HomeMy WebLinkAboutPrecision Civil Engineering - Pump Station 372 - 2021DPU-S 8.3 /03-24-14
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective the ____ day of January, 2021,
by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred
to as "CITY"), and Precision Civil Engineering, Inc., a California Corporation (hereinafter
referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional environmental review services for
preparation of environmental assessment documents pursuant to the California Environmental
Quality Act (CEQA) for construction of Pump Station 372, hereinafter referred to as the
“Project;” and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as a Civil
Engineering and Environmental Review firm and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and
WHEREAS, this Agreement will be administered for CITY by its Director of Public
Utilities (hereinafter referred to as "Director") or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties, it is
mutually agreed as follows:
1.Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the
services described in Exhibit A, including all work incidental to, or necessary to perform, such
services even though not specifically described in Exhibit A.
2.Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above and shall continue in full force and effect through the
earlier of complete rendition of the services hereunder or December 31, 2021, subject to any
earlier termination in accordance with this Agreement. The services of CONSULTANT as
described in Exhibit A are to commence upon CITY’S issuance of a written “Notice to Proceed.”
Work shall be undertaken and completed in a sequence assuring expeditious completion, but in
any event, all such services shall be completed within 200 consecutive calendar days from such
authorization to proceed.
3. Compensation.
(a)CONSULTANT’S sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total fee not to exceed
Twenty-Nine Thousand Two Hundred Twenty Dollars ($29,220), paid on a time and materials
basis in accordance with the schedule of fees contained in Exhibit A, and a contingency
amount not to exceed Five Thousand Dollars ($5,000.00) for any additional work rendered
pursuant to Subsection (c) below and authorized in writing by the Director.
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(b) Detailed statements shall be rendered monthly and will be payable in the
normal course of CITY business. CITY shall not be obligated to reimburse any expense for
which it has not received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense.
(c) The parties may modify this Agreement to increase or decrease the
scope of services or provide for the rendition of services not required by this Agreement, which
modification shall include an adjustment to CONSULTANT’S compensation. Any change in the
scope of services must be made by written amendment to the Agreement signed by an
authorized representative for each party. CONSULTANT shall not be entitled to any additional
compensation if services are performed prior to a signed written amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of CITY to
CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party
against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to
CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations
hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project;
or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all
of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and
all properties and materials in the possession of CONSULTANT that are owned by CITY.
Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be
paid for any work or services performed or costs incurred which reasonably could have been
avoided.
(c) In the event of termination due to failure of CONSULTANT to satisfactorily
perform in accordance with the terms of this Agreement, CITY may withhold an amount that
would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by
such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a
waiver by CITY of any breach of this Agreement which may then exist on the part of
CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with
respect to the breach.
(d) Upon any breach of this Agreement by CONSULTANT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to
it under applicable laws of the State of California or any other applicable law; (ii) proceed by
appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct,
indirect, consequential, economic and incidental damages for the breach of the Agreement. If it
is determined that CITY improperly terminated this Agreement for default, such termination shall
be deemed a termination for convenience.
(e) CONSULTANT shall provide CITY with adequate written assurances of
future performance, upon Director’s request, in the event CONSULTANT fails to comply with
any terms or conditions of this Agreement.
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(f) CONSULTANT shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault
or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of
common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably
possible after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall
promptly give written notice to Director of the cessation of such occurrence.
5. Confidential Information, Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by
CONSULTANT pursuant to this Agreement shall not be made available to any individual or
organization by CONSULTANT without the prior written approval of CITY. During the term of
this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of
CITY, disclose to anyone any Confidential Information. The term Confidential Information for
the purposes of this Agreement shall include all proprietary and confidential information of CITY,
including but not limited to business plans, marketing plans, financial information, designs,
drawings, specifications, materials, compilations, documents, instruments, models, source or
object codes and other information disclosed or submitted, orally, in writing, or by any other
medium or media. All Confidential Information shall be and remain confidential and proprietary
in CITY.
