HomeMy WebLinkAboutState of CA Calif High Speed Rail Authority Develop Master Coop AgmtSTATEOF CALIFORNIA
STANDARD AGREEMENT
sro 2 13 (Rev 06103)AGR EEM ENT NU ....BEA
HSRll·29
REGISTRATION NUMB ER
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1.This Agreement is entered into between the State Agencyand the Contractor named below:
STATE AGENCY'S NAM£
California High-Speed-Rail Authority
COOTRACTOR'SNAME
City of Fresno
2.The term of this April 20, 2012 through June30, 2013
Agreement is:or upon DOS approval ,whichever islater
3.The maximum amount $296,000.00
of this Agreement is: Two Hundred Ninety-six Thnu sand Dollars
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A -Scope of Wor!<3 page(s)
Exhibit B- Budget Detailand Payment Provisions
Exhibit c '-General Terms and Conditions
Check mark one item below as Exhibit D:
~Exhibit·D Special Terms and Conditions (AMched hereto as part of this agreement)
[Q]Exhibit -D'Special Terms and Conditions
Exhibit E -Additional Provisions
Attachment 1 •Cost ProposaVTimeline 7 pagels)
3 page(s)
4 page (s)
10 page(s)
2 page(s)
Items shown with sn Asterisk ('),sm hsreby incorporated by referencs snd mad.psrt of this agreement as if el/sched here to.
Tnes «documents esn be viewed st www.ots.dgs.es .govlStsndsrd+Lsngusge
IN WITNESS WHEREOF,this Agreement has been exeeuted by the part ie.hereto.
CONTRACTOR'S NAME (d Olher thsn BI'I fndMdusl.stste whether II oorporation.pBrtntHShip,Dte.)
Ci ty of Fresno
CONTRACTOR
BY (Authorized 5
PRINTED NAME ANDTITLE OFPERS SIGNING
Scoll Mozier, P.E.,City Engineer/Assistant Director
ADDRESS
City of Fresno,Public Works Department
2600 FresnoStreet,4"Floor,Fresno,CA 93721-3623
STATE OF CALIFORNIA
A GENCY NAME
California High-Speed-Rail Authority
eYfA_S;gn8lu
Thomas Fellenz,Chief Counsel
ADDRESS
770 L Street, Suite 800, Sacramento,CA 95814
Cel"ornt.De~rtment 01General
S<Jrvtc...Ulle Onty
')
o Exempt per.
1
City of Fresno
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Page I 01'3
EXHIBIT A
SCOPE OF WORK AND DELIVERABLES
I.BACKGROUND
The California High-Speed Rail Authority (AUTHORITY)is undertaking a project to design and
construct a high-speed rail line to connect the major cities in California.The system is scheduled
to begin operation in 2020. The California High-Speed Train Project (CHSTP)will have a
nominal end-to-end length of 800 miles, with trains travelling at speeds up to 220 mph. The
AUTHORITY will operate in and out of the (CONTRACTOR)service territory.
A. This Agreement will commence on the start date April 20, 2012 as presented herein or
upon approval by the AUTHORITY,whichever is later and no work shall begin before
that time. This Agreement is of no effect unless approved by the AUTHORITY.The
Contractor shall not receive payment for work performed prior to approval of the
Agreement and before receipt of notice to proeeed by the AUTHORITY's Contract
Manager. This Agreement shall expire on June 30, 2013. The services shall be provided
during Monday through Friday,except designated State holidays. The parties may
amend this agreement as permitted by law.
B. All inquiries during the term of this Agreement will be directed to the project
representatives identified below:
California High-Speed Rail Authority City of Fresno, Publie Works Department
Contract Manager:Shahin Pourvahidi,,P.E.Project Manager:Scott Mozier, P.E.
Address:770 L Street,Suite 800 Address:2600 Fresno Street,4 L
1 Floor
Sacramento,CA 95814 Fresno, CA 93721-3623
Phone: (916)384-0564 Phone: (559) 621-8811
Fax: (916)322-0827 Fax: (559)488-1045
e-mail: spourvahi di@)hsr.ca.gov e-mail:sC(jtt.mozier@)l1·esno.gov
The project representatives during the term of this Agreement may be changed by advance
written notice without the necessity of an amendment to the Agreement.
n.CONTRACTOR REPORTS AND/OR MEETINGS
A. The Contractor shall submit a schedule for the submittal of reports, and report
content,within the first 30-days of this Agreement.
B. The Contractor's Project Manager shall be available to the AUTHORITY's Contract
Manager as needed to discuss progress on the Agreement.
City of Fresno
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EXHIBIT A
SCOPE OF WORK AND DELIVERABLES
III.SCOPE OF WORK
1.Agreement
1.1 Risk Management
A. Risk Analysis
1.2 Legal Services
A.Review and re-review of Agreement by City Attorney's Office
B.Review of reports prepared by staff for City Council consideration
1.3 Project Meetings
A.Publications,project meetings,and notices
B.Staff participation in project meetings
1.4 City Staff Effort
A.Preparation of draft agreement
B.Negotiations with HSR staff and consultants regarding terms,content and
form of Agreement
C.Verification of existing rights of way information requested by design/build
contractors
D.Staffeffort by the City's Finance and Public Works Departments in
budgeting and preparing Appropriations Resolutions
E. Overall oversight of the agreement development process by the City
Engineer and City Traffic Engineer
F.Preparation of various City Council Reports,including Council
presentation
G.Attend design coordination meetings
2.Prior Rights
2.1 Street Construction
A.Review of Design for conformance to City Standards
B. Plan review and approval
C. Study vehicle Circulation Impacts
D.Street rights of way analysis
2.2 Underground Utilities
A.Analyze City owned utilities within I-ISR RlW which shall remain under
City ownership
B.Analyze easements containing utilities which shall remain with the City
City of Fresno
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EXHIBIT A
SCOPE OF WORK AND DELIVERABLES
3.Project Conflictswith Existing Infrastructure
3.1 Conflict Review
A.Preliminary and pre-plan check review of conflicts with City owned
utilities,sanitary sewer,water, and fiber optic network
B.Analyze vehieular eirculation conl1iets with construction
4.Consultant Selection
4.1 Selection of Speeial Consultantls to Assist in Development of Master Cooperative
Agreement
A.Analyze consultant/s work schedule
B.Determine eonsultant/s costs and fees
C.Interview and hire consultants for plan checking
City of Fresno
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
A.FUNDING REQUIREMENTS
1.It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for
pursuing work under this contract,this Agreement shall be of no further force and
effect.In this event, the AUTHORITY shall have no liability to pay any funds
whatsoever to Contractor or to furnish any other considerations under this Agreement
and the Contractor shall not be obligated to perform any provision of this Agreement.
2. In addition, this Agreement is subject to any additional restrictions, limitations,
conditions or any statute enacted by the Congress or State Legislature that may affect
the provisions,terms or funding of this Agreement in any manner.
3. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
this Agreement,the AUTHORITY shall have the option to either cancel this
Agreement with no liability occurring to the AUTHORITY or Contractor, or offer an
Agreement Amendment to the Contractor to reflect the reduced amount.
B.COMPENSATION,INVOICING AND PAYMENT
1. The total amount payable by the AUTHORITY,for this Agreement shall not exceed
$296,000.00.It is understood and agreed this total is an estimate, and the actual
amount of work requested by the AUTHORITY may be less.
2. Any changes in scope requested by the AUTHORITY or work required beyond
expectations may result in additional time to complete the Study and shall be billed
accordingly and proceeded with as outlined.At any time the Contractor determines
the Study is expected to cost more than $296,000.00,the CONTRACTOR shall
promptly notify the AUTHORITY and provide an estimate of any additional costs.
Upon receipt of such notice, the AUTHORITY shall either: (a)request the
CONTRACTOR to terminate the Study, or (b)amend the agreement.
3. The Contractor shall not commence performance nor will payment be made for any
work performed prior to approval of this Agreement by State and written notification
to proceed has been issued by the AUTHORITY's Contract Manager, nor will any
payment be made for work performed after the expiration date of this Agreement.
4.Invoices shall include the Agreement Number,include actual hours worked (by
individual positions),actual costs for salaries/benefits,travel and other direct
and indirect costs (by individual),with accompanying receipts and other
documentation to support travel/other direct costs.
City of Fresno
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EXHIBIT 13
BUDGET DETAIL AND PAYMENT PROVISIONS
5.Invoices shall be submitted monthly in arrears to:
California High-Speed Rail Authority
Financial Operations Section
770 L Street,Suite 800
Sacramento,CA 95814
6. If the AUTHORITY determines additional work beyond that specified in the Cost
Proposal is desired, the AUTHORITY may increase the additional work by an
agreement amendment. The maximum total cost as specified in this Exhibit 13,shall
not be exceeded unless authorized by an agreement amendment.
7. The Authority may demand that CONTRACTOR terminate the Study at any time.
Immediately following receipt of written notice of such termination from the Authority,
CONTRACTOR shall terminate the Study as demanded.In such case, the Authority
shall reimburse CONTRACTOR only for the costs actually incurred [or the
performance of the terminated Study.
C. COST PRINCIPLES
1. The Contractor agrees that the Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System,Chapter 1, Part 31 et seq., shall be used to
determine the allowability of individual items of cost.
2. The Contractor also agrees to comply with Federal procedures in accordance with 49
CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
3. Any costs for which payment has been made to the Contractor that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System,Chapter 1, Part 31 et seq. or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments,are subject to repayment by the Contractor to the AUTHORITY.
City of Fresno
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EXHIBIT B
BUDGET DETAIL AND PA YMENT PROVISIONS
0,CONTINGENT FEE
The Contractor warrants,by exeeution of this Agreement,that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission,percentage,brokerage,or eontingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by the Contractor for the purpose of securing business, For breach or
violation of this warranty,the AUTHORITY has the right to annul this Agreement
without liability,pay only for the value of the work actually performed,or in its
discretion,to deduct from the Agreement price or consideration,or otherwise recover, the
full amount of such commission,percentage,brokerage,or contingent fee,
City of Fresno
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EXHIBITC
GENERAL TERMS AND CONDITIONS
GTC 610
I.APPROVAL:This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services,if required.Contractor may not commence
performance until such approval has been obtained.
