HomeMy WebLinkAboutAgreement A-16-160 with Provost Pritchard Consulting Group.pdf 16-0035 Agreement No. 16-160
SURVEYING CONSULTANT SERVICES AGREEMENT
1 THIS AGREEMENT is made and entered into this 12th day of April , 2016,
2 between the County of Fresno, a political subdivision of the State of California, (hereinafter
3 called "COUNTY"), and Provost & Pritchard Engineering Group Inc., dba Provost &
4 Pritchard Consulting Group, a California corporation, located at 286 W. Cromwell Avenue,
5 Fresno, CA 93711 (hereinafter called "CONSULTANT").
6 WITNESSETH :
7 WHEREAS, the COUNTY desires to retain a CONSULTANT Surveyor to assist the
g COUNTY Capital Projects Division Manager or his/her designated Project Manager in
9 completing various projects and advanced planning for future projects in the COUNTY's
10 Capital Improvement Programs and other COUNTY projects; and
11 WHEREAS, consistent with COUNTY Ordinance Code Chapter 4.10 and the Board of
12 Supervisors' adopted policy governing the selection of architects, engineers, and other
13 professionals, a selection committee selected said CONSULTANT to provide the COUNTY
14 with Surveying services for said projects; and
15 WHEREAS, the COUNTY Capital Projects Division Manager or his/her designated
16 Project Manager shall administer this Agreement; and
17 WHEREAS, the professional Surveying services of the CONSULTANT may be utilized
18 by the Department of Public Works and Planning and other COUNTY Departments; and
19 WHEREAS, staffing levels of COUNTY personnel may not be sufficient to perform
20 Surveying services for all projects, and
21 WHEREAS, said CONSULTANT represents that it is qualified and willing to perform
22 Surveying services.
23 NOW, THEREFORE, the parties hereto have and by these presents do agree as follows:
24 I. CONTRACTING OF CONSULTANT: BASIC PARAMETERS
25 A. The COUNTY hereby contracts with the CONSULTANT as an independent
26 contractor to provide Surveying services as described in Article II and enumerated in Article III
27 herein.
28 B. The CONSULTANT's services shall be performed as expeditiously as is consistent
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1 with professional skill and the orderly progress of the work,based on project schedules prepared
2 by the COUNTY Capital Projects Division Manager or his/her designated Project Manager.
3 C. The CONSULTANT shall notify the COUNTY of the names and classifications of
4 employees assigned to a project, and shall not change such assignments without prior
5 notification to and approval by COUNTY.
6 D. If requested by the COUNTY, the CONSULTANT shall retain qualified
7 subconsultant(s) to assist in completing the work. All subconsultants used by the
8 CONSULTANT shall be approved by the COUNTY before they are retained by the
9 CONSULTANT, which approval shall not be unreasonably withheld. Should CONSULTANT
10 retain subconsultants, the maximum Total Fee compensation that may be paid to
11 CONSULTANT hereunder, as specified in Article V below, shall not be increased.
12 E. The CONSULTANT shall not submit bids, or sub-bids, for the contract construction
13 phase of any project for which CONSULTANT provides services hereunder. The
14 CONSULTANT, and all other service providers, shall not provide any project related services
15 for, or receive any project related compensation from any construction contractor, subcontractor
16 or service provider awarded a construction contract for all or any portion of any project for
17 which CONSULTANT provides services hereunder. The CONSULTANT, and all other service
18 providers, may provide services for, and receive compensation from a construction contractor,
19 subcontractor or service provider who has been awarded a construction contract for all or any
20 portion of such a project, provided that such services are provided for, and compensation
21 received for, work outside the scope of this Agreement.
22 F. The contact person(s) for the CONSULTANT shall be:
23 Name: Matthew Kemp, PE Position: Vice President
24 Telephone: (559) 449-2700 Fax: (559) 449-2715
25 E-Mail: mkempa,ppeng corn Web: www.ppeng.com
26 II. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT:
27 A. The work covered by this Agreement is for all or a portion of the services
28 enumerated under Article III for various projects on an as needed basis. The CONSULTANT
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 agrees to provide the professional services that are necessary for each project when expressly
2 authorized in writing by the Capital Projects Division Manager or his/her designated Project
3 Manager. Such work by CONSULTANT shall not begin until CONSULTANT has received a
4 written Notice to Proceed from COUNTY authorizing the necessary project services, the agreed
5 upon not-to-exceed fee for the project in accordance with the approved hourly fee schedule
6 (Exhibit A, attached) and scope of work. All submittals of documents associated with the
7 project by the CONSULTANT will be made in both hard copy and electronic format.
g III. CONSULTANT'S SERVICES:
9 A. Phase 1, Surveying:
10 The CONSULTANT shall, for each project:
11 1. Take direction from Capital Projects Division Manager or his/her designated
12 representative concerning the project's parameters. COUNTY shall provide CONSULTANT
13 with instructions, or may rely on CONSULTANT's professional judgment and experience to
14 define accuracy standards, datum criteria, land boundary and topographic surveying and
15 mapping requirements. Tasks assigned to the CONSULTANT may include, but are not limited
16 to:
17 a. Land records research for boundary determination of existing and proposed
18 COUNTY properties and rights-of-ways.
19 b. Existing monument recovery including public land survey system
20 monuments (section corners, etc.), property corners, rights-of-ways monuments, and
21 benchmarks.
22 c. Retracement surveys.
23 d. Re-establishment of lost or obliterated corners.
24 e. Setting-out and establishing coordinates for horizontal and vertical project
25 control points.
26 £ Planimetric (topographic) site surveys for design purposes including digital
27 terrain modeling (DTM) for contour interpolation, profile, cross-section, and earthwork volume
28 calculations.
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 g. Borrow site surveys for earthwork calculations.
2 h. Design plans interpretation to extract staking information.
3 i. Field staking (limits, intervals, and offsets of stakes shall be determined for
4 each project).
5 j. Land records filings that may include but are not limited to Corner Records
6 and Record-of-Survey.
7 k. Identify and plot location of water, sewer and gas mains, central steam and
8 other utilities including,but not limited to,buried tanks and septic fields.
9 1. Prepare site plans and grading plans identifying location of benchmarks
10 and providing a basis of bearing and source of elevation(vertical) datum.
11 2. Conform with accessibility requirements under the California Building Code and
12 the Americans with Disabilities Act (ADA). Specific tasks may include evaluation of existing
13 facilities; preparation of ADA transition plans; design for the remodel of and/or addition to
14 existing facilities; or the design of new facilities.