(b) Any and all original sketches, pencil tracings of working drawings, plans,
computations, specifications, computer disk files, writings and other documents prepared or
provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of
preparation and shall be turned over to CITY upon expiration or termination of the Agreement or
default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such
drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any
other person except as otherwise expressly provided herein. CITY may modify the design
including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans,
computations, specifications, computer disk files, writings and other documents in completed
form as to other projects or extensions of this Project, or in uncompleted form, without specific
written verification by CONSULTANT will be at CITY’S sole risk and without liability or legal
exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and
specifications for its sole and exclusive use.
(c) If CONSULTANT should subcontract all or any portion of the services to
be performed under this Agreement, CONSULTANT shall cause each subcontractor to also
comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and
its subcontractors, if any, are skilled in the profession and shall perform in accordance with the
standards of said profession necessary to perform the services agreed to be done by it under
this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and
perform such services in a skillful manner and CONSULTANT agrees to thus perform the
services and require the same of any subcontractors. Therefore, any acceptance of such
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services by CITY shall not operate as a release of CONSULTANT or any subcontractors from
said professional standards.
7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death at
any time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to,
or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals,
officers, employees, agents or volunteers in the performance of this Agreement.
If CONSULTANT should subcontract all or any portion of the services to be performed
under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and volunteers
in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into
and part of this Agreement, with an insurance company(ies) either (i) admitted by the California
Insurance Commissioner to do business in the State of California and rated no less than “A-VII”
in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk
Manager or his/her designee at any time and in his/her sole discretion. The required policies of
insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts
stated therein. However, the insurance limits available to CITY, its officers, officials, employees,
agents and volunteers as additional insureds, shall be the greater of the minimum limits
specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension,
CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall be
discontinued immediately, and all payments due or that become due to CONSULTANT shall be
withheld until notice is received by CITY that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to
CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to
terminate this Agreement. No action taken by CITY pursuant to this section shall in any way
relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain
any required insurance” shall include, without limitation, notification received by CITY that an
insurer has commenced proceedings, or has had proceedings commenced against it, indicating
that the insurer is insolvent.
(c) The fact that insurance is obtained by CONSULTANT shall not be
deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability
under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability
nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under
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the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If CONSULTANT should subcontract all or any portion of the services to
be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-
consultant to provide insurance protection, as an additional insured, to the CITY and each of its
officers, officials, employees, agents and volunteers in accordance with the terms of this
section, except that any required certificates and applicable endorsements shall be on file with
CONSULTANT and CITY prior to the commencement of any services by the subcontractor.
CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status
for CITY, its officers, officials, employees, agents and volunteers by using Insurance Service
Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an
executed manuscript company endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to CITY’S execution of this Agreement, CONSULTANT shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth in
Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and
duty to immediately notify CITY in writing of any change to the information provided by
CONSULTANT in such statement.
(b) CONSULTANT shall comply, and require its subcontractors to comply,
with all applicable (i) professional canons and requirements governing avoidance of
impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and
regulations including, without limitation, California Government Code Section 1090 et. seq., the
California Political Reform Act (California Government Code Section 87100 et. seq.), the
regulations of the Fair Political Practices Commission concerning disclosure and disqualification
(2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno
Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY,
CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full
compliance with all laws and regulations. CONSULTANT shall take, and require its
subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon
discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall
immediately notify CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder,
CONSULTANT shall not employ or retain the services of any person while such person either is
employed by CITY or is a member of any CITY council, commission, board, committee, or
similar CITY body. This requirement may be waived in writing by the City Manager, if no actual
or potential conflict is involved.
(d) CONSULTANT represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
(e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors
performing any services on this Project, shall bid for, assist anyone in the preparation of a bid
for, or perform any services pursuant to, any other contract in connection with this Project.
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CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any
other contract with a third party in connection with this Project unless such interest is in
accordance with all applicable law and fully disclosed to and approved by the City Manager, in
advance and in writing.
