California 93720 1 559.431.0101 1 LEGFresno.com K-12 L A W R E N C E ENGINEERING GROUP PERSONNEL ENGINEERING Erik Ruiz—Mechanical Designer Michael D.Cantelmi, P.E.—Principal/Mechanical Engineer BSME,CSU Fresno I Joined firm in 2020 BSME,Cal Poly, San Luis Obispo I Joined firm in 1984 Creighont C.Whaley—Mechanical Designer Ryan W.Carlson, P.E.—Principal/Mechanical Engineer BSME,CSU Fresno/AS, Fresno City College BSME,CSU Fresno I Joined firm in 2011 Joined firm in 2016 Leon H. Brown—Senior Mechanical Designer Anthony Kupina—Mechanical Designer AS, Fresno City College I Joined firm in 1978 BSME,CSU Fresno I Joined firm in 2017 Ed R. Long, NFPA CFPS,CET Gary S. Hughes, PE.—Senior Mechanical Engineer Senior Fire Protection Designer BSME,CSU Fresno I Joined firm in 2000 Joined firm in 2013 Ann R. Heiniger, P.E.—Senior Mechanical Engineer Dave A.Oustad, P.E.—Senior Mechanical Engineer BSME,Texas A&M University I Joined firm in 1990 BSME,CSU Fresno I Joined firm in 1976 William T.Cook—Construction Administration DRAFTING BSME,CSU Fresno I Joined firm in 2003 John L.Walling—Drafting Technician David T. Murov—Plumbing Designer Sawyer College,Ventura/Fresno City College BSIT, CSU Fresno I Joined firm in 2013 Joined firm in 1979 Anthony R. Bischel, P.E.—Mechanical Engineer Armando Padilla,Jr.—Drafting Technician BSME,CSU Fresno I Joined firm in 2013 Clovis Community College I Joined firm in 2021 Baltazar J. Burns—Fire Protection Designer Nicklaus Heppner—Drafting Technician BA, CSU Fresno I Joined firm in 2013 Fresno City College I Joined firm in 2021 Paul Xiong, P.E.—Mechanical Engineer Anthony Amorino—Drafting Technician BSME,CSU Fresno I Joined firm in 2017 Clovis Community College I Joined firm in 2021 Benjamin J. Long—Fire Protection Designer Anthony J. Mancini—Drafting Manager Joined firm in 2013 Reedley College, Fresno I Joined firm in 2019 Dalton B.Smith—IT Manager/Specifications Timothy A. Long—Drafting Technician Joined firm in 1980 Joined firm in 2017 Stephen A. Becker, P.E. Senior Mechanical Engineer, Fellow COMMISSIONING BSME,CSU Fresno I Joined firm in 1979 Muey Tarvin—Commissioning Agent/Partner Wayne McCracken, P.E.—Mechanical Engineer BSIE, CSU Fresno I Joined firm in 2016 BSME,CSU Fresno I Joined firm in 2019 Jose S.Jaime—Construction Administration ADMINISTRATIVE AS, ITT Technical Institute I Joined firm in 2016 Ezequiel Fregoso, P.E.—Mechanical Engineer Serena C.Cantelmi—Administrative Staff BSME,CSU Fresno I Joined firm in 2017 BA, UC Irvine �Joined firm in 2012 Logan Costa-Smith, P.E.—Mechanical Engineer Susan Staicer—Business Manager BSME, Santa Clara University I Joined firm in 2018 CSU Fresno �Joined firm in 2018 Eric Smith—Mechanical Designer Tahiea E. Fortmeyer—Financial Analyst BSME,CSU Fresno I Joined firm in 2021 BSBA, CSU Fresno I Joined firm in 2013 David L. Sylvester—Plumbing Designer Kimberly Enns—Office Administrator Fresno City College I Joined firm in 2017 Joined firm in 2020 Michael D. Cantelmi, P.E.—Principal 7084 North Maple Avenue—Suite 101 Ryan W. Carlson, P.E.—Principal Fresno, California 93720 1559.431.0101 LEGFresno.com L A W R E N C E ENGINEERING GROUP Organizational Information The Principals of Lawrence Engineering Group are Ryan W. Carlson, P.E. and Michael D. Cantelmi P.E. firm Principals since the firm was established in 2017. Organizational Chart Ryan W. Carlson, P.E Michael D. Cantelmi P.E Engineering Support Staff Plumbing - F.S. - HVAC Designers Financial/Office Manager Specifications Writer Executive Secretary Drafting Technician Construction Administration Every project is reviewed by the firm principals, Michael D. Cantelmi, P.E. and Ryan W. Carlson, P.E. Only the principal stamps and signs project documents as suggested by our liability insurance carrier. Every project is also assigned to a project manager/design engineer (key personnel). These individuals provide the final product as initiated by the principal