The URL can be used to link to this page

Home My WebLink About2025-On-Call-Agreement-DLR Group.pdf On-Call Agreement for Architectural and Engineering Consultant and Other Related Services Contents 1. Obligations of the Consultant..................................................................................4 2. Obligations of the County ........................................................................................7 3. Term of Agreement...................................................................................................9 4. Termination ...............................................................................................................9 A. Non-Allocation of Funds / Funding Requirements ........................................................9 B. Breach of Contract........................................................................................................9 C. Without Cause............................................................................................................ 10 5. Compensation, Allowable Costs and Payments ..................................................10 A. Maximum Cumulative Amount Available .................................................................... 10 B. Consultant Fee ........................................................................................................... 11 C. Not used..................................................................................................................... 13 D. Retention.................................................................................................................... 13 E. Payments.................................................................................................................... 13 F. Notice to Proceed / Task Orders / Project Cost Proposal ............................................ 15 6. Independent Contractor ............................................................................................ 16 7. Modification / Change in Terms ................................................................................ 17 8. Non-Assignment........................................................................................................ 17 9. Hold Harmless .......................................................................................................... 17 10. Liability Insurance ..................................................................................................... 18 A. Commercial General Liability....................................................................................... 18 B. Automobile Liability...................................................................................................... 19 C. Professional Liability Insurance: .................................................................................. 19 D. Worker's Compensation ............................................................................................. 19 E. Additional Requirements Relating to Insurance.......................................................... 19 11. Audits / Retention of Records ...................................................................................21 12. Notices......................................................................................................................22 13. Governing Law..........................................................................................................22 14. Disclosure of Self-Dealing Transactions ...................................................................22 15. Electronic Signature..................................................................................................23 16. Subconsultants .........................................................................................................23 I. Prompt Progress Payment............................................................................................25 J. Prompt Payment of Withheld Funds to Subconsultants ..............................................25 17. Conflict of Interest.....................................................................................................27 18. Errors or Omissions Claims and Disputes.................................................................28 19. Ownership of Data ....................................................................................................30 20. Consultant's Legal Authority .....................................................................................32 21. Binding Upon Successors.........................................................................................33 22. Severability ...............................................................................................................33 23. State Prevailing Wage Rates ....................................................................................33 C. Payroll Records..........................................................................................................34 E. Penalty.....................................................................................................................36 F. Hours of Labor .........................................................................................................38 1 G. Employment of Apprentices .....................................................................................38 2 Articles 24-39 Not used.......................................................................................................38 40. Entire Agreement..........................................................................................................38 3 41. Signatures.....................................................................................................................40 4 Appendices 5 Appendix A — Listing of all consultants, including CONSULTANT'S "Project Manager" 6 Appendix B — Scope 7 Appendix C — Project Team Appendix D — Deliverables 8 Appendix E — Cost Proposal Appendix F — Not Used 9 Appendix G — Self Dealing Transaction Disclosure Form Appendix H — Subconsultants 10 Appendix I — Conflict of Interest Code 11 Appendix J — Not Used Appendix K — Not Used 12 Appendix L — Not Used Appendix M — Not Used 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Agreement# D-25-257 1 CONSULTANT AGREEMENT 2 This Agreement for Architectural and Engineering Consultant Services, hereinafter 3 referred to as "Agreement," is made and entered into this 18th day of 4 June 2025, by and between the County of Fresno, a Political Subdivision of 5 the State of California, hereinafter referred to as "County"; and DLR Group , a Corporation, 6 whose address is 1050 20th Street, #250, Sacramento, CA 95811 hereinafter referred to as 7 "Consultant". 8 Recitals 9 WHEREAS, the County desires to retain the Consultant as one of a number of 10 consultant firms to provide, pursuant to separate agreements, on-call architectural and 11 engineering consulting services, encompassing landscape, architectural, electrical, 12 mechanical, transportation planning, water & natural resources, and such other 13 architectural and engineering disciplines for which each such consultant is qualified, as 14 necessary to assist the County in performing projects (hereinafter referred to as 15 "Project(s)") proposed by the County; and 16 WHEREAS, the Consultant has been selected in accordance with the County's 17 Ordinance Code Chapter 4.10 on the selection of architects, engineers, and other 18 professionals, and in accordance with Chapter 10 of the California Department of 19 Transportation's (Caltrans) Local Assistance Procedures Manual (LAPM), to provide certain 20 professional services necessary for the Projects, as specified herein; and 21 WHEREAS, the individual listed below 22 Erin Haagenson, Program Manager 23 2220 Tulare Street, 6th Floor, Fresno, CA 93721 24 559-388-7292 25 ehaagen son fresnocountyca.gov 26 is designated as the Contract Administrator for this Agreement on behalf of the County, and 27 shall remain so unless the Consultant is otherwise notified in writing by the County's 28 3 1 Director of Public Works and Planning or his/her designee(s) (hereinafter referred to as the 2 "Director"); and 3 WHEREAS, the individual listed in Appendix A, as the firm's "Consultant Project 4 Manager" is designated as the Consultant's Project Manager for this Agreement, and shall 5 remain so unless the Consultant requests and the Director approves, in writing, a change o 6 the Consultant's Project Manager, which approval will not be unreasonably withheld; and 7 Now, Therefore, in consideration of the mutual covenants, terms and conditions g herein contained, the parties hereto agree as follows: 9 1. Obligations of the Consultant 10 A. The County hereby contracts with the Consultant as an independent 11 contractor to provide the professional services enumerated in "Consultant's Scope of 12 Services" attached as Appendix B. 13 B. The Consultant's services shall be performed as expeditiously as is 14 consistent with professional skill and the orderly progress of the work, based on schedules 15 for each specific Project mutually agreed upon in advance by the Contract Administrator, 16 and the Consultant. 17 C. The Consultant's Project team staff shall be as listed in Appendix C, attached 18 hereto and incorporated herein. Any substitutions of personnel must be approved in 19 advance by the Contract Administrator, which approval shall not be unreasonably withheld. 20 The Consultant shall notify the Contract Administrator of the names and classifications of 21 employees assigned to each specific Project, and shall not reassign such employees to 22 other projects of the Consultant without notification to and prior approval by the Contract 23 Administrator. 24 D. The Consultant may retain, as subconsultants, specialists as the Consultant 25 requires to assist in completing the work in accordance with Article 16 "Subconsultants" 26 (and, if applicable to this Agreement, Article 24 "Disadvantaged Business Enterprises"). 27 E. Services provided by Consultant on Projects relating to the construction or 28 improvement of roads and bridges shall be done in accordance with American Association 4 1 of State Highway and Transportation Officials (AASHTO) requirements for applicable 2 structures. 3 F. All projects funded wholly or in part by Caltrans must conform to all 4 requirements imposed by Caltrans and the Federal Highway Administration (FHWA), as 5 specified in Chapter 10 of the Caltrans LAPM. 6 G. The services that may be furnished by the Consultant under this Agreement 7 are for all or a portion of the services the Consultant is allowed to provide within the 8 applicable professional discipline limits, as defined in California State License Law, for 9 various Projects on an as needed basis. 10 H. The Consultant agrees to provide the professional services that are 11 necessary for each Project when expressly authorized in writing by the Contract 12 Administrator. Such work by the Consultant shall not begin until the Consultant has 13 received a written Notice to Proceed (NTP) or Task Order from the Contract Administrator 14 authorizing the necessary service, agreed upon fee, and scope of work. 15 I. The Consultant shall submit proposals in response to requests issued by the 16 Contract Administrator on a project-by-project basis. The Consultant's proposal at a 17 minimum shall include, but not be limited to, staff qualifications, proposed method and 18 schedule for completing the task(s), completed federal forms and a sealed cost proposal. 19 The Consultant agrees that each professional or other individual performing work on any 20 such Project(s) shall be adequately trained to perform the work and shall possess the 21 proper license, certification or registration as required by law or by accepted standards of 22 the applicable profession. The Consultant agrees to provide the professional services that 23 are necessary to complete the requested tasks consistent with the scope of its contracted 24 discipline(s), as listed in Appendix B ("Scope"), when expressly authorized in writing by the 25 Contract Administrator. 26 J. Submissions of reports, plans, specifications, and estimates will be submitted 27 in the formats, quantities, and delivery methods delineated in Appendix D "Deliverables" 28 hereto unless other formats, quantities, and/or delivery methods have been mutually 5 1 agreed upon, in writing, prior to the Consultant's submittal. The Consultant shall verify 2 compatible format and quantity prior to final delivery. 3 K. Assist the County, at the Director's express, written authorization, with any 4 claim resolution process involving the construction contractor and the County as specified 5 hereunder, including serving as a witness in connection with any public hearing or legal 6 proceeding, and also including dispute resolutions required by law or hereunder. The 7 parties recognize that this clause is provided as a means of expediting resolution of claims 8 among the construction contractor, the County, and the Consultant. However, it is 9 understood the construction contractor is not an intended third-party beneficiary of this 10 clause. Compensation for these services shall be computed and invoiced at the same 11 hourly rates listed in Appendix E hereto, including travel costs that are being paid for the 12 Consultant's personnel services under this Agreement. Any assistance provided by the 13 Consultant as described in this Article 1, Section K shall be subject to the provisions of 14 Article 5 hereinafter, and shall also be subject to the following: 15 1. The Director may believe the Consultant's work under this Agreement 16 to have included negligent errors or omissions, or that the Consultant may otherwise have 17 failed to comply with the provisions of this Agreement, either generally or in connection with 18 its duties as associated with a particular Project; and that the cause(s) for a claim by the 19 construction contractor may be attributable, in whole or in part, to such conduct on the part 20 of the Consultant. Upon notice by the Director, the payments to the Consultant for such 21 arguably deficient services shall be held in suspense by the County until a final 22 determination has been made of the proportion that the Consultant's fault bears to the fault 23 of all other parties concerned. 24 2. Such amounts held in suspense shall not be paid to the Consultant, 25 pending the final determination as to the Consultant's proportional fault. However, the 26 appropriate percentage of such amount held in suspense shall be paid to the Consultant, 27 once a final determination has been made, and the Consultant thereafter submits a proper 28 invoice to the County. Payment shall be issued in accordance with the procedure outlined 6 1 in Article 5, Section E, Paragraph 2. 