(f) If CONSULTANT should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, CONSULTANT shall include the
provisions of this Section 9 in each subcontract and require its subcontractors to comply
therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event CONSULTANT maintains an office or operates
a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of
the City of Fresno, CONSULTANT at its sole cost and expense shall:
(i) Immediately establish and maintain a viable and ongoing recycling program,
approved by CITY’S Solid Waste Management Division, for each office and
facility. Literature describing CITY recycling programs is available from CITY’S
Solid Waste Management Division and by calling City of Fresno Recycling
Hotline at (559) 621-1111.
(ii) Immediately contact CITY’S Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste
Management Division the establishment of the recycling program in paragraph (i)
above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of
CITY within the body of this Agreement, and not otherwise specifically provided for, shall be
effective only if signed by the Director or his/her designee.
(b) Records of CONSULTANT’S expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to CITY or its authorized
representatives upon request during regular business hours throughout the life of this
Agreement and for a period of three years after final payment or, if longer, for any period
required by law. In addition, all books, documents, papers, and records of CONSULTANT
pertaining to the Project shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations,
audit or other action is commenced before the expiration of said time period, all records shall be
retained and made available to CITY until such action is resolved, or until the end of said time
period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the
services to be performed under this Agreement, CONSULTANT shall cause each subcontractor
to also comply with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
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(c) Prior to execution of this Agreement by CITY, CONSULTANT shall have
provided evidence to CITY that CONSULTANT is licensed to perform the services called for by
this Agreement (or that no license is required). If CONSULTANT should subcontract all or any
portion of the work or services to be performed under this Agreement, CONSULTANT shall
require each subcontractor to provide evidence to CITY that subcontractor is licensed to
perform the services called for by this Agreement (or that no license is required) before
beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, CONSULTANT shall not employ discriminatory practices in the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT
agrees as follows:
(a) CONSULTANT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded
from participation in, be denied the benefits of, or be subject to discrimination under any
program or activity made possible by or resulting from this Agreement.
(b) CONSULTANT will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status
as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that
applicants are employed, and the employees are treated during employment, without regard to
their race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S
employment practices including, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination clause.
(c) CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will
receive consideration for employment without regard to race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) CONSULTANT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice
advising such labor union or workers' representatives of CONSULTANT’S commitment under
this section and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
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(e) If CONSULTANT should subcontract all or any portion of the services to
be performed under this Agreement, CONSULTANT shall cause each subcontractor to also
comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSULTANT is
acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers,
agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or
associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the
manner or method by which CONSULTANT shall perform its work and functions. However,
CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is
performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY’S
express written consent. Except to the extent otherwise provided in this Agreement,
CONSULTANT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, CONSULTANT and
its officers, agents and employees shall have absolutely no right to employment rights and
benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for
all payroll and tax withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits. In addition,
together with its other obligations under this Agreement, CONSULTANT shall be solely
responsible, indemnify, defend and save CITY harmless from all matters relating to employment
and tax withholding for and payment of CONSULTANT'S employees, including, without
limitation, (i) compliance with Social Security and unemployment insurance withholding,
payment of workers’ compensation benefits, and all other laws and regulations governing
matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in
CITY employment benefits, entitlements, programs and/or funds offered employees of CITY
whether arising by reason of any common law, de facto, leased, or co-employee rights or other
theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be
providing services to others unrelated to CITY or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by
United States registered or certified mail, with postage prepaid, return receipt requested,
addressed to the party to which notice is to be given at the party's address set forth on the
signature page of this Agreement or at such other address as the parties may from time to time
designate by written notice. Notices served by United States mail in the manner above
described shall be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all
parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties'
respective heirs, successors, assigns, transferees, agents, servants, employees and
representatives.
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16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no
assignment by CONSULTANT of its rights or obligations under this Agreement without the prior
written approval of the City Manager or his/her designee. Any attempted assignment by
CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by
the City Manager or his/her designee.