with the help of the technical staff. The principal assists and monitors the progress of the project at all times. This approach is known as the "team concept" and provides very thorough, high quality results. Ryan W.Carlson, P.E. I Michael D.Cantelmi, P.E. 7084 North Maple Avenue -Suite 101 1 Fresno,California 93720 1 559.431.0101 1 LEGFresno.com 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 Lawrence Engineering Group ® Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant Project No. N/A Contract No. N/A Participation Amount$ N/A Date_3/22/2022 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification) Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight3 OT(1.5x) OT(2x) From To Hourly Rate4 Increase for Classifications Only Senior Mechanical Engineer $190.00 $285.00 $380.00 01/01/2022 12/31/2022 $190.00 Not Applicable $195.00 $293.00 $536.00 01/01/2023 12/31/2023 $195.00 3.0% $201.00 $303.00 $604.00 01/01/2024 12/31/2024 $201.00 3.0% Mechanical Designer $120.00 $180.00 $240.00 01/01/2022 12/31/2022 $120.00 Not Applicable $124.00 $186.00 $248.00 01/01/2023 12/31/2023 $124.00 3.0% $128.00 $192.00 $256.00 01/01/2024 12/31/2024 $128.00 3.0% Commissioning Authority $145.00 $217.50 $290.00 01/01/2022 12/31/2022 $145.00 Not Applicablc $150.00 $225.00 $300.00 01/01/2023 12/31/2023 $150.00 3.0% $155.00 $232.50 $310.00 01/01/2024 12/31/2024 $155.00 3.0% Construction Administration $110.00 $165.00 $220.00 01/01/2022 12/31/2022 $110.00 Not Applicable $113.00 $169.50 $226.00 01/01/2023 12/31/2023 $113.00 3.0% $117.00 $175.50 $234.00 01/01/2024 12/31/2024 $117.00 3.0% Drafting Technician $90.00 $135.00 $180.00 01/01/2022 12/31/2022 $90.00 Not Applicable $93.00 $139.50 $186.00 01/01/2023 12/31/2023 $93.00 3.0% $95.00 $142.50 $190.00 01/01/2024 12/31/2024 $95.00 3.0% (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 1 of 3 Non-Federal Cost Proposal NON FEDERAL-COST PROPOSAL SPECIFIC RATE OF COMPENSATION Consultant Lawrence Engineering Group © Prime Consultant ❑ Subconsultant Project No. N/A Contract No. N/A Date_3/22/2022 SCHEDULE OF OTHER COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs - Mile $0.70 $ Equipment Rental and Supplies $ $ Permit Fees $ $ Plan Sheets $ $ Test $ $ Vehicle $ $ Subconsultant 1: 15%Mark-up from their Proposal $ Subconsultant 2: 15%Mark-up from their Proposal $ Subconsultant 3: 15%Mark-up from their Proposal $ Subconsultant 4: 15%Mark-up from their Proposal $ Subconsultant 5: 15%Mark-up from their Proposal $ 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 2 of 3 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: Ryan Carlson Title *: Principal Signature : Date of Certification(mm/dd/yyyy): 3/22/2022 Email: ryan(c Iegfresno.com Phone Number: 559-431-0101 Address: 7084 N.Maple Ave. Suite 101. Fresno, CA 93720 *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: Mechanical Engineering HVAC Engineering Plumbing Engineering Fire Sprinkler Engineering Commissioning Page 3 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: Ryan W. Carlson Date: 6/21/22 Job Title: Principal (2)Company/Agency Name and Address: Lawrence Engineering Group 7084 N. Maple Ave Suite 101 Fresno, CA 93727 (3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to): No known transactions. (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a): (5)Authorized Signature Signature: Date: 06/21 /2022 Subconsultants — Appendix H None. County of Fresno Architucturai-and ErTgin7e-e�ng Consultant and Other Related Services - Appendix I Resolution No. 07-525 1 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 Code for All County ) 7 Departments ) s 9 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 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 Fresno,California 1 - 1 County of Fresno Architectural and Engineering Consultant and OtheF Related Services Appendix I 1 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 6 shall be the filing officer. 