2 L. The Consultant's personnel shall typically be assigned to, and remain on, 3 specific Department projects/deliverables until completion and acceptance of the 4 project/deliverables by the Department. Personnel assigned by the Consultant shall be 5 available at the start of a Task Order and after acceptance of the project/deliverable by the 6 Department. 7 M. After the Contract Administrator's approval of the Consultant's personnel 8 proposal and finalization of a Task Order, the Consultant may not add or substitute 9 personnel without the Contract Administrator's prior written approval. 10 2. Obligations of the County 11 The County will: 12 A. Provide eligible Consultants the opportunity to compete for Task Orders on a 13 project-by-project basis by providing a miniature Request for Proposal (mini-RFP), except 14 as specified under Section B. The Consultant's eligibility for project types, disciplines, and 15 services is listed in Appendix B. 16 B. The County reserves the right to suspend competition under this Agreement 17 and engage the services of an eligible qualified consultant from the listing attached as 18 Appendix A, in the event that one or more of the following circumstances apply to the 19 needed work: 20 1. Service is available only from a single source; 21 2. There is an emergency which will not permit the time necessary to 22 conduct competitive negotiations; 23 3. After the mini-RFP is issued (as provided in the immediately preceding 24 Section A) competition is determined to be inadequate; 25 4. Services of expert witnesses for litigation or special counsel to assist 26 the County are needed. 27 C. Issue Task Orders on a project-by-project basis. Task Orders will at a 28 minimum include scope of work, location, and schedule for the Project. 7 1 D. Provide the Consultant with a Project Scope and Schedule, and compensate 2 the Consultant as provided in this Agreement. 3 E. Provide an individual Project Administrator to serve as a representative of the 4 County who will coordinate and communicate with the Consultant on all Project technical 5 work, to the extent appropriate, in an effort to facilitate the Consultant's performance of its 6 obligations in accordance with the provisions of this Agreement. 7 F. Provide basic plan sheet layouts as required. 8 G. Examine documents submitted to the County by the Consultant and timely 9 render decisions pertaining thereto. 10 H. Provide aerial photographs as required. 11 I. Provide copies of any available existing as-built plans and right-of-way 12 drawings from the County's files. 13 J. Provide list of property owners with addresses for notification of property 14 owners upon the Consultant's request. 15 K. Provide preliminary engineering survey data on existing structures and 16 topographic mapping in the formats, quantities, and delivery methods delineated in 17 Appendix D to the Consultant, if available. 18 L. Prepare all legal descriptions and drawings required for right-of-way 19 acquisition and/or temporary construction permits. 20 M. Provide limited assistance to Consultant, as may be appropriate under the 21 circumstances, in connection with Consultant's processing of required permits. 22 N. Give reasonably prompt consideration to all matters submitted for approval by 23 the Consultant in an effort to assist the Consultant in avoiding any substantial delays in the 24 Consultant's program of work. An approval, authorization, or request to the Consultant 25 given by the County, will be binding upon the County under the terms of this Agreement 26 only if it is made in writing and signed on behalf of the County by the Contract 27 Administrator. 28 8 1 3. Term of Agreement 2 A. The term of this Agreement shall be for a period of three (3) years, commencing 3 upon execution by the County, through and including the third anniversary of the execution 4 date. 5 B. The Consultant shall commence work promptly after receipt of a Notice to 6 Proceed or Task Order issued by the Contract Administrator. The period of performance for 7 Task Orders shall be in accordance with dates specified in the Task Order. No Task Order g will be written which would extend the period of performance beyond the expiration date of 9 this Agreement, the maximum term of which shall not exceed three (3) years. 10 4. Termination 11 A. Non-Allocation of Funds / Funding Requirements 12 The terms and conditions of this Agreement, and the services to be provided 13 hereunder, are contingent on the approval of funds by the appropriating government 14 agency. Should sufficient funds not be allocated, the services provided may be modified, or 15 this Agreement terminated, at any time by giving the Contractor thirty (30) days advance 16 written notice. This Agreement may be terminated without cause at any time by the County 17 upon thirty (30) calendar days' written notice. If the County terminates this Agreement, the 18 Consultant shall be compensated for services satisfactorily completed to the date of 19 termination based upon the compensation rates and subject to the maximum amounts 20 payable agreed to in Article 5, together with such additional services satisfactorily 21 performed after termination which are expressly authorized by the County to conclude the 22 work performed to date of termination. 23 B. Breach of Contract 24 The County may immediately suspend or terminate this Agreement in whole or in 25 part, where in the determination of the County there is: 26 1. An illegal or improper use of funds; 27 2. A failure to comply with any term of this Agreement; 28 3. A substantially incorrect or incomplete report submitted to the County; 9 1 4. An improperly performed service. 2 In no event shall any payment by the County constitute a waiver by the County of 3 any breach of this Agreement or any default which may then exist on the part of the 4 Consultant, nor shall any such payment impair or prejudice any remedy available to the 5 County with respect to the breach or default. The Director shall have the right to demand of 6 the Consultant the repayment to the County of any funds disbursed to the Consultant under 7 this Agreement, which, in the sole judgment of the County were not expended in 8 accordance with the terms of this Agreement. The Consultant shall promptly refund any 9 such funds upon demand. This Section survives the termination of this Agreement. 10 C. Without Cause 11 Under circumstances other than those set forth above, this Agreement may be 12 terminated by County upon the giving of thirty (30) days advance written notice of an 13 intention to terminate to Consultant. 14 5. Compensation, Allowable Costs and Payments 15 A. Maximum Cumulative Amount Available 16 The County has or will enter into up to 21 separate agreements, including this 17 Agreement, for performance of the Scope of Services identified hereinabove in Article 1, 18 Section A and more thoroughly in Appendix B attached hereto. The other Agreements are 19 to be entered into by the County with the other consultant firms listed, together with the 20 Consultant, on the list of consultant firms attached hereto as Appendix A. The total amount 21 payable by the County for all the Agreements combined shall not exceed a cumulative 22 maximum total value of Six Million Five Hundred Thousand Dollars ($6,500,000), which 23 "Not to Exceed Sum" hereinafter shall be referenced as the "NTE Sum". 24 It is understood and agreed that there is no guarantee, either expressed or implied, 25 that all or any specific portion of this maximum NTE Sum will be authorized under the On- 26 Call Engineering Consultant Agreements through Task Orders. It is further understood and 27 agreed that there is no guarantee, either expressed or implied, that any Task Order will be 28 assigned to the Consultant or that the Consultant will receive any payment whatsoever, 10 1 under the terms of this Agreement. Each time a Task Order is awarded under any of the 2 Agreements, the County shall send written notification to the Consultant and each of the 3 other consultants that entered into the Agreements. Each such notice shall identify the 4 cumulative total of funds allocated under all Task Orders issued hereunder as of that date, 5 and the remaining unencumbered amount of the NTE Sum. The Consultant acknowledges 6 and agrees that the Count shall not pay any amount under this Agreement that would 7 cause the NTE Sum to be exceeded, and the Consultant shall not enter into a Task Order 8 that exceeds the remaining unencumbered amount of the NTE Sum. 9 B. Consultant Fee 10 1. The approved Consultant's Cost Proposal is attached hereto as 11 Appendix E and incorporated by this reference as though fully set forth herein. If there is 12 any conflict between the provisions set forth in the text of this Agreement and the approved 13 Cost Proposal (Appendix E), this Agreement shall take precedence. 14 2. The hourly and cost rates listed in Appendix E for services 15 rendered by the Consultant and subconsultants shall remain in effect for the entire duration 16 of this Agreement unless adjusted in accordance with the provisions of Paragraphs 3, 5, or 17 6 of this Article 5, Section B. 18 3. The hourly rates paid for services performed by the Consultant and 19 by subconsultants of the Consultant and the rates for expenses incidental to the 20 Consultant's and its subconsultants' performance of services may be adjusted no more 21 than once annually for inflation, in accordance with the following provisions: the Consultant 22 may request new labor rates and new rates for expenses incidental to the Consultant's and 23 subconsultant's performance of services subject to written approval of the Contract 24 Administrator in accordance with the provisions of this Article 5, Section B. The Consultant 25 shall initiate the rate adjustment process by submitting to the Contract Administrator a 26 proposed adjusted fee schedule. The proposed adjusted fee schedule shall include 27 proposed hourly rates for all categories of the Consultant's and any subconsultants' wage 28 classifications and proposed rates for incidental expenses listed in Appendix E. The 11 1 proposed adjusted fee schedule shall not take effect unless approved in writing by the 2 Contract Administrator. The Consultant hereby acknowledges its understanding that 3 approval by the Contract Administrator of any upward adjustment in the hourly and cost 4 rates shall not provide a basis for any increase in the NTE Sum as set forth in Article 5, 5 Section A. 6 4. Expenses incidental to the Consultant's and any subconsultant's 7 performance of services under Article 5 of this Agreement shall be charged at the rates g listed in Appendix E, subject to any adjustments that may be approved in accordance with 9 Paragraphs 3, 5, or 6 of this Article 5, Section B. Unless incorporated in an adjusted fee 10 schedule approved by the Contract Administrator in accordance with Paragraphs 3, 5, or 6 11 of this Article 5, Section B, all other expenses incidental to the Consultant's and any 12 subconsultant's performance of the services under Article 1 of this Agreement that are not 13 specifically listed in Appendix E shall be borne by the Consultant. 14 5. In the event that, in accordance with Article 1, Section D, the 15 Contract Administrator approves the Consultant to retain additional subconsultants not 16 listed in Appendix H, hourly rates paid for services performed by such additional 17 subconsultants of the Consultant and the rates for expenses incidental to those additional 18 subconsultants' performance of services may be adjusted no more than once annually for 19 inflation, in accordance with Article 5, Section B, Paragraph 3. The first annual adjustment 20 of hourly and incidental expense rates for such additional subconsultants shall not be 21 submitted for approval prior to one year after the Contract Administrator's approval of the 22 retention of such additional subconsultant(s) by the Consultant. 23 6. Notwithstanding any other provisions in this Agreement, the 24 Contract Administrator may, at any time, authorize in writing the revision of the Consultant's 25 or subconsultant's list of rates for incidental expenses to include additional categories of 26 such expenses if, in the opinion of the Contract Administrator, such revision is necessary to 27 facilitate the Consultant's performance of the Project(s). 28 7. Reimbursement for transportation and subsistence costs shall not 12 1 exceed the rates as specified in the approved Cost Proposal (Appendix E). The Consultant 2 will be responsible for transportation and subsistence costs in excess of State rates. 3 8. The consideration to be paid to Consultant as provided herein, shall 4 be in compensation for all of Consultant's expenses incurred in the performance hereof, 5 including travel and per diem, unless otherwise expressly so provided. 6 C. Not used 7 D. Retention 8 In addition to any amounts withheld under Article 1, the Consultant agrees that the 9 County, at the discretion of the Contract Administrator, may withhold a five percent (5%) 10 retention from the earned compensation of the Consultant. If the Contract Administrator 11 determines that retention will not be withheld for a Project, the Contract Administrator will 12 so state in writing prior to commencement of the Project by the Consultant. The Contract 13 Administrator will identify in writing prior to commencement of the Project the Project- 14 specific prerequisites (such as successful completion of a Project phase, as an example) 15 for the release of retentions. 16 E. Payments 17 1. Progress payments will be made by the County upon receipt of the 18 Consultant's monthly invoices and approval by the Contract Administrator thereof based on 19 the Contract Administrator's evaluation of the completion of the respective components of 20 the assigned Project. Invoices shall clearly identify the Project by Name(s), the Phase, and 21 Task(s), comprising the work that is the subject of the invoice, the Notice to Proceed or 22 23 Task Order number, and the date(s) on which the work was performed. Invoices shall be 24 submitted together with the documentation identified below in Paragraph 5 of this Article 5, 25 Section E. Invoices shall be forwarded electronically to: 26 PWPBusinessOffice(a-),fresnocountyca.gov 27 2. Upon receipt of a proper invoice, the Contract Administrator will take 28 a maximum of ten (10) working days to review, approve, and submit it to the County 13 1 Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be 2 returned to the Consultant for correction and resubmittal. Payment, less retention if 3 applicable, will be issued to the Consultant within forty-five (45) calendar days of the date 4 the Auditor-Controller/Treasurer-Tax Collector receives the approved invoice. 5 3. The County is entitled to withhold a five percent (5%) retention from 6 the Consultant's earned compensation in accordance with the provisions of Article 5, 7 Section D of this Agreement. 