2.AMENDMENT:No amendment or variation of the terms of this Agreement shall be valid
unless made in writing,signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3.ASSIGNMENT:This Agreement is not assignable by the Contractor,either in whole or in
part,without the consent of the State in the form of a formal written amendment.
4. AUDIT:Contractor agrees that the awarding department,the Department of General Services,
the Bureau of State Audits,or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement.Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment,unless a longer period of records retention is stipulated.Contractor
agrees to allow the auditor(s)access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further,Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement.(Gov. Code §8546.7,Pub.
Contract Code §10115 et seq.,CCR Title 2,Section 1896).
5.INDEMNIFICATION:Contractor agrees to indemnify,defend and save harmless the State, its
officers,agents and employees from any and all elaims and losses accruing or resulting to any
and all contractors,subcontractors,suppliers,laborers, and any other person,firm or corporation
furnishing or supplying work services,materials,or supplies in connection with the performance
of this Agreement,and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6.DISPUTES:Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7.TERMINATION FOR CAUSE:The State may terminate this Agreement and be relieved of
any payments should the Contraetor fail to perform the requirements of this Agreement at the
time and in the manner herein provided.In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contraetor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
City of Fresno
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EXHIBIT C
GENERAL TERMS AND CONDlTlONS
8.INDEPENDENT CONTRACTOR:Contractor,and the agents and employees of Contractor,
in the performance of this Agreement,shall act in an independent capacity and not as officers or
employees or agents of the State.
9.RECYCLING CERTIFICATION:The Contractor shall certify in writing under penalty of
petjury,the minimum,ifnot exact,percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products,materials,goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub.Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE:During the performance of this Agreement,Contractor
and its subcontractors shall not unlawfully discriminate,harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability,medical
condition (c.g., cancer), age (over 40), marital status, and denial of family care leave.Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12990 (a-f)et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations,Title 2,Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,are incorporated
into this Agreement by reference and made a part hereof as if set forth in full.Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES:The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12.TIMELINESS:Time is of the essence in this Agreement.
13,COMPENSATION:The consideration to be paid Contractor,as provided herein,shall be in
compensation for all of Contractor's expenses incurred in the performance hereof,including
travel, per diem, and taxes, unless otherwise expressly so provided.
City of Fresno
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EXI-IlBIT C
GENERAL TERMS AND CONDITIONS
14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15.ANTITRUST CLAIMS:The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
I)"Public purchase"means a purchase by means of competitive bids of goods,services,or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c)of Section 16750 of the
Business and Professions Code.
2)"Public purchasing body" means the State or the subdivision or agency making a public
purchase.Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted,it will assign to the purchasing body all rights,title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.c.Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 of the
Business and Professions Code),arising from purchases of goods,materials,or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
beeome effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives,either through judgment or
settlement,a monetary recovery for a cause of action assigned under this chapter,the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery,including treble damages,attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery.Government Code
Section 4553.
d. Upon demand in writing by the assignor,the assignee shall,within one year from such
demand,reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law [or which the cause of action arose and (a) the assignee
has not been injured thereby,or (b) the assignee declines to tile a eourt action for the cause of
action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT:For any Agreement in excess 01'$100,000,the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of ehild and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
City of Fresno
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EXHIBITC
GENERAL TERMS AND CONDITIONS
enforcement,including,but not limited to,disclosure of information and compliance with
earnings assignment orders,as provided in Chapter 8 (commencing with section 5200)of Part 5
of Division 9 of the Family Code; and
b. The contractor,to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17.UNENFORCEABLE PROVISION:In the event that any provision of this Agreement is
unenforceable or held to be unenforceable,then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18.PRIORITY I-IIRING CONSIDERATIONS:If this Contract includes services in excess of
$200,000,the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub.Contract Code §I0353.
19.SMALL BUSINESS PARTICIPATION AND IWBE PARTICIPATION REPORTING
REOUIREMENTS:
a.If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)report to the awarding
department the actual percentage of small business participation that was achieved.(Govt. Code
§14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE)participation,then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract)certify in a report to the awarding department:(1)the total amount the prime
Contractor received under the Contract;(2) the name and address of the DVBE(s)that
participated in the performance of the Contract;(3) the amount each DVBE received from the
prime Contractor;(4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved.A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation.(Mil.
&Vets.Code §999.5(d);Govt.Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment,materials,or supplies then the following
statement is incorporated:It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader"as de tined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
City of Fresno
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
A.AMENDMENT (CHANGE IN TERMS)
1.No amendment or variation of the terms of this agreement shall be valid unless
made in writing,signed by the parties,and approved as required. No oral
understanding or agreement not incorporated in agreement is binding on any of
the parties.
2. The Contractor shall only commence work covered by an amendment after the
amendment is executed and notification to proceed has been provided in writing
by the AUTHORITY's Contract Manager.
3. There shall be no change in the Contractor's Project Manager or members of the
project team, as listed in the cost proposal, which is a part of this Agreement,
without prior written approval by the AUTHORITY's Contract Manager.If the
Contractor obtains approval it-om the AUTHORITY's Contract Manager to add or
substitute personnel,the Contractor must provide the Personnel Request Form, a
copy of the SF330 or resume for the additional or substituted personnel,along
with a copy of the certified payroll for that person.
B.DISPUTES
I. The Contractor shall continue with the responsibilities under this Agreement
during any work dispute. Any dispute,other than audit,concerning a question of
fact arising under this Agreement that is not disposed of by agreement shall be
decided by the Chief Executive Officer.
2. In the event of a dispute,the Contractor shall file a "Notice of Dispute"with the
California High-Speed Rail Authority and the Chief Executive Officer within ten
(l0)days of discovery of the problem. Within ten (l0)days, the Chief Executive
Officer shall meet with the Project Manager for purposes of resolving the dispute.
The decision of the Chief Executive Officer shall be final.
3.Neither the pendency of a dispute nor its consideration by the Chief Executive
Officer will excuse the Contractor from full and timely performance in
accordance with the terms of this Agreement.
C.TERMINATION
This section regarding termination is in addition to GTe 610.
1.The AUTHORITY reserves the right to terminate this Agreement immediately in
the event of breach or failure of performance by the Contractor,or upon thirty
City of Fresno
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EXHIBIT D
SPECIAL TERMS AND CONDlTlONS
(30)calendar days written notice to the Contractor if terminated for the
convenience of the AUTHORITY.
2. The AUTHORITY may terminate this Agreement and be relieved of any
payments except as provided for under early termination should the Contractor
fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination,the AUTHORITY may proceed
with the work in any manner deemed proper by the AUTHORITY.All costs to
the AUTHORITY shall be deducted from any sum due the Contractor under this
Agreement and the balance,if any, shall be paid to the Contractor upon demand.
D.EARLY TERMINATION OF TI-lIS AGREEMENT OR SUSPENSION OF TI-lIS
AGREEMENT
General Conditions
I. In the event this Agreement is terminated,suspended,or a Work Plan is
terminated for the convenience of the AUTHORITY,the Contractor shall be paid
for the percentage of the work completed,relative to the total work effort called
for under this Agreement,and for termination costs. No billable costs will be
considered payable under the Agreement during suspension.
2. Within 30 days of the date the Contractor is notified of the early termination of
Work Planes) issued against this Agreement for the convenience of the
AUTHORITY,the Contractor shall prepare and submit to the AUTHORITY's
Contract Manager,for approval,two (2)separate supplemental cost proposals:
a. A final revised cost proposal for all project-related costs for the revised
termination date.
b. A cost proposal specifically addressing the termination settlement costs
only.
F CONTRACTOR'S DELIVERABLES UNDER EARLY TERMINATION
The Contractor shall provide all project-related documents and correspondence required
as part of the Scope of Work/Deliverabies.Project-related documents shall be described,
listed, and identified as part of the final revised cost proposal.Project-related documents
shall include all documents that are in complete and final form and which have been
accepted as complete by the AUTHORITY,or documents in draft and/or incomplete
form for those deliverables,which are in progress by the Contractor and have not been
accepted as complete.All documents must be received and accepted before the settlement
cost invoice is paid.
City of Fresno
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
F.INVOICE SUBMITI'AL UNDER EARL Y TERMINATION
Separate final invoices for project-related costs and termination settlement costs shall be
submitted no later than thirty (30)calendar days after the date the Contractor is notified
of acceptance of the final cost proposals by the AUTHORITY's Contract Manager.
Invoices shall be submitted in accordance with EXHIBIT B.The invoice for termination
settlement costs shall include the following,to the extent they are applicable:lease
termination costs for equipment and facilities approved under the terms of this
Agreement;equipment salvage costs for equipment valued over $500.00;rental costs for
unexpired leases, less the residual value of the lease;cost of alterations and reasonable
restorations required by the lease;settlement expenses,e.g.,accounting,legal,clerical,
storage,transportation,protection and disposition of property acquired or produced under
this Agreement,indirect costs,such as payroll taxes,fringe benefits,occupancy costs,
and immediate supervision costs related to wages and salaries,incurred as settlement
costs.
G.TERMINATION ISSUES FOR SUBCONTRACTORS,SUPPLIERS,AND SERVICE
PROVIDERS
The Contractor shall notify any Subcontractor and service or supply vendor providing
services under this Agreement of the early termination date of this Agreement.Failure to
notify any Subcontractor and service or supply vendor shall result in the Contractor being
liable for the termination costs incurred by any Subcontractor and service or supply
vendor for work performed under this Agreement,except those specifically agreed to in
the termination notice to the Contractor.
