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HomeMy WebLinkAboutAgreement A-15-605 with Bedrock Engineering Utility Locating.pdf 15-1669 Agreement No. 15-605 AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 THIS AGREEMENT is made and entered into this "-day of0M`' u)ey', 20-, 2 between the County of Fresno, a political subdivision of the State of California, (hereinafter 3 called "COUNTY"), and Bedrock Engineering, a California corporation, located at 36961 4 Avenue 12, Madera, CA 93636 (hereinafter called "CONSULTANT"). 5 WITNESSETH : 6 WHEREAS, the COUNTY desires to retain a CONSULTANT Utility Locating Service 7 to assist the COUNTY Capital Projects Division Manager or his/her designated Project 8 Manager in completing various projects and advanced planning for future projects in the 9 COUNTY's Capital Improvement Programs and other COUNTY projects; and 10 WHEREAS, consistent with COUNTY Ordinance Code Chapter 4.10 and the Board of 11 Supervisors' adopted policy governing the selection of architects, engineers, and other 12 professionals, a selection committee selected said CONSULTANT to provide the COUNTY 13 with Utility Locating Services for said projects; and 14 WHEREAS, the COUNTY Capital Projects Division Manager or his/her designated 15 Project Manager shall administer this Agreement; and 16 WHEREAS, the professional Utility Locating Services of the CONSULTANT may be 17 utilized by the Department of Public Works and Planning and other COUNTY Departments; 18 and 19 WHEREAS, staffing levels of COUNTY personnel may not be sufficient to perform 20 Utility Locating Services for all projects, and 21 WHEREAS, said CONSULTANT represents that it is qualified and willing to perform 22 Utility Locating Services. 23 NOW,THEREFORE,the parties hereto have and by these presents do agree as follows: 24 I. CONTRACTING OF CONSULTANT: BASIC PARAMETERS: 25 A. The COUNTY hereby contracts with the CONSULTANT as an independent 26 contractor to provide Utility Locating Services as described in Article II and enumerated in 27 Article III herein. 28 B. The CONSULTANT's services shall be performed as expeditiously as is Page 1 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 consistent with professional skill and the orderly progress of the work, based on project 2 schedules prepared by the COUNTY Capital Projects Division Manager or his/her designated 3 Project Manager. 4 C. The CONSULTANT shall notify the COUNTY of the names and classifications 5 of employees assigned to a project, and shall not change such assignments without prior 6 notification to and approval by COUNTY. 7 D. If requested by the COUNTY, the CONSULTANT shall retain qualified 8 subconsultant(s) to assist in completing the work. All subconsultants used by the 9 CONSULTANT shall be approved by the COUNTY before they are retained by the 10 CONSULTANT, which approval shall not be unreasonably withheld. Should CONSULTANT 11 retain subconsultants, the maximum Total Fee compensation that may be paid to 12 CONSULTANT hereunder, as specified in Article V below, shall not be increased. 13 E. The CONSULTANT shall not submit bids, or sub-bids, for the contract 14 construction phase of any project for which CONSULTANT provides services hereunder. The 15 CONSULTANT, and all other service providers, shall not provide any project related services 16 for, or receive any project related compensation from any construction contractor, subcontractor 17 or service provider awarded a construction contract for all or any portion of any project for 18 which CONSULTANT provides services hereunder. The CONSULTANT, and all other service 19 providers, may provide services for, and receive compensation from a construction contractor, 20 subcontractor or service provider who has been awarded a construction contract for all or any 21 portion of such a project, provided that such services are provided for, and compensation 22 received for,work outside the scope of this Agreement. 23 The contact person(s)for the CONSULTANT shall be: 24 Name: Michael S.Hartley Position: President 25 Telephone: (559) 645-4849 Fax: (559)645-4869 26 E-Mail: mike c@bedrockeng com 27 H. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT: 28 A. The work covered by this Agreement is for all or a portion of the services Page 2 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 enumerated under Article III for various projects on an as needed basis. The CONSULTANT 2 agrees to provide the professional services that are necessary for each project when expressly 3 authorized in writing by the Capital Projects Division Manager or his/her designated Project 4 Manager. Such work by CONSULTANT shall not begin until CONSULTANT has received a 5 written Notice to Proceed from COUNTY authorizing the necessary project services,the agreed 6 upon not-to-exceed fee for the project in accordance with the approved hourly fee schedule 7 (Exhibit A, attached) and scope of work. All submittals of documents associated with the 8 project by the CONSULTANT will be made in both hard copy and electronic format. 9 III. CONSULTANT'S SERVICES: 10 A. Utility and Substructure Locating Services: 11 The CONSULTANT shall for each project: 12 1. Take direction from COUNTY staff concerning the project's parameters. COUNTY 13 shall provide CONSULTANT with instructions, or may rely on CONSULTANT's professional 14 judgment and experience to define procedures, accuracy standards and equipment required. If 15 at any time, CONSULTANT disagrees with the COUNTY's instructions, such disagreement 16 must be registered in writing and the COUNTY will attempt to reconcile such disagreement. If 17 it is impossible to make reconciliation, the written disagreement will become a part of the 18 project record. However, CONSULTANT shall then comply with the COUNTY's instructions. 19 2. Consult, communicate, and meet with COUNTY as often as necessary, to verify, 20 refine, and complete the project requirements and review the progress of the project. 21 CONSULTANT shall prepare complete minutes of meetings attended, including any direction 22 provided to CONSULTANT by the COUNTY, and shall provide a copy of all such minutes to 23 the COUNTY at least four(4)days in advance of the next progress meeting. 24 3. For projects on properties owned, leased or managed by the COUNTY, review and 25 evaluate all COUNTY provided plans, drawings and reports. Interview COUNTY staff as 26 needed for additional information about the location of utility and communication lines and , 27 subsurface structures. 28 4. Contact the COUNTY (Capital Projects Division) to schedule site access and make necessary arrangements. Page 3 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 5. For projects within the public right-of-way, consult with the COUNTY Department 2 of Public Works and Planning for references to documents that may assist in locating 3 underground utilities. Also contact the Utility Service Alert (USA) and/or utility providers for 4 pertinent information. 5 6. Visually inspect the site for physical features such as hydrants, manhole covers, 6 sumps, pull boxes, splice boxes, meter boxes, valves, trench lines and access ways that may 7 identify the location and path of utility and communication lines. g 7. Conduct field investigation using electronic and/or mechanical locating instruments 9 to locate and document utility and communication lines and subsurface structures. 