(b) CONSULTANT hereby agrees not to assign the payment of any monies
due CONSULTANT from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due
CONSULTANT directly to CONSULTANT.
17. Compliance With Law. In providing the services required under this Agreement,
CONSULTANT shall at all times comply with all applicable laws of the United States, the State
of California and CITY, and with all applicable regulations promulgated by federal, state,
regional, or local administrative and regulatory agencies, now in force and as they may be
enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement. No provisions of this Agreement may
be waived unless in writing and signed by all parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for
purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the parties and that, should any provision of this Agreement
be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against either party, but rather by construing the terms in accordance
with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
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25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this
Agreement shall control and take precedence over the terms and conditions expressed within
the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the parties, provided
for within the body of this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the preamble of
this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not
intended that any rights or interests in this Agreement benefit or flow to the interest of any third
parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and
integrated agreement between the parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be modified only by written instrument duly authorized and executed by both
CITY and CONSULTANT.
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Michael Carbajal,
Director
Department of Public Utilities
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #DPU-S 8.3 has been
used without modification, as certified by
the undersigned.
By:
Anita Luera
Supervising Engineering Technician
Department of Public Utilities
REVIEWED BY:
Brock D. Buche, PE,
Assistant Director
Department of Public Utilities
Addresses:
CITY:
City of Fresno
Attention: Anita Luera,
Supervising Engineering Technician
2101 G Street, Building A
Fresno, CA 93706
Phone: (559) 621-5300
FAX: (559) 498-4126
PRECISION CIVIL ENGINEERING, INC.,
a California Corporation
By:
Name:
Title:
(if corporation or LLC, Board
Chair, Pres. or Vice Pres.)
By:
Name:
Title:
(if corporation or LLC, CFO,
Treasurer, Secretary or Assistant
Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
Precision Civil Engineering, Inc.
Attention: Edward Dunkel, Jr.,
President, CEO
1234 O Street
Fresno, CA 93721
Phone: (559) 449-4500
FAX: (559) 449-4515
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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President & CEO
1/4/2021
Edward Dunkel
1/4/2021
Vice President
Nathan Gleaves
1/4/2021
1/6/2021
1/8/2021
1/8/2021
Marco Martinez
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Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("City")
and Precision Civil Engineering, Inc. ("Consultant")
CEQA ENVIRONMENTAL ASSESSMENT FOR PUMP STATION 372
PROJECT INITIATION
SCHEDULE: JANUARY 2021
TASK 1.1. KICK-OFF MEETING
Upon receiving notice to proceed from the City, Consultant will facilitate a kick-off meeting
with City staff to discuss the overall Work Program and Schedule in addition to develop
the project definition, confirm availability of background information (e.g. site plan,
operational statement, reports, and studies), and answer clarifying questions. From this
meeting, Consultant will prepare a detailed and accurate project description for the project
analysis.
Deliverables
• One (1) Kick-Off Meeting
• Project Description
FIELD INVESTIGATIONS AND TECHNICAL STUDIES
SCHEDULE: JANUARY - MARCH 2021
TASK 2.1. FIELD INVESTIGATIONS AND TECHNICAL STUDIES
Consultant will begin by reviewing the existing site conditions and available information
provided by City staff for the subject parcel and neighboring parcels. Consultant will also
review the Phase 1 Environmental Assessment, if prepared. Consultant is also prepared
to engage its sub-consultants (i.e., Argonaut Ecological Consulting for Biological and
Peak & Associates for Cultural Resources) to conduct biological and cultural studies as
deemed necessary by field investigations. A Biological Resources technical study will
include searches of various biological databases and mapping of findings. A Cultural
Resources technical study may include the following: (1) Southern San Joaquin Valley
Information Center Record Search, (2) Native American Heritage Commission Files
Check, and (3) Field Survey. If these studies are deemed necessary, Consultant
anticipates four (4) to six (6) weeks for completion.