I-I.COST PRINCIPLES UNDER EARLY TERMINAnON
Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal
Acquisition Regulations System,Chapter 1,Part 31.Subpart 31.205-42 (c)dealing with
initial costs is not applicable to Architectural and Engineering Agreement terminations.
l.DISPUTES UNDER EARLY TERMINATION CONDITIONS
Disputes under early termination conditions shall be resolved in accordance with this
Exhibit.
1.AUDIT REVIEW PROCEDURES UNDER EARLY TERMINATION
Audit Review procedures shall be in accordance with Exhibit D,Audit Review
Procedures,section XIV below.
City of Fresno
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
K.CONTRACTOR CLAIMS AGAINST TI-IIS AGREEMENT UNDER EARLY
TERMINATION
The Contractor agrees to release the AUTHORITY from any and all further claims for
services performed arising out of this Agreement or its early termination,upon
acceptance by the Contractor of payment in the total amount agreed upon as full and final
payment of its costs from performance and early termination of this Agreement.
L.NON-DISCRIMINATION
This section regarding non-discrimination is in addition to GTC 610.
1.During the performance of this agreement,the Contractor and its Subcontractors
shall not unlawfully discriminate,harass or allow harassment against any
employee or applicant for employment because of sex, race, color,ancestry,
religious creed,national origin,physical disability (including HIV and AIDS),
medical condition (cancer),age, marital status,denial of family and medical care
leave,and denial of pregnancy disability leave.Contractors and Subcontractors
shall insure the evaluation and treatment of their employees and applicants for
employment are free of such discrimination and harassment.The Contractor and
Subcontractors shall comply with the provision of the Fair Employment and
I-lousing Act (Government Code,Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations,Title 2,
Section 7285.0 er seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code,Section 12990 (a-t),set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations
are incorporated into this Agreement by reference and made a part hereof as if set
forth in full. The Contractor and its Subcontractors shall give written notice of
their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement.
2.The Contractor shall include the nondiscrimination and compliance provisions of
this clause in all sub agreements to perform work under this clause.
M.RETENTION OF RECORD/AUDITS
1. For the purpose of determining compliance with Public Contract Code Section
10115, et seq. and Title 21,California Code of Regulations,Chapter 21,Section
2500 et seq., when applicable,and other matters connected with the performance
of the Agreement pursuant to Government Code Section 8546.7,the Contractor,
Subcontractors,and the AUTHORITY shall maintain all books,documents,
papers,accounting records,and other evidence pertaining to the performance of
the Agreement,including but not limited to, the costs of administering the
City of Fresno
I-ISRI 1-29
Page 5 of 10
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Agreement. All parties shall make such materials available at their respective
offices at all reasonable times during the Agreement period and for thirty-five
(35) years from the date of expenditure under this Agreement. The AUTHORITY,
the State Auditor,or any duly authorized representative having jurisdiction under
any laws or regulations shall have access to any books, records, and documents of
the Contractor that are pertinent to the Agreement for audits,examinations,
excerpts, and transactions,and copies thereof shall be furnished if requested.
2. Any sub agreement in excess of$25,000.00,entered into as a result of this
Agreement,shall contain all the provisions of this clause.
N.AUDIT REVIEW PROCEDURES
I. Any dispute concerning a question of fact arising under an interim or post audit of
this Agreement that is not disposed of by agreement shall be reviewed by the
Project Manager.
2. Not later than 30 days after issuance of an interim or final audit report, the
Contractor may request a review by the Project Manager of unresolved audit
issues. The request for review will be submitted in writing to the Chief Executive
Officer. The request must contain detailed information of the factors involved in
the dispute as well as justifications for reversal. A meeting by the Chief Executive
Officer will be scheduled if the Project Manager concurs that further review is
warranted. After the meeting, the Project Manager will make recommendations to
the Chief Executive Officer will make the final decision for the AUTHORITY.
The final decision will be made within three (3) months of receipt of the
notification of dispute.
3.Neither the pendency of a dispute nor its consideration by AUTHORITY will
excuse the Contractor from full and timely performance,in accordance with the
terms of this clause.
City of Fresno
I-ISRII-29
Page 6 of 10
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
O.SUBCONTRACTING
Nothing contained in this Agreement or otherwise,shall create any contractual relation
between the State and any subcontractors,and no subcontract shall relieve the Contractor
of his responsibilities and obligations hereunder.The Contractor agrees to be as fully
responsible to the State for the acts and omissions of its subcontractors and of persons
wither directly or indirectly employed by any of them as it is for the acts and omissions
of persons directly employed by the Contractor.The Contractor's obligation to pay its
subcontractors is an independent obligation from the State's obligation to make payments
to the Contractor.As a result, the State shall have no obligation to payor to enforce the
payment of any moneys to any subcontractor.
P.PURCHASE OF EQUIPMENT
No equipment identified in this Agreement is approved for purchase.
Q.INSPECTION OF WORK
The Contractor shall permit the AUTHORITY to review and inspect the project activities
at all reasonable times during the performance period of this Agreement including review
and inspection on a daily basis.
R.SAFETY
l.The Contractor shall comply with OSHA regulations applicable to the Contractor
regarding necessary safety equipment or procedures.The Contractor shall comply
with safety instructions issued by the AUTHORITY's Safety Officer and other
State representatives.The Contractor's personnel shall wear white hard hats and
orange safety vests at all times while working on the construction project site.
2. Pursuant to the authority contained in Section 59I of the Vehicle Code, the
AUTHORITY has determined that within such areas as are within the limits of
the project and are open to public traffic, the Contractor shall comply with all of
the requirements set forth in Divisions I 1,12,13,14,and 15 of the Vehicle Codc.
The Contractor shall take all reasonably necessary precautions for safe operation
of its vehicles and the protection of the traveling public from injury and damage
from such vehicles.
3. The Contractor must have a Division of Occupational Safety and Health (CAL-
OSHA)permit(s)as outlined in California Labor Code Sections 6500 and 6705,
City of Fresno
I-ISRII-29
Page 7 of 10
EXHIBIT D
SPECIAL TERMS AND CONDITlONS
prior to the initiation of any practice,work,method,operation,or process related
to the construction or excavation of trenches which are five feet or deeper.
S.OWNERSHIP OF DATA
1. Upon completion of all work under this Agreement,all intellectual property
rights,ownership and title to all reports,documents,plans,specifications,and
estimates produced as part of this Agreement will automatically be vested in the
AUTHORITY and no further agreement will be necessary to transfer ownership
to the AUTHORITY.The Contractor shall furnish the AUTHORITY all
necessary copies of data needed to complete the review and approval process.
2.It is understood and agreed that all calculations,drawings and specifications,
whether in hard copy or machine readable form, are intended for one-time use in
the construction of the project for which this Agreement has been entered into.
3. The Contractor is not liable for claims,liabilities or losses arising out of, or
connected with, the modification or misuse by the AUTHORITY of the machine
readable information and data provided by the Contractor under this agreement;
further, the Contractor is not liable for claims,liabilities or losses arising out of,
or connected with, any use by the AUTHORITY of the project documentation on
other projects,for additions to this project,or for the completion of this project by
others,excepting only such use as may be authorized,in writing,by the
Contractor.
4. Any sub agreement in excess of$25,000.00,entered into as a result of this
Agreement,shall contain all of the provisions of this clause.
T.CONFIDENTIALITY OF DATA
1. All financial,statistical,personal,technical,or other data and information
relative to the AUTHORITY's operations,which is designated confidential by
the AUTHORITY and made available to the Contractor in order to carry out
this Agreement,shall be protected by the Contractor from unauthorized use
and disclosure.
2.Permission to disclose information on one occasion or public hearing held by
the AUTHORITY relating to this Agreement shall not authorize the Contractor
to further disclose such information or disseminate the same on any other
occasion.
City of Fresno
HSRli-29
Page 8 of 10
EXHiBiT D
SPECiAL TERMS AND CONDlTIONS
3. The Contractor shall not comment publicly to the press or any other media
regarding this Agreement or the AUTHORiTY's actions on the same,except
to the AUTHORiTY's staff,Contractor's own personnel involved in the
performance of this Agreement,at public hearings,or in response to questions
from a Legislative committee.
4. The Contractor shall not issue any news release or public relations item of any
nature whatsoever regarding work performed or to be performed under this
Agreement without prior review of the contents thereof by the AUTHORiTY
and receipt of the AUTHORiTY's written permission.
5. All information related to the construction estimate is confidential and shall not
be disclosed by the Contractor to any entity, other than the AUTHORiTY.
U.STATEMENT OF COMPLiANCE
The Contractor's signature affixed herein and dated shall constitute a certification under
penalty of perjury under the laws of the State of California that the Contractor has, unless
exempt,complied with the nondiscrimination program requirements of Government Code
Section i2990 and Title 2,California Code of Regulations,Section 8i 03.
V.DEBARMENT AND SUSPENSiON CERTIFiCATiON
l. The Contractor's signature affixed herein shall constitute a certification under
penalty of peljury under the laws of the State of California that the Contractor or
any person associated therewith in the capacity of owner, partner,director,officer
or manager:
a. Is not currently under suspension,debarment,voluntary exclusion,or
determination of ineligibility by any federal agency;
b. Has not been suspended,debarred,voluntarily excluded,or determined
ineligible by any federal agency within the past three (3) years;
c. Does not have a proposed debarment pending; and
d. Has not been indicted,convicted,or had a civil judgment rendered against
it by a court of competent jurisdiction in any matter involving fraud or
official misconduct within the past three (3) years.
City of Fresno
HSRII-29
Page 9 of 10
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
2. Any exceptions to this certification must be disclosed to the AUTHORITY.
Exceptions will not necessarily result in denial of recommendation for award,but
will be considered in determining bidder responsibility.Disclosures must indicate
the party to whom the exceptions apply the initiating agency, and the dates of
agency action.
W.CONFLICT OF INTEREST
I. During the term of this Agreement,the Contractor shall disclose any financial,
business,or other relationship with AUTHORITY that may have an impact upon
the outcome of this Agreement or any ensuing AUTHORITY construction
project. The Contractor shall also list current clients who may have a financial
interest in the outcome of this Agreement or any ensuing AUTHORITY
construction project which will follow.