10 8. Paint indicators on the surface dirt, pavement and concrete using industry-standard 11 color codes and labels for identification. 12 9. Prepare utility site plan showing location and depth of utility and communication 13 lines and subsurface structures. Plans shall be prepared on a CAD system acceptable to the 14 COUNTY (such as AutoCAD or DataCAD) and submitted to the COUNTY on 24" by 36" 15 sheets,or other size approved by COUNTY. 16 10. Prepare a report comparing results of field investigation with information shown on 17 COUNTY's existing plan(s). All text documents shall be prepared on electronic files capable of 18 being opened by Microsoft Word 2010 word-processing software and submitted to COUNTY 19 on 8%Z"by 11"pages. 20 11.Provide a daily diary of services provided including invoices of employee and 21 survey crew hours worked. 22 12. Upon completion of construction, obtain from the Construction Contractor 23 ("Contractor") all information necessary to document all changes made to existing utility and 24 communication lines and subsurface structures and proceed to transfer the changes made during 25 construction from Contractor's field drawing changes onto the utility site plan or the record 26 drawing set. The utility site plan and complete record drawing set shall remain at all times the 27 property of the COUNTY. Changes shall be identified by cloud markings and shall identify 28 date of change and its source,such as from addenda, change order,or clarification. 13.No final payment to the CONSULTANT for the project will be issued until the Page 4 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 services authorized by the COUNTY have been performed, and all perceived errors or 2 omissions attributed to the CONSULTANT have been resolved. 3 IV. COUNTY'S OBLIGATIONS: 4 The COUNTY will,for each project: 5 A. Compensate the CONSULTANT as provided in this Agreement. 6 B. Provide a "COUNTY Representative" who will represent the COUNTY and who 7 will coordinate with the CONSULTANT as appropriate to facilitate CONSULTANT'S 8 performance of its obligations under this Agreement. The COUNTY Representative will be the 9 Capital Projects Division Manager or his/her designated representative through award of the 10 construction contract and the COUNTY Construction Engineer after award of the construction 11 contract through completion of the project by the Contractor. The CONSULTANT shall 12 communicate and coordinate with the COUNTY Representative who will provide the following 13 services as appropriate for each project: 14 1. Provide basic design layouts and drawing layouts as may be required for each 15 project unless otherwise agreed by the COUNTY and the CONSULTANT. 16 2. Prepare the title sheet for each project's plans unless otherwise agreed by the 17 COUNTY and the CONSULTANT. 18 3. Loan or provide copies of any available building plans to the CONSULTANT. 19 4. Examine documents submitted to the COUNTY by the CONSULTANT and 20 timely render decisions pertaining thereto. 21 5. Provide communication between the CONSULTANT and COUNTY officials 22 and commissions(including user Department). 23 C. Give reasonably prompt consideration to all matters submitted by the 24 CONSULTANT for approval to the end that there will be no substantial delays in the 25 CONSULTANTSs program of work. Any approval, authorization or request to the 26 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms of 27 this Agreement only if it is made in writing and signed on behalf of the COUNTY by the 28 COUNTY Representative or his/her designee. Page 5 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 V. COMPENSATION: 2 A. Total Fee: 3 1. Notwithstanding any other provisions in this Agreement, the Total Fee for the 4 services required under this Agreement shall not exceed a total amount of five hundred 5 thousand dollars ($500,000)over the entire term of this Agreement, which shall be computed at 6 the hourly and cost rates shown in Exhibit A, attached hereto and incorporated herein, and not 7 to exceed agreed maximums for each phase of each project. 8 2. The rates listed herein are to remain in effect for the duration of this Agreement. 9 Rates may be renegotiated annually after the first anniversary from the date of execution of this 10 Agreement at CONSULTANT's request. CONSULTANT's request for annual rate adjustments 11 may not exceed the Engineering News Record's Construction Cost Index or the California 12 Consumer Price Index as published by the California Department of Industrial Relations for the 13 year,whichever is lower. 14 B. Basic Fee: 15 1. Within the Total Fee amount of five hundred thousand dollars ($500,000) over 16 the entire term of this Agreement, the Basic Fee for each project shall be as mutually agreed to 17 in writing between CONSULTANT and Capital Projects Division Manager or his/her 18 designated representative. 19 2. All expenses incidental to CONSULTANT's performance of services under 20 Article III of this Agreement shall be borne by CONSULTANT. Incidental expenses include, 21 but may not be limited to, transportation and travel, postage and courier services, photo and 22 duplicating services, telephone and facsimile charges, computer storage media, drawing and 23 plotting media,printing of"check print"plans and plan sets and documents specifically required 24 by the provisions of Article III of this Agreement. 25 3. CONSULTANT shall not add markup percentages or costs to subconsultant's 26 costs or incidental costs unless expressly authorized in writing by the COUNTY. 27 a. If the CONSULTANT becomes aware of potential unforeseen expenses that 28 would not be covered by the Basic Fee agreed to for a project, CONSULTANT shall inform the Page 6 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 COUNTY in writing of the extent and nature of such expenses or services. Upon mutual 2 agreement of the CONSULTANT and the COUNTY Representative, the scope of work and 3 agreed fee for a project may be amended in writing to cover such unforeseen expense or cost. 4 C. Payments: 5 1. Progress payments will be made by the COUNTY upon receipt of the 6 CONSULTANT's monthly invoices and approval by COUNTY thereof based on the 7 COUNTY's evaluation of the completion of the respective components of the project(s). 8 Invoices shall clearly identify the specific project, the phase of the project, the percent of the 9 work completed, agreed maximum fee, and description of the work performed, and shall be 10 submitted with the documentation identified in paragraph V.C.5 below. CONSULTANT shall 11 submit separate invoices for each phase of each project for work being performed under this 12 contract. Invoices shall be forwarded to: 13 Stuart G. Seiden,Division Manager 14 Capital Projects Division 15 Fresno County Public Works&Planning Department 16 2220 Tulare Street, Suite 610 17 Fresno, CA 93721-2104 18 2. Upon receipt of a proper invoice, the COUNTY Department of Public Works & 19 Planning will take a maximum of five(5) working days to review, approve, and submit it to the 20 COUNTY Auditor-Controller /Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices 21 will be returned to the CONSULTANT for correction and resubmittal. Payment, less retention, 22 will be issued to CONSULTANT within forty (40) calendar days of the date the Auditor- 23 Controller/Treasurer-Tax Collector receives the approved invoice. 