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Witness Corner FROM ORANGE COUNTY TO THE NATION’S CAPITOL SURVEY NEWS Orange County is a place where we welcome opinions - we're interested in what you say, not how you say it. The Orange County

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Page 1: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Witness Corner

FROM ORANGE

COUNTY TO THE

NATION’S CAPITOL

SURVEY NEWS

Orange County is a place where we welcome opinions - we're interested in what you say, not how you say it.

The Orange County

Page 2: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Witness Corner

OFFICERS 2014

President David Woolley, PLS [email protected]

Vice-President Joe Padilla, PLS [email protected]

Treasurer Rich Maher, PLS [email protected]

Secretary Jacob Sharp, PLS [email protected]

Imm. Past President Greg Sebourn, PLS [email protected]

Chapter Directors Joe Padilla, PLS Richard Maher, PLS Greg Sebourn, PLS David Woolley, PLS Glen Lake, PLS

Alt. Chapter Directors Peter Fitzpatrick, PLS Jerry Uselton, PLS Jacob Sharp, PLS

COMMITTEE CHAIRS Membership John Pavlik, PLS

Education Lisa Gaston, PLS

J.P.P.C. Roger Frank, PLS

Newsletter Editors Richard Lopez [email protected]

Micah Paulk Legislative David Woolley, PLS

February 2014February 2014

2014 Issue 2

Table Of Contents

California Land Surveyors Association - Orange County

Calendar Events Page 2

Your Other Left Comic Page 2

President’s Message Page 3

High Speed Rail Ranking System Exposes Potential Bias Page 7

Professional Announcements Page 9

Founder and CEO of American Title Services Commits Suicide Page 10

National Surveyors Week Announcement Page 10

Legal Corner—Insurance Risks When Using Subcontractors Page 11

High Speed Rail News Page 12

Practice Reminders Page 12

Other Survey News—Our Friends at the Port of Long Beach Page 13

Job Opportunities Page 13

NSPS Updates Page 14

Testimonials Page 14

CLSA State President Elect Undergoing Surgery Page 15

BPELSG - Rule Making Process Analyzed Page 15

New Legislation—Assembly Bill 1551 Page 17

BPELSG Analysis of AB 1551 Page 18

Prevailing Wage and QBS Must Co-Exist Page 20

Death Watch! - State CLSA Forum Page 23

State CLSA Board of Directors Meeting Report Page 24

Expulsion or Suspension of a Member or Director from CLSA Page 27

Caltrans, JPPC-OC, OC-CLSA Meeting Minutes/Reports Pages 29-34

Cal Poly Pomona—OC-CLSA Conference Page 35

THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views

and opinions expressed are solely those of the authors and do not represent the California Land Surveyors

Association (CLSA).Letters, emails, suggestions for articles, and all feedback my be sent to:

[email protected]

Page 3: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

2/25 Tue Chapter Meeting JT Tustin (4PM) 3/11 Tue Board Meeting DWA (5PM) 3/20 Thurs CLSA/NALS Reg. Ends http://bit.ly/1fzuzkD 3/25 Tue Chapter Meeting JT Anaheim (11:30) 3/26 Wed ACEC Meeting Doubletree Santa Ana (11:30)

Calendar Events

Your Other Left!

Page 2 Witness Corner

February 2014 Sun Mon Tue Wed Thu Fri Sat

1

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28

OC-CLSA Events

Other Events

Your Other Left is a comic developed by Wendell T. Harness, a Professional Land Surveyor of over 26 years. Wendell attempts to make light of what may be otherwise serious occurrences experienced by surveyors on a daily basis. He publishes new comics in his copious free time.

http://yourotherleftcomic.com/

March 2014 Sun Mo Tue We Thu Fri Sat

1

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30 31

JT Schmid’s—Tustin

2415 Park Avenue

Tustin, Ca 92782

714-258-0333

MAP:

http://bit.ly/1jLx0b5

JT Schmid’s—Anaheim

2610 E Katella Avenue

Anaheim, Ca 92806

714-634-9200

MAP:

http://bit.ly/1bFRNKv

D. Woolley & Associates

2832 Walnut Avenue, Suite A

Tustin, Ca 92780

714-734-8462

MAP:

http://bit.ly/1kOs2dG

Page 4: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

By David Woolley

Most land surveyors I have

known have a penchant for

history. History plays an

important role in practicing

as a land surveyor,

particularly a boundary

surveyor. I begin this

President's message by

recalling a part of American

history I find interesting.

In the old days, folks that

didn't subscribe to the local

dogma were tarred,

feathered and "ridden out of

town on rail." Being ridden

out town on a rail, quite

literally, meant being tied to

a rail or a plank and paraded

before the community. This

was an extrajudicial form of

mob punishment intended to

publically humiliate a

community member, denying

him due process. Undeniably,

these actions by the

leadership would also serve

to silence other likewise

minded individuals not

conforming to the desired

agenda and actions in that

same community.

Abraham Lincoln told a story:

". . . about the man as he was

ridden out of town on a rail,

tarred and feathered,

somebody asked him how he

liked it, and his reply was if it

was not for the honor of the

thing, he would much rather

walk."

Although individuals are no

longer tarred, feathered, and

ridden out of town on a rail,

in our professional

community (CLSA), it appears

to me as though there is an

expectation for members to

"go along to get along" and

to "kiss the ring" or face

banishment. Two past

Presidents, Jim Herrick and

Aaron Smith, attempted to

have me thrown me out of

the Association and/or off the

Board of Directors (again) at

the February 1st Board of

Director's meeting.

Although the Executive

Committee may have

plausible deniability in that

they were not conspiring

outside of their official

meetings. Nevertheless, I do

believe that the haphazard

and shaken manner in which

the motion was brought forth

and the collaborative actions

of the Executive Committee

members tell the truth in the

tale. Especially in that the

President allowed an off

agenda item, the motion, to

go forward to a vote, actually

two votes, presents a

cornucopia of other protocol

issues. In hindsight, my

having asked to attend the

Executive Committee

meetings, being denied to

attend not once, but twice,

may have been viewed as

being insubordinate, impious

and possibly a little big for my

britches for having dared to

ask?

Reflecting back on the

meeting it is interesting to

note that upon being elected,

the Secretary and Treasurer

immediately delegate (or

cede?) their entire position to

the Executive Director and

her management company

by proxy. The Orange

County Directors need to

hear from the members if the

Secretary needs to assume

some of the formal duties of

the position i.e. keeping of

the minutes.

Maybe there is another

reason for their attempt to

President’s Message

2014 Issue 2 Page 3

ouster me? The last time I did

attend one of their Executive

Committee meetings, November

2nd, I was there to question why

CLSA has an annual liability for

$175,000(ish) for the

administrative services with no

formal contract in place (only a

2-3 paragraph resolution

covering this expenditure).

Orange County brought forth a

motion to change this 30 year

standing situation-which passed.

At the most recent meeting, the

Directors were presented with a

contract that was:

"...RECOMMENDED that the Board approve this contract for

2015-2016

at our February 2015 meeting".

Not my caps, not my red print.

One of the two attorneys I hired

to review the contract (with my

own funds) responded with 3-4

pages of comments attached to

an email stating "It would be

better to have no contract at all

if you are not going to specify

material terms..."

Page 5: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Note: For the record, I take the "fiduciary duty" aspects of being a Director seriously. By “seriously,” I do not mean in the way the

Board’s Guide reiterates a few convenient phrases, but more in the sense of The Law of Fiduciary Duties by Rafael Chodos.

So certain my Executive Committee attendance wouldn't be denied a second time, I booked a flight and took the day off to

attend this meeting. In seeking permission to attend, my request clearly stated that I had no intention of speaking during the

meeting. In hindsight, I was ignorant for not clearly understanding and acknowledging the exclusiveness of an Executive

Committee meeting.

As I write, I must ponder my fate at the next Director's meeting, I am sure to be in some sort of trouble for daring to whisper of

the meetings in Oakland.

For Joe Padilla's full report, see the Director's Report on Page 24 and my personal perspective here.

1. The Quarter Corner-First Edition:

As Orange County continues our practice based Chapter activities, this month's Newsletter is packed full of industry news and

views. Our Newsletter, the Witness Corner, is the in-between Association periodical. Next month we will publish our first

edition of the Quarter Corner, distributed to members only. The first Quarter Corner will include the sample contract and guide

for licensees signing work product for a firm. The contract will address access to company records, insurance coverage after

departure and financial responsibility in completion of projects after the licensee’s employment engagement has ended.

2. QBS Selection and Prevailing Wage:

Since our last publication, I had a conversation with Mark Christian, the Director of Legislative Affairs for the American Institute

of Architects, California Council (AIACC). I called him to discuss the fate of SB 1424 last year. As readers may recall, SB 1424 was

a bill that allowed the licensing boards, BPELSG in our case, to discipline a licensee for not following the Qualification Based

Selection ("QBS" or Mini-Brooks Act) process. This bill was a much needed addition to the existing Mini-Brooks Act. Fortunately,

the licensing board hasn't waited for additional legal authority to act. The existing Mini-Brooks Act outlines the QBS process, but

falls short of providing ramifications to the agencies that do not follow the QBS process. A solution may be to tie the Mini-

Brooks Act to the Davis-Bacon statutes.

