HomeMy WebLinkAboutAgreement A-15-604 with Bedrock Engineering Surveying.pdf 15-1669 Agreement No. 15-604
SURVEYING CONSULTANT SERVICES AGREEMENT
1 THIS AGREEMENT is made and entered into thisfJ'0—'day of.�, 20 iS ,
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 PO Box
4 25783, Fresno, CA 93729 (hereinafter called "CONSULTANT").
5 WITNESSETH :
6 WHEREAS, the COUNTY desires to retain a CONSULTANT Surveyor to assist the
7 COUNTY Capital Projects Division Manager or his/her designated Project Manager in
g completing various projects and advanced planning for future projects in the COUNTY's
9 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 Surveying 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 Surveying services of the CONSULTANT may be utilized
17 by the Department of Public Works and Planning and other COUNTY Departments; and
18 WHEREAS, staffing levels of COUNTY personnel may not be sufficient to perform
19 Surveying services for all projects, and
20 WHEREAS, said CONSULTANT represents that it is qualified and willing to perform
21 Surveying services.
22 NOW, THEREFORE,the parties hereto have and by these presents do agree as follows:
23 I. CONTRACTING OF CONSULTANT: BASIC PARAMETERS
24 A. The COUNTY hereby contracts with the CONSULTANT as an independent
25 contractor to provide Surveying services as described in Article II and enumerated in Article III
26 herein.
27 B. The CONSULTANT's services shall be performed as expeditiously as is consistent
28 with professional skill and the orderly progress of the work, based on project schedules prepared
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 by the COUNTY Capital Projects Division Manager or his/her designated Project Manager.
2 C. The CONSULTANT shall notify the COUNTY of the names and classifications of
3 employees assigned to a project, and shall not change such assignments without prior
4 notification to and approval by COUNTY.
5 D. If requested by the COUNTY, the CONSULTANT shall retain qualified
6 subconsultant(s) to assist in completing the work. All subconsultants used by the
7 CONSULTANT shall be approved by the COUNTY before they are retained by the
8 CONSULTANT, which approval shall not be unreasonably withheld. Should CONSULTANT
9 retain subconsultants, the maximum Total Fee compensation that may be paid to
10 CONSULTANT hereunder, as specified in Article V below, shall not be increased.
11 E. The CONSULTANT shall not submit bids, or sub-bids, for the contract construction
12 phase of any project for which CONSULTANT provides services hereunder. The
13 CONSULTANT, and all other service providers, shall not provide any project related services
14 for, or receive any project related compensation from any construction contractor, subcontractor
15 or service provider awarded a construction contract for all or any portion of any project for
16 which CONSULTANT provides services hereunder. The CONSULTANT, and all other service
17 providers, may provide services for, and receive compensation from a construction contractor,
18 subcontractor or service provider who has been awarded a construction contract for all or any
19 portion of such a project, provided that such services are provided for, and compensation
20 received for,work outside the scope of this Agreement.
21 F. The contact person(s) for the CONSULTANT shall be:
22 Name: David O. Hartley, CFO Michael S. Hartley, President
23 Telephone: (559)645-4849 Fax: (559) 645-4869
24 E-Mail: dave(mbedrockeng.com mike@bedrockeng.com
25 II. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT:
26 A. The work covered by this Agreement is for all or a portion of the services
27 enumerated under Article III for various projects on an as needed basis. The CONSULTANT
28 agrees to provide the professional services that are necessary for each project when expressly
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 authorized in writing by the Capital Projects Division Manager or his/her designated Project
2 Manager. Such work by CONSULTANT shall not begin until CONSULTANT has received a
3 written Notice to Proceed from COUNTY authorizing the necessary project services, the agreed
4 upon not-to-exceed fee for the project in accordance with the approved hourly fee schedule
5 (Exhibit A, attached) and scope of work. All submittals of documents associated with the
6 project by the CONSULTANT will be made in both hard copy and electronic format.
7 III. CONSULTANT'S SERVICES:
8 A. Phase 1, Surveying:
9 The CONSULTANT shall, for each project:
10 1. Take direction from Capital Projects Division Manager or his/her designated
11 representative concerning the project's parameters. COUNTY shall provide CONSULTANT
12 with instructions, or may rely on CONSULTANT's professional judgment and experience to
13 define accuracy standards, datum criteria, land boundary and topographic surveying and
14 mapping requirements. Tasks assigned to the CONSULTANT may include, but are not limited
15 to:
16 a. Land records research for boundary determination of existing and proposed
17 COUNTY properties and rights-of-ways.
18 b. Existing monument recovery including public land survey system
19 monuments (section corners, etc.), property corners, rights-of-ways monuments, and
20 benchmarks.
21 c. Retracement surveys.
22 d. Re-establishment of lost or obliterated corners.
23 e. Setting-out and establishing coordinates for horizontal and vertical project
24 control points.
25 f. Planimetric (topographic) site surveys for design purposes including digital
26 terrain modeling (DTM) for contour interpolation, profile, cross-section, and earthwork volume
27 calculations.
28 g. Borrow site surveys for earthwork calculations.
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SURVEYING CONSULTANT SERVICES AGREEMENT
I h. Design plans interpretation to extract staking information.
2 i. Field staking (limits, intervals, and offsets of stakes shall be determined for
3 each project).
4 j. Land records filings that may include but are not limited to Corner Records
5 and Record-of-Survey.
6 k. Identify and plot location of water, sewer and gas mains, central steam and
7 other utilities including, but not limited to, buried tanks and septic fields.
8 1. Prepare site plans and grading plans identifying location of benchmarks
9 and providing a basis of bearing and source of elevation (vertical) datum.
10 2. Conform with accessibility requirements under the California Building Code and
11 the Americans with Disabilities Act (ADA). Specific tasks may include evaluation of existing
12 facilities; preparation of ADA transition plans; design for the remodel of and/or addition to
13 existing facilities; or the design of new facilities.
14 3. Consult, communicate, and meet with COUNTY, throughout the duration of the
15 project and as often as necessary, in order to verify, refine, and complete the project
16 requirements and review the progress of the project(s). CONSULTANT shall prepare complete
17 minutes of meetings attended, including any direction provided to CONSULTANT by the
18 COUNTY and shall provide a copy of all such minutes to the COUNTY at least four(4) days in
19 advance of the next progress meeting.