24 3. COUNTY is entitled to and shall withhold a five percent (5%) retention from the 25 earned compensation in accordance with the provisions of Article VII of this Agreement. 26 4. An unresolved dispute over a possible negligent error or omission may cause 27 payment of CONSULTANT fees in the disputed amount to be withheld by the COUNTY. 28 5. Concurrently with the invoices, the CONSULTANT shall provide on COUNTY Page 7 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 request, pre-approved documentation,that complete payment, less a five percent(5%) retention, 2 has been made by CONSULTANT to all subconsultants as provided herein for all previous 3 invoices paid by the COUNTY. However,the parties do not intend that the foregoing creates in 4 any subconsultant or subcontractor a third party beneficiary status or third party beneficiary 5 rights,and expressly disclaim any such status or rights. 6 6. Final invoice, and separate invoice for retentions, shall be submitted to COUNTY no 7 later than thirty (30) days after a specific project is completed. Payment for retentions for each 8 project shall not be made until all services are completed for that project in accordance with the 9 provisions of Article III. 10 7. In the event the COUNTY reduces the scope of a specific project, the 11 CONSULTANT will be compensated on an hourly basis,not to exceed the agreed maximum for 12 that authorized phase, for actual work completed and accepted by the COUNTY in accordance 13 with the terms of this Agreement. 14 VI. COMPENSATION RECORDS: 15 The CONSULTANT shall keep complete records for the period of time referenced in 16 Article VIII.C, showing the hours and description of activities performed by each person who 17 works on the project and all associated costs or charges applicable to work covered by the basic 18 fee. The CONSULTANT will be responsible for all subconsultants keeping similar records. 19 VII. RETENTION FROM EARNED COMPENSATION: 20 The COUNTY is entitled to and may withhold a five percent (5%) retention from the 21 earned compensation of the CONSULTANT separately for each project. Such retention from 22 earned compensation may, at the COUNTY'S option, be applied to all phases of the consultant 23 services of a project to be provided under this Agreement, including those phases completed. 24 VIII. AUDITS,ACCOUNTING AND INSPECTIONS ACCESS: 25 A. The CONSULTANT shall establish accounting and bookkeeping practices 26 including, but not limited to, employee time cards, payrolls, and other records of transactions 27 including those to be paid from State Grant and Federal Grant funds in accordance with the 28 performance of this agreement. Page 8 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 B. The CONSULTANT shall at any time during regular business hours, and as often as 2 the COUNTY may deem necessary, make available for examination by the Comptroller General 3 of the United States, United States Department of Housing and Urban Development (HUD), 4 State of California or the COUNTY Auditor-Controller / Treasurer-Tax Collector, or their 5 authorized representatives, all of CONSULTANT'S records and data with respect to matters 6 covered by this Agreement. The CONSULTANT shall permit Federal, State, or COUNTY 7 authorities to audit and inspect all invoices, materials, payrolls, records of personnel, conditions 8 of employment, and other data relating to matters covered by this Agreement. 9 C. The CONSULTANT shall be subject to the examination and audit of the Auditor 10 General for a period of three (3) years after final payment under this Agreement (Government 11 Code Section 8546.7). 12 IX. ERRORS OR OMISSION CLAIMS AND DISPUTES: 13 A. Definitions: 14 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of 15 professional services, acting as a business entity (owner, partnership, corporation,joint venture 16 or other business association) in accordance with the terms of an Agreement with the 17 COUNTY. 18 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of 19 right, adjustment or interpretation of contract terms, payment of money, extension of time, 20 change orders, or other relief with respect to the terms of the contract. The term "Claim" also 21 includes other disputes and matters in question between the COUNTY and CONSULTANT 22 arising out of or relating to the contract. Claims must be made by written notice. The 23 provisions of Government Code Section 901, et seq., shall apply to every claim made to 24 COUNTY. The responsibility to substantiate claims shall rest with the party making the claim. 25 The term "Claim" also includes any allegation of a negligent error or omission by the 26 CONSULTANT. 27 B. In the spirit of cooperation between the COUNTY and CONSULTANT, the 28 following procedures are established in the event of any claim or dispute by COUNTY or Page 9 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 CONSULTANT alleging a negligent error,act,or omission. 2 1. Claims, disputes or other matters in question between the parties, arising out of 3 or relating to this Agreement, shall not be subject to arbitration, but shall be subject to the 4 following procedures. 5 2. The Capital Projects Division Manager or his/her designated representative of 6 and CONSULTANT shall meet and confer and attempt to reach agreement on any dispute, 7 including what damages have occurred, the measure of damages and what proportion of 8 damages, if any, shall be paid by either party. The parties agree to consult and consider the use 9 of mediation or other form of dispute resolution prior to resorting to litigation. 10 3. If the COUNTY and CONSULTANT cannot reach agreement under the 11 immediately preceding paragraph IX.B.2, the disputed issues may, upon concurrence by all 12 parties, be submitted to a panel of three (3) for a recommended resolution. The 13 CONSULTANT and the COUNTY shall each select one (1)member of the panel,and the third 14 member shall be selected by the other two panel members. The discovery rights provided by 15 California Code of Civil Procedure for civil proceedings shall be available and enforceable to 16 resolve the disputed issues. Either party requesting this dispute resolution process shall, when 17 invoking the rights to this panel, give to the other party a notice describing the claims, disputes 18 and other matters in question. Prior to twenty (20) days before the initial meeting of the panel, 19 both parties shall submit all documents such party intends to rely upon to resolve such dispute. 20 If it is determined by the panel that any party has relied on such documentation,but has failed to 21 previously submit such documentation on a timely basis to the other party, the other party shall 22 be entitled to a twenty (20) -day continuance of such initial meeting of the panel. The decision 23 by the panel is not a condition precedent to arbitration, mediation or litigation. 24 4. Upon receipt of the panel's recommended resolution of the dispute issues, the 25 COUNTY and the CONSULTANT shall again meet and confer and attempt to reach agreement. 26 If the parties still are unable to reach agreement, each party shall have recourse to all 27 appropriate legal and equitable remedies. 