3. Fresno State Conference:

Our own Roger Frank presented a Least Squares session at this year's conference. Although I didn't see the program, I heard

nothing but good words about his presentation. Therefore, we have asked Roger to do a variation of the presentation at our

February meeting.

Two other programs I heard about later were the QBS panel discussion (Mike Hartley and former Orange County Surveyor, Ray

Mathe) and the presentation by Dane Ince entitled The Evidentiary Content of Maps. I requested and received the slide show

presented by Mr. Ince. I followed up with him and he has committed to speaking at the CalPoly Pomona Conference in

September.

Representing the Orange County Chapter of CLSA, I spoke at the Fresno State conference on reclassification of land surveyors to

"laborers" and "mechanics". Earl Cross, PLS 3242, among others, expressed their outrage.

4. MAPPS:

MAPPS held their winter conference in La Jolla the week of February 9th. The MAPPS Executive Director, John Palatiello, and I

did a presentation on the Davis Bacon laws and the recent developments at the Department of Labor, Wage and Hour Division. I

recommend our members learn more about MAPPS at www.MAPPS.org. They appear to be a progressive group with a keen

President’s Message

2014 Issue 2 Page 4

Page 6: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

focus on federal laws and business advocacy. They had intended on introducing me as "President of D. Woolley & Associates"

and I asked that they mention OC CLSA. They did both. I explained to the group of nearly 100 people, from around the country,

that OC CLSA has taken up the issue of being classified as "laborers and mechanics" and Davis Bacon education.

5. The CalPoly Pomona Conference:

Last month, we finalized the dates of the CalPoly Conference which the Orange County Chapter of CLSA is co-sponsoring. We

have already secured the calendar dates for several marquee speakers. The details will continue to be made available as we

develop the program.

6. Career Day at Concordia University:

The Constitutional Rights Foundation, Orange County sponsors a workshop to discuss Constitutional Amendments culminating

with a Mock Supreme Court Oral Argument Hearing at which arguments are presented by two accomplished attorneys and a

verdict is rendered by sitting judges and selected students. In addition to the Mock Trial, there is a Career Forum with links

nearly 1,000 students with local business professionals. I was contacted by an attorney, familiar with my work, to speak about a

career in land surveying. I will be parlaying my place on a panel discussion into representing the Orange County Chapter of CLSA.

I believe we, the land surveyors, have a prominent role is in the legal community. As a professional association, we need to

continue to interject ourselves into the broader community. This event at Concordia University is another step in that direction.

7. Green Book Meetings:

In the last 18 months I have attended several Green Book meetings. In Southern California, in the absence of any other

standard, the Green Book is the standard for engineering and construction specifications (http://www.greenbookspecs.org). The

meetings have approximately 15-20 engineering and construction representatives in attendance. Interestingly, the Chairman of

this group said I was the first surveyor to attend one of their meetings. I would like an Orange County member to attend these

meetings, one Thursday per month, with the purpose of working with the group to rewrite the land surveying contracting

specifications for establishing a QBS process for contracting and for further modification of the monument preservation section-

which has been recently modified by the San Diego group.

8. In Closing:

Prospectively, I anxiously await the fate of my membership and/or Director's seat in 2015. Presumably, these shenanigans at the

state meetings have become an annual event. I do not wish to tempt fate by asking the question:

Which produces more chagrin?

The fact that a small select group of folks organize to throw me out of a volunteer organization!

or

The fact this group cannot get it done after two attempts!

Since the rumors of my possible dismissal have spread and been announced twice at a recent LCSO, I have received support from

the professional community, both inside and outside of Orange County. I have been contacted by two Chapter's members. One

Chapter has already taken an internal affirmative vote, proclaiming to be a likewise minded Chapter to Orange County and to

share the fate of Orange County, whatever that fate may be. The support of other Chapters and their respective membership is

greatly appreciated. Apparently, some members do not believe their Directors represent their Chapter's views when they cast

their votes. Who knows? Might there be changes in the seating chart? The members and other Chapters’ support serves to

President’s Message

2014 Issue 2 Page 5

Page 7: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

strengthen my personal resolve, the Orange County Chapter's resolve by proxy, to benefit the practicing professional members

and certainly, to have CLSA viewed as more than a plaque factory for the popular kids.

If any Orange County members have questions, comments or input about any of the topics in this newsletter or any other topic

of interest, it is all welcome. Any member or prospective member is welcome to attend any meeting, anytime (see the calendar

herein). We are an inclusive group and welcome any volunteers that are willing to contribute. We are a volunteer organization

that acknowledges your time and contribution to the profession is valuable. We further acknowledge that dissenting opinions

are part of progress, part of learning and part of growing as professionals. It does our Chapter no good to push away those that

have a contrary opinion, regardless of individual methods and means. I choose to believe we will always welcome change

agents.

From my perspective, if someone decides to quit the state CLSA or their own Chapter, they have surrendered their voice.

Therefore, do not look for me to quit anytime soon. Based on February's meeting in Oakland, some Chapters’ Directors can

readily determine that which is "unprofessional" even if “that” appears to be unrelated to the performance of their duties or

practice of land surveying or the fiduciary duties of and to our members. These same Directors readily profess their rich

(although detail deficient) understanding of "professionalism" in a public meeting. Apparently, based on their actions, it is

"professional" to attempt to publicly humiliate another Director, before a group of peers, by introducing an off agenda item that

forgoes the prescribed procedures for such actions. The last time this came about I had cautioned the group that careless

actions can lead to antitrust problems for the association. As is readily apparent, nobody took the time to look it up. In the spirit

of education I have provided a short version of the proper procedures and liability incurred, see page 27. This abridged version

is condensed from the twelve page article to be published in the OC Quarter Corner. I believe things are about to get interesting.

Home is where the heart is-my heart is in Orange County,

David Woolley

PS. It was not made clear to me, but part of Jim Herrick's reasoning for my removal included last month's Orange County

newsletter. Interestingly, it was published at 1:30 p.m. on the day before the meeting in Oakland. Less than 24 hours

later, the Northern Counties Chapter Director had taken exception to the newsletter, although exception to precisely

“what” was not noted. If Herrick and his co-conspirators are successful in their efforts to remove me in the future, the

newsletter will revert back to the old format and Jim Herrick will have to find something else to stay up late reading and

writing into an accusation. Coincidently, I’m pleased to see the newsletter is so wide-read. Incidentally, Mr. Herrick did

not express any concerns about the professional land surveyors being reclassified as "laborers" and "mechanics",

pending legislation that will effect every members practice or coordinating with other professional associations to

protect the practice. Am I to presume his concerns for the profession and his keen sense of that which is "professional"

rest with his-yet to be presented- agenda consisting of.....?

President’s Message

2014 Issue 2 Page 6

Page 8: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Thank you Allen Instruments for your support!

2014 Issue 2

Page 9: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

High Speed Rail Ranking System Exposes Potential Bias

2014 Issue 2 Page 7

By David Woolley

Recently proposals were submitted to the High-Speed Rail Authority for review. There were some anomalies with the rankings in one particular reviewer’s case.

In the scoring of proposals submitted for HSR 13-07, one person reviewing (name redacted but shown as second from the left and identified hereafter as "Reviewer 2") stands out from the others. Reviewer 2’s scoring indicates a subjective bias or lack of consistency with the scoring requirements/criteria provided.

The inconsistent and large variation in Reviewer 2's scoring resulted in differences that are not logical or objective. Reviewer 2’s scoring presents two problems:

1. Reviewer 2’s scoring varied from a 99 to a 31. This is a substantially larger range than any other Reviewer. From left to right, ranges were as follows:

2. Reviewer 2’s score of 31 for this firm is far lower than the score given by any other Reviewer, presumably using the same grading criteria. See below:

Reviewer 2 has scored this firm far lower than any other Reviewer. The closest score is 46 points away. Reviewer 2 gave this firm 31 points while the point average for all other contractors was an 80.8. This is a 50 point difference between Reviewer 2 and the average taken from the other four (4) Reviewers.

Reviewer

Highest Score Lowest Score Differential

1 97 51 46

2 99 31 68

3 94 68 26

4 95 80 15

5 98 60 38

Reviewer Score for Firm

1 83

2 31

3 77

4 80

5 83

Page 10: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

High Speed Rail Ranking System Exposes Potential Bias

2014 Issue 2 Page 8

Reviewer 2 has too large of a variance in ranking scores (differing greatly from the four (4) other Reviewers) to be considered objective. This differential could indicate Reviewer 2 has a bias in favor of one particular firm or more particularly, against other firms as shown in the following chart:

*The firms shown above were named a 88+ scored was interview cutoff— we chose to rename the firms 1-4

In the event that Reviewer 2's rankings were removed from consideration, another firm would have placed second (2nd) rather than fifth (5th) - problematic when 4 contracts were awarded. Yet another firm, placing 12th when Reviewer 2’s scores were included, would have ranked 16th without Reviewer 2’s scores. When one Reviewer, on a panel of five (5) (or 20% of the ranking body), can affect the ranking of firms by as much as a four (4) positions, there is a problem.