2. The Contractor hereby certifies that it does not now have nor shall it acquire any
financial or business interest that would contlict with the performance of services
under this agreement.
3. The Contractor and its employees,and all its Subcontractors and employees,shall
comply with the AUTHORITY's Conflict ofInterest Code.
4. Any sub agreement in excess 01'$25,000.00,entered into as a result of this
Agreement,shall contain all of the provisions of this clause.
X.REBATES,KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The Contractor warrants that this Agreement was not obtained or secured through
rebates,kickbacks or other unlawful consideration either promised or paid to any
AUTHORITY agency employee.For breach or violation of this warranty,the
AUTHORITY shall have the right, in its discretion,to terminate this Agreement without
liability, to pay only for the value of the work actually performed,or to deduct from this
Agreement price or otherwise recover the ItIlI amount of such rebate,kickback or other
unlawful consideration.
Y.PROHiBITION OF EXPENDING STATE FUNDS FOR LOBBYING
1. The Contractor certifies,to the best of his or her knowledge and belief, that:
City of Fresno
HSRII-29
Page 10 of 10
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
No State appropriated funds have been paid or will be paid, by or on behalf of the
Contractor,to any person for influencing or attempting to inI1uence an officer or
employee of any State agency, a Member of the State Legislature or United States
Congress,an officer or employee of the Legislature or Congress, or any employee
of a Member of the Legislature or Congress in connection with the awarding of
any State agreement,the making of any State grant, the making of any State, the
entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment,or modification of any State agreement, grant, loan, or
cooperative agreement.
2. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into.Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.
3. The Contractor also agrees by signing this document that he or she shall require
that the language of this certification be included in all lower tier sub agreements,
which exceed $100,000.00,and that all such sub recipients shall certify and
disclose accordingly.
City of Fresno
HSRII-29
Page 1 of2
EXHIBITE
ADDITIONAL PROVISIONS
Supplemental Terms and Conditions for Contracts Using ARRA Funds
1.ARRA FUNDED PROJECT:Funding for this contract has been provided through the American Recovery and
Reinvestment Act (ARRA) of 2009, Pub. L. 111-5. All contractors,including both prime and subcontractors,are
subject to audit by appropriate federal or State of California (State)entities.The State has the right to cancel,
terminate.or suspend the contract if any contractor or subcontractor fails to comply with the reporting and
operational requirements contained herein.
2.ENFORCEABILITY:Contractor agrees that if Contractor or one of its subcontractors fails to comply with all
applicable federal and State requirements governing the use of ARRA funds. the State may withhold or
suspend.in whole or in part, funds awarded under the program, or recover misspent funds following an audit.
This provision is in addition to all other remedies available to the State under all applicable State and federal
laws.
3.PROHIBITION ON USE OF ARRA FUNDS:Contractor agrees in accordance with ARRA. Section 1604. that
none of the funds made available under this contract may be used for any casino or other gambling establishment,
aquarium,zoo, golf course, or swimming pools.
4.REQUIRED USE OF AMERICAN IRON,STEEL AND OTHER MANUFACTURED GOODS (Buy
America):Contractor agrees that in accordance with ARRA.Section 1605,neither Contractor nor its
subcontractors will use ARRA funds for a project for the construction,alteration,maintenance.or repair of a
pubiic building or public work unless all of the Iron, steel and manufactured goods used in the project are
produced in the United States in a manner consistent with United States obligations under international
agreements.The Contractor understands that this requirement may only be waived by the applicable federal
agency in limited situations as set out in ARRA. Section 1605 [49 U.S.C. 211.405(a)J
5.WAGE RATE REQUIREMENTS:In accordance with ARRA. Section 1606. [49 U.S.C. 2105(c)(2)J the Contractor
assures that it and its subrecipients shall fully comply with said Section and notwithstanding any other provision
of law and in a manner consistent with other provisions of ARRA, all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the
federal government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the United States Secretary of Labor in accordance with
Subchapter IV of Chapter 31 of Title 40. United States Code (Davis-Bacon Act). It is understood that the
Secretary of Labor has the authority and functions set forth in Reorganization Plan Numbered 14 or 1950 (64
Stat. 1267; 5 U.s.C.App.) and Section 3145 ofTitle 40, United States Code.
6.INSPECTION OF RECORDS:In accordance with ARRA Sections 902,1514 and 1515,Contractor agrees that it
shall permit the State of California, the United States Comptroller General or his representative or the appropriate
Inspector General appointed under Section 3 or 8G of the United States Inspector General Act of 1978 or his
representative to: (1) examine any records that directly pertain to. and involve transactions relating to. this
contract;and (2)interview any officer or employee of Contractor or any of its subcontractors regarding the
activities funded with funds appropriated or otherwise made available by the ARRA.Contractor shall include this
provision in all of the contractor's agreements with its subcontractors from whom the contractor acquires goods
or services in its execution of the ARRA funded work.
7.WHISTLEBLOWER PROTECTION:Contractor agrees that both it and its subcontractors shall comply with
Section 1553 of the ARRA, which prohibits all non-federal Contractors,including the State, and all contractors of
the State, from discharging,demoting or otherwise discriminating against an employee for disclosures by the
employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract
relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health
or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to
implementation or use of ARRA funds; or (5) a violation of law, rule. or regulation related to an agency contract
(including the competition for or negotiation of a contract)awarded or issued relating to ARRA funds.Contractor
agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under
Section 1553 of Title XV of Division A of the ARRA.
C ity of Fres no
HSRII -29
Page 2 of 2
EXHIBIT E
ADDITIONAL PROVISIONS
8.FALSE CLA IMS ACT : Contractor agrees that it shall promptly notify the State and shall refer to a n appropriate
federal inspector general any c redible evidence that a principa l,employee, agent. subco ntractor o r ot her
person has committed a false clai m under the False Claims Act or has committed a cri minal o r civil violatio n of
laws pertaining to fraud,conflict of interest. bribery, g ratuity ,or similar mi sconduct involving ARRA fund s.
9 .REPORTING REQ UIRE MENTS:Pursuant to Section 1512 of the ARRA, in o rder for state agencies receiving
ARRA funds to prepare the required reports, Contractor agrees to provide the awarding state agency with the
following information on a monthly (quarterly) basis :
a .The tota l amount of ARRA funds received by Contractor duri ng the Reporti ng Period ;
b .The amou nt of ARRA funds that we re expe nded or o bligated du ring t he Reporting Period ;
c .A deta iled list of all projects or activities for which ARRA fun ds we re ex pending o r obligated,inc luding :
(L) Th e name of the proj ect o r a ctivity ;
(i i .)A d escription o f th e pro ject or act ivity;
(iiL) An evaluation of the completion sta tus of the project or ac tivity;and
(iv .)An estimate of the n umber of jo bs c reated a nd lor retained by the project or acti vity;
d .For any contracts equal to or greater t han $25 ,000:
(L) The n ame of th e en tity r eceiving th e co ntract;
(ii .)Th e a mount o f th e co nt ract ;
(iiL)Th e t ransa cti on t ype ;
(iv .)The North American Industry Classification System (NAICS) code or Catalog of Federal
DomesticAssistance (C FDA)num ber;
(v .)The P rog ram so urce ;
(vi.)An award titl e d escriptiv e of th e purp ose of eac h funding action ;
(viL) Th e location of th e e ntity rece iving th e co ntract;
(viii .)The p rimary location of th e co ntract.including the c ity ,state,congress ional distr ict and cou ntry ;
(ix .)The DU NS n umber, or name and zip code for the enti ty headquarters;
(x .)A unique identifier of the entity receiving the co ntract and the parent entity of Contractor,
should the en tity be owned by a nother;and
(xi.)Th e names and tot al compensation of the five most highly comp ensated officers of the company if
it received :1) 80% or more of its annual gross revenues in Federal awards;2) $25M or more in
annual g ross revenue from Federal awards and;3)if the public does not have access to information
about the compensation of senior executives through periodic reports filed under section 13(a} o r
15(d) of the Securities Exchange Act of 1934 or section 6104 of Intema l Revenue Code of 1986.;
e .For any contracts of less than $25,000 or to individuals,the information required above may be reported in
the aggregate and requires the cert ification of an authorized office r of Contractor that t he information
cont ained in the report is ac curate.
Any other information reasonably requested by the State of California or required by state or federal
law or regulation.
Standard data elements and federal instructions for use in compiying with reporting requirements under Section 1512
of the ARRA,are pending review by the federal government,and were published in the Federal Register on April 1,
2009 [74 FR 148241,and are to be provided online at www .Federa IReporting .gov .The additional requirements will
be added to this contract(s).
ATIACHMENT 1 -COST PROPOSAL/TIMELINE
1
BUDGET/COSTS
Any invoice submitted by contractor will identify line item costs and corresponding task number
City of Fresno
HSR11-29
Fringe Operating Travel Sub-Total By
Task #Personal Services Benefits Expenses Expenses Overhead Task Total by Task
Estimated #of hours needed for contract services multiplied by individual or Identify fringe Operating Include travel This information
position rates per he Do not include travel or overhead. Include benefit costs citing expenses expense and must be provided.
name/position title and hours.actual benefits or realted to the per diem.
as a percentage services Rates are set at
of personal provided the rate
service costs.inclUding rent specified by
and supplies.DPA.