28 C. The procedures to be followed in the resolution of claims and disputes may be Page 10 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 modified at any time by mutual agreement of the parties hereto. 2 D. The CONSULTANT shall continue to perform its obligations under this Agreement 3 pending resolution of any dispute, and the COUNTY shall continue to make payments of all 4 undisputed amounts due under this Agreement. 5 E. When a claim by either party has been made alleging the CONSULTANT's 6 negligent error, act, or omission, the COUNTY Capital Projects Division Manager or his/her 7 designated representative and the CONSULTANT shall meet and confer within twenty-one(21) 8 days after the written notice of the claim has been provided. 9 X. JOINDER OF PARTIES: 10 The CONSULTANT, the CONSULTANT's consultants of any tier, subcontractors of 11 any tier, suppliers and construction lenders shall all be bound by the dispute resolution 12 provisions of this Agreement, and immediately upon demand of COUNTY or CONSULTANT, 13 shall participate in and shall become parties to the dispute resolution process, provided they 14 have signed any document that incorporates or refers to the dispute resolution provisions of this 15 Agreement. Failure of CONSULTANT, whether intended or inadvertent, to ensure that such 16 nonparties have signed such a document shall inure only to CONSULTANT's detriment, if any 17 there be. COUNTY shall not suffer a detriment by CONSULTANT's action or inaction in this 18 regard. If such a party after due notice fails to appear at and participate in the dispute resolution 19 proceedings, the panel established in accordance with the provisions of paragraph IX.B.3 shall 20 make a decision based on evidence introduced by the party or parties who do participate. 21 XI. CONSULTANT'S OBLIGATIONS RELATING TO CONSTRUCTION CLAIMS: 22 A. The CONSULTANT will review and analyze construction contract claims and 23 recommend resolution of them as soon as possible following receipt of demand by COUNTY. 24 B. Within a reasonable time after receipt of a claim, the CONSULTANT shall 25 provide a written analysis of the claim to the COUNTY, signed by the CONSULTANT and any 26 affected subconsultants. The written analysis shall include the CONSULTANT's professional 27 opinion of the responsibility for payment of the claim,with supporting facts and documentation. 28 A copy of the written analysis shall be provided to the respective insurance adjusters for Page 11 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 CONSULTANT and any affected subconsultant. 2 C. Upon receipt of a claim, the CONSULTANT may also take one (1) or more of the 3 following actions,within ten(10)days of receipt of a claim: 4 1. Request additional supporting data from the claimant, requiring that such data be 5 supplied within ten(10)days of the request; 6 2. Submit a schedule to the parties indicating when the CONSULTANT expects to 7 respond to the claim, which schedule shall not exceed thirty (30) days from CONSULTANT's 8 original receipt of the claim; 9 3. Recommend rejection of the claim in whole or in part, stating the reasons for 10 such rejection; 11 4. Recommend approval of the claim by the other party,or 12 5. Suggest a compromise. 13 D. In every case, CONSULTANT shall provide its recommended resolution of a claim 14 within thirty (30) days from the original receipt of claim, unless the CONSULTANT obtains 15 COUNTY's prior written approval. 16 XII. INDEPENDENT CONTRACTOR: 17 A. In performance of the work, duties, and obligations assumed by CONSULTANT 18 under this Agreement, it is mutually understood and agreed that CONSULTANT,including any 19 and all of CONSULTANT's officers, agents and employees, will at all times be acting and 20 performing as an independent contractor, and shall act in an independent capacity and not as an 21 officer, agent, servant, employee, joint venturer, partner or associate of the COUNTY. 22 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or 23 method by which CONSULTANT shall perform its work and function. However, COUNTY 24 shall retain the right to administer this Agreement so as to verify that CONSULTANT is 25 performing its obligations in accordance with the terms and conditions thereof. 26 CONSULTANT and COUNTY shall comply with all applicable provisions of law and the rules 27 and regulations, if any, of governmental authorities having jurisdiction over matters the subject 28 thereof. Page 12 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 B. Because of its status as an independent contractor, CONSULTANT shall have 2 absolutely no right to employment rights and benefits available to COUNTY employees. 3 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of its 4 employees all legally required employee benefits. In addition, CONSULTANT shall be solely 5 responsible and save COUNTY harmless from all matters relating to payment of 6 CONSULTANT's employees, including compliance with Social Security, withholding, and all 7 other regulations governing such matters. It is acknowledged that during the term of this 8 Agreement CONSULTANT may be providing services to others unrelated to the COUNTY or 9 to this Agreement. 10 XIII. PARTIES BOUND BY AGREEMENT: 11 This Agreement shall be binding upon the COUNTY, the CONSULTANT, and their 12 respective successors in interest, legal representatives, executors, administrators, and assigns 13 with respect to all covenants as set forth herein. 14 XIV. REQUIRED APPROVALS: 15 It is understood that the CONSULTANT shall not assign, sublet, subcontract, or transfer 16 any of CONSULTANT's rights, duties, or obligations under this Agreement, without the prior 17 express,written consent of the COUNTY. Such consent and approval may be given only by the 18 COUNTY Board of Supervisors. 19 XV. COMPLIANCE WITH LAWS: 20 A. CONSULTANT shall comply with all Federal, State, and local laws, ordinances, 21 regulations, and Fresno County Charter Provisions in effect at the time of CONSULTANT's 22 performance of the professional services to be provided hereunder. 23 B. CONSULTANT shall submit a current version of its Illness and Injury Prevention 24 Plan QIPP), applicable safety programs and contact information for the CONSULTANT's 25 responsible person for these programs to the COUNTY Representative at the time this 26 AGREEMENT is signed by the CONSULTANT. Throughout the term of this AGREEMENT, 27 Consultant shall provide updates to the safety plans and programs to the COUNTY 28 Representative as they are implemented. Page 13 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 XVI. GOVERNING LAW: 2 A. Any controversy or claim arising out of or relating to this Agreement which cannot 3 be amicably settled without court action shall be litigated either in a State court for Fresno 4 County, California, or in the U.S. District Court for the Eastern District of California, located in 5 Fresno County. 6 B. The rights and obligations of the parties and all interpretations and performance of 7 this Agreement shall be governed in all respects by the laws of the State of California. 8 XVII. AMENDMENTS: 9 Any changes to this Agreement requested either by the COUNTY or CONSULTANT 10 may only be effected if mutually agreed upon in writing by duly authorized representatives of 11 the parties hereto. This Agreement shall not be modified or amended, nor shall any rights of a 12 party hereto be waived,except by such a writing. 