HomeMy WebLinkAboutState of CA Calif High Speed Rail Authority Urban Design and Architectural ReviewSTA T ~OF CALIFORNIA
STANDARD AGREEMEN T
STD 21 3 (Rev 06/0 3)
CITY OF FRESNO
Cily Clerk's Office (Original)
AGR EEMENT NUMBER
HSRII-48
REGISTRA TION NUMBER
1.This Agreement is ent ered i nto between the State Agency and the Cont ractor named below :
STATE AGENCYS NAME
Cal i fo rni a H i gh-Speed-Rail Au thority
CONTRACTOR'S NAME
C i ty of Fresno
2.Th e term of t his
Ag reement is :
M ay 13,201 2 through June 3 0,2013
or uponDGS approval,whichever is later
3.The maxim um amou nt $150,000 .00
o f this Ag reement is:Oner Hundred Fifty Thousand Dollars
4 .Th e part ies agree to comply with the terms and conditions of the following exhibits which are by th is ref erence made a
part of the Ag reem ent.
Exhibit A - Scope of Wor k 2 paqets )
Exhibit B -Budget Detail and Payment Provisions 3 pag els)
1 page(s)
1 paqets)
Exhibit C - -Gene ral Terms a nd Condition s
Check ma rk one item below as Ex hibit D:
~Exhibit -D Specia l T erms a nd Condi tions (Attached here to as pa rt of this agree ment)
[Q]Exhibit -D-Specia l T erms and Co nditions
Ex hibit E -Addi tional Prov isions
A ttac hment 1 - Cos t Proposal
A ttachme nt 2 - T imeline
4 page (s)
10 page(s)
2 page(s)
Items s hown with an As terisk (-j,are hereby in corporated by refer ence and made p att of th is agree ment as if a ttached hereto.
These d ocuments ca n be viewe d at www .ots.dgs .ca .gov/S tandard+Language
IN WITNESS WHER EOF,t his Agreement has been executed by the parties hereto .
CONTRACTOR California Department of General
Serv ices Use Only
CO NTRACTOR 'S NAME (if other than an individual,state whether a corporation,partnership,etc.)
C i ty o f Fresno
o Exempt per:
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PRINT 0 NAME AND TITLE OF PE ON SIGNING
Scott Moz ier ,P.E.,C ity Engi neer/A ssistant Director
STATE OF CALIFORNIA
BY (Authorized Signa )
AG ENCY NAME
Ca lif orni a Hi gh-Sp eed-Rail Authority
ADDR ESS
C ity o f Fresno ,Public W orks D epartment
2 600 Fr esno Street,4'h Fl oor ,Fresno, C A 93 72 1-3623
T homas Fellenz,Acting C h ief Ex ecutive O ffi cer
A DDRESS
770 L Street,Suite 800, Sacramento ,C A 958 14
City of Fresno
HSRll-48
Page I of 2
EXHIBlT A
SCOPE OF WORK AND DELIVERABLES
1.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)wiJl 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 wiJl commence on the start date May 13, 2012 as presented herein or
upon approval by the Department of General Services,whichever is later and no work
shall begin before that time.This Agreement is of no effect unless executed by the
AUTHORlTY.The Contractor shall not receive payment for work performed prior to
approval of the Agreement and before receipt of notice to proceed by the AUTHORlTY'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,Public 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"1 Floor
Sacramento,CA 95814 Fresno, CA 93721-3623
Phone:(916)384-0564 Phone: (559)621-88 Jl
Fax:(9I6)322-0827 Fax: (559)488-1045
e-mail:spourvahidi cshsr.ca.gov e-mail:seott.mozier@fresno.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.
City of Fresno
HSRI ]-48
Page 2 of 2
EXHIBIT A
SCOPE OF WORK AND DELIVERABLES
n.SCOPE OF WORK
I.Brief ZOF review of City planning documents such as the Downtown Neighborhoods
Community Plan and Fulton Corridor Specific Plan.
2.Organize a presentation of best practices/precedents of desirable urban design treatments
for all the various components of the alignment - cut walls, fill walls,bridge abutments,
overhead structures,OSC poles,barriers,railings,fencing,lighting,gateway elements,
viewpoints,etc.