My review of the documents provided leads me to ask the following questions:

1. What basis/criteria and instructions were provided by the HSR Authority to the Reviewers before the scoring/ranking process began?

2. What controls did the HSR Authority put in place to prevent unfair bias resulting in an impeachable selection process?

3. Why did the HSR allow Reviewer 2's scores to be entered into the final rankings?

4. Who was responsible for implementing the rating group controls?

5. In a qualification based selection process, precisely what background and experience does each Reviewer have to fairly and knowledgeably rate a land surveying consultant?

From my analysis, it appears that the HSR Authority has a problem with the scoring/ranking ability of Reviewer 2 and, equally as important, a problem identifying a failed control. If Reviewer 2 is involved with scoring/ranking the newest set of proposals, it will be important to see if they remain an outlier. Either way, it is a problem for the HSR Authority. Reviewer 2 is clearly an outlier whose scores should be disregarded in their entirety or risk impeachment of the ranking and solicitation process.

In conclusion it is my belief that the entire process is worth being called into question if I am to be convinced that one reviewer would be so completely divergent with the rankings of the firms involved with this process. I believe that the Authority has a responsibility to tax payers to be vigilant in choosing the people in charge of reviewing, rating and ranking the firms bidding on public works projects. These wild ratings given by one member of the selection team reflects that this process is not objective in its determinations and that there may be other unknown factors related to the ranking of one firm so far outside the range of the other reviewers. The Authority has a public duty to be unbiased and do what is in the best interest of the people it is in service to and I believe that to this end the Authority has failed to do so by enlisting rating members that are, in my opinion, biased.

Name of Bidder Reviewer 2’s Score Average of the Other Four (4)

Reviewers’ Scores

Firm 1 31 80.75

Firm 2 44 81.50

Firm 3 56 72.25

Firm 4 58 85.50

Page 11: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Professional Announcements

2014 Issue 2 Page 9

Pasquale “Benny” Benenati, founder of Aero Tech Surveys, passed away February 8, 2014. Guida Surveying welcomes Gina Ciampaglia, PLS, as a Project Manager.

San Diego Surveyor, Michael Pallamary, will be featured on a Discovery Channel show based on an article he wrote for Point of Beginnings magazine. Check your local listings for details.

Prominent Land Planner Greg Haws Joins Psomas. Congratulations to Joe, Steve, Bill and the team at Truxaw & Associates for ranking #1 on the recent contract for

surveying services for the City of Santa Ana. John Canas is donating a new HP32 w/ manuals to a student, any student interested email the editor:

[email protected]

SUSTAINING MEMBERS ADVERTISEMENTS

Page 12: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

2014 Issue 2 Page 10

Founder and CEO of American Title Services Commits Suicide

The founder and CEO of American Title

Services, Richard Talley, age 56, was

under investigation by the Colorado

Division of Insurance - part of the

Department of Regulatory Agencies

("DORA"). Although the Denver Post

received confirmation there was an

investigation, the Post was not able to get

additional details from DORA.

Mr. Tally died as a result of seven or eight

self inflicted wounds with a nail gun. The

Denver Post article could not determine

whether or not Tally's suicide was related

to the investigation.

http://bit.ly/1njC97o

Why is this article relevant to the land

surveying industry?

The land surveying industry and the title

insurance industry have a symbiotic

relationship. The title insurance industry

is currently being challenged by the New

York Department of Finance. Subpoenas

went out in December 2013 and,

apparently, DORA was investigating

American Title Services.

If Mr. Tally’s decision to take his life was

a result of an investigation, hopefully we

can find out what kind of investigation

would lead to a title company CEO to the

sad, unfortunate choice of suicide by nail

gun? A shake up in the title industry

could result in a shake up in the land

surveying industry as well.

Hypothetically, imagine if a title

insurance company was to learn it had

underwritten several million dollars, in

fact hundreds of millions of dollars of

extended policy coverage on commercial

real estate, only to find out that the

ALTA land title surveys (used as a

basis for the underwriting) were

based on boundaries incorrectly

determined by only two monuments

and that the state laws requiring

filing a public record were ignored.

Colorado has similar requirement to

California.

Now suppose that surveyors did not

examine the relationship between

and establishment of junior and

senior rights and the associated

liability for a title insurance

company.

Could this lead an executive to an

untimely end by nail gun? No

matter the cause, it is simply

horrible.

National Surveyors Week!

The much anticipated National

Surveyors Week kit is now

available. The kit is a joint effort

between NSPS and NCEES.

In addition to the kit, NSPS is

using National Surveyors Week

to kick off its efforts to assist the

National Geodetic Survey (NGS)

with its plan to replace the North

American Vertical Datum of 1988

(NAVD88). Read the recent News

& Views article about this.

NSPS Area 2 Director Frank

Lenik has been engaged in

initiating National Surveyors

Week activities, and has

prepared a paper on the topic.

NSPS hopes all surveyors will

utilized the kit to promote

National Surveyors Week, and

will participate in the NGS

activities.

National Geodetic Survey - 2014

GPS on Benchmarks Campaign

The site includes all of the

information you need for

participating in the program in

one place, including a link to NGS

Advisors and a sample data

sheet.

NGS encourages anyone with

survey-grade Global Positioning

System (GPS) receivers to join

the 2014 GPS on Bench Marks

Campaign, a National Surveyors

Week event to raise awareness

about professional surveying

while improving the National

Spatial Reference System

(NSRS).

GPS Day attracts geocachers

and surveyors alike to

participate in one of the

largest, simultaneous

collections of GPS data at sites

throughout the United

States. GPS Day will be held

on Saturday, March 22, 2014.

Page 13: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

SUSTAINING MEMBERS ADVERTISEMENTS

2014 Issue 2 Page 11

Legal Corner — Insurance Risks When Using Subcontractors

By James A. Anton

How many people actually read the terms and conditions of a general liability insurance policy before purchasing the insurance policy? An answer to this question is not needed because it will probably be the same answer to the next question: How many people read the long form deed of trust before obtaining a home loan? General liability insurance policies contain a very small clause stating what it covers and then it contains pages of exclusions taking away what is really covered. The focus of this article is the provision applicable to utilizing subcontractors.

Rarely does one really pay attention to the terms and conditions of an insurance policy until it is too late – after a claim arose or a lawsuit was served. Then you pull out the liability insurance policy and notify the broker of a claim. Weeks later, you receive a letter from the insurance company, almost as

long as the policy, painstakingly stating why the claim is not covered and that you must defend the claim on your own, even though you spent thousands of dollars each year to purchase the policy. Most general liability insurance policies contain exclusions applicable to contractors who hire subcontractors. One example reads as follows:

“Contractors: As a condition precedent to coverage for any claim for injury or damage based, in whole or in part, upon work performed by independent contractors, the insured must have, prior to the start of work and the date of the ‘occurrence’ giving rise to the claim or ‘suit:’ (1) received a written indemnity agreement from the independent contractor holding the insured harmless for all liabilities, including costs of defense…; (2) obtained certificates of insurance from the independent contractor indicating that the insured is named as an additional insured and that coverage is maintained with minimum limits of $ per occurrence; (3) obtained proof that the independent contractor has workers compensation insurance …; (4) obtained proof that all licenses … are up to date.”

The purpose of the above language is to allow the insurance company to pass the risk of loss for the claim to the party who either caused or contributed to the claim, namely the

subcontractor. The indemnity agreement with the subcontractor and the additional insured endorsement will enable that goal to be accomplished.

If a claim arose as a result of a subcontractor’s actions or inactions for which the contractor is sued, the insurance carrier may deny coverage if the contractor did not provide proof of compliance with items 1 – 4 above. Beware of this risk. To avoid this risk, simply make sure that whenever a subcontractor is utilized for a task, to enter into a short form agreement meeting requirements 1 – 4 above and obtain written proof of items 1 – 4. Legal counsel with experience in drafting short form agreements should be consulted to comply with the above requirements to avoid risk of denial of a claim that would normally be covered by insurance by failing to comply with items 1 - 4. For those of you who do not have legal counsel experienced in this area of the law, contact the author of this article,

James A. Anton of Law Office of James A. Anton, 7700 Irvine Center Drive, Suite 800, Irvine, CA 92618; 949-753-2818; [email protected]

to obtain the necessary agreement to meet the requirements of the insurance policy.