8 4. An unresolved dispute over a possible error or omission may cause 9 payment of the Consultant fees in the disputed amount to be withheld by the County. 10 5. Concurrently with the invoices, the Consultant shall certify (through 11 copies of issued checks, receipts, or other County pre-approved documentation) that 12 complete payment, less a five percent (5%) retention if applicable, has been made to all 13 14 subconsultants as provided herein for all previous invoices paid by the County. However, 15 the parties do not intend that the foregoing creates, as to any subconsultants or 16 subcontractors, any purported third-party beneficiary status or any third-party beneficiary 17 rights whatsoever, and the parties do hereby expressly disclaim any such status or rights. 18 6. Final invoices, and separate invoices for retentions, shall be 19 submitted to Contract Administrator no later than thirty (30) days after the phase is 20 completed. Payment for retentions, if any, shall not be made until all services for the phase 21 are completed. 22 7. In the event the Director reduces the scope of the Consultant's work 23 under this Agreement for a specific Project (or discontinues a specific Project), whether due 24 to a deficiency in the appropriation of anticipated funding or otherwise, the Consultant will 25 be compensated on a pro rata basis for actual work completed and accepted by the 26 Director in accordance with the terms of this Agreement. 27 28 14 1 F. Notice to Proceed / Task Orders / Project Cost Proposal 2 1. Upon the acceptance of a project proposal submitted by the 3 Consultant in accordance with the provisions of Article 1, Section I, and if an agreement 4 has been reached on the negotiable items and total cost in connection therewith, then a 5 specific Project will be assigned to the Consultant through issuance by the Contract 6 Administrator of one or more Task Orders or Notices to Proceed (NTP). Task Orders may 7 be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both 8 of which must be based on the labor and other rates set forth in the Consultant's approved 9 Cost Proposal (Appendix E to this Agreement). 10 2. A Project Cost Proposal is of no force or effect and no expenditures 11 are authorized on a Project and work shall not commence until a Notice to Proceed for that 12 Project has been issued by the County. 13 3. If the Consultant fails to satisfactorily complete a deliverable 14 15 according to the schedule set forth in a Task Order, no payment will be made until the 16 deliverable has been satisfactorily completed. 17 4. When milestone or phase cost estimates are included in the Project 18 Cost Proposal and/or Task Order, the Consultant shall obtain prior written approval for a 19 revised Project Cost Proposal from the Contract Administrator before exceeding such 20 estimate. 21 5. The Consultant shall not commence performance of any work or 22 services hereunder until this Agreement has been formally approved by the County and a 23 Notice to Proceed on a specific Project has been issued by the County's Contract 24 Administrator. No payment will be made prior to approval or for any work performed by the 25 Consultant prior to the County's formal approval of this Agreement. 26 6. The period of performance for each Notice to Proceed shall be in 27 accordance with dates specified in the Notice to Proceed. Consistent with the provisions of 2s 15 1 Article 3, Section B, no Notice to Proceed will be issued that would extend the Consultant's 2 period of performance beyond the expiration date of this Agreement. 3 7. Notices to Proceed may not be used to amend any provision of this 4 Agreement or to expand the scope of the Consultant's work as authorized under the 5 provisions of this Agreement. 6 6. Independent Contractor 7 A. In performance of the work, duties and obligations assumed by the Consultant 8 under this Agreement, it is mutually understood and agreed that the Consultant, including any 9 and all of the Consultant's officers, agents, and employees will at all times be acting and 10 performing as an independent contractor, and shall act in an independent capacity and not as 11 an officer, agent, servant, employee, joint venturer, partner, or associate of the County. 12 Furthermore, the County shall have no right to control or supervise or direct the manner or 13 method by which the Consultant shall perform its work and function. However, the County 14 shall retain the right to administer this Agreement so as to verify that the Consultant is 15 performing its obligations in accordance with the terms and conditions thereof. 16 B. The Consultant and the County shall comply with all applicable provisions of law 17 and the rules and regulations, if any, of governmental authorities having jurisdiction over 18 matters the subject thereof. 19 C. Because of its status as an independent contractor, the Consultant shall have 20 absolutely no right to employment rights and benefits available to County employees. The 21 Consultant shall be solely liable and responsible for providing to, or on behalf of, its 22 employees all legally-required employee benefits. In addition, the Consultant shall be solely 23 responsible and save the County harmless from all matters relating to payment of the 24 Consultant's employees, including compliance with Social Security withholding and all other 25 regulations governing such matters. It is acknowledged that during the term of this 26 Agreement, the Consultant may be providing services to others unrelated to the County or to 27 this Agreement. 28 16 1 7. Modification / Change in Terms 2 A. This Agreement may be amended or modified only by mutual written agreement 3 of both parties. Except to the limited extent allowed under Article 5, Section B, and Article 4 7, Section C, and Article 16, Section A, any such written amendment to this Agreement 5 may be approved on the County's behalf only by its Board of Supervisors. 6 B. The Consultant shall only commence work covered by an amendment after the 7 amendment has been fully executed and written notification to proceed has been issued by 8 the Contract Administrator. 9 C. There shall be no change in Consultant's Project Manager or members of the 10 project team, as listed in Appendix A and the approved Cost Proposal (Appendix E, which 11 is incorporated as a part of this Agreement as provided in Article 5, Section 1), without prior 12 written approval by the County's Contract Administrator. Any substitutions of personnel 13 must be approved in advance by the Contract Administrator, which approval shall not be 14 unreasonably withheld. The Consultant shall notify the Contract Administrator of the names 15 and classifications of employees assigned to each specific Project and shall not reassign 16 such employees to other projects of the Consultant without notification to and prior approval 17 by the Contract Administrator. 18 8. Non-Assignment 19 Neither party shall assign, transfer or sub-contract this Agreement or any of its 20 respective rights or duties under this Agreement hereunder, without the prior written 21 consent of the other party. 22 9. Hold Harmless 23 A. The Consultant shall defend, hold harmless and indemnify the County, its 24 officers, agents, and employees, against the payment of any and all costs and expenses 25 (including reasonable attorney fees and court costs), damages, claims, suits, losses, and 26 liability for bodily and personal injury to or death of any person or for loss of any property, 27 economic loss or otherwise resulting from or arising out of any negligent or wrongful acts, 28 errors or omissions of the Consultant, its officers, agents, and employees, in performing or 17 1 failing to perform any work, services, or functions under this Agreement. Provided, 2 however, and notwithstanding the immediately preceding sentence, with respect to any 3 Project on which the Consultant has provided design professional services as defined by 4 Civil Code Section 2782.8(c), the Consultant has no obligation to pay for any defense 5 related cost prior to a final determination of its liability, based upon the percentage of 6 comparative fault (if any) finally determined to be attributable to the Consultant's 7 negligence, recklessness or willful misconduct. Following any such determination, the 8 Consultant shall be responsible to pay to the County the dollar amount of all such defense 9 costs incurred by the County that is commensurate with the finally determined percentage 10 of the Consultant's liability, based upon the final determination of the Consultant's 11 comparative fault. The provisions of this Article 9, Section A shall survive termination of this 12 Agreement. 13 B. The County and the Consultant hereby declare their mutual intent to 14 cooperate in the defense of any claim, suit, or other action alleging liability, arising from the 15 negligent performance or failure to perform of any County construction contractor (or its 16 subcontractor(s)) involved in the construction of any Project(s). Such cooperation may 17 include an agreement to prepare and present a cooperative defense after consultation with 18 the Consultant's professional liability insurance carrier. 19 10. Liability Insurance 20 Without limiting the County's right to obtain indemnification from the Consultant or 21 any third parties, the Consultant, at its sole expense, shall maintain in full force and effect, 22 the following insurance policies prior to commencement of any work for the County and, 23 thereafter, throughout the entire term of this Agreement. 24 A. Commercial General Liability 25 Commercial General Liability Insurance with limits of not less than Two Million 26 Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four 27 Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. The 28 County may require specific coverages including completed operations, products liability, 18 1 contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability 2 insurance deemed necessary because of the nature of this Agreement. 3 B. Automobile Liability 4 Comprehensive Automobile Liability Insurance with limits of not less than One 5 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. 6 Coverage should include any automobile's used in connection with this Agreement. 7 C. Professional Liability Insurance: 8 1. If the Consultant employs licensed professional staff in providing 9 services, Professional Liability Insurance with limits of One Million Dollars ($1,000,000.00) 10 per claim, Three Million Dollars ($3,000,000.00) annual aggregate. 11 2. The Professional Liability Insurance shall be kept in full force and 12 effect for a period of five (5) years from the date of substantial completion of the 13 Consultant's work as determined by the County. 14 D. Worker's Compensation 15 A policy of Worker's Compensation insurance as may be required by the California 16 Labor Code. 17 E. Additional Requirements Relating to Insurance 18 The Consultant shall obtain endorsements to the Commercial General Liability 19 insurance naming the County of Fresno, its officers, agents, and employees, individually and 20 collectively, as additional insured, but only insofar as the operations under this Agreement 21 are concerned. Such coverage for additional insured shall apply as primary insurance and 22 any other insurance, or self-insurance, maintained by the County, its officers, agents, and 23 employees shall be excess only and not contributing with insurance provided under the 24 Consultant's policies required herein. This insurance shall not be cancelled or changed 25 without a minimum of thirty (30) days advance written notice given to the County. 26 The Consultant hereby waives its right to recover from the County, its officers, agents, 27 and employees any amounts paid by the policy of worker's compensation insurance required 28 19 1 by this Agreement. The Consultant is solely responsible to obtain any endorsement to such 2 policy that may be necessary to accomplish such waiver of subrogation, but the Consultant's 3 waiver of subrogation under this paragraph is effective whether or not the Consultant obtains 4 such an endorsement. 5 Prior to commencing any such work under this Agreement, the Consultant shall 6 provide certificates of insurance and endorsements as stated above for all of the foregoing 7 policies, as required herein, to the County of Fresno, Erin Haagenson, Program Manager, 8 2220 Tulare St., Sixth Floor, Fresno, CA 93721, stating that such insurance coverages have 9 been obtained and are in full force; that the County of Fresno, its officers, agents and 10 employees will not be responsible for any premiums on the policies; that for such worker's 11 compensation insurance the Consultant has waived its right to recover from the County, it 12 officers, agents, and employees any amounts paid under the insurance policy and that waive 13 does not invalidate the insurance policy; that such Commercial General Liability insurance 14 names the County of Fresno, its officers, agents and employees, individually and collectively, 15 as additional insured, but only insofar as the operations under this Agreement are concerned; 16 that such coverage for additional insured shall apply as primary insurance and any other 17 insurance, or self-insurance, maintained by the County, its officers, agents and employees, 18 shall be excess only and not contributing with insurance provided under the Consultant's 19 policies herein; and that this insurance shall not be cancelled or changed without a minimum 20 of thirty (30) days advance, written notice given to the County. 21 All policies shall be issued by admitted insurers licensed to do business in the State 22 of California, and such insurance shall be purchased from companies possessing a current 23 A.M. Best, Inc. rating of A FSC VII or better. 24 The Consultant agrees that the bodily injury liability insurance herein provided for, 25 shall be in effect at all times during the term of this Agreement. In the event said insurance 26 coverage expires at any time or times during the term of this Agreement, Consultant agrees 27 to provide at least thirty (30) calendar days prior notice to said expiration date; and a new 28 Certificate of Insurance evidencing insurance coverage as provided for herein, for not less 20 1 than either the remainder of the term of the Agreement, or for a period of not less than one 2 (1) year. New Certificates of Insurance are subject to the approval of County. 3 In the event the Consultant fails to keep in effect at all times the insurance 4 coverages as required by this Article 10, the County may, in addition to any other remedies 5 it may have, suspend or terminate this Agreement upon occurrence of such failure, or may 6 purchase such insurance coverage and charge the cost of the coverage to the Consultant. 7 The County may offset such charges against any amounts owed by the County to the 8 Consultant under this Agreement. 