HomeMy WebLinkAboutAgreement A-16-038 with Live Oak Associates Inc..pdf Agreement No. 16-038
15-1775
1 CONSULTANT AGREEMENT
2 THIS AGREEMENT for specialized professional Environmental Consultant Services,
3 hereinafter referred to as the "AGREEMENT," is made and entered into thisvl `�6 day of
4 �2016, by and between the COUNTY OF FRESNO, a political subdivision of
5 the State of California, hereinafter referred to as the "COUNTY"; and Live Oak Associates,
6 Inc., a California Corporation, whose address is 39930 Sierra Way, Suite B, Oakhurst, CA
7 93644, hereinafter referred to as the "CONSULTANT".
8 WITNESSETH
9 WHEREAS, the COUNTY desires to retain the CONSULTANT to provide on-call
10 specialized professional environmental consulting services to assist COUNTY in complying
11 with federal and state environmental laws, regulations and guidelines as necessary for
12 road, landfill and capital improvement projects (hereinafter referred to as "PROJECT(S))"
13 proposed by the COUNTY; and
14 WHEREAS, said CONSULTANT has been selected in accordance with the
15 COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, and
16 other professionals to provide the engineering services necessary for the PROJECTS; and
17 WHEREAS, the individual listed below
18 Erin Haagenson, Senior Staff Analyst
19 2220 Tulare Street, 6th Floor, Fresno, CA 93721
20 559-600-4528
21 ehaagensonO-co.fresno.ca.us
22 is designated as the CONTRACT ADMINISTRATOR for the AGREEMENT on behalf of the
23 COUNTY, and shall remain so unless the CONSULTANT is otherwise notified in writing by
24 the COUNTY's Director of Public Works and Planning or his/her designee (hereinafter
25 referred to as "the DIRECTOR"); and
26 WHEREAS, the individual listed below
27 David Hartesveldt, President
28 PO Box 2697
COUNTY OF FRESNO
Fresm'Califomia
12/22/15
1
1 Oakhurst, CA 93644
2 (559) 642-4800
3 dhartesveldt@loainc.com
4 is designated as the CONSULTANT'S PROJECT MANAGER for the for the AGREEMENT,
5 and shall remain so unless the CONSULTANT requests and the DIRECTOR approves, in
6 writing, a change of the CONSULTANT'S PROJECT MANAGER, which approval will not
7 be unreasonably withheld; and
8 WHEREAS, said AGREEMENT is subject to 49 Code of Federal Regulations
9 (hereinafter referred to as "49 CFR"), Part 26 Participation by Disadvantaged Business
lo Enterprises in Department of Transportation Financial Assistance Programs,
11 Disadvantaged Business Enterprise programs established by other federal agencies and/or
12 the COUNTY'S Disadvantaged Business Enterprise Program (all of which hereinafter
13 referred to as "DBE PROGRAMS)").
14 NOW, THEREFORE, in consideration of the promises and covenants set forth
15 herein, the above named parties agree as follows:
16 I. CONTRACTING OF CONSULTANT
17 A. The COUNTY hereby contracts with the CONSULTANT as an independent
18 contractor to provide all environmental consultant services required for the PROJECT(S).
19 Said services are described in Article 11 and enumerated in Article III herein.
20 B. The CONSULTANT'S services shall be performed as expeditiously as is
21 consistent with professional skill and the orderly progress of the work, based on schedules
22 for each specific PROJECT mutually agreed upon in advance by the CONTRACT
23 ADMINISTRATOR, and the CONSULTANT, and consistent with schedules established
24 under Article VI.
25 C. The CONSULTANT'S PROJECT team staff shall be as listed in Appendix A,
26 attached hereto and incorporated herein. Any substitutions of personnel shall be approved
27 by the CONTRACT ADMINISTRATOR, which approval shall not be unreasonably withheld.
28 The CONSULTANT shall notify the CONTRACT ADMINISTRATOR of the names and
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Fresno,California
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1 classifications of employees assigned to each specific PROJECT, and shall not reassign
2 such employees to other PROJECTS of the CONSULTANT without notification to and prior
3 approval by the CONTRACT ADMINISTRATOR.
4 D. The CONSULTANT may retain, as subconsultants, specialists as the
5 CONSULTANT requires to assist in completing the work. All subconsultants used by the
6 CONSULTANT shall be approved in writing by the CONTRACT ADMINISTRATOR before
7 they are retained by the CONSULTANT; which approval shall not be unreasonably
8 withheld. The subconsultants listed in Appendix B, attached hereto and incorporated
9 herein, shall be considered as approved by the CONTRACT ADMINISTRATOR. Should
lo the CONSULTANT retain any subconsultants, the maximum amount of compensation to
11 be paid to the CONSULTANT under Article VI below shall not be increased. No additional
12 compensation will be paid to the CONSULTANT for surcharges to subconsultants' work,
13 however, consultants may charge for time spent overseeing subconsultants' work.
14 E. The CONSULTANT and affiliated subconsultants shall not submit bids, or
15 sub-bids, for the contract construction phase of the PROJECT assigned to the
16 CONSULTANT. The CONSULTANT and its subconsultants, and all other service
17 providers, shall not provide any PROJECT-related services for, or receive any PROJECT-
18 related compensation from any construction contractor, subcontractor or service provider
19 awarded a construction contract (hereinafter referred to as the "CONTRACTOR") for all or
20 any portion of the PROJECT(S) for which the CONSULTANT provides services hereunder.
21 The CONSULTANT and its subconsultants, and all other service providers, may provide
22 services for, and receive compensation from a CONTRACTOR who has been awarded a
23 construction contract for all or any portion of the PROJECT(S) provided that any such
24 services which are rendered, and any compensation which is received therefor, relates to
25 work outside the scope of the AGREEMENT and does not pose a conflict of interest.
26 F. Any subcontract in excess of$25,000 entered into as a result of this
27 AGREEMENT, shall contain all the provisions stipulated in the AGREEMENT to be
28 applicable to subcontractors.
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Fresno,California
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1 G. The CONSULTANT is responsible for being fully informed regarding the
2 requirements of 49 CFR, Part 26 and the California Department of Transportation's
3 (CALTRANS) Disadvantaged Business Enterprise program developed pursuant to the
4 regulations, as detailed in Appendix C, attached hereto and incorporated herein.
5 11. DESCRIPTION OF THE WORK COVERED BY AGREEMENT
6 A. The work to be performed by the CONSULTANT under the AGREEMENT
7 includes professional services under Article III for various PROJECTS.
8 B. The CONSULTANT agrees to provide the professional services that are
9 necessary for each PROJECT when expressly authorized in writing by the CONTRACT
lo ADMINISTRATOR. Such work by the CONSULTANT shall not begin until the
11 CONSULTANT has received a written Notice to Proceed from the CONTRACT
12 ADMINISTRATOR authorizing the necessary service, agreed upon fee, and scope of work.
13 Ill. CONSULTANT'S SERVICES
14 The CONSULTANT shall submit proposals in response to requests for technical
15 services related to biological, cultural, visual, farmland, water quality, hazardous waste,
16 noise, revegetation plans, focused plant or animal surveys, habitat assessment, wetland
17 delineation, and other studies, issued by the CONTRACT ADMINISTRATOR on a project-
18 by-project basis. The CONSULTANT'S proposal at a minimum shall include, but not be
19 limited to, staff qualifications, proposed method and schedule for completing the task(s),
20 completed federal forms and a sealed cost proposal. The CONSULTANT agrees that each
21 professional or other individual performing work on any such PROJECT(S) shall be
22 adequately trained to perform the work and shall possess the proper license, certification
23 or registration as required by law or by accepted standards of the applicable profession.
24 The CONSULTANT agrees to provide the professional services that are necessary to
25 complete the following tasks when expressly authorized in writing by the CONTRACT
26 ADMINISTRATOR:
27 A. Technical Reports, Regulatory Permits and Preconstruction Services:
28 1. Ascertain the requirements for Technical Reports through communications
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Fresno,California
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1 with the CONTRACT ADMINISTRATOR, CALTRANS and a review of existing information
2 on the PROJECT(S).
3 2. The CONSULTANT shall prepare and submit technical reports to the
4 CONTRACT ADMINISTRATOR for each assigned PROJECT. Technical reports shall be
5 prepared in accordance with the appropriate format required by local, state and federal
6 laws, regulations and guidelines.
7 3. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or
8 issues for the PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR
9 and communicate these requirements, criteria, or issues to the CONTRACT
lo ADMINISTRATOR.
11 4. Each environmental technical report prepared for federally funded
12 CALTRANS PROJECT(S) must be prepared in accordance with the latest provisions of the
13 Standard Environmental Reference published by CALTRANS and/or all other applicable
14 local, state and federal regulations and guidance to the full extent that any provisions
15 thereof are related or have applicability to such PROJECT(S). The required technical
16 reports for the PROJECTS will be determined by the Preliminary Environmental Study form
17 for CALTRANS Local Assistance, the COUNTY'S California Environmental Quality Act
18 (CEQA) process or Federal Cross cutter forms for State Revolving Fund projects.
19 5. The CONSULTANT shall assist the COUNTY in determining all permits that
20 may be required for the PROJECT and prepare all necessary permits for the COUNTY'S
21 submittal to outside agencies.
22 6. When requested by the CONTRACT ADMINISTRATOR, the CONSULTANT
23 shall attend meetings with the COUNTY, federal, state and/or local representatives to
24 discuss and review the technical report. The CONSULTANT shall prepare brief minutes of
25 meetings attended and promptly submit the minutes to the CONTRACT ADMINISTRATOR
26 within seven (7) days.
27 7. The CONSULTANT shall submit each technical report to the CONTRACT
28 ADMINISTRATOR for transmittal to other appropriate agencies for their review and
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1 approval. The CONSULTANT shall revise and resubmit each technical report as
2 necessary until approved by all appropriate agencies. Standard submittal shall be two (2)
3 reproducible copies and one (1) electronic copy of each technical report. The
4 CONSULTANT shall verify compatible format and quantity prior to final delivery.
5 8. The CONSULTANT shall prepare technical studies and estimates on 8 1/2" by
6 11" pages, provide hard copy and electronic format as standard submittal; and prepare
7 documents in Microsoft Word 2010 version or later, Microsoft Excel 2010 version or later,
8 or Adobe 9.0 or later, ARC GIS or other mutually agreed upon format. Such submittals
9 shall be sent via email and furnished on compact disc (CD). The CONSULTANT shall
lo verify compatible format and quantity prior to final delivery.
11 B. CEQA Documents:
12 1. The CONSULTANT shall prepare CEQA documents, including but not limited
13 to an Initial Study, Mitigated Negative Declaration, Negative Declaration and Environmental
14 Impact Report to complete CEQA review in accordance with CEQA Guidelines. The CEQA
15 phase includes, but is not limited to, data compilation and review, impact assessment and
16 determination, documentation preparation, development of mitigation measures, response
17 to comments, as well as project management and public meeting attendance.
18 2. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or
19 issues for the PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR
20 and communicate these requirements, criteria, or issues to the CONTRACT
21 ADMINISTRATOR.
22 3. The CONSULTANT shall assist the COUNTY in determining all permits that
23 may be required for the PROJECT and prepare all necessary permits for the COUNTY'S
24 submittal to outside agencies.
25 C. Design Plans, Technical Specifications and Construction Estimate for
26 Revegetation and Landscaping Projects:
27 1. The CONSULTANT shall ascertain the requirements the PROJECT(S)
28 through meetings with CONTRACT ADMINISTRATOR and a review of an existing
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1 schematic layout of PROJECT(S).
2 2. The CONSULTANT shall ascertain any requirements, unforeseen criteria, or
3 issues for the PROJECT(S) that may be unknown to the CONTRACT ADMINISTRATOR
4 and communicate these requirements, criteria, or issues to the CONTRACT
5 ADMINISTRATOR.
6 3. The CONSULTANT shall provide surveying, if needed, for the PROJECT(S).
7 4. The CONSULTANT shall design the PROJECT(S) to conform to
8 requirements of the reviewing agencies having jurisdiction over the PROJECT(S).
9 5. The CONSULTANT shall design the PROJECT(S) to include mitigation
lo measures included in the environmental document.
11 6. The CONSULTANT shall monitor and keep the CONTRACT
12 ADMINISTRATOR informed regarding the impact of design issues on the PROJECT
13 budget. Upon the written request of the CONTRACT ADMINISTRATOR, the
14 CONSULTANT shall incorporate into the design, such reasonable design and operational
15 changes as the CONTRACT ADMINISTRATOR deems appropriate as a result of the
16 COUNTY'S review processes and impact on each PROJECT budget or estimate.
17 7. The CONSULTANT shall assist the COUNTY in determining all permits that
18 may be required for the PROJECT and prepare all necessary permits for the COUNTY
19 submittal to outside agencies.
20 8. The CONSULTANT shall work with the CONTRACT ADMINISTRATOR to
21 ensure that the plans, specifications and estimate meet all requirements to be advertised
22 for construction bids.
23 9. The CONSULTANT shall prepare a detailed estimate, which shall identify the
24 construction components and requirements of the PROJECT.
25 10. The CONSULTANT shall, if required by approval agencies, submit to the
26 COUNTY in the appropriate agency forms, the PROJECT background information and
27 recommended testing and inspection list for materials to be used for each PROJECT
28 identifying type, quantity, frequency, and schedule. Submit required numbers of sets of
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Fresno,California
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1 plans, specifications, and other documents required by approval agencies to the
2 CONTRACT ADMINISTRATOR.
3 11. The CONSULTANT shall prepare technical specifications and estimate
4 setting forth in detail, for each PROJECT, the work to be done, and the materials,
5 workmanship, and equipment required for all components of construction necessary to
6 provide the COUNTY with a PROJECT that is complete and fully functional for its intended
7 purpose, all within the fiscal constraints imposed and consistent with the professional
8 services required under this AGREEMENT.
9 12. The CONSULTANT shall assist the CONTRACT ADMINISTRATOR in
io developing base bid and additive bid item schedules.
11 13. The CONSULTANT shall submit to the CONTRACT ADMINISTRATOR the
12 projected and final construction estimate, verify the reasonableness of the estimated
13 construction period for construction contract bidding purposes as provided by the
14 CONTRACT ADMINISTRATOR and identify long delivery times of materials and
15 equipment which will control length of construction contract,
16 14. The CONSULTANT shall respond to Requests for Clarification during the
17 bidding process and submit to the CONTRACT ADMINISTRATOR for review and approval
18 any additional specifications, clarifications, or additional plan sheets deemed necessary.
19 Responses should be submitted within three (3) working days of receipt.
20 15. The CONSULTANT shall assist the CONTRACT ADMINISTRATOR in
21 evaluating the bids received.
22 16. The CONSULTANT shall delete or otherwise change portions of the
23 construction work at the request of the CONTRACT ADMINISTRATOR if the lowest bid
24 proposal for the construction contract exceeds the COUNTY approved engineer's estimate
25 (which will include the CONSULTANT'S design contingency amount approved by the
26 COUNTY) by 10% or more; and if the COUNTY rejects all bids, modifications performed by
27 the CONSULTANT shall be completed on a time schedule commensurate with the scope
28 of the changes and as set forth by the COUNTY, and the CONSULTANT will be
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Fresno,California
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1 compensated on a time and materials basis, as agreed to in writing, by the COUNTY and
2 the CONSULTANT.
3 17. The CONSULTANT shall submit one (1) hard copy of each drawing prepared
4 with AutoCAD Civil 3D, version 2013 or later and an electronic copy in the form of DXF or
5 DWG files. Such submittals shall be furnished on CD. The CONSULTANT shall verify a
6 compatible format prior to final file delivery.
7 18. The CONSULTANT shall submit to the CONTRACT ADMINISTRATOR five
8 (5) copies of the 30%, 60% and 90% plans (22" X 34" format), specifications and estimates
9 for review. Submit progress prints and final originals of the plans, specifications, and
lo estimates. Prior to submission of plans, the CONSULTANT shall request from the
11 CONTRACT ADMINISTRATOR examples of acceptable drafting format and reproducible
12 standards. Verification of compatible format will be required prior to final file delivery. The
13 CONTRACT ADMINISTRATOR, at its discretion, may reject a submittal that is determined
14 insufficient.
15 a. 30% plans, specifications and estimates shall include copies of utility
16 locations, centerline stationing, proposed and existing right-of-way, typical sections and
17 structural sections.
18 b. 60% plans, specifications and estimates shall include 30% plan
19 information and in addition, preliminary cross sections and earthwork calculations at 25' or
20 50' intervals, adequate information to allow construction survey staking, permits,
21 preliminary profile grade, an updated engineer's estimate, and shall address comments
22 and include necessary revisions as identified by the CONTRACT ADMINISTRATOR in the
23 30% review.
24 C. 90% plans, specifications and estimates shall include 60% plan
25 information and in addition, updated cross sections and earthwork, profile grade, technical
26 specifications, typical sections and the PROJECT details, and shall address comments and
27 include necessary revisions as identified by the CONTRACT ADMINISTRATOR in the 60%
28 review.
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Fresno California
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1 d. Final original plans, specifications and estimates to be delivered to the
2 CONTRACT ADMINISTRATOR shall include:
3 i. One (1) original reproducible plan set on 22" by 34" sheets of 4
4 mil thick double matte film.
5 ii. One (1) reproducible copy of cross sections on 22" by 34"
6 sheets of 4 mil thick double matte film.
7 iii. One (1) CD or DVD with final plans, cross sections and slope
8 stake information, design calculations, quantity calculations, and other design information
9 as applicable to the PROJECT.
10 iv. One (1) stamped and wet signed paper copy and one (1) CD or
11 DVD with final specifications and estimates.
12 19. Plan sheets, cross sections, earthwork calculations and slope stake
13 information shall be in AutoCAD Civil 3D, version 2013 or later. Slope stake information
14 shall include 50-foot intervals for tangent sections and 25-foot intervals for curved sections.
15 Specifications shall be in Microsoft Word, version 2010 or later and on 8 Y2" by 11" pages.
16 Final engineers estimates shall be in Microsoft Excel, version 2010 or later and on 8 Y2" by
17 11" pages. Estimates shall specify specialty and/or final pay items as described in the
18 Caltrans State Standard Specifications. Verification of compatible format will be required
19 prior to final file delivery.
20 20. The COUNTY will package the CONSULTANT'S documents with those other
21 documents that together will comprise the COUNTY'S construction contract and bid
22 specifications.