Page 14: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Authority staff, designated by the Chief

Executive Officer (CEO), negotiated the

terms of the contracts with the five top

ranked proposers. Below are the staff

recommendations for Board approval. If

approved by the Board, the CEO or his

authorized designee, on behalf of the

Authority, would execute contracts with

the following five proposers:

O’Dell Engineering

Chaudhary & Associates, Inc.

Quad Knopf, Inc.

Mark Thomas and Company, Inc.

Hernandez, Kroone & Associates Inc.

High Speed Rail News: HSR13-63 Proposers Selected

2014 Issue 2 Page 12

Practice Reminders

By Rich Maher

Take a moment to look yourself up on

our board’s website: http://

www.bpelsg.ca.gov/

Select the LICENSEES tab, then License

Lookup in the list of links, and follow

the process to look yourself up to check

if your address is current. Board Rule

§412 states you have only 30 days to

notify the board of changing addresses.

In the same list of links (Licensee

Information) you’ll find an Address

Change Form that allows you to update

your address online.

While you are thinking about updating

your information, is the Organization

Record for your firm current? You can

request a current copy from the board

and/or update yours with the Business

& Organization Record Form

Information in the same (Licensee

Information) list. You must list “… the

types of professional services provided

through the business; the names of all

of the owners, partners, or officers

(both licensed and unlicensed); and the

names of all of the Professional

Engineers and/or Professional Land

Surveyors who are in responsible

charge of the professional services

provided.”

“…if you leave a business where you

were in responsible charge of the

professional services, then you must file

a Disassociation Record form.”

While I have your attention on business

officers and responsible charge, have

you reviewed your surveying contracts

recently? There are 5 key elements that

must appear, with few exceptions, on

your contracts. The PLS Act has listed

these five elements since 2001 in §8759.

Violations continue to appear as causes

of actions in board enforcement against

surveyors in 2014. Review the

requirements in the Contract Law

Article. Be careful about who signs your

contracts. If you are the surveyor in

responsible charge, you could be found

to be aiding and abetting unlicensed

practice if unlicensed office staff or

business owners are the sole signature

to a contract offering to provide

professional services. To protect

yourself, be sure to have the licensed

professional in responsible charge, also

listed on your Organization Record, sign

all contracts, alongside any other

required persons/officers according to

corporate structure.

If you are a member in good standing

with the State CLSA organization, avail

yourself to a free sample contract that

not only complies with §8759 but

provides you a lot of additional

protection with contract language you

may not have considered. Look for it in

the member’s section of the state

website https://

www.californiasurveyors.org under

Member Resources / Downloads. You’ll

also find a short-form contract and

plenty of useful resources like right-of-

entry pamphlets and a monument

conservation brochure.

Follow these few simple tips above and

save yourself the headache of a board

citation on your record, over

“paperwork”.

Page 15: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Thank you Cooper Aerial Surveys for your support!

2014 Issue 2

Page 16: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

2014 Issue 2 Page 13

Port of Long Beach Surveyors gets first page publicity in the Long Beach Press-Telegram including a section on survey work. An interesting read for any surveyor.

http://www.presstelegram.com/business/20140202/a-wealth-of-jobs-at-the-port-of-long-beach

In Other Survey News—Our Friends at the Port of Long Beach!

Job Opportunities

Hung Dinh, left, survey technician, and Scott McDermid, senior survey

technician, working at the Port of Long Beach on a newly paved lot that will

store cargo containers. (Brittany Murray — Press Telegram Staff photographer)

Surveyor Gary Newkirk works for the city of Long Beach at

the Port. Long Beach, January 29, 2014. (Photo by Brittany

Murray / Press Telegram)

Robert Seidel, chief surveyor for the Port of Long Beach at the Port with one of the

departmens boats for surveying the ocean floor. (Brittany Murray — Press Telegram Staff

photographer)

Calvada Surveying, Inc. is looking for candidates for the following positions:

A Project Surveyor proficient in AutoCAD.

A Construction Manager proficient in AutoCAD and with field experience.

Please contact Armando D. Dupont, L.S. for inquiries

Page 17: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Testimonials

2014 Issue 2 Page 14

NSPS Updates

Senate passes bill to delay flood

insurance reform

NSPS

The U.S. Senate on January 30 passed a

bill to delay new rates for flood

insurance by a vote of 67-32. The bill, S.

1926, delays the effective date of key

finance provisions of the Biggert-Waters

Flood Insurance Reform Act of 2012. The

bill faces an uncertain future in the

House due to opposition from

conservative groups opposed to the cost

of the bill and shift of financial

responsibilities from individual

homeowners to taxpayers generally and

by environmentalists who oppose

subsidized construction in coastal and

flood prone areas, as outlined in an

editorial by the Washington Post. The bill

also calls on FEMA to develop a flood

mapping approach that "results in

technically credible flood hazard data in

all areas where Flood Insurance Rate

Maps are prepared or updated."

FGDC publishes annual report for 2013

NSPS

The Federal Geographic Data Committee

(FGDC), the federal government's inter-

agency coordinating committee on

geospatial activities, has published its

2013 annual report. The report describes

the actions taken by the FGDC over the

past year to facilitate coordinated

creation and sharing of geospatial data

and processes, five new geospatial

standards, and the updated strategic

plan for the National Spatial Data

Infrastructure, in which NSPS provided

input.

FIG Young Surveyors

NSPS

After the successful 1st FIG Young

Surveyors (YS) European Meeting held

this past October in Lisbon, Portugal, in

which 150 young surveyors from 32

countries attended, the FIG Young

Surveyors Network is organizing the 1st

FIG Young Surveyors North American

Meeting.

The meeting will be held in

conjunction with the 2014 California/

Nevada Surveyors Conference and the

annual NSPS Student Competition at

the Town & Country Hotel in San

Diego. The YS meeting will be held

April 14-15. Stay tuned for more

information.

Thank You OC-CLSA I came to USA in 2012. I won the Green Card Lottery and migrated to USA with my wife and two kids. Although I worked in Sri Lanka nearly 15 years as a surveyor I was unable to find a job as a surveyor in the USA. I came to know about the CLSA through the web and thought of joining. My first CLSA meeting was in Orange County this past September. In the chapter newsletter (Witness Corner) I found some job openings for

Surveyors in the advertisements section. The following week I just walked into the business and submitted a resume for one of the job openings I found in the Witness Corner ... and by my good luck, they interviewed me on the same day and hired me after two days! The name of the Company is KHR Associate (Consulting Engineers, Surveyors and Planners) located in Newport Beach. I have been working there for the last four months and want to say "Many thanks to the Orange County Chapter of CLSA!" If not for the CLSA I believe I would be still hunting for a job in California.

Best regards, B. Rohan R. P. Jayasuriya [email protected]

Page 18: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

"Home is where the heart is and home is also the best place to start change. Exposing and addressing critical issues and getting them out for the profession to see is a daunting task but paramount. Compared to other newsletters and publications, I actually read every topic in this one. " - Surveyor from Inland Empire

Jay Seymour will be undergoing surgery Tuesday, February 18, 2014. It is anticipated that he will be down for 3-6 days following surgery, and unable to speak, for at least two days. Thoughts, prayers, and good wishes are always welcomed, by both Jay and his family!

Testimonials

CLSA State President-Elect Undergoing Surgery

2014 Issue 2 Page 15

"I want to personally congratulate the chapter on an outstanding

website and publications, and wish you continued success in the future! All the best to Orange County in 2014!"

-Jay Seymour

CLSA State President Elect

The Board of Professional Engineers, Land Surveyors and Geologist ("BPELSG") had their meeting in San Diego this month,

February 12-13. The first day the meeting was for Board business and the second day's meeting was for a hearing on the

petition for reinstatement of the revoked license of Levi Rodriguez.

While I was browsing the agenda, under the heading "Consideration of Rule Making Proposals", I noted a proposed amendment

to California Code of Regulations ("Regulations"), Title 16, Division 5 § 416 (Board Rules §416 and §3060).

The Regulations are adopted by BPELSG to make specific and implement the laws passed

by the Legislature. The Regulation include the definition of terms, administration of

disciplinary orders, Code of Professional Conduct and other administrative procedures.

The adding or modification of Regulations follows a "Rule Making Process" which is defined

in the Administrative Procedures Act ("APA"). Part of the rule making process includes

public notice (minimum of 45 days), more importantly, in this instance, a statement of

reasons i.e. purpose, necessity, benefits etc. Infographic detailing the rulemaking process.

I will reserve my comments and evaluation until the initial statement of reasons is

released.