Name/Position $/Hr Hrs Total $
1 MASTER AGM'T
1.1 Risk Management
1.1A Risk Analysis
Scott Mozier $55.42 6 $
332.52 $87.12 $482.15 $901.79
David Cisneros $48.45 80 $
3,876.00 $1,015.51 $5,620.20 $10,511.71
Carl Kassabian $50.00 30 $1,500.00 $393.00 $2,175.00 $4,068.00
Sub-total Task 1.1 $15,481.51
1.2 Legal Services
1.2A City Attorney Staff $13000 40 $5,200.00 $1,362.40 $7,540.00 $14,102.40
David Cisneros $48.45 24 $1,162.80 $304.65 $1,686.06 $3,153.51
Carl Kassabian $50.00 10 $50000 $131.00 $725.00 $1,356.00
1.2B Efren Banuelos $55.42 16 $88672 $232.32 $1,285.74 $2,404.78
Scott Mozier $55.42 12 $665.04 $174.24 $964.31 $1,803.59
Scott Tyler $48.45 12 s 581.40 $152.33 $843.03 $1,576.76
Sub-total Task 1.2 $24,397.04
1.3 Project Meetings
1.3A P.W.Staff $43.31 64 $2,771.84 $726.22 $4,01917 $7,517.23
David Cisneros $48.45 64 $3,100.80 $812.41 $4,496.16 $8,409.37
Carl Kassabian $50.00 64 $3,200.00 $838.40 $4,640.00 $8,678.40
ATIACHMENT 1 - COST PROPOSAL/TIMELINE
2
BUDGET/COSTS
Any invoice submitted by contractor will identify line item costs and corresponding task number
City of Fresno
HSR11-29
Fringe Operating Travel SUb-Total By
Task #Personal Services Benefits Expenses Expenses Overhead Task Total by Task
Estimated #of hours needed for contract services multiplied by individual or Identify fringe Operating Include travel This information
position rates per hr. Do not include travel or overhead.Include benefit costs citing expenses expense and must be provided.
name/position title and hours.actual benefits or realted to the per diem.
as a percentage services Rates are set at
of personal provided the rate
service costs.including rent specified by
and supplies.OPA.
Name/Position $/Hr Hrs Total $
13B P.W.Staff $28.04 24 $672.96 $176.32 $975.79 $1,825.07
David Cisneros $4845 30 $1,453.50 $380.82 $2,107.58 $3,941.89
Carl Kassabian $50.00 16 $800.00 $209.60 $1,160.00 $2,169.60
Sub-total Task 1.3 $32,541.56
14 City Staff Effort
14A Scott Mozier $5542 16 $886.72 $232.32 $1,285.74 $2,404.78
Scott Tyler $4845 16 $77520 $203.10 $1,124.04 $2,102.34
Efren Banuelos $5542 16 $88672 $232.32 $1,285.74 $2,404.78
David Cisneros $4845 64 $3,100.80 $81241 $4,496.16 $8,409.37
Carl Kassabian $50.00 40 $2,000.00 $524.00 $2,900.00 $5,424.00
14B PW.Staff $28.04 10 $28040 $7346 $406.58 $76044
Scott Mozier $5542 24 $1,330.08 $34848 $1,928.62 $3,607.18
Scott Tyler $4845 12 $58140 $152.33 $843.03 $1,576.76
Efren Banuelos $5542 12 $665.04 $174.24 $964.31 $1,803.59
David Cisneros $4845 60 $2,907.00 $761.63 $4,215.15 $7,883.78
Carl Kassabian $50.00 16 $800.00 $209.60 $1,160.00 $2,169.60
14C Alan James $32.63 60 $1,957.80 $512.94 $2,838.81 $5,309.55
Bruce Abbott $28.04 24 $672.96 $17632 $975.79 $1,825.07
P.W. and Finance
14D Dept.Staff $37.00 24 $888.00 $232.66 $1,287.60 $2,408.26
ATTACHMENT 1-COST PROPOSAL/TIMELINE
3
BUDGET/COSTS
Any invoice submitted by contractor will identify lineitem costs and corresponding tasknumber
City of Fresno
HSR11-29
Fringe Operating Travel Sub-Total By
Task#Personal Services Benefits Expenses Expenses Overhead Task Total by Task
Estimated #of hoursneeded for contractservices multiplied by individual or Identifyfringe Operating Includetravel This information
position ratesper hr.Donot include travel Of overhead.Include benefit costs citing expenses expense and mustbe provided,
name/position title and hours.actual benefits or realtedto the perdiem.
as a percentage services Rates are set at
of personal provided the rate
service costs.including rent specified by
and supplies.DPA
Name/Position $/Hr Hrs Total $
1.4E Scott Mozier $55.42 16 $88672 $23232 $1,285.74 s 2,404.78
Scott Tyler s 48.45 16 $775.20 s 20310 $1,124.04 s 2,102.34
Efren Banuelos $55.42 10 $554.20 $145.20 $80359 $1,502.99
David Cisneros $48.45 48 $2,325.60 $60931 s 3,372.12 s 6,307.03
Carl Kassabian $50.00 24 $1,200.00 s 314.40 $1,740.00 $3,254.40
1.4F Scott Mozier $55.42 10 $554.20 s 145.20 $803.59 $1,502.99
David Cisneros $48.45 24 $1,162.80 s 304.65 $1,686.06 $3,153.51
Carl Kassabian s 50.00 24 s 1,200.00 $314.40 $1,740.00 s 3,254.40
1.4G Scott Mozier s 55.42 20 $1,108.40 $290.40 s 1,607.18 s 3,005.98
Scott Tyler s 48.45 20 $969.00 s 253.88 $1,405.05 s 2,627.93
David Cisneros $48.45 20 $969.00 $253.88 $1,405.05 $2,627.93
Carl Kassabian $50.00 12 s 600.00 $157.20 $870.00 $1,627.20
Sub-total Task 1.4 $81,460.99
2 PRIOR RIGHTS
2.1 Street Construction
2.1A Cons't.Mang't Staff s 44.03 40 s 1,761.20 $461.43 s 2,553.74 $4,776.37
Efren Banuelos s 55.42 20 $1,108.40 $290.40 $1,607.18 $3,005.98
2.1B P.W.Staff s 28.04 40 $1,121.60 $293.86 s 1,626.32 $3,041.78
Scott Mozier $55.42 30 $1,662.60 s 435.60 s 2,410.77 s 4,508.97
Scott Tyler $48.45 24 $1,162.80 $304.65 $1,686.06 $3,153.51
ATIACHMENT 1-COSTPROPOSAL/TIMELINE
4
BUDGET/COSTS
Any invoice submitted by contractor will identify line item costs and corresponding task number
City of Fresno
HSR11-29
Fringe Operating Travel Sub-Total By
Task #Personal Services Benefits Expenses Expenses Overhead Task Total by Task
Estimated #of hours needed for contract services multiplied by individual or Identify fringe Operating Include travel This information
position rates per hr.Do not include travel or overhead.Include benefit costs citing expenses expense and must be provided.
name/position title and hours.actual benefits or realted to the per diem.
as a percentage services Rates are set at
of personal provided the rate
service costs.includinq rent specified by
and supplies.DPA
Name/Position $/Hr Hrs Total $
21C Scott Mozier $55.42 12 $665.04 $174.24 $964.31 $1,803.59
Scott Tyler $48.45 48 $2,325.60 $609.31 $3,372.12 $6,307.03
Randy Schrey $44.03 50 $2,201.50 $576.79 $3,192.18 $5,970.47
2.10 PW.Staff $28.04 40 $1,121.60 $293.86 $1,626.32 $3,041.78
Scott Mozier $55.42 16 $886.72 $232.32 $1,285.74 $2,404.78
Scott Tyler $48.45 24 $1,162.80 $304.65 $1,686.06 $3,153.51
Sub-total Task 2.1 $41,167.78
Underground
2.2 Utilities
2.2A Scott Mozier $55.42 12 $66504 $174.24 $964.31 $1,803.59
Scott Tyler $48.45 16 $77520 $203.10 $1,124.04 $2,102.34
Gary Witzel $44.03 40 $1,761.20 $461.43 $2,553.74 $4,776.37
Jeff Beck $32.63 40 $1,305.20 $341.96 $1,892.54 $3,539.70
P.W.and Public
2.2B Utilities Staff $44.03 50 $2,201.50 $576.79 $3,192.18 $5,970.47
Scott Mozier $55.42 8 $443.36 $116.16 $642.87 $1,202.39
Scott Tyler $48.45 16 $775.20 $203.10 $1,124.04 $2,102.34
Robert Andersen $55.42 40 $2,216.80 $580.80 $3,214.36 $6,011.96
2.2C Robert Andersen $55.42 30 $1,662.60 $435.60 $2,410.77 $4,508.97
I Scott Mozier $55.42 30 $1,662.60 $435.60 $2,410.77 $4,508.97
Scott Tyler $48.45 30 $1,453.50 $380.82 $2,107.58 $3,941.89
;Sub-total Task 2.2 $40,469.01
ATTACHMENT 1-COST PROPOSAL!T1MELINE
5
BUDGET/COSTS
Any invoice submitted by contractor will identify line item costs and corresponding task number
City of Fresno
HSR11-29
Fringe Operating Travel SUb-Total By
Task #Personal Services Benefits Expenses Expenses Overhead Task Total by Task
Estimated #of hours needed for contract services multiplied by individual or Identify fringe Operating Include travel This information
position rates per hr.Do not include travel or overhead. Include benefit costs citing expenses expense and must be provided.
name/position title and hours.
actual benefits or realted to the per diem.
as a percentage services Rates are set at
of personal provided the rate
service costs. inctudinq rent specified by
and supplies.DPA.