3.Meetings to get abbreviated introduction to all relevant aspects of the project and its
potential improvements through the City limits.
•Discuss prototypical aerial and at grade segments and their horizontal and vertical
parameters.
• How the project will impact distract plan aspirations is particularly important to
know and gives us some leverage in making requests of the project.
•Review the combined HSR/freight/street infrastructure might accommodate other
modes as well and how all the new grade separated crossings might actnally improve
connectivity between neighborhoods east and west of the corridor.
•Understand how current or planned open space,trails,bike trails might interact
with or be a part of the corridor.
4. Filed review/tour of the corridor with City and the AUTHORITY staff.
5.Review findings from I,2 and 3 and debrief.
6.Produce a white paper report that inclndes images collected from efforts J,2, 3, 4 and 5
organized to identify all the opportnnities and constraints of the project within the Fresno
limits,recommended corridor treatments in simple sketch form organized by segment
type or components type.
City of Fresno
HSR11-48
Page I of 3
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
A.FUNDING REQUIREMENTS
I. It is mutually agreed that if the Budget Act of the current year and/or any suhsequent
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
I. 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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EXHlBITB
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 B, 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 suchterminationfrom the Authority,
CONTRACTOR shall terminate the Study as demanded.In such case, the Authority
shall reimburse CONTRACTOR only for the costs actually incurred for 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 I, Part 3I 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 I, 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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EXHlBITB
BUDGET DETAIL AND PAYMENT PROVISIONS
D.CONTINGENT FEE
The Contractor warrants, by execution 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 contingent 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 sio
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 §101l5 et seq., CCR Title 2, Section l896).
5.INDEMNIFICATION:Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors,subcontractors,suppliers, laborers, and any other person,finn 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,
finn 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 he relieved of
any payments 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 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 Contractor under this Agreement and tile balance,if any, shall be paid to
the Contractor upon demand.
City of Fresno
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EXHIBITC
GENERAL TERMS AND CONDITIONS
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
perjury, the minimum,if not 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 (e.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.
II.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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EXHlBlTC
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
become 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 for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT:For any Agreement in excess of $1 00,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a.The contractor recognizes the importance of child 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 HIRING 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 §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
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:(I)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 defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
City of Fresno
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EXHIBITD
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 from 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
1. 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 (10) 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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EXHIBITD
SPECIAL TERMS AND CONDlTIONS
(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 THIS AGREEMENT OR SUSPENSION OF THIS
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.
E.CONTRACTOR'S DELlVERABLES UNDER EARLY TERMINATION
The Contractor shall provide all project-related documents and correspondence required
as part of the Scope of Work/Deliverables.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.
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EXHIBITD
SPECIAL TERMS AND CONDITIONS
F.INVOICE SUBMITTAL UNDER EARLY 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.
H.COST PRINCIPLES UNDER EARLY TERMINATION
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.
1.DISPUTES UNDER EARLY TERMINATION CONDITIONS
Disputes under early termination conditions shall be resolved in accordance with this
Exhibit.
J.AUDIT REVIEW PROCEDURES UNDER EARLY TERMINATION
Audit Review procedures shall be in accordance with Exhibit D, Audit Review
Procedures,section XIV below.
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EXHIBITD
SPECIAL TERMS AND CONDITIONS
K.CONTRACTOR CLAIMS AGAINST THIS AGREEMENT UNDER EARLY
TERMINAnON
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
Housing Act (Government Code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations,Title 2,
Section 7285.0 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. 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
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EXHlBITD
SPECIAL TERMS AND CONDlTIONS
Agreement.AH parties shall make such materials available at their respective
offices at all reasonable times during the Agreement period and for three (3) 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.AUDlT 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
HSRII-48
Page 6 of 10
EXHJBITD
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
1. 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 591 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 Code.
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
HSRll-48
Page 7 of 10
EXHlBITD
SPECIAL TERMS AND CONDITIONS
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 conneeted 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 eontain all of the provisions of this clause.
