HomeMy WebLinkAboutNunley, Michael K. and Associates - Gettysburg Sewer Pipeline - 2021
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective the day of , 2021, by
and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to
as "CITY"), and Michael K. Nunley & Associates, Inc., California Corporation (hereinafter referred
to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional Consulting services for the Gettysburg
Avenue Sewer pipeline rehabilitation, bound by First and Fresno Streets, hereinafter referred to
as the “Project;” and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as a Design
Consultant 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 30, 2022, 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 430 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 Fifty
Three Thousand Four Hundred and Sixty Eight Dollars ($53,468), 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 Ten Thousand Dollars ($10,000) 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 services by CITY
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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 the
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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.
(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
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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.
(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.
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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:
Paul Maragoni,
Professional Engineer
Department of Public Utilities
REVIEWED BY:
Jesus A. Gonzalez, Supervising
Professional Engineer
Department of Public Utilities
Addresses:
CITY:
City of Fresno
Attention: Paul Maragoni,
Professional Engineer
2101 “G” Street, Bldg. “A”
Fresno, CA 93706
Phone: (559) 621-1626
FAX: (559) 457-1568
Michael K. Nunley & Associates, Inc.,
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:
Michael K. Nunley & Associates, Inc.
Attention: Henry Liang,
Principal in Charge
8405 N. Fresno St,
STE. 120
Fresno, CA 93720
Phone: 559-612-7606
FAX: 559 501-0219
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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Michael K Nunley
Civil Engineer
C61801
1/26/2001
5/18/2021
CEO/President
5/18/2021
5/18/2021
6/18/2021
Marco Martinez
6/21/2021
DPU-S 8.3 /03-24-14
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Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (“City”)
and Michael K. Nunley & Associates, Inc. (“Consultant”)
Gettysburg Avenue Sewer Pipeline Rehabilitation Bound by First and Fresno Streets
PROJECT TITLE
SCOPE OF WORK
The work includes three distinct phases consisting of various tasks. Task 1 Project Management
and Project Coordination Meetings, consisting of an approximate total of 430 calendar days, will
run concurrently to project conclusion, with tasks 2 thru 5. The first phase, consisting of task 2
and it’s sub-tasks, is the preliminary engineering which is anticipated to be completed withing a
60 calendar days time frame. The second phase, Task 3 is the 132 calendar days design phase,
and the last phase is 238 calendar days and is a combination of the Task 4, Engineering Support
Services During Bidding (77 calendar days) and Task 5, Construction Construction Support
Services (161 calendar days).
TASK 1 PROJECT MANAGEMENT AND PROJECT COORDINATION MEETINGS
Task 1.1 Meetings
The MKN project manager will coordinate, manage, schedule, and facilitate meetings throughout
the project. MKN will arrange attendees including our subconsultants, prepare and distribute
meeting agendas, record and distribute meeting notes. In addition to day-to-day communication
with the City, the eight meetings below are anticipated for this project:
• Kickoff meeting to discuss project description, roles and critical path items
• Schematic Design Report review meeting
• 30%, 60%, 90% and 100% Project design review meetings
• Prebid meeting including Agenda and meeting minutes & action items
• Preconstruction meeting including Agenda and meeting minutes & action items
The project will begin with an in person or virtual Kickoff Meeting to review the scope of work and
document project objectives. In this meeting MKN will work with City staff to determine the desired
replacement methods for the projects, set detailed schedule dates, and request additional
information not included with the RFP,
The design review meetings will all follow a similar agenda.
• Review previous meeting action items
• Drawing review including City reviewed required and requested tracked changes per
revision level
• Specification review including City reviewed required and requested tracked changes per
revision level
• Questions
• Develop list of new issues and action items
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Task 1.2 Monthly Progress Reports and Action-Items/Decisions Log
MKN will prepare monthly progress reports summarizing the key activities performed, upcoming
work, schedule updates, and any possible impacts to cost and schedule. MKN will also develop
and maintain an action-items/ decisions made log throughout the duration of the project. The log
will document action-items and decisions made throughout the project and track key information
such as responsible party, due date, task completion date, etc. The log will accompany the
monthly progress reports and will be updated and maintained on a regular basis throughout the
entire project.