15 3. Consult, communicate, and meet with COUNTY, throughout the duration of the
16 project and as often as necessary, in order to verify, refine, and complete the project
17 requirements and review the progress of the project(s). CONSULTANT shall prepare complete
18 minutes of meetings attended, including any direction provided to CONSULTANT by the
19 COUNTY and shall provide a copy of all such minutes to the COUNTY at least four (4) days in
20 advance of the next progress meeting.
21 4. Review and evaluate COUNTY provided plans and surveying data to document
22 existing conditions.
23 5. Contact the COUNTY Representative to schedule site access and make
24 necessary arrangements.
25 6. Provide a daily diary of surveying services provided, including invoices of
26 employee and survey crew hours worked.
27 7. Submit survey data in specific digital formats as follows:
28 a. Each coordinate point file shall be an ASCII file with the "point number,
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SURVEYING CONSULTANT SERVICES AGREEMENT
1 northing, easting, elevation, descriptor" comma delimited format.
2 b. Planimetric (topo) and/or contour maps and plans shall be in a digital file
3 format capable of being imported into a current AutoCAD (e.g., .DWG, .DXF, etc.) or a BIM
4 model (Civil 3D). Plans shall also be submitted on 24" by 36" sheets or other size approved by
5 COUNTY.
6 c. Digital terrain models (DTM) shall be a "triangular irregular network" (TIN)
7 represented as "3-D faces" or "3-D lines". Associated "breaklines" or "faultlines" shall be 3-D
8 polylines. All 2-D and 3-D entities shall be contained in a digital file capable of being imported
9 into AutoCAD.
10 8. Submit a traverse closure report with a minimum closure of 1 in 20000 for all
11 horizontal control points set.
12 9. Meet vertical control FGCS second-order class I accuracies (approximately 0.03
13 ft. per mile).
14 10. Upon completion of the project, obtain from the CONTRACTOR all information
15 necessary to document all changes made to the project and proceed to transfer the
16 CONTRACTOR's record drawing changes onto the CONSULTANT's original drawings. The
17 complete record drawing set shall remain at all times the property of the COUNTY. Changes
18 shall be identified by cloud markings and shall identify date of change and its source, such as
19 from addenda, change order, or clarification.
20 IV. COUNTY'S OBLIGATIONS:
21 The COUNTY will, for each project:
22 A. Compensate the CONSULTANT as provided in this Agreement.
23 B. Provide a "COUNTY Representative" who will represent the COUNTY and who
24 will coordinate with the CONSULTANT as appropriate to facilitate CONSULTANT'S
25 performance of its obligations under this Agreement. The COUNTY Representative will be the
26 Capital Projects Division Manager or his/her designated representative through award of the
27 construction contract and the COUNTY Construction Engineer after award of the construction
28 contract through completion of the project by the Construction contractor. The CONSULTANT
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1 shall communicate and coordinate with the COUNTY Representative who will provide the
2 following services as appropriate for each project:
3 1. Provide basic design layouts and drawing layouts as may be required for each
4 project unless otherwise agreed by the COUNTY and the CONSULTANT.
5 2. Prepare the title sheet for each project's plans unless otherwise agreed by the
6 COUNTY and the CONSULTANT.
7 3. Loan or provide copies of any available building plans to the CONSULTANT.
8 4. Examine documents submitted to the COUNTY by the CONSULTANT and
9 timely render decisions pertaining thereto.
10 5. Provide communication between the CONSULTANT and COUNTY officials
11 and commissions (including user Department).
12 C. Give reasonably prompt consideration to all matters submitted by the
13 CONSULTANT for approval to the end that there will be no substantial delays in the
14 CONSULTANT's program of work. Any approval, authorization or request to the
15 CONSULTANT given by the COUNTY will be binding upon the COUNTY under the terms of
16 this Agreement only if it is made in writing and signed on behalf of the COUNTY by the
17 COUNTY Representative or his/her designee.
18 V. COMPENSATION:
19 A. Total Fee:
20 1. Notwithstanding any other provisions in this Agreement, the Total Fee for the
21 services required under this Agreement shall not exceed a total amount of five hundred
22 thousand dollars ($500,000) over the entire term of this Agreement, which shall be computed at
23 the hourly and cost rates shown in Exhibit A, attached hereto and incorporated herein, and not
24 to exceed agreed maximums for each phase of each project.
25 2. The rates listed herein are to remain in effect for the duration of this Agreement.
26 Rates may be renegotiated annually after the first anniversary from the date of execution of this
27 Agreement at CONSULTANT's request. CONSULTANT's request for annual rate adjustments
28 may not exceed the Engineering News Record's Construction Cost Index or the California
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1 Consumer Price Index as published by the California Department of Industrial Relations for the
2 year, whichever is lower.
3 B. Basic Fee:
4 1. Within the Total Fee amount of five hundred thousand dollars ($500,000) over
5 the entire term of this Agreement, the Basic Fee for each project shall be as mutually agreed to
6 in writing between CONSULTANT and Capital Projects Division Manager or his/her
7 designated representative.
8 2. All expenses incidental to CONSULTANT's performance of services under
9 Article III of this Agreement shall be borne by CONSULTANT. Incidental expenses include,
10 but may not be limited to, transportation and travel, postage and courier services, photo and
11 duplicating services, telephone and facsimile charges, computer storage media, drawing and
12 plotting media, printing of"check print" plans and plan sets and documents specifically required
13 by the provisions of Article III of this Agreement.
14 3. CONSULTANT shall not add markup percentages or costs to subconsultant's
15 costs or incidental costs unless expressly authorized in writing by the COUNTY.
16 a. If the CONSULTANT becomes aware of potential unforeseen expenses that
17 would not be covered by the Basic Fee agreed to for a project, CONSULTANT shall inform the
18 COUNTY in writing of the extent and nature of such expenses or services. Upon mutual
19 agreement of the CONSULTANT and the COUNTY Representative, the scope of work and
20 agreed fee for a project may be amended in writing to cover such unforeseen expense or cost.