T.CONFIDENTIALITY OF DATA
I. 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 Contraetor
to further disclose such information or disseminate the same on any other
occasion.
City of Fresno
HSRll-48
Page 8 of 10
EXHIBITD
SPECIAL TERMS AND CONDITIONS
3. The Contractor shall not comment publicly to tbe 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 ]2990 and Title 2,California Code of Regulations, Section 8103.
V.DEBARMENT AND SUSPENSION CERTIFICATION
1. The Contractor's signature affixed herein shall constitute a certification under
penalty of perjury 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
HSRll-48
Page 9 of 10
EXHIBITD
SPECIAL TERMS AND CONDITIONS
2. Any exceptions to this eertification 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 ageney, and the dates of
agency action.
W.CONFLICT OF INTEREST
1. 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 outeome of this Agreement or any ensuing AUTHORITY construction
projeet. The Contraetor 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 eonflict 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 Confliet of Interest Code.
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.
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
A UTHORITY shall have the right, in its discretion, to terminate this Agreement without
liability, to pay only for the value of the work aetually performed, or to deduct from this
Agreement priee or otherwise recover the full 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
HSRIl-48
Page ]0 of 10
EXHJBlTD
SPEC]AL 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 influence 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 eonneetion 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,eontinuation,
renewal, amendment, or modification of any State agreement, grant, loan, or
eooperative agreement.
2. This eertifieation is a material representation of fact upon whieh relianee was
placed when this transaetion was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaetion imposed
by Seetion 1352, Title 3],U.S. Code. Any person who fails to file the required
certifieation shall be subject to a eivil 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 doeument that he or she shall require
that the language of this eertifieation be included in all lower tier sub agreements,
whieh exeeed $100,000.00,and that all such sub recipients shall certify and
disclose aeeordingly.
City of Fresno
HSRll-48
Page 1 of 2
EXHlBITE
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
public 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 of Title 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 tunds; (4) an abuse of authority related to
implementation or use of ARRA funds; or (5) a violation of law, rule, or requlation 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.
City of Fresno
HSRll-48
Page 2 of2
EXHIBITE
ADDITIONAL PROVISIONS
8.FALSE CLAIMS ACT: Contractor agrees that it shall promptly notify the State and shall refer to an appropriate
federal inspector general any credible evidence that a principal, employee, agent,subcontractor or other
person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of
laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving ARRA funds.
9.REPORTING REQUIREMENTS:Pursuant to Section 1512of the ARRA, in order for state agencies receiving
ARRA funds to preparethe requiredreports, Contractoragreesto providethe awardingstate agency withthe
following informationon a monthly(quarterly) basis:
a. The total amount of ARRA funds received by Contractor during the Reporting Period;
b. The amount of ARRA funds that were expended or obligated during the Reporting Period;
c. A detailed list of all projects or activities for which ARRA funds were expending or obligated, including:
(i.) The name of the project or activity;
(ii.) A description of the project or activity;
(iii.) An evaluation of the completion status of the project or activity;and
(iv.) An estimate of the number of jobs created and lor retained by the project or activity;
d. For any contracts equal to or greater than $25,000:
(i.) The name of the entity receiving the contract;
(ii.)The amount of the contract;
(iii.)The transaction type;
(iv.)The NorthAmerican Industry Classification System (NAICS)code or Catalogof Federal
Domestic Assistance(CFDA) number;
(v.)The Program source;
(vi.)An award title descriptive of the purpose of each funding action;
(vii.)The location of the entity receiving the contract;
(viii.) The primary location of the contract,including the city, state,congressional district and country;
(ix.)The DUNS number, or name and zip code for the entity headquarters;
(x.) A unique identifierof the entity receiving the contract and the parent entityof Contractor,
should the entitybe owned by another; and
(xi.) The names and total compensation of the five most highly compensated 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 gross revenuefrom Federal awards and; 3) if the public does not have access to information
about the compensation of senior executives through periodic reports Wed under section 13(a) or
15(d) of the SecuritiesExchange Act of 1934 or section 6104 of Internal 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 certification of an authorized officer of Contractor that the information
contained in the report is accurate.