23 21. The CONSULTANT shall deliver to the CONTRACT ADMINISTRATOR three
24 (3) weeks prior to the advertising date (which will be determined by the CONTRACT
25 ADMINISTRATOR) the final completed original drawings and specifications for the
26 COUNTY printing and distribution of bid sets to interested contractors. The original
27 drawings and specifications index sheet shall be stamped by a seal with the
28 CONSULTANT'S and subconsultant's license numbers and license renewal dates and/or
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1 signed in accordance with the California Business and Professions Code.
2 D. Construction Observation Services:
3 The CONSULTANT shall:
4 1. Attend the preconstruction conference scheduled by the CONTRACT
5 ADMINISTRATOR.
6 2. When requested by the CONTRACT ADMINISTRATOR, attend meetings
7 with the COUNTY, federal, state and/or local representatives. The CONSULTANT shall
8 prepare brief minutes of all meetings attended and promptly submit those minutes to the
9 CONTRACT ADMINISTRATOR within seven (7) calendar days.
10 3. Make recommendations to the COUNTY on all claims of the COUNTY or the
11 CONSULTANT and all other matters relating to the execution and progress of work,
12 including interpretation of the CONSULTANT'S contract documents.
13 4. Within seven (7) calendar days of the COUNTY'S request, review and make
14 recommendations for samples, schedules, shop drawings, and other submissions for
15 general conformance with the design concept of the PROJECT(S) and for general
16 compliance with the plans and specifications and information given by the
17 CONSULTANT'S contract documents.
18 5. Within two (2) working days, respond to requests from the CONTRACT
19 ADMINISTRATOR for information needed from the CONSULTANT in order to clarify
20 construction plans and specifications and to review the construction contractor's cost
21 estimates for all change orders.
22 6. Recommend and assist in the preparation of such change orders as deemed
23 necessary with supporting documentation, calculations and estimate, for review and
24 issuance of change orders by the COUNTY Construction Engineer to obtain appropriate
25 agency acceptance and approval.
26 7. Assist the COUNTY, at the DIRECTOR's express, written authorization, with
27 any claim resolution process involving the CONTRACTOR and the COUNTY as specified
28 hereunder, including serving as a witness in connection with any public hearings or legal
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Fresno,
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1 proceeding, and also including dispute resolutions required by law or hereunder. The
2 parties recognize that this clause is provided as a means of expediting resolution of claims
3 among the CONTRACTOR, the COUNTY, and the CONSULTANT. However, it is
4 understood the CONTRACTOR is not an intended third party beneficiary of this clause.
5 Compensation for these services shall be computed and invoiced at hourly rates listed in
6 Appendix D hereto. The CONSULTANT shall identify rates for expert witness services,
7 subject to review and approval or disapproval by the CONTRACT ADMINISTRATOR, in
8 Appendix D. Any proposed fee schedule (i.e.: Appendix D) which fails to identify rates for
9 expert witness services by the CONSULTANT will be rejected by the CONTRACT
lo ADMINISTRATOR. Any assistance provided by the CONSULTANT as described in this
11 Article 111, Section C, Paragraph 7 shall be subject to the provisions of Article VI,
12 hereinafter, and shall also be subject to the following:
13 a. The DIRECTOR may believe the CONSULTANT'S work under the
14 AGREEMENT to have included negligent errors or omissions, or that the CONSULTANT
15 may otherwise have failed to comply with the provisions of the AGREEMENT, either
16 generally or in connection with its duties as associated with a particular PROJECT; and
17 that the cause(s) for a claim by the CONTRACTOR may be attributable, in whole or in part,
18 to such conduct on the part of the CONSULTANT. Upon notice by the DIRECTOR, the
19 payments to the CONSULTANT for such arguably deficient services shall be held in
20 suspense by the COUNTY until a final determination has been made, of the proportion that
21 the CONSULTANT'S fault bears to the fault of all other parties concerned.
22 b. Such amounts held in suspense shall not be paid to the
23 CONSULTANT, pending the final determination as to the CONSULTANT'S proportional
24 fault. However, the appropriate percentage of such amount held in suspense shall be paid
25 to the CONSULTANT, once a final determination has been made, and the CONSULTANT
26 thereafter submits a proper invoice to the COUNTY. Payment shall be issued in
27 accordance with the procedure outlined in Article VI, Section B, Paragraph 2.
28 8. At intervals appropriate to the stage of construction, or as otherwise deemed
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1 necessary by the CONSULTANT, visit the site of the PROJECT(S) as necessary to
2 become familiar generally with the progress and quality of the work and to determine
3 whether the work is proceeding in general accordance with the contract documents. The
4 CONSULTANT shall not be required to make exhaustive or continuous onsite inspections
5 but shall give direction to the Construction Inspector as hereinafter more specifically
6 provided. The CONSULTANT shall not be responsible for the CONTRACTOR'S failure to
7 carry out the construction work in accordance with the contract documents. However, the
8 CONSULTANT shall immediately advise the CONTRACT ADMINISTRATOR of any known
9 or observed deviation from the contract documents.
10 9. Not have control over or charge of, and shall not be responsible for
11 construction means, methods, techniques, sequence, or procedure, or for the safety
12 precautions, programs, or equipment in use in connection with the work, since these are
13 solely the CONTRACTOR'S responsibility under the contract for construction.
14 10. Submit progress reports in accordance with the task order. These reports
15 shall be submitted at least once a month. The report should be sufficiently detailed for the
16 CONTRACT ADMINISTRATOR to determine if the CONSULTANT is performing to
17 expectations, or is on schedule; to provide communication of interim findings, and so
18 sufficiently address any difficulties or special problems encountered, so remedies can be
19 developed.
20 11. Advise the CONTRACT ADMINISTRATOR of defects and deficiencies
21 observed in the work of the CONTRACTOR, and may recommend that the DIRECTOR
22 reject work as failing to conform to the contract documents.
23 12. Conduct site visits and field observations to facilitate recommendations by the
24 CONSULTANT regarding:
25 a. dates of substantial completion.
26 b. dates of final completion.
27 C. the DIRECTOR'S acceptance of the work.
28 d. the DIRECTOR'S filing of the Notice of Completion and Issuance of
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Fresno,California
12/22/15
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1 Final Certificate for payment.
2 e. other issues which may require site visits.
3 E. Control of Construction Project Site
4 The COUNTY agrees that in accordance with generally accepted practices, the
5 COUNTY'S CONTRACTOR will be required to assume sole and complete responsibility for
6 job site conditions during the course of construction projects; including safety of all persons
7 and property, and that this requirement shall be made to apply continuously during projects
8 and not be limited to normal working hours. The CONSULTANT shall not have control
9 over or charge of, and shall not be responsible for, project means, methods, techniques,
lo sequences or procedures, as these are solely the responsibility of the CONTRACTOR.
11 The CONSULTANT shall not have the authority to stop or reject the work of the
12 CONTRACTOR.
13 IV. OBLIGATIONS OF COUNTY
14 The COUNTY will:
15 A. Issue task orders on a project-by-project basis. Task orders will at a minimum
16 include scope of work, location, and schedule for the PROJECT.
17 B. Compensate the CONSULTANT as provided in the AGREEMENT.
18 C. Provide the CONTRACT ADMINISTRATOR as a representative of the
19 COUNTY and, as such, will work with the CONSULTANT in carrying out the provisions of
20 the AGREEMENT.
21 D. Provide basic plan sheet layouts as required.
22 E. Examine documents submitted to the COUNTY by the CONSULTANT and
23 timely render decisions pertaining thereto.
24 F. Provide aerial photographs as required.
25 G. Provide copies of any available existing as-built plans and right-of-way
26 drawings from the COUNTY files.
27 H. Provide mailing lists and labels for notification of property owners upon the
28 CONSULTANT'S request.
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1 I. Provide preliminary engineering survey data on existing structures and
2 topographic mapping in Autocad Civil 3D, version 2013 or later, format to the
3 CONSULTANT, if available.
4 J. Prepare all legal descriptions and drawings required for right-of-way
5 acquisition and/or temporary construction permits.
6 K. Provide limited assistance in processing required permits.
7 L. Give reasonably prompt consideration to all matters submitted by the
8 CONSULTANT for approval to the end that there will be no substantial delays in the
9 CONSULTANT'S program of work. An approval, authorization or request to the
lo CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms
11 of the AGREEMENT only if it is made in writing and signed on behalf of the COUNTY by
12 the CONTRACT ADMINISTRATOR.
13 V. PERFORMANCE PERIOD
14 A. The AGREEMENT shall go into effect upon execution by the COUNTY. The
15 AGREEMENT shall end on the third anniversary of the execution date, unless prior to its
16 expiration its term is extended in writing, for no more than two additional one-year terms,
17 by mutual consent of the DIRECTOR and the CONSULTANT. The CONSULTANT shall
18 commence work promptly after receipt of a notice to proceed issued by the CONTRACT
19 ADMINISTRATOR.
20 B. The CONSULTANT is advised and hereby acknowledges its understanding
21 that any recommendation for award is not binding on the COUNTY until the AGREEMENT
22 is fully executed following its approval by the COUNTY's Board of Supervisors.
23 C. The period of performance for each specific PROJECT shall be in
24 accordance with the Task Order for that PROJECT. Notwithstanding the provisions of
25 Paragraph VI.C.9, if work on a Task Order remains in progress on the expiration date of
26 this AGREEMENT, the term of the contract shall be extended by an appropriate contract
27 amendment, in accordance with the provisions of either Section V.A or Article X of this
28 AGREEMENT.
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1 VI. ALLOWABLE COSTS AND PAYMENTS
2 A. Total Fee:
3 1. Notwithstanding any other provisions in the AGREEMENT, the Total Fee for
4 the services required under the AGREEMENT, shall not exceed the total sum of Three
5 Hundred Thousand and No/1 00 Dollars ($300,000.00) over the entire term of the
6 AGREEMENT. Compensation for the services rendered shall be computed at the hourly
7 and cost rates shown in Appendix D, subject to any adjustments that may be approved in
8 accordance with Article VI, Section A, Paragraph 3.
9 2. The hourly and cost rates listed herein for services rendered by the
lo CONSULTANT and subconsultants shall remain in effect for the entire duration of the
11 AGREEMENT unless adjusted in accordance with the provisions of Article VI, Section A,
12 Paragraphs 3, 5, or 6.
13 3. The hourly rates paid for services performed by the CONSULTANT and by
14 subconsultants of the CONSULTANT and the rates for expenses incidental to the
15 CONSULTANT'S and subconsultant's performance of services may be adjusted no more
16 than once annually for inflation, in accordance with the following provisions: the
17 CONSULTANT may request new labor rates and new rates for expenses incidental to the
18 CONSULTANT'S and subconsultant's performance of services subject to written approval
19 of the CONTRACT ADMINISTRATOR in accordance with the provisions of this Article VI,
20 Section A, Paragraph 3. The CONSULTANT shall initiate the rate adjustment process by
21 submitting to the CONTRACT ADMINISTRATOR a proposed adjusted fee schedule. The
22 proposed adjusted fee schedule shall include proposed hourly rates for all categories of the
23 CONSULTANT and subconsultants wage classifications and proposed rates for incidental
24 expenses listed in Appendix D. The proposed adjusted fee schedule shall not take effect
25 unless approved in writing by the CONTRACT ADMINISTRATOR. The CONSULTANT
26 hereby acknowledges its understanding that approval by the CONTRACT
27 ADMINISTRATOR of any upward adjustment in the hourly and cost rates shall not provide
28 a basis for any increase in the total fee of$300,000.00, as set forth in Article VI, Section A,
COUNTY OF FRESNO
Fresno,California
12/22/15
16
1 Paragraph 1.
2 4. Expenses incidental to the CONSULTANT'S and subconsultant's
3 performance of services under Article III of the AGREEMENT shall be charged at the rates
4 listed in Appendix D, subject to any adjustments that may be approved in accordance with
5 Article VI, Section A, Paragraphs 3, 5, or 6. Unless incorporated in an adjusted fee
6 schedule approved by the CONTRACT ADMINISTRATOR in accordance with Article VI,
7 Section A, Paragraphs 3, 5, or 6, all other expenses incidental to the CONSULTANT'S and
8 subconsultant's performance of the services under Article III of the AGREEMENT that are
9 not listed in Appendix D shall be borne by the CONSULTANT.
10 5. In the event that, in accordance with Article 1, Section D, the CONTRACT
11 ADMINISTRATOR approves the CONSULTANT to retain additional subconsultants not
12 listed in Appendix B, hourly rates paid for services performed by such additional
13 subconsultants of the CONSULTANT and the rates for expenses incidental to
14 subconsultants performance of services may be adjusted no more than once annually for
15 inflation, in accordance with Article VI, Section A, Paragraph 3. The first annual
16 adjustment of hourly and incidental expense rates for such additional subconsultants shall
17 not be approved prior to one year after the CONTRACT ADMINISTRATOR approval of the
18 retention of such additional subconsultants) by the CONSULTANT.
19 6. Notwithstanding any other provisions in the AGREEMENT, the CONTRACT
20 ADMINISTRATOR may, at any time, authorize in writing the revision of the
21 CONSULTANT'S or subconsultant's charge rates for incidental expenses to include
22 additional categories of such expenses if, in the opinion of the CONTRACT
23 ADMINISTRATOR, such revision is necessary to facilitate the CONSULTANT'S
24 performance of the PROJECT(S).
25 B. Payments:
26 1. Progress payments will be made by the COUNTY upon receipt of the
27 CONSULTANT'S monthly invoices and approval by the CONTRACT ADMINISTRATOR
28 thereof based on the CONTRACT ADMINISTRATOR'S evaluation of the completion of the
COUNTY OF FRESNO
Fresno California
12/22115
17
1 respective components of the assigned PROJECT. Invoices shall clearly identify the
2 Phase and Task of the work, and the date(s) on which the work was performed, and shall
3 be submitted with the documentation identified in Article VI, Section B, Paragraph 5.
4 Invoices shall be forwarded electronically to: PWPBusinessOffice(c)-co.fresno.ca.us.
5 2. Upon receipt of a proper invoice, the CONTRACT ADMINISTRATOR will take
6 a maximum of ten (10) working days to review, approve, and submit it to the COUNTY
7 Auditor Control ler/Treasurer Tax Collector. Unsatisfactory or inaccurate invoices will be
8 returned to the CONSULTANT for correction and resubmittal. Payment, less retention, if
9 applicable, will be issued to the CONSULTANT within forty (40) calendar days of the date
lo the Auditor Controller/Treasurer Tax Collector receives the approved invoice.
11 3. The COUNTY is entitled to withhold a five percent (5%) retention from the
12 CONSULTANT'S earned compensation in accordance with the provisions of Article VII of
13 the AGREEMENT.
14 4. An unresolved dispute over a possible error or omission may cause payment
15 of the CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
16 5. Concurrently with the invoices, the CONSULTANT shall certify(through
17 copies of issued checks, receipts, or other COUNTY pre-approved documentation) that
18 complete payment, less a five percent (5%) retention, except as otherwise specified in
19 Article VII, has been made to all subconsultants as provided herein for all previous invoices
20 paid by the COUNTY. However, the parties do not intend that the foregoing create in any
21 subconsultants or sub-contractor a third party beneficiary status or any third party
22 beneficiary rights, and expressly disclaim any such status or rights.
23 6. Final invoices, and separate invoices for retentions, shall be submitted to the
24 CONTRACT ADMINISTRATOR no later than thirty (30) days after the phase is completed.
25 Payment for retentions, if any, shall not be made until all services for the phase are
26 completed.
27 7. In the event the DIRECTOR reduces the scope of CONSULTANT'S work
28 under the AGREEMENT for a specific PROJECT (or discontinues a specific PROJECT),
COUNTY OF FRESNO
Fresno California
12/22115
18
1 whether due to a deficiency in the appropriation of anticipated funding or otherwise, the
2 CONSULTANT will be compensated on a pro rata basis for actual work completed and
3 accepted by the DIRECTOR in accordance with the terms of the AGREEMENT.
4 C. Other Provisions:
5 1. Specific PROJECTS will be assigned to CONSULTANT through issuance of
6 Task Orders.
7 2. After a PROJECT to be performed under this AGREEMENT is identified by
8 the COUNTY, the COUNTY will prepare a draft Task Order. A draft Task Order will identify
9 the scope of services, expected results, project deliverables, period of performance, project
lo schedule and will designate a COUNTY Project Coordinator. The draft Task Order will be
11 delivered to the CONSULTANT for review. The CONSULTANT shall return the draft Task
12 Order within ten (10) calendar days along with a Cost Estimate, including a written estimate
13 of the number of hours and hourly rates per staff person, any anticipated reimbursable
14 expenses, overhead, fee if any, and total dollar amount. After agreement has been
15 reached on the negotiable items and total cost, the finalized Task Order shall be signed by
16 both the COUNTY and the CONSULTANT.
17 3. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for
18 specific rates of compensation, both of which must be based on the labor and other rates
19 set forth in the CONSULTANT's Cost Proposal.
20 4. Reimbursement for transportation and subsistence costs shall not exceed the
21 rates as specified in the approved Cost Proposal.
22 5. When milestone cost estimates are included in the approved Cost Proposal,
23 the CONSULTANT shall obtain prior written approval for a revised milestone cost estimate
24 from the CONTRACT ADMINISTRATOR before exceeding such estimate.
25 6. Progress payments for each Task Order will be made monthly in arrears
26 based on services provided and actual costs incurred.
27 7. The CONSULTANT shall not commence performance of work or services
28 until this AGREEMENT has been approved by the COUNTY, and notification to proceed on
COUNTY OF FRESNO
Fresno,California
12/22/15
19
1 a specific Task Order has been issued by the COUNTY'S CONTRACT ADMINISTRATOR.
2 No payment will be made prior to approval or for any work performed prior to approval of
3 this AGREEMENT.
4 8. A Task Order is of no force or effect until returned to the COUNTY and
5 signed by an authorized representative of the COUNTY. No expenditures are authorized
6 on a project and work shall not commence until a Task Order for that PROJECT has been
7 executed by the COUNTY.
8 9. The period of performance for Task Orders shall be in accordance with dates
9 specified in the Task Order. No Task Order will be written which provides for a completion
lo date that extends beyond the expiration date of this AGREEMENT.