20 4. Review and evaluate COUNTY provided plans and surveying data to document
21 existing conditions.
22 5. Contact the COUNTY Representative to schedule site access and make
23 necessary arrangements.
24 6. Provide a daily diary of surveying services provided, including invoices of
25 employee and survey crew hours worked.
26 7. Submit survey data in specific digital formats as follows:
27 a. Each coordinate point file shall be an ASCII file with the "point number,
28 northing, easting, elevation, descriptor" comma delimited format.
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 b. Planimetric (topo) and/or contour maps and plans shall be in a digital file
2 format capable of being imported into a current AutoCAD (e.g., .DWG, .DXF, etc.) or a BIM
3 model (Civil 3D). Plans shall also be submitted on 24" by 36" sheets or other size approved by
4 COUNTY.
5 c. Digital terrain models (DTM) shall be a"triangular irregular network" (TIN)
6 represented as "3-D faces" or "3-D lines". Associated "breaklines" or"faultlines" shall be 3-D
7 polylines. All 2-D and 3-D entities shall be contained in a digital file capable of being imported
8 into AutoCAD.
9 8. Submit a traverse closure report with a minimum closure of 1 in 20000 for all
10 horizontal control points set.
11 9. Meet vertical control FGCS second-order class 1 accuracies (approximately 0.03
12 ft. per mile).
13 10. Upon completion of the project, obtain from the CONTRACTOR all information
14 necessary to document all changes made to the project and proceed to transfer the
15 CONTRACTOR's record drawing changes onto the CONSULTANT's original drawings. The
16 complete record drawing set shall remain at all times the property of the COUNTY. Changes
17 shall be identified by cloud markings and shall identify date of change and its source, such as
18 from addenda, change order, or clarification.
19 IV. COUNTY'S OBLIGATIONS:
20 The COUNTY will, for each project:
21 A. Compensate the CONSULTANT as provided in this Agreement.
22 B. Provide a "COUNTY Representative" who will represent the COUNTY and who
23 will coordinate with the CONSULTANT as appropriate to facilitate CONSULTANT'S
24 performance of its obligations under this Agreement. The COUNTY Representative will be the
25 Capital Projects Division Manager or his/her designated representative through award of the
26 construction contract and the COUNTY Construction Engineer after award of the construction
27 contract through completion of the project by the Construction Contractor. The
28 CONSULTANT shall communicate and coordinate with the COUNTY Representative who will
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 provide the following services as appropriate for each project:
2 1. Provide basic design layouts and drawing layouts as may be required for each
3 project unless otherwise agreed by the COUNTY and the CONSULTANT.
4 2. Prepare the title sheet for each project's plans unless otherwise agreed by the
5 COUNTY and the CONSULTANT.
6 3. Loan or provide copies of any available building plans to the CONSULTANT.
7 4. Examine documents submitted to the COUNTY by the CONSULTANT and
8 timely render decisions pertaining thereto.
9 5. Provide communication between the CONSULTANT and COUNTY officials
10 and commissions (including user Department).
11 C. Give reasonably prompt consideration to all matters submitted by the
12 CONSULTANT for approval to the end that there will be no substantial delays in the
13 CONSULTANT's program of work. Any approval, authorization or request to the
14 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms of
15 this Agreement only if it is made in writing and signed on behalf of the COUNTY by the
16 COUNTY Representative or his/her designee.
17 V. COMPENSATION:
18 A. Total Fee:
19 1. Notwithstanding any other provisions in this Agreement, the Total Fee for the
20 services required under this Agreement shall not exceed a total amount of five hundred
21 thousand dollars ($500,000) over the entire term of this Agreement, which shall be computed at
22 the hourly and cost rates shown in Exhibit A, attached hereto and incorporated herein, and not
23 to exceed agreed maximums for each phase of each project.
24 2. The rates listed herein are to remain in effect for the duration of this Agreement.
25 Rates may be renegotiated annually after the first anniversary from the date of execution of this
26 Agreement at CONSULTANT's request. CONSULTANT's request for annual rate adjustments
27 may not exceed the Engineering News Record's Construction Cost Index or the California
28 Consumer Price Index as published by the California Department of Industrial Relations for the
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 year,whichever is lower.
2 B. Basic Fee:
3 1. Within the Total Fee amount of five hundred thousand dollars ($500,000) over
4 the entire term of this Agreement, the Basic Fee for each project shall be as mutually agreed to
5 in writing between CONSULTANT and Capital Projects Division Manager or his/her
6 designated representative.
7 2. All expenses incidental to CONSULTANT's performance of services under
g Article III of this Agreement shall be borne by CONSULTANT. Incidental expenses include,
9 but may not be limited to, transportation and travel, postage and courier services, photo and
10 duplicating services, telephone and facsimile charges, computer storage media, drawing and
11 plotting media, printing of"check print"plans and plan sets and documents specifically required
12 by the provisions of Article III of this Agreement.
13 3. CONSULTANT shall not add markup percentages or costs to subconsultant's
14 costs or incidental costs unless expressly authorized in writing by the COUNTY.
15 a. If the CONSULTANT becomes aware of potential unforeseen expenses that
16 would not be covered by the Basic Fee agreed to for a project, CONSULTANT shall inform the
17 COUNTY in writing of the extent and nature of such expenses or services. Upon mutual
18 agreement of the CONSULTANT and the COUNTY Representative, the scope of work and
19 agreed fee for a project may be amended in writing to cover such unforeseen expense or cost.
20 C. Payments:
21 1. Progress payments will be made by the COUNTY upon receipt of the
22 CONSULTANT's monthly invoices and approval by COUNTY thereof based on the
23 COUNTY's evaluation of the completion of the respective components of the project(s).
24 Invoices shall clearly identify the specific project, the phase of the project, the percent of the
25 work completed, agreed maximum fee, and description of the work performed, and shall be
26 submitted with the documentation identified in paragraph V.C.5 below. CONSULTANT shall
27 submit separate invoices for each phase of each project for work being performed under this
28 contract. Invoices shall be forwarded to:
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 Stuart G. Seiden, Division Manager
2 Capital Projects Division
3 Fresno County Public Works &Planning Department
4 2220 Tulare Street, Suite 610
5 Fresno, CA 93721-2104
6 2. Upon receipt of a proper invoice, the COUNTY Department of Public Works &
7 Planning will take a maximum of five (5) working days to review, approve, and submit it to the
8 COUNTY Auditor-Controller/ Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
9 will be returned to the CONSULTANT for correction and resubmittal. Payment, less retention,
10 will be issued to CONSULTANT within forty (40) calendar days of the date the Auditor-
II Controller/Treasurer-Tax Collector receives the approved invoice.
12 3. COUNTY is entitled to and shall withhold a five percent(5%) retention from the
13 earned compensation in accordance with the provisions of Article VII of this Agreement.
14 4. An unresolved dispute over a possible negligent error or omission may cause
15 payment of CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
16 5. Concurrently with the invoices, the CONSULTANT shall provide on COUNTY
17 request,pre-approved documentation,that complete payment, less a five percent(5%) retention,
18 has been made by CONSULTANT to all subconsultants as provided herein for all previous
19 invoices paid by the COUNTY. However, the parties do not intend that the foregoing creates in
20 any subconsultant or subcontractor a third party beneficiary status or third party beneficiary
21 rights, and expressly disclaim any such status or rights.
22 6. Final invoice, and separate invoice for retentions, shall be submitted to
23 COUNTY no later than thirty (30) days after a specific project is completed. Payment for
24 retentions for each project shall not be made until all services are completed for that project in
25 accordance with the provisions of Article I1I.
26 7. In the event the COUNTY reduces the scope of a specific project, the
27 CONSULTANT will be compensated on an hourly basis, not to exceed the agreed maximum for
28 that authorized phase, for actual work completed and accepted by the COUNTY in accordance
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 with the terms of this Agreement.
2 VI. COMPENSATION RECORDS:
3 The CONSULTANT shall keep complete records for the period of time referenced in
4 Article VIII.C, showing the hours and description of activities performed by each person who
5 works on the project and all associated costs or charges applicable to work covered by the basic
6 fee. The CONSULTANT will be responsible for all subconsultants keeping similar records.
7 VII. RETENTION FROM EARNED COMPENSATION:
8 The COUNTY is entitled to and shall withhold a five percent (5%) retention from the
9 earned compensation of the CONSULTANT separately for each project. Such retention from
10 earned compensation may, at the COUNTY'S option, be applied to all phases of the consultant
11 services of a project to be provided under this Agreement, including those phases completed.
12 VIII. AUDITS,ACCOUNTING AND INSPECTIONS ACCESS:
13 A. The CONSULTANT shall establish accounting and bookkeeping practices
14 including, but not limited to, employee time cards, payrolls, and other records of transactions
15 including those to be paid from a State Grant and Federal Grant funds in accordance with the
16 performance of this Agreement.
17 B. The CONSULTANT shall at any time during regular business hours, and as often as
18 the COUNTY may deem necessary, make available for examination by the Comptroller General
19 of the United States, United States Department of Housing and Urban Development (HUD),
20 State of California or the COUNTY Auditor-Controller / Treasurer-Tax Collector, or their
21 authorized representatives, all of CONSULTANT'S records and data with respect to matters
22 covered by this Agreement. The CONSULTANT shall permit Federal, State, or COUNTY
23 authorities to audit and inspect all invoices, materials, payrolls, records of personnel, conditions
24 of employment, and other data relating to matters covered by this Agreement.
25 C. The CONSULTANT shall be subject to the examination and audit of the Auditor
26 General for a period of three (3) years after final payment under this Agreement (Government
27 Code Section 8546.7).
28
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 IX. ERRORS OR OMISSION CLAIMS AND DISPUTES:
2 A. Definitions:
3 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
4 professional services, acting as a business entity (owner, partnership, corporation,joint venture
5 or other business association) in accordance with the terms of an Agreement with the
6 COUNTY.
7 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of
8 right, adjustment or interpretation of contract terms, payment of money, extension of time,
9 change orders, or other relief with respect to the terms of the contract. The term "Claim" also
10 includes other disputes and matters in question between the COUNTY and CONSULTANT
I arising out of or relating to the contract. Claims must be made by written notice. The
12 provisions of Government Code Section 901, et seq., shall apply to every claim made to
13 COUNTY. The responsibility to substantiate claims shall rest with the party making the claim.
14 The term "Claim" also includes any allegation of a negligent error or omission by the
15 CONSULTANT.
16 B. In the spirit of cooperation between the COUNTY and CONSULTANT, the
17 following procedures are established in the event of any claim or dispute by COUNTY or
18 CONSULTANT alleging a negligent error, act, or omission.
19 1. Claims, disputes or other matters in question between the parties, arising out of
20 or relating to this Agreement, shall not be subject to arbitration, but shall be subject to the
21 following procedures.
22 2. The Capital Projects Division Manager or his/her designated representative of
23 and CONSULTANT shall meet and confer and attempt to reach agreement on any dispute,
24 including what damages have occurred, the measure of damages and what proportion of
25 damages, if any, shall be paid by either party. The parties agree to consult and consider the use
26 of mediation or other form of dispute resolution prior to resorting to litigation.
27 3. If the COUNTY and CONSULTANT cannot reach agreement under the
28 immediately preceding paragraph IX.B.2, the disputed issues may, upon concurrence by all
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 parties, be submitted to a panel of three (3) for a recommended resolution. The
2 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the third
3 member shall be selected by the other two panel members. The discovery rights provided by
4 California Code of Civil Procedure for civil proceedings shall be available and enforceable to
5 resolve the disputed issues. Either party requesting this dispute resolution process shall, when
6 invoking the rights to this panel, give to the other party a notice describing the claims, disputes
7 and other matters in question. Prior to twenty (20) days before the initial meeting of the panel,
8 both parties shall submit all documents such party intends to rely upon to resolve such dispute.
9 If it is determined by the panel that any party has relied on such documentation, but has failed to
10 previously submit such documentation on a timely basis to the other party, the other party shall
1 I be entitled to a twenty (20) -day continuance of such initial meeting of the panel. The decision
12 by the panel is not a condition precedent to arbitration, mediation or litigation.
13 4. Upon receipt of the panel's recommended resolution of the dispute issues, the
14 COUNTY and the CONSULTANT shall again meet and confer and attempt to reach agreement.
15 If the parties still are unable to reach agreement, each party shall have recourse to all
16 appropriate legal and equitable remedies.