Task 1.3 Develop and Maintain Schedule
MKN will prepare and maintain a project schedule using MS Project. Tasks and subtasks will be
identified including order of execution, duration, and key relationships to other tasks. As part of
the monthly updates the schedule will be revised to reflect actual progress, critical path analysis
and constraint changes. A preliminary schedule has been included in this proposal. As part of the
part of the 60% design phase, MKN will expand the project schedule to include bidding,
construction, and construction closeout.
Task 1.4 Quality Management
All project deliverables will be reviewed by qualified principal level reviewers to ensure MKN work
products meet the requirements of the executed scope of services and stipulated requirements
of the City and include Gate approval.
Task 1 Assumptions:
• Project coordination meetings will occur during design (January 2021 through May 2021)
Task 1 Deliverables:
• Meeting Agendas and Notes (for up to 8 meetings)
• Project Schedules (hard copy and .mpp file) at Each Design Phase
• Monthly Progress Reports
• Action-Items/Decisions Made Log
TASK 2 PRELIMINARY ENGINEERING
Task 2.1 Data Review/Utility Search
In this phase MKN will gather and review existing data including City provided CCTV. MKN will
perform a utility search with all local utilities (City of Fresno DPU Water, Fresno Metro Flood,
cable/phone, electricity/gas, irrigation, and railroad). MKN will walk the project alignments to
identify possible conflicts not identified in the utility search. If necessary representative sample of
manholes will be inspected by MKN.
Task 2.2 Schematic Design Report (SDR)
MKN will prepare a schematic level report consisting of utilities search findings, infrastructure
assessment findings and rehabilitation recommendations including improvement methods for
mains and access structures along with recommendations for implementation. The Schematic
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Design Report will include the design criteria, critical path analysis, bypassing, and traffic handling
and permitting requirements.
Task 2.3 Basis of Design Workshop
The MKN team will conduct a workshop with City staff to present the findings developed during
the preliminary engineering phase. MKN will work with the City to select and refine the design
during the workshop. Following the design workshop MKN will summarize the evaluation and
decisions in a Final Schematic Design Report.
Six copies of the draft SDR and electronic .pdf copy will be submitted to the City for review and
comments. Following receipt of the City’s comments on the SDR, MKN will incorporate the
comments and issue Six copies of the final SDR.
Task Group 2 Assumptions:
• The City has completed NASSCCO ratings for all the project piping segments
• Sewer mains in City streets or alleys do not require right-of-way or easement I
nvestigations
• Sewer mains in abandoned alleys require easement legal descriptions and exhibits, which
are not included in this scope of services. MKN can provide a proposal for this work upon request.
• City will provide title reports for each parcel requiring an easement
Task Group 2 Deliverables:
• Six copies of final Schematic Design Report and electronic .pdf copy
• Copies of formal letter correspondences with utility companies or regulatory agencies
TASK 3 PREPARATION OF PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
Task 3.1 Preliminary Design (30% Design)
MKN will prepare preliminary design plans to the 30% level of completion and an outline of the
technical specifications required for the project improvements. The preliminary design plans will
include:
• Plan view sheets of the sewer mains
• Existing surface feature locations and manhole rim and invert elevations
• List of drawings of additional sheets that will be provided at the 60% design level
• Sewer flow bypassing instructions suggesting, locations to pull and redirect bypass flow
as well as review Contractor bypass plan submit
Task 3.2 60% PS&E
MKN will track 30% City reviewed drawing/specification changes, per revision level and respond
with agreed changes to be incorporated into the 60% design.