From page 89 of the from February 12th, 2014 meeting agenda: CLICK HERE FOR ENTIRE AGENDA

416. Substantial Relationship Criteria.

For the purpose of denial, suspension, or revocation of the license of a professional engineer or a land surveyor pursuant to

Division 1.5 (commencing with Section 475) of the Business and Professions Code, a crime or act shall be considered

substantially related to the qualifications, functions, and duties of a professional engineer or land surveyor if, to a substantial

degree, it evidences present or potential unfitness of a professional engineer or land surveyor to perform the functions

authorized by his or her license in a manner consistent with the public health, safety, or welfare. Such crimes or acts shall

include, but not be limited to, those involving the following:

(a) For professional engineers, any violations of the provisions of the Professional Engineers Act or aiding and abetting any

person in such a violation;

(b) For land surveyors, any violations of the provisions of the Professional Land Surveyors' Act or aiding and abetting any person

in such a violation;

BPELSG—Rule Making Process Analyzed

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BPELSG—Rule Making Process Analyzed

2014 Issue 2 Page 16

(c) A conviction of a crime Crime or acts arising from or in connection with the practice of professional engineering or land

surveying;

(d) Crime or acts involving dishonesty, fraud, deceit, or theft with the intent to substantially benefit oneself or another or to

substantially harm another;

(e) Crimes or acts involving physical violence against persons;

(f) Crimes or acts that indicate a substantial or repeated disregard for the health, safety, or welfare of the public.

Note: Authority cited: Sections 481, 6716 and 8710, Business and Professions Code. Reference: Sections 480, 481, 490, 493,

6706.3, 6710, 6732, 6775, 6779, 8780 and 8783, Business and Professions Code.

I believe the statement of reasons should answer the following questions:

The words "crimes or acts" is reoccurring language, with the conviction requirement removed, who would determine what an "act of dishonesty" encompasses in § 416 (d)?

Referring to § 416 (e) an "...acts involving physical violence against another;" Two surveyors willingly engage in fisticuffs-no

charges are filed. According to the proposed Regulations their license can be revoked? Referring to § 416 (f) "...acts... of repeated disregard for health, safety or welfare of the public." Arguably, speeding is a

disregard for the public safety-does this mean a handful of speeding tickets will cost a surveyor her livelihood? Why is the word "conviction" being struck from the§ 416 (c)? Conviction is defined in Bus. & Prof. § 8783-what purpose

would this serve? Would this mean being charged with a crime would be sufficient to revoke a license?

I am wondering precisely who determines which "acts" rise to the level of bringing forth a citation and/or accusation which

could result in the revocation of a license by the Board.

Orange County members are asked to weigh in on this proposed Regulation. Information will be published as it becomes

available, namely the statement of reasons.

Orange County is a place where we welcome opinions -

we're interested in what you say, not how you say it.

Letters, emails, suggestions for articles, and all feedback may be sent to:

[email protected]

Page 20: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

2014 Issue 2

Page 21: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

An act to add Sections 6735.7 and 8761.3 to the Business and Professions Code, relating to professional engineers and land

surveyors.

AB 1551, as introduced, Holden. Professional engineers and land surveyors: documents.

Existing law provides for the licensing and regulation of professional engineers and land surveyors by the Board for Professional

Engineers and Land Surveyors in the Department of Consumer Affairs. Existing law requires engineering documents, defined to

include plans, calculations, specifications, and reports, to be prepared by, or under the responsible charge of, a licensed engineer

and to include his or her name and license number. Existing law requires all land surveying documents to be prepared by, or

under the responsible charge of, a licensed land surveyor or civil engineer authorized to practice land surveying and to include his

or her name and license number.

Existing law makes a violation of those provisions a misdemeanor.

This bill would prohibit a person from using a licensed engineer’s documents, without the written consent of the licensed

engineer, as specified. The bill would also prohibit a person from using a licensed land surveyor’s maps, plats, reports,

descriptions, or other documentary evidence without the written consent of the licensed land surveyor, as specified. The bill

would prohibit a licensed engineer or land surveyor from unreasonably withholding consent to use these documents. The bill

would make legislative findings and declarations that the bill’s provisions are declaratory of existing law.

Because this bill would expand the scope of an existing crime, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the

state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 6735.7 is added to the Business and Professions Code, to read:

6735.7.

(a) No person shall use a licensed engineer’s documents, as defined in Sections 6735, 6735.3, and 6735.4, without the consent of

the licensed engineer in a written contract, written agreement, or written license specifically authorizing that use.

(b) A licensed engineer shall not unreasonably withhold consent to use his or her documents from a person for whom the

professional engineer provided the services. A licensed engineer may reasonably withhold consent to use the documents for

cause, including, but not limited to, lack of full payment for services provided or failure of the requesting person to fulfill his or

her obligations under a written contract pertaining to the services.

(c) The Legislature finds and declares that the provisions of this section are declaratory of existing law and shall not be construed

to limit or eliminate any right otherwise granted by law.

SEC. 2.

Section 8761.3 is added to the Business and Professions Code, to read:

8761.3.

(a) No person shall use a licensed land surveyor’s maps, plats, reports, descriptions, or other documentary evidence authorized

by Section 8761 without the consent of the licensed land surveyor in a written contract, written agreement, or written license

specifically authorizing that use.

(b) A licensed land surveyor shall not unreasonably withhold consent to use his or her maps, plats, reports, descriptions, or other

documentary evidence from a person for whom the professional land surveyor provided the services. A licensed land surveyor

may reasonably withhold consent to use the maps, plats, reports, descriptions, or other documentary evidence for cause,

New Legislation—Assembly Bill 1551

2014 Issue 2 Page 17

Page 22: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

including, but not limited to, lack of full payment for services provided or failure of the requesting person to fulfill his or her

obligations under a written contract pertaining to the services.

(c) The Legislature finds and declares that the provisions of this section are declaratory of existing law and shall not be

construed to limit or eliminate any right otherwise granted by law.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only

costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction,

eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the

Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California

Constitution.

Dave Woolley is the Legislative Chairman for OC-CLSA if you have any questions or comments regarding this bill or any other

legislation please email him at: [email protected]

New Legislation Continued

2014 Issue 2 Page 18

New Legislation—Assembly Bill 1551—BPELSG Analysis

Board for Professional Engineers and Land Surveyors

Bill Analysis

2014 Legislative Session

BILL: AB 1551 AUTHOR: Holden

TOPIC: Professional engineers and land surveyors: documents

DATE OF INTRODUCTION: 1/27/14

MOST RECENT VERSION: 1/27/14

ANALYSIS DATE: 1/29/14

BILLS LEGISLATIVE HISTORY: Introduced 1/27/14. May be heard in Assembly Committee on

Business, Professions, & Consumer Protection 2/27/14.

BOARD POSITION: Oppose

SUMMARY: Assembly Bill (AB) 1551 prohibits a person from using a licensed engineer's documents, without the written consent of the licensed engineer. The bill would also prohibit a person from using a licensed land surveyor's maps, plats, reports, descriptions, or other documentary evidence without the written consent of the licensed land surveyor. The bill would prohibit a licensed engineer or land surveyor from unreasonably withholding consent to use these documents.

HISTORY: In 2013/14, AB 630 (Chapter 453, Statutes 2013), was passed and prohibits a person from using an architect's instruments of service without a written contract authorizing that use and prohibits an architect from unreasonably withholding consent from the architect's client to use those instruments of service. According to the author's office, the "bill clarifies that a person or entity must have contractual authorization to use the work, or instruments of service, prepared by an architect. By clarifying existing law in plain English, the objective is to establish a clear law that can be used to avoid timely and costly arguments when an unauthorized user attempts to use the instruments of service prepared by an architect."

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2014 Issue 2 Page 19

New Legislation—Assembly Bill 1551—BPELSG Analysis

The American Institute of Architects, California Council (AIACC) sponsored AB 630 based on numerous firms reporting that persons have attempted to use architectural instruments without consent. The AIACC argues that "architects provide a service and not a product. The service cannot be bought and sold except by the architect, with the consent of the architect, or by the client if the architect has transferred ownership of the intellectual property to the client."

The American Council of Engineering Companies (ACEC) is sponsoring AB 1551. The intent of legislation, similar to AB 630, is to provide contractual protections for engineers and land surveyors and the documents, maps, and reports that they create.

COMMENT: AB 1551, as introduced, intends to remove ambiguity as to who is authorized to use engineering documents and land surveyors maps, plats, and reports. Contractual consent must be written into a contract that specifies ownership,

Business and Professions Code (BPC) Sections (§§§§) 6735(b), 6735.3(b), 6735.4(b), and 8761.2 all provide that a professional engineer or land surveyor is not responsible for subsequent changes that are made to his or her civil, electrical, or mechanical engineering or land surveying documents that are made without his or her knowledge, authorization, or approval.

Additionally, BPC §§ 6749 and 8759 describing written contracts between the licensed professional and the client requires multiple descriptions of services that can include the protection of documents, plans, and reports or transfer of ownership of those documents, plans, and reports.

AB 1551 seeks to provide additional protections to the licensed engineer or licensed land surveyor at the consumer's expense. The licensed professional "may reasonably withhold consent to use the documents for cause, including, but not limited to, lack of full payment for services provided or failure of the requesting person to fulfill his or her obligations under a written contract pertaining to the services." The authority provided to the licensed professional regarding withholding consent is vague and offers an opportunity for unseemly professionals to restrict services to consumers and is not providing protection for consumers by its process.