13 XVIII.CONSULTANT'S LEGAL AUTHORITY: 14 A. Each individual executing this Agreement on behalf of CONSULTANT hereby 15 covenants,warrants,and represents: 16 1. That he or she is duly authorized to execute and deliver this Agreement on behalf of 17 such corporation in accordance with a duly adopted resolution of the corporation's board of 18 directors and in accordance with such corporation's articles of incorporation or charter and 19 bylaws; 20 2. That this Agreement is binding upon such corporation;and 21 3. That CONSULTANT is a duly organized and legally existing corporation in good 22 standing in the State of California. 23 XIX. HOLD HARMLESS: 24 A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers, 25 agents, and employees, against the payment of any and all costs and expenses (including 26 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily 27 and personal injury to or death of any person or for loss of any property resulting from or 28 arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT, its Page 14 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 officers, agents, and employees, in performing or failing to perform any work, services, or 2 functions under this Agreement. 3 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate in 4 the defense of any claim, suit, or other action alleging liability, arising from the performance or 5 failure to perform of any COUNTY construction contractor or subcontractor in connection with 6 any project for which CONSULTANT has been retained under Article III above. Such 7 cooperation may include an agreement to prepare and present a cooperative defense after 8 consultation with CONSULTANT's professional liability insurance carrier. 9 XX. LIABILITY INSURANCE: 10 A. Prior to commencing the duties under the Agreement with the COUNTY, the 11 CONSULTANT shall furnish the COUNTY, at no additional cost to the COUNTY, certificates 12 for the following insurance policies which shall be kept in force during the term of the 13 Agreement (i.e., until the Agreement is terminated or it expires), and for such additional time as 14 may be specified herein with respect to a particular type of policy. 15 1. Commercial General Liability Insurance or Comprehensive General Liability 16 Insurance, naming the COUNTY as an additional insured, with limits of not less than one 17 million dollars ($1,000,000) per occurrence, with an annual aggregate of not less than two 18 million dollars($2,000,000). 19 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of 20 not less than two hundred fifty thousand dollars ($250,000) per person, five hundred thousand 21 dollars ($500,000)per accident and for property damages of not less than fifty thousand dollars 22 ($50,000), or such coverage with a combined single limit of five hundred thousand dollars 23 ($500,000). 24 3. Worker's Compensation insurance policy as required by the California Labor 25 Code. 26 4. Professional Liability Insurance: 27 a. Professional Liability Insurance with limits of not less than one million 28 dollars ($1,000,000) per occurrence, three million dollars ($3,000,000) annual aggregate, and Page 15 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 with a deductible not to exceed fifty thousand dollars ($50,000). A deductible greater than fifty 2 thousand dollars ($50,000) will be acceptable to the COUNTY receiving satisfactory, certified 3 information of the CONSULTANT's ability to support such a deductible. The financial ability 4 to support the difference between fifty thousand dollars ($50,000) and the greater deductible 5 amount requested by the CONSULTANT shall be guaranteed by any of the following: 6 1). Cash deposit with a trustee bank. 7 2). Irrevocable letter of credit issued by a bank for the same time period as 8 specifically referenced in subparagraph XX.A.4.c. herein. 9 3). Withholding payment under terms of the Agreement for the same time 10 period as specifically referenced in subparagraph XX.A.4.c. herein. 11 b. CONSULTANT and subconsultants shall make full disclosure, in writing to 12 the COUNTY, of all pending and open claims and disputes during the course of this Agreement 13 that affect the specified aggregate limits of the Professional Liability Insurance policy. 14 c. Professional Liability Insurance shall be kept in force for a minimum of two 15 (2) years past the date of final payment to CONSULTANT, and including the full and final 16 resolution of all claims, disputes,and matters in question regarding the project. 17 d. In the event that CONSULTANT voluntarily changes, or involuntarily 18 changes due to circumstances beyond its control, its Professional Liability Insurance policy 19 carrier during the period such coverage is required to be in force (as specified in the 20 immediatelypreceding subparagraph c. of this Article XX Section A, Paragraph 4. , such new p g � g p ) 21 policy shall include prior acts coverage retroactive, at least, to the date of execution of this 22 Agreement. CONSULTANT may, at its option and expense, purchase supplemental or "tail" 23 coverage from the former policy carrier, negotiate a retroactive reporting date with the new 24 policy carrier for claims incurred but not reported as of the date of change in policy carrier, and 25 shall in any event maintain Professional Liability Insurance in a manner that provides 26 continuous coverage to the COUNTY throughout the term of this Agreement, and for a period 27 of two (2)years past the issuance of final payment to the CONSULTANT. 28 B. CONSULTANT shall give COUNTY at least thirty (30) days written advance notice Page 16 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 of any expiration, cancellation or reduction in the coverage of any of the aforesaid policies. 2 C. The COUNTY, its officers, agents and employees, individually and collectively, 3 shall be named as an additional insured under the policy for Commercial General Liability 4 Insurance or Comprehensive General Liability Insurance, but only insofar as the operations 5 under this Agreement are concerned. Such coverage of COUNTY as additional insured shall 6 apply as primary insurance and any other insurance, or self-insurance, maintained by the 7 COUNTY, its officers, agents, and employees, shall be excess only and not contributing with 8 insurance provided under the CONSULTANT's policies herein. 9 D. In the event CONSULTANT fails to keep in effect at all times insurance coverage as 10 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or 11 terminate this Agreement upon the occurrence of such event. 12 E. All policies shall be issued by admitted insurers licensed to do business in the State 13 of California and possessing a current A.M.Best,Inc.rating of A FSC VII or better. 