Any other information reasonably requested by the State of California or required by state or federal
law or regulation.
Standarddata elements and federalinstructionsfor use in complyingwith reporting requirementsunder Section 1512
of the ARRA, are pending reviewby the federal government, and werepublished in the Federal Register on April 1,
2009 [74 FR 148241,and are to be provided online at ,~ww.FederaIRep.9l!i!Jg,g~The additional requirements will
be added to this contract(s).
ATTACHMENT 1
BUDGET/COSTS
Any invoice submitted by contractor will identify line item costs and corresponding task number
City of Fresno
HSR11-48
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 expenses expense and must be provided.
name/position title and hours.citing actual realted to the
per diem. Rates
benefits or as a services are set at the
percentage of provided rate specified by
personal service including rent DPA.
costs.and supplies.
Name/Position $/Hr Hrs Total s
HSR Urban Design
I Documents Review $5,420.00 $5,420.00
II Present Best Practice $3,970.00 $3,970.00
Scott Mozier $55.42 6 $
332.52 s 87.12 $482.15 $901.79
III Project Briefing $740.00 $740.00
Scott Mozier $55.42 12 $665.04 $174.24 $964.31 $1,803.59
IV Alignment Tour $740.00 $740.00
Scott Mozier $55.42 2 $
110.84 $29.04 $160.72 $271.56
V DB Interview $1,480.00 $1,480.00
VI White Paper s 22,510.00 $22,510.00
Travel $1,800.00 $1,800.00
Contingency $13,000.00 $13,000.00
Post Award Review $95,000.00 $95,000.00
Meetings &Pro]. Mgt $2,364.00 $2,364.00
TOTAL $150,000.94
ATIACHMENT 2 -TIMELINE
Project Timeline
The City of Fresno HSR11-48
MI JAISI0 I NJIFI M
ota
Cost
2,000
3,340
150,000
144,660
Fund Source
Tasks
TOTALS
Project Meetings ICily of Fresno
Architectural Consultant ICity of Fresno
City Staff Effort [Ctty of Fresno
CCC·307
CERTIFICATION
I, the official named below,CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s)listed below. This
certification is made under the laws of the State of California.
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CONTRACTOR CERTIFICATION CLAUSES
I.STATEMENT OF COMPLIANCE:Contractor has,unless exempted, complied with
the nondiscrimination program requirements.(Gov.Code §12990 (a-f)and CCR, Title 2,
Section 8103) (Not applicable to public entities.)
2.DRUG-FREE WORKPLACE REQUIREMENTS:Contractor 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. Publish a statement notifying employees that unlawful manufacture,distribution,
dispensation,possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling,rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive 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.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred:the Contractor has made false certification,or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3.NATIONAL LABOR RELATIONS BOARD CERTIFICATION:Contractor certifies
that no more than one (l)final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §I0296) (Not applicable to public entities.)
4.CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT:Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code,effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of fnture
contracts with the State for legal services.
5.EXPATRIATE CORPORATIONS:Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEA TFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel,garments or
corresponding accessories,or the procurement of equipment,materials,or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories,equipment,materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor,indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor,indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov.and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees,or premises if reasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
or the Department of Justice 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.CONFLlCT 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 §10410):
1). 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.
Fonner 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 for 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 of a 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 be:(l)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 of federal 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 othcr governmental entity,
AGENDA ITEM NO.IO:30am E
COUNCIL MEETING 06/14/12
APPROVEDBY
June 14,2012
FROM:
BY:
SUBJECT:
CITYMANAG
PATRICK N.WIEMILLER,Director
Public Works Department
SCOTT L. MOZIER, PE, City Engineer/Assistant Director eor.:
Public Works Department, Traffic and Engineering Services Division /<?A
1.APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
CALIFORNIA HIGH-SPEED RAIL AUTHORITY (CHSRA) TO PROVIDE
CHSRA FUNDING TO THE CITY OF FRESNO FOR URBAN DESIGN
AND ARCHITECTURAL REVIEW SERVICES
2. RESOLUTION -ADOPTING THE 80
TH AMENDMENT TO THE ANNUAL
APPROPRIATIONS RESOLUTION NO. 2011-133 APPROPRIATING
$150,000 IN PROPOSITION 1A FUNDS FOR URBAN DESIGN AND
ARCHITECTURAL REVIEW SERVICES REVIEW FOR THE HIGH-
SPEED RAIL (HSR) PROJECT UNDER THE MEMORANDUM OF
UNDERSTANDING
RECOMMENDATIONS
Staff recommends that the Council take the following actions:
1.Approve a Memorandum of Understanding with the California High-Speed Rail Authority (CHSRA) to
provide CHSRA funding to the City of Fresno for Urban Design and Architectural Review Services
and authorize the Public Works Director or his designee to execute the amendment on behalf of the
City of Fresno.