21 C. Payments:
22 1. Progress payments will be made by the COUNTY upon receipt of the
23 CONSULTANT's monthly invoices and approval by COUNTY thereof based on the
24 COUNTY's evaluation of the completion of the respective components of the project(s).
25 Invoices shall clearly identify the specific project, the phase of the project, the percent of the
26 work completed, agreed maximum fee, and description of the work performed, and shall be
27 submitted with the documentation identified in paragraph V.C.5 below. CONSULTANT shall
28 submit separate invoices for each phase of each project for work being performed under this
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1 contract. Invoices shall be forwarded to:
2 Stuart G. Seiden, Division Manager
3 Capital Projects Division
4 Fresno County Public Works &Planning Department
5 2220 Tulare Street, Suite 610
6 Fresno, CA 93721-2104
7 2. Upon receipt of a proper invoice, the COUNTY Department of Public Works &
8 Planning will take a maximum of five (5) working days to review, approve, and submit it to the
9 COUNTY Auditor-Controller / Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices
10 will be returned to the CONSULTANT for correction and resubmittal. Payment, less retention,
11 will be issued to CONSULTANT within forty (40) calendar days of the date the Auditor-
12 Controller/Treasurer-Tax Collector receives the approved invoice.
13 3. COUNTY is entitled to and shall withhold a five percent (5%) retention from the
14 earned compensation in accordance with the provisions of Article VII of this Agreement.
15 4. An unresolved dispute over a possible negligent error or omission may cause
16 payment of CONSULTANT fees in the disputed amount to be withheld by the COUNTY.
17 5. Concurrently with the invoices, the CONSULTANT shall provide on COUNTY
18 request,pre-approved documentation, that complete payment, less a five percent (5%) retention,
19 has been made by CONSULTANT to all subconsultants as provided herein for all previous
20 invoices paid by the COUNTY. However, the parties do not intend that the foregoing creates in
21 any subconsultant or subcontractor a third party beneficiary status or third party beneficiary
22 rights, and expressly disclaim any such status or rights.
23 6. Final invoice, and separate invoice for retentions, shall be submitted to
24 COUNTY no later than thirty (30) days after a specific project is completed. Payment for
25 retentions for each project shall not be made until all services are completed for that project in
26 accordance with the provisions of Article III.
27 7. In the event the COUNTY reduces the scope of a specific project, the
28 CONSULTANT will be compensated on an hourly basis, not to exceed the agreed maximum for
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1 that authorized phase, for actual work completed and accepted by the COUNTY in accordance
2 with the terms of this Agreement.
3 VI. COMPENSATION RECORDS:
4 The CONSULTANT shall keep complete records for the period of time referenced in
5 Article VIII.C, showing the hours and description of activities performed by each person who
6 works on the project and all associated costs or charges applicable to work covered by the basic
7 fee. The CONSULTANT will be responsible for all subconsultants keeping similar records.
8 VII. RETENTION FROM EARNED COMPENSATION:
9 The COUNTY is entitled to and shall withhold a five percent(5%)retention from the
10 earned compensation of the CONSULTANT separately for each project. Such retention from
11 earned compensation may, at the COUNTY'S option,be applied to all phases of the consultant
12 services of a project to be provided under this Agreement, including those phases completed.
13 VIII. AUDITS, ACCOUNTING AND INSPECTIONS ACCESS:
14 A. The CONSULTANT shall establish accounting and bookkeeping practices
15 including, but not limited to, employee time cards, payrolls, and other records of transactions
16 including those to be paid from a State Grant and Federal Grant funds in accordance with the
17 performance of this Agreement.
18 B. The CONSULTANT shall at any time during regular business hours, and as often as
19 the COUNTY may deem necessary, make available for examination by the Comptroller General
20 of the United States, United States Department of Housing and Urban Development (HUD),
21 State of California or the COUNTY Auditor-Controller / Treasurer-Tax Collector, or their
22 authorized representatives, all of CONSULTANT'S records and data with respect to matters
23 covered by this Agreement. The CONSULTANT shall permit Federal, State, or COUNTY
24 authorities to audit and inspect all invoices, materials, payrolls, records of personnel, conditions
25 of employment, and other data relating to matters covered by this Agreement.
26 C. The CONSULTANT shall be subject to the examination and audit of the Auditor
27 General for a period of three (3) years after final payment under this Agreement (Government
28 Code Section 8546.7).
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1 IX. ERRORS OR OMISSION CLAIMS AND DISPUTES:
2 A. Definitions:
3 1. A "Consultant" is a duly licensed Architect or Engineer, or other provider of
4 professional services, acting as a business entity (owner, partnership, corporation,joint venture
5 or other business association) in accordance with the terms of an Agreement with the
6 COUNTY.
7 2. A "Claim" is a demand or assertion by one of the parties seeking, as a matter of
8 right, adjustment or interpretation of contract terms, payment of money, extension of time,
9 change orders, or other relief with respect to the terms of the contract. The term "Claim" also
10 includes other disputes and matters in question between the COUNTY and CONSULTANT
11 arising out of or relating to the contract. Claims must be made by written notice. The
12 provisions of Government Code Section 901, et seq., shall apply to every claim made to
13 COUNTY. The responsibility to substantiate claims shall rest with the party making the claim.
14 The term "Claim" also includes any allegation of a negligent error or omission by the
15 CONSULTANT.
16 B. In the spirit of cooperation between the COUNTY and CONSULTANT, the
17 following procedures are established in the event of any claim or dispute by COUNTY or
18 CONSULTANT alleging a negligent error, act, or omission.
19 1. Claims, disputes or other matters in question between the parties, arising out of
20 or relating to this Agreement, shall not be subject to arbitration, but shall be subject to the
21 following procedures.
22 2. The Capital Projects Division Manager or his/her designated representative of
23 and CONSULTANT shall meet and confer and attempt to reach agreement on any dispute,
24 including what damages have occurred, the measure of damages and what proportion of
25 damages, if any, shall be paid by either party. The parties agree to consult and consider the use
26 of mediation or other form of dispute resolution prior to resorting to litigation.
27 3. If the COUNTY and CONSULTANT cannot reach agreement under the
28 immediately preceding paragraph IX.B.2, the disputed issues may, upon concurrence by all
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1 parties, be submitted to a panel of three (3) for a recommended resolution. The
2 CONSULTANT and the COUNTY shall each select one (1) member of the panel, and the third
3 member shall be selected by the other two panel members. The discovery rights provided by
4 California Code of Civil Procedure for civil proceedings shall be available and enforceable to
5 resolve the disputed issues. Either party requesting this dispute resolution process shall, when
6 invoking the rights to this panel, give to the other party a notice describing the claims, disputes
7 and other matters in question. Prior to twenty (20) days before the initial meeting of the panel,
8 both parties shall submit all documents such party intends to rely upon to resolve such dispute.