17 C. The procedures to be followed in the resolution of claims and disputes may be
18 modified at any time by mutual agreement of the parties hereto.
19 D. The CONSULTANT shall continue to perform its obligations under this Agreement
20 pending resolution of any dispute, and the COUNTY shall continue to make payments of all
21 undisputed amounts due under this Agreement.
22 E. When a claim by either party has been made alleging the CONSULTANT's
23 negligent error, act, or omission, the COUNTY Capital Projects Division Manager or his/her
24 designated representative and the CONSULTANT shall meet and confer within twenty-one(21)
25 days after the written notice of the claim has been provided.
26 X. JOINDER OF PARTIES:
27 The CONSULTANT, the CONSULTANT's consultants of any tier, subcontractors of
28 any tier, suppliers and construction lenders shall all be bound by the dispute resolution
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 provisions of this Agreement, and immediately upon demand of COUNTY or CONSULTANT,
2 shall participate in and shall become parties to the dispute resolution process, provided they
3 have signed any document that incorporates or refers to the dispute resolution provisions of this
4 Agreement. Failure of CONSULTANT, whether intended or inadvertent, to ensure that such
5 nonparties have signed such a document shall inure only to CONSULTANT's detriment, if any
6 there be. COUNTY shall not suffer a detriment by CONSULTANT's action or inaction in this
7 regard. If such a party after due notice fails to appear at and participate in the dispute resolution
8 proceedings, the panel established in accordance with the provisions of paragraph IX.B.3 shall
9 make a decision based on evidence introduced by the party or parties who do participate.
10 XI. CONSULTANT'S OBLIGATIONS RELATING TO CONSTRUCTION CLAIMS:
I A. The CONSULTANT will review and analyze construction contract claims and
12 recommend resolution of them as soon as possible following receipt of demand by COUNTY.
13 B. Within a reasonable time after receipt of a claim,the CONSULTANT shall provide a
14 written analysis of the claim to the COUNTY, signed by the CONSULTANT and any affected
15 subconsultants. The written analysis shall include the CONSULTANT's professional opinion of
16 the responsibility for payment of the claim, with supporting facts and documentation. A copy of
17 the written analysis shall be provided to the respective insurance adjusters for CONSULTANT
18 and any affected subconsultant.
19 C. Upon receipt of a claim, the CONSULTANT may also take one (1) or more of the
20 following actions, within ten (10) days of receipt of a claim:
21 1. Request additional supporting data from the claimant, requiring that such data be
22 supplied within ten (10)days of the request;
23 2. Submit a schedule to the parties indicating when the CONSULTANT expects to
24 respond to the claim, which schedule shall not exceed thirty (30) days from CONSULTANT's
25 original receipt of the claim;
26 3. Recommend rejection of the claim in whole or in part, stating the reasons for
27 such rejection;
28 4. Recommend approval of the claim by the other party,or
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 5. Suggest a compromise.
2 D. In every case, CONSULTANT shall provide its recommended resolution of a claim
3 within thirty (30) days from the original receipt of claim, unless the CONSULTANT obtains
4 COUNTY's prior written approval.
5 XII. INDEPENDENT CONTRACTOR:
6 A. In performance of the work, duties, and obligations assumed by CONSULTANT
7 under this Agreement, it is mutually understood and agreed that CONSULTANT, including any
8 and all of CONSULTANT's officers, agents and employees, will at all times be acting and
9 performing as an independent contractor, and shall act in an independent capacity and not as an
10 officer, agent, servant, employee, joint venturer, partner or associate of the COUNTY.
11 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
12 method by which CONSULTANT shall perform its work and function. However, COUNTY
13 shall retain the right to administer this Agreement so as to verify that CONSULTANT is
14 performing its obligations in accordance with the terms and conditions thereof.
15 CONSULTANT and COUNTY shall comply with all applicable provisions of law and the rules
16 and regulations, if any, of governmental authorities having jurisdiction over matters the subject
17 thereof.
18 B. Because of its status as an independent contractor, CONSULTANT shall have
19 absolutely no right to employment rights and benefits available to COUNTY employees.
20 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of its
21 employees all legally required employee benefits. In addition, CONSULTANT shall be solely
22 responsible and save COUNTY harmless from all matters relating to payment of
23 CONSULTANT's employees, including compliance with Social Security, withholding, and all
24 other regulations governing such matters. It is acknowledged that during the term of this
25 Agreement CONSULTANT may be providing services to others unrelated to the COUNTY or
26 to this Agreement.
27
28 /Jl
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SURVEYING CONSULTANT SERVICES AGREEMENT
I XIII. PARTIES BOUND BY AGREEMENT:
2 This Agreement shall be binding upon the COUNTY, the CONSULTANT, and their
3 respective successors in interest, legal representatives, executors, administrators, and assigns
4 with respect to all covenants as set forth herein.
5 XIV. REQUIRED APPROVALS:
6 It is understood that the CONSULTANT shall not assign, sublet, subcontract, or transfer
7 any of CONSULTANT's rights, duties, or obligations under this Agreement, without the prior
8 express, written consent of the COUNTY. Such consent and approval may be given only by the
9 COUNTY Board of Supervisors.
10 XV. COMPLIANCE WITH LAWS:
11 A. CONSULTANT shall comply with all Federal, State, and local laws, ordinances,
12 regulations, and Fresno County Charter Provisions in effect at the time of CONSULTANT's
13 performance of the professional services to be provided hereunder.
14 B. CONSULTANT shall submit a current version of its Illness and Injury Prevention
15 Plan (IIPP), applicable safety programs and contact information for the CONSULTANT's
16 responsible person for these programs to the COUNTY Representative at the time this
17 AGREEMENT is signed by the CONSULTANT. Throughout the term of this AGREEMENT,
18 Consultant shall provide updates to the safety plans and programs to the COUNTY
19 Representative as they are implemented.
20 XVI. GOVERNING LAW:
21 A. Any controversy or claim arising out of or relating to this Agreement which cannot
22 be amicably settled without court action shall be litigated either in a State court for Fresno
23 County, California, or in the U.S. District Court for the Eastern District of California, located in
24 Fresno County.
25 B. The rights and obligations of the parties and all interpretations and performance of
26 this Agreement shall be governed in all respects by the laws of the State of California.