11 10. The total amount payable by the COUNTY for an individual Task Order shall
12 not exceed the amount agreed to in the Task Order, unless authorized by an appropriate
13 contract amendment.
14 11. If the CONSULTANT fails to satisfactorily complete a deliverable according to
15 the schedule set forth in a Task Order, no payment will be made until the deliverable has
16 been satisfactorily completed.
17 12. Task Orders may not be used to amend this AGREEMENT and may not
18 cumulatively exceed the TOTAL FEE amount approved for the scope of work under this
19 AGREEMENT, as set forth in Paragraph VI.A.1 above..
20 VII. RETENTION FROM EARNED COMPENSATION
21 In addition to any amounts withheld under Article III, the CONSULTANT agrees that
22 the COUNTY, at the discretion of the CONTRACT ADMINISTRATOR, may withhold a five
23 percent (5%) retention from the earned compensation of the CONSULTANT. If the
24 CONTRACT ADMINISTRATOR determines that retention will be withheld for a PROJECT,
25 the CONTRACT ADMINISTRATOR will so state in writing prior to commencement of the
26 PROJECT by the CONSULTANT and will identify the PROJECT-specific prerequisites
27 (such as successful completion of a PROJECT phase, as an example) for the release of
28 retentions.
COUNTY OF FRESNO
Fresno California
12/22/15
20
1 VIII. TERMINATION
2 A. The AGREEMENT may be terminated without cause at any time by the
3 COUNTY upon thirty (30) calendar days' written notice. If the COUNTY terminates this
4 AGREEMENT, the CONSULTANT shall be compensated for services satisfactorily
5 completed to the date of termination based upon the compensation rates and subject to
6 the maximum amounts payable agreed to in Article VI, together with such additional
7 services satisfactorily performed after termination which are expressly authorized by the
8 COUNTY to conclude the work performed to date of termination.
9 B. If the CONSULTANT purports to terminate the AGREEMENT, or otherwise
lo refuses to perform pursuant to the AGREEMENT, for reasons other than material breach
11 by the COUNTY, the CONSULTANT shall reimburse the COUNTY, up to a maximum of
12 $10,000 for the actual expense of issuing a Request For Proposal (RFP), engaging a new
13 consultant, and the new consultant's cost in becoming familiar with the previous
14 CONSULTANT'S work. The COUNTY'S entitlement to such reimbursement shall in no
15 way be construed as a limitation on other damages that may be recoverable by the
16 COUNTY as a result of the CONSULTANT'S termination, in breach of its obligations
17 hereunder.
18 C. The COUNTY may immediately suspend or terminate the AGREEMENT in
19 whole or in 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 the 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
25 COUNTY of any breach of the AGREEMENT or any default which may then exist on the
26 part of the CONSULTANT. Neither shall such payment impair or prejudice any remedy
27 available to the COUNTY with respect to the breach or default. The DIRECTOR shall have
28 the right to demand of the CONSULTANT the repayment to the COUNTY of any funds
COUNTY OF FRESNO
Fresno,California
12/22/15
21
1 disbursed to the CONSULTANT under the AGREEMENT, which, in the judgment of the
2 DIRECTOR and as determined in accordance with the procedures of Article XVI, were not
3 expended in accordance with the terms of the AGREEMENT. The CONSULTANT shall
4 promptly refund any such funds upon demand.
5 E. The terms of the AGREEMENT, and the services to be provided thereunder,
6 are contingent on the approval of funds by the appropriating government agency. Should
7 sufficient funds not be allocated, the services provided may be modified, or the
8 AGREEMENT terminated at any time by giving the CONSULTANT thirty (30) days advance
9 written notice. In the event of termination on the basis of this Paragraph, the
lo CONSULTANT'S entitlement to payment, in accordance with the payment provisions set
11 forth hereinabove, shall apply only to work performed by the CONSULTANT prior to receipt
12 of written notification of such non-allocation of sufficient funding.
13 IX FUNDING REQUIREMENTS
14 A. It is mutually understood between the parties that the AGREEMENT may
15 have been written before ascertaining the availability of funds or appropriation of funds, for
16 the mutual benefit of both parties, in order to avoid program and fiscal delays that would
17 occur if the AGREEMENT were executed after that determination was made.
18 B. The AGREEMENT is subject to any additional restrictions, limitations,
19 conditions, or any legislation enacted by the Congress, State Legislature or County Board
20 of Supervisors that may affect the provisions, terms, or funding of the AGREEMENT in any
21 manner.
22 C. It is mutually agreed that if sufficient funds are not appropriated, the
23 AGREEMENT may be amended to reflect any reduction in funds.
24 D. The COUNTY has the option to void the AGREEMENT under the 30-day
25 cancellation clause, or to amend the AGREEMENT by mutually acceptable modification of
26 its provisions to reflect any reduction of funds.
27 X. CHANGE IN TERMS
28 A. The AGREEMENT may be amended or modified only by mutual written
COUNTY OF FRESNO
Fresno,California
12/22/15
22
1 agreement of both parties. Except as provided in Article V, Section A, any such written
2 amendment to this AGREEMENT may be approved on the COUNTY's behalf only by its
3 Board of Supervisors.
4 B. The CONSULTANT shall only commence work covered by an amendment
5 after the amendment has been fully executed and written notification to proceed has been
6 issued by the CONTRACT ADMINISTRATOR.
7 X1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
8 A. The CONSULTANT must give consideration to Disadvantaged Business
9 Enterprise (hereinafter referred to as "DBE") firms as specified in 23 Code of Federal
lo Regulations (hereinafter referred to as "CFR") Section 172.5(b), and in 49 CFR, Part 26.
11 The CONSULTANT must meet the DBE goal established for PROJECT(S) by using DBEs
12 as subconsultants or document a good faith effort to have met the goal. If a DBE
13 subconsultant is unable to perform, the CONSULTANT must make a good faith effort to
14 replace him/her with another DBE subconsultant if the goal is not otherwise met.
15 B. The CONSULTANT is responsible for being fully informed regarding the
16 requirements of Title 49 CFR, Part 26 and CALTRANS' Disadvantaged Business
17 Enterprise program developed pursuant to the regulations, as detailed in Appendix C,
18 Notice to Proposers DBE Information, attached hereto and incorporated herein.
19 C. A DBE subconsultant may be terminated only with written approval by the
20 CONTRACT ADMINISTRATOR and only for reasons specified in 49 CFR Section 26.53(f).
21 Prior to requesting the CONTRACT ADMINISTRATOR consent for the proposed
22 termination, the CONSULTANT must meet the procedural requirements specified in 49
23 CFR Section 26.53(f).
24 XII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
25 A. The CONSULTANT agrees that the Contract Cost Principles and Procedures,
26 Title 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq.,
27 shall be used to determine the allowability of cost for individual items. The CONSULTANT
28 shall sign the Certification of Contract Costs and Financial Management System, attached
COUNTY OF FRESNO
Fresno,California
12122/15
23
1 hereto and incorporated herein as Appendix E.
2 B. The CONSULTANT also agrees to comply with federal procedures in
3 accordance with Title 49 CFR, Part 18, Uniform Administrative Requirements for Grants
4 and Cooperative Agreements to State and Local Governments.
5 C. Any costs for which payment has been made to the CONSULTANT that are
6 determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR,
7 Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
8 repayment by the CONSULTANT to the COUNTY.
9 D. All subcontracts in excess of$25,000 shall contain the above provisions.
lo X111. COVENANT AGAINST CONTINGENT FEES
11 The CONSULTANT warrants, by execution of the AGREEMENT, that the
12 CONSULTANT has not employed or retained any company or person, other than a bona
13 fide employee working for the CONSULTANT; to solicit or secure the AGREEMENT; and
14 that CONSULTANT has not paid or agreed to pay any company or person other than a
15 bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
16 consideration, contingent upon or resulting from the award or formation of the
17 AGREEMENT. For breach or violation of this warranty, the COUNTY shall have the right
18 to annul the AGREEMENT without liability, and to pay only for the value of the work
19 actually performed by the CONSULTANT, or alternatively in the COUNTY's discretion, to
20 deduct from the contract price or consideration, or otherwise recover the full amount of
21 such any such commission, percentage, brokerage fee, gift, contingent fee or similar form
22 of consideration previously paid by the CONSULTANT.
23 XIV. RETENTION OF RECORDS/AUDIT
24 A. For the purpose of determining the sufficiency of the CONSULTANT'S
25 performance of the contract (and compliance with Public Contract Code 10115, et seq. and
26 Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when
27 applicable), the CONSULTANT, subcontractors, and the COUNTY, and each of them, shall
28 maintain all books, documents, papers, accounting records, and other evidence pertaining
COUNTY OF FRESNO
Fresno,California
12/22/15
24
1 to the performance of the AGREEMENT, including but not limited to, the costs of
2 administering the AGREEMENT.
3 B. All parties shall make such materials available at their respective offices at all
4 reasonable times throughout the entirety of the contract term and for three years from the
5 date of final payment under the contract, pursuant to Government Code 8546.7. The state,
6 the State Auditor, the COUNTY, Federal Highway Administration, or any duly authorized
7 representative of the federal government shall have access to any books, records, and
8 documents of the CONSULTANT that are pertinent to the contract for audit, examinations,
9 excerpts, and transactions, and copies thereof shall be furnished if requested, as more
lo thoroughly set forth in Section D of the immediately following Article XV of the
11 AGREEMENT. It shall be the responsibility of the CONSULTANT to ensure that all
12 subcontracts in excess of $25,000 shall contain this provision.
13 XV. AUDIT REVIEW PROCEDURES
14 A. Any dispute concerning a question of fact arising under an interim or post
15 audit of this contract that is not disposed of by agreement between the parties, shall be
16 reviewed by the COUNTY's Auditor-Controller/Treasurer-Tax Collector.
17 B. Not later than 30 days after issuance of the final audit report, the
18 CONSULTANT may request a review by the COUNTY's Auditor-Controller/Treasurer-Tax
19 Collector of unresolved audit issues. The request for review will be submitted in writing.
20 C. Neither the pendency of a dispute nor its consideration by the COUNTY will
21 excuse the CONSULTANT from full and timely performance, in accordance with the terms
22 of the AGREEMENT.
23 D. The CONSULTANT and subconsultants' contracts, including cost proposals
24 and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a
25 Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA)
26 ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal
27 and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48
28 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit
COUNTY OF FRESNO
Fresno California
12/22/15
25
1 Workpaper Review it is the CONSULTANT's responsibility to ensure federal, state, or local
2 government officials are allowed full access to the CPA's workpapers. The AGREEMENT,
3 cost proposal, and ICR shall be adjusted by CONSULTANT and approved by the
4 CONTRACT ADMINISTRATOR to conform to the audit or review recommendations. The
5 CONSULTANT agrees that individual terms of costs identified in the audit report shall be
6 incorporated into the contract by this reference if directed by the COUNTY at its sole
7 discretion. Refusal by the CONSULTANT to incorporate audit or review recommendations,
8 or to ensure that the Federal, State, or local governments have access to CPA workpapers,
9 will be considered a breach of contract terms and cause for termination of the
lo AGREEMENT and disallowance of prior reimbursed costs.
11 XVI. ERRORS OR OMISSIONS CLAIMS AND DISPUTES
12 A. Definitions:
13 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
14 professional services, acting as a business entity (owner, partnership, corporation, joint
15 venture or other business association) in accordance with the terms of an agreement with
16 the COUNTY.
17 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter
18 of right, adjustment or interpretation of contract terms, payment of money, extension of
19 time, change orders, or other relief with respect to the terms of the contract. The term
20 "Claim" also includes other disputes and matters in question between the COUNTY and
21 the CONSULTANT arising out of or relating to the contract. Claims must be made by
22 written notice. The provisions of Government Code section 901, et seq., shall apply to
23 every claim made to the COUNTY. The responsibility to substantiate claims shall rest with
24 the party making the claim. The term "Claim" also includes any allegation of an error or
25 omission by the CONSULTANT.
26 B. In the spirit of cooperation between the COUNTY and the CONSULTANT, the
27 following procedures are established in the event of any claim or dispute alleging a
28 negligent error, act, or omission, of the CONSULTANT.
COUNTY OF FRESNO
Fresno,California
12/22/15
26
1 1. Claims, disputes or other matters in question between the parties, arising out
2 of or relating to the AGREEMENT, shall not be subject to arbitration, but shall be subject to
3 the following procedures.
4 2. The COUNTY and the CONSULTANT shall meet and confer and attempt to
5 reach agreement on any dispute, including what damages have occurred, the measure of
6 damages and what proportion of damages, if any, shall be paid by either party. The parties
7 agree to consult and consider the use of mediation or other form of dispute resolution prior
8 to resorting to litigation.
9 3. If the COUNTY and the CONSULTANT cannot reach agreement under
io Article XVI, Section B, Paragraph 2, the disputed issues may, upon concurrence by all
11 parties, be submitted to a panel of three (3) for a recommended resolution. The
12 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the
13 third member shall be selected by the other two panel members. The discovery rights
14 provided by California Code of Civil Procedure for civil proceedings shall be available and
15 enforceable to resolve the disputed issues. Either party requesting this dispute resolution
16 process shall, when invoking the rights to this panel, give to the other party a notice
17 describing the claims, disputes and other matters in question. Prior to twenty (20) working
18 days before the initial meeting of the panel, both parties shall submit all documents such
19 party intends to rely upon to resolve such dispute. If it is determined by the panel that any
20 party has relied on such documentation, but has failed to previously submit such
21 documentation on a timely basis to the other party, the other party shall be entitled to a 20-
22 working-day continuance of such initial meeting of the panel. The decision by the panel is
23 not a condition precedent to arbitration, mediation or litigation.
24 4. Upon receipt of the panel's recommended resolution of the disputed issue(s),
25 the COUNTY and the CONSULTANT shall again meet and confer and attempt to reach
26 agreement. If the parties still are unable to reach agreement, each party shall have
27 recourse to all appropriate legal and equitable remedies.
28 C. The procedures to be followed in the resolution of claims and disputes may
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Fresno,California
12/22/15
27
1 be modified any time by mutual agreement of the parties hereto.
2 D. The CONSULTANT shall continue to perform its obligations under the
3 AGREEMENT pending resolution of any dispute, and the COUNTY shall continue to make
4 payments of all undisputed amounts due under the AGREEMENT.
5 E. When a claim by either party has been made alleging the CONSULTANT'S
6 negligent error, act, or omission, the COUNTY and the CONSULTANT shall meet and
7 confer within twenty-one (21) working days after the written notice of the claim has been
8 provided.
9 XVIL SUBCONTRACTING
10 A. Nothing contained in this AGREEMENT or otherwise shall create any
11 contractual relation between the COUNTY and any subconsultant(s), and no subcontract
12 shall relieve the CONSULTANT of any of its responsibilities and obligations hereunder.
13 The CONSULTANT agrees to be as fully responsible to the COUNTY for the acts and
14 omissions of its subconsultants) and of persons either directly or indirectly employed by
15 any of them as it is for the acts and omissions of persons directly employed by the
16 CONSULTANT. It is specifically agreed and acknowledged that the CONSULTANT'S
17 obligation to pay its subconsultants) is an entirely independent obligation from the
18 COUNTY'S obligation to make payments to the CONSULTANT.
19 B. The CONSULTANT shall perform the work contemplated with resources
20 available within its own organization; and no portion of the work pertinent to this contract
21 shall be subcontracted without prior written authorization by the CONTRACT
22 ADMINISTRATOR, excepting only those portions of the work and the responsible
23 subconsultants that are expressly identified in Appendix B hereto.
24 C. The CONSULTANT shall pay its subconsultants within ten (10) calendar days
25 from receipt of each payment made to the CONSULTANT by the COUNTY.
26 D. Any subcontract in excess of$25,000 entered into by CONSULTANT,
27 pertaining to work to be performed under the AGREEMENT, shall contain all of the
28 provisions stipulated in this AGREEMENT to be applicable to subconsultants.
COUNTY OF FRESNO
Fresno California
12/22/15
23
1 E. Any substitution of subconsultant(s) must be approved in writing by the
2 CONTRACT ADMINISTRATOR prior to the start of work by such subconsultant(s).
3 XVIII. EQUIPMENT PURCHASE
4 A. Prior authorization in writing by the CONTRACT ADMINISTRATOR shall be
5 required before the CONSULTANT enters into any unbudgeted purchase order, or
6 subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The
7 CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such
8 Costs.
9 B. Prior authorization by the CONTRACT ADMINISTRATOR shall be required
lo for purchase of any item, service or consulting work in excess of$5,000 that is not covered
11 in the CONSULTANT'S Cost Proposal; and the CONSULTANT'S request must be
12 accompanied by at least three competitive quotations, unless the absence of bidding is
13 adequately justified, to the satisfaction of the CONTRACT ADMINISTRATOR in his or her
14 discretion, by written explanation provided by the CONSULTANT with its submittal.
15 C. Any authorized purchase of equipment as a result of the AGREEMENT is
16 subject to the following: "The CONSULTANT shall maintain an inventory of all
17 nonexpendable property. Nonexpendable property is defined as having a useful life of at
18 least two years and an acquisition cost of$5,000 or more. If the purchased equipment
19 needs replacement and is sold or traded in, the COUNTY shall receive a proper refund or
20 credit at the conclusion of the contract, or if the contract is terminated, the CONSULTANT
21 may either keep the equipment and credit the COUNTY in an amount equal to its fair
22 market value, or sell such equipment at the best price obtainable at a public or private sale,
23 in accordance with established COUNTY procedures; and credit the COUNTY in an
24 amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair
25 market value shall be determined at the CONSULTANT'S expense, on the basis of a
26 competent independent appraisal of such equipment. Appraisals shall be obtained from an
27 appraiser mutually agreeable to by the COUNTY and the CONSULTANT, if it is determined
28 to sell the equipment, the terms and conditions of such sale must be approved in advance
COUNTY OF FRESNO
Fresno,California
12/22/15
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1 by the COUNTY." Title 49 CFR, Part 18 requires a credit to Federal funds when
2 participating equipment with a fair market value greater than $5,000.00 is credited to the
3 PROJECT.
4 D. All subcontracts in excess of $25,000 shall contain the foregoing
5 provisions set forth in Sections A through C, inclusive, of this Section XVIII.
6 XIX HOLD HARMLESS:
7 A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers,
8 agents, and employees, against the payment of any and all costs and expenses (including
9 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for
10 bodily and personal injury to or death of any person or for loss of any property resulting
11 from or arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT,
12 its officers, agents, and employees, in performing or failing to perform any work, services,
13 or functions under this Agreement.
14 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate
15 in the defense of any claim, suit, or other action alleging liability, arising from the
16 performance or failure to perform of any COUNTY construction contractor or subcontractor
17 in connection with any project for which CONSULTANT has been retained under Article III
18 above. Such cooperation may include an agreement to prepare and present a cooperative
19 defense after consultation with CONSULTANT's professional liability insurance carrier.
20
21 XXINSURANCE
22 A. Without limiting the COUNTY'S right to obtain indemnification from the
23 CONSULTANT or any third parties, the CONSULTANT, at its sole expense, shall maintain
24 in full force and effect, the following insurance policies prior to commencement of any work
25 for the COUNTY and, thereafter, throughout the entire term of the AGREEMENT (with the
26 exception of Professional Liability Insurance, which the CONSULTANT shall maintain in full
27 force and effect for the additional period of time required by Article XX, Section A,
28 Paragraph 4).
COUNTY OF FRESNO
Fresno,California
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1 1. Commercial General Liability Insurance with limits not less than One Million
2 Dollars ($1,000,000.00) per occurrence and an annual aggregate of not less than Two
3 Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. The
4 COUNTY may require specific coverages including completed operations, products liability,
5 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
6 insurance deemed necessary because of the nature of the AGREEMENT.
7 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of
8 Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand
9 Dollars ($500,000.00) per accident and for property damages of Fifty Thousand Dollars
lo ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand
11 Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in
12 connection with the AGREEMENT.
13 3. Worker's Compensation insurance policy as required by the California Labor
14 Code.
15 4. Professional Liability Insurance:
16 a. If the CONSULTANT employs licensed professional staff in providing
17 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00)
18 per claim, Three Million Dollars ($3,000,000.00) annual aggregate.
19 b. The Professional Liability Insurance shall be kept in full force and
20 effect for a period of three (3) years from the date of substantial completion of the
21 CONSULTANT'S work as determined by the COUNTY.
22 The CONSULTANT shall obtain endorsements to the Commercial General Liability
23 insurance naming the COUNTY, its officers, agents, and employees, individually and
24 collectively, as additional insured, but only insofar as the operations under the
25 AGREEMENT are concerned. Such coverage for additional insured shall apply as primary
26 insurance and any other insurance, or self-insurance, maintained by the COUNTY, its
27 officers, agents and employees shall be excess only and not contributing with insurance
28 provided under the CONSULTANT'S policies herein. The CONSULTANT shall give the
COUNTY OF FRESNO
Fresno California
12/22/15
31
1 COUNTY at least thirty (30) days advance written notice of any cancellation, expiration,
2 reduction or other material change in coverage with respect to any of the aforesaid policies.
3 Prior to commencing any such work under the AGREEMENT, the CONSULTANT
4 shall provide to the COUNTY certificates of insurance and endorsements for all of the
5 required policies as specified above, stating that all such insurance coverage has been
6 obtained and is in full force; that the COUNTY, its officers, agents and employees will not
7 be responsible for any premiums on the policies; that such Commercial General Liability
8 insurance names the COUNTY, its officers, agents and employees, individually and
9 collectively, as additional insured, but only insofar as the operations under the
lo AGREEMENT are concerned; that such coverage for additional insured shall apply as
11 primary insurance and any other insurance, or self-insurance, maintained by the COUNTY,
12 its officers, agents and employees, shall be excess only and not contributing with insurance
13 provided under the CONSULTANT'S policies herein; and that this insurance shall not be
14 cancelled or changed without a minimum of thirty (30) days advance, written notice given
15 to the COUNTY. All certificates shall clearly indicate the COUNTYS identifying Contract
16 Number for this AGREEMENT, and the certificates shall be sent to the attention of the
17 CONTRACT ADMINISTRATOR.
18 In the event the CONSULTANT fails to keep in effect at all times insurance
19 coverage as herein provided, the COUNTY may, in addition to other remedies it may have,
20 suspend or terminate this AGREEMENT upon the occurrence of such event. All policies
21 shall be issued by admitted insurers licensed to do business in the State of California, and
22 all such insurance shall be purchased from companies possessing a current A.M. Best,
23 Inc. rating of A and FSC VII or better.
24 XXI. INSPECTION OF WORK
25 The CONSULTANT and any subcontractor shall permit the COUNTY, the state, and
26 the FHWA to review and inspect the PROJECT activities and files at all reasonable times
27 during the performance period of the AGREEMENT including review and inspection on a
28 daily basis.
COUNTY OF FRESNO
Fresno,California
12/2?/15
32
1 XXII. OWNERSHIP OF DATA
2 A. All documents, including preliminary documents, calculations, and survey
3 data, required in performing services under the AGREEMENT shall be submitted to, and
4 shall remain at all times the property of the COUNTY regardless of whether they are in the
5 possession of the CONSULTANT or any other person, firm, corporation or agency.
6 B. The CONSULTANT understands and agrees the COUNTY shall retain full
7 ownership rights of the drawings and work product of the CONSULTANT for the
8 PROJECT, to the fullest extent permitted by law. In this regard, the CONSULTANT
9 acknowledges and agrees the CONSULTANT'S services are on behalf of the COUNTY
lo and are "works made for hire," as that term is defined in copyright law, by the COUNTY;
11 that the drawings and work product to be prepared by the CONSULTANT are for the sole
12 and exclusive use of the COUNTY, and that the COUNTY shall be the sole owner of all
13 patents, copyrights, trademarks, trade secrets and other rights and contractual interests in
14 connection therewith which are developed and compensated solely under the
15 AGREEMENT; that all the rights, title and interest in and to the drawings and work product
16 will be transferred to the COUNTY by the CONSULTANT to the extent the CONSULTANT
17 has an interest in and authority to convey such rights; and the CONSULTANT will assist
18 the COUNTY to obtain and enforce patents, copyrights, trademarks, trade secrets, and
ig other rights and contractual interests relating to said drawings and work product, free and
20 clear of any claim by the CONSULTANT or anyone claiming any right through the
21 CONSULTANT. The CONSULTANT further acknowledges and agrees the COUNTY's
22 ownership rights in such drawings or work product, shall apply regardless of whether such
23 drawings or work product, or any copies thereof, are in possession of the CONSULTANT,
24 or any other person, firm, corporation, or entity. For purposes of this AGREEMENT the
25 terms "drawings and work product" shall mean all reports and study findings commissioned
26 to develop the PROJECT design, drawings and schematic or preliminary design
27 documents, certified reproducibles of the original final construction contract drawings,
28 specifications, the approved estimate, record drawings, as-built plans, and discoveries,
COUNTY OF FRESNO
Fresno,California
12/22115
33
1 developments, designs, improvement, inventions, formulas, processes, techniques, or
2 specific know-how and data generated or conceived or reduced to practice or learning by
3 the CONSULTANT, either alone or jointly with others, that result from the tasks assigned to
4 the CONSULTANT by the COUNTY under the AGREEMENT.
5 C. If the AGREEMENT is terminated during or at the completion of any phase
6 under Article 111, a reproducible copy of report(s) or preliminary documents shall be
7 submitted by the CONSULTANT to the COUNTY, which may use them to complete the
8 PROJECT(S) at a future time.
9 D. If the PROJECT is terminated at the completion of a construction document
lo phase of the PROJECT, certified reproducibles on 4 mil thick double matte film of the
11 original final construction contract drawings, specifications, and approved engineer's
12 estimate shall be submitted by the CONSULTANT to the COUNTY.
13 E. Documents, including drawings and specifications, prepared by the
14 CONSULTANT pursuant to the AGREEMENT are intended to be suitable for reuse by the
15 COUNTY or others on extensions of the services provided for the PROJECT. Any use of
16 completed documents for projects other than the PROJECT(S) and/or any use of
17 uncompleted documents will be at the COUNTY'S sole risk and without liability or legal
18 exposure to the CONSULTANT.
19 The electronic files provided by the CONSULTANT to the COUNTY are submitted
20 for an acceptance period lasting until the expiration of the AGREEMENT (i.e., throughout
21 the duration of the contract term, including any extensions). Any defects the COUNTY
22 discovers during such acceptance period will be reported to the CONSULTANT and will be
23 corrected as part of the CONSULTANT'S "Basic Scope of Work."
24 F. The CONSULTANT shall not be liable for claims, liabilities or losses arising
25 out of, or connected with (1) the modification or misuse by the COUNTY or anyone
26 authorized by the COUNTY, of such CAD data, or(2) decline of accuracy or readability of
27 CAD data due to inappropriate storage conditions or duration; or(3) any use by the
28 COUNTY, or anyone authorized by the COUNTY, of such CAD data or other PROJECT
COUNTY OF FRESNO
Fresno,California
12/22/15
34
1 documentation for additions to the PROJECT for the completion of the PROJECT by
2 others, or for other projects; except to the extent that said use may be expressly
3 authorized, in writing, by the CONSULTANT.
4 G. The COUNTY, in the discretion of its Board of Supervisors, may permit the
5 copyrighting of reports or other products of the AGREEMENT; and provided further, that if
6 copyrights are permitted; the CONSULTANT hereby agrees and this AGREEMENT shall
7 be deemed to provide that the Federal Highway Administration shall have the royalty-free
8 nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize
9 others to use, the work for government purposes.
lo XXIII. .CLAIMS FILED BY COUNTY'S CONSTRUCTION CONTRACTOR
11 A. If claims are filed by the COUNTY's CONTRACTOR relating to work
12 performed by the CONSULTANT'S personnel, and additional information or assistance
13 from the CONSULTANT'S personnel is required in order to evaluate or defend against
14 such claims, then the CONSULTANT hereby agrees in such event to make its personnel
15 available for consultation with the COUNTY's construction CONTRACT ADMINISTRATION
16 and legal staff and for testimony, if necessary, at depositions and at trial or arbitration
17 proceedings.
18 B. The CONSULTANT'S personnel that the COUNTY considers essential to
19 assist in defending against the CONTRACTOR claims will be made available on
20 reasonable notice from the DIRECTOR. Services of the CONSULTANT'S personnel in
21 connection with consultation or testimony for this purpose will be performed pursuant to a
22 written contract amendment, if determined by the parties to be necessary or appropriate.
23 XXIV. CONFIDENTIALITY OF DATA
24 A. All financial, statistical, personal, technical, or other data and information
25 relative to the COUNTY'S operations, which are designated confidential by the COUNTY
26 and made available to the CONSULTANT in order to carry out the AGREEMENT, shall be
27 protected by the CONSULTANT from unauthorized use and disclosure.
28 B. Permission to disclose information on one occasion, or public hearing held by
COUNTY OF FRESNO
Fresno,California
12/22/15
35
1 the COUNTY relating to the contract, shall not authorize the CONSULTANT to further
2 disclose such information, or disseminate the same on any other occasion.
3 C. The CONSULTANT shall not comment publicly to the press or any other
4 media regarding the AGREEMENT or the COUNTY's actions on the same, except to the
5 COUNTY's staff, the CONSULTANT'S own personnel involved in the performance of the
6 AGREEMENT, at public hearings or in response to questions from a Legislative committee.
7 D. The CONSULTANT shall not issue any news release or public relations item
8 of any nature, whatsoever, regarding work performed or to be performed under the
9 AGREEMENT without prior review of the contents thereof by the COUNTY, and receipt of
lo the COUNTY'S written permission.
11 E. All information related to the construction estimate is confidential, and shall
12 not be disclosed by the CONSULTANT to any entity other than the COUNTY.
13 XXV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
14 In accordance with Public Contract Code Section 10296, the CONSULTANT hereby
15 states under penalty of perjury that no more than one final unappealable finding of
16 contempt of court by a federal court has been issued against the CONSULTANT within the
17 immediately preceding two-year period, because of the CONSULTANT'S failure to comply
18 with an order of a federal court that orders the CONSULTANT to comply with an order of
19 the National Labor Relations Board.
20 XXVI. EVALUATION OF CONSULTANT
21 The CONSULTANT'S performance will be evaluated by the COUNTY using the form
22 attached as Appendix F. A copy of the evaluation will be sent to the CONSULTANT for
23 comments. The evaluation together with the comments shall be retained as part of the
24 contract record.
25 XXVII. STATEMENT OF COMPLIANCE: NON-DISCRIMINATION
26 A. The CONSULTANT'S signature affixed herein, and dated, shall constitute a
27 certification under penalty of perjury under the laws of the State of California that the
28 CONSULTANT has, unless exempt, complied with, the nondiscrimination program
COUNTY OF FRESNO
Fresno,California
12/22/15
36
1 requirements of Government Code Section 12990 and Title 2, California
2 Administrative Code, Section 8103.
3 B. During the performance of the AGREEMENT, the CONSULTANT and its
4 subconsultants shall not unlawfully discriminate, harass, or allow harassment against any
5 employee or applicant for employment because of sex, race, color, ancestry, religious
6 creed, national origin, physical disability (including HIV and AIDS), mental disability,
7 medical condition (e.g., cancer), age (over 40), marital status, and denial of family care
8 leave. The CONSULTANT and subconsultants shall ensure that the evaluation and
9 treatment of their employees and applicants for employment are free from such
lo discrimination and harassment. The CONSULTANT and subconsultants shall comply with
11 the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.)
12 and the applicable regulations promulgated thereunder(California Code of Regulations,
13 Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and
14 Housing Commission implementing Government Code Section 12990 (a-f), set forth in
15 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
16 into the AGREEMENT by reference and made a part hereof as if set forth in full. The
17 CONSULTANT and subconsultants shall give written notice of their obligations under this
18 clause to labor organizations with which they have a collective bargaining or other
19 Agreement.
20 C. The CONSULTANT and subconsultants shall include the nondiscrimination
21 and compliance provisions of this clause in all subcontracts to perform work under the
22 AGREEMENT.
23 XXVIII. DEBARMENT AND SUSPENSION CERTIFICATION
24 A. The CONSULTANT'S signature affixed herein, shall constitute a certification
25 under penalty of perjury under the laws of the State of California, that the CONSULTANT
26 has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and
27 Suspension Certificate, which certifies that he/she or any person associated therewith in
28 the capacity of owner, partner, director, officer, or manager, is not currently under
COUNTY OF FRESNO
Fresno,California
12/22/15
37
1 suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal
2 agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible
3 by any federal agency within the past three (3) years; does not have a proposed
4 debarment pending; and has not been indicted, convicted, or had a civil judgment rendered
5 against it by a court of competent jurisdiction in any matter involving fraud or official
6 misconduct within the past three (3) years. Any exceptions to this certification must be
7 disclosed to the COUNTY on Appendix G.
8 B. Exceptions will not necessarily result in denial of recommendation for award,
9 but will be considered in determining CONSULTANT responsibility. Disclosures must
lo indicate to whom exceptions apply, initiating agency, and dates of action.
11 C. Exceptions to the Federal Government Excluded Parties Listing System
12 maintained by the General Services Administration are to be determined by the Federal
13 Highway Administration.
14 XXIX COMPLIANCE WITH LAWS AND STATE PREVAILING WAGE RATES
15 A. The CONSULTANT shall comply with the State of California's General
16 Prevailing Wage Rate requirements in accordance with California Labor Code, Section
17 1770, and all Federal, State, and local laws and ordinances applicable to the work.
18 B. Any subcontract entered into as a result of this contract if for more than
19 $25,000 for public works construction or more than $15,000 for the alteration, demolition,
20 repair, or maintenance of public works, shall contain all of the provisions of this Article.
21 C. When prevailing wages apply to the services described in the scope of work,
22 transportation and subsistence costs shall be reimbursed at the minimum rates set by the
23 Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage
24 Determination. See hftp://www.dir.ca.qov.
25 XXX CONFLICT OF INTEREST
26 A. The CONSULTANT shall comply with the provisions of the Fresno County
27 Department of Public Works and Planning Conflict of Interest Code, attached hereto as
28 Appendix H and incorporated herein. Such compliance shall include the filing of annual
COUNTY OF FRESNO
Fresno,California
12/22/15
38
1 statements pursuant to the regulations of the State Fair Political Practices Commission
2 including, but not limited to, portions of Form 700.
3 B. The CONSULTANT shall disclose any financial, business, or other
4 relationship with the COUNTY that may have an impact upon the outcome of this contract,
5 or any ensuing COUNTY construction project. The CONSULTANT shall also list current
6 clients who may have a financial interest in the outcome of this contract, or any ensuing
7 COUNTY construction project, which will follow.
8 C. The CONSULTANT hereby certifies that it does not now have, nor shall it
9 acquire any financial or business interest that would conflict with the performance of
lo services under this AGREEMENT.
11 D. The CONSULTANT hereby certifies that neither the CONSULTANT, nor any
12 firm affiliated with the CONSULTANT will bid on any construction contract, or on any
13 contract to provide construction inspection for any construction the PROJECT resulting
14 from the AGREEMENT; provided, however, that this shall not be construed as disallowing
15 the CONSULTANT or affiliated firm from performing, pursuant to the AGREEMENT or
16 other agreement with the COUNTY, construction inspection services on behalf of the
17 COUNTY for the PROJECT. An affiliated firm is one, which is subject to the control of the
18 same persons through joint ownership, or otherwise.
19 E. Except for subconsultants or subcontractors whose services are limited to
20 providing surveying or materials testing information, no subcontractor who has provided
21 design services in connection with this contract shall be eligible to bid on any construction
22 contract, or on any contract to provide construction inspection for any construction project
23 resulting from this contract; provided, however, that this shall not be construed as
24 disallowing subcontractors who have provided design services for the PROJECT from
25 performing, pursuant to this AGREEMENT or other agreement with the COUNTY,
26 construction inspection services on behalf of the COUNTY for the PROJECT.
27 XXXI. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
28 The CONSULTANT warrants that this AGREEMENT was not obtained or secured
COUNTY OF FRESNO
Fresno California
12122/15
39
1 through rebates kickbacks or other unlawful consideration, either promised or paid to any
2 COUNTY employee. For breach or violation of this warranty, the COUNTY shall have the
3 right, in its discretion, to do any of the following: terminate the AGREEMENT without
4 liability; or to pay only for the value of the work actually performed; or to deduct from the
5 AGREEMENT price, or otherwise recover the full amount of such rebate, kickback or other
6 unlawful consideration.
7 XXXII. PROHIBITION OF EXPENDING COUNTY STATE OR FEDERAL FUNDS FOR
8 LOBBYING
9 A. The CONSULTANT shall sign the lobbying forms, attached hereto and
lo incorporated herein as Appendix 1, as required by the instructions found on each form.
11 B. The CONSULTANT certifies to the best of his or her knowledge and belief
12 that:
13 1. No state, federal or COUNTY appropriated funds have been paid, or will be
14 paid by or on behalf of the CONSULTANT to any person for influencing or attempting to
15 influence an officer or employee of any state or federal agency; a Member of the State
16 Legislature or United States Congress; an officer or employee of the Legislature or
17 Congress; or any employee of a Member of the Legislature or Congress, in connection with
18 any of the following:
19 a. the awarding of any state or federal contract;
20 b. the making of any state or federal grant;
21 C. the making of any state or federal loan;
22 d. the entering into of any cooperative agreement, or
23 e. the extension, continuation, renewal, amendment, or modification of
24 any state or federal contract, grant, loan, or cooperative agreement.
25 2. If any funds other than federally appropriated funds have been paid, or will be
26 paid to any person for influencing or attempting to influence an officer or employee of any
27 federal agency; a Member of Congress; an officer or employee of Congress, or an
28 employee of a Member of Congress; in connection with this federal contract, grant, loan, or
COUNTY OF FRESNO
Fresno,California
12/22/15
40
1 cooperative agreement, then the CONSULTANT shall complete and submit Standard
2 Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3 C. The certification required by the provisions of this Article is a material
4 representation of fact upon which reliance was placed when this transaction was made or
5 entered into. Submission of this certification is a prerequisite for making or entering into
6 this transaction imposed by Title 31, U.S. Code Section 1352. Any person who fails to file
7 the required certification shall be subject to a civil penalty of not less than $10,000 and not
8 more than $100,000 for each such failure.
9 D. The CONSULTANT also agrees by signing this document that he or she shall
lo require that the language of this certification be included in all lower-tier subcontracts,
11 which exceed $100,000, and that all such sub-recipients shall certify and disclose
12 accordingly.
13 XXXIII. INDEPENDENT CONTRACTOR
14 A. In performance of the work, duties and obligations assumed by the
15 CONSULTANT under the AGREEMENT, it is mutually understood and agreed that the
16 CONSULTANT, including any and all of the CONSULTANT'S officers, agents, and
17 employees will at all times be acting and performing as an independent contractor, and shall
18 act in an independent capacity and not as an officer, agent, servant, employee, joint venturer,
19 partner, or associate of the COUNTY. Furthermore, the COUNTY shall have no right to
20 control or supervise or direct the manner or method by which the CONSULTANT shall
21 perform its work and function. However, the COUNTY shall retain the right to administer the
22 AGREEMENT so as to verify that the CONSULTANT is performing its obligations in
23 accordance with the terms and conditions thereof.
24 B. The CONSULTANT and the COUNTY shall comply with all applicable
25 provisions of law and the rules and regulations, if any, of governmental authorities having
26 jurisdiction over matters the subject thereof.
27 C. Because of its status as an independent contractor, the CONSULTANT shall
28 have absolutely no right to employment rights and benefits available to COUNTY employees.
COUNTY OF FRESNO
Fresno,California
12/22/15
41
1 The CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its
2 employees all legally-required employee benefits. In addition, the CONSULTANT shall be
3 solely responsible and save the COUNTY harmless from all matters relating to payment of
4 the CONSULTANT'S employees, including compliance with Social Security withholding and
5 all other regulations governing such matters. It is acknowledged that during the term of this
6 AGREEMENT, the CONSULTANT may be providing services to others unrelated to the
7 COUNTY or to this AGREEMENT.
8 XXXIV. DISCLOSURE OF SELF-DEALING TRANSACTIONS
9 This provision is only applicable if the CONSULTANT is operating as a corporation
lo (a for-profit or non-profit corporation) or if during the term of the AGREEMENT, the
11 CONSULANT changes its status to operate as a corporation. Members of the
12 CONSULTANT'S Board of Directors shall disclose any self-dealing transactions that they
13 are a party to while the CONSULTANT is providing goods or performing services under the
14 AGREEMENT. A self-dealing transaction shall mean a transaction to which the
15 CONSULTANT is a party and in which one or more of its directors has a material financial
16 interest. Members of the Board of Directors shall disclose any self-dealing transactions that
17 they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form,
18 attached hereto and incorporated as Appendix J and submitting it to the COUNTY prior to
19 commencing with the self-dealing transaction or immediately thereafter.
20 XXXV. NOTIFICATION
21 All notices hereunder and communications regarding interpretation of the terms of
22 the AGREEMENT and changes thereto, shall be effected by the mailing thereof by
23 registered or certified mail, return receipt requested, postage prepaid, and addressed to
24 the CONTRACT ADMINISTRATOR and the CONSULTANT'S Project Manager identified
25 on Page 1 of this AGREEMENT.
26 XXXVI. NON-ASSIGNMENT
27 Neither party shall assign, transfer or sub-contract the AGREEMENT or any of its
28 respective rights or duties hereunder, without the prior written consent of the other party.
COUNTY OF FRESNO
Fresno,California
12122115
42
i XXXVII. CONSULTANT'S LEGAL AUTHORITY
2 Each individual executing or attesting the AGREEMENT on behalf of the
3 CONSULTANT hereby covenants, warrants, and represents: (i) that he or she is duly
4 authorized by or in accordance with the CONSULTANT'S corporate by-laws to execute or
5 attest and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii) that the
6 AGREEMENT, once he or she has executed it, is and shall be binding upon such
7 corporation.
8 XXXVIII. BINDING UPON SUCCESSORS
9 The AGREEMENT shall be binding upon and inure to the benefit of the parties and
lo their respective successors in interest, assigns, legal representatives, and heirs.
11 XXXIX INCONSISTENCIES
12 In the event of any inconsistency in interpreting the documents which constitute the
13 AGREEMENT, the inconsistency shall be resolved by giving precedence in the following
14 order of priority: (1) the text of the AGREEMENT (excluding Appendices); (2) Appendices
15 to the AGREEMENT.
16 XL. SEVERABILITY
17 Should any part of the AGREEMENT be determined to be invalid or unenforceable,
18 then the AGREEMENT shall be construed as not containing such provision, and all other
19 provisions which are otherwise lawful shall remain in full force and effect, and to this end
20 the provisions of the AGREEMENT are hereby declared to be severable.
21 XLI. FINAL AGREEMENT
22 Both of the above-named parties to the AGREEMENT hereby expressly agree that
23 the AGREEMENT constitutes the entire agreement which is made and concluded in
24 duplicate between the two parties with respect to the subject matter hereof and supersedes
25 all previous negotiations, proposals, commitments, writing, advertisements, publications,
26 and understandings of any nature whatsoever unless expressly included in this
27 AGREEMENT. In consideration of promises, covenants and conditions contained in the
28 AGREEMENT, the CONSULTANT and the COUNTY, and each of them, do hereby agree
COUNTY OF FRESNO
Fresno,California
12/22/15
43
1 to diligently perform in accordance with the terms and conditions of the AGREEMENT, as
2 evidenced by the signatures below.
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COUNTY OF FRESNO
Fresno,California
12/22/15
44
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 COUNTY OF FRESNO
5
6 ' ( 1 ERNEST BUDDY MEN ES,
NAME: Dau� •tlar sve�c� T CHAIRMAN
7 l BOARD OF SUPERVISORS
TITLE: I��es ic�ev�, I
8
ADDRESS: PO Box 2697 ATTEST:
9 Oakhurst CA 93644
BERNICE E.SEIDEL,Clerk
10 Board of Supervisors
By�
11 eputy
12
REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL FORM
13 FOR APPROVAL COUNTY COUNSEL
14
15 BY: BY:
ALAN WEAVER, DIRECTOR DEPUTY
16 DEPARTMENT OF PUBLIC WORKS
AND PLANNING
17
18
19
20 APPROVED AS TO ACCOUNTING
FORM
21
22
ORG: 1910 . 4360 4510 BY:
23 7205 VICKI CROW, C.P.A.
FUND: 0001 0001 0001 0001 0010 AUDITOR-CONTROLLER/
24 0001 TREASURER-TAX COLLECTOR
SUBCLASS: 10000 10000 11000
25 00001
ACCOUNT: 7295
26
27
28
COUNTY OF FRESNO
Fresno,California
„/23/15 45
APPENDIX
DAVID J. HARTESVELDT
Senior Botanist and Wetland Scientist,Oakhurst Office
EDUCATION
w Graduate Studies. Botany, San Jose State University, San Jose, CA. 1972tn 1076
• B.A. History, San Jose State University, San Jose, CA. 1969
AREA OF EXPERTISE
General botany, flora, wetlands and wildlife issues of California, threatened and endangered
apecioo, environmental regulations (CEC>A. NEPA. CE8A Clean Water Act, Fish and {]oma
Code)
PROFESSIONAL EXPERIENCE
w Live Oak Associates, Inc. (former!yHerteema|dt Ecological), Oakhurst, CA. Co-(}mnor,
Pneaident, Senior Botanist and Wetland Scientist. 1905to Present.
w Consulting Biologist 1085tn present.
* Crater Lake National Park, OR. Park Ranger. Summer Season, 1S78 and 1S80.
m Illinois Valley High School, Cave Junction, OR. High School Teacher. 1878to1080.
PROFESSIONAL TRAINING
w Wetland Delineation Refresher,Wetland Training Institute. 1/95
p Jurisdictional Delineation of Wetlands in the San Francisco Bay Region, American Fisheries
Society. 5/88
MEMBERSHIPS IN PROFESSIONAL ORGANIZATIONS
Society ufWetland Scientists, Association ofEnvironmental Ponfenoiona|a (AEP)
QUALIFICATIONS
Mr. Hartesveldt is an experienced botanist and wetlands ecologist who has been studying the
Oons of California for much of his adult Ufa. Although his particular interest is the flora of California,
he has studied regional floras in Oregon and Minnesota, states in which he worked as a seasonal
ranger for the National Park Service. He has provided consulting services to a variety of clients
including local agencies, planning firms, attorneys, and developers. His areas of expertise include
the following:
° Delineation of Jurisdictional Waters. Mr. Hartenvn|dt has completed specialized training in
wetland delineation methodologies and during the past ten years he has completed numerous
detailed wetland delineations. He has conducted studies in tidal marshes, diked salt marshes,
freshwater marshes, ruderal seasonal wetlands, alkali wetlands, vernal pools, and montane
meadows.
° Wetland Permit Assistance. Mr. Harteave|dt has assisted clients in securing U.8.Army
Corps ofEngineers, California Regional Water Quality Control Board. and California
Department of Fish and Wildlife permits for filling wetlands and other jurisdictional waters.
These permits frequently are conditional upon the preparation and implementation of
mitigation plans that enhance existing wetland values or provide replacement habitat.
° Special Status Species Surveys. Mr. Harteave|dt has conducted numerous surveys for
threatened or endangered plants and aninna|a, and/or their habitats, and assisted his clients
with mitigation that reduced impacts to such species.
" Preparation ofCEQAJNEpADocuments. Mr. Horteave|dt has prepared portions of
numerous EIR's, initial studies, and NEPA documents requiring reconnaissance level wetland
delineations, special status species surveys, habitat mapping, etc. As a project manager for
many of these projects, he has supervised interdisciplinary teams of biologists characterizing
the biological setting of project sites and planning onmao, determining project innpants, and
developing conceptual mitigation plans consistent with the requirements of CEQA and NEPA.
APPENDIX/\
RICK
A0enior San Jose Office
EDUCATION
w Ph.D. VVi|d|andm Resource Scienoo, University ofCalifornia, Berkeley, CA. 1000.
° Dissertation Title: Ecology cf the cougar}n the Diablo Range.
w M.A. Bio/ugy, San Jose State University, San Jose, CA. 1081.
m B.A. Wildlife Zoology, San Jose State Univensity, San Jome, CA. 1876.
AREA OF EXPERTISE
Population ecology, mammalogy, predator ecology, survey techniques, wild I ife/ha bitat relationships,
conservation biology, threatened and endangered species, and environmental regulations (CEQA,
NEPA. FESA. CESA)
PROFESSIONAL EXPERIENCE
• Live Oak Associates, Inc., (formerly Harteove|dt Ecological)Oakhurst, CA. Co-Ovvner, Vice-
President, Senior Wildlife Biologist. 1999to Present
• Consulting Biologist 18S0topresent
• San Jose State Univoroity, San Jose, CA. Spring Lecturer, 1991
~ University ofCalifornia at Berkeley, Borkeioy, CA. Research Assistant. 1884to 1089
w San Jose State University, San Jose, CA. Lecturer. 1983to1985
w University of California at Berkeley, Berkeley, CA. Teaching Assistant. 1982 to 1983
° San Jose State Univenoity, San Jose, CA. Grad uate/TeanhingAssistant, Biology. 1077bo 1981
PROFESSIONAL TRAINING
Habitat Evaluation Prooedure (HEP). U.S. Fish and Wildlife Service. 8/92
MEMBERSHIPS IN PROFESSIONAL ORGANIZATIONS
Wildlife Sooiety, American Society ofK4ernma/ugiota. Society for Conservation Bio!oQy, Eoo|ugioe}
Society ufAmerica
QUALIFICATIONS
Dr. Hopkins is a national recognized wildlife ecologist whose training and research has focused on
population ecology and movements of wildlife, particularly mammalian carnivores and threatened and
endangered (T&E)wildlife species. His areas of expertise include the following:
° Special status Species Surveys. Dr. Hopkins has designed and managed o considerable number
of surveys for special status species and/or their habitats during the last 20 years. While Dr. Hopkins
is a broadly trained ecologist with experience with several wildlife species, he has dedicated the last
35 years to the study of mammalian carnivores. During the last 2O years he has focused a great deal
of attention in studying the distribution of the San Joaquin kit fox within its range. Hu has continued tV
search for ways to establish survey techniques that will provide statistical rigor to the methods
employed to ascertain the presence or absence of wildlife species on sites, particularly in marginal
habitats. He has also mneiatnd his clients with mitigation that reduced impacts tusuch mpecios,
including (but not limited too) listed crustaceans (e.g., vernal pool fairy shrimp), Bay checkerspot
butterfly, Mission blue butterfly, San Bruno elfin, Callippe butterfly, Valley elderberry longhorn beetle,
California tiger salamander, California red-legged hng, western pond turtle, blunt-nosed leopard
lizard, Alameda vvhipsnako. western burrowing owl, 8wminson'ohavvk. golden eagle, bald eag|o.
Buena Vista Lake shrew, giant kangaroo rat, salt marsh harvest mouse, San Joaquin kit fox. He has
also contributed to the development of the California Wildlife Habitat Relationships Program and is
trained in Habitat Evaluation Procedures.
APPENDIX A
° Resource Conflict Resolution: Rick has provided consultation regardinghumon/wild|ife conflicts
(particularly with large carnivores such as the cougar)to City and Counties, state legislatures, and
Fish and Game Commissions, in several western states during the last 30 years.
* Landscape Scale Conservation Planning. Rick has participated in state-wide efforts to identify the
important landscape linkages remaining in the state (i.e., Missing Linkages Conference)and in
regional efforts such as the San Francisco Bay Area Upland Goals Workshop and TNC Central Coast
Ecnnagiona}VVnrhehop. These efforts have focused Rick's interest in using theoretically grounded
spatial tools to inform conservation planning at relevant spatial scales. An integral part of this process
is working with applicants and landowners to identify suitable landscapes to conserve and manage to
fulfill any required state or federal obligations that the regulated community may have incurred as part
of their projects. Presently he is using these approaches in the development of a multi-species HCP
for the 47,000 acre Elk Hills Oil Field, a cougar habitat management plan for 35,000 kM2 area of
Southern California, and developing conservation strategies for large-scale solar projects in central to
southern the San Joaquin Valley.
• Endangered Species Consultations. Dr. Hopkins has prepared supporting material for both section
7(o)ond 10(a)consultations with the U.S. Fish and Wildlife Service. AaPrincipal, he has supervised
the collection of data on listed species within project areas, analysis of project impacts, the
development of mitigation measures, and has been the primary contact with the resource agencies
during the process. Dr. Hopkins has prepared a number of Habitat Conservation Plans for a variety of
projects.
° Preparation of CEQA/NGPAQmcummenhs. Dr. Hopkins has supervised interdisciplinary teams uf
biologists characterizing the biological setting nf project sites and planning areas, determining project
impacts, and developing conceptual mitigation plans consistent with the requirements of CEQA and
NEPA for over 2O00 projects during the last 20years.
PUBLICATIONS
8rigione, M.M., P. Bo/er, R.A. Hopkino, D. Nea/, W.D. Ped|ey, C.M. Sohonevvo|d and M. L. Johnson.
2002. Ecological and aUonlothc determinants of home-range size for mountain lions (Puma oonco|or).
Animal Conservation 5:317-324.
Hopkins, R. A., M. J. Nuti|eh. and G. L. Shreve. 1980. The density and home range characteristics of
mountain lions in the Diablo Range of California. Pages 223'235 In S. D. K4U|er and D. Everettedm,
Proc. International Cat symposium, Kingsville, Texas, October 1Q82.
Hopkino, R.A. 1984. Current techniques used in the research of pumas. Pages 218-229 inJ. Roberson
and F. Lindzey. eds. Second Mountain Lion Workshop. Utah Div. VVUd|. Reo.. Utah.
Hnpkine, R.A. 1000. Ecology ofthe Puma in the Diablo Range. Ph.D. Dissertation University ofCalifornia
at Berkeley, California.
Kuti|ek. yWJ.. R.A. Hopk/no, E.W. C|inite. and T. E. Smith. 1983. Monitoring population trends of large
carnivores using track honaeohs. Pages 104-106 inJ. F. Bell, and T. Afterbury, ado. Proo. Internat.
Conf. Renewable Resource Inventories for Monitoring Changes and Trends. School of Forestry,
Oregon State University, Con/eUim. Oregon.
TESTIMONY AT STATE WILDLIFE COMMISSION MEETINGS OR STATE LEGISLATIVE HEARINGS.
Dr. Hopkins has provided both written and oral testimony at state wildlife commission hearings and at
Legislative Hearings in several western states. These include California, Oregon, Washington,
Colorado, Wyoming and South Dakota. The purpose uf these testimonies was to provide decision
makers the best available scientific information regarding the biology and ecology of the cougar and to
evaluate the ramifications ofor effectiveness of proposed actions.
APPENDIX A
AUSTIN PEARSON~ B.S~
Director of Oakhurst Office
EDUCATION
w B3. Biology with an emphasis in ecology, California State University, Fresno, CA 2002
AREAS OF EXPERTISE
Wild life/habitat relationships, fairy shrimp and tadpole shrimp surveys, survey techniques, threatened
and endangered species, and environmental regulations/permitting (CEQA, NEPA, FESA, CESA, CWA)
PROFESSIONAL EXPERIENCE
• Live Oak Associates, |no.. Oakhurst, CA. Staff Ecologist 2OU3toPresent
~ California Department of Fish and Game, Scientific Aide 2001to2003
w Sierra Research Laboratories, Laboratory Technician |}| 1007to1980
PROFESSIONAL TRAINING and Certifications
w Federal 1O(a)(1)(A\Vernal Pool Branohinpod Recovery Permit TE1O8083-2
• NEPA Overview and Refresher, UC. Davis Extension, May 2O13
w Blunt-Nosed Leopard Lizard Workshop and Training, May 20O0
° Arid West Supplement Workshop, Wetland Training Institute, April 2O07
* Advanced CEC>ACouroe. UC. Davis Extension, Novamber2OOG
• 38-Hour Army Corps of Engineers Wetland Delineation & Management Training, October. 2005
° Bat Ecology and Field Techniques, September 20U5
* Introduction to the Fairy Shrimp, Tadpole Shrimp and Clam Shrimp, Christopher Rogers, May 2005
w Morphology and Identification of Flowering Plants, Jepson Herbarium, March 2005
• Trimble GPS Training, John Daphan, California Drafting and Supply, January 2005
* California Anostraca and Notostraca Identification Class, Mary Schug Belk, August 2004
* Endangered Species Regulation and Policy, UC Davis Extension, February 2004
° CE{JA: A Step by Step Approach, UC Davis Extension, October 20O3
^ Identification of Fresh Water Fish, California Department nfFish and Game Training, Augunt2U01
* Identification and Ecology of Sensitive Amphibians and Reptiles of the Central and Southern Sierra
Nevada, The Wildlife Society, June 2001
QUALIFICATIONS
Mr. Pearson is a graduate VfCSUF'e Biology Program who focused his studies in ecology. Prior to
finishing his B.S. in biology, Mr. Pearson worked for the California Department nfFish and Game as a
Scientific Aide where he performed surveys for sensitive fish, amphibian, and avian species such as
California roach, hardhead, foothill and mountain yellow-legged frogs, Yosemite toad, California tiger
salamander, spotted owl, great gray owl, goshawk and willow flycatcher. He also established and
maintained camera stations for fisher and wolverine.
During his time with Sierra Research Laboratories, he performed several studies testing and observing
the effects of various compounds on urban invertebrate species. He gained e breadth of experience in
experimental design and implementation, am well me data analysis.
Mr. Pearson has more than 11 years of experience working as a biological consultant, and more than 16
years' experience working in the biological sciences. Currently, as director of ecological services, he
oversees projects for our Oakhurst Office, providing consulting services to a variety of clients including
local agencies, planning firms, attorneys, private land owners, and developers. His areas of expertise
APPENDIX
w Preparation ofCEO/VNEPADocuments. Mr. Pearson has supervised teams of biologists in
characterizing the biological setting of project sites and planning areas, determining project impacts,
and developing mitigation plans/strategies in support of CEQA and NEPA for over 200 projects.
° Special status Species Surveys. Mr. Pearson has designed, conducted, and managed econsiderable
number of surveys for special status species and/or their habitats including (but not limited too) listed
crustaceans (e.g., vernal pool fairy ahhmp). Valley elderberry longhorn beetle, California tiger
oo|amnander, western pond turtle, blunt-nosed leopard lizard, western burrowing owl, Swainson's
hawk, and San Joaquin kit fox. He also 000iata his clients in developing feasible mitigation strategies
that reduced impacts to such species.
° Endangered Species Consultations. Mr. Pearson has prepared supporting material for section 7(a)
consultations with the U.S. Fish and Wildlife Service, and obtained requisite take authorizations. He
has conducted and supervised data collection for listed species within project areas, analysis of
project impacts, the development of mitigation plans, and has been the primary contact with the
resource agencies during the process.
" Wetland Permit Assistance. Mr. Pearson has assisted clients in securing a number ofU.S. Army
Corps of Engineers, California Regional Water Quality Control Board, and California Department of
Fish and Wildlife permits for filling wetlands and other jurisdictional waters. He has also prepared
mitigation plans for enhancing existing wetland values and/or providing replacement habitat, which
are frequently required by these permits.
APPENDIX A
JEFFREY E. GURULE, B.A.
Senior Project Manager, Staff Ecologist,Oakhurst Office
EDUCATION
» B.A. Environmental Scianoa, University nfCalifornia, Berkeley, CA. 1988.
w CLAD Multiple Subject Teaching Credential with a Supplemental in Science, National Univenoih/,
Fresno, CA. 2002.
AREAS OF EXPERTISE
Avian ecology, wetland and vernal pool ecology, botany, entomology, CEQA and NEPA compliance, and
Clean Water Act(CVVA)and Endangered Species Act (ESA)compliance.
PROFESSIONAL EXPERIENCE
m Live Oak Associates, |no.. Oakhurst, CA. VVi}d|ife/Plonh/WeUonds Biologist 2005toPresent
» HersnhyEnvironmenba|. Inc., Oakhurst, CA. Supervising Field Technician 2004to2006
w Raymond School, Raymond, CA. Elementary School Teacher 2002
° Ocean Song Farm and Wilderness Center, Occidental, CA. Naturalist 1Q8%to1994
v City of Oakland, Oakland, CA. Science Education Specialist 1QA0to10Q1
• University of California Berkeley. Research Assistant, Endangered Animal Species 1989
w University nfCalifornia Berkeley. Research Aoaiotant, Avien/habitatreioUnnehips 1988
w University of California Berkeley. Research Assistant, Comparative Avian Biology 1987
PROFESSIONAL TRAINING
w Svvainson's Hawks in California's Central Valley: Status ' Life History— Identification -Survey
Methodology- Risk Assessment—Conservation—Protection, Michael Bradbury, Swainson's Hawk
Technical Advisory Committee, April 12. 2O12
m Rare Pond Species Survey Techniques Workshop, The Wildlife Project& Laguna de Rosa
Foundation, Rohnert Park, CA. March 27' 2010
• Arid West Supplement,Wetland Training Institute, 4/14/07
* Identification and Ecology of the Fairy Shrimp and Tadpole Shrimp of California, Oregon, and
Washington, Christopher Rogers, 12/12-14/00
~ Advanced CEC)A Course, U.C. Davis Extension, 11/20-30/0G
* Wetland Delineation Training Course, Wetlands Training Institute, 3/27-31/08
° CEC>A: AStep by Step Approach, U.C. Davis Extension, 12/2/05
* Water and Waste Water Management for Wineries, U.C. Davis Extension 8/6/04
VALID PERMITS
m USFVVSBnannhiopod Recovery Permit(Permit NnTE1SOy24-1)
m CDFVV Scientific Collection Permit
* CDFVV Level |[ Blunt-nosed Leopard Lizard Surveyor
QUALIFICATIONS
As a staff member of Live Oak Associates, Inc., Mr. Gurule has provided consulting services for
biological resources in California for 10years. During that time ho has managed numerous projects
throughout Central California that require the evaluation of habitat for special status apnoies, the analysis
of environmental impacts, and the development of appropriate mitigation measures consistent with the
biological nasnuroo requirements nfCEOAand NEPA. He has also assisted clients in obtaining permits
from the U.S. Fish and Wildlife 8nrvice, U.S. Army Corps of Engineers, California Department of Fish
and Wildlife, and Regional Water Quality Control Board. Among his ongoing projects, hemanages
vernal pool habitat monitoring for the Kennedy Table Conservation Bank and Drayer Conservation
Bonk. Vernal pool species specifically monitored are succulent owl's clover, San Joaquin Orcutt grass,
Greene's tuctoria, Bogg's Lake hedge hyssop, vernal pool fairy shrimp, vernal pool tadpole shrimp, and
APPENDIX A
California tiger salamanders. Since receiving his USFWS Branchiopod Recovery Permit in 2007, Jeff has
conducted numerous bmnchiopod surveys nn project sites ranging from ofew acres to thousands of
acres. Mr. Gurule also maintains a valid CDFW Scientific Collecting Permit and is a qualified Level 11
blunt-nosed leopard lizard surveyor. |n addition, Mr. Guruiein currently conducting o rare plant
(Pseudobahia bahfifolia)relocation experimental project in Fresno County. His field experience also
includes numerous botanical and wildlife surveys covering rare plants, birds, San Joaquin kit fox, riparian
brush rabbit/wood rat, herpo, branohiopods, and valley elderberry longhorn beetle (elderberry).
APPENDIX A
WENDY FISHER
Senior Project Manager, Plant Ecologist,Oakhurst Office
EDUCATION
Humboldt State Univenuity, Arcata, California, B.S.' Forest Ecology, minors in Botany and Fonestry, 1996
AREAS 0FEXPERTISE
w Regulatory Permitting
w Biological Resource Evaluations
» Jurisdictional Waters Delineation
• Special Status Plant Surveys
• General Wildlife Surveys
• ArbVrintEva|uaUons
PROFESSIONAL EXPERIENCE
* Senior Project Manager/Plant Ecologist, Live Oak Associates, Inc. Oakhurst, CA. May 1998—June
2007, and December 2O1O -present
° Senior Biologist/Project Manager, LSAAnnnoiates. Inc., Son Luis Obiopo, CA. Ju|y20O7—November
2010
^ Consulting Utility Forester, Western ECI, Oakhurst, CA, October 1997 - May 1998
w Biological Science Technician, GS-3.4.5, US Forest Service, Sierra National Fonaat, LV|o National
Forest. Rogue River National Forest. June 1093 - November 1UQ7 (|nterm{ttent)
w Assistant Plant Propagator and Nursery Salesperson, Intermountain Nursery, Prather, CA,
November 108G—June 19S7
CERTIFICAiTXO[QS/SPECIALIZEDTRAlM1ING
m International Society of Arboriculture, Certified Arborist, #WE-3872A, Valid thru Deoember2O15
• Scientific Collecting Parnnit, California Department ofFish and Game, #5590, Va|idthru K4aroh2014
p Voucher Plant Specimen Collecting Permit for State-Listed Plants, California Department of Fish and
Game, #2O81-A-12-3S-V. Va|idthru March2015
* Flora of Tejon Ranch, Jepson Herbarium Workshop, 2013
* Morro Bay Bird Festival, Bird |D Workshop, 2013
" Rare Plants ofSan Luis Obispo County, California Native Plant Society, 2010
w Morro Bay Bird Festival, Bird |O Workshop and Pelagic Trip, 2O1O
° Mandatory Tree Removal Process Workshop for County Approved Arborists, Monterey County, 2009
° Rare Pond Species Survey Techniques, Laguna de Santa Rosa Foundation, 2O0S
° Branchiopod (Fairy and Tadpole Shrimp)Workshop, Christopher Rogers, Invertebrate Zoologist, 2008
° Rapid Assessment Training, California Native Plant Society, 2007
• Attendance at Habitat Assessment Workshop for San Joaquin kit fox, San Luis Obispo County, 2007
° Technical Writing Class through UC Davis Extension, 2O06
* The Flora of San Luis Obispo County, Jepson Herbarium, 300G
w Nationwide Permit Class through UC Davis Extension, 2OOS
° Richard Chinn's Advanced Wetland Training Course, 2OOS
w Aquatic Plants, Jepson Herbarium, 2005
* Western Section of the Wildlife Society's Burrowing Owl Conference, 2003
PRINCIPAL PROFESSIONAL RESPONSIBILITIES
Ms. Fisher is e Senior Biologist/Senior Project Manager with over sixteen years of consulting experience
with issues related to wildlife, botanical, and wetland resources for the preparation of documents for
CEQA and NEPA compliance. Ms. Fisher has expertise in the native and rare flora of California and is a
certified arborist with the International Society of Arboriculture. Ms. Fisher has completed general and
species-specific surveys for a number of special status species throughout California, including dozens
APPENDIX
of rare plant species, Valley elderberry longhorn beetle, vernal pool fairy shrimp, vernal pool tadpole
shrimp, blunt-nosed leopard lizard, California tiger salamander, California red-legged frog, Southwestern
pond tuMe, San Joaquin kit fox, San Joaquin antelope squirrel, burrowing owl, nesting birds and roosting
bats. Ms. Fisher has secured agency permits for Sections 404 of the Clean Water Act(U.S. Army Corps
of Engineers), Section 401 of the Clean Water Act(Regional Water Quality Control Board), Section 1600
of the California Department of Fish and Wildlife Code, and Sections 7 and 10 of the Endangered
Species Act(U.8. Fish and Wildlife Service). Work within the coastal zone has required consultation with
the California Coastal Commission and National Marine Fisheries Service. Wendy has worked on
development and management of several conservation banks in Central California during her many
years of biological consulting. Wendy spent five seasons working ooa biological science technician for
the U.S. Forest Service and one year working as a certified arborist for PG&E prior to her 17+ year
consulting career.
PROFESSIONAL AFFILIATIONS
• Wildlife Snoiety, Western Section; International Society ofArboriculture; Sierra Foothill Conservancy
° California Native Plant Society
APPENDIX A
GEOFFREY
D.Senior Project Manager/Staff Truckee Office
EDUCATION
~ k4.S. Wildlife Management, University nf Otago, New Zealand. 2007
• B.S. Environmental Etudiee, University ofCalifornia, Santa Borbana, CA. 2001
m Wildlands Studies, Nepal Study Abroad Program, San Francisco State University, CA. 1999
AREA OF EXPERTISE
Wildlife biology and management, ecology, threatened and endangered species conservation, survey
techniques, environmental regulations (NEPA. CEQA. FESA. CEGA. CVVA), G|G. project management.
PROFESSIONAL EXPERIENCE
• Sr. PnojactMngr./Sr. Ecologist, Live Oak Associates, Inc., Truckee, CA. July 2014topresent.
° Project K4ngr./Staff Ecologist, Live Oak Associates, |no.. Oakhurst, CA. January, 2O10—June, 2014.
m Research Ecologist, Sierra Nevada Adaptive Management Program - Fisher Team, University of
California, Berkeley, and Oakhurst, CA. November, 20Q7—November, 2O00.
° Biological Science Technician NVi|d|ife\, USG8, VmUein, CA. July—September. 2007.
m Field Technician, University of Otago, New Zealand. February, 2O0G - May, 2007
• Biological Science Technician (Wildlife), National Park Service, Channel |a|ends. CA. July, 2003—
December, 2UO4.
* Wildlife Biologist, Institute for Wildlife Studies, Channel Ie|ondo' CA. February, 2002'July, 2003.
* Volunteer, Marine Mammal Center, Santa Barbara, CA. 2O03
* Research Scuba Diver, University of California, Santa Barbara, CA. 2002-2003
• Channel Island Fox Intern, The Nature Conservancy, Santa Cruz Island, CA. 2001
PROFESSIONAL TRAINING, CERTIFICATIONS AND PERMITS
* Federal 1O(a)(1)(A)California Tiger Salamander Recovery Permit TE5O51OA-1. valid 8/31/12-8/30/18.
» California Fish and Game Scientific Collecting Permit#SC-5Q81. valid 5/8/13to5/8/16.
w Qualified SWPPP Developer(QSD)and Qualified SWPPP Practitioner(QSP), Certificate#25392,
CAS(]A. valid 1/2S/2O15-1/29/2017
• Certified Professional in Erosion and Sediment Control, Envinoceh |nt'|' Inc. Deoamber2014
• Acoustic bat workshop, Western Section of The Wildlife Society, Mariposa, CA. May 2014.
* 50 Families in the Field: Intro to Keying, Friends of the Jepson Herbarium, UC Berkeley, April 2012
^ AEPCEC>A Advanced Workshop, Fresno, CA. March 2O12
• California tiger salamander pitfall trapping training for Jepson Prairie Preserve, UC Davis, 2011
w AEPCEQA Basics and Refresher Workshop, Fresno, CA. October 201O
« Identification to Morphology and Identification of Flowering Plants Workshop, Friends of the Jepson
Herbarium, UC Berkeley, April 2O10
* Rare Pond Species Survey Techniques Workshop, The Wildlife Project& Laguna de Rosa
Foundation, F{ohned Park, CA. March 2U1O
° California USFS Snowmobile Training and Safety Course, Shaver Lake, CA. 2008.
» Animal Care Tier One Training, University of California, Berke|ey. CA. 2807
• All Terrain Vehicle RiderCourse and Safety License, Catalina Island, CA. 2002�
* 1 00-Hour Scientific Diver Course, University of California, Santa Barbara, CA. 2002.
" Advanced Open Water Diver, PAO|. Cairns, Australia, September 2000
* Open Water Diver, PAD|. Koh Tao Island, Thailand, June 19&0
QUALIFICATIONS
Mr. Cline is a graduate of University nfOtago'sWildlife Management Pnn0rarn and University of
California, Santa Barbara's (UCSB) Environmental Studies program. His Master's thesis research
investigated endangered species reintroduction alternatives for the black stilt in New Zealand. The
APPENDIX A
findings from his research increased productivity and improved the reintroduction strategy for this
endangered wading bird. Undergraduate courses at UC8B provided a solid background in
environmental onienoea, including biology, marine and hanaotho/ eoo|ogy, scientific writing,
environmental poUcy, environmental ethics, g*u{nQy, wildlife research and study techniques, hmics in the
environment, human geography, moriou/tuna, water pollution, and soil biogeoohemimtry, among others.
His educational backbone has helped him gain experience in numerous wildlife and environmental
projects. He has worked with many listed apeuies, including vernal pool fairy shrimp, vernal pool tadpole
ohhmnp, valley elderberry longhorn beetle, California tiger salamander, California red-legged frog'
western pond turtle, blunt-nosed leopard lizard, San Joaquin vvhipsnohe, golden eagle, Svvaineon'y
hovvh, northern hanier, white-tailed kite, bald eeg|e, yellow-eyed ponguin. New Zealand black stilt, New
Zealand south island vobin, burrowing owl, loggerhead shrike, tricolored b|aokbind. Neison's antelope
squima\, giant kangaroo rat, short-nosed kangaroo nat. Santa Cruz |a/end fox' Santa Rosa Island Fox.
Son Miguel Island fox. Son Joaquin kit fox, Pacific fisher, and American bad0er, among others. He has
utilized a multitude of survey and study design techniques to research aquatic, terrestrial, and avian
species.
At Live Oak Associates, Mr. Cline manages the Truckee office, prepares environmental documents to
comply with the CEQA, NEPA, CESA, FESA, and CWA, evaluates habitats and mitigation measures for
special status epeoina, and prepares maps, |ettera, teb|en, and memo's for clients. His field experience
with the company includes rare plant, invedebnate, annphibian, napUie, bird, and mammal surveys.
Geoff's specific areas of expertise with Live Oak Associates, Inc. include the following:
° Preparation ofCEQAJNEP/\ Documents: Mr. Cline regularly manages projects from the initial
phone call with the client to the delivery stage and prepares proposals, conducts field work, and
completes reports and mitigation strategies for constraint analyses, biological evaluations for CE{JA
and E|Rn, biotic analyses and environmental assessments for NEPA. mitigated negative declarations,
and initial studies, among others.
° Special Status Species Surveys: Mr. Cline conducts and regularly leads field crews to conduct
special status species surveys for numerous nanu plants and special status animals following protocol-
level guidelines and by developing methods specific for each site. Speoifioa||y, he has completed and
is proficient in valley elderberry longhorn beetle surveys; vernal pool branchiopod wet-and dry-
season surveys (undera permitted biologist); California tiger salamander breeding (vernal pool
seining), non-breeding (pit-fall trapping), and nighttime(flashlight)surveys; California red-legged frog
seining (undare permitted biologist)and nighttime (flashlight)surveys; blunt-nosed leopard lizard
adult and juvenile season surveys (Level 1); nesting migratory bird and raptor surveys; burrowing owl
surveys; Svvoinsnn'o hawk surveys; SandhiU crane aunxayo; live trapping surveys for giant kangaroo
rat, short-nosed kangaroo rat, and many other small mammals; Nelson's (San Joaquin)antelope
squirrel daytime surveys; acoustic bat surveys; and spotlight surveys and motion activated camera
trapping for San Joaquin kit fox and American badger.
w Wildlife Management: /n addition to conducting the above special status species surveys, Mr. Cline
also conducts various wildlife management activities including small mammal burrow excavation and
exclusion fence design and installation in support of California tiger salamander CDFW Incidental
Take Permits and burrowing ovv/ passive relocation and habitat enhancement. He also regularly
advises clients on methods that can be used tominimize potential project delays from vvi|d|ife've|ated
conflicts.
° Delineations of Jurisdictional VVntmms and Riparian Habitats: Mr. Cline has assisted with
numerous wetland delineations and has also delineated riparian habitats fora number ofprojects.
* Monitoring: Mr. Cline has monitored construction activities and mitigation and restoration programs
for e number of projects involving numerous special status species (see above)ho ensure compliance
with the project and agencies.
PUBLICATIONS
C|ina, G.C. 2007. Dispersal and survival of kaki (Himmnb4/uu novaoze&andiae) na|eaood in the Tasman
River Valley, New Zealand. MSc Thesis, University of Otago, Dunedin, New Zealand.
APPENDIX A
REBEKAH A JENSEN, M.S.Project Oakhurst Office
EDUCATION
m M.S. Forestry/Conservation Biology, University of Kentucky, Lexington, KY. 2009.
• B.A. Biology/Zoological Scinnnee, University ofMontana, Mioaou|o, MT. 2004.
» B.A. English/Creative Nonfiction Writing, Western Washington Univeryity, BoUinghum, WA. 1998.
AREAS OF EXPERTISE
VVUd|i#a bio|ogy, road ecology, wild Iife/habitmtrelationships, Geographical Information Systems
PROFESSIONAL EXPERIENCE
* Live Oak Associates, Inc., Oakhurst, CA. Staff Ecologist and Project Manager, 2011 to Present,
w Sierra Nevada Adaptive Management Project, Pacific Fisher Team, Oakhurst, CA. Bin|o0ioe[
Tuohnicien, 2010to 2011
* University of Kentucky, Lexington, KY. Research Assistant, Black Bear Ecology, 2006 to 2008
• University ofKentucky, Lexington, KY. Teaching Assistant, Dendrology, 2007
m University ofKentucky, Lexington, KY. Teaching Assistant, Multiple Resource Silviculture, 2007
° University ofMontana, K4iasou|o, MT. Biological Technician, 2005to 2008
" BiomimioryGui|d. K8isoou|a, MT. Technical Writer, 2003to 2004
• Flathead Industries, Kalispell, MT. Employment Specialist, 1998-2003
* Bureau of Land Management, Sa|em, OR. Assistant Biological Technician (Volunteer), 1995
PROFESSIONAL TRAINING
w Remo Pond Species Survey Techniques Workshop, Laguna de Santa Rosa FoundnUon, Santo Roea,
CA, K4eroh23-24. 2013
* Fifty Families in the Field: Introduction to Keying, Jepson Harbarium, Berke|ey, CA, K4onch 24-25 and
March 31-April 1. 2012
w Advanced CEOAVVodknhop. Association of Environmental Prohooniona|o. March 12. 2012
• CEC)A: A Step by Step Approach, U.C. Davis Extension, September 3O. 2O11
QUALIFICATIONS
Since joining the LOA team in 2011, Ms. Jensen has developed a broad skill set, including preparation of
biological evaluations for CEC)A and NEPAnomop|ianne. long-term management plans for mitigation
|onda, biological oaeeaomonta in support nfEndangered Species Act Section 7 consultations, and
Section 2081 Incidental Take Permit applications. Ms. Jenson also has experience with conducting
prenmnatruotion surveys for special-status opecioa, monitoring project activities to ensure compliance
with environmental regulations and permits, training construction personnel in project-specific
environmental issues, and assisting with wetland delineations. Focused survey experience includes
valley elderberry longhorn beetle, California tiger salamander, Swainson's hawk, burrowing owl, San
Joaquin kit fox, nesting binde, roosting bota, and several rare plant species.
Ms. Jensen's previous work experience includes Pacific fisher capture, radio-tracking, and camera
surveys; black bear capture and radio-tracking; spotted owl nest surveys; and marbled murrelet and
common loon point counts. Her Master's thesis examined the effects of roads on black bears in eastern
Kentucky, and exposed patterns of effective habitat loss and impaired landscape connectivity via road
avoidance and road mortality. Ms. Jensen has five years of experience using ESR|AnnGiG for spatial
data analysis and mapping.
APPENDIX /\
M.S.Project San Jose Office
EDUCATION
w San Jose State University, One Washington Square, San Jose, CA051Q2
2008-2010. M.S. in Biu|oAioo| Sciences; Concentration in [)rganiamo| Biology, Conservation, and
Ecology. Graduation date: Oeuambor2010.
• University of Dubuque, 2O00 University Avo.. Dubuque, |A52O01
2001 —2005 B.S. in Environmental Science and Biology. Graduation date: May 2005; Cum Laude
AREAS OF EXPERTISE
Population eco|ogy, momnmo|ogy, predator ecology, partiou|or|ymaa000rnivoren. wildlife survey
techniques, statistical ecology, landscape ecology.
QUALIFICATIONS
Katrina Krakow is recognized as an American badger expert in central California, she is a wildlife
ecologist who whose training and research has focused on American badgers, using statistical analyses
and {3|S, small mannrna|o, ma,nivonon, padiou|ar|ymne0000rnivoreu. birda, and threatened and
endangered (T&E)wildlife species. Her areas uf expertise include the following:
Her areas uf expertise include the following:
• Special Status Species Surveys. Katrina has conducted surveys for Coast horned lizard, blunt-
nosed leopard lizard, San Joaquin oouohwhip. burrowing owl, least Be||'svireo, tricolored blackbird,
San Joaquin antelope squirrel, giant kangaroo rat, San Francisco dusky-footed woodrat, San Joaquin
kit fox (including spotlighting surveys), and American badger. In addition, she has monitored for
California tiger salamander, California red-legged frog, and western pond turtle. She has achieved
blunt-nosed leopard lizard Level 11 Protocol Surveyor status. She has also handled greater sage
grouse and pygmy rabbits (special status species in Oregon) and monitored them with telemetry in
Oregon.
° Eco|og|oa|/Lmndmoape'!avm| Sun/eym. Katrina conducted pre-construction surveys and monitoring
for nesting migratory birds, nesting raptors, bats, and burrowing owls, as well as several ground and
tree nesting bird surveys. For the Panoche Valley Solar Farm, she conducted landscape-level surveys
including distance sampling and a multi-species occupancy study. She conducted a bioinventory of
6,000 acres of Wyoming big sagebrush at Hart Mountain National Antelope Refuge in Plush, OR,
where she conducted small mammal trapping, small mammal voucher specimen preparation,
carnivore scat collection and one|ysis, bind point counts, and a vegetative analysis; she also
conducted research on badger use of multiple sagebrush habitats as well as monitored greater sage
grouao, pygmy rabbits, pronghorn fawns, and bighorn sheep via telemetry.
" G|S and Statistical K8mdu|s. Katrina has earned the (3)G Certificate from San Jose State University.
She has used GIS extensively with her own undergraduate and graduate research and on many
projects with Live Oak Associates, Inc. She created a statistical model using logistic regression to
accurately predict reproductive den habitat for American badgers in central California grasslands, and
used G IS to model suitable habitat based on empirical data for T&E species for the PononhnVo||oy
Solar Farm.
v Other Wildlife Experience. Katrina is experienced in identifying carnivore scat, and has conducted
surveys for several burrowing mannrna|u in the grasslands of central California and the sagebrush
shrub-steppe of Oregon and Utah, and can identify burrows of the American badger, foxes, including
the San Joaquin kit fox, coyotes, pygmy rabbits, California ground squirrels, and kangaroo rats. She
has assisted in several studies of non-special status species. She has assisted in bat trapping studies
in California with Dave Johnston, e newt road mortality study(ncentral California, a herpetological
inventory in Iowa including aquatic turtle trapping, identification, and handling, frog point counts, and
general observation and identification of amphibians and reptiles, bind trapping by mist netting and
bird banding in Iowa, and a small mammal assessment of Swiss Valley Nature Preserve, Dubuque,
APPENDIX
PROFESSIONAL EXPERIENCE
• Live Oak Associates, )no.. San Jose, CA. Project Manager/Staff Ecologist, April 201O— Present
w Live Oak Associates, (nc.. San Jose, CA Field Technician, May 2O0Q—April 2O10
* San Jose State Uniwareih/, Department ofBiological 8oianooe. Teaching Associate Auguat2OOS—
K4ay2O1O
m Illinois Natural History Survey, FrankC. Bel|rnneVVaterhow| Research Cenb»r, Forbes Biological
Station, Wildlife Technician January—May 2O07. and January—May 2008
w Key Agricultural Services, Inc., Macomb, IL Adecco Employment Services, Macomb, IL, Laboratory
Technician, October—December 2OU7
• Utah State University, Logan, UT, Pygmy Rabbit Technician, June—August 2UO7
° Illinois Natural History Survey, Champaign, |L. Wildlife Technician, June—September 2O07
° Key Agricultural Services, Inc., 114 Shady Lane. Macomb, |L Adeccn Employment Servioos,
Macomb, IL, G|STechnioian October—December 2O0S
= USFVVS, Hart Mountain National Antelope Refugu, P|ueh, OR, Volunteer Researcher(/ntnrnohip)
June—September 20O5
w National Wildlife Health Contar, K8adison, VV|, Volunteer, Auguet20O5
m USFVV8. Hart Mountain National Antelope Refuge, P|uuh, OR, Volunteer Researcher(|nternahip).
June—August 2OU4
m The High Desert Museum, Volunteer(internnhip). Bend, OR, June—August 2003
° University of Dubuque, Dubuque, |A. Zoology Laboratory Assistant January—May 2003
PROFESSIONAL TRAINING
w Attendance at the San Francisco Bay Area Amphibian Workshop, Laguna Foundation, Santa Rosa,
CA2014
• Attendance at the Managing Habitats for the California Red-legged Frog Workshop, Elkhorn Slough
Coastal Training Prugnamn, Watsonville, CA2U14
m Attendance at Leases that Work for the Land, Landowners, Lessees, and Livestock. Central Coast
Rangeland Coalition Spring 2014 Membership Meeting and Workshop, Elkhorn Slough Foundation,
Half Moon Bay, CA2O14
* Attendance at Central Coast Wildlife Symposium, The Wildlife Society, San Luis Obispo, CA 2014
^ Attendance at Santa Clara Valley Habitat Conservation Plan Training, Habitat Agency, Morgan Hill,
CA2014
* Attendance at Naturalist Wetlands Plants Intro course, US ANR Hop|and Research & Extension
Center, Hop|and. CA2O13
• Attendance at Blunt-nosed Leopard Lizard Workshop, The Wildlife Society, Bakersfield, CA 2013
» Attendance at Natural Communities Conference, Bakersfield, CA2O13
~ Attendance atAEPCEC}A Workshop, Oakland, CA2O12
~ Attendance at SnnoU Mammals VYorkyhop, The Wildlife Society' Bakersfield, CA2012
w Attendance at the Impact of The Endangered Species Act on Development Projects live audio
conference, Lonnan. 2012
° Attendance at the San Joaquin Kit Fox Workshop, The Wildlife Society, Bakersfield, CA, 2012
° Attendance at the Swainson's Hawk Workshop, The Wildlife Society, Sacramento, CA, 2012
° Attendance at Modeling Patterns and Dynamics of Species Occurrence Workshop, Fort Collins, CO,
2010
w Bureau of Land Management Pygmy Rabbit Trapping Training. Southeastern Oregon. June 2005.hy7
m Attendance only at Mississippi River Research Consortium Meeting, LaCrosse, WI. SprinQ2005.
° ATV Certification through USFVV8. Summer 2OO4.
PUBLICATIONS
Huck, K.L. 2010. Reproductive Den Habitat Characterization of American Badgers (Taxidee bexuu) in
Central California. M. G. Thoaio, San Jose State University.
APPENDIX
THOMAS P. HANEY, M.A.
Director ayCartwgraphy/GIS, San Jose Offiuc
EDUCATION
w M.A. Geographic Techniques, Western Michigan University, Kalamazoo, M|. 1987
° photognammethc Mapping Technology and Surveying, Ferris State College, Big Rapido, K4|. 1984
w B.S. Geographic Techniques and Earth Sciences, Western Michigan Univensity, Ko}annazno, M|.
1983
EXPERTISE
Geographic Information Systems (GIG). Phutugnammetrio mapping, Stereo compilation, large and
small format aerial photographic interpretation, Surveying. Control SurveyinQ, Survey Ca|culotions,
F<annote Sensing, Digital image pnoceVsing. Field data acquisition including {3PS data ooUeotion,
manipulation, and presentation, Photo-mechanical map production and reproduction, Traditional map
production, /eynuL and design. Additional areas of study: Astronomy, Environmental Geo|ngy,
Geomorphology, Hydrogeology, Meteorology and Mineralogy, and Geography.
PROFESSIONAL EXPERIENCE
p Live Oak Associates, Inc. Cartographer. 20O0toPresent.
w TERRAbytem Digital Mapping, Owner/Principal. 1A9GtoPresent.
w HT. Harvey&Associates, Cartographer. 1090to2000.
• Barclay Mapvvorko. Inc. Director ofCartography. 1892bo1996.
• U.S. Geological Survey, Branch nf Alaskan Geology. Scientific Illustrator. 1991 to 1982.
• Brian Kangas Foulk Consulting Engineers, Traffic Engineering Technician. 1988to1991.
v VVeshann Michigan Univeraity, Cartographic Services 1985-1987
MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS
• American Congress on Surveying and Mapping
° American Society ofPhotoQnamnnetryand Remote Sensing
w Association Vf American Geographers
* Gamma Theta Upsilon Honor Society
QUALIFICATIONS
Mr. Honey's nearly 20 years of experience in the field of cartography is built on a strong foundation
of traditional mapping techniques. His record of designing accurate maps and graphics that convey
exactly what needs to be shown has been developed through a diverse educational background and
broad experience ingeology, earth science, and environmental studies. This background allows him
to tailor the best map product for any particular application using G|S. CAD. GPS. and Desktop
pub|iohing, or manual mapping tools depending on what the most appropriate choice. Mr. Haney'n
intimate knowledge of information sources and his connections in the mapping community give the
added advantage of knowing available resources that bring great efficiency to project planning and
map compilation. He prepares all maps and figures for reports and assists in impact assessments
by using the appropriate mapping techniques required for the task at hand. Often, the opp|ioenye
APPENDIX A
CAD files are overlaid with habitat and sensitive species information to quantify the effects of
proposed development.
Other times Aru|nho and ArcView one used to build correct topology, and then exported into desktop
publishing programs to produce clear and accurate final map products.
Independently he has planned, designed and built a parcel-based GIS for use by San Mateo County
rea|tora. title companiea, engineering finmm. numerous City Departments of Public Works and
P(anning. Engineering nomnpaniea, and management districts. His knowledge ofG}S put Barclay
K4opo as the lead in producing a poroe|'bonad G|S of Santa Clara County that is now implemented
county-wide in the planning, aurvnying, aosassom, and recorder's offices. Tom also has produced
large-scale marsh habitat mapping for the Son Jose Water Pollution Control Plant, maps for the
Geologic Atlas of Alaska, Bicycle transportation mopo, road nnaps, numerous publications, and The
Climate Atlas of Michigan. Much of his work is utU| praised by renowned scientists.
APPENDIX B
Subconsultants to be used.
Live Oak Associates, Inc. does not intend to use any auboonsukonts.
APPENDIX C
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1.Local Agency: County of Fresno 2.Contract DBE Goal: 5%
3.Project Description: N/A
4.Project Location. Fresno County
5,Consultant's Name: Live Oak Associates, Inc. 6, Prime Certified DBE: 0 7.Total Contract Award Amount: N/A
8.Total Dollar Amount for ALL Subconsultants: N/A 9.Total Number of ALL Subconsultants: 0
10.Description of Work,Service,or Materials 11. DBE 13,DBE
Supplied Certification 12.DBE Contact Information Dollar
Number Amount
Live Oak will not be using N/A N/A 0
subconsultants.
$0
14.TOTAL CLAIMED DBE PARTICIPATION
0%
gg
IMPORTANT:Identify all DBE firms being claimed for credit,
regardless of tier.Written confirmation of each listed DBE is
nmn&nom required.
W
-0 R1 T5.Preparier's Srgnature 16. Date
U-
366
17.Preparer's Name 18.Phone
do' af bc,,Iqi('.4#l5olvi�
19.Preparer's Title
a
DISTRIBUTION: 1.Original—Local Agency
2.Copy—Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654-
3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
Page I of 2
July 23,2015
APPENDIX
IT"11
C
I N V E 0
,_ . It �K"I" . '. '
RATESSO
IM P V,
HOURLY MISCELLANEOUS FEES
FRESNO COUNTY ON CALL ENVIRONMENTAL SERVICES 2015
Hourly Rates*
David l art sv ld , Principal and Senior Botanist/Wetland Scientist...... .. ___$28022
Rick Hopkins,ins, Principal and Senior Conservation B1ol lst/ c l gist.................... _$280.
Austin Pearson,, Director fEcol ical Set-vices Central Valley/Sierra...........,......__ 1 ( ,1
f:a inna . hlson, Director of Ecological Services Central &Northern CA,,,,,,,,,,,,,__ 1 ,
Mark J rr sings, Senior Associate Elcolo ist and �r t�� ist....................................: � .
Raymond White, Senior Associate cologist and Entomologist................................... .2
Jeff Gurule, Senior Project Manager/Staff Ecologist.,...... . __$ 1 ,8
Wendy Fisher, Senior Pr€eject M uia cr/Plat Ecologist ,.,.,....,.,r..................................$109.27
Pamela Peterson, nior Project Manager/Plant& Wetland Ecologist,,.............. ......_$1 5,0
Neal Kramer, Senior Associate Botanist.,...,...,................. ...___ 1 0.7
Geoff Cline, Senior Project Manager/Senior Ec olcr ist'1'nickey:...................................$122,34
Katrina Krakow, Project Manager/Staff Ecologist..............................................q........... ,19
Nathan,Hale, Project Manager/Staff Ecologist.......,,,....,...,.......................................... _$98,
66
Tom flan ,Director of a t a h / l ...,..,,..,..... ........._1183Y7
Rebekah Jensen, Project Manager/Staff Ec logist...................................................... _$9 .7
Sarah Piramoon, Field Ecologist ................................................................._.,,,.......,., 7 3. 0
FieldAssistant 1 .............................................................................................................. 7 .10
57 Field Assistant 11..,.........,..........................................u,,....,,......,,.,.....,.......,......,,.....,....__$6l.
SupportStaff.................................................................................................................... 1,
Expert testimony is twigs the hourly rate.
Miscellaneous Fees
`1ravl...................................................................................................................... 0.57 /rails
Per Diann (lodging and ....................a..,,.,,....,..,,..,.......,.,..,...,..,.....,,..Cost
Service free on Direct t Expenses _..... .......... 10%
Service Fee on -contractors..........................................................................................20%>
GPS use daily fee_...... ....... ....... / ay
Database one-tire $100,00
Aerial Map Pre aration Fe 100,00
pn ase„ �'�'-rR)"A'a Del c,ra° suBte 2.20 t '.can k,se,CA r.11 . Phs.nk� .(408)24--8 a?.0 ( 08)224 141 n
APPENDIX E
Local Assistance Procedures Manual EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of
DLA-OB 13-0 7-Safe Harbor Indirect Cost Rate for Consultant Contracts found at
http://www dot.cagov1%q1Eoca1Programs1DLA-OBIDLA-OB.htm in lieu of this form.)
Certification of Final Indirect Costs:
Consultant Firm Name: -L-tv c Q-a K A 5---k 66+1 e s VXC_
Indirect Cost Rate: 1 4 '1'& for fiscal period i/i Its-12/25ijis (nim/dd/yyyy to mni/dd/yyyy)
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: Fre-svA6 CO�Vifiv
Contract Number: T> be de-to-rmlne-J Project Number: On-call eV11J'%Vp1'1mevi+a( c6ASUVIVI
5evv'%ces
1,the undersigned,certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief.-
1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations(FAR)of Title 48,
Code of Federal Regulations (CFR),Part 31.
2. This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR,Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management Syste=
1,the undersigned,certify to the best of my knowledge and belief that our Financial Management System meets
the standards for financial reporting,accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
1,the undersigned,certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a
California local agency to this firm within the last three(3)calendar years for all State DOT and Local Agencies
is$15511731. and the number of states in which the firm does business is
Certification of Direct Costs:
1,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s)in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR,Part 31. Allowable direct costs to a Government contract shall be:
Page I of 2
LPP 15-01 January 14,2015
APPENDIX E
Local Assistance Procedures Manual EXHIBIT 10-K
Consultant Certification of Contract Costs and Financial Management System
1. Compliant with Generally Accepted Accounting Principles (GAAP)and standards promulgated
by the Cost Accounting Standards Board(when applicable).
2. Compliant with the terms of the contract and is incurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter 1,Part 172—Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be
retained in the project files.
Subconsultants(if applicable)
Proposed Contract Amount(or amount not to exceed if on-call contract):
Prime Consultants(if applicable)
Proposed Total Contract Amount(or amount not to exceed if on-call contract): $
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
Consultant Certifying(Print Name and Title):
Name: "D a v;J J , 0-acTe_:sv e
Title:-Res-idev\ f) Live QakAssec_ia+eS)1nC.
Consultant Certification Signature CZL-.
U
Date of Certification(mm/dd/yyyy): 121o'?12.61s-
Consultant Contact Information:
Email: -8 k&c-te-sve IJ iP I o,ai n k.com
Phone number: (551) (,4Z-4886
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer,or equivalent,who has authority to represent the financial information
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S.C. 112(b)(2)(B),Subconsultants must comply with the FAR Cost Principles contained in 48 CFR,Part 31.
23 CFR Part 172.3 Definitions state:Consultant means the individual or firm providing engineering and design related services as aparty
to the contract. Therefore,subconsultants as parties of a contract must complete a certification and send originals to A&I and keep copies
in Local Agency Project Files.
Distribution: 1)Original to Caltians Audits and Investigations
2)Retained in Local Agency Project Files
Page 2 of 2
LPP 15-01 January 14,2015
Local Assistance Procedures Manual APPENDIX F Exhibit 10-S
Consultant Performance Evaluation
Exhibit 10-S Consultant Performance Evaluation
1.PROJECT DATA 2.CONSULTANT DATA
Ia. Project(include title,location,and Activity/CIP No.) 2a. Consultant Name and Address
ib. Brief Description of Project(design,study,etc.) 2b. Consultant's Manager
Ic. Budget Cost for Project: 2c, Phone:
3.AGENCY DEPARTMENT/SECTION RESPONSIBLE
3a. Department(include section and division) I 3b. Agency Project Manager(name&phone)
4.CONTRACT DATA(Engineering Services)
4a. Contract No.: Termination date: Base Fee:
Agreement date: Date terminated: Contingency:
4b. Amendment $ # $_ #
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency)
4c. Change Order$ # $_
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency)
4d. Total Fee per Agreement(4a.+4b.+4c.) $ Total Fee Paid$
(Do not include Contingency Listed in 4a.)
4e. Type of 4f. Historical Record of Ivey Submittal Dates I enter date or if not applicable)
Services Preliminary 30% 70% 90% 100% Final
(Design,study, Per A02ment
etc.)
Delivery Date
Acce Lance Date
Reasons for Change Orders:(Indicate total for each reason)
4g.Notice To Proceed (date) Errors/Omissions$ %of Base Fee 0.00%
Unforeseen Conditions$ %of Base Fee 0.00%
4h.Number of Days (number) Chan ed Scoe$ %of Base Fee 0,00%
Changed 22antities$ %of Base Fee 0,00%
4i.Actual Number of Da -(number) Program Task Options I%of Base Fee 000%
5.OVERALL RATING(Complete Section H on reverse,include comments as appro riate.)
Outstanding
eoa
AeAverage BeloPoor N/A
Re AveraRe
5a. Plans/Specifications accuracy
5b. Consistency with bud et .
5c. lResponsiveness to AEency Staff 1
5d. Overall Rating
6.AUTHORIZING SIGNATURES
6a.Agency Design Team Leader Date:
6b.Agency Project Manager Date:
6c.Agency Public Works Mang er Date:
6d. Consultant Representativ Date:
See Reverse Side
Page I of 2
DPP 13-01 May 8,2013
Local Assistance Procedures Manual APPENDIX F Exhibit10-S
Consultant Performance Evaluation
PLANS/SPECIFICATIONS Outstanding Above Avg. Below Poor N/A Responsiveness Outstanding Above Avg. Below Poor N/A
ACCURACY Avg. Avg. To Staff Avg. Avg.
Plans Specifications Timely Responses
clear and concise
Plans/Specs Attitude toward Client and
Coordination review bodies
Plans/Specs Follows directions and
properly formatted Chain of responsibility
Code Requirements Work product delivered
covered on time
Adhered to Agency Timeliness in notifying
Standard Drawings/Specs Agency of major problems
Drawings reflect Resolution of field
existing conditions Problems
As-Built Drawings Consistency with
-I budget
Quality Design Reasonable Agreement
negotiation
Change Orders due to design Adherence to fee schedule
deficiencies are minimized
Adherence to project
Budget
Section III EXPLANATIONS AND SUPPLEMENTAL INFORMATION
(Attach additional documentation as needed)
Item
!Item
Item
Item
Item
Item
*Indicates supporting documentation attached.
Page 2 of 2
LPP 13-01 May g,2013
APPENDIX G
Local Assistance Procedures Manual EXIHBff 12-E
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29
The bidder,under penalty of perjury,certifies that, except as noted below,he/she or any other
person associated therewith in the capacity of owner,partner, director,officer,and manager:
• Is not currently under suspension,debarment,voluntary exclusion,or determination of
ineligibility by any federal agency;
• Has not been suspended, debarred,voluntarily excluded or determined ineligible by any
federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted,convicted,or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the
past 3 years.
If there are any exceptions to this certification,insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award,but will be considered in determining
bidder responsibility. For any exception noted above,indicate below to whom it applies,
initiating agency,and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative
sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
APPENDIX H
File #15123
«✓✓ February 23, 1999
Resolution #99-086
1 BEFORE THE BOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESNO
3 STATE OF CALIFORNIA
r
In the matter of
5 Adoption of Standard Conflict of Interest Resolution #99-086
8 Code for All County Departments.
7
8 Whereas, the Political Reform Act, Government Code section MOO et seq.,
9 requires state and local government agencies to adopt and promulgate conflict of Interest
"l o codes;and
11 Whereas, the Fair Political Practices Commission has,adopted a regulation, 2
12 California Code of Regulations section 18730, which contains the terms of a standard
,13 conflict of Interest code, and which may be amended by the Fair Political Practices
14 Commission after public notices and hearings to conform to amendments to the Political
18 Reform Act; and
B Whereas,any local agency may incorporate this standard conflict of interest code,
and thereafter need not amend the text of Its code to conform to fixture amendments to the
t7
18 Political Reform Act or Its regulations; and
19 Whereas, the Board of Supervisors is the code reviewing body for all County
departments except courts; and
20
Whereas, the Board of Supervisors may adopt the standard conflict of interest
21 code on behalf of all County departments.
22 Now therefore be it resolved,that the terms of 2 California Code of Regulations
23 section 18730, and any amendments to it duly adopted by the Pair Political Practices
24 Commission, are hereby incorporated by reference and, along with the Exhibits A and B
25 approved previously,today, or in the future, by this Board for each County department,In
26 which ofticers and employees are designated and disclosure categories are set forth,
27
28
APPENDIX H
070
constitute the conflict of interest codes of each County department except courts.
2 Conflict of Interest forms shall be filed as follows:
3 t. As required by Government Code Section 87500, subdivision (e), the
4 County Administrative Officer, District Attorney, County Counsel, and Auditor-
5 Controller/Treasurer-Tax Collector shall file one original of their statements with the County
6 Clerk, who shall make and retain copies and forward the originals to the Pair Political
7 Practices Commission,which shall be the filing officer, The County Administrative Offlcer,
8 District Attorney, County Counsel, and Auditor-Controller/Treasurer-Tax Collector shall also
9 file one copy of their statements with the Clerk to the Board of Supervisors.
10 2. As required by Government Code section 87800, subdivision 0),all other
11 department heads shall file one original oftheir statements with their departments. The filing
12 officer of each department shall make and retain a copy of the department head's statement
.18 and shall forward the original to the Clerk to the Board of Supervisors.
14 3. All other designated employees shall file one original of their statements with
15 their departments.
16 All statements shall be public. records and shall be made available for public
17 inspection and reproduction. (Gov.Code, §81008.)
Adopted at a regular meeting of the Board of Supervisors, held on the 23rd day
18
of Xgruaxw . , 19L99 ,by the following vote,to wit~
19
20
Ayes. supervisors Koligian, case, Arambul.a, olmn, Levy
21 Noes; None
22 Absent: None
23 _7 ry t+
Ci.0 A1Y, BOARD'- UC7— LbS
24 ATTEST:S.FJA I GRE10MOOD, CLERK
25 Rom of supERvIsoRs
`fit)` 1 ,r- �,
27 gY (r�J epu �
28 F3.3-e # 5123 Agenda #28 #99-086
2
APPENDIX H
EXHIBIT "A"
PUBLIC WORKS AND_PLANNING
Classification
Accountant I / 11 2
Architect 1
Assistant Real Property Agent I
Associate Real Property Agent I
Building Inspector I / 11 1
Building Plans Engineer I
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 / 11 / 111 1
Field Survey Supervisor 3
Housing Rehabilitation Specialist I / 11 1
Information Technology Analyst I / 11 / III IV 2
Planner I / 11 / 111 1
Principal Accountant I
Principal Engineer 1
Principal Planner 1
Principal Staff Analyst 1
Public Works and Planning Business Manager 1
Public Works Division Engineer 1
Resources Manager 1
Road Maintenance Supervisor 2, 3
Road Superintendent 1
Senior Accountant 2
Senior Economic Development Analyst 1
Senior Engineer 1
Senior Engineering Technician 2
Senior Geologist 1
Senior Information Technology Analyst 2
Senior Planner 1
gen --4
SenieF Real P,-,.,-,,y "ZI
APPENDIX H
Classification
Senior Staff Analyst
Senior Systems and Procedures Analyst 2
Staff Analyst I / 11 / 111 1
Supervising Accountant 2, 3
Supervising Building Inspector I
Supervising Engineer 1
Supervising Water/Wastewater Specialist 2, 3
Systems and Procedures Analyst I / 11 / 111 2
Systems and Procedures Manager 2
Traffic Maintenanc& Supervisor 2
Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation: The Director of Public Works and Planning may determine in writing that
a particular consultant, although a "designated position", is hired to perform a range
of duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written determination shall include a
description of the consultant's duties and, based upon that description, a statement
of the extent of disclosure requirements. The Director of Public Works and
Planning's determination is a public record and shall be retained for public inspection
in the same manner and location as this conflict of interest code.
APPENDIX H
EXHIBIT 11811
PUBLIC WORKS AND PLANNING
i Persons in this category must disclose all Investments, interests In real property and
income, and business positions. Financial interests are reportable only W located within
or subject to the jurisdiction of Fresno, County; or �lf the business, entity- ia-doing
business or planning to do business In the jurisdiction, or has done business within the,
jUrIsdictl6h at anj-tlhib dCAng the two VEVsrbpd6rt6"th6 flllhg of the statement. Rddl
property shall be deemed to be within the "jurisdiction" of the County If it is located
within or not more than two miles outside the boundaries of the County(including Its
Incorporated cities), or within two miles of any land owned or used by the County.
2. Persons In this category shall disclose all investments in, income from, and business
positions with any business entity which,within the last two years,has contracted or In
the future may forseeably contract with Fresno County through Its Public Works and
Planning Department,.Solid Waste Commissions within the jurisdiction,or to any other
joint powers agency which Fresno County Is a member to provide services, supplies,
materials, machinery, or equipment to the County.
3. Persons in the category shall disclose all interests In real property within the
jurisdiction. Real Property shall be deemed to be within the jurisdiction if the property
or any part of It Is located within or not more than two miles outside the boundaries of
Fresno County (including Its incorporated cities)or within two mile of any land owned
or operated by the County.
APPENDIX I
EXHIBIT 1 O-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract 13 a. bid/offer/application a. initial
b. grant b, initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year_ quarter__
f loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier if known
Congressional District,if known Congressional District,if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable
8. Federal Action Number,if known: 9. Award Amount,if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (including
(If individual,last name,first name,MI) address if different from No. I Oa)
(last name,first name,MI)
(attach Continuation Sheet(s)if necessary)
12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
actual planned a. retainer
b. one-time fee
13. Form of Payment(check all that apply): c. commission
a. cash d, contingent fee
b. in-kind;specify:nature e deferred
Value f. other,specify_
15. Brief Description of Services Performed or to be performed and Date(s)of Service,including
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11:
(attach Continuation Sheet(s)if necessary)
16. Continuation Sheet(s)attached: Yes El No El
17.Information requested through this form is authorized by Title
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature:
was placed by the der above when his transaction was made or ___
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name:
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form-LLL
Standard Form LLL Rev.04-28-06
Distribution: Orig-Local Agency Project Files
APPENDIX I
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name,address,city,state,and zip code of the reporting entity, Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts,subgrants,and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of
the prime federal recipient. Include Congressional District,if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
S. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g.,Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,
First Name and Middle Initial(MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity
(Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is
a material change report,enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind
payment.
14. Check all boxes that apply. If other,specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that
were contacted.
16. Check whether or not a continuation sheet(s)is attached.
17. The certifying official shall sign and date the form,and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503.SF-
LLL-Instructions Rev.06-04
APPENDIX J
SELF-DEALING TRANSACTION DISCLOSURE FORM
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code 5233 (a)
(5) Authorized Signature
Signature: Date:
APPENDIX J
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as
"County"), members of a contractor's board of directors (hereinafter referred to as "County
Contractor"), must disclose any self-dealing transactions that they are a party to while
providing goods, performing services, or both for the County. A self-dealing transaction is
defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing the disclosure form.
(1) Enter board member's name, job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed
to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Codes.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).