Name/Position $/Hr Hrs Total $
PROJECT
3 CONFLICTS
3.1 Conflict Review
3.1A Robert Andersen $55.42 30 s 1,662.60 s 435.60 $2,410.77 $4,508.97
Doug Hecker $4403 50 $2,201.50 s 576.79 s 3,192.18 $5,970.47
Mike Carbajal $44.03 50 $2,201.50 $576.79 s 3,192.18 $5,970.47
3.18 Scott Tyler $48.45 36 $1,744.20 $456.98 s 2,529.09 s 4,730.27
Randy Schrey s 44.03 50 $2,20150 $576.79 s 3,192.18 $5,970.47
Sub-total Task 3.1 $27,150.65
4 CONSULTANT
4.1 Consultant Selection
4.1A Scott Mozier s 55.42 24 $1,330.08 $348.48 $1,928.62 $3,607.18
Scott Tyler $48.45 16 $775.20 $203.10 $1,124.04 $2,102.34
Robert Andersen s 55.42 16 $886.72 $23232 $1,285.74 $2,404.78
David Cisneros $48.45 32 $1,550.40 $406.20 s 2,248.08 $4,204.68
Carl Kassabian $50.00 16 $800.00 s 209.60 s 1,160.00 $2,169.60
4.18 David Cisneros $48.45 30 $1,453.50 $380.82 s 2,107.58 s 3,941.89
Carl Kassabian $50.00 20 $1,000.00 $262.00 $1,450.00 $2,712.00
ATTACHMENT 1-COST PROPOSAL!TIMELINE
6
BUDGET/COSTS
Any invoice submitted by contractor will identify line item costs and corresponding task number
City of Fresno
HSR11-29
Fringe Operating Travel Sub-Total By
Task #Personal Services Benefits Expenses Expenses Overhead Task Total by Task
Estimated #of hours needed for contract services multiplied by individual or Identify fringe Operating Include travel This information
position rates per hr. Do not include travel or overhead.Include benefit costs citing expenses expense and must be provided.
name/position title and hours.actual benefits or rearted to the per diem.
as a percentage services Rates are set at
of personal provided the rate
service costs.including rent specified by
and supplies.DPA.
Name/Position $/Hr Hrs Total $
4.1C Scott Mozier $55.42 16 $886.72 $232.32 $1,285.74 $2,404.78
Scott Tyler $48.45 20 $969.00 $253.88 $1,405.05 $2,627.93
David Cisneros $48.45 32 $1,550.40 $406.20 $2,248.08 $4,204.68
Carl Kassabian $50.00 16 $800.00 $209.60 $1,160.00 $2,169.60
Sub-total Task 4.1 $32,549.48
GRAND
Total TOTAL
by line
Item 2240 $108,856.20 $28,520.32 $-$-$157,841.49 $295,218.01 $295,218.01
Overhead costsarethose general expenses incurred durning normal courseof operating a business.At timesthese costs maybe called
General &Administrative,FringeBenefits Costs,Overhead,or Payroll burden.
ATTAC HMENT 1 -COS T P ROPOSALfTIMELINE
7
Proj ect Tim eline
T he C ity o f Fresno H SR11 -29
Fund Source FY 201 1-12 FY 2012-13
l<eSpOnSIDle r ota t
Tas ks Party Cost J F M A M J J A S 0 N D J F M A M J
Risk Mana gement City of F resno 15 ,48 2
Legal Services C ity of Fres no 24 ,397
Project Meetings C ity of Fresno 32 ,542
C ity Staff Effort City of Fresno 8 1,461
C ity of Fresno
Street Const ruction City of Fresno 4 1,168
Unde rground Utilities C ity of Fresno 4 0,469
C ity of Fre sno
C onflict Rev iew City o f Fresno 27 ,151
C ity of F resno
Con sultant Selection City of Fresno 3 2 ,55 0
T OTALS 295 ,220
CCC-307
CERTIFICATION
I, the official named below,CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legall y bind the prospective Contractor to the clause(s)listed belo w.TIJi s
certification is made under the laws of th e State of California.
Contractor/Bidder Finn Name (Printed)
Date Execute
51 7 /:;>"0).:l......
FederallD Number
___3~!
CONTRACTOR CERTIFICATION CLAUSES
I .STATEMENT OF COMPLIANCE:Contractor has ,unles s exempted,complied with
the nondiscrimination program requirements.(Gov. Code §12990 (a -O and CCR ,Title 2 ,
Section 8103)(Not a pplicable to publi c e ntities.)
2.DRUG-FREE WORKPLACE REOUIREM ENTS:Contra ctor will comply with the
requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a . Publi sh a statement noti fying e mployees that unl awful manufacture, di stribution ,
dispensation,poss ession or use of a controlled substanc e is prohibited and specifying
actions to be taken against e mployees for violations.
b .Establish a Drug -Free Awareness Program to inform employees abou t:
I) the dangers of drug abu se i n the workpl ace;
2) the pe rson's or organization's policy of maintaining a drug-free workplace ;
3 ) any ava ilable couns eling,rehabilitation and employ ee assistanc e programs ;and,
4)penalties that may be imposed upon employ ees for drug abuse viol ations .
c .Every employee who works on the proposed Agreement will:
I) rece ive a copy of the company's drug-free workplace policy statement;and,
2) agree to abide by the terms of the company's statement as a condition of employment
.on the Agreement.
F ailure to comply with th ese requirements may result in suspension of payments under
the Agreement or termination of th e Agreement or both and Contr actor may be ineligible
for award of any future State agreements if the department determin es that any of the
followin g has occurred :th e Contractor has made false certification,or viol ated th e
i
ce rtificatio n b y fai lin g to ca rry out the requirements as noted a bove .(Gov.Code §83 50 et
seq.)
3. NATIONAL LABOR RELAT IONS BOARD C ERT IFICATION:Contractor certifies
that no mor e than on e (I) fin al un appealab le findin g o f cont empt o f court by a Federal
c ourt has been issued a gainst C ontractor within the immediately pr eceding two-year
period because of Co ntractor 's fai lure to comp ly with an ord er o f a Federa l court,which
o rders Contractor to comp ly with a n o rder o f the Na tional La bor Re lations Board .(Pub .
Contract Code §10296)(Not app licab le to p ublic e ntities.)
4 . CONTRACTS FOR LEGAL SE RVICES $5 0,000 OR MOR E-PRO BONO
REOUIR EMENT: C ontractor hereby c ertifi es th at contra ctor wi ll comp ly with the
requirements o f Sec tion 6 072 of th e Business a nd Profess ions Code ,effec tive J anuary 1,
2 003.
Co ntractor ag rees to mak e a good faith effort to pro vide a m inimum numb er of hou rs of
pro bono legal serv ices durin g each year of the c ontract equa l to the lessor of 30
multip lied by th e numb er of fu ll tim e attorneys in the firm 's offic es in the State,with the
numb er o f hour s pror ated on a n actual d ay basis for a ny c ontract period ofless than a fu ll
yea r or 10%of its co ntract with the State.
Fa ilure to m ake a go od faith effort ma y be cause for non-renewa l of a state c ontract for
legal serv ices ,a nd ma y be taken into acc ount wh en determining the award o f futur e
contracts with the Sta te for legal serv ices.
5. EX PATR IATE C ORPORATIONS:Co ntractor hereby declares that it is not a n
ex patriate corporation or s ubsidiary o f a n ex patriate corpor ation within the meaning of
Pub lic Contract Code Sec tion 10286 and 10286.1, and is e ligible to contract w ith the
State o f Ca lifornia.
6. S WEAT FREE CODE O F CONDUCT:
a .A ll Contractors cont racting for t he pro curement or laundering of a ppare l,ga rments or
corresponding accessories,o r the p rocurement o f e quipment, mat erials, o r supplies ,oth er
th an pro curement related to a pub lic works contract ,declare under pena lty of perjury that
n o apparel, gar ments or corresponding access ories ,equipment,materia ls,o r s upp lies
furni shed to the s tate pur suant to the contract have been laundered or produced in who le
or in part by sweatshop la bor,forc ed labor,convict labor ,indentured labor und er pena l
sa nction,ab usive forms o f c hild labor or ex ploitation of chi ldren in sweatshop la bor,o r
with the benefit o f sweatshop labor,forced labor,convict la bor,indentured labor under
pena l sanction,a busive form s of child la bor or ex ploitation o f children in s weatshop
la bo r. T he co ntractor furth er d eclares und er penalty of perjury that th ey a dhere to the
Swea tfree Code of Conduct as se t forth o n the Ca l ifornia Department of Indu stria l
Re lations we bsite lo ca ted at www .dir.ca.gov .a nd Public Contract Co de Section 6 108.
b . The contractor a grees to c ooperate fully in pro viding reasonable ac cess to the
co ntractor's records,documents,age nts o r emp loyees ,o r premises if reasonably required
by auth orized offi cials of th e contracting age ncy ,the Department oflndustrial Re lat ions,
or the Department ofJustice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS:For contracts over $100,000 executed or amended after
January 1,2007,the contractor certifies that contractor is in compliance with Public
Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
I.CONFLICT OF INTEREST:Contractor needs to be aware of the following provisions
regarding current or former state employees.If Contractor has any questions on the
status of any person rendering services or involved with the Agreement,the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub.Contract Code §I0410):
I). No officer or employee shall engage in any employment,activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment,activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub.Contract Code §I0411):
1). For the two-year period from the date he or she left state employment,no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations,transactions,planning,arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment,no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service,
If Contractor violates any provisions of above paragraphs,such action by Contractor shall
render this Agreement void. (Pub.Contract Code §I0420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission,payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2.LABOR CODE/WORKERS'COMPENSATION:Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions,and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement.(Labor Code Section 3700)
3.AMERICANS WITH DISABILITIES ACT:Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA)of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.c.12101 et seq.)
4.CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment.Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5.CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations,the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b."Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction lor the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California)must
be in good standing in order to be qualified to do business in California.Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6.RESOLUTION:A county, city, district, or other local public body must provide the
State with a copy ofa resolution,order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement,authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION:Under the State laws, the Contractor
shall not bc: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions;or (3)
finally determined to be in violation of provisions offederal law relating to air or water
pollution.