7 2. As required b Government Code section 87500, subdivision q y Q), all other 8 department heads shall file one original of their statements with their departments. The filing 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. 13 Adopted at a regular meeting of the Board of Supervisors, held on the 2nd day of 14 October, 2007, by the following vote, to wit: 15 Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston 16 Noes: None 1 17 Absent: None 18 19 F 20 Chairman, Board of Supervisors 21 22 Attest: 23 _0/ 24 (�J� 25 Clerk 26 I 27 I 28 i COUNTY OF FRESNO Fresno,Cellfarnia 2 County of Fresno Fresno,California cod, County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I Conflict of Interest Code [n Email Me] r'I Double click! Local Agency Annual / Biennial Report In accordance with Government Code Section 87306.5, this department has reviewed its Conflict of Interest Code and has determined that (check one of the following): 1. ❑ Our department's Conflict of Interest Code accurately designates all positions within our department which make or participate in the making of decisions which may foreseeably have a material effect on any financial interest; and the disclosure category assigned to each such position accurately requires the disclosure of all of the specific types of investments, business positions, interests in real property, and sources of income that are reportable under Government Code Section 87302 ("reportable under Government Code Section 87302" means: an investment, business position, interest in real property, or source of income shall be made reportable by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of his or her position); or, 2. ® Our department's Conflict of Interest Code is in need of amendment. We have determined that the following amendments are necessary (check applicable items, and refer to Exhibits "A" and "B" for detail if appropriate): A. ❑ Include new positions (including consultants) that must be designated. B. ❑ Include or delete positions because changes in duties. C. ❑ Include positions that manage public investments. D. ❑ Revise disclosure categories. E. ❑ Revise the titles of existing positions. F. ❑ Delete titles of positions that have been abolished. G. ❑ Other (describe) CONTACT PERSON DEPARTMENT Sam Mann Public Works and Planning I hereby approve the foregoing reported information for our department: stwhite 12/13/2021 4:01:37 PM [a Sign] Double click! Department Head Signature/Date Note: Government Code Section 87306 requires that when an agency (e.g., your department) has determined that amendments or revisions are necessitated by changed circumstances, the amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances have become apparent. 3 County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I EXHIBIT "A" PUBLIC WORKS AND PLANNING Classification Category Accountant I / II 2 Architect 1 Assistant Dorontnr of D--blir+ \A/orbs & Dlanninn- Planning and Resource Management Official. 1 Building Inspector I / II 1 Building Plans Engineer 1 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 / II / III 1 Housing Rehabilitation Specialist I / 11 1 Information Technology Analyst I / 11 / 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 1 Public Works Division Engineer 1 Resources Division Manager 1 Right-of-Way Agent II / III 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 Senior Staff Analyst 1 4 County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I Classification Category Staff Analyst I / 11 / III 1 Supervising Accountant 1 Supervising Architect 1 Supervising Building Inspector 1 Supervising Engineer 1 Supervising Water/Wastewater Specialist 1 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. 5 County of Fresno Architectural and Engineering Consultant and Other Related Services Appendix I 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. 6