9 11. Audits / Retention of Records 10 A. The Consultant shall at any time during business hours, and as often as the 11 County may deem necessary, make available to the County for examination all of its 12 records and data with respect to the matters covered by this Agreement. The Consultant 13 shall, upon request by the County, permit the County to audit and inspect all of such 14 records and data, including but not limited to, the costs of administering this Agreement, 15 necessary to ensure the Consultant's compliance with the terms of this Agreement (and 16 compliance with Public Contract Code 10115, et seq. and Title 21, California Code of 17 Regulations, Chapter 21, Section 2500 et seq., when applicable). 18 B. For the purpose of determining compliance with Gov. Code § 8546.7, the 19 Consultant, its subconsultants, and County shall maintain all books, documents, papers, 20 accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other 21 evidence pertaining to the performance of the Agreement including, but not limited to, the 22 costs of administering the Agreement. All parties, including the Consultant's Independent 23 CPA, shall make such workpapers and materials available at their respective offices at all 24 reasonable times during the Agreement period and for three (3) years from the date of final 25 payment under the Agreement. The County, Caltrans Auditor, FHWA, or any duly 26 authorized representative of the Federal government having jurisdiction under Federal laws 27 or regulations (including without limitation when such jurisdiction is based upon Federal 28 funding of the Project in whole or in part) shall have access to any books, records, and 21 1 documents of the Consultant, its subconsultants, and the Consultant's Independent CPA, 2 that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, 3 and transactions, and copies thereof shall be furnished if requested without limitation. It 4 shall be the responsibility of the Consultant to ensure that all subcontracts in excess of 5 $25,000 shall contain this provision. 6 C. This Article 11 survives the termination of this Agreement. 7 12. Notices 8 The delivery of all notices hereunder and communications regarding interpretation of 9 the terms of this Agreement and any proposed changes thereto, shall be accomplished by 10 sending an e-mail, addressed to the Contract Administrator and the Consultant's Project 11 Manager as identified on Pages 3 and 4 of this Agreement. For all claims arising out of or 12 related to this Agreement, nothing in this section establishes, waives, or modifies any 13 claims presentation requirements or procedures provided by law, including but not limited 14 to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning 15 with section 810). 16 13. Governing Law 17 Venue for any action arising out of or related to this Agreement shall only be in 18 Fresno County, California. 19 The rights and obligations of the parties and all interpretation and performance of 20 this Agreement shall be governed in all respects by the laws of the State of California. 21 14. Disclosure of Self-Dealing Transactions 22 This provision is only applicable if the Consultant is operating as a corporation (a for- 23 profit or non-profit corporation) or if during the term of this Agreement, the Consultant 24 changes its status to operate as a corporation. Members of the Consultant's Board of 25 Directors shall disclose any self-dealing transactions that they are a party to while the 26 Consultant is providing goods or performing services under this Agreement. A self-dealing 27 transaction shall mean a transaction to which the Consultant is a party and in which one or 28 more of its directors has a material financial interest. Members of the Board of Directors 22 1 shall disclose any self-dealing transactions that they are a party to by completing and 2 signing a Self-Dealing Transaction Disclosure Form, attached hereto as Appendix G and 3 incorporated herein by reference, and submitting it to the County prior to commencing with 4 the self-dealing transaction or immediately thereafter. 5 15. Electronic Signature 6 The parties agree that this Agreement may be executed by electronic signature as 7 provided in this section. 8 A. An "electronic signature" means any symbol or process intended by an g individual signing this Agreement to represent their signature, including but not limited to: 10 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an 11 electronically scanned and transmitted (for example by PDF document) version of an 12 original handwritten signature. 13 B. Each electronic signature affixed or attached to this Agreement: (1) is 14 deemed equivalent to a valid original handwritten signature of the person signing this 15 Agreement for all purposes, including but not limited to evidentiary proof in any 16 administrative or judicial proceeding; and (2) has the same force and effect as the valid 17 original handwritten signature of that person. 18 C. The provisions of this section satisfy the requirements of Civil Code section 19 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 20 Part 2, Title 2.5, beginning with section 1633.1). 21 D. Each party using a digital signature represents that it has undertaken and 22 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs 23 (1) through (5), and agrees that each other party may rely upon that representation. 24 E. This Agreement is not conditioned upon the parties conducting the 25 transactions under it by electronic means and either party may sign this Agreement with an 26 original handwritten signature. 27 16. Subconsultants 28 A. The Consultant may retain, as subconsultants, specialists in such engineering 23 1 disciplines (including, but not limited to, structural, mechanical, transportation, 2 environmental, water resources, electrical, surveying and geotechnical) as the Consultant 3 requires to assist in completing the work. The subconsultants listed in Appendix H, 4 attached hereto and incorporated herein, shall be considered as approved by the Contract 5 Administrator. Any other subconsultants proposed for use by the Consultant shall be 6 approved in writing by the Contract Administrator before they are retained by the 7 Consultant, which approval shall not be unreasonably withheld. g B. Should the Consultant retain any subconsultants, the maximum amount of 9 compensation to be paid to the Consultant under Article 5 shall not be increased. Any 10 additional compensation to be paid to the Consultant for such subconsultants' work shall be 11 limited to administrative time as defined in the fee proposal. Additional fees other than 12 those defined in the fee proposal shall not be reimbursed. 13 C. Consultant shall be as fully responsible to the County for the negligent acts 14 and omissions of its contractors and subcontractors or subconsultants, and of persons 15 either directly or indirectly employed by them, in the same manner as persons directly 16 employed by Consultant. 17 D. Nothing contained in this Agreement shall create any contractual relationship 18 between the County and any of the Consultant's subconsultants, and no subconsultant 19 agreement shall relieve the Consultant of any of its responsibilities and obligations 20 hereunder. The Consultant agrees to be as fully responsible to the County for the acts and 21 omissions of its subconsultants and of persons either directly or indirectly employed by any 22 of them as it is for the acts and omissions of persons directly employed by the Consultant. 23 The Consultant's obligation to pay its subconsultants is a separate and independent 24 obligation that is entirely unrelated to the County's obligation to make payments to the 25 Consultant. 26 E. The C shall perform the work contemplated with resources available within its 27 own organization; and no portion of the work pertinent to this contract shall be 28 subcontracted without prior written authorization by the Contract Administrator, excepting 24 1 only those portions of the work and the responsible subconsultants that are expressly 2 identified in Appendix H. 3 F. Any subcontract in excess of $25,000 entered into as a result of this 4 Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to 5 subcontractors. 6 G. The Consultant shall pay its subconsultants within fifteen (15) calendar days 7 from receipt of each progress payment made to the Consultant by the County. 8 H. Any substitution of subconsultant(s) must be approved in writing by the 9 Contract Administrator in advance of assigning work to a substitute subconsultant. 10 I. Prompt Progress Payment 11 The Consultant or subconsultant shall pay to any subconsultant, not later than fifteen 12 (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the 13 respective amounts allowed Consultant on account of the work performed by the 14 subconsultants, to the extent of each subconsultant's interest therein. In the event that 15 there is a good faith dispute over all or any portion of the amount due on a progress 16 payment from the Consultant or subconsultant to a subconsultant, the Consultant or 17 subconsultant may withhold no more than 150 percent (150%) of the disputed amount. Any 18 violation of this requirement shall constitute a cause for disciplinary action and shall subject 19 the violator to a penalty, payable to the subconsultant, of two percent (2%) of the amount 20 due per month for every month that payment is not made. 21 In any action for the collection of funds wrongfully withheld, the prevailing party shall 22 be entitled to his or her attorney's fees and costs. The sanctions authorized under this 23 requirement shall be separate from, and in addition to, all other remedies, either civil, 24 administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants. 25 J. Prompt Payment of Withheld Funds to Subconsultants 26 The County may hold retainage from the Consultant as provided in Article 5, Section 27 D. 28 1. If the County has elected to hold retainage for a Project under Article 5, 25 1 Section D, the County shall hold retainage from the Consultant and shall make prompt and 2 regular incremental acceptances of portions, as determined by the County of the contract 3 work and pay retainage to the Consultant based on these acceptances. The Consultant or 4 subconsultant shall return all monies withheld in retention from all subconsultants within 5 fifteen (15) days after receiving payment for work satisfactorily completed and accepted 6 including incremental acceptances of portions of the contract work by the County. Any 7 delay or postponement of payment may take place only for good cause and with the 8 County's prior written approval, in order to ensure prompt and full payment of any retainage 9 kept by the Consultant or subconsultant to a subconsultant. 10 Any violation of these provisions shall subject the violating Consultant or 11 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of 12 the California Civil Code. This requirement shall not be construed to limit or impair any 13 contractual, administrative or judicial remedies otherwise available to the Consultant or 14 subconsultant in the event of a dispute involving late payment or nonpayment by the 15 Consultant or deficient subconsultant performance and/or noncompliance by a 16 subconsultant. This clause applies to both DBE and non-DBE subconsultants. 17 2. If the County has elected not to hold retainage for a Project under Article 5, 18 Section D, no retainage will be held by the County from progress payments due to the 19 Consultant; and in such case, the Consultant and its subconsultants are prohibited from 20 holding retainage from their subconsultants. Any delay or postponement of payment may 21 take place only for good cause and with the County's prior written approval. 22 Any violation of these provisions shall subject the violating Consultant or 23 subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of 24 the California Civil Code. This requirement shall not be construed to limit or impair any 25 contractual, administrative or judicial remedies otherwise available to the Consultant or 26 subconsultant in the event of a dispute involving late payment or nonpayment by the 27 Consultant, or deficient subconsultant performance and/or noncompliance by a 28 subconsultant. This clause applies to both DBE and non-DBE subconsultants. 26 1 17. Conflict of Interest 2 A. The Consultant shall comply with the provisions of the Fresno County 3 Department of Public Works and Planning Conflict of Interest Code, attached hereto as 4 Appendix I and incorporated herein by this reference. Such compliance shall include the 5 filing of annual statements pursuant to the regulations of the State Fair Political Practices 6 Commission including, but not limited to, portions of Form 700. 7 B. During the term of this Agreement, the Consultant shall disclose any financial, 8 business, or other relationship with the County that may have an impact upon the outcome 9 of this contract, or any ensuing County construction project. The Consultant shall also list 10 current clients who may have a financial interest in the outcome of this contract, or any 11 ensuing County construction project, which will follow. 12 C. The Consultant certifies that it has disclosed to the County any actual, apparent, 13 or potential conflicts of interest that may exist relative to the services to be provided 14 pursuant to this Agreement. The Consultant agrees to advise the County of any actual, 15 apparent or potential conflicts of interest that may develop subsequent to the date of 16 execution of this Agreement. The Consultant further agrees to complete any statements of 17 economic interest if required by either County ordinance or State law. 18 D. The Consultant hereby certifies that it does not now have nor shall it acquire any 19 financial or business interest that would conflict with the performance of services under this 20 Agreement. 21 E. The Consultant hereby certifies that the Consultant or subconsultant and any firm 22 affiliated with the Consultant or subconsultant that bids on any construction contract or on 23 any Agreement to provide construction inspection for any construction project resulting 24 from this Agreement, has established necessary controls to ensure a conflict of interest 25 does not exist. An affiliated firm is one which is subject to the control of the same persons, 26 through joint ownership or otherwise. 