The MKN team will prepare plans, specifications, and estimates to the 60% design level. At the
60% level of completion, the pipeline will be shown in plan and profile with the major utility conflicts
from our utility investigation depicted in the plans. The lateral locations and existing system
connections will also be shown on the plans with some detailing. The plans will reflect utility
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research and existing topography from the design survey work. The 60% design will include
sewer flow bypassing plans with proposed bypass suction/discharge locations and alignments for
the bypass piping. MKN will also develop technical specifications in CSI format for the project
improvements and traffic handling requirements that will direct the Contractor to provide traffic
handling plans.
An opinion of probable construction cost estimate will be prepared with the 60% level Plans and
Specifications. Appropriate contingencies will be applied with a time escalation factor depending
on the projected construction bid date. Costs will be developed as an itemized list of unit costs,
which will be formatted to follow the bid schedule.
MKN will submit the 60% PS&E to the City for review and comment. After the City has reviewed
the 60% design, MKN will include tracked City reviewed 60% required and requested
drawing/specification changes, per revision level and meet with the City to address comments to
be incorporated into the 90% design.
Task 3.3 | 90% PS&E
MKN will include tracked City reviewed 60% required and requested drawing/specification
changes, per revision level and meet with the City to address comments to be incorporated into
the 100% design.
MKN will prepare the construction plans, technical specifications, and engineer’s estimate of
probable construction cost to approximately the 90% completion level for final review by the City.
At the 90% design level, MKN will prepare the contract documents/general provisions (developed
in conjunction with the City using the City’s front-end documents), bid schedule, and special
conditions.
MKN will submit the 90% PS&E to the City for review and comment. After the City has reviewed
the 90% design, MKN will include tracked 90% required drawing/specification changes per
revision level and meet with the City to address comments to be incorporated into the final bid
package.
Task 3.4 Final PS&E (Bid Documents)
Following receipt of tracked final City drawing and specification comments from the 90% PS&E
review, MKN will prepare the Final PS&E for bidding.
Task Group 3 Deliverables:
• Topographic Survey Files
• Design Workshop Agenda and Notes
• 30% design plans (six hard copies and an electronic .pdf format copy)
• 30% tracked City review comments of required and requested drawing/specification
changes per revision level
• Six full-size (22”x34”) hard copies and an electronic .pdf of the 60% Plans, outline of the
technical specifications, and estimate
• 60% Design Review Meeting Agenda and Notes
• 60% tracked City review comments required and requested drawing/specification changes
per revision level
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• Six full-size (22”x34”) hard copies of the plans, Six bound hard copies of the technical
specifications, and an electronic .pdf of the 90% PS&E
• 90% Design Review Meeting Agenda and Notes
• 90% tracked City review comments required and requested drawing/specification changes
per revision level
• Final PS&E (Six full-size hard copies, 1 full size Velum copy and an electronic .pdf copy)
Task Group 3 Assumptions:
• Front-end contract documents will be prepared by City
• Permits will be obtained by the City
• All necessary easements have been secured by the City. Any required additional
easement acquisition work including legal descriptions may be completed at cost plus 10%
• Title searches are to be coordinated and paid for by the City of Fresno
• It has been assumed a Geotechnical Investigation will not be required for this project
based on the limited amount of earthwork to be performed. The need for a geotechnical
investigation will be reevaluated at the 30% deliverable.
• MKN shall be entitled to rely reasonably upon the accuracy of data and information
provided by or through the City and will use good professional judgment in reviewing and
evaluating such information. If MKN identifies any error or inaccuracy in data or information
provided by or through the City or determines that additional data or information is needed to
perform the services, MKN shall promptly notify the City.
• City is responsible for advertising the project for bidding
• Construction staking will be the responsibility of the City.
• The projects are anticipated to be statutory exempt from CEQA and will be filed by City. If
required MKN’s partner LSA will complete the CEQA process at cost plus 10%
TASK 4 Bidding Support Services
Prior to advertisement of the project for bidding, MKN will support the City with general contractor
outreach efforts. During bidding, MKN will respond to questions from prospective bidders and will
prepare addenda, if necessary, during the bidding phase. Addenda will clearly identify additions,
deletions, or modifications by specification section or drawing number to facilitate bidder
understanding. MKN will attend the prebid meeting and the bid opening, review the bids for
general conformance with the contract documents, and assist the City in identifying the apparent
low bidder.
Task Group 4 Assumptions
• City is responsible for advertising the project for bidding
Task Group 4 Deliverables
• Review and address bidder’s request for information
• Prepare Addenda during the bidding phase
• Prebid meeting agenda and minutes
TASK 5 Construction Support Services
The MKN team will perform the following engineering services during construction:
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5.1| Preconstruction Meeting
MKN will attend the preconstruction meeting and provide an overview of the project components
and address appropriate questions.
5.2| Construction Progress Meetings
MKN will make visits to the construction site to determine, in general, if the work is proceeding in
accordance with the construction contract documents and provide field notes to the City
accordingly and answer and design related questions (up to 5 site visits).
MKN will review and address requested and proposed Change Orders
5.3| Shop Drawings and Submittals
MKN will review shop drawings, submittals and material test reports from the contractor in
accordance with the construction contract documents (Up to 30 shop drawings/submittals). Shop
drawings/submittals will be logged and tracked for compliance with City stipulated review periods
using the City CM and DPU RFI/Submittal/Change order tracking and processing system. MKN
will coordinate with Contractor to prioritize review of critical path items.
5.4| Requests for Information and Proposals
MKN will review and respond to Requests for Information (RFI) from the contractor (up to 10
RFIs). MKN will prepare, issue and review Requests for Proposals (RFP) as required to complete
the project scope (up to 5 RFP’s)
5.5 Final Walk Through and Prepare Punch List
MKN will participate in a final walk through with City staff and prepare a punch list of items to be
addressed by the Contractor. MKN will also review the performance of contractor’s credit
submittals related to thickness and wrinkles.
5.6| Record Drawings
MKN will prepare record drawings based on the contractor’s redlined as-builts. Design changes
issued via addenda or change orders will also be incorporated into the record drawings.
Task Group 5 Assumptions
• The construction contractor will be held entirely responsible for maintaining on site safety
during all phases of the work
Task Group 5 Deliverables
• Progress reports following each site visit
• RFI responses
• Record drawings in AutoCAD .dwg and electronic .pdf format and 5 half -size and full-
size (11”x17” and 22”x34”) hard copies.
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SCHEDULE OF FEES
ENGINEERS AND TECHNICAL SUPPORT STAFF
Project Director/ Operations Manager $206/HR
Principal Engineer $191/HR
Senior Project Engineer $180/HR
Project Engineer/ Senior Scientist $159/HR
Water Resources Planner $145/HR
GIS Specialist $139/HR
Assistant Engineer II $136/HR
Assistant Engineer I $115/HR
GIS Technician $115/HR
Supervising Drafter $138/HR
Drafting/Design Technician II $128/HR
Drafting/Design Technician I $105/HR
Administrative Assistant $65/HR
Engineering Intern $60/HR
Routine office expenses such as computer usage, software licenses and fees, telephone
charges, office equipment and supplies, incidental postage, copying, and faxes are included as
a 3% fee on labor cost.
DIRECT PROJECT EXPENSES
Outside Reproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate - $.58/mi.
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2/2/2018
Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno
(“CITY”) and Michael K. Nunley & Associates, Inc. (“CONSULTANT”)
Gettysburg Avenue Sewer Pipeline Rehabilitation bound by First and Fresno Streets
PROJECT TITLE
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,
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
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
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endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
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,
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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
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
Gettysburg Avenue Sewer Pipeline Rehabilitation bound by First and Fresno Streets
PROJECT TITLE
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)
DocuSign Envelope ID: CA5D7470-88D2-4E3D-B131-91FBD49D4F60
PO Box 1604
5/18/2021
X
N/A
Arroyo Grande, CA 93420
X
X
Michael K. Nunley & Associates, Inc.
X
X
Michael K Nunley
X
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