9 If it is determined by the panel that any party has relied on such documentation, but has failed to
10 previously submit such documentation on a timely basis to the other party, the other party shall
11 be entitled to a twenty (20) -day continuance of such initial meeting of the panel. The decision
12 by the panel is not a condition precedent to arbitration, mediation or litigation.
13 4. Upon receipt of the panel's recommended resolution of the dispute issues, the
14 COUNTY and the CONSULTANT shall again meet and confer and attempt to reach agreement.
15 If the parties still are unable to reach agreement, each party shall have recourse to all
16 appropriate legal and equitable remedies.
17 C. The procedures to be followed in the resolution of claims and disputes may be
18 modified at any time by mutual agreement of the parties hereto.
19 D. The CONSULTANT shall continue to perform its obligations under this Agreement
20 pending resolution of any dispute, and the COUNTY shall continue to make payments of all
21 undisputed amounts due under this Agreement.
22 E. When a claim by either party has been made alleging the CONSULTANT's
23 negligent error, act, or omission, the COUNTY Capital Projects Division Manager or his/her
24 designated representative and the CONSULTANT shall meet and confer within twenty-one (21)
25 days after the written notice of the claim has been provided.
26 X. JOINDER OF PARTIES:
27 The CONSULTANT, the CONSULTANT's consultants of any tier, subcontractors of
28 any tier, suppliers and construction lenders shall all be bound by the dispute resolution
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1 provisions of this Agreement, and immediately upon demand of COUNTY or CONSULTANT,
2 shall participate in and shall become parties to the dispute resolution process,provided they
3 have signed any document that incorporates or refers to the dispute resolution provisions of this
4 Agreement. Failure of CONSULTANT,whether intended or inadvertent, to ensure that such
5 nonparties have signed such a document shall inure only to CONSULTANT's detriment, if any
6 there be. COUNTY shall not suffer a detriment by CONSULTANT's action or inaction in this
7 regard. If such a party after due notice fails to appear at and participate in the dispute resolution
8 proceedings,the panel established in accordance with the provisions of paragraph IX.B.3 shall
9 make a decision based on evidence introduced by the party or parties who do participate.
10 XI. CONSULTANT'S OBLIGATIONS RELATING TO CONSTRUCTION CLAIMS:
11 A. The CONSULTANT will review and analyze construction contract claims and
12 recommend resolution of them as soon as possible following receipt of demand by COUNTY.
13 B. Within a reasonable time after receipt of a claim, the CONSULTANT shall provide a
14 written analysis of the claim to the COUNTY, signed by the CONSULTANT and any affected
15 subconsultants. The written analysis shall include the CONSULTANT's professional opinion of
16 the responsibility for payment of the claim,with supporting facts and documentation. A copy of
17 the written analysis shall be provided to the respective insurance adjusters for CONSULTANT
18 and any affected subconsultant.
19 C. Upon receipt of a claim, the CONSULTANT may also take one (1) or more of the
20 following actions,within ten (10) days of receipt of a claim:
21 1. Request additional supporting data from the claimant, requiring that such data be
22 supplied within ten(10) days of the request;
23 2. Submit a schedule to the parties indicating when the CONSULTANT expects to
24 respond to the claim, which schedule shall not exceed thirty (30) days from CONSULTANT's
25 original receipt of the claim;
26 3. Recommend rejection of the claim in whole or in part, stating the reasons for
27 such rejection;
28 4. Recommend approval of the claim by the other party, or
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1 5. Suggest a compromise.
2 D. In every case, CONSULTANT shall provide its recommended resolution of a claim
3 within thirty(30) days from the original receipt of claim,unless the CONSULTANT obtains
4 COUNTY's prior written approval.
5 XII. INDEPENDENT CONTRACTOR:
6 A. In performance of the work, duties, and obligations assumed by CONSULTANT
7 under this Agreement, it is mutually understood and agreed that CONSULTANT, including any
8 and all of CONSULTANT's officers, agents and employees, will at all times be acting and
9 performing as an independent contractor, and shall act in an independent capacity and not as an
10 officer, agent, servant, employee,joint venturer,partner or associate of the COUNTY.
11 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
12 method by which CONSULTANT shall perform its work and function. However, COUNTY
13 shall retain the right to administer this Agreement so as to verify that CONSULTANT is
14 performing its obligations in accordance with the terms and conditions thereof.
15 CONSULTANT and COUNTY shall comply with all applicable provisions of law and the rules
16 and regulations, if any, of governmental authorities having jurisdiction over matters the subject
17 thereof.
18 B. Because of its status as an independent contractor, CONSULTANT shall have
19 absolutely no right to employment rights and benefits available to COUNTY employees.
20 CONSULTANT shall be solely liable and responsible for providing to, or on behalf of its
21 employees all legally required employee benefits. In addition, CONSULTANT shall be solely
22 responsible and save COUNTY harmless from all matters relating to payment of
23 CONSULTANT's employees, including compliance with Social Security,withholding, and all
24 other regulations governing such matters. It is acknowledged that during the term of this
25 Agreement CONSULTANT may be providing services to others unrelated to the COUNTY or
26 to this Agreement.
27 XIII. PARTIES BOUND BY AGREEMENT:
28 This Agreement shall be binding upon the COUNTY, the CONSULTANT, and their
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1 respective successors in interest, legal representatives, executors, administrators, and assigns
2 with respect to all covenants as set forth herein.
3 XIV. REOUIRED APPROVALS:
4 It is understood that the CONSULTANT shall not assign, sublet, subcontract, or transfer
5 any of CONSULTANT's rights, duties, or obligations under this Agreement, without the prior
6 express, written consent of the COUNTY. Such consent and approval may be given only by the
7 COUNTY Board of Supervisors.
8 XV. COMPLIANCE WITH LAWS:
9 A. CONSULTANT shall comply with all Federal, State, and local laws, ordinances,
10 regulations, and Fresno County Charter Provisions in effect at the time of CONSULTANT's
11 performance of the professional services to be provided hereunder.
12 B. CONSULTANT shall submit a current version of its Illness and Injury Prevention
13 Plan (I1 PP), applicable safety programs and contact information for the CONSULTANT's
14 responsible person for these programs to the COUNTY Representative at the time this
15 AGREEMENT is signed by the CONSULTANT. Throughout the term of this AGREEMENT,
16 Consultant shall provide updates to the safety plans and programs to the COUNTY
17 Representative as they are implemented.
18 XVI. GOVERNING LAW:
19 A. Any controversy or claim arising out of or relating to this Agreement which cannot
20 be amicably settled without court action shall be litigated either in a State court for Fresno
21 County, California, or in the U.S. District Court for the Eastern District of California, located in
22 Fresno County.
23 B. The rights and obligations of the parties and all interpretations and performance of
24 this Agreement shall be governed in all respects by the laws of the State of California.