27 F. The Consultant and affiliated subconsultants shall not submit bids, or sub-bids, 28 for the contract construction phase of the Project(s) assigned to the Consultant. The 27 1 Consultant and its subconsultants, and all other service providers, shall not provide any 2 Project-related services for, or receive any Project-related compensation from any 3 construction contractor, subcontractor or service provider awarded a construction contract 4 (hereinafter referred to as "contractor") for all or any portion of the Project(s) for which the 5 Consultant provides services hereunder. The Consultant and its subconsultants, and all 6 other service providers, may provide services for, and receive compensation from a 7 contractor who has been awarded a construction contract for all or any portion of the 8 Project(s), provided that any such services which are rendered, and any compensation g which is received therefor, relates to work outside the scope of the Agreement and does 10 not pose a conflict of interest. 11 G. Except for subconsultants or subcontractors whose services are limited to 12 providing surveying or materials testing information, no subcontractor who has provided 13 design services in connection with this contract shall be eligible to bid on any construction 14 contract, or on any contract to provide construction inspection for any construction project 15 resulting from this contract; provided, however, that this shall not be construed as 16 disallowing subcontractors who have provided design services for the Project from 17 performing, pursuant to this Agreement or other agreement with the County, construction 18 inspection services on behalf of the County for the Project. 19 18. Errors or Omissions Claims and Disputes 20 A. Definitions: 21 1. A "Consultant" is a duly licensed architect or engineer, or other provider of 22 professional services, acting as a business entity (owner, partnership, corporation, joint 23 venture or other business association) in accordance with the terms of an agreement with 24 the County. 25 2. A "Claim" is a demand or assertion by one of the parties seeking, as a 26 matter of right, adjustment or interpretation of contract terms, payment of money, extension 27 of time, change orders, or other relief with respect to the terms of the contract. The term 28 "Claim" also includes other disputes and matters in question between the County and the 28 1 Consultant arising out of or relating to the contract. Claims must be made by written notice. 2 The provisions of Government Code section 901, et seq., shall apply to every claim made 3 to the County. The responsibility to substantiate claims shall rest with the party making the 4 claim. The term "Claim" also includes any allegation of an error or omission by the 5 Consultant. 6 B. In the spirit of cooperation between the County and the Consultant, the following 7 procedures are established in the event of any claim or dispute alleging a negligent error, 8 act, or omission, of the Consultant. 9 1. Claims, disputes or other matters in question between the parties, arising 10 out of or relating to this Agreement, shall not be subject to arbitration, but shall be subject 11 to the following procedures. 12 2. The County and the Consultant shall meet and confer and attempt to 13 reach agreement on any dispute, including what damages have occurred, the measure of 14 damages and what proportion of damages, if any, shall be paid by either party. The parties 15 agree to consult and consider the use of mediation or other form of dispute resolution prior 16 to resorting to litigation. 17 3. If the County and the Consultant cannot reach agreement under Article 18, 18 Section B, Paragraph 2, the disputed issues may, upon concurrence by all parties, be 19 submitted to a panel of three (3) for a recommended resolution. The Consultant and the 20 County shall each select one (1) member of the panel, and the third member shall be 21 selected by the other two panel members. The discovery rights provided by California Code 22 of Civil Procedure for civil proceedings shall be available and enforceable to resolve the 23 disputed issues. Either party requesting this dispute resolution process shall, when invoking 24 the rights to this panel, give to the other party a notice describing the claims, disputes and 25 other matters in question. Prior to twenty (20) working days before the initial meeting of the 26 panel, both parties shall submit all documents such party intends to rely upon to resolve 27 such dispute. If it is determined by the panel that any party has relied on such 28 documentation but has failed to previously submit such documentation on a timely basis to 29 1 the other party, the other party shall be entitled to a twenty (20) working day continuance of 2 such initial meeting of the panel. The decision by the panel is not a condition precedent to 3 arbitration, mediation or litigation. 4 4. Upon receipt of the panel's recommended resolution of the disputed 5 issue(s), the County and the Consultant shall again meet and confer and attempt to reach 6 agreement. If the parties still are unable to reach agreement, each party shall have 7 recourse to all appropriate legal and equitable remedies. 8 C. The procedures to be followed in the resolution of claims and disputes may be 9 modified any time by mutual agreement of the parties hereto. 10 D. The Consultant shall continue to perform its obligations under this Agreement 11 pending resolution of any dispute, and the County shall continue to make payments of all 12 undisputed amounts due under this Agreement. 13 E. When a claim by either party has been made alleging the Consultant's negligent 14 error, act, or omission, the County and the Consultant shall meet and confer within twenty- 15 one (21) working days after the written notice of the claim has been provided. 16 19. Ownership of Data 17 A. All documents, including preliminary documents, calculations, and survey data, 18 required in performing services under this Agreement shall be submitted to, and shall 19 remain at all times the property of the County regardless of whether they are in the 20 possession of the Consultant or any other person, firm, corporation or agency. 21 B. The Consultant understands and agrees the County shall retain full ownership 22 rights of the drawings and work product of the Consultant for the Project, to the fullest 23 extent permitted by law. In this regard, the Consultant acknowledges and agrees the 24 Consultant's services are on behalf of the County and are "works made for hire," as that 25 term is defined in copyright law, by the County; that the drawings and work product to be 26 prepared by the Consultant are for the sole and exclusive use of the County, and that the 27 County shall be the sole owner of all patents, copyrights, trademarks, trade secrets and 28 other rights and contractual interests in connection therewith which are developed and 30 1 compensated solely under this Agreement; that all the rights, title and interest in and to the 2 drawings and work product will be transferred to the County by the Consultant to the extent 3 the Consultant has an interest in and authority to convey such rights; and the Consultant 4 will assist the County to obtain and enforce patents, copyrights, trademarks, trade secrets, 5 and other rights and contractual interests relating to said drawings and work product, free 6 and clear of any claim by the Consultant or anyone claiming any right through the 7 Consultant. The Consultant further acknowledges and agrees the County's ownership 8 rights in such drawings or work product, shall apply regardless of whether such drawings or 9 work product, or any copies thereof, are in possession of the Consultant, or any other 10 person, firm, corporation, or entity. For purposes of this Agreement the terms "drawings" 11 and "work product" shall mean all reports and study findings commissioned to develop the 12 Project design, drawings and schematic or preliminary design documents, certified 13 reproducibles of the original final construction contract drawings, specifications, the 14 approved estimate, record drawings, as-built plans, and discoveries, developments, 15 designs, improvement, inventions, formulas, processes, techniques, or specific know-how 16 and data generated or conceived or reduced to practice or learning by the Consultant, 17 either alone or jointly with others, that result from the tasks assigned to the Consultant by 18 the County under this Agreement. 19 C. If this Agreement is terminated during or at the completion of any phase under 20 Article 3, electronic and reproducible copies of report(s) or preliminary documents shall be 21 submitted by the Consultant to the County, which may use them to complete the Project(s) 22 at a future time. 23 D. If the Project is terminated at the completion of a construction document phase o 24 the Project, electronic and certified reproducibles on 4 mil thick double matte film of the 25 original final construction contract drawings, specifications, and approved engineer's 26 estimate shall be submitted by the Consultant to the County. 27 E. Documents, including drawings and specifications, prepared by the Consultant 28 pursuant to this Agreement are intended to be suitable for reuse by the County or others on 31 1 extensions of the services provided for Project. Any use of completed documents for 2 projects other than Project(s) and/or any use of uncompleted documents will be at the 3 County's sole risk and without liability or legal exposure to the Consultant. 4 The electronic files provided by the Consultant to the County are submitted for an 5 acceptance period lasting until the expiration of this Agreement (i.e., throughout the 6 duration of the contract term, including any extensions). Any defects the County discovers 7 during such acceptance period will be reported to the Consultant and will be corrected as 8 part of the Consultant's "Basic Scope of Work." g F. The Consultant shall not be liable for claims, liabilities or losses arising out of, or 10 connected with (1) the modification or misuse by the County or anyone authorized by the 11 County, of such CAD data, or (2) decline of accuracy or readability of CAD data due to 12 inappropriate storage conditions or duration; or (3) any use by the County, or anyone 13 authorized by the County, of such CAD data or other Project documentation for additions to 14 the Project for the completion of the Project by others, or for other projects; except to the 15 extent that said use may be expressly authorized, in writing, by the Consultant. 16 G. The County, on the discretion of its Board of Supervisors, may permit the 17 copyrighting of reports or other products. If copyrights are permitted, the Consultant hereby 18 agrees, and this Agreement shall be deemed to provide that the Federal Highway 19 Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce, 20 publish, or otherwise use, and to authorize others to use, the work for government 21 purposes. 22 20. Consultant's Legal Authority 23 The Contractor represents and warrants to the County that: 24 A. The Contractor is duly authorized and empowered to sign and perform its 25 obligations under this Agreement; and 26 27 28 32 1 B. The individual signing this Agreement on behalf of the Contractor is duly 2 authorized to do so and his or her signature on this Agreement legally binds the Contractor 3 to the terms of this Agreement. 4 21. Binding Upon Successors 5 This Agreement shall be binding upon and inure to the benefit of the parties and 6 their respective successors in interest, assigns, legal representatives, and heirs. 7 22. Severability 8 If any part of this Agreement is determined by a court of competent jurisdiction to be 9 unlawful or otherwise unenforceable, then this Agreement shall be construed as not 10 containing such provision, and all other provisions which are otherwise lawful shall remain 11 in full force and effect, and to this end the provisions of this Agreement are hereby declared 12 to be severable. 13 23. State Prevailing Wage Rates 14 A. No Consultant or subconsultant may be awarded an Agreement containing public 15 work elements unless registered with the Department of Industrial Relations (DIR) pursuant 16 to Labor Code section 1725.5. Registration with DIR must be maintained throughout the 17 entire term of this Agreement, including any subsequent amendments. 18 B. The Consultant shall comply with all of the applicable provisions of the California 19 Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate 20 Determinations applicable to work under this Agreement are available from the Department 21 of Industrial Relations website http://www.dir.ca.gov. These wage rates are made a specific 22 part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be 23 applicable to work performed at a construction project site. Prevailing wages will be 24 applicable to all inspection work performed at County construction sites, at County facilities 25 and at off-site locations that are set up by the construction contractor or one of its 26 subcontractors solely and specifically to serve County projects. Prevailing wage 27 requirements do not apply to inspection work performed at the facilities of vendors and 2s 33 1 commercial materials suppliers that provide goods and services to the general public. 2 C. Payroll Records 3 1. Each Consultant and subconsultant shall keep accurate certified 4 payroll records and supporting documents as mandated by Labor Code section 1776 and 5 as defined in 8 CCR § 16000 showing the name, address, social security number, work 6 classification, straight time and overtime hours worked each day and week, and the actual 7 per diem wages paid to each journeyman, apprentice, worker, or other employee employed 8 by the Consultant or subconsultant in connection with the public work. Each payroll record 9 shall contain or be verified by a written declaration that it is made under penalty of perjury, 10 stating both of the following: 11 a. The information contained in the payroll record is true and correct. 12 b. The employer has complied with the requirements of Labor Code sections 13 1771 , 1811, and 1815 for any work performed by his or her employees on the public works 14 project. 15 2. The payroll records enumerated under paragraph (1) above shall be 16 certified as correct by the Consultant under penalty of perjury. The payroll records and all 17 supporting documents shall be made available for inspection and copying by County 18 representatives at all reasonable hours at the principal office of the Consultant. The 19 Consultant shall provide copies of certified payrolls or permit inspection of its records as 20 follows: 21 a. A certified copy of an employee's payroll record shall be made 22 available for inspection or furnished to the employee or the employee's authorized 23 representative on request. 24 b. A certified copy of all payroll records enumerated in paragraph (1) 25 above, shall be made available for inspection or furnished upon request to a representative 26 of the County, the Division of Labor Standards Enforcement and the Division of 27 Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls 28 submitted to the County, the Division of Labor Standards Enforcement and the Division of 34 1 Apprenticeship Standards shall not be altered or obliterated by the Consultant. 2 C. The public shall not be given access to certified payroll records by the 3 Consultant. The Consultant is required to forward any requests for certified payrolls to the 4 County Contract Administrator by both email and regular mail on the business day following 5 receipt of the request. 6 3. Each Consultant shall submit a certified copy of the records 7 enumerated in paragraph (1) above, to the entity that requested the records within ten (10) 8 calendar days after receipt of a written request. 9 4. Any copy of records made available for inspection as copies and 10 furnished upon request to the public or any public agency by the COUNTY shall be marked 11 or obliterated in such a manner as to prevent disclosure of each individual's name, address, 12 and social security number. The name and address of the Consultant or subconsultant 13 performing the work shall not be marked or obliterated. 14 5. The Consultant shall inform the County of the location of the records 15 enumerated under paragraph (1) above, including the street address, city and county, and 16 shall, within five (5) working days, provide a notice of a change of location and address. 17 6. The Consultant or subconsultant shall have ten (10) calendar days in 18 which to comply subsequent to receipt of written notice requesting the records enumerated 19 in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within 20 the ten (10) day period, he or she shall, as a penalty to the County, forfeit one hundred 21 dollars ($100) for each calendar day, or portion thereof, for each worker, until strict 22 compliance is effectuated. Such penalties shall be withheld by the County from payments 23 then due. The Consultant is not subject to a penalty assessment pursuant to this section 24 due to the failure of a subconsultant to comply with this section. 25 D. When prevailing wage rates apply, the Consultant is responsible for verifying 26 compliance with certified payroll requirements. Invoice payment will not be made until the 27 invoice is approved by the County Contract Administrator. 28 35 1 E. Penalty 2 1. The Consultant and any of its subconsultants shall comply with Labor 3 Code section 1774 and 1775. Pursuant to Labor Code section 1775, the Consultant and 4 any subconsultant shall forfeit to the County a penalty of not more than two hundred dollars 5 ($200) for each calendar day, or portion thereof, for each worker paid less than the 6 prevailing rates as determined by the Director of DIR for the work or craft in which the 7 worker is employed for any public work done under the Agreement by the Consultant or by 8 its subconsultant in violation of the requirements of the Labor Code and in particular, Labor 9 Code section 1770 to 1780, inclusive. 10 2. The amount of this forfeiture shall be determined by the Labor 11 Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of 12 the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the 13 previous record of the Consultant or subconsultant in meeting their respective prevailing 14 wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct 15 rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct 16 rates of prevailing wages is not excusable if the Consultant or subconsultant had 17 knowledge of the obligations under the Labor Code. The Consultant is responsible for 18 paying the appropriate rate, including any escalations that take place during the term of the 19 Agreement. 20 3. In addition to the penalty and pursuant to Labor Code section 1775, the 21 difference between the prevailing wage rates and the amount paid to each worker for each 22 calendar day or portion thereof for which each worker was paid less than the prevailing 23 wage rate shall be paid to each worker by the Consultant or subconsultant. 24 4. If a worker employed by a subconsultant on a public works project is 25 not paid the general prevailing per diem wages by the subconsultant, the prime Consultant 26 of the project is not liable for the penalties described above unless the prime Consultant 27 had knowledge of that failure of the subconsultant to pay the specified prevailing rate of 28 wages to those workers or unless the prime Consultant fails to comply with all of the 36 1 following requirements: 2 a. The Agreement executed between the Consultant and the 3 subconsultant for the performance of work on public works projects shall include a copy of 4 the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 5 b. The Consultant shall monitor the payment of the specified general 6 prevailing rate of per diem wages by the Subconsultant to the employees by periodic 7 review of the certified payroll records of the subconsultant. 8 C. Upon becoming aware of the subconsultant's failure to pay the 9 specified prevailing rate of wages to the subconsultant's workers, the Consultant shall 10 diligently take corrective action to halt or rectify the failure, including but not limited to, 11 retaining sufficient funds due the subconsultant for work performed on the public works 12 project. 13 d. Prior to making final payment to the subconsultant for work performed 14 on the public works project, the Consultant shall obtain an affidavit signed under penalty of 15 perjury from the subconsultant that the subconsultant had paid the specified general 16 prevailing rate of per diem wages to the subconsultant's employees on the public works 17 project and any amounts due pursuant to Labor Code section 1813. 18 5. Pursuant to Labor Code section 1775, the County shall notify the 19 Consultant on a public works project within fifteen (15) calendar days of receipt of a 20 complaint that a subconsultant has failed to pay workers the general prevailing rate of per 21 diem wages. 22 6. If the County determines that employees of a subconsultant were not 23 paid the general prevailing rate of per diem wages and if the County did not retain sufficient 24 money under the Agreement to pay those employees the balance of wages owed under the 25 general prevailing rate of per diem wages, the Consultant shall withhold an amount of 26 moneys due the subconsultant sufficient to pay those employees the general prevailing rate 27 of per diem wages if requested by the County. 28 37 1 F. Hours of Labor 2 Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a 3 penalty to the County, twenty-five dollars ($25) for each worker employed in the execution 4 of the Agreement by the Consultant or any of its subconsultants for each calendar day 5 during which such worker is required or permitted to work more than eight (8) hours in any 6 one calendar day and forty (40) hours in any one calendar week in violation of the 7 provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, 8 except that work performed by employees in excess of eight (8) hours per day, and forty 9 (40) hours during any one week, shall be permitted upon compensation for all hours 10 worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less 11 than one and one half (1.5) times the basic rate of pay, as provided in section 1815. 12 G. Employment of Apprentices 13 1. Where either the prime Agreement or the subconsultant agreement 14 exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under 15 him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 16 1777.6 and 1777.7 in the employment of apprentices. 17 2. Consultant and all subconsultants are required to comply with all Labor 18 Code requirements regarding the employment of apprentices, including mandatory ratios of 19 journey level to apprentice workers. Prior to commencement of work, the Consultant and 20 subconsultants are advised to contact the DIR Division of Apprenticeship Standards 21 website at https://www.dir.ca.gov/das/, for additional information regarding the employment 22 of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. The 23 Consultant is responsible for all subconsultants' compliance with these requirements. 24 Penalties are specified in Labor Code section 1777.7. 25 Articles 24-39 Not used 26 40. Entire Agreement 27 This Agreement constitutes the entire agreement between the Consultant and 28 County with respect to the subject matter hereof and supersedes all previous negotiations, 38 1 proposals, commitments, writings, advertisements, publications, and understandings of any 2 nature whatsoever unless expressly included in this Agreement. In the event of any 3 inconsistency in interpreting the documents which constitute this Agreement, the 4 inconsistency shall be resolved by giving precedence in the following order of priority: (1) 5 the text of this Agreement (2) the County's Request for Qualification "On-Call A&F, and (3) 6 the Consultant's Statement of Qualification made in response to County's Request for 7 Qualification. In consideration of promises, covenants and conditions contained in this 8 Agreement, the Consultant and the County, and each of them, do hereby agree to diligently 9 perform in accordance with the terms and conditions of this Agreement, as evidenced by 10 the signatures below. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39 1 41. Signatures 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date 3 set forth above. 4 5 CONT ACTOR COUNTY OF FRESNO Digitally signed by Steve 6 St�+} �p� White eve V V kite.Date:2025.o6.18 (Aga= d Signature) Steven White, Director 7 Department of Public Works and 8 Kevin P. Quan, Vice President Planning Print Name & Title 9 10 DLR Group 1050 20th Street, #250 11 Sacramento, CA 95811 12 APPROVED AS TO LEGAL FORM 13 Daniel C. Cederborg, County Counsel Digitally signed by 14 Zachary Zachary Adams By: Adams Date 2025.06.04 15 _ 13431n-a�na 16 APPROVED AS TO ACCOUNTING 17 FORM Oscar J. Garcia, CPA, 18 Auditor-Controller/Treasurer- Tax Collector 19 ©"A 9- , 20 By: Oscar Garcia(Jun 9,2025 12:21 PDT) 21 22 FOR ACCOUNTING USE ONLY: 23 Fund: 0001 / 0010 / 0400 / 0700 / 0701 / 0710 / 0720 / 0801 24 Subclass: 10000 / 11000 / 15000 / 15001 / 16900 / 10052 /10053 / 10061 / 10063 / 10065 10067 25 Org: 4360 /4365 /45104511 /45104512 /45104513 /45104514 /7205 / 7910 / 8852 / 8853 26 / 8861 / 8863 / 8865 / 8867 / 9015 / 9020 / 9026 / 9028 / 9140 27 Account- 7295 28 40 Appendix A — List of All Consultants and Project Managers Bedrock Engineering, Inc. Dixon &Associates, Inc PO Box 25783 620 Dewitt Avenue, Ste 101 Fresno, CA 93729-5783 lovis, CA 93612-1860 Project Manager: Michael Hartley Project Manager: Aaron Spray sales(a)bed rockeng.com aaron dixonsurveying.com (559) 645-4849 (559) 297-4200 Black Water Consulting Engineers DLR Group 155 E Shaw Avenue, Suite 206 1050 20th Street, #250 Fresno, CA 93710 Sacramento, CA 95811 Project Manager: Nick Zaninovich Project Manager: Kevin Quan nick _blackwater-eng.com kguan(a-�dlrgroup.com (559) 375-1522 (702) 271-2983 Blair, Church & Flynn Consulting Engineers EKI Environment &Water, Inc. 451 Clovis Ave Suite 200 2001 Junipero Serra Blvd Ste 300 Clovis, CA 93612-1194 Daly City, CA 94014-3887 Project Manager: David Mowry, PE Project Manager: Susan Xie, PE dmowry anbcf-engr.com sxie anekiconsult.com (559) 326-1400 (650) 292-9135 Construction Scheduling Experts Luhdorff and Scalmanini Consulting Engineers 80 Powers Drive 500 1 st Street El Dorado Hills, CA 95762-4493 Woodland, CA 95695-4026 Project Manager: Dave Somanchi Project Manager: William Halligan dsomanchi(a)schedulingexperts.com whalligan(cDlsce.com (916) 396-1588 (530) 661-0109 Page 1 of 3 Melton Design Group, Inc. Provost & Pritchard Consulting Group 820 Broadway St 455 W Fir Avenue Chico, CA 95928-5529 Clovis, CA 93611-0242 Project Manager: Greg Melton Project Managers: Analisa Gonzales - Surveying, greg(ameltondg.com Josh Bridegroom - Transportation Planning, Gretchen Heisdorf— SWPPP (530) 518-7593 agonzales(cDppenq.com (surveying) 0bridegroom(@ppenq.com (Transportation Planning) Net Positive Consulting Engineers gheisdorf(aDppeng.com (SWPPP) 5 E River Park PI E Suite 303 (559) 449-2700 Fresno, CA 93720-1560 Project Manager: Jonathan Schlundt, PE Sierra West Consulting Group, Inc 0schlundt(a-�npceng.com 9700 Business Park Drive Ste. 102 (559) 365-0974 Sacramento, CA 95827-1712 Project Manager: John Moreno PBK Architects I more no(a)_sierrawestgrouP.com 895 W. Ashlan Avenue, Suite 101 (916) 925-4000 Clovis, CA 93612 Project Manager: Garen Lencioni TDG Engineering, Inc. (Toole Design Group, LLC) garen.lencioni(aD-leafengineers.com 360 22nd Street, Suite 501 559) 223-9600 Oakland, CA 94612 Project Manager: Alison Mills Pezzoni Engineering, Inc. amills(cDtooledesign.com 1150 9th Street, Ste 1415 (510) 298-0740 x168 Modesto, CA 95354-0823 Project Manager: Kevin Pezzoni TJKM Transportation Consultants KPezzoni(a)Pezengr.com 4305 Hacienda Drive, Suite 550 (209) 554-4602 Pleasanton, CA 94588 Project Manager: Ruta Jariwala Precision Civil Engineering jariwala(cDtikm.com 1234 O Street (408) 421-0768 Fresno, CA 93721-1830 Project Manager: Craig Roberts, MS, PE gcroberts(aD-precisioneng.net (559) 449-4500 Page 2of3 VRPA Technologies 4630 W Jennifer Avenue, Suite 105 Fresno, CA 93722-6415 Project Manager: Erik Ruehr, P.E., T.E. comeruehr(aD-vrpatechnologies.com (858) 361-7151 Westwood Professional Services 1165 Scenic Drive, Suite A Modesto, CA 95350-6155 Project Manager: Kristen Scheidt kristen.scheidt(a�westwoodps.com (209) 571-1765 Willdan Engineering 2014 Tulare Street, Suite 515 Fresno, CA 93721-2011 Project Manager: Tyrone Peter teeter willdan.com (714) 393-1963 Woodard & Curran, inc. 2175 N. California Boulevard, Suite 315 Walnut Creek, CA 94596 Project Manager: Jim Strandberg, PG, CHG, CEG I strand berg(a)woodardcurran.com (925) 627-4122 Page 3of3 Consultant's Scope of Services — Appendix B Consultant Eligible Services Form Consultant Firm: DLR Group CONSULTANT is approved for these services: Discipline On-Call Federally Funded Projects Architectural Drafting and Design X Assessment Engineering Certified Access Specialist (CASP) X Certification Cost Estimating Validation Construction Scheduling Analysis Electrical Engineering Landscaping Architecture Plumbing and Mechanical Engineering Qualified SWPPP Developer and/or Practitioner Surveying Traffic Engineering Transportation Planning Utility Locating Water Resource Operators Water and Natural Resources En ineerin CONSULTANT is responsible for all services listed within this scope document for the discipline(s), funding sources and category of service (on-call and/or on-call staff augmentation) which they have been indicated above as well as services listed across discipline. Rev. 01/09/25 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services Table of Contents Tableof Contents............................................................................................................2 Descriptions of Work by Discipline .................................................................................. 3 Architectural Design and Drafting ................................................................................ 3 Certified Access Specialist (GASP) Certification.......................................................... 3 On-Call Services .............................................................................................................4 TechnicalReports........................................................................................................4 Preparation of Various Reports and Studies................................................................4 PreliminaryEngineering............................................................................................... 5 Prepare Design Plans, Technical Specifications and Construction Estimate............... 5 Construction Observation ............................................................................................ 7 ProjectDesign ............................................................................................................. 9 EngineeringSupport.................................................................................................. 10 2of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services Descriptions of Work by Discipline Architectural Design and Drafting 1. Architectural design and drafting, including without limitation the design of County capital projects as well as homes, duplexes, fourplexes and multifamily developments. 2. Drawings and Specifications for Schematic Design, Design Development, and/or Construction Document. 3. 3D renderings upon request for board presentations. 4. Review and respond to architectural RFls and Submittals during bidding and construction. Certified Access Specialist (CASP) Certification Site and building accessibility assessment reports to include barrier descriptions, photos, code references, severity, and potential cost impact to remove barrier. 3of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services On-Call Services Technical Reports Applies to all disciplines Description of Work Prepare a detailed preliminary engineering report for the project in Department format. The report shall contain all necessary information in sufficient detail to propose the project design. Requirements of Specified Services 1. Ascertain the requirements for Technical Reports through meetings with the PROJECT ADMINISTRATOR and a review of existing information on the PROJECT(S). 2. The CONSULTANT shall prepare and submit technical reports to the PROJECT ADMINISTRATOR for each assigned PROJECT. Technical reports shall be prepared in accordance with the appropriate format required by local, state and federal laws, regulations and guidelines. 3. When requested by the PROJECT ADMINISTRATOR, the CONSULTANT shall attend meetings with the COUNTY, federal, state and/or local representatives to discuss and review the technical report. The CONSULTANT shall prepare brief minutes of meetings attended and promptly submit the minutes to the PROJECT ADMINISTRATOR within seven (7) days. 4. The CONSULTANT shall submit each technical report to the PROJECT ADMINISTRATOR for transmittal to other appropriate agencies for their review and approval. The CONSULTANT shall revise and resubmit each technical report as necessary until approved by all appropriate agencies. 5. The CONSULTANT shall prepare and submit technical studies and estimates in the formats, quantities, and delivery methods delineated in Appendix C. The CONSULTANT shall verify compatible format and quantity prior to final delivery. Preparation of Various Reports and Studies Applies to all disciplines. Description of Work 1. Analyze project budget; 4of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 2. Review existing engineering reports from the Department as available; 3. Prepare a detailed project cost estimate, which shall identify the components and requirements of the project; and 4. Prepare a detailed report or study in Department format. Preliminary Engineering Applies to the following disciplines: Electrical Engineering Landscape Architecture Plumbing and Mechanical Engineering Traffic Engineering Water and Natural Resources Architectural Design and Drafting Engineering Description of Work 1. Prepare a detailed preliminary engineering report for the project in Department format. The report shall contain all necessary information in sufficient detail to propose the project design; and 2. Prepare site plans and grading plans identifying basis of bearing, location of benchmark used and source of elevation (vertical) datum. Prepare Design Plans, Technical Specifications and Construction Estimate Applies to the following disciplines: Electrical Engineering Landscape Architecture Plumbing and Mechanical Engineering Traffic Engineering Water and Natural Resources Architectural Design and Drafting Engineering General Description of Work 1. Complete fully the project designs to include comprehensive construction plans, earthwork volumes, required permits, technical specifications, cross-sections and final opinion of probable construction cost (Engineer's Estimate) for construction. 2. Apply urban design principals that meet the needs of the individual communities. 3. Submit the recommended construction period for bidding purposes to the County for approval and identify materials and equipment requiring long delivery times that will control the length of the construction Agreement. 5of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 4. Prepare addenda as necessary for bid documents. Requirements of Specified Services When Requested The CONSULTANT shall: 1. Ascertain the requirements for the assigned PROJECT(S) through meetings with the PROJECT ADMINISTRATOR and a review of an existing schematic layout of the PROJECT(S). 2. Ascertain any requirements, unforeseen criteria, or issues for the PROJECT(S) that may be unknown to the PROJECT ADMINISTRATOR and communicate these requirements, criteria, or issues to the PROJECT ADMINISTRATOR. 3. Design the PROJECT(S) to conform to requirements of the reviewing agencies having jurisdiction over the PROJECT(S). 4. Design PROJECT(S) to include mitigation measures as required or specified in the environmental documents. 5. Monitor and keep the PROJECT ADMINISTRATOR informed regarding the impact of design issues on the PROJECT budget. Upon the written request, the CONSULTANT shall incorporate into the design, such reasonable design and operational changes as the PROJECT ADMINISTRATOR deems appropriate as a result of the COUNTY'S review processes and impact on each PROJECT budget or estimate. 6. Assist the COUNTY in determining all permits that may be required for the PROJECT and prepare all necessary permits for the COUNTY'S submittal to outside agencies. 7. Work with the PROJECT ADMINISTRATOR to ensure that the plans, specifications and estimate meet all requirements to be advertised for construction bids. 8. If required by approval agencies or PROJECT ADMINISTRATOR, submit to the COUNTY in the appropriate agency forms, the PROJECT background information and recommended testing and inspection list for materials to be used, identifying type, quantity, frequency, and schedule, for each PROJECT. Submit required numbers of sets of plans, specifications, and other documents required by approval agencies to the PROJECT ADMINISTRATOR. 9. Submit to the PROJECT ADMINISTRATOR plans, specifications and estimates for review in the formats, quantities, and delivery methods delineated in Appendix C. Prior to submission of plans, the CONSULTANT shall request from the PROJECT ADMINISTRATOR examples of acceptable drafting format and reproducible standards. Verification of compatible format will be required prior to final file delivery. The PROJECT ADMINISTRATOR, at his/her discretion, may reject a submittal that is determined insufficient. 6of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 10. The original drawings and specifications index sheet shall be stamped by a seal with the CONSULTANT'S and subconsultant's license numbers and/or signed in accordance with the California Business and Professions Code. Construction Observation Applies to the following disciplines: Certified Access Specialist (CASP) Cost Estimating Validation Certification Electrical Engineering Landscape Architecture Plumbing and Mechanical Engineering Traffic Engineering Qualified SWPPP Developer and/or Water and Natural Resources Practitioner Engineering Professional Project Scheduler Architectural Design and Drafting General Description of Work 1. Attend the pre-construction conference scheduled by the Department; and 2. Provide services during construction including, but not limited to: a. Make recommendations to the Department on all claims of the Department or construction contractor and all other matters relating to the execution and progress of work, including interpretation of the Agreement documents. b. Review and make recommendations for samples, schedules, shop drawings and other submissions for general conformance with the design concept of the project and for general compliance with the plans and specifications and information given by the consultant's contract documents. c. Respond timely to requests from the Department and contractor for information needed from consultant in order to clarify construction plans and specification to review the contractor's estimates for all other charges. d. Recommend and prepare necessary change orders and associated engineer's estimate. e. Assist the Department, at the Department's express, written authorization, with any claim resolution process involving the Department's construction contractor and the Department, including serving as a witness in connection with any legal proceedings or dispute resolution processes required by law. Requirements of Specified Services When Requested The CONSULTANT shall: 7of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 1. When requested by the PROJECT ADMINISTRATOR, attend meetings with the COUNTY, and/or any federal, state and/or local representatives. The CONSULTANT shall prepare brief minutes of all meetings attended and promptly submit those minutes to the PROJECT ADMINISTRATOR within seven (7) calendar days. 2. Make recommendations to the COUNTY on all claims of the COUNTY or the construction contractor and all other matters relating to the execution and progress of work, including interpretation of the contract documents for the PROJECT. 3. Within seven (7) calendar days of the COUNTY'S request, review and make recommendations for samples, schedules, shop drawings, and other submissions for general conformance with the design concept of the PROJECT(S) and for general compliance with the plans and specifications and information provided by the contract documents for the PROJECT. 4. Within two (2) working days, respond to requests from the PROJECT ADMINISTRATOR for information needed from the CONSULTANT in order to clarify construction plans and specifications and to review the construction contractor's cost estimates for all change orders. 5. Recommend and assist in the preparation of such change orders as deemed necessary with supporting documentation, calculations and estimate, for review and issuance of change orders by the COUNTY Construction Engineer to obtain appropriate agency acceptance and approval. 6. At intervals appropriate to the stage of construction, or as otherwise deemed necessary by the CONSULTANT, visit the site of the PROJECT(S) as necessary to become familiar generally with the progress and quality of the work and to determine whether the work is proceeding in general accordance with the contract documents. The CONSULTANT shall not be required to make exhaustive or continuous onsite inspections but shall give direction to the Construction Inspector as hereinafter more specifically provided. The CONSULTANT shall not be responsible for the construction contractor's failure to carry out the construction work in accordance with the contract documents. However, the CONSULTANT shall immediately advise the PROJECT ADMINISTRATOR of any known or observed deviation from the contract documents. 7. Not have control over or charge of, and shall not be responsible for construction means, methods, techniques, sequence, or procedure, or for the safety precautions, programs, or equipment in use in connection with the work, since these are solely the construction contractor's responsibility under the contract for construction. 8. Submit progress reports on each specific PROJECT in accordance with the task order. These reports shall be submitted at least once a month. The report shall be sufficiently detailed for PROJECT ADMINISTRATOR to determine if the CONSULTANT is performing to expectations or is on schedule, to provide 8of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services communication of interim findings, and so sufficiently address any difficulties or special problems encountered so remedies can be developed. 9. Advise the PROJECT ADMINISTRATOR of defects and deficiencies observed in the work of the construction contractor and may recommend that the DIRECTOR reject work as failing to conform to the contract documents. 10. Conduct site visits and field observations to facilitate recommendations by the CONSULTANT regarding: a. dates of substantial completion b. dates of final completion c. the DIRECTOR'S acceptance of the work d. the DIRECTOR'S filing of the Notice of Completion and Issuance of Final Certificate for payment e. other issues which may require site visits 11. Control of Construction Project Site The COUNTY agrees that in accordance with generally accepted practices, the COUNTY'S construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction projects; including safety of all persons and property, and that this requirement shall be made to apply continuously during projects and not be limited to normal working hours. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, project means, methods, techniques, sequences or procedures, as these are solely the responsibility of the construction contractor. The CONSULTANT shall not have the authority to stop or reject the work of the construction contractor. Project Design Applies to the following disciplines: Electrical Engineering Landscape Architecture Architectural Design and Drafting Description of Work Provide complete designs and produce biddable plan sets and accompanying specifications for various projects using Civil 3D software, AutoCAD, Revit, as 9of11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services requested or approved by the County. All designs should apply urban design principles that meet the needs of the individual communities. The projects include: 1. Road reconstruction projects 2. Congestion mitigation air quality shoulder improvement projects 3. Hot mix asphalt overlay projects 4. Road projects employing in-situ reclamation processes 5. Bituminous seal coats and slurry seals 6. Bridge rehabilitation 7. Bridge replacement 8. Bridge scour mitigation 9. Water system projects 10. Wastewater system projects 11. Landfill Projects 12. Interior Tenant Improvements 13. New buildings Engineering Support Applies to all disciplines. Description of Work 1. Provide technical data for the preparation of various funding paperwork. 2. Provide technical data for the preparation of various permit applications. 3. Provide technical data for the preparation of cooperative agreements. 4. Provide technical data for the preparation of utility agreements. 5. Prepare and stamp legal descriptions for the acquisition of right of way. 6. Conduct meetings with property owners regarding projects 7. Review of existing designs for compliance with development plans 10 of 11 Agreement Appendix B — Consultant's Scope of Services On-Call Architectural and Engineering Consultant and Related Services 8. Provide presentation materials for the Board of Supervisors to be presented by COUNTY staff. 9. Prepare various tables, maps, charts and diagrams. 10. Provide technical support for request for proposal processes. 11. Serve as a plan checker and independent quantity checker. 11 of 11 Appendix C Current Staff Name Professional Classification Firm Role Project Role Darrell Stelling,AIA, DBIA Architect Senior Principal Principal In Charge Kevin Quan,AIA, NCARB Architect Principal Principal In Charge& Senior Project Manager Andrew Cupples, FAIA, DBIA Architect Senior Principal Design Leader Gary Retel,AIA, LEED AP BD+C Architect Principal Design Leader Curtis Proctor,AIA, NOMA Architect Associate Senior Project Manager Diane Castruita Architectural Drafter Senior Associate Project Manager Yam Chapagain, PE, LEED AP Mechanical/Plumbing Senior Associate Mechanical/Plumbing Engineer Engineer Larry Hackleman, PE, LEED AP Electrical Engineer Senior Associate Electrical Engineer Michael Ellars,AIA,CASp,CSI, LEED AP Architect Senior Associate Accessibility and CASp Specialist In addition to the above-mentioned key personnel, DLR Group has over 250 employees in California, and can draw from an additional 1,300+ multidisciplinary resources from an additional 24 offices across the country. Our Los Angeles offices includes the following number of staff by professional classification: Architects 32 Architectural Technicians 55 Electrical Engineers 3 Electrical Technicians 2 Interior Designers 16 Mechanical/Plumbing Engineers 5 Mechanical/Plumbing Technicians 5 Structural Engineers 11 Structural Technicians 6 DLR Group I Current Staff I County of Fresno On-Call Architectural&Engineering Services 2 Appendix D - Deliverables Last updated: March 27, 2025 Prior to submissions, the CONSULTANT shall request from the PROJECT ADMINISTRATOR examples of acceptable drafting format and reproducible standards. Verification of compatible format will be required prior to final file delivery. A. Technical Report Standard Submittal Formats: 1. Standard submittal formats: a. Electronic copy sent via email: i. Microsoft Word (.docx) formatted for printing on 8 1/2" by 11" pages ii. Microsoft Excel (.xlsx) formatted for printing on 8 1/2" by 11" or 11" by 17" pages iii. Adobe (.pdf) formatted for printing on 8 '/2" by 11" or 11" by 17" pages iv. AutoCAD Civil 3D, as .DXF or .DWG files V. Other mutually agreed upon format. Hardcopies upon request. 2. Technical studies and estimates: a. Electronic copy sent via email: i. Microsoft Word (.docx) ii. Microsoft Excel (.xlsx) iii. Signed Final Version in Adobe (.pdf) iv. Other mutually agreed upon format. Hardcopies upon request. 3. Drawings: a. Electronic copy sent via email: i. AutoCAD Civil 3D as .DXF or .DWG files ii. Hardcopies upon request. B. Design Plans, Technical Specifications and Construction Estimate: 1. 30%, 60%, and 90% plans, specifications and estimates for review a. Progress prints and final originals of the plans, specifications, and estimates. b. Standard submittal format c. Hardcopies on 22" X 34" pages (up to 10 copies) upon request. 2. Accepted Final original plans, specifications and estimates shall include Page 1 of 2 a. Electronic copy sent via email i. Final plans, cross sections and slope stake information, design calculations, quantity calculations, and other design information as applicable to the PROJECT. ii. Final specifications and estimates iii. Plan sheets, cross sections, earthwork calculations and slope stake information shall be in: • AutoCAD Civil 3D iv. Specifications shall be in: • Microsoft Word (.docx) formatted for printing on 8 '/2" by 11" pages V. Final engineer's estimates shall be in: • Microsoft Excel (.xlsx) b. Hardcopies (Upon request) i. Plan Set: One (1) original reproducible plan set on 22" by 34" sheets of bond paper and 4 mil thick double matte film. ii. Cross Sections: One (1) reproducible copy of cross sections on 22" by 34" sheets of bond paper and 4 mil thick double matte film. iii. Final Specifications and Engineer's Estimates: One (1) stamped and wet signed paper copy on 8 '/2" by 11" pages. C. County-provided preliminary engineering survey data on existing structures and topographic mapping shall be in: a. AutoCAD Civil 3D b. Or other mutually agreed upon format Page 2 of 2 Appendix E DLR Group Standard Hourly Billing Rates 2025 Client Hourly Title Billing Rate Reimbursable Senior Expert $350 Reimbursable expenses are estimated on a project-by-project basis and will be identified as an Expert $300 allowance. DLR Group shall be reimbursed for all out-of-pocket Practice Leader $265 expenses connected to the project including and not limited to transportation, postage and delivery, Project Leader $235 printing and copying,fees related to securing AHJ approvals if not paid directly by client,fees and reimbursable expenses paid to consultants if not Senior Professional $205 contracted by the client. Reimbursable expenses are billed at cost with a Professional 11 $175 10% markup. Mileage will be billed at the current Federal rate. Professional $145 Travel is by rental transportation or personnel's private vehicles. Professional Support $115 Technical/Clerical $90 Rates will be reviewed and adjusted annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for that geographic region. County of Fresno - On-Call Engineering Consultant Services Appendix G SELF-DEALING TRANSACTION DISCLOSURE FORM 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 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). County of Fresno - On-Call Engineering Consultant Services Appendix G (1)Company Board Member Information: Name: Date: Job Title: (2)Company/Agency Name and Address: N/A (3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to): N/A (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a): N/A (5)Authorized Signature Signature: Date: Appendix H Subconsultants None -- -- ---- -- --. _ _ _. Appendix Resolution No. 07-525 1 BEFORE THE BOARD OF SUPERVISORS 2 OF THE COUNTY OF FRESNO 3 STATE OF CALIFORNIA 4 } No. 5 In the matter of ) } 6 Amendment of Standard Conflict of ) Interest Code for All County ) 7 Departments ) s 9 Whereas, the Political Reform Act, Government Code section 81000 et seq., 10 requires state and local government agencies to adopt and promulgate conflict of interest 11 codes; and 12 Whereas, the Fair Political Practices Commission has adopted a regulation, Title 13 2, California Code of Regulations, section 18730, which contains the terms of a standard 14 conflict of interest code, and which may be amended by the Fair Political Practices 15 Commission after public notices and hearings to conform to amendments to the Political 16 Reform Act; and 17 Whereas, any local agency may incorporate this standard conflict of interest code, 18 and thereafter need not amend its code to conform to future amendments to the Political 19 Reform Act or its regulations; 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 Title 2, California Code of 23 Regulations, section 18730, and any amendments to it duly adopted by the Fair Political 24 Practices Commission, are hereby incorporated by reference and, along with the Exhibits A 25 and B approved previously, today, or in the future, by this Board for each County 26 department, in which officers and employees are designated and disclosure categories are 27 set forth, constitute the conflict of interest codes of each County department. 28 COUNTY OF FRESNO Fresno,California 1 - 1 Conflict of interest forms shall be filed as follows: 2 1. As required by Government Code section 87500, subdivision(e),the County 3 Administrative Officer, District Attorney, County Counsel, and Auditor-Controller/Treasurer- 4 Tax Collector shall file one original of their statements with the County Clerk,who shall make 5 and retain a copy and forward the original to the Fair Political Practices Commission, which 6 shall be the filing officer. 7 2. As required b Government Code section 87500, subdivision q y Q), all other 8 department heads shall file one original of their statements with their departments. The filing 9 officer of each department shall make and retain a copy and forward the original to the Clerk 10 to the Board of Supervisors, who shall be the filing officer. 11 3. All other designated employees shall file one original of their statements 12 with their departments. 13 Adopted at a regular meeting of the Board of Supervisors, held on the 2nd day of 14 October, 2007, by the following vote, to wit: 15 Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston I 16 Noes: None 1 17 Absent: None 18 19 20 Chairman, Board of Supervisors 21 22 Attest: 23 24 25 Clerk 26 27 28 i COUNTY OF FRESNO Fresno,Cslnarnia 2 County of Fresno Fresno,California 2 COUV rl Conflict of Interest Code [n Email Me] Double click! 1eS ! Local Agency Annual / Biennial Report F-RE`s. In accordance with Government Code Section 87306.5, this department has reviewed its Conflict of Interest Code and has determined that (check one of the following): 1. ❑ Our department's Conflict of Interest Code accurately designates all positions within our department which make or participate in the making of decisions which may foreseeably have a material effect on any financial interest; and the disclosure category assigned to each such position accurately requires the disclosure of all of the specific types of investments, business positions, interests in real property, and sources of income that are reportable under Government Code Section 87302 ("reportable under Government Code Section 87302" means: an investment, business position, interest in real property, or source of income shall be made reportable by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of his or her position); or, 2. ❑ Our department's Conflict of Interest Code is in need of amendment. We have determined that the following amendments are necessary (check applicable items, and refer to Exhibits "A" and "B" for detail if appropriate): A. ❑ Include new positions (including consultants) that must be designated. B. ❑ Include or delete positions because changes in duties. C. ❑ Include positions that manage public investments. D. ❑ Revise disclosure categories. E. ® Revise the titles of existing positions. F. ❑ Delete titles of positions that have been abolished. G. ❑ Other (describe) CONTACT PERSON DEPARTMENT Sam Mann PWP I hereby approve the foregoing reported information for our department: stwhite 12/28/2023 9:48:57 AM [a Sign] Double click! Department Head Signature/Date Note: Government Code Section 87306 requires that when an agency (e.g., your department) has determined that amendments or revisions are necessitated by changed circumstances, the amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances have become apparent. EXHIBIT "A" PUBLIC WORKS AND PLANNING Classification Category Accountant I / II 2 Architect 1 Building Inspector I / II 1 Building Plans Engineer 1 Chief Building Inspector 1 Chief of Field Surveys 1 Consultant Deputy Director of Planning 1 Deputy Director of Public Works 1 Development Services & Capital Projects Manager 1 Director of Public Works and Planning 1 Disposal Site Supervisor 2 Engineer I / II / III 1 Field Survey Supervisor 3 Financial Analyst I / 11 / III 1 Housing Rehabilitation Specialist I / 11 1 Information Technology Analyst I / II / III / IV 2 Landfill Operations Manager 1 Planner I / II / III 1 Planning and Resource Management Official 1 Principal Accountant 1 Principal Planner 1 PFORGipal Sta�f, ARalyst Program Manager 1 P NOG Works and DlonniRg B iciness MaRa ver I Public Works and Planning Finance Division Manager 1 R bliG Works and Planning Information TeGhn y onager 1 Departmental Information Technology Manager 1 Public Works Division Engineer 1 Resources Division Manager 1 Right-of-Way Agent II / III 1 Road Maintenance & Operations Division Manager 1 Road Maintenance Supervisor 1 Road Superintendent 1 Senior Accountant 2 Senior Engineer 1 Senior Engineering Technician 2 Senior Information Technology Analyst 2 Senior Planner 1 Senior Staff Analyst 1 Classification Category Staff Analyst I / 11 / 111 1 Supervising Accountant 1 Supervising Architect 1 Supervising Building Inspector 1 Supervising Engineer 1 Supervising Water/Wastewater Specialist 1 Traffic Maintenance Supervisor 2 Water & Natural Resources Manager 1 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. EXHIBIT "B" PUBLIC WORKS AND PLANNING 1. Persons in this category shall disclose all reportable investments, interests in real property, sources of income (including gifts), and business positions. Financial interests (other than gifts) are reportable only if located within or subject to the jurisdiction of Fresno County, or if the business entity is doing business or planning to do business in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the filing of the statement. Real property shall be deemed to be within the jurisdiction of the County if the property or any part of 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 reportable investments in, income from (including gifts), and business positions with any business entity which, within the last two years, has contracted or in the future foreseeably may 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 this category shall disclose all interests in real property within the jurisdiction of Fresno County. 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 miles of any land owned or used by the County. tiT6_ Macros Must Be Enabled --Please Re-open and Enable Conflict of Interest Code [0 Email Me] 0 of the County of Fresno Double click! Steven E. White, HEREBY SUBMITS THE FOLLOWING AMENDED CONFLICT OF INTEREST CODE TO THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO. AGENCY: Public Works and Planning stwhite 12/29/2023 11-46-28 AM [a Sign] Double click! Department Head Signature/Date RECEIVED ON BEHALF OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO. Q , �. ��yQ [Q Sign] Doubleaick! Clerk of the Board of Supervisors THE FOLLOWING CONFLICT OF INTEREST CODE, HAVING BEEN SUBMITTED BY THE AGENCY DESIGNATED ABOVE, WAS APPROVED BY ORDER OF THE CODE- REVIEWING BODY ON ,2, /4 OTHER ACTION (IF ANY): N/A c r L. [Q Sign] Double click! Clerk of the Board of Supervisors