HomeMy WebLinkAboutAgreement A-15-606 with Lars Andersen Associates Inc..pdf 15-1669 Agreement No. 15-606
SURVEYING CONSULTANT SERVICES AGREEMENT
1 THIS AGREEMENT is made and entered into this OL�'day of�P&4-�e1(, 20 15 ,
2 between the County of Fresno, a political subdivision of the State of California, (hereinafter
3 called "COUNTY"), and Lars Andersen & Associates, Inc., a California corporation, located
4 at 4694 W.Jacquelyn Avenue, Fresno, CA 93722 (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
8 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.
1 I 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: Daniel J. Zoldak, P.E., LEED AP, CASp Position: Vice President
23 Telephone: (559) 276-2790 Fax: (559)276-0850
24 E-Mail: dzoldak a larsandersen.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 2-13 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 CONSULTANT
28 shall communicate and coordinate with the COUNTY Representative who will provide the
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 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
8 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 III.
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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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 VIL 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).
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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
11 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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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
11 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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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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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
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1 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
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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
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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
1 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
I 1 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.
18 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
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
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 CONSULT COU OF F S O
6
BY: d BY:.
7 XDANI J. ZOLDAK DEBORAH A. POOCHIGIAN, C IRMAN
TITLE'. VICE PRESIDENT BOARD OF SUPERVISORS
8 LARS ANDERSEN& ASSOCIATES, INC.
4694 W. JACQUELYN AVENUE
9 FRESNO, CA 93722
10
11 REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL FORM:
FOR APPROVAL DANIEL C. CEDERBORG, CO TY
12 COUNSEL I
13
14 BY: �l� BY:�
ALAN WEAVER, DIRECTOR DEPUTY COUNTY OUNSEL
15 DEPARTMENT OF PUBLIC WORKS
AND PLANNING
16
17
Various Funding Orgs. APPROVED AS TO ACCOUNTING FORM:
18 VICKI CROW, C.P.A., AUDITOR-
CONTROLLER/TREASURER-TAX
19 COLLECTOR
20
ATTEST:
21 BERNICE E.SEIDEL,Clerk
Board fSupervisors. BY:
22 By DEPUTY
e ty
23
24
25 FUND: 0001, 0010, 0105, 0107, 0110, 0400
ORG: 4360, 4510, 8840, 8842, 8846, 8847, 8848, 8849
26 ACCT: 7295, 8150
27
28
Page 24 of 24 Pages
EXHIBIT A
Lars Andersen&Associates,Inc.
2015 for Fresno County On-Call Contract Fees for Professional Services
Professional Services Hourly Rate
Expert Witness $375.00
Principal Engineer $165.00
Principal Engineer(Vice President) $125.00
Certified Access Specialist(CASp) $125.00
Chief Surveyor $107.00
Project Manager $107.00
Project Engineer $ 93.00
Graphic Engineer $ 80.00
Design Engineer $ 77.00
Design Technician $ 67.00
Assistant Technician $ 57.00
Project Coordinator $ 77.00
Survey Manager $ 87.00
Survey Technician $ 65.00
Survey Crew(I man GPS)(NON-PREVAILING) $145.00
Survey Crew(I man GPS)(PREVAILING) $185.00
Survey Crew(2 man GPS)(NON-PREVAILING) $175.00
Survey Crew(2 man GPS)(PREVAILING) $255.00
Survey Crew(3 man GPS)(NON-PREVAILING) $190.00
Survey Crew(3 man GPS)(PREVAILING) $310.00
Engineer Assistant $ 67.00
Clerical $ 47.50
Consftedon Stakes are based on Market Vahm(plus 10%)
Printing
Mylars-Large 36 x 42 $15.00/Sheet
Myiars-All other sizes $10.00/Sheet
Large Bond-Black/White $ 8.50/Sheet
Small Bond-Black/White $ 5.50/Sheet
Small/Large Bond-Color $12.00/Sheet
Photocopies(8%s x11)-Black&White $ 0.15/Sheet
Photocopies(8!a x11)-Color $ 0.50/Sheet
Facsimile $ 0.50/Sheet
Mi 1�age
Mileage $ 0.55/Mile
Office Hours
Monday through Friday-8:00 a.m.to 5:00 p.m.