8.PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
Council Adoption:
Mayor Approval:~:
"-Mayor Veto:'''0,.~;y
Override Request:<'.'.'..::'
TO:
May 18,2012
FROM:
MAYOR ASHLEY SWEARENGIN
YVONNE SPENCE, CMC ,N
City Clerk V~~
SUBJECT:TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO,Cf,,7
At the Council meeting of 5/17/12,Council adopted the attached Resolution No.2012-~
entitled 6ih amendment to the Annual Appropriation Resolution (AAR)No.2011·133
appropriating $295,000 in Proposition 1A funds for engineering and plan review for
the High Speed Rail Project,item 10:30a.m.item 81,by the following vote:
Ayes
Noes
Absent
Abstain
Baines, Brand, Quintero,Westerlund,Xiong
Borgeas,Olivier
None
None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before May 29, 2012. In computing the ten day period required by Charter, the first day
has been excluded and the tenth day has been included unless the 10
th day is a Saturday,
Sunday, or holiday, in which case it has also been excluded.Failure to file this memo with
the Clerk's office within the required time limit shall constitute approval of the ordinance,
resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
************************************************************
APPROVE~O :@~__
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
.._-_.
Ashley Swearengin, Mayor
Date:
COUNCil OVERRIDE ACTiON:
Ayes
Noes
Absent
Abstain
Date:_
On molion of Councilmember Westerlund,seconded by Councilmcmber Brand, duly carried,RESOLVED,the above
entitled CONSENT CALENDAR hereby adopted,bythc fallowing vote:
Ayes
Noes
Absent
Borgeas,Brand,Quintero.Westcrlund,Xiong,Olivier
None
Baines
(10:00 A.M.)PRESENTATlONIREPORT BY CLOVIS UNIFIED SCHOOL DISTRICTON TIIEIR 50~ANNIVERSARY AND
UPCOMING CHANGESTOTHEIR PROGRAMS ANDTIlE DISTRICT -COUNCILMEMBER WESTERLUND
Councilmemberwesteelued introduced the item and staled Clovis Unified celebratedtheir 50~anniversary this past year and
congratulated them,advised 40%of the district's students were Fresno residents.stated the district wasan outstanding onc withmany
awards and accoladesand was.shining star intheCentralValley'seducaticoalworld,and introduced JanetYoung,Superintendent of
the Clovis UnifiedSchool District. Ms.Young introduced district officials in attendance.submitteda packet of written materialsto
Council whichcontained information on howthe district serves its students,studentachievement.where studentsreside,and types of
programslevcntslaetivitieslt3.cHitics that serve the students andthe greater Fresno area ,and shared infonnation and numbers on the
district and students, displaying a map to illustrate.Upon the request of Councilmcmber Westerlund Ms. Young expanded on
Measure'A'whichwillbe on the June ballot.and Councilmembers Westerlund,Brand.XiongandPresidentOlivier spokein support
of Measure 'A 'and the district,thanked the Boardof Trustees for the open relationshiplpartnership.and thankedMs.Young forher
presentation.There was no further discussion.
CONTESTED CONSENT CALENDAR:
(1-)1)ACTIONS RELATING TO THE GETrYSBURG AVENUE BIKE LANE PROJECT FROM FRESNO STREET TO
WINERY AVENNUE
#1 ADOPT FINDING OF CATEGORICAL EXEMPTION PURSUANT TO CEQA(MINOR ALTERATION TO lAND)
#2 AWARD A CONSTRUCTION CONTRACT FOR THE PROJECT TO INTERMOUNTAIN SLURRY SEAL, INC.• OF
WATSONVILLE,CA INTHE AMOUNTOFS328,OOO
Councilmember Westerlundthankedstafffortheir workon the projectand effortsto addressissues.(3 -0)and spoketo
a district meeting where some concerns werestill expressed,to modifications that weremadetotheplan.andtohis desireto get back
tohis constituents to infonn them ofthe changesand madea motion to continue this itemtoMay 24 i.1l stating thebidsweregood until
May25~.
On mot ion ofCouncilmember Westerlund,secondedbyPresident Olivier,dulycarried,RESOLVED .Item I-F continued 10
May 24,2012,bythe following vote:
Ayes
Noes
Absent
Borgeas,Brand.Quintero,Westerlund,Xiong,Olivier
None
Baines
(J 0:30 a.m,U A")ACTIONS RELATING TO11IEIUGIISPEED RAJL (IISR)PROJECT
#1 RESOLlfl'lON -67''''AMENDMENT TO AAR2011-133 APPROPRIATING S295,OOO IN PROPOSITION IA FUNDS FOR
ENGINEERING AND PLAN REVIEW FOR THE HSR PROJECT UNDER TIlE MASTF.R COOPERAT IVF.AGREEMENT
(Failed adoption due to th~ne~d for five (51 a(fi,.",a!iW'vote.v)
#2 APPROVE A MEMORANDUM OF UNDERSTANDING (MOU)WITH HIE CALIFORNIA IISR AIJrIlORn y PROVIDING
FOR PAYMENTOF .S29 S.000 TO THF.CITYOFFRESNO FOR COSTS INCURRED IN PF.RFORMING THE TASKS NEEDED
TO DEVELOP A MASTER COOPERATIVE AGREEMENT FOR THE HSRPROJECT (Awowdl
City Engineer Mozier reviewed the issueas contained in the staff report as SUbmitted.and stated time was of the essence
fromtheHSRAuthority's perspective in thebidprocessand recommended approval.
159-121 5(3112
C lly 01
FR ~·,~"I<E:~"'i.....REPORT TO THECITY COU NCIL
May 3,20 12
AGENDA ITEM NO.
COUNCIL MEETING 0 5/03/12
~O EPARn~
FRO M:
B Y:
SUBJ ECT:
PATRICK N.WIEMILLER,Director
Public Warns Department
scorr L.MOZIER, PE,City Engineer/Assistant Direct or b fY\.-
Public Works Department,Traffic and Engineering Services Division ,/f7/\.
RESOLUTION - ADOPTING THE 67
TH AMENDMENT TO THE ANNUAL
APPROPRIATIONS RESOLUTION NO.2011-133 APPROPRIAT ING
$295,000 IN PROPOSIT ION 1A FUNDS FOR ENGINEER ING AND PLAN
REVIEW FOR THE HIGH-SPEED RAIL (HSR) PROJECT UNDER THE
MASTER COOPERATIVE AGREEMENT
APPROVE A MEMORANDUM OF UNDERSTANDING WITH T HE
CALI FORNIA HIGH-SP EED RAIL AUTHORITY PROVIDING FOR
PAYMENT OF $295,000 TO THE CITY FOR COST S INCURRED IN
PERFORMING THE TA SKS NEEDED T O DEVELOP A MAST ER
COOP ERAT IVE AGREEMENT FOR THE HIGH-SPEED RAIL PROJECT
RECOMMENDATIONS
Staff recommends that the Council take the following actions:
1.Adopt a resolution adopting the 67th Amendment to the Annual Appropriations Resolution
No.2011-133 appropriating $295,000 in Proposition 1A f unds for engineering and plan I
review for the High-Speed Rail (HSR) project under t he Master Cooperative Agreement
2.Approve a Memorandum of Understanding (MOU) with the California High-Speed Rail
Autho rity (CHSRA)in subst antially the form attached ,providing f or payment of $295,000 to
the City for costs incurred in performing the tasks needed to develop a Master Cooperative
Agreement for the HSR project :and authorize the Public Works Director or his designee to I
sign the MOU on behalf of the City,subject to City Att orney approval as to fo rm.
EXECUTIVE SUMMARY
Staff has been wo rking w ith representatives of the California High-Speed Rail Aut hority (CHSRA)to
develop a Master Cooperative Agreement between the CHSRA and the City of Fresno that will set f orth ,
the design,construction and maintenance responsibilities for facilities to be constructed .modified or
relocated as part of the HSR proj ect. The CHSRA has agreed to compe nsate t he City for costs to be
i ncurred in developing the agreement up to $295,000 and has prepared a Memorandum of
Understanding t o cover this work .Tasks include verification of existing rig hts-of-way ,review of proposed
designs for conformance to City standards,analysis of utility-HSR conflicts, analysis and verification of
utility easements and pre-plan check activities along the HSR corridor .Therefore staff recommends the
Council adopt a resolu1i on "mending the Annual Appropriations Resolut ion (AAR)to appropriate the
I
Report to the City Council
Resolution Adopting 67 "Am end ment to AAR
Mem o ra ndum of U nde rstanding with Cal ifornia High-Speed Rail A u tho r~y
May 3,2012
Page 2
CH SRA funding .St aff is a lso recommending the Counc il ap prove the attach ed MOU between the
CHSRA and the C ity which will allow the City to recover its costs in developing t he agreem ent.
B ACKGROUND
The CHSRA is proposing to begin co nstruction in Fre sno within the next year .The alignment as
depicted in the project 's Env ironmental Impact Report is gen erally on the west side of the Union Pacific
Railroad (UPRR) tracks from no rth of Herndon Avenue thro ugh downtown and south to Jensen Av enue ,
then curving tow ard an alignment on the w est side of th e Burlington Nort hern Santa Fe (BNSF)tra ck s
from t he Highway 99 cr oss ing t o t he southe rly sphe re of influence boundary at Ame rican Ave nue. In
order to construct t he HSR corr idor on the proposed t rack alignment,nume rous C ity fac ilities will ha ve to
be relocated or mod ified.These fac ilities include the protection,modification or rel ocation of numerous
sewer and wate r pipelines ,t he relo c at ion of G olden St ate Bo ulevard betwee n t he Hern don Avenu e/SR-
99 interchange and Ashlan Avenue,extens ive mod ificat ion of streets suc h as Parkway Drive west of
SR-99 as a res ult of shifting SR-99 to the wes t ,street closu re s,grade separations (s uch a s Shaw
Avenue,McKinley Avenue,Olive Avenue ,Belmo nt Avenue,Fresno Str eet underp ass extens ion , Tu lare
Street,Ventura Street,Chu rch Avenue, C e ntral Avenue) and associated w ork such as signing ,st riping ,
tr affic signal modifications,street ligh ting,dra inage facilities ,curbs,gutters and sidewalks .
Staff has been contacted by P arsons Brinck e rhoff ,the eng inee ring consultants for the CHSRA in o rde r
to develop a Master Cooperative Ag reement that will assign des ign,construction ,and maintenance
responsibilities for the project .An interagency coo perative ag ree ment wo uld typically be required f or a
project of t his magn itude For exa m ple , e ach of t he previ ous fr ee way extens ion projects has involved a
coo pe rative ag reement between C a ltrans and the City of Fres no.High-spee d rail w ill need to fo llow a
sim ilar pr oce ss an d as such the pro posed MOU will provide t he City w ith the necessary funding to
partner with t he CHSRA in t he development of a coo perat ive agr eement.
T he Public Wo rks Depa rtment and t he Depa rtment of Public Utilit ies have estimated th e cost to perform
th e needed tas ks ident ified in th e atta ched Scope of W ork at $295 ,000 .This e stimate of cos t w as
transmitted to Par so ns Brincke rhoff by letter,a copy of wh ic h is att ached.The MOU will obligate t he
CHSRA to re im burse the C ity , up to $295,000, for costs incurr ed in pe rform ing the items listed in the
Scope of W ork .Upon successful negotiation of a deta iled M aster Coop erative A gree ment.sta ff wi ll
return to Council for approva l of the p roposed agreement.
The proposed MOU la nguage is under fin al review by the CHSRA but has been approved as to form by
the City Atto rney 's Offi ce .Staff recom mends t hat the Public Works Director or desi g nee be a uthorized
to sign the MOU i n substantially the fo rm atta ched ,SUbj ect t o a pproval as to fo rm by the C ity Attorn ey 's
Office ,due to th e c om pres sed tim e fra mes as sociated with the High -Speed Rail project.
FISCAL IMPA C T
No General Fun d do llars will be req uired for t he pro posed w ork.The City 's cos ts for se rv ices provided
un der the proposed M OU w ill be paid f or by CH SRA pr oject fund ing.
Attachments:
1.PlOjecl Aroa Map
2.6m Amendment10the AnnualAppropriation s Resolution
3.MOU with Calo fornia H ig ~-S~Rail Authority
4 .CityLette r to Parsons Brinckertl off
RESOLUTION NO.2012-87
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 67"'AMENDMENT TO THE ANNUAL APPROPRIATION
RESOLUTION NO. 2011-133 APPROPRIATING $295.000 IN
PROPOSITION 1A FUNDS FOR ENGINEERING AND PLAN REVIEW
FOR THE HIGH SPEED RAIL (HSR) PROJECT UNDER THE MASTER
COOPERATIVE AGREEMENT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART /II of the Annual Appropriation Resolution No.2011-133 be and Is hereby amended
as follows:
Increasef(Decrease)
TO: PUBLIC WORKS DEPARTMENT
High Speed Rail Projects S 295,000
THAT account titles and numbers requiringadjustment by this Resolution are as follows:
High Speed Rail Projects
Revenues:
Account: 33529 Proposition 1A Revenue
Fund: 26001
Org Unit: 189901
Total Revenues
Appropriations:
Account: 51101 Permanent Salaries
51104 Perm Fringe-Health&Welfare
53302 Prof SvcslConsulting ..Outside
55501 Printing &Blnding-Q/S Vendor
59102 City Attorney Charges
59105 Purchasing ..Variable Charge
59117 Overhead
Fund: 26001
Org Unit: 189901
Project: PW00663
Total Appropriations
S 295.000
$295009
S 82,500
19,000
90,000
4.500
10,000
2,400
86.600
$295.000
I
THAT the purpose is to appropriate $295,000 in Prop 1A funds for engineering and plan review
to be performed by the City for the High Speed Rail (HSR) project under the Master Cooperative
Agreement.
M,ttd 5-1]-0.
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K:\USERS\DOCSIRESOS\F'(12 AAR\12 67th Prop1A HSR.SRMdoex
CLERK'S CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF FRESNO } ss.
CITY OF FRESNO }
I,YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was
adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the
17th Day of May , 2012
AYES:Baines,Brand,Quintero,Westerlund,Xiong
NOES:Borgeas,Olivier
ABSENT:None
ABSTAIN: None
N(A
May 29
N(A
-2-·
K:\USE;RS\OOCS\RESOS\FY 12 MR\12 67th Prop1A HSR.SRM.docx
AGENDA ITEM NO.10:3001 J'Y)B
COUNC IL MEET ING 05/17/12
APPROVED BY
May 17, 20 12
CITYM AN AGE~/~
PATRICK N. WIEMILLER, Director
Public Works Department
FROM:
BY :
SUBJECT:
Presented 10 City Co~nc il •
Dal'':JJ /7/1"2.-,...~-~g.-•Gis :~~lon .C)
'-'"....,~•.AIJ .J..-6 7 "-
s corr L.MOZIER,PE,City Engineer/Assistant Director -CU----Yh-
Public Wo rks Department.Tr affic and Engineering Services Division ~"I ''-
RESOLUTION -A DOPTING THE 6 7T H AMENDM ENT TO TH E ANNUAL
APPROPRIATION S RESOLUTION NO.2011-133 A PPROPRIATING
$295,000 IN PROPOSITION 1A FUNDS FOR ENGINEERING A ND PLAN
REVIEW FOR THE H IGH-SPEED RA IL (HSR) PROJECT UNDER THE
MASTER COOPERATIVE AGREEMENT
RECOMMENDATION
Staff recommen ds t hat the Council ad opt a resolution adopting the 67th A mendment to the Annual
A ppropriations Resolution No. 2011-133 appropriating $295,000 in Proposition 1A fun ds for e ngineering
a nd plan review for the High-Speed Rail (H SR) project under the Master Cooperative Agreement.
EXECUTIVE SUMMARY
Staff has been working w ith representati ves of the California High-Speed Rail Authority (CHSRA) to
develop a Master Cooperative Agreement between t he CHSRA and the City of Fresno that wi ll set forth
the desig n,construction and maintenance responsibilities for fac ilities to be constructed, modified or
relocated as part of the HSR project. On May 3,20 12,the Council approved a Memorandum of
Understanding (M OU)for thi s work and a uthorized the Public Wo rks Director o r des ignee to sign the
MOU. The CHSRA has agreed to compensate the City for costs related to developing the ag reement up
to $295 ,000.
In order fo r the interests of the comm unity to be adequate ly addressed ,such as streets ,traffic signals,
water and sewer systems,it is critical for City staff to be engaged in the review of the proposed designs
and modifications, particularly in locations where grade separations will be constructed to carry traffic
under or over the High-Speed Rail/Union Pacific Railroad corridor.It should be noted that the design
a nd engineering work provided for through this agreement can also be used to support futu re grade
separation projects as outlined in Regiona l Measure C/Rai l Consolidation Program.
Th erefore, staff recommends that Council adopt a resolution amending the Annu al A ppropriations
Reso lution (AA R) to appropriate the CHSRA fu nding needed to perform t his crit ical design a nd
engineer ing w ork.
BACKGROUND
The CHSRA is proposing to begin construct ion in Fresno within the next year and on May 3, 2012,
ce rtified the Final Environmental Impact Report for the Merced to Fresno segment. The alignment as
depicte d in the project's Environmental Impact Report is generally o n t he west side of the Union Pacific
Railroad (UP RR)tr acks fr om north of Herndon Avenue through downtown and south to Jensen Avenue,
Report to the City Council
Resolution Adopting sr"Amendment to AAR Memorandum of Understandingwith California High-Speed Rail Authority
May 17, 2012
Page 2
then curving toward an alignment on the west side of the Burlington Northern Santa Fe (BNSF) tracks
from the Highway 99 crossing to the southerly sphere of influence boundary at American Avenue. In
order to construct the HSR corridor on the proposed track alignment, numerous City facilities will have to
be relocated or modified. These facilities include the protection, modification or relocation of numerous
sewer and water pipelines, the relocation of Golden State Boulevard between the Herndon Avenue/SR-
99 interchange and Ashlan Avenue, extensive modification of streets such as Parkway Drive west of
SR-99 as a result of shifting SR-99 to the west, street closures, grade separations (such as Shaw
Avenue, McKinley Avenue, Olive Avenue, Belmont Avenue, Fresno Street underpass extension, Tulare
Street, Ventura Street, Church Avenue, Central Avenue) and associated work such as signing, striping,
traffic signal modifications, street lighting, drainage facilities, curbs, gutters and sidewalks. Much of this
work would also be applicable if and when a decision was made to begin grade separating a number of
these corridors pursuant to the Measure C Rail Consolidation Program.
Staff has been contacted by Parsons Brinckerhoff, the engineering consultants for the CHSRA in order
to develop a Master Cooperative Agreement that will assign design, construction, and maintenance
responsibilities for the project. An interagency cooperative agreement would typically be required for a
project of this magnitude. For example, each of the previous freeway extension projects has involved a
cooperative agreement between Caltrans and the City of Fresno. High-speed rail will need to follow a
similar process and as such the proposed MOU will provide the City with the necessary funding to
partner with the CHSRA in the development of a cooperative agreement.
The Public Works Department and the Department of Public Utilities have estimated the cost to perform
the needed tasks identified in the attached Scope of Work at $295,000, as described in the MOU which
was approved by the Council on May 3, 2012. This estimate of cost was transmitted to Parsons
Brinckerhoff by letter, a copy of which is attached. The MOU will obligate the CHSRA to reimburse the
City, up to $295,000, for costs incurred in performing the items listed in the Scope of Work. Upon
successful negotiation of a detailed Master Cooperative Agreement, staff will return to Council for
approval of the proposed agreement.
FISCAL IMPACT
No General Fund dollars will be required for the proposed work. The City's costs for services provided
under the proposed MOU will be paid for by CHSRA project funding. Council approval will allow the City
to receive CHSRA funding for this very critical engineering work and result in a significant savings of City
dollars.
Attachments:
1. ProjectArea Map
2.67'"Amendment to the Annual Appropriations Resolution
3. MOU with California High-Speed Rail Authority
4. City Letter to Parsons Brinckerhoff
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