25 XVII. AMENDMENTS:
26 Any changes to this Agreement requested either by the COUNTY or CONSULTANT
27 may only be effected if mutually agreed upon in writing by duly authorized representatives of
28 the parties hereto. This Agreement shall not be modified or amended, nor shall any rights of a
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1 party hereto be waived, except by such a writing.
2 XVIII.CONSULTANT'S LEGAL AUTHORITY:
3 A. Each individual executing this Agreement on behalf of CONSULTANT hereby
4 covenants, warrants, and represents:
5 1. That he or she is duly authorized to execute and deliver this Agreement on behalf
6 of such corporation in accordance with a duly adopted resolution of the corporation's board of
7 directors and in accordance with such corporation's articles of incorporation or charter and
8 bylaws;
9 2. That this Agreement is binding upon such corporation; and
10 3. That CONSULTANT is a duly organized and legally existing corporation in
11 good standing in the State of California.
12 XIX. HOLD HARMLESS:
13 A. CONSULTANT shall defend, hold harmless and indemnify COUNTY, its officers,
14 agents, and employees, against the payment of any and all costs and expenses (including
15 reasonable attorney fees and court costs), damages, claims, suits, losses, and liability for bodily
16 and personal injury to or death of any person or for loss of any property resulting from or
17 arising out of any negligent or wrongful acts, errors or omissions of CONSULTANT, its
18 officers, agents, and employees, in performing or failing to perform any work, services, or
19 functions under this Agreement.
20 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate in
21 the defense of any claim, suit, or other action alleging liability, arising from the performance or
22 failure to perform of any COUNTY construction contractor or subcontractor in connection with
23 any project for which CONSULTANT has been retained under Article III above. Such
24 cooperation may include an agreement to prepare and present a cooperative defense after
25 consultation with CONSULTANT's professional liability insurance carrier.
26 XX. LIABILITY INSURANCE:
27 A. Prior to commencing the duties under the Agreement with the COUNTY, the
28 CONSULTANT shall furnish the COUNTY, at no additional cost to the COUNTY, certificates
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1 for the following insurance policies which shall be kept in force during the term of the
2 Agreement (i.e., until the Agreement is terminated or it expires), and for such additional time as
3 may be specified herein with respect to a particular type of policy.
4 1. Commercial General Liability Insurance or Comprehensive General Liability
5 Insurance, naming the COUNTY as an additional insured, with limits of not less than one
6 million dollars ($1,000,000) per occurrence, with an annual aggregate of not less than two
7 million dollars ($2,000,000).
8 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of
9 not less than two hundred fifty thousand dollars ($250,000) per person, five hundred thousand
10 dollars ($500,000) per accident and for property damages of not less than fifty thousand dollars
11 ($50,000), or such coverage with a combined single limit of five hundred thousand dollars
12 ($500,000).
13 3. Worker's Compensation insurance policy as required by the California Labor
14 Code.
15 4. Professional Liability Insurance:
16 a. Professional Liability Insurance with limits of not less than one million
17 dollars ($1,000,000) per occurrence, three million dollars ($3,000,000) annual aggregate, and
18 with a deductible not to exceed fifty thousand dollars ($50,000). A deductible greater than fifty
19 thousand dollars ($50,000) will be acceptable to the COUNTY receiving satisfactory, certified
20 information of the CONSULTANT's ability to support such a deductible. The financial ability
21 to support the difference between fifty thousand dollars ($50,000) and the greater deductible
22 amount requested by the CONSULTANT shall be guaranteed by any of the following:
23
1). Cash deposit with a trustee bank.
24 2). Irrevocable letter of credit issued by a bank for the same time period as
25
specifically referenced in subparagraph XX.A.4.c herein.
26
3). Withholding payment under terms of the Agreement for the same time
27
period as specifically referenced in subparagraph XX.A.4.c. herein.
28 b. CONSULTANT and subconsultants shall make full disclosure, in writing to
Page 16 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 the COUNTY, of all pending and open claims and disputes during the course of this Agreement
2 that affect the specified aggregate limits of the Professional Liability Insurance policy.
3 c. Professional Liability Insurance shall be kept in force for a minimum of two
4 (2) years past the date of final payment to CONSULTANT, and including the full and final
5 resolution of all claims, disputes, and matters in question regarding the project.
6 d. In the event that CONSULTANT voluntarily changes, or involuntarily
7 changes due to circumstances beyond its control, its Professional Liability Insurance policy
8 carrier during the period such coverage is required to be in force (as specified in the
9 immediately preceding subparagraph c. of this Article XX, Section A, Paragraph 4.), such new
10 policy shall include prior acts coverage retroactive, at least, to the date of execution of this
11 Agreement. CONSULTANT may, at its option and expense, purchase supplemental or "tail"
12 coverage from the former policy carrier, negotiate a retroactive reporting date with the new
13 policy carrier for claims incurred but not reported as of the date of change in policy carrier, and
14 shall in any event maintain Professional Liability Insurance in a manner that provides
15 continuous coverage to the COUNTY throughout the term of this Agreement, and for a period
16 of two (2)years past the issuance of final payment to the CONSULTANT.
17 B. CONSULTANT shall give COUNTY at least thirty (30) days written advance notice
18 of any expiration, cancellation or reduction in the coverage of any of the aforesaid policies.
19 C. The COUNTY, its officers, agents and employees, individually and collectively,
20 shall be named as an additional insured under the policy for Commercial General Liability
21 Insurance or Comprehensive General Liability Insurance, but only insofar as the operations
22 under this Agreement are concerned. Such coverage of COUNTY as additional insured shall
23 apply as primary insurance and any other insurance, or self-insurance, maintained by the
24 COUNTY, its officers, agents, and employees, shall be excess only and not contributing with
25 insurance provided under the CONSULTANT's policies herein.
26 D. In the event CONSULTANT fails to keep in effect at all times insurance coverage as
27 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or
28 terminate this Agreement upon the occurrence of such event.
Page 17 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 E. All policies shall be issued by admitted insurers licensed to do business in the State
2 of California and possessing a current A.M. Best, Inc. rating of A FSC VII or better.