14 XXI. OWNERSHIP OF DOCUMENTS: 15 A. CONSULTANT understands and agrees that COUNTY shall retain full ownership 16 rights of the drawings and the work-product of CONSULTANT for each project,to the fullest 17 extent permitted by law. In this regard, CONSULTANT acknowledges and agrees that 18 CONSULTANT's services are on behalf of COUNTY and are "works made for hire," as that 19 term is defined in copyright law, by COUNTY; that the drawings and work-product to be 20 prepared by CONSULTANT are for the sole and exclusive use of COUNTY, and shall be the 21 sole property of COUNTY and its assigns, and the COUNTY and its assigns shall be the sole 22 owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible 23 rights of any kind or nature in connection therewith; that all the contractual or intangible rights 24 of any kind or nature, title, and interest in and to the drawings and work-product will be 25 transferred to COUNTY by CONSULTANT, and CONSULTANT will assist COUNTY to 26 obtain and enforce patents, copyrights, trademarks, trade secrets, and other contractual and 27 intangible rights relating to said drawings and work-product; that COUNTY shall be and 28 become the owner of such drawings and work product, free and clear of any claim by Page 17 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 CONSULTANT or anyone claiming any right through CONSULTANT. CONSULTANT 2 further acknowledges and agrees that COUNTY's ownership rights in such drawings and work 3 product shall apply regardless of whether such drawings or work product, or any copies thereof, 4 are in the possession of CONSULTANT, or any other person, firm, corporation, or entity. For 5 the purpose of this Agreement the terms "drawings and work-product" shall mean all reports 6 and study findings commissioned to develop the design of each project, drawings and schematic 7 or preliminary design documents of each project, certified reproducibles of the original final 8 construction contract drawings of each project, specifications of each project, the approved 9 opinion of probable construction cost of each project, record drawings of each project, as-built 10 plans of each project, and discoveries, developments, designs, improvements, inventions, 11 formulas, processes, techniques, or specific know-how and data generated or conceived or 12 reduced to practice or learning by CONSULTANT, either alone or jointly with others, that 13 result from the tasks assigned to CONSULTANT by COUNTY under this Agreement. County 14 acknowledges and agrees that details, concepts, ideas, devices, configurations, and designs 15 previously developed or used by the CONSULTANT, or developed by the CONSULTANT 16 without COUNTY compensation, shall remain the property of the CONSULTANT and use is 17 granted to COUNTY only for the specific project undertaken under this agreement. 18 B. If a project is terminated prior to completion of the construction document phase of 19 any project under Article III, a reproducible copy and electronic files of documents as 20 completed at the time of termination of the project shall be submitted by CONSULTANT to the 21 COUNTY,which may use them to complete each project in future phases. 22 C. If the project is terminated at the completion of the construction document phase of 23 any project, a reproducible copy and electronic files of final construction contract drawings 24 (both .dwg and .plt files), specifications, and approved opinion of probable construction cost 25 shall be submitted by CONSULTANT to COUNTY. 26 D. Documents, including drawings and specifications, prepared by CONSULTANT for 27 any project pursuant to this Agreement are not intended or represented to be suitable for reuse 28 by COUNTY or others on extensions of the services provided for that project or any other Page 18 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES I project. Any use of completed documents for other projects and/or any use of uncompleted 2 documents will be at COUNTY's sole risk and without liability or legal exposure to 3 CONSULTANT. 4 E. COUNTY has requested that certain machine readable information and CAD data on 5 construction documents be provided by CONSULTANT for each project under this Agreement. 6 Such machine readable information and CAD data are more specifically described in Article III. 7 CONSULTANT shall not be liable for claims, liabilities or losses arising out of, or connected 8 with: 9 1. The modification or misuse by COUNTY, or anyone authorized by COUNTY, of 10 such machine readable information and CAD data; or 11 2. Decline of accuracy or readability of machine readable information and CAD 12 data due to inappropriate storage conditions or duration; or 13 3. Any use by COUNTY, or anyone authorized by COUNTY, of such machine 14 readable information and CAD data for additions to any such project or for the completion of 15 any such project by others,or for other projects. 16 XXII. TERM AND TIME OF COMPLETION: 17 A. Upon request of the Capital Projects Division Manager or his/her designated 18 representative, the CONSULTANT shall submit for the Capital Projects Division Manager or 19 his/her designated representative's approval, schedules for the performance of the 20 CONSULTANT's services which may be adjusted by mutual agreement as the projects proceed, 21 and shall include allowances for periods of time required for the COUNTY's review and 22 approval of submissions by authorities having jurisdiction over the projects. Time limits 23 established by these schedules approved by Capital Projects Division Manager or his/her 24 designated representative shall not, except as provided in this Agreement, be exceeded by the 25 CONSULTANT. 26 B. CONSULTANT shall diligently proceed with the agreed scope of services and shall 27 provide such services in a timely manner. Failure of the CONSULTANT to meet any deadline 28 listed in the above-referenced schedules once such failure continues more than seven (7) Page 19 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 calendar days past the specified completion date (unless the delay is attributable to the 2 COUNTY or State), is sufficient cause to immediately terminate this Agreement, at the option 3 of the COUNTY, in accordance with Section XXIII.C. 4 C. This Agreement shall become effective upon approval by COUNTY's Board of 5 Supervisors, on the date first set forth above, for a base term of three (3) years, and shall expire 6 at the conclusion of said base term unless extended by COUNTY for a maximum of two (2) 7 additional one-year periods upon provision of written notice by the Director of the Department 8 of Public Works and Planning or his/her designee, or unless it is terminated earlier in 9 accordance with the provisions of Article XXIII. 10 XXIII. TERMINATION OF AGREEMENT: 11 A. This Agreement may be terminated without cause at any time by the COUNTY upon 12 thirty (30) calendar days written notice. If the COUNTY terminates this Agreement, the 13 CONSULTANT shall be compensated for services satisfactorily completed to the date of 14 termination based upon the compensation rates and subject to the maximum amounts payable 15 agreed to in Article V, together with such additional services satisfactorily performed after 16 termination which are expressly authorized by the COUNTY Representative in order to 17 conclude the work performed to date of termination. 18 B. If the CONSULTANT purports to terminate the Agreement, or otherwise refuses to 19 perform pursuant to the Agreement,for reasons other than material breach by the COUNTY,the 20 CONSULTANT shall reimburse the COUNTY, up to a maximum of seven thousand five 21 hundred dollars ($7,500) for the actual expense of issuing a Request For Proposal (RFP), 22 engaging a new CONSULTANT, and the new CONSULTANT's cost in becoming familiar with 23 the previous CONSULTANT's design. 24 C. The COUNTY may immediately suspend or terminate this Agreement in whole or in 25 part,where in the determination of the COUNTY there is: 26 1. An illegal or improper use of funds; 27 2. A failure to comply with any term of this Agreement; 28 3. A substantially incorrect or incomplete report submitted to the COUNTY; Page 20 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 4. Improperly performed service. 2 D. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY 3 of any breach of this Agreement or any default which may then exist on the part of the 4 CONSULTANT, nor shall such payment impair or prejudice any remedy available to the 5 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand 6 of the CONSULTANT the repayment to the COUNTY of any funds disbursed to the 7 CONSULTANT under this Agreement, which, in the judgment of the COUNTY and as 8 determined in accordance with the procedures of Article IX ('Errors or Omissions Claims and 9 Disputes"), were not expended in accordance with the terms of this Agreement. The 10 CONSULTANT shall promptly refund any such funds upon demand. 11 E. The terms of this Agreement, and the services to be provided thereunder, are 12 contingent on the approval of funds by the appropriating government agency. Should sufficient 13 funds not be allocated, the services provided may be modified, or this Agreement terminated at 14 any time by giving the CONSULTANT thirty(30)days advance written notice. 15 XXIV. CONFLICT OF INTEREST: 16 The CONSULTANT shall comply with the provisions of the Fresno County Department 17 of Public Works Conflict of Interest Code, attached hereto as Exhibit B and incorporated herein. 18 Such compliance shall include the filing of annual statements pursuant to the regulations of the 19 State Fair Political Practices Commission. 20 XXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS: 21 A. This provision is only applicable if the CONSULTANT is operating as a 22 corporation(a for-profit or non-profit corporation)or if during the term of this AGREEMENT, 23 the CONSULTANT changes its status to operate as a corporation. 24 B. Members of the CONSULTANT'S Board of Directors shall disclose any self- 25 dealing transactions that they are a party to while the CONSULTANT is providing goods or 26 performing services under this AGREEMENT. A self-dealing transaction shall mean a 27 transaction to which the CONSULTANT is a party and in which one or more of its directors has 28 a material financial interest. Members of the CONSULTANT'S Board of Directors shall Page 21 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 disclose any self-dealing transactions that they are a party to by completing and signing a Self- 2 Dealing Transaction Disclosure Form (attached as Exhibit C and incorporated herein by this 3 reference); and submitting it to the COUNTY prior to commencing with the self-dealing 4 transaction or immediately thereafter. 5 XXVI. ENTIRE AGREEMENT: 6 This Agreement constitutes the entire agreement between the COUNTY and the 7 CONSULTANT with respect to the subject matter hereof and supersedes all previous 8 negotiations, proposals, commitments, writings, advertisements, publications, and 9 understandings of any nature whatsoever unless expressly included in this Agreement. 10 XXVII. SEVERABILITY: 11 Should any provision herein be found or deemed to be invalid, this Agreement shall be 12 construed as not containing such provision, and all other provisions which are otherwise lawful 13 shall remain in full force and effect, and to this end the provisions of this Agreement are hereby 14 declared to be severable. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 22 of 23 Pages AGREEMENT FOR UTILITY LOCATING CONSULTANT SERVICES 1 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 3 as of the day and year first above written. 4 5 CONSULTANT COUNTY OF FRESNO 6 � � QBY: BY 7 MICHAEL S. HARTLEY DEBORAH A. POOCHIGIAN, CH MAN 8 TITLE: PRESIDENT BOARD OF SUPERVISORS BEDROCK ENGINEERING 9 PO BOX 25783 FRESNO, CA 93729 10 11 REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL FORM: FOR APPROVAL DANIEL C. CEDERBORG, COUNTY 12 COUNSEL 13 14 BY: B 15 ALAN WEAVER, DIRECTOR DEPUTY COUNTY COUNS L DEPARTMENT OF PUBLIC WORKS 16 AND PLANNING 17 ATTEST: APPROVED AS TO ACCOUNTING FORM 18 BERNICE E.SEIDEL,Clerk Board ofSupery,fors VICKI CROW, C.P.A. 19 , ,4 h-�� AUDITOR-CONTROLLER/ Deputy TREASURER-TAX COLLECTOR 20 ' BY: 21 DEPUTY 22 23 FUND: 0001, 0010, 0105, 0107, 0110, 0400 24 ORG: 4360, 4510, 8840, 8842, 8846, 8847, 8848, 8849 ACCT: 7295, 8150 25 26 27 28 Page 23 of 23 Pages EXHIBIT A O. Box 25783, Fresno,CA 93729 r13EDROCK P. 559.645.4849 fax:559.645.4869 ENQINEERINCA www.bedrockeng.com A solid foundation for your next project FEE SCHEDULE FOR LAND SURVEYING AND CIVIL ENGINEERING SERVICES EMPLOYEE CLASSIFICATION HOURLY RATE Principal Civil Engineer/Principal Land Surveyor $125.00 Registered Civil Engineer/Professional Land Surveyor $100.00 Engineering/Land Surveying Technician $85.00 Administrative Assistant/Clerical $50.00 Principal Expert Witness Testimony $300.00 FIELD CREW (normal rate and non-wevailing wage) HOURLY RATE One-person crew with robotic total station $125.00 One-person crew with GPS total station $150.00 One-person crew with GPR and electromagnetic pipe &cable locator $125.00 One-person crew with Riegl Z390i laser scanner $250.00 Each additional crew member $75.00 Mobilization fee (per trip;based on.project location) TBD FIELD CREW (prevailing wage in all counties) HOURLY RATE One-person crew with robotic total station $175.00 One-person crew with GPS total station $200.00 One-person crew with Riegl Z390i laser scanner $300.00 Each additional crew member $125.00 Mobilization fee (per trip;based on project location) TBD EXPENSES RATE Plotting and reproduction services Direct cost+ 15% Transportation $0.75 per mile Lodging and meals Direct cost+ 15% Postage Direct cost+ 15% Subconsultants Direct cost+ 10% Rates are effective October 1, 2013 and are subject to periodic revision. Note:Bedrock Engineering(Bedrock)will locate and mark existing subsurface utilities for the client using industry standard practices and equipment.The approximate depth of utilities will be provided,if possible,when requested by the client.Bedrock cannot guarantee that all existing utilities will be located due to limitations of the environment,the conditions of the site,and reasonable limitations of current technology.Factors which affect Bedrock's ability to locate utilities:depth,size(diameter and length),and materiallcomposition of the utility;surface evidence and utility is buried. accessibility of the utility(i.e.manholes,cleanouts,vaults,flagstmaTkeTs,risers,etc.);and the properties of the soil where the Bedrock will locate utilities under the direction of a project supervisor or site superintendent to ensure that the areas being chocked meet the needs of the client and that the client understands the product of Bedrock's efforts.Our clients should always call"811'and have the area checked by Underground Service Atert(USA)prior to contacting Bedrock.Any existing site plans,as-built drawings,schematics,or similar documents depicting the location and/or arrangement of utilities should be provided to Bedrock Engineering prior to starting work to help ensure completeness and accuracy.Our clients and their affiliates are cautioned to always use care when excavating,boring,tunneling,or performing any work which will disturb the surface of the Earth.Bedrock reminds its clients that sub-surface investigation(it.e."potholing")remains the most reliable form of underground utility location. Michael S.Hartley,PLS o President Peter Mayne,PLS e Vice President David O.Hartley,RCE-CFO Dedicated to serving the Central Valleys civil engineering and land surveying needs fr' EXHIBIT B F6=azy 23 1999 8esoluti m 9 OH6 1 BEFORE THE BARD OF SUPERVISORS 2 OF THE GoUw OF FRESNO 3 STATE OF CALIFORNIA • s w• In the matter of 8 Adoption of Standard Conflict oflntemst &eaolut ou 9s-ue6 6 CodeforM County Departments. 