2.Adopt a resolution adopting the 80th Amendment to the Annual Appropriations Resolution No.2011-
133 appropriating $150,000 in CHSRA funds for urban design and architectural review services for
the High-Speed Rail (HSR}project under the Memorandum of Understanding.
EXECUTIVE SUMMARY
The CHSRA project to construct the first phase of a high-speed rail corridor has been advancing quickly
toward construction.In May 2012, the CHSRA Board certified the environmental impact report (EIR}for
the Fresno to Merced segment and are now beginning appraisals for the right-of-way acquisition. The
design-build construction contracts are also out to bid to the five prequalified design-build teams, with
the contracts scheduled to be awarded by the CHSRA Board this fall. The project includes the
construction of a significant level of new infrastructure within the City of Fresno, including work on ten
new street-rail grade separations, the extension of the Frasno Street underpass and elevated high-
speed rail viaduct from just south of Herndon Avenue to the San Joaquin River and from south of
Jensen Avenue to just north of Central Avenue. One major component of the high-speed rail project
that will make a lasting impression in the Fresno community will be the aesthetics,architectural design,
styles and features of the new infrastructure to be constructed, such as bridges, walls, sidewalks,
Report to the City Council
Resolution Adopling 80'"Amendment to MR,Approval of MOU with California High-Speed Rail AUlhonty
June 14,2012
Page 2
railings, fencing, lighting and landscaping.Given the importance of this task and the City's own financial
limitations,Mayor Swearengin fonnally requested CHSRA funding for this work on April 13, 2012. On
May 3, 2012, CHSRA presented an agenda item to their Board expressing the intent of the CHSRA to
reimburse the City for up to $150,000 to retain a consultant for urban design, visual and architectural
review of the proposed high-speed rail project. The selected consultant will review City of Fresno
planning documents such as the draft 2035 General Plan Alternative A and Fulton Corridor Specific
Plan, Downtown Neighborhood Community Plan;review the CHSRA preliminary concept design plans
included in the CHSRA's ErR and Request for Proposal documents and assist City staff to deveiop a
white paper on recommended treatments for elements such as bridges, walls, sidewalks, railings,
fencing, lighting and landscaping. The recommended Council action will appropriate the $150,000 in
funding approved by the CHSRA and will also approve a Memorandum of Understanding in order to
fund these architectural design review services.
BACKGROUND
The CHSRA is proposing to begin construction in Fresno within the next year and on May 3, 2012,
certified the Final Environmental Impact Report for the Merced to Fresno segment. The alignment as
depicted in the project's Environmental Impact Report is generally on the west side of the Union Pacific
Railroad (UPRR) tracks from north of Herndon Avenue through downtown and south to Jensen Avenue,
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.
The High-Speed Rail project also includes a significant level of elevated high-speed rail structures,
beginning at the San Joaquin River crossing, then spanning over the Union Pacific Railroad tracks on a
long viaduct parallel to the Herndon Town neighborhood, crossing over Golden State Boulevard and
Herndon Avenue before returning to ground level near Bullard Avenue and the planned extension of
Veterans Boulevard. High-speed rail structures are also proposed to be elevated south of Jensen
Avenue with an elevated crossing of Golden State Boulevard, North Avenue, Cedar Avenue and
Highway 99 before returningto ground level near Central Avenue in south Fresno.