Deliverables
• Biological Resources Technical Study (if deemed necessary)
• Cultural Resources Technical Study (if deemed necessary)
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PROJECT COORDINATION WITH RESPONSIBLE AGENCIES
SCHEDULE: JANUARY - MARCH 2021
TASK 3.1. PROJECT COORDINATION WITH RESPONSIBLE AGENCIES
Consultant will work with Public Utilities staff in addition to the assigned City Planner for
the related land use application to ensure that all potential environmental issues are
addressed in the Initial Study (IS). From a review of existing conditions, the subject site
appears to be disturbed and graded; field investigations will determine whether
Consultant will need to engage additional agencies. It is important to understand any
initial project comments from responsible agencies (i.e., Fire, Health Department, Air
District, etc.) since these comments could identify potential environmental impacts. Based
on the initial review of publicly available information on the City’s FAASTER system, it
appears that these agencies provided minimal project comments, meaning that the
potential for controversy or unknown impacts are minimal. Consultant does note that the
project site is within the South Industrial Priority Area Specific Plan Area that is currently
undergoing planning analysis but does not anticipate that process affecting the
environmental review for the subject project. Lastly, Consultant will undertake the AB 52
Tribal Consultation within the first month following project initiation.
Deliverables
• AB 52 Tribal Consultation Letter and copies of correspondence with responsible
agencies
INITIAL STUDY
SCHEDULE: MARCH - JUNE 2021
TASK 4.1. ADMINISTRATIVE DRAFT INITIAL STUDY AND ND/MND*
Consultant will prepare an Administrative Draft IS and Negative Declaration/Mitigated
Negative Declaration (ND/MND) in conformance with the California Environmental
Quality Act (CEQA) and any relevant case law. Consultant will utilize any established
templates, specifications, background information, or setting language provided by the
City. The Administrative Draft IS will include the following at minimum: introduction with
project overview, project description (i.e., location, vicinity, site plan, and elevations),
environmental checklist form (per CEQA Guidelines), and evaluation of environmental
impacts in addition to basic document components such as a cover page, table of
contents, figures list, and references. The City will review the Administrative Draft IS and
ND/MND and provide comments and revisions as necessary.
As part of drafting the IS, Consultant will do the following:
• Utilize the applicant’s project description and project drawings to prepare a more
detailed project description/operational statement for the initial study.
• Prepare a project vicinity map to be utilized within the body for the initial study.
• Establish thresholds of significance and analyze the project in relation to these
thresholds.
• Run CalEEMod to determine air quality impacts.
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• Analyze all impact sections identified in the 2020 CEQA Guidelines Appendix G
checklist; and, update the checklist when and if changes are made to Appendix G
in the 2021 CEQA Guidelines.
• Analyze and determine the significance of project impacts for each area of
potential impact. Impacts that are found to be less than significant will be
described, and impacts found to be potentially significant (if any) will be described
and mitigation measures that will bring impacts to below the significance
thresholds, will be identified.
*If it is determined that an Environmental Impact Report (EIR) is required, Consultant is
prepared to address related additional tasks. See Task 8 and additional fees below.
Deliverables
• Administrative draft IS and ND/MND
TASK 4.2. PUBLIC DRAFT INITIAL STUDY AND ND/MND
Consultant will revise the Administrative Draft IS to incorporate City comments and
revisions as appropriate. Once ready, Consultant will provide the City with a Screencheck
Draft to review for clarity, grammar, spelling, and minor issues. After the City reviews and
accepts the Screencheck Draft, Consultant will finalize the Draft IS and ND/MND for
public circulation, review, and comment (See Task 5 below).
Deliverables
• Screencheck Draft IS and ND/MND
• Draft IS and ND/MND
TASK 4.3. ADMINISTRATIVE FINAL INITIAL STUDY AND ND/MND & MMRP
Once the public review period ends, Consultant will incorporate comments as needed
and submit to the City the Administrative Final IS and ND/MND for review. This task will
also include preparation of the Mitigation Monitoring and Reporting Program (MMRP):
mitigation measures, parties responsible for implementation and/or monitoring, and
implementation time frame. The City will review the Administrative Final IS and ND/MND
and the MMRP and provide comments and revisions as appropriate.
Deliverables
• Responses to Comments on the Draft IS and ND/MND
• Administrative Final IS and ND/MND
• MMRP
TASK 4.4. FINAL INITIAL STUDY AND ND/MND & MMRP
Consultant will revise the Administrative Final IS and ND/MND and MMRP to incorporate
City comments and revisions as appropriate. Consultant will work with the assigned City
Planner or DPU staff to ensure the completed documents are ready for discretionary
approval or related actions (See Task 6 below).
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PUBLICATION AND PUBLIC REVIEW
SCHEDULE: APRIL - JUNE 2021
Deliverables
• Final IS and ND/MND and MMRP
TASK 5.1. NOTICE OF INTENT
When the Public Draft IS and ND/MND are approved as to form by the City (See Task 4.2
above), Consultant will prepare the Notice of Intent (NOI) in the City's standard format
and prepare the NOI language for the Fresno Bee publication. Consultant will coordinate
and pay for the newspaper publication before the official public review period begins.
Consultant will file the NOI and Public Draft IS and ND/MND with the County Clerk and
will provide copies for the City to be available during the 30-day public review period.
Deliverables
• NOI and Publication
TASK 5.2. STATE CLEARINGHOUSE
Consultant will prepare and electronically submit the required Notice of Completion
(NOC), NOI, and Summary Form with the Public Draft IS and ND/MND to the State
Clearinghouse (SCH) for routing, and will track comments from responsible reviewing
agencies during the review period.
Deliverables
• NOC, NOI, and Summary Form to be posted on the SCH CEQA Portal
TASK 5.3. RESPONSES TO PUBLIC AND AGENCY COMMENTS
Consultant will track public and agency comments received during the review period and
will prepare responses as appropriate. In particular, Consultant will assist the City with
explanations for how public and agency comments affect the conclusion of the Public
Draft IS and ND/MND. This includes any research and technical expertise needed to
adequately address comments received. If comments require republication, Consultant
will strategize with the City to ensure the comment period ends before discretionary
approval or related actions of the Draft IS and ND/MND (See Task 6.1.).
Deliverables
• Responses to Comments on the Draft IS and ND/MND
TASK 5.4. NOTICE OF DETERMINATION
Consultant will prepare a Notice of Determination (NOD) to be filed with the County Clerk
and the SCH within five (5) days after discretionary approval or related actions.
APPROVAL PROCESS
SCHEDULE: JUNE 2021
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Deliverables
• NOD
TASK 6.1. APPROVAL PROCESS
As necessary, Consultant will support public relations events and respond to all inquiries
leading up to discretionary approval or related actions. Consultant will also coordinate
completion of materials with the assigned City Planner and DPU staff. If required,
Consultant will attend public hearings to answer questions regarding the analysis and
conformance with CEQA requirements. Upon discretionary approval or related actions,
Consultant will prepare and file the NOD (See Task 5.4).
Deliverables
• NOD
PROJECT MANAGEMENT
SCHEDULE: JANUARY - JUNE 2021
TASK 7.1. PROJECT MANAGEMENT
Consultant will schedule monthly coordination meetings with City staff to provide updates
and obtain additional information as needed. Consultant will use these meetings to
present Administrative Draft documents, coordinate schedule updates, and prepare for
the approval process as appropriate. In consultation with the City, Consultant will prepare
meeting agendas and meeting minutes. Monthly progress reports that detail decisions
and action items from monthly meetings, schedule updates, and billing by task will be
provided to the City.
Deliverables
• Monthly Coordination Meetings
• Meeting Agendas and Meeting Minutes
• Monthly Progress Reports, including billing by task
ENVIRONMENTAL IMPACT REPORT (OPTIONAL)
SCHEDULE: MARCH - NOVEMBER 2021
If the Initial Study indicates substantial evidence that significant impacts may occur from
the proposed project, then Consultant is prepared to conduct the following tasks to
prepare an EIR.