This bill also includes provisions that state "the Legislature finds and declares that the provisions of this sections are declaratory of existing law and shall not be construed to limit or eliminate any right otherwise granted by law." However, it is unclear what "existing law" this purports to be declaratory of. There are no provisions in the Professional Engineers Act and Professional Land Surveyors Act that address "ownership" of engineering and land surveying documents. This proposal appears to be an attempt to move copyright infringement claims or claims of failure of the client to pay for services rendered from the civil courts to the licensing/regulatory board.

This is not a consumer protection bill. AB 1551, as written, protects the licensed professional and unfairly favors the rights of the licensed professional when providing contracted services to the detriment of the consumer, The Board staff recommends and oppose position for this bill.

Orange County is a place where we welcome opinions -

we're interested in what you say, not how you say it.

Letters, emails, suggestions for articles, and all feedback may be sent to:

[email protected]

Page 24: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

Thank you GPSi for your support!

2014 Issue 2

Page 25: The Orange County Witness Corner · 2015-05-13 · THE WITNESS CORNER Is published by the California Land Surveyors Association (CLSA) Orange County Chapter. Views and opinions expressed

2014 Issue 2 Page 20

Prevailing Wage and Qualification Based Selection Must Co-Exist

Future Legislation Must Tie These Two Laws Together For Their Mutual Success By David Woolley

Federal prevailing wage statutes known as the Davis-Bacon Act were enacted during the Great Depression to protect desperate workers from servitude to employers. In this sense, they are not unlike minimum wage laws. Prevailing wage laws pertain to minimum rates of pay for tradesman classified as "laborers" and "mechanics."1 There are, of course, legal definitions of the terms "laborer" and "mechanic." In California, these same statutes and their California counterparts specifically name "land surveying work" in some instances as laborers and mechanics entitling them to prevailing wage rates while failing to appreciate the skill and knowledge required for land surveying in the field. 1. This Classification Creates a Paradox:

The land surveyor is classified as a "professional" under Brooks Act, 40 USC 1101 et. seq. and California Gov. Code § 4525 et. seq.

Yet:

California law and federal statutes specifically includes land surveyors in prevailing wage statutes intended for "laborers" and "mechanics.”

In short, this means that a company hired for a public works construction project must pay their employees according to the tables

above. For definitions of "public works" and "construction" refer to California Labor Code § 1720 which states in part:

“(a) As used in this chapter, "public works" means:

(1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.”

Cal. Labor Code § 1720.

1 See Witness Corner 2014-1 for additional background.

PREVAILINGPREVAILINGPREVAILING

WAGEWAGEWAGE

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2014 Issue 2 Page 21

Prevailing Wage and Qualification Based Selection Must Co-Exist

As a business owner, I do not mind paying prevailing wage, although, at the same time, I am not particularly fond of being classified

as a laborer while maintaining and practicing with a professional license.

2. The Importance of Qualification Based Selection:

The key to successfully paying prevailing wage is that all hiring agencies follow the Qualification Based Selection ("QBS") process

found in the California Mini-Brooks Act, Proposition 35, circa 2000. Price based selection should not be used in combination with

prevailing wage rates.

The QBS process states that firms hired will be chosen based upon their qualifications and demonstrated competence (with scope

and fees to be negotiated as part of the contract). If a hiring agency selects the professional based on price (low bid) or even,

partially based on price (price as a weighted consideration), the firms that shirk prevailing wage requirements will almost always

be awarded contracts – they will be the lowest bidders disregarding the prevailing wage requirements.

This practice of lowest bid, rather than QBS, puts pressure on honest union and non-union firms equally. As any businessperson will

attest, the highest business expense is employee costs. A prevailing wage scofflaw will easily reduce their labor cost by 50%,

making any price based selection biased towards firms which operate outside of the law. Yes, it is against the law and it can be a

felony, but the Department of Industrial Relations is responsible for the enforcement of the Labor Code for every California

jurisdiction. True, they are allegedly staffing up to begin an expanded enforcement program, but there are many, many public

works projects to proctor and the small fry may escape the net.

The Legislature will continue to pass laws furthering the expansion of prevailing wage,

oftentimes with little or no opposition from individual Legislators. Keep in mind the

historically union friendly Democrats currently have a super majority. The opposition,

if any, will likely come from the cities and counties who are the actual hiring agencies.

3. Charter Cities and Prevailing Wage Requirements/Funding:

As a matter of background, cities can be divided into two groups, Charter Cities or a

General Law Cities. In California, roughly 25% of the approximately 480 cities are

Charter Cities. One basis for becoming a Charter City is to enact ordinances that

circumvent the prevailing wage requirements so that the Charter City gets more

service for their tax dollars. This method of enacting laws to avoid paying prevailing

wage only applies to monies which are generated locally, usually through local bond

measures and does not apply to federal or state dollars/grants.

This game of cat and mouse continues with the current Senate Bill 7 ("SB 7"). If passed into law, this bill will allow California to have a two (2) year look back at city public works projects and, if determined that the city incorrectly failed to pay prevailing wage, California can withhold future funding. This strategy is not without precedence. The federal government did the same thing with state highways funds to successfully lower the allowable blood alcohol content when determining DUI arrests/convictions and earlier, to get the states to reduce their respective speed limits to 55 miles per hour. If passed, Charter Cities, using their own bond money, will be required to mandate prevailing wage requirements.

If readers have their own particular druthers, write the sponsor Senate President Pro Tem Darrell Steinberg (D) Sacramento.

4. The Going Forward Perspective – Linking Prevailing Wage Laws to QBS:

In California, prevailing wage is here to stay even though its biggest supporters, the unions, only represent 35% of the public workforce and 6.7% of the private workforce.2 For the foreseeable future, prevailing wage laws will continue to enjoy the support of our super majority in the California Assembly.

This method of enacting

laws to avoid paying

prevailing wage only

applies to monies which

are generated locally,

usually through local bond

measures and does not

apply to federal or state

dollars/grants.

2 United States Bureau of Labor Statistics, Economic News Release, Union Member Summary (January 24, 2014). Available at: www.bls.gov/news.release/union2.nr0.htm.

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2014 Issue 2 Page 22

Prevailing Wage and Qualification Based Selection Must Co-Exist

That being said, there is an inherent weakness in the current California Mini-Brooks Act. This weakness is the lack of downside risk

for hiring agencies and their administrators who do not follow the prescribed process. Unions have no bone to pick with a non-

union firm that properly pays prevailing wage.

(As a matter of fact, by design, the union has a distinct competitive business advantage over a non-union firm that properly pays

prevailing wage. This is a subject for a future article.)

The place we all fall short (union firms, non-union firms and agencies) is by not linking prevailing wage laws with the QBS process.

Conceivably, the agency hiring a land surveying firm could be paying top dollar hourly rates and benefits to an unqualified firm

willing to prepare a dishonest estimate that gets awarded the contract in a low bid process. This method of selection oftentimes

results in contract costs that far exceed the original low bid.

Agencies’ administrators wrongly believe their hands are tied and that they must select low bid land surveyors, especially when the

land surveying component is wrongly included in the construction contractor’s bid. And yes, we do have unscrupulous land

surveying firms that game the system by leaving out construction line items which they understand will be required. The logic is to

get their foot in the door by a low bid, hoping to get a non-confrontational agency project manager, and then begin to battle for

extra charges until the company realizes the cost of a properly priced surveying project. This practice is crude, yet effective, in

many instances. Its prevalence is evidence of their success. This method of conducting business makes working with land

surveyors unpleasant - daily fighting and negotiating costs. Additionally, this process is costly in time wasted and fighting for change

orders with agency folks. The honest firm (oftentimes, the most qualified by training, licensure, experience and equipment) that

prepares a complete estimate will only be the low bid firm if they make a grave error (i.e. by inadvertently mis-quantifying a

contract item).

The cost of doing business is nearly the same for most law abiding firms. Our business costs are comparable (i.e. wages,

equipment, rent, insurances, training, etc.). With the noted exception of a few, very qualified small firms, the cost of doing

business in Southern California assumes a 3.0 multiplier (the employee's salary times 3 equals the billing rate). Therefore, honest

business is inherently competitive. Conversely, if a qualified firm, providing the same services, was able to somehow reduce their

overall cost, why would they reduce their overall rates? Good business does not prohibit a reasonable profit. This is especially true

for qualified small firms. In order to grow a business and better serve clients, a firm must have access to money over a long period

of time. What better method than to charge rates that allows a firm modest growth and the ability to afford new technology?

Ultimately, the QBS process allows the agency to select the most qualified firms, negotiate fair and competitive rates based on

any number of criteria and then, focus on completing a successful project.

My personal experience, with the public clients that select our firm through a QBS process, is we enjoy long term professional

relationships. Without exception, the QBS agency folks conduct business in a fair manner and are good stewards of the public

funds. Each party, agency and contract folks alike, focus on their responsibilities to the actual project. When problems arise (as

they always do) we focus on positive project solutions before a secondary cost benefit analysis.