z' EXHIBIT B
. , Beb=axy 23, 1999
xwo3utim 999-086
Z BEFORE THE BOARD OF SUPERVISORS
2 OF THE GOUM Y OF FRESNO
a STATE OF CALIFORNIA
' F ='•
In the matter of
5 Adopffonof Standard Conflict ofInterest Resolution 499-086
6 CodeforAtl County Departments.
7
8 Whereas,the Political Reform Act; Government Code section 8100 et seq.,
S reguires state and local govemmentagencles to adoptand promulgate conflict of hterest
10 codes:and
-I'l ll hareas,the Fair Politital,Pracbm Commdolon has,adopted a regulation,2
l2 Callibmis Code of Regrrlati ms section 18730,which contains the farms of a standard
.13 conflict of Interest code, and which may be amended by the Fair Pollilwl Pradlces
14 Commission after publics noffew and hearings to conform to amendments to the Polltkdl
15 RefournAci;and
S Whereas,any total agencymayincorporatathts standard conflictofktferastrode,
17 and thereafter need not amend the text of ffs code to confbnn to future arneWmw is toffre
1
8 Polltloal Reform Act:orb regulations;and
Whams, the Board of Supendsors Is the code reviewing body for all County
98 departments except courts;and
20 Whereas,the Hoard of Su eivisors p may adopt the standard+cotrfitrt of intarest
21 code on behalf of all County departments.
22 Now Cher albre be It resolved,thatihai m of 2 Ca feirnia Code of Regulations
23 'Seaton 18730, and any amendments to It duly adopted by the Fair Poildcal Practlaw
24 Commission,are hereby Incorporated by reference and,along with the ExWbffs A and B
25 approved previously,today,or In the Future,by this Board for each County department,In
28 whtoh off cars and employees are dest aftd and disclosure categories are set lotto, .
27
28
f
EXHIBIT B
constitute the conflict of Interest codes of each County department except coudts.
Conflict of Interestforms shall bailed as f lbws:
I. As required by Government Code Section 87600, subdivision (a),the
4 County Adminlstrative Qflfcer, Dlsfrlat Attorney, County Cowssel, and Aud@a
5 Controller]Treasurer-Tax Colteetor•shall file one odlglnal ofthek statements with the C
B Clerk,who shall make and retain copies and Ibmvard the orlginals;to the Fair Poilt W
7 Practnres Commisslom which shalt be the Ming of low. The Courty Admintstra#ive Officer.'
S District Attorney,County Counsel,and Auditor-ControAert rmasurer--Tax Collectarshall also
9 file one copy oftheir statements with the Clarkin the Board of Supervisors.
40 2. As required by Government Code section 87600,subdivision Q).el cter
1-1 department heads shall file one ori*W oftheirstatsm"withtheirdegadmerk Thefft
12 officarofeach de.partmentshall make and retain a copyof the department heaftstate=nt
j3 and shalt forweird the original to the Clad D the Board of Supervisors.
14 S. All othecdesignated empbyees shallile one original offheir statements vith
5 their departments.
All statements shalt be publle records and shah be made avaltable far pubic
17 Inspection and reproduction. (C-Kw.Corte,§8100.)
Is Adopted at a regular meaffig of the Board of Supervisors,held on the 23rd day
1$ of V_tb=e= _19 99.by thefolic wing vote.to wiwit
20 '
Ayes: supeiviea= ]rai4jim, case, Ai mbuizv o'km, Levy
2122
Noes �'tasse
Absent: Nave
23
24 Cr ' v, aoAaa sRv
A��s
25 Sri I GRM WOGD, CLERK
xom OF sOsevMoss
26
27 By .
-gam,
28 PIU 915123 Agenda M ResaZotiarcs 999-086
2
- --EXHIBIT B
EXHIBIT"A"
.PUBLIC WQRI4S AND PLANNING
CksSI 'tcattion CaterrDry
Accountant I/It 2
Architect 1
Assistant Real Property Agent 'I
Associate Real Property 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 Site supervisor 2
Engineer I/If/III 1
Field Survey Supervisor 3
Housing Rehabilitation Specialist 1111 1
Information Technology Analyst t 111/III/IV 2
Planner I/It/III 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 'I
Resources Manager 1
Road Maintenance Supervisor 2.3
Road Superintendent 1
Senior Accountant 2
Senior Economic D'evelopmentAnaiyst 1
Senior Engineer 1
Senior Engineering Technician 2
Senior Geologist 1
Senior Information Technology Analyst 2
Senior Planner 1
. (-E(H1BIT B
Classification Category_
Senior Staff Analyst 9
Senior Systems and Procedures Analyst 2
Staff Analyst I/li/ill 1
Supervising Accountant 2,3
Supervising Building Inspector q
Supervising Engineer q
Supervising Water/Wastewater Specialist 2,3
Systems and Procedures Analyst I 111/Ill 2
Systems and Procedures Manager 2
Traffic Maintenance Supervisor 2
* Consultants shah be included in the list of designated employees and shalt disclose
pursuant to the broadest disclosure category in.the code subject to the following
limitation: The Director of Public Works and Planning may determine in writing that
a particular consultant,although a`designated position°, is hired to perform a range
of duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written determination 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 Works and
Planning's determination!%a public record and shall be retained for public inspection
in the same manner and location as this conttict of Interest code.
• _ EXHIBIT B
EKHiBIT u�u
,PUBLIC IiE ORK§MD-
i. Persons In this cratsgory must discloss all Investments,interests In real property and
Imome,and business positions. MnanM interests arsrgm tabis dnlyrbcatsdudit
or subject to the jttrlsdlotton of Fmesncr Caul* or if the business srAt is••rdoing
bushms orplanning to do business to the f urisdic tic%or has done bLwhv=wMfnft
jimsdictra'n at cant'ir'me dit the tdo year`s ddrj'td"thbfl hg ofihb st"ient. R" .
property shad be deemed to be Within theWsdlrfron°of the Cminly I It Is located
within or not more tr ian Wo miles outside the boundaries of the County{including its
incorporated riles),or within t w miles of any land owned of used by the County.
2. Parsons In this categmyy shall disdose all Investments in,Income fpx%and business
positions with arty business er ity which,Krithtrtthe lasttwo year's,has contmctsd Orin
the fLOre may forsseaabiy corAmot with Fresno County Uvaugh Its Pubriq Works and
Planning Depar nmt.Saorid Waste Comdssions vuithrn the judsdrdton,orto anyother .
jaht powers tgency which Fresno Cmatty is a member to provide serviaca%suppiles,
rrrstarlais,machinery,orsWipmentto the County.
S. Persons In the category shall disclose all Intsre'sts In real property wittrirt the
jurisdiction. Rest Properly shalt be deemed to be vMn the juriedIcHon Ito pmp*
or any part of It Is loud within or not mane than two males outside the boundades of
Fresno Cow*# tdudmg fts rncotpmmM hers}orwM*%twcr mile of any land owned
or operated by the County.
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 interesf
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 companylagency 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 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
Namei M°Dafee
tola.Tittee_:.
10011 l seer t e �e etf e.ting tra is
Ci:-f.-...'N,. fp ,r ' y��..�rr.`�. :r-;`.a. ,.-r."TM�S.,-�T*�.Y' .
1Al ns C-t�o cb»s step 1t1 i` pra 0
Signature: Date
Page 2 of 2