7 $ Whereas.the Pollffcal Reform Act; Government Cade section 810M at seq., S requires state and local government agencies to adoptand promulgate confildol'Intared 1U codes,and 11 Whereas.the Fair Polllieat Practioes Commission has adopted a regulation,2 12 Cellt'omte Code of Regulations section 16730,which contains the terms of a standard 13 conflict of interest code, and which rosy be amended by the pair Potittol Pradims 14 Comrnisdon after public notices and hearings to cotifbm to amendments to fha Political al RefiDimActi and .. . . . 1 S Whereas.ar►Y tort ageticlt'maY inaarpo�atiris slartdarrl coc�iict c►fEr�erast code, 17 and thereafter need not amend the text of Its code to coni'orm to future wmwAmartts to the 18 Pol{ttcal Re brrn Act orb regulations;and Whereas, the Board of Supervisors Is the code reviewing body for all County 't9 departments except courts;and 20 Whereas,the Hoard of Supervisors may adopt the standard conflict of intarmi 21 code on behalf of all County departments. 22 Now therefore be It rwohmd,thatfasianns of 2 Calm is Code of Regulafts 23 Cori 18730, and any amendments to it duly adopted by the Fair Potltical Practices 24 Commission,are hereby Incorporated by raference and,along with the Exhlbifs A and B 25 approved prevlousty,today,or In the fugue,by this Board for each County department,in 26 which ofiicars and employees are desigtaalad and disclosure catogorles are set forth,. 211 28 1 EXHIBIT B constitute tits conflict of Interest codes of each County department ampt courts 2 Confiict of fnterestfamts shall be Red as JbHows: 3 i. As required by Government Code Setffon 8780U, subdivision {s),the 4 County Adrnintshative Officer, ©isiriat Attorney, County Counsel, and Auditor- 5 CorftlieriTreesurer--Tax Collector shall file one arVnal oftheir statements wlih the Cmay ti Clark,who shall make and retain copies and forward the orlglnals to the Fair PdEfael 7 Practices Commission,whfah shaft be the i0bg otitaer. The County Adminlstrafts Officer, 6 DistrlatAttomay,County Counsel,and Aud''-tor-Controbr/Treasurer•Tax Colledbr shag also 9 file one copy c fthelretatements whiz the Clerkfo the Board of Sup mbom. g0 2. As required by Government Cade section W6M,subdlMDn ej oter i-t department heads shall file one ariglnaf afttrelralatemehis wfihthelydepartmsrrts. Thef ft 12 officer ofeach department shalt maim end stein a copyofthe rfinentheaftstatmut ad's •13 and shall forwardihe origlnaitothe ClWtothe Board of Supervisors. 14 S. Aft othar designated employees shallilla one odglnal offirelr statements with d5 thelydepartrrrents. AN statements shall be public records and shalt be made avalfable for pubWo 17 Inspection and reproduction. {Cant.Code,§81008.) 18 Adopted st a regular tnea g+ofthe Board of Supervisow,held Who 23xa day 19 of H'ebr!gM 4 g_99,by iheioflowing vdb.to wfb 20 ' AyeS: superviea= 70141an, tiara, A 0bula, OICaa, IL"-7 21 Noes: blame. 22 Absent: rrom 23 24 rr, ant�u .A7C.�E3Tt to 1'r� $}i<ARI t'888li OCM, CLM 25 som or sovsRvMas 26 27 ay 28 Bme tism Agenda #28 Rmaju:jva 099-006 2 - - EXHIBIT B • EXHIBIT"A" PUBLIC WQRKS AND PLANNING Glassificatiort Category Accountant i I It 2 Architect 1 Assistant Real Property Agent 1 Associate Real Property Agent 1 Building Inspector I/iI 1 Building Plans Engineer •I Capital Projects Division Manager 1 Chief Building Inspector 1 Chief of Feld Surveys 1 Community Development Manager 1 Consultant Deputy Director of Planning •I Deputy Director of Public Works 1 Development Services Manager 1 Director of Public Works and Planning 1 Disposal Site Supervisor 2 Engineer I/i!/III •I Meld Survey Supervisor 3 Housing Rehabilitation Specialist 1/II 1 Information Technology Analyst t 111/III i IV 2 Planner I 1 It/Ill 1 Principal Accountant 1 Principal Engineer 1 Principal Planner 1 Principal Staff Analyst 1 Public Works and Planning Business Manager 1 Public Works Division Engineer 1 Resources Manager 1 Road Maintenance Supervisor 2,3 Road Superintendent 1 Senior Accountant 2 Senior Economic MvelopmentAnalyst 1 Senior Engineer 1 Senior Engineering Technician 2 Senior Geologist 1 Senior Information Technology Analyst 2 Senior Planner 1 Sealer Real Prapedy n ge --i- --EXHIBIT B Classification Category Senior Staff Analyst 1 Senior Systems and Procedures Analyst 2 Staff Analyst t/11/Ili y Supervising Accountant 2.3 Supervising Building inspector 1 Supervising Engineer q Supervising Water/Wastewater Specialist 2,3 Systems and Procedures Analyst l 111/Ill 2 Systems and Procedures Manager 2 Traffic Maintenance Supervisor 2 * Consultants shag 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 Worsts 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 W 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 i&a public record and shall be retained for public inspection in the same manner and location as this eorrftict of Interest code. EXl•tl$i7"� Eusur.WORM AIp l t�G i. Persons In this category must dodoes an Investments,Interests to real property and Income,and business podffons. FlnanaU Interests mereporteblednlyRlbcmedimm or sigect to the Jurisdiction of Fresno County; or if the business entrty ls-doing . business orpianningto dobuskmssin tha judsdtctian,crhas dons budnesswiNn ihs Juuisdictidn at anytrme dOft the Wo Wois prifftd-Itfllttiq ofthb staleicient Real . property shalt be deemed to be within theWscRRofforr of the GmM I it Is located within or not more than buro miles o"de ft boundades of fhe County(including Its Incorporated chles),ar vAthin two miles cf arcy land awned or used by the County. S. Persons In this category shall disclose all Investments In,Income f %and business posifUons with any business erdfly which,withinfhe last two years,has contracted grin the future may farseeabry contract with Fresno Cody through Is Public Works and Planning Dspaftmr t.SoUdWasteCommisslonsvMnihelLWWiction,ortoonyoffw . Seim peelers agency Wch Frosm County Is a member to provide servIam supplies, materials,mac hhety,or equipment to the Cocvtty. S. Persons in true category shall dgsciose all Interebs in veal property w1ft the Judsdlctlo n. Real Property shall be deemed to bs wIM the JudB agan Ito property or any part of It Is loud within or not mare then two mites outside the boundaries of Fresno Coto*(tncWing its inr►orpa ated difes)orvAilntwo nule of any lend owned or operated by the CouM4Y. EXHIBIT C SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a corporation's board of directors of the Consultant, 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). Page 1 of 2 EXHIBIT C &a ar yBaar rat OON— Name: ltb =aAl ,r � =�2p a _se f ii2 °isa °'x duns stennt � uiin �`t�7a:onsodg 'R2� - �eocv: aa.. S;xil ���p• _ ��"`a.�.�~`�`�•� -'""sue"z8�= �-'�^'',Y�ap3��-`��.:��' ="' r"��-4,.?: ---<�- Sigt1atUFE: �DatB' Page 2 of 2