Just like the truth is always the truth, the best solution is always the best solution. Cost is secondary to the health, safety and

welfare of the project. The low bid folks and their respective firms are not wired to establish these relationships. Working

relationships take time and the low bidders are always out of money. I can only speculate, but it must be uncomfortable to sit in a

room to discuss project solutions with someone you have been nickel and diming for several months, right? On public works

projects, land surveying costs are negligible compared to overall construction costs. Skimping on land surveying is being pennywise

and pound foolish when working with professionals selected by QBS.

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The Board of Directors approved the new rules for the forum. The rules were published early in the fall of 2013. Since that time, a few the regular contributors have removed their content. The traffic has slowed, the content has changed. Members are encouraged to write land surveying content on the forum, within the confines of the new rules, and hopefully, the forum will last through the night.

DEATH WATCH! - State CLSA Forum

2014 Issue 2 Page 23

Prevailing Wage and Qualification Based Selection Must Co-Exist

QBS firms are project and results focused. We seldom have disagreements over costs, procedures or work product. The agencies’

interests are protected and QBS firms enjoy good working relationships with all disciplines (i.e. project managers, engineers,

surveyors, inspectors etc.).

There is an onus on the QBS firm. It was selected because it was determined to be the most qualified. In the event that this firm

does not perform at the level of expectation, it may not be ranked among the most qualified the next time around. It is not

uncommon for agency folks to have the memory of an elephant when they establish a QBS process and place their confidence in a

QBS firm. That firm is expected to live up to the claims made in its statement of qualifications. The agency has a rightful

expectation not to deal with the shenanigans associated with low bidders.

In closing, the point is agency folks, union and non-union firms benefit from a QBS process. The prevailing wage laws are here to

stay. We can expect a handful of prevailing wage laws to pass with each Legislative session. In order to protect the public interest,

the taxpayers and the construction design process, QBS laws need to be modified to add consequences for agencies that have not

realized the benefits of Qualification Based Selection. If the stakeholders can demonstrate the positive symbiotic relationship of

QBS to prevailing wage, we can change the laws in an efficient manner better protecting the public.

Going forward, we will be contacting ACEC COPS and the CLSA Legislative Committee to look for opportunities to piggyback

legislation. As always, we are interested in everyone's thoughts and ideas.

Orange County is a place where we welcome opinions -

we're interested in what you say, not how you say it. Letters, emails, suggestions for articles, and all feedback may be sent to: [email protected]

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Thank you Robert J. Lung & Associates for your support!

2014 Issue 2

Sustaining Members & Classified Advertisements

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2014 Issue 2 Page 24

State CLSA February Board of Directors Meeting Report—Feb. 1, 2014 Oakland, Ca

President Mike Butcher called the meeting to order.

Introductions of all members in attendance.

After a short review, a motion to approve minutes was made.

Director Dave Woolley stated that the minutes should reflect that he and Director Keith Spencer stated at the last Board of

Directors meeting that Director Woolley would continue to report to his Chapter on how he voted at Board meetings.

President Mike Butcher introduced an email to the Board sent by Director Dave Woolley concerning two motions made by

Directors Woolley and Tony Cuomo regarding which Board Guide that CLSA is now using. In reply, Central Office reported that

a motion was voted on and approved in the minutes at the next Board Meeting. Any objections should have been made at that

time if they felt the motions were in error.

Director Jim Herrick made a motion per Section 2.08 of the CLSA Bylaws to begin Board procedures to permanently remove

Director Woolley from the Board of Directors.

* A discussion on Director Herrick’s motion followed. During this discussion, Director Joseph Padilla pointed out

that Section 2.08 only allows for the suspension or expulsion of a member from the Association. Director Herrick

clarified that his motion was only to remove Director Woolley from the Board.

* Director Padilla then stated that the CLSA Bylaws do not address this scenario and that the CLSA would basically

be telling Chapters who they can and cannot send to represent them at the state CLSA level. Director Padilla also

pointed out that Section 2.08 required a 2/3rd vote for approval of this motion.

* President Butcher admitted the Board was in new territory. He said a simple majority vote would be required to

begin procedure and a 2/3rd vote would be required for removal.

* Treasurer Ian Wilson stated that the Board does have authority to proceed with the current motion stating a

section 4.02 & 5.05 of the Bylaws that I did not hear or remember. I have requested this information from

Treasurer Wilson but I have not received a response to date.

* After a group discussion was concluded, a write-in vote was taken and the results were as follows:

21 ayes, 21 nays and 7 abstentions

At this time this motion should have failed.

* Subsequently, President Butcher called for a roll call re-vote and asked anyone who abstained from voting to

explain why they were abstaining. Interestingly, the President did not question the other voters. All Directors

asked stated that this was their first meeting as a Director and they didn’t feel they knew enough to vote

responsibly.

The re-vote results were:

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2014 Issue 2 Page 25

State CLSA February Board of Directors Meeting Report—Feb. 1, 2014 Oakland, Ca

21 ayes, 24 nays and 4 abstentions

(by Orange County count but reported as 21 aye and 22 nays & 4 abstentions in the minutes)

Legislative Advocate Ralph Simone requested an increase in his budget from $42,000 to $50,000. Last year Mr. Simone

exceeded his budget by $300. A discussion ensued and the group noted that Mr. Simone’s budget had not been increased in

the last 5 years. The increase was approved pending Mr. Simone’s submittal of back-up documentation for the increase.

Central Office Report:

CLSA Conference April 12-16 at Town and Country Hotel San Diego

Cutoff date for hotel reservation at $99.00 per night and Conference Registration March 20th.

Golf Tournament on Friday April 11, 2014, registration by March 15th. Student Sponsor requested from each Chapter at

$350.00. Door prizes needed also.

Change of Officers was done installing Rolland VanDeValk as President.

Voting for Members at Large was taken installing Steve Steinhoff (L.A. Chapter) and Annette Lockhart (Sacramento Chapter).

Central Coast Director Ian McClain made a motion to delegate Forum Review and Policing to a third party to relieve Central

Office of this time consuming burden. Central Office informed the Board this was not a burden for them and Central Coast

withdrew its motion.

The Policy and Procedures Committee will meet on March 3, 2014. Jay Seymour requested that all Chapters to send written

comments for Sections 5.04 through 15.01 by February 24, 2014 for consideration in the Bylaw changes.

The Ad Hoc Committee submitted the Preparedness Plan/Contract for Central Office for review by the Board. The Board

accepted the preparedness plan and sent the contract back to the Committee for review and revision of the contract per

questions by Director Paul Lamoreaux and attorney review hired by Director Dave Woolley.

NSPS MOU as modified by CLSA to be presented to NSPS at our Conference in April.

Legislation is being introduced from outside of CLSA. The author seeking CLSA input prior to introducing the bill. The proposed

changes are as follows:

California Business & Professions Code §8726:

(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, easement or corner, or sets, resets, or replaces any monument or reference point California Business & Professions Code §8762:

(b) Notwithstanding subdivision (a), after making a field survey in conformity with the practice of land surveying, the licensed land surveyor or licensed civil engineer shall file with the county surveyor in the county in which the field survey was made a record of the survey relating to land

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2014 Issue 2 Page 26

State CLSA February Board of Directors Meeting Report—Feb. 1, 2014 Oakland, Ca

boundaries, property lines or easements, if the field survey discloses any of the following:

(5) The points or lines set during the performance of a field survey of any parcel described in any deed, easement or other(instrument of title)(remove) real estate instrument recorded in the county recorder's office are not shown on any subdivision map, official map, or record of survey.

Board of Directors took a watch position.

END OF BOARD OF DIRECTORS REPORT.

Respectively submitted by Joseph Padilla, PLS, Orange County Chapter Vice President, 2014 OC-CLSA Director.

Orange County is a place where we welcome opinions -

we're interested in what you say, not how you say it. Letters, emails, suggestions for articles, and all feedback may be sent to: [email protected]

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2014 Issue 2 Page 27

Expulsion or Suspension of a Member or Director from CLSA

By David Woolley

Because of the events at this February’s CLSA meeting, I thought it prudent to review the CLSA Articles of Incorporation and

Bylaws and the Orange County CLSA Chapter’s Constitution and Bylaws for the correct procedures for removing either a

member or a director from our organizations. You never know when this information may become useful, particularly to me at

say, the next meeting.1

The Orange County Chapter’s CLSA Constitution and Bylaws (hereinafter “OC CLSA Bylaws”) defers to the CLSA Articles of

Incorporation (“Articles”) and CLSA Bylaws (“Bylaws”) in any areas of conflict. The OC CLSA Bylaws Article III state in relevant

part:

“The Chapter is a subsidiary organization of the California Land Surveyors Association, which has been

charter as provided in these Bylaws.”

“The chapter shall meet all requirements imposed upon the chapter by the Articles of Incorporation

and the Association Bylaws.”