TASK 8.1. NOTICE OF PREPARATION
Consultant will prepare and send a Notice of Preparation (NOP) for the EIR to responsible
agencies, interested parties, and organizations in order to provide sufficient information
describing the proposed project and potential environmental effects for a 30-day public
review period. Consultant will also coordinate posting of the NOP with the Fresno County
Public Library and City of Fresno.
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Deliverables
• NOP and Publication
TASK 8.2. SCOPING MEETING
Consultant will attend any public scoping meeting(s), which intends to inform the public
about the project to be evaluated under CEQA and to solicit public comment regarding
the type and extent of environmental analyses to be undertaken. If desired, Consultant
will provide an overview of the CEQA process and help answer questions about the
process. Upon completion of the public scoping process, Consultant will assist the City
with organizing public comments for consideration in the preparation of the Draft EIR
(DEIR).
Deliverables
• CEQA Overview Presentation (if desired)
• Responses to Comments
TASK 8.3. DRAFT EIR AND PUBLIC REVIEW
Consultant will prepare an Administrative Draft EIR (ADEIR), Screencheck DEIR, and a
Public Review DEIR that evaluate the potential environmental impacts and consider any
public comments received from the scoping process. The City will have the opportunity
to review the ADEIR and Screencheck DEIR before Consultant finalizes the Public
Review DEIR for public circulation. Upon completion of the Public Review DEIR,
Consultant will prepare and electronically submit the NOC, Notice of Availability, DEIR,
Initial Study, and Summary Form to the SCH for routing and will track comments from
responsible agencies during the review period. Consultant will also coordinate and pay
for newspaper publication, file with the County Clerk, and provide copies to the City for
the 45-day public review period. Additionally, Consultant will attend any DEIR public
meeting(s) and assist the City with organizing public comments received to be addressed
in the Final EIR.
Deliverables
• Administrative Draft EIR
• Screencheck DEIR
• Public Review DEIR
• NOC, Notice of Availability, DEIR, Initial Study, and Summary Form to be posted
on the SCH CEQA Portal
• Notice of Availability Publication
• Responses to Comments
TASK 8.4. FINAL EIR WITH MMRP AND STATEMENT OF OVERRIDING
CONSIDERATIONS
Consultant will prepare an Administrative Final EIR, Screencheck Final EIR, and Final
EIR that incorporates responses to public comments and includes Findings of Fact,
MMRP, and if needed, the Statement of Overriding Considerations. The City will have the
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opportunity to review the Administrative Final EIR and Screencheck Final EIR before
Consultant publishes the proposed Final EIR for certification by the City.
Deliverables
• Administrative Final EIR
• Screencheck Final EIR
• Final EIR with Findings of Fact, MMRP, and Statement of Overriding
Considerations (if needed)
TASK 8.5. APPROVAL PROCESS
As necessary, Consultant will support public relations events and respond to all inquiries
leading up to discretionary approval or related actions. Consultant will also coordinate
completion of materials with the assigned City Planner and DPU staff. If required,
Consultant will attend public hearings to answer questions regarding the analysis and
conformance with CEQA requirements. Upon discretionary approval or related actions,
Consultant will prepare a NOD to be filed with the County Clerk and the SCH within five
(5) days after discretionary approval or related actions.
Deliverables
• NOD
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SCHEDULE OF FEES
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2/2/2018
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage
for “bodily injury,” “property damage” and “personal and advertising injury”
with coverage for premises and operations (including the use of owned
and non-owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations
under the Agreement) with limits of liability not less than those set forth
under “Minimum Limits of Insurance.”
2.The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance
or use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall
provide coverage for all owned, hired, and non-owned automobiles or
other licensed vehicles (Code 1- Any Auto). If personal automobile
coverage is used, the CITY, its officers, officials, employees, agents, and
volunteers are to be listed as additional insureds.