27
28 /Il
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1 XVII. AMENDMENTS:
2 Any changes to this Agreement requested either by the COUNTY or CONSULTANT
3 may only be effected if mutually agreed upon in writing by duly authorized representatives of
4 the parties hereto. This Agreement shall not be modified or amended, nor shall any rights of a
5 party hereto be waived, except by such a writing.
6 XVIII.CONSULTANT'S LEGAL AUTHORITY:
7 A. Each individual executing this Agreement on behalf of CONSULTANT hereby
8 covenants, warrants, and represents:
9 1. That he or she is duly authorized to execute and deliver this Agreement on behalf
10 of such corporation in accordance with a duly adopted resolution of the corporation's board of
11 directors and in accordance with such corporation's articles of incorporation or charter and
12 bylaws;
13 2. That this Agreement is binding upon such corporation; and
14 3. That CONSULTANT is a duly organized and legally existing corporation in
15 good standing in the State of California.
16 XIX. HOLD HARMLESS:
17 A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers,
18 agents, and employees, against the payment of any and all costs and expenses (including
19 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily
20 and personal injury to or death of any person or for loss of any property resulting from or
21 arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT, its
22 officers, agents, and employees, in performing or failing to perform any work, services, or
23 functions under this Agreement.
24 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate in
25 the defense of any claim, suit, or other action alleging liability, arising from the performance or
26 failure to perform of any COUNTY construction contractor or subcontractor in connection with
27 any project for which CONSULTANT has been retained under Article III above. Such
28
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1 cooperation may include an agreement to prepare and present a cooperative defense after
2 consultation with CONSULTANT's professional liability insurance carrier.
3 XX. LIABILITY INSURANCE:
4 A. Prior to commencing the duties under the Agreement with the COUNTY, the
5 CONSULTANT shall furnish the COUNTY, at no additional cost to the COUNTY, certificates
6 for the following insurance policies which shall be kept in force during the term of the
7 Agreement (i.e., until the Agreement is terminated or it expires), and for such additional time as
8 may be specified herein with respect to a particular type of policy.
9 1. Commercial General Liability Insurance or Comprehensive General Liability
10 Insurance, naming the COUNTY as an additional insured, with limits of not less than one
11 million dollars ($1,000,000) per occurrence, with an annual aggregate of not less than two
12 million dollars($2,000,000).
13 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of
14 not less than two hundred fifty thousand dollars ($250,000) per person, five hundred thousand
15 dollars ($500,000) per accident and for property damages of not less than fifty thousand dollars
16 ($50,000), or such coverage with a combined single limit of five hundred thousand dollars
17 ($500,000).
18 3. Worker's Compensation insurance policy as required by the California Labor
19 Code.
20 4. Professional Liability Insurance:
21 a. Professional Liability Insurance with limits of not less than one million
22 dollars ($1,000,000) per occurrence, three million dollars ($3,000,000) annual aggregate, and
23 with a deductible not to exceed fifty thousand dollars ($50,000). A deductible greater than fifty
24 thousand dollars ($50,000) will be acceptable to the COUNTY receiving satisfactory, certified
25 information of the CONSULTANT's ability to support such a deductible. The financial ability
26 to support the difference between fifty thousand dollars ($50,000) and the greater deductible
27 amount requested by the CONSULTANT shall be guaranteed by any of the following:
28
1). Cash deposit with a trustee bank.
Page 16 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 2). Irrevocable letter of credit issued by a bank for the same time period as
2 specifically referenced in subparagraph XX.A.4.c herein.
3 3). Withholding payment under terms of the Agreement for the same time
4 period as specifically referenced in subparagraph XX.A.4.c. herein.
5 b. CONSULTANT and subconsultants shall make full disclosure, in writing to
6 the COUNTY, of all pending and open claims and disputes during the course of this Agreement
7 that affect the specified aggregate limits of the Professional Liability Insurance policy.
8 c. Professional Liability Insurance shall be kept in force for a minimum of two
9 (2) years past the date of final payment to CONSULTANT, and including the full and final
10 resolution of all claims, disputes, and matters in question regarding the project.
11 d. In the event that CONSULTANT voluntarily changes, or involuntarily
12 changes due to circumstances beyond its control, its Professional Liability Insurance policy
13 carrier during the period such coverage is required to be in force (as specified in the
14 immediately preceding subparagraph c. of this Article XX, Section A, Paragraph 4.), such new
15 policy shall include prior acts coverage retroactive, at least, to the date of execution of this
16 Agreement. CONSULTANT may, at its option and expense, purchase supplemental or "tail"
17 coverage from the former policy carrier, negotiate a retroactive reporting date with the new
18 policy carrier for claims incurred but not reported as of the date of change in policy carrier, and
19 shall in any event maintain Professional Liability Insurance in a manner that provides
20 continuous coverage to the COUNTY throughout the term of this Agreement, and for a period
21 of two (2) years past the issuance of final payment to the CONSULTANT.
22 B. CONSULTANT shall give COUNTY at least thirty(30) days written advance notice
23 of any expiration, cancellation or reduction in the coverage of any of the aforesaid policies.
24 C. The COUNTY, its officers, agents and employees, individually and collectively,
25 shall be named as an additional insured under the policy for Commercial General Liability
26 Insurance or Comprehensive General Liability Insurance, but only insofar as the operations
27 under this Agreement are concerned. Such coverage of COUNTY as additional insured shall
28 apply as primary insurance and any other insurance, or self-insurance, maintained by the
Page 17 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 COUNTY, its officers, agents, and employees, shall be excess only and not contributing with
2 insurance provided under the CONSULTANT's policies herein.
3 D. In the event CONSULTANT fails to keep in effect at all times insurance coverage as
4 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or
5 terminate this Agreement upon the occurrence of such event.
6 E. All policies shall be issued by admitted insurers licensed to do business in the State
7 of California and possessing a current A.M. Best, Inc. rating of A FSC VII or better.
8 XXI. OWNERSHIP OF DOCUMENTS:
9 A. CONSULTANT understands and agrees that COUNTY shall retain full ownership
10 rights of the drawings and the work-product of CONSULTANT for each project, to the fullest
11 extent permitted by law. In this regard, CONSULTANT acknowledges and agrees that
12 CONSULTANT's services are on behalf of COUNTY and are "works made for hire," as that
13 term is defined in copyright law, by COUNTY; that the drawings and work-product to be
14 prepared by CONSULTANT are for the sole and exclusive use of COUNTY, and shall be the
15 sole property of COUNTY and its assigns, and the COUNTY and its assigns shall be the sole
16 owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible
17 rights of any kind or nature in connection therewith; that all the contractual or intangible rights
18 of any kind or nature, title, and interest in and to the drawings and work-product will be
19 transferred to COUNTY by CONSULTANT, and CONSULTANT will assist COUNTY to
20 obtain and enforce patents, copyrights, trademarks, trade secrets, and other contractual and
21 intangible rights relating to said drawings and work-product; that COUNTY shall be and
22 become the owner of such drawings and work product, free and clear of any claim by
23 CONSULTANT or anyone claiming any right through CONSULTANT. CONSULTANT
24 further acknowledges and agrees that COUNTY's ownership rights in such drawings and work
25 product shall apply regardless of whether such drawings or work product, or any copies thereof,
26 are in the possession of CONSULTANT, or any other person, firm, corporation, or entity. For
27 the purpose of this Agreement the terms "drawings and work-product" shall mean all reports
28 and study findings commissioned to develop the design of each project, drawings and schematic
Page 18 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
I or preliminary design documents of each project, certified reproducibles of the original final
2 construction contract drawings of each project, specifications of each project, the approved
3 opinion of probable construction cost of each project, record drawings of each project, as-built
4 plans of each project, and discoveries, developments, designs, improvements, inventions,
5 formulas, processes, techniques, or specific know-how and data generated or conceived or
6 reduced to practice or learning by CONSULTANT, either alone or jointly with others, that
7 result from the tasks assigned to CONSULTANT by COUNTY under this Agreement. County
8 acknowledges and agrees that details, concepts, ideas, devices, configurations, and designs
9 previously developed or used by the CONSULTANT, or developed by the CONSULTANT
10 without COUNTY compensation, shall remain the property of the CONSULTANT and use is
11 granted to COUNTY only for the specific project undertaken under this agreement.
12 B. If a project is terminated prior to completion of the construction document phase of
13 any project under Article III, a reproducible copy and electronic files of documents as
14 completed at the time of termination of the project shall be submitted by CONSULTANT to the
15 COUNTY, which may use them to complete each project in future phases.
16 C. If the project is terminated at the completion of the construction document phase of
17 any project, a reproducible copy and electronic files of final construction contract drawings
18 (both .dwg and .plt files), specifications, and approved opinion of probable construction cost
19 shall be submitted by CONSULTANT to COUNTY.
20 D. Documents, including drawings and specifications, prepared by CONSULTANT for
21 any project pursuant to this Agreement are not intended or represented to be suitable for reuse
22 by COUNTY or others on extensions of the services provided for that project or any other
23 project. Any use of completed documents for other projects and/or any use of uncompleted
24 documents will be at COUNTY's sole risk and without liability or legal exposure to
25 CONSULTANT.
26 E. COUNTY has requested that certain machine readable information and CAD data on
27 construction documents be provided by CONSULTANT for each project under this Agreement.
28 Such machine readable information and CAD data are more specifically described in Article III.
Page 19 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT shall not be liable for claims, liabilities or losses arising out of, or connected
2 with:
3 1. The modification or misuse by COUNTY, or anyone authorized by COUNTY,of
4 such machine readable information and CAD data; or
5 2. Decline of accuracy or readability of machine readable information and CAD
6 data due to inappropriate storage conditions or duration; or
7 3. Any use by COUNTY, or anyone authorized by COUNTY, of such machine
8 readable information and CAD data for additions to any such project or for the completion of
9 any such project by others, or for other projects.
10 XXII. TERM AND TIME OF COMPLETION:
11 A. Upon request of the Capital Projects Division Manager or his/her designated
12 representative, the CONSULTANT shall submit for the Capital Projects Division Manager or
13 his/her designated representative's approval, schedules for the performance of the
14 CONSULTANT's services which may be adjusted by mutual agreement as the projects proceed,
15 and shall include allowances for periods of time required for the COUNTY's review and
16 approval of submissions by authorities having jurisdiction over the projects. Time limits
17 established by these schedules approved by Capital Projects Division Manager or his/her
18 designated representative shall not, except as provided in this Agreement, be exceeded by the
19 CONSULTANT.
20 B. CONSULTANT shall diligently proceed with the agreed scope of services and shall
21 provide such services in a timely manner. Failure of the CONSULTANT to meet any deadline
22 listed in the above-referenced schedules once such failure continues more than seven (7)
23 calendar days past the specified completion date (unless the delay is attributable to the
24 COUNTY or State), is sufficient cause to immediately terminate this Agreement, at the option
25 of the COUNTY, in accordance with Section XXIII.C.
26 C. This Agreement shall become effective upon approval by COUNTY's Board of
27 Supervisors, on the date first set forth above, for a base term of three (3) years, and shall expire
28 at the conclusion of said base term unless extended by COUNTY for a maximum of two (2)
Page 20 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 additional one-year periods upon provision of written notice by the Director of the Department
2 of Public Works and Planning or his/her designee, or unless it is terminated earlier in
3 accordance with the provisions of Article XXIII.
4 XXIII.TERMINATION OF AGREEMENT:
5 A. This Agreement may be terminated without cause at any time by the COUNTY upon
6 thirty (30) calendar days written notice. If the COUNTY terminates this Agreement, the
7 CONSULTANT shall be compensated for services satisfactorily completed to the date of
8 termination based upon the compensation rates and subject to the maximum amounts payable
9 agreed to in Article V, together with such additional services satisfactorily performed after
10 termination which are expressly authorized by the COUNTY Representative in order to
11 conclude the work performed to date of termination.
12 B. If the CONSULTANT purports to terminate the Agreement, or otherwise refuses to
13 perform pursuant to the Agreement, for reasons other than material breach by the COUNTY,the
14 CONSULTANT shall reimburse the COUNTY, up to a maximum of seven thousand five
15 hundred dollars ($7,500) for the actual expense of issuing a Request For Proposal (RFP),
16 engaging a new CONSULTANT, and the new CONSULTANT's cost in becoming familiar with
17 the previous CONSULTANT's design.
18 C. The COUNTY may immediately suspend or terminate this Agreement in whole or in
19 part, where in the determination of the COUNTY there is:
20 1. An illegal or improper use of funds;
21 2. A failure to comply with any term of this Agreement;
22 3. A substantially incorrect or incomplete report submitted to the COUNTY;
23 4. Improperly performed service.
24 D. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
25 of any breach of this Agreement or any default which may then exist on the part of the
26 CONSULTANT, nor shall such payment impair or prejudice any remedy available to the
27 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand
28 of the CONSULTANT the repayment to the COUNTY of any funds disbursed to the
Page 21 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT under this Agreement, which, in the judgment of the COUNTY and as
2 determined in accordance with the procedures of Article IX ("Errors or Omissions Claims and
3 Disputes"), were not expended in accordance with the terms of this Agreement. The
4 CONSULTANT shall promptly refund any such funds upon demand.
5 E. The terms of this Agreement, and the services to be provided thereunder, are
6 contingent on the approval of funds by the appropriating government agency. Should sufficient
7 funds not be allocated, the services provided may be modified, or this Agreement terminated at
8 any time by giving the CONSULTANT thirty(30) days advance written notice.
9 XXIV.CONFLICT OF INTEREST:
10 A. The CONSULTANT shall comply with the provisions of the Fresno County
11 Department of Public Works Conflict of Interest Code, attached hereto as Exhibit B and
12 incorporated herein. Such compliance shall include the filing of annual statements pursuant to
13 the regulations of the State Fair Political Practices Commission.
14 XXV. DISCLOSURE OF SELF-DEALING TRANSACTIONS
15 A. This provision is only applicable if the CONSULTANT is operating as a
16 corporation (a for-profit or non-profit corporation) or if during the term of this AGREEMENT,
17 the CONSULTANT changes its status to operate as a corporation.
1$ B. Members of the CONSULTANT'S Board of Directors shall disclose any self-
19 dealing transactions that they are a party to while the CONSULTANT is providing goods or
20 performing services under this AGREEMENT. A self-dealing transaction shall mean a
21 transaction to which the CONSULTANT is a party and in which one or more of its directors has
22 a material financial interest. Members of the CONSULTANT'S Board of Directors shall
23 disclose any self-dealing transactions that they are a party to by completing and signing a Self-
24 Dealing Transaction Disclosure Form (attached as Exhibit C and incorporated herein by this
25 reference); and submitting it to the COUNTY prior to commencing with the self-dealing
26 transaction or immediately thereafter.
27 XXVI. ENTIRE AGREEMENT:
28 A. This Agreement constitutes the entire agreement between the COUNTY and the
Page 22 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT with respect to the subject matter hereof and supersedes all previous
2 negotiations, proposals, commitments, writings, advertisements, publications, and
3 understandings of any nature whatsoever unless expressly included in this Agreement.
4 XXVII. SEVERABILITY:
5 A. Should any provision herein be found or deemed to be invalid, this Agreement shall
6 be construed as not containing such provision, and all other provisions which are otherwise
7 lawful shall remain in full force and effect, and to this end the provisions of this Agreement are
8 hereby declared to be severable.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 23 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
2 executed as of the day and year first above written.
3
4 CONSULTANT COUN Y OF FRESNO
5 Q _BY: BY:
6 DAVID . ARTLEY DEBORAH A. POOCHIGIAN, CHAIRMAN
TITLE: CFO BOARD OF SUPERVISORS
7 BEDROCK ENGINEERING
PO BOX 25783
8 FRESNO, CA 93729
9
10 REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL FORM:
FOR APPROVAL DANIEL C. CEDERBOR UNTY
I I COUNSEL I
12
1
13 BY: / L
ALAN AVER, DIRECTOR DEPUTY COUNT COUN EL
14 DEPARTMENT OF PUBLIC WORKS
AND PLANNING
15
16
Various Funding Orgs. APPROVED AS TO ACCOUNTING FORM:
17 VICKI CROW, C.P.A., AUDITOR-
18 CONTROLLER/TREASURER - TAX
COLLECTOR
19
ATTEST:
20 BERNICE E.SEIDEL,Clerk
Boar vis upero BY:
21 By �`` DEPUTY
eputy
22
23
24 FUND: 0001, 0010, 0105, 0107, 0110, 0400
ORG: 4360, 4510, 8840, 8842, 8846, 8847, 8848, 8849
25 ACCT: 7295, 8150
26
27
28
Page 24 of 24 Pages
EXHIBIT
I loon#& M1111111111II&
'Mmma J k P.O.Box 25783,Fresno,CA 93729
rX%J `K 559.M.4M9 fax:M9.M.4869
Ano mw.bedmckeng.com
_,,)EN01NEEF?1N0
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-prevailing wage) HOURLY RAT
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 Riegi 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 Riegi Z3901 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 material/composition of the utility;surface evidence and
accessibility of the utility(i.e.manholes,cleanouts,vaults,flags/markers,risers,etc.);and the properties of the soil where the utility is buried.
Bedrock Will locate utilities under the direction of a project supervisor or site superintendent to ensure that the areas being checked meet the needs
of the client and that the client understands the product of Bedrocks efforts.Our clients should always call"811*and have the area checked by
Underground Service Alert(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(i.e."potholing)remains the most reliable form of
underground utility location.
Michael S.Hartley,PLS*President Peter Mayne,PLS#Vice President David O.Hartley,RCE-CFO
Dedicated to serving the Central Valley's civil engineering and land surveying needs
Zr. I.-EXHIBIT B
Ti1.£ �r.SI23 '
February 23t 1999
aeso3.urtosa 899-086
1 BEFORE THE BOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESNO
3 STATE OF CAUFORMA
In the matterof
B Adoption of Standard Conflict of Interest &eaolut�ssu �499-086
t3 Code forAll County Departments.
g Whereas,the Pollffcal Reform Act; Government Coda section M000 at seq..
S requires stale and local government agencdes to adopt and promulgats conflict of hiered
to codes;and
1i Whereas,the Pair Poftd Pmddoes Commission had adopted a regulaWn,2
t2 Califomla Code of Regulations section 18730, which contains the terms of a standard
18 conflict:of Interest code, and which may be amended by the Fair PaUtical Pradlces
74 Commission after publin notices and hearings to coriform to amendmens to ihs PoUtled
15 Reform Act;and
l S Whereas.any Iwal agency mayinoorporate•this standard conflict of intsrsst code,
17 and thereafter need not amend the text of Is code to conform to future amendmenfs b the
18 PoNcai Reform Actor its regulations:and
Whe:ms, the Board of Supervisors Is the code mviawing body for Pit County
I$ departments e=eptcombr,and
20 Whereas,the Hoard of Supawlsors may adopt;the standard conflict of intamM
21 code on behalf of all County departments.
22 Now therefore be It resolved,thattheterms of 2 CaUbmia Code of RegrrlaUms
23 soon 18730,and any amendments to it duly adopted by the Fair Political Practices
24 Commission,are hereby Incorporated by reference and,along with the Exh9 is A and B
25 approved prevfaualy,todgy,or In the future,by this Board for each County department In
28 which ofllcam and employees are desigriatad and disdosure categories are sat forth,.
2?
28
t
EXHIBIT B
constitute the conflict of Interest codes of each County department except coin
2 Confihatof Interedibirns shalt be fled as follows:
3 1. As required by Govemment Code Seeffon 875oo, subdivWon (s),the
4 County Admfnistrative Offt w. Dlstriat Attorney, County Counsel, and Audfio
5 ControlledTmasurer--Tax Collectorshail fie one odginal ofthair statements with the C
8 Cferk,who shall make and refatn copies and forward the ortgInals to the Farr Pdf l
7 Praeffbas Commis*m which shah be fire iUfng offbw. The County Admintstraffve Officer,
8 Distdot Attorney,County Counsel,and Auditor-Conhollarlllaasurer-Tax Cbnsdorstra6 aba
9 file one copy ofthelr•etatements with the Cferkto the Board of Supervisors.
40 2. As required by Goverrunant Code section 8?i M,subdIMon#).el oter
i j department heads shall file one odgiaai ofibeirsfatemeirts whelhetrdepmknants. Thef la
12 after of each department shall make and retain a copy of the deparfrrrant tread's statount
13 and shall forwaudtfreoriglnalto the Ck*to the Board ofSupervisors.
14 8. Ali otherdestgnated employees shall#ffe one cuiginal crfthelr statements wth
is their deparbnents.
#S Ail statments shalt be public records and shag be made avalWe for punts
17 Inspection and reproduadon. (Gov.Code,§81008.)
18 Adopted at a regular madam of the Board of Supembom,held on the 23ra day
19 of yehmmm, _15. 99.by ihe'tallowiing vote,to v&
20
Ayes: Supervisors xv14;an, Case. Axmbuu, urea, 'Levy
21 Noe= Note.
22 Absent: None
23
24
A�9Cs
25 s srcxm, cr�mc
aDAan OF 80MLVMRB
26 . .
27 $� . UEPUZY
,
28 F31e #15123 AgaaHa MReso2uttou $99-08fi
2
.EXHIBIT B
EXHIBIT"A"
PUBI_1C WORKS AND PLANNIN
GtassiReation Category
Accountant t/It 2
Architect 1
Assistant Real Properly Agent 1
Associate Real Properly Agent 1
Building inspector I/11 1
Building Plans Engineer 1
Capital Projects Division Manager 1
Chief Building Inspector 1 -
Chief of Field Surveys 1
Community Development Manager 1
Consultant
Deputy Director of Planning 1
Deputy Director of Public Works 1
Development Services Manager 1
Director of Public Works and Planning 1
Disposal Srfte Supervisor 2
Engineer I/11/III 1
Field Survey Supervisor 3
Housing Rehabli ltation Specialist I/11 1
Information Technology Analyst I 11111111 IV 2
Planner t/It/111 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
SeniorAc oountant 2
Senior Economic DevelopmentAnalyst 1
Senior Engineer 1
Senior Engineering Technician 2
Senior Geologist 1
Senior Information Technology Analyst 2
Senior Planner 1
Classification Cate
Senior Staff Analyst 9
Senior Systems and Procedures Analyst 2
Staff Analyst t/11/ill 2
Supervising Accountant 2.3
Supervising Building inspector q
Supervising Engineer 9
Supervising Water/Wastewater Specialist 2,3
Systems and Procedures Analyst 1 111/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 Works and Planning may determine in writing that
a particular consultant,although a`designated posilion',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 shag 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 Worsts 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.
EXHIBIT B
EXHIBIT UEP
EMMUG WORKS ANp P '►NNWQ
i. Persons In this category must disclose all Investments,Interests In rest property and
Income,and business pmMons. PtnancW interests ewreportabb dnlylflaraM WMin
ar sulajeat to the jurlsdfdlon of Fresno Ctnut* or if ihs business entity 6-doing
business orplanningto dobusirtessinthe furisdldlon,orhas clone budnesswithinft
Iffiisdictich at any t11Ne ding the't b jrMes pffftd"ttt&fi tg ofihib s"ient. Real .
property shall be deemed to be within the Wsdlcfton°of the am*if R Is located
wWm or not mote than two miles ottisids the boundaries of the County UrIcluding its
incorpanded cities), or within two miles of any land owned or used by the Courdy.
2. Parsons In this category shall disclose all Investments In,fi=mef %and business
posillons with any business erdilywhIch,wlgilnthe lastiwa years,has contracted arfn
the fcrtctra may forsesebiy corAmot with Fresno Courtly through its Public Waft and
Piam iing Qeparhnent;.Si3U d Wastes Commissions wit n t w jLdsdldfon,orta anyother .
joint powers agency Wch Fresno County Is a member to provide servIam,supplies,
materials=machinery,or equipment to the County.
S. Parsons In the category shall disclose all Inter&ls In reef property wffi-dn lira
jurisdiction. Rest Property shall be deemed ter be within the Jurlsdlcffon Ito property
or any part of It Is food*thin or nat more then two miles outside the boundaries of
Fresno Courtly Onctuding Ra ThoorpotaWd dfles)or within two mile of any land owned
or operated by the Courly.
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 agencylcompany with which the corporation has the
transaction; and
b. The nature of the materiai 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
Pianie: :Dates'.,
Job;ntlet_
��� .a.>-,� �+� ;ii��n"' ocons�st'e`' ni�, �i�.r�e�g`•T� ���;s"sr.�t onnG� e�?�3
F Signature:ii.: Y rS± ` �4' c._.inx^ a•.�. u�i��r axj.��' +t y .�,.�e.S�N.1" 3 t
�fa+.•.A.*Gw.G
Date•
Page 2 of 2