The OC CLSA Bylaws also state:

“Expulsion or suspension from the Chapter shall require a two-thirds majority of those voting at the

Chapter meeting. Thirty (30) days notice shall be given to the alleged offending member so

he/she may be present and heard, if he/she chooses, at the discussion of such action.”

This bylaw was certainly not followed. Additionally, the OC CLSA Bylaws also state:

“Nothing in this section shall be construed to prohibit a chapter from directing any Chapter

Representative from proposing and debating actions or positions at any Board of Directors

meeting.”

Section 2.08 of the CLSA Bylaws states:

“A member may be suspended or expelled from the Association for willful disregard of the

Association’s principles and purposes, or for conduct detrimental to the Association’s

welfare. Suspension or expulsion shall require a two-thirds vote of the total number of

voting members of the Board of Directors. The Secretary shall give the member at least thirty days

notice by certified mail, return receipt, so that the alleged offending member may be present and

heard at the Board action on the matter, if the member so chooses.”2

As you can plainly read from this section, a member must be given 30 days notice of any possible suspension or expulsion and

an opportunity to defend himself/herself against any allegations. Only after this opportunity, the Board of Directors (by two

thirds vote) can remove the member. Clearly this process was not followed in February.

Furthermore, even if you accept the argument that the Board had attempted to remove me as a Director and not a member,

Section 5.05 clearly states: (continued on next page)

1This article will give a preliminary overview; however, I have written a longer article for our Quarterly Newsletter including case law

analysis, director and officer liability for actions and a review of relevant treatises on this important topic. My attorney is editing this

article now. It will prove to be an important and entertaining piece of literature to be sure.

2CLSA Bylaws § 4.01 states:

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“The voting members of the Board of Directors shall be the President, the elective officers of the Association, the Immediate Past

President, and the Chapter Representatives.”

“Every act or decision done or made by a majority of the directors having the right to vote present at a

meeting duly held at which a quorum is present is the act of the Board of Directors unless the Articles of

Incorporation, these Bylaws, or the laws of the State of California require a greater percentage or

different voting rules for approval of a matter by the Board.”

In this case, a Director must still be given notice and an opportunity to address the charges against him or her. The duty to comply

with the common law right to fair procedure arises if the entity in which the applicant seeks membership possesses sufficient

market power the exclusion significantly impairs the practice of the applicant’s profession or affects a substantial economic

interest. Palm Medical Group, Inc. v. State Compensation Ins. Fund (App. 1 Dist. 2008) 74 Cal. Rptr. 3d 266. The common law fair

procedure doctrine applies primarily to decisions affecting membership in private organizations that affect the public interest,

particularly when there are substantial economic ramifications from exclusions. Id. The purpose of the common law right to fair

procedure is to protect, in certain situations, against a private organization’s arbitrary decisions regarding membership in the

organization. Kurz v. Federation of Petanque U.S.A. (App. 1 2006) 146 Cal. App. 4th 136.

California courts have recognized the effect that exclusion from membership in a private organization exerts upon a person’s right

to pursue a particular profession or calling. Ezekial v. Winkley (1977) 20 Cal. 3d 267, 271. Exclusions from such groups have been

deemed “arbitrary” when it is substantively unreasonable, internally irregular, or procedurally unfair. Id. at 272. Common law

right to a fair procedure includes adequate notice of the charges and a reasonable opportunity to respond. Id. Certain private

entities possess substantial power either to thwart an individual’s pursuit of a lawful trade or profession, or to control the terms

and conditions under which it is practiced. Id.

“We have said that the right to practice a lawful trade or professional is sufficiently “fundamental” to

require substantial protection against arbitrary administrative interference, either by government or by a

private entity.”

Id.

“One may not be expelled from membership in a private association without charges, notice and hearing.

The common law protection against arbitrary expulsion, judicially declared is of broader application and

has been extended not only to labor unions [citations omitted] and professional and trade organizations

[citations omitted] but to mutual benefit societies [citations omitted] and other fraternal and social

groups. The underlying theme of these decisions, variously stated, is that membership in an association,

with its associated privileges, once attained, is a valuable interest which cannot be arbitrarily

withdrawn.”

Id. at 272-273 [emphasis added].

A private organization is legally required to refrain from arbitrary action – the action to exclude or expel must be substantively

rational and procedurally fair and applies to organizations consisting of licensed professionals. 36 Cal. Jur. 3d Healing Arts and

Institutions § 4. Fair procedure is required in cases of expulsion and also where the member’s proposed discipline also adversely

affects their substantial property, contract or other economic rights. Id. The minimum requirements of fair procedure are:

Adequate notice of charges and a reasonable opportunity to respond;

The right to a tribunal that meets the prevailing standards of impartiality;

The opportunity to confront and cross-examine one’s accusers and to examine and refute their evidence;

The opportunity to present a defense. Id.

2014 Issue 2 Page 28

Expulsion or Suspension of a Member or Director from CLSA

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CALTRANS Liaison Report

2014 Issue 2 Page 29

February 2014 OC CLSA Board Meeting

General Caltrans Information

On January 9th the Governor proposed his 2014-15 budget which includes $10.9 billion in expenditures for Caltrans. The

State Transportation Improvement Plan (STIP) and the State Highway Operations and Protection Plan (SHOPP) are

adequate.

The State Smart Transportation Initiative (SSTI) is in final program review. Its recommendations should be out soon.

Watch for a new publication: “The Mile Marker- A Caltrans Performance Report” which will focus on safety, maintenance,

improving mobility, and operating efficiency.

Caltrans District 12 Professional Liaison Committee (PLC) Meetings

PLC Meeting on September 24, 2013 (see attached minutes).

PLC Meeting on January 28, 2014:

Despite a reduced budget, staffing at District 12 is level with numerous projects pending.

The Orange County Transportation Authority (OCTA) headquarters building with remain in the same place for another fifteen

years.

Caltrans and OCTA have numerous projects pending along the I-5 corridor between El Toro and Hwy. 73.

Caltrans Headquarters (Sacramento) is proposing changes to the selection process concerning Statement of Qualifications

(SOQ) for consultants and their provided references.

Focus Session: (at the end of the January 28th meeting)

“Maintaining Traffic Management System Elements During Construction” by Morteza Fahrtash

A seven minute delay in traffic accident reporting (traffic management system) results in a one mile backup.

Fines for infractions are progressive (by type and duration) ranging up to $2,000 per day.

Respectfully submitted by Don Mertens, OC CLSA Caltrans Liaison

February 10, 2014.

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CALTRANS District 12—Professional Liaison Meeting Minutes

2014 Issue 2 Page 30

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CALTRANS District 12—Professional Liaison Meeting Minutes

2014 Issue 2 Page 31

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JPPC Minutes—Orange County (Final Draft For Approval At Next Meeting)

2014 Issue 2 Page 32

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JPPC Minutes—Orange County (Final Draft For Approval At Next Meeting)

2014 Issue 2 Page 33

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No minutes ready at time of print. Look for minutes in coming issues.

CLSA—Orange County Minutes

2014 Issue 2 Page 34

Next Executive Committee meeting will be held at D. Woolley & Associates, Inc.,

2832 Walnut Ave, Suite A Tustin, CA 92780

March 11, 2014 at 5:30 PM

All members are welcome to attend.

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Please save the date for the

Cal Poly Pomona Conference

Co-Sponsored by:

that will be held September 26-27, 2014 at

Cal Poly Pomona

The Orange County Chapter of CLSA is interested in your thoughts!

Please list three (3) specific topics that would be of interest to you as a future seminar or workshop

presentation.

Please check the general topics that would be of interest to you for future seminar or workshop

presentation.

Please email your topics of interest to: Dave Woolley – [email protected] (OCCLSA and professional contact) Dr. Neto – [email protected] (Cal Poly Pomona contact) Steven Mendoza – [email protected] (student activities contact)

1.

2.

3.

Business/Professional Practice Technology

Business Development ALTA BIM/3D Modeling

Contracts Boundary CADD

Dispute Mediation Geodesy Cloud Computing

Ethics Legal Descriptions Geospatial Apps

Negotiations Public Lands GIS

Davis-Bacon/Prevailing Wage Right-of-Way GNSS

Qualification

Based Selection

Subdivision LiDaR

Other Title Other

Other

2014 Issue 2 Page 35

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We want comments, articles, opinions, etc.

"Please do not worry about writing prose, we

have editors to make us look good."

Letters, emails, suggestions for articles, and all feedback my be sent to:

[email protected]

California Land Surveyors

Association - Orange County

THE WITNESS CORNER Is published by the California

Land Surveyors Association (CLSA) Orange County

Chapter. Views and opinions expressed are solely those

of the authors and do not represent the California Land

Surveyors Association (CLSA).

Letters, emails, suggestions for articles, and all feedback

my be sent to:

[email protected]

THE WITNESS CORNER WANTS YOU!

Visit us on the web at:

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