3.Workers’ Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
4.Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT’s profession.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits
of liability of not less than those set forth below. However, insurance limits available to
CITY, its officers, officials, employees, agents, and volunteers as additional insureds,
shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
1.COMMERCIAL GENERAL LIABILITY:
(i)$1,000,000 per occurrence for bodily injury and property damage;
(ii)$1,000,000 per occurrence for personal and advertising injury;
(iii)$2,000,000 aggregate for products and completed operations; and,
(iv)$2,000,000 general aggregate applying separately to the work
performed under the Agreement.
Exhibit B
INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and Precision Civil Engineering, Inc. (“CONSULTANT”) CEQA ENVIRONMENTAL ASSESSMENT FOR
PUMP STATION 372
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2/2/2018
2.COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3.WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4.EMPLOYER’S LIABILITY:
(i)$1,000,000 each accident for bodily injury;
(ii)$1,000,000 disease each employee; and,
(iii)$1,000,000 disease policy limit.
5.PROFESSIONAL LIABILITY (Errors and Omissions):
(i)$1,000,000 per claim/occurrence; and,
(ii)$2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form”
and afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents,
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk
Manager or designee. At the option of the CITY’s Risk Manager or designee, either:
(i)The insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects CITY, its officers, officials,
employees, agents, and volunteers; or
(ii)CONSULTANT shall provide a financial guarantee, satisfactory to
CITY’s Risk Manager or designee, guaranteeing payment of losses
and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1.CITY, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
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2.The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents, and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3.For any claims relating to this Agreement, CONSULTANT’s insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees,
agents, and volunteers shall be excess of CONSULTANT’s insurance and
shall not contribute with it. CONSULTANT shall establish primary and
non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO
Form CG 20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain,
the following provision: CONSULTANT and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a
claims-made form:
1.The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by CONSULTANT.
2.Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement work
or termination of the Agreement, whichever occurs first, or, in the
alternative, the policy shall be endorsed to provide not less than a five (5)
year discovery period.
3.If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date
of the Agreement or the commencement of work by CONSULTANT,
CONSULTANT must purchase “extended reporting” coverage for a
minimum of five (5) years completion of the Agreement work or
termination of the Agreement, whichever occurs first.
4.A copy of the claims reporting requirements must be submitted to CITY for
review.
5.These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. CONSULTANT is also responsible for providing written notice to the
CITY under the same terms and conditions. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,
CONSULTANT shall furnish CITY with a new certificate and applicable endorsements
for such policy(ies). In the event any policy is due to expire during the work to be
performed for CITY, CONSULTANT shall provide a new certificate, and applicable
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endorsements, evidencing renewal of such policy not less than fifteen (15) calendar
days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
The fact that insurance is obtained by CONSULTANT shall not be deemed to release or
diminish the liability of CONSULTANT, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by CONSULTANT. Approval or purchase
of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of CONSULTANT, its principals, officers, agents, employees, persons under the
supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-
consultants, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by CITY Risk Manager or designee.
If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring
that it’s subcontractors maintain insurance coverage at levels no less than those
required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY’S Risk Manager or his/her designee prior
to CITY’S execution of the Agreement and before work commences. All non-ISO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately
furnish City with a complete copy of any insurance policy required under this
Agreement, including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
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Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
CEQA ENVIRONMENTAL ASSESSMENT FOR PUMP STATION 372
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(name)
(company)
(address)
Additional page(s) attached.
(city state zip)
PCE represents clients who
do business with the City of Fresno.
However, we have no conflict with this
project and are not representing this
client (City of Fresno Department of
Public Utilities) in any capacity on this
project or any other projects.
DocuSign Envelope ID: CDC8DE2A-107E-4338-BD9D-6823FAF4E55F
1/4/2021
Edward Dunkel
Fresno, CA 93721
Precision Civil Engineering, Inc.
1234 O Street