3 XXI. OWNERSHIP OF DOCUMENTS:
4 A. CONSULTANT understands and agrees that COUNTY shall retain full ownership
5 rights of the drawings and the work-product of CONSULTANT for each project, to the fullest
6 extent permitted by law. In this regard, CONSULTANT acknowledges and agrees that
7 CONSULTANT's services are on behalf of COUNTY and are "works made for hire," as that
8 term is defined in copyright law, by COUNTY; that the drawings and work-product to be
9 prepared by CONSULTANT are for the sole and exclusive use of COUNTY, and shall be the
10 sole property of COUNTY and its assigns, and the COUNTY and its assigns shall be the sole
11 owner of all patents, copyrights, trademarks, trade secrets and other contractual and intangible
12 rights of any kind or nature in connection therewith; that all the contractual or intangible rights
13 of any kind or nature, title, and interest in and to the drawings and work-product will be
14 transferred to COUNTY by CONSULTANT, and CONSULTANT will assist COUNTY to
15 obtain and enforce patents, copyrights, trademarks, trade secrets, and other contractual and
16 intangible rights relating to said drawings and work-product; that COUNTY shall be and
17 become the owner of such drawings and work product, free and clear of any claim by
18 CONSULTANT or anyone claiming any right through CONSULTANT. CONSULTANT
19 further acknowledges and agrees that COUNTY's ownership rights in such drawings and work
20 product shall apply regardless of whether such drawings or work product, or any copies thereof,
21 are in the possession of CONSULTANT, or any other person, firm, corporation, or entity. For
22 the purpose of this Agreement the terms "drawings and work-product" shall mean all reports
23 and study findings commissioned to develop the design of each project, drawings and schematic
24 or preliminary design documents of each project, certified reproducibles of the original final
25 construction contract drawings of each project, specifications of each project, the approved
26 opinion of probable construction cost of each project, record drawings of each project, as-built
27 plans of each project, and discoveries, developments, designs, improvements, inventions,
28 formulas, processes, techniques, or specific know-how and data generated or conceived or
Page 18 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 reduced to practice or learning by CONSULTANT, either alone or jointly with others, that
2 result from the tasks assigned to CONSULTANT by COUNTY under this Agreement. County
3 acknowledges and agrees that details, concepts, ideas, devices, configurations, and designs
4 previously developed or used by the CONSULTANT, or developed by the CONSULTANT
5 without COUNTY compensation, shall remain the property of the CONSULTANT and use is
6 granted to COUNTY only for the specific project undertaken under this agreement.
7 B. If a project is terminated prior to completion of the construction document phase of
8 any project under Article III, a reproducible copy and electronic files of documents as
9 completed at the time of termination of the project shall be submitted by CONSULTANT to the
10 COUNTY, which may use them to complete each project in future phases.
11 C. If the project is terminated at the completion of the construction document phase of
12 any project, a reproducible copy and electronic riles of final construction contract drawings
13 (both .dwg and .plt files), specifications, and approved opinion of probable construction cost
14 shall be submitted by CONSULTANT to COUNTY.
15 D. Documents, including drawings and specifications, prepared by CONSULTANT for
16 any project pursuant to this Agreement are not intended or represented to be suitable for reuse
17 by COUNTY or others on extensions of the services provided for that project or any other
18 project. Any use of completed documents for other projects and/or any use of uncompleted
19 documents will be at COUNTY's sole risk and without liability or legal exposure to
20 CONSULTANT.
21 E. COUNTY has requested that certain machine readable information and CAD data on
22 construction documents be provided by CONSULTANT for each project under this Agreement.
23 Such machine readable information and CAD data are more specifically described in Article III.
24 CONSULTANT shall not be liable for claims, liabilities or losses arising out of, or connected
25 with:
26 1. The modification or misuse by COUNTY, or anyone authorized by COUNTY, of
27 such machine readable information and CAD data; or
28 2. Decline of accuracy or readability of machine readable information and CAD
Page 19 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
l data due to inappropriate storage conditions or duration; or
2 3. Any use by COUNTY, or anyone authorized by COUNTY, of such machine
3 readable information and CAD data for additions to any such project or for the completion of
4 any such project by others, or for other projects.
5 XXII. TIME OF COMPLETION:
6 A. Upon request of the Capital Projects Division Manager or his/her designated
7 representative, the CONSULTANT shall submit for the Capital Projects Division Manager or
8 his/her designated representative's approval, schedules for the performance of the
9 CONSULTANT's services which may be adjusted by mutual agreement as the projects proceed,
10 and shall include allowances for periods of time required for the COUNTY's review and
11 approval of submissions by authorities having jurisdiction over the projects. Time limits
12 established by these schedules approved by Capital Projects Division Manager or his/her
13 designated representative shall not, except as provided in this Agreement, be exceeded by the
14 CONSULTANT.
15 B. CONSULTANT shall diligently proceed with the agreed scope of services and shall
16 provide such services in a timely manner. Failure of the CONSULTANT to meet any deadline
17 listed in the above-referenced schedules once such failure continues more than seven (7)
18 calendar days past the specified completion date (unless the delay is attributable to the
19 COUNTY or State), is sufficient cause to immediately terminate this Agreement, at the option
20 of the COUNTY, in accordance with Section XXIV.C.
21 XXIII.TERM:
22 The term of this Agreement shall be for a period of three (3) years, commencing on the
23 effective date as first set forth hereinabove. This Agreement may be extended for a maximum
24 of two (2) additional consecutive one-year periods upon approval of both parties no later than
25 thirty (30) days prior to the first day of the next twelve (12) month extension period. The
26 Director of the Department of Public Works and Planning or his/her designee is authorized to
27 execute such written approval on behalf of COUNTY based on CONTRACTOR's satisfactory
28 performance.
Page 20 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 XXIV.TERMINATION OF AGREEMENT:
2 A. This Agreement may be terminated without cause at any time by the COUNTY upon
3 thirty (30) calendar days written notice. If the COUNTY terminates this Agreement, the
4 CONSULTANT shall be compensated for services satisfactorily completed to the date of
5 termination based upon the compensation rates and subject to the maximum amounts payable
6 agreed to in Article V, together with such additional services satisfactorily performed after
7 termination which are expressly authorized by the COUNTY Representative in order to
8 conclude the work performed to date of termination.
9 B. If the CONSULTANT purports to terminate the Agreement, or otherwise refuses to
10 perform pursuant to the Agreement, for reasons other than material breach by the COUNTY, the
11 CONSULTANT shall reimburse the COUNTY, up to a maximum of seven thousand five
12 hundred dollars ($7,500) for the actual expense of issuing a Request For Proposal (RFP),
13 engaging a new CONSULTANT, and the new CONSULTANT's cost in becoming familiar with
14 the previous CONSULTANT's design.
15 C. The COUNTY may immediately suspend or terminate this Agreement in whole or in
16 part, where in the determination of the COUNTY there is:
17 1. An illegal or improper use of funds;
18 2. A failure to comply with any term of this Agreement;
19 3. A substantially incorrect or incomplete report submitted to the COUNTY;
20 4. Improperly performed service.
21 D. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
22 of any breach of this Agreement or any default which may then exist on the part of the
23 CONSULTANT, nor shall such payment impair or prejudice any remedy available to the
24 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand
25 of the CONSULTANT the repayment to the COUNTY of any funds disbursed to the
26 CONSULTANT under this Agreement, which, in the judgment of the COUNTY and as
27 determined in accordance with the procedures of Article IX ("Errors or Omissions Claims and
28 Disputes"), were not expended in accordance with the terms of this Agreement. The
Page 21 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 CONSULTANT shall promptly refund any such funds upon demand.
2 E. The terms of this Agreement, and the services to be provided thereunder, are
3 contingent on the approval of funds by the appropriating government agency. Should sufficient
4 funds not be allocated, the services provided may be modified, or this Agreement terminated at
5 any time by giving the CONSULTANT thirty (30) days advance written notice.
6 XXV. CONFLICT OF INTEREST:
7 A. The CONSULTANT shall comply with the provisions of the Fresno County
8 Department of Public Works Conflict of Interest Code, attached hereto as Exhibit B and
9 incorporated herein. Such compliance shall include the filing of annual statements pursuant to
10 the regulations of the State Fair Political Practices Commission.
11 XXVI.DISCLOSURE OF SELF-DEALING TRANSACTIONS
12 A. This provision is only applicable if the CONSULTANT is operating as a corporation
13 (a for-profit or non-profit corporation) or if during the term of this AGREEMENT, the
14 CONSULTANT changes its status to operate as a corporation.
15 B. Members of the CONSULTANT'S Board of Directors shall disclose any self-
16 dealing transactions that they are a party to while the CONSULTANT is providing goods or
17 performing services under this AGREEMENT. A self-dealing transaction shall mean a
18 transaction to which the CONSULTANT is a party and in which one or more of its directors has
19 a material financial interest. Members of the CONSULTANT'S Board of Directors shall
20 disclose any self-dealing transactions that they are a party to by completing and signing a Self-
21 Dealing Transaction Disclosure Form (attached as Exhibit C and incorporated herein by this
22 reference); and submitting it to the COUNTY prior to commencing with the self-dealing
23 transaction or immediately thereafter.
24 XXVII. ENTIRE AGREEMENT:
25 A. This Agreement constitutes the entire agreement between the COUNTY and the
26 CONSULTANT with respect to the subject matter hereof and supersedes all previous
27 negotiations, proposals, commitments, writings, advertisements, publications, and
28 understandings of any nature whatsoever unless expressly included in this Agreement.
Page 22 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 XXVIII. SEVERABILITY:
2 A. Should any provision herein be found or deemed to be invalid, this Agreement shall
3 be construed as not containing such provision, and all other provisions which are otherwise
4 lawful shall remain in full force and effect, and to this end the provisions of this Agreement are
5 hereby declared to be severable.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 23 of 24 Pages
SURVEYING CONSULTANT SERVICES AGREEMENT
1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
2 as of the day and year first above written.
3
4 CONSULTANT COUNTY OF FRESNO
5
BY: BY:
6 MATTHEW KEMP, P ERNEST BUDDY MEND , CHAIRMAN
TITLE: VICE PRESIDENT BOARD OF SUPERVISORS
7 PROVOST & PRITCHARD
ENGINEERING GROUP, INC., dba
8 PROVOST & PRITCHARD ATTEST:
9 CONSULTING GROUP BERNICE E.SEIDEL,Clerk
286 W. CROMWELL AVENUE Board of Supervisors
10 FRESNO, CA 93711 By
e uty
11
REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL FORM:
12 FOR APPROVAL DANIEL C. CEDERBORG, COUNTY
y COUNSEL
13 I 1
14
BY: BY: G
15 BE JIME ERIM DEPUTY
DIRECTOR
16 DEPARTMENT OF BLIC WORKS
AND PLANNING
17
18
19 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-
20 CONTROLLER/TREASURER- TAX
COLLECTOR
21
22
BY:
23 DEPUTY
24
FUND: 0001
25 ORG: 43601150
ACCT: 7295
26
27
28
Page 24 of 24 Pages
Exhibit A
PROVOST& PROVOST & PRITCHARD CONSULTING GROUP
PRITCHARD STANDARD FEE SCHEDULE
Effective 1/1/2016
An Employee Owned Company (hourly rates)
This schedule supersedes previously published fee schedules as of the effective date
Multi-year contracts are subject to any subsequent changes in these rates
Fee Range
ENGINEERING STAFF:
Assistant Engineer $ 85.00 - $105.00
Associate Engineer $110.00 - $130.00
Senior Engineer $135.00 - $165.00
Principal Engineer $170.00 - $195.00
SPECIALISTS:
Associate Environmental Specialist $107.00 - $137.00
Senior Environmental Specialist $140.00 - $165.00
Principal Environmental Specialist $175.00 - $200.00
GIS Specialist $105.00 - $130.00
Associate GeologisUHydrogeologist $105.00 - $130.00
Senior GeologisUHydrogeologist $140.00 - $170.00
Water Resources Specialist $100.00 - $130.00
PLANNING STAFF
Assistant Plan ner/CEQA-N EPA Specialist $ 65.00 - $ 90.00
Associate Planner/CEQA-NEPA Specialist $ 95.00 - $120.00
Senior Planner/CEQA-NEPA Specialist $130.00 - $155.00
Principal Planner/CEQA-NEPA Specialist $160.00 - $185.00
TECHNICAL STAFF:
Assistant Technician $ 65.00 - $ 90.00
Associate Technician $ 95.00 - $110.00
Senior Technician $120.00 - $135.00
CONSTRUCTION SERVICES:
Associate Construction Manager $105.00 - $125.00
Senior Construction Manager $130.00 - $145.00
Principal Construction Manager $150.00 - $180.00
Construction Manager Prevailing Wage(1) $130.00 - $150.00
SUPPORT STAFF:
Administrative Assistant $55.00 - $75.00
Project Administrator $65.00 - $85.00
SURVEYING SERVICES:
LSIT Surveyor $ 85.00 - $105.00
Licensed Surveyor $115.00 - $145.00
Prev.Wage(1)
1 Man Survey Crew $150.00 $175.00
2 Man Survey Crew $210.00 $245.00
2 Man Survey Crew including LS $245.00 $255.00
1 Man CORS Survey Crew $170.00
2 Man CORS Survey Crew $220.00
(Field Work not including survey equipment billed at individual standard rate plus vehicle as appropriate)
EXPERT WITNESS: As quoted.
TRAVEL TIME(for greater than 1 hour from employee's base office):$75/hr(unless the individual's rate is less)
PROJECT COSTS:
Mileage IRS value+15%
Outside Consultants Cost+15%
Direct Costs Cost+15%
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, & Kern Counties,
other counties as quoted.
l Marketing\Fee Schedules\Standard Fee Schedule-1-1-16.docx
l EXHIBIT B
File $L5123
February 23, 1999
Resolution #99-086
1 BEFORE THE BOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESN0
3 STATE OF CAt.IFORri1A
r ;..
4 In the matter of
a Adoption of Standard Conflict of interest
Resolution 499-0e5
CodefarAll County Departments,
6 ,
7
8 Whereas. the Political Reform Act, Government Code section 81000 et seq..
S requires state and local government agencies to'adopt and promulgate conftid of interest
10 codes;and
11 Whereas.the Fair Political Practloes Commission has,adopted a regulatIon,2
12 Califomis 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 coriforrn to amendments to the Pofflical
18 Reform Act and
1 S Whereas,any local agency may Incorporate this standard conflict of interest code,
and thereafter need not amend the text of Its code to condoms to future amendments to the
17
Polltical Reform Act or its regulations;and
18
Whereas, the Board of Supervisors Is the code reviewing body for all County
19 departments except courts;and
20 Whereas,the Board of Supswisors may adopt the standard confilct of interest
21 code on behalf of all County departments.
22 Now therefore be it resolved,thattheterms of 2 California Code of Regulations
23 section 18730, and any amendments to It duly adopted by the Fair 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 offiicers and employees are deegnatad and disclosure categories are set forth,
27
28
1
EXHIBtT B
constitute the conflict of interest codes of each County department except courts.
2 Conflict of interestforms shall be fiied as follows:
3 1. As required by Government Code Section 87500, subdivision (e), the
4 County Administrative Officer, District Attomey, County Counsel, and Audftor
5 ControfledTreasurer-Tax Collector shall file one original oftheir statements with the County
6 Clerk, who shall make and retain copies and forward the originals to the Fair Political
7 Practices Commission.which shall be the filing officer. The County Administrative Officer,
6 District Attorney,County Counsel,and Auditor-ControlleriTreasurer--Tax Collector shall also
9 file one copy of their statements with the Clark to the Board of Supervisors.
10 2. As required by Government Code section 875DD,subdivision 0).all other
11 department heads shall No one original ofthefrstatameids withthelydepartments. Thefing
12 officer of each department shall make and retain a copy of the department head's statement
.13 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
inspecfion and neproducfton. (Gov.Code,§81008.)
17
18 Adopted at a regular meeting of the Board of Supervisors,held on the 23rd day
of February .19 99,by the following vote,to wit;
i9
20 Ayes: supervisors Koligian, Case, Arambula, oken, Zevp
21 Noes; None
22 Absent: None
23
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24 c , BOM Nrt as
.AT�E9Ts
SHM G8M3i70m, C'LM
25 BnAR11 of saPsMsoas
26 r
27 sy V' f
P
28 pile #15123 Agenda #28 Rasolution #99-086
2
-,EXHIBIT B
EXHIBIT"A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I/If 2
Architect 1
Assistant Real Property Agent 1
Associate Real Property Agent 1
Building Inspector I/it 1
Building Plans Engineer 1
Capital Projects Division Manager 1
Chief Building Inspector 1
Chief of Field Surveys 1
Community Development Manager 1
Consultant `
Deputy Director of Planning 1
Deputy Director of Public Works 1
Development Services Manager 1
Director of Public Works and Planning 1
Disposal Site Supervisor 2
Engineer I/11/111 1
Field Survey Supervisor 3
Housing Rehabilitation Specialist I 111 1
Information Technology Analyst 1/II/III/IV 2
Planner I/If/III 1
Principal Accountant 1
Principal Engineer 1
Principal Planner 1
Principal Staff Analyst 1
Public Works and Planning Business Manager 1
Public Works Division Engineer 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
(-EXHIBIT B
Classification Category
Senior Staff Analyst 1
Senior Systems and Procedures Analyst 2
Staff Analyst 1/11/111 1
Supervising Accountant 2. 3
Supervising Building Inspector 1
Supervising Engineer 1
Supervising Water/Wastewater Specialist 2, 3
Systems and Procedures Analyst I/11/Ill 2
Systems and Procedures Manager 2
Traffic Maintenance 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.
E5XHI$IT B
EXHIBIT"8"
PUBUC WORKS ANP PLANNING
1. Persons In this category must disclose all Investments, interests In real property and
Income,and business positions. Financial Interests are reportable dnty If located within
or subject to the jurisdiction of Fresno-Countyi or-If the business entity,is-doing
business or planning to do business in the jurisdlcllon,or has done business within the
ji.irisdictidn at any nine during the two year's prlo'r'td*1he flllag of the sWemsnL Real
property shall be deemed to be within the Jurisdiction" of the County if it Is looted
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. Parsons in this category shall disclose all investments In, income from, and business
positions with any business entity which,within Me lest two years,has contracted Orin
the future may forsesably contract with Fresno County through its Public Works and
Planning Department,.Solld Waste Commissions within the jurisdiction,or to anyother
joint powers agency Mitch Fresno County is a member to provide services, supplies,
materials,machinery, or equipment to the County.
S. Persons In the category shall disclose all Inter eMs in real property within the
jurisdiction. Real Property shall be deemed to be within the jurisdiction Ifthe property
or any part of It Is located within or not more then 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.
Attachment C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as
"County"), members of a corporation's board of directors of the Consultant, must
disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined
below:
"A self-dealing transaction means a transaction to which the corporation is a party and
in which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being
disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's
transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Page 1 of 2
Attachment C
(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:
Page 2of2