One major component of the high-speed rail project that will make a lasting impression in the Fresno
community will be the aesthetics, architectural design, styles and features of the new infrastructure to be
constructed, such as bridges, walls, sidewalks, railings, fencing,lighting and landscaping,Given the
importance of this task and the City's own financial limitations, Mayor Swearengin formally requested
CHSRA funding for this work on April 13, 2012. On May 3, 2012, CHSRA presented an agenda item to
their Board expressing the intent of the CHSRA to reimburse the City for up to $150,000 to retain a
consultant for urban design, visual and architectural review of the proposed high-speed rail project. The
selected consultant will review City of Fresno planning documents such as the draft 2035 General Plan
Alternative A and Fulton Corridor Specific Plan, Downtown Neighborhood Community Plan; review the
CHSRA preliminary concept design plans included in the CHSRA's EIR and Request for Proposal
documents and assist City staff to develop a white paper on recommended treatments for elements
Report to the City Council
ResolutionAdopting 80"Amendment to MR,Approval of MOU with CaliforniaHigh-SpeedRail Authority
June 14,2012
Page 3
such as bridges, walls, sidewalks, railings, fencing, lighting and landscaping. Key aspects of the white
paper are expected to be incorporated into the design-build RFP by an upcoming addendum to the bid
process.
The proposed MOU has been approved as to form by the City Attomey's Office.
FiSCAL IMPACT
No General Fund dollars will be required for the proposed work. The City's costs for services provided
under the proposed first amendment to the MOU will be paid for by CHSRA project funding. Council
approval will allow the City to receive CHSRA funding for the urban design and architectural review of
infrastructure to be constructed with the high-speed rail project. Approval of the recommended action will
also result in a significant savings of City dollars.
Atlachments:
1. ProjectArea Map
2. CHSRAMay 3'·Agenda Item
3. ProposedMOU
4.BOlli Amendmentto the Annuat Appropriations Resolution
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RESOLUTION NO. _
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 80
th AMENDMENT TO THE ANNUAL APPROPRIATION
RESOLUTION NO.2011·133 APPROPRIATING $150,000 IN
PROPOSITION 1A FUNDS FOR INFRASTRUCTURE DESIGN FOR THE
HIGH SPEED RAIL (HSR)PROJECT UNDER THE MASTER
COOPERATIVE AGREEMENT
BEIT RESOLVED BY THE COUNCIL OFTHE CITY OF FRESNO:
THATPART 111 of the Annual Appropriation Resolution No.2011-133 be andis hereby amended
as follows:
IncreaseliDecrease)
TO:PUBLIC WORKS DEPARTMENT
High Speed Rail Projects $150,000
THAT account titles and numbers requiring adjustment bythis Resolution areas follows:
High Speed Rail Projects
Revenues:
Account:33529 Proposition 1A Revenue
Fund:26001
Org Unit:189901
Total Revenues
Appropriations:
Account:53302 Prof Svcs/Consulting •Outside
Fund:26001
Org Unit:189901
Project:PW00663
Total Appropriations
$150,000
$150,000
$150,000
THAT the purpose is to appropriate $150,000 in Prop 1A funds for infrastructure design for the
High Speed Rail (HSR)project underthe Master Cooperative Agreement
-1-
K;\VSERSIJ.)OCS\RG.SOSIFY 12 AAR\12BOth Prop1A HSR.SRM,docx
AGENDA ITEM NO.10:30arn E
COUNCIL MEETING 0 6/14/12
APPROVED BY
June 14,2012
FROM:
BY:
SUBJECT:
PATRICK N.WI EMILLER,Director
Public Works Department
SCOTT L.MOZIER,PE ,City Engineer/Assistant Director .M'f1\......
Public Works Department ,Traffic and Engineering Services Division ./t:?'A
1. AP PROVE A MEMORANDUM OF UNDERSTANDING WITH TH E
CALIFORNIA H IGH-SPEED RAIL AUT HORITY (CHSRA) TO PROVIDE
CHSRA FUNDING TO THE CITY OF FRESNO FOR URBAN DESIGN
AND ARCHITECTURAL REVIEW SERVICES
2. RESOLUTION - A DOPTING T HE 80TH AM ENDMENT TO T HE ANNUAL
AP PROPRIATIONS RESOLUTION NO.2011-133 APPROPRIATING
$150,000 IN PROPOS ITION 1A FUNDS FOR URBAN DESIGN AND
A RCHITECTURAL REVIEW SERVICES REVIEW FOR THE HIGH-
S PEED RAIL (HSR) PROJECT UNDER T HE MEMORANDUM O F
UNDERSTANDING
RECOMMENDATIONS
Staff recommends that the Council take the fo llowing actions:
r r~"er ll"!~to Cit'}COlll'!Ci l ;
ll,t.__uJI'!I!~_
()i;;nO Sl lion __~._
'--fl°llit.~~f:ti-W.,----
1. A pprove a Memorandum of Understanding with the California High-Speed Rail Authority (CHSRA)to
provide CHSRA funding to the City of Fresno for Urban Design and Architect ural Review Services
and authorize the Public Works Director or his designee to execute the amendment on behalf of the
City of Fresno.
2. Adopt a resolution adopting the 80th Amendment to the Annual Appropriations Resolution No. 2011-
133 appropriat ing $150,000 in CHSRA fu nds for urban design and architectural review services for
the High-Speed Rail (HSR)p roject under the Memorandum of Understanding.
EXECUTIVE SUMMARY
T he CHSRA project to construct t he first phase of a high-speed rail corridor has been advancing quick ly
toward construction. In May 2012,the CHSRA Board certified the environmental impact re port (EIR) for
the Fresno to Merced segment and are now beginning appraisals for the right-of-way acquisition.The
design-build construction contracts are also out to bid to the f ive prequalified design-build teams,with
the contracts scheduled to be awarded by the CHSRA Board this fal l.The project includes the
construction of a signif icant level of new infrastructure within t he City of Fresno,including work on te n
new street-rail grade separations, t he extension of the Fresno Street underpass and elevated hig h-
speed rail viaduct from j ust south of Herndon Avenue to the San Joaquin River and from south of
Jensen Avenue to just north of Central Avenue.One major component of the high-speed rail project
that will make a lasting impression in the Fresno community will be the aesthet ics,architectural design ,
styles and featu res of the new infrastructure to be constructed,such as bridges,walls,sidewalks,
•SUBJECT TO MAYOR'S VETO
Report to the City Council
Resolution Adopting 80
'h Amendment to AAR, Approval of MOU with California High-Speed Rail Authority
June 14, 2012
Page 2
railings, fencing, lighting and landscaping. Given the importance of this task and the City's own financial
limitations, Mayor Swearengin formally requested CHSRA funding for this work on April 13, 2012. On
May 3, 2012, CHSRA presented an agenda item to their Board expressing the intent of the CHSRA to
reimburse the City for up to $150,000 to retain a consultant for urban design, visual and architectural
review of the proposed high-speed rail project. The selected consultant will review City of Fresno
planning documents such as the draft 2035 General Plan Alternative A and Fulton Corridor Specific
Plan, Downtown Neighborhood Community Plan; review the CHSRA preliminary concept design plans
included in the CHSRA's EIR and Request for Proposal documents and assist City staff to develop a
white paper on recommended treatments for elements such as bridges, walls, sidewalks, railings,
fencing, lighting and landscaping. The recommended Council action will appropriate the $150,000 in
funding approved by the CHSRA and will also approve a Memorandum of Understanding in order to
fund these architectural design review services.
BACKGROUND
The CHSRA is proposing to begin construction in Fresno within the next year and on May 3, 2012,
certified the Final Environmental Impact Report for the Merced to Fresno segment. The alignment as
depicted in the project's Environmental Impact Report is generally on the west side of the Union Pacific
Railroad (UPRR) tracks from north of Herndon Avenue through downtown and south to Jensen Avenue,
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.
The High-Speed Rail project also includes a significant level of elevated high-speed rail structures,
beginning at the San Joaquin River crossing, then spanning over the Union Pacific Railroad tracks on a
long viaduct parallel to the Herndon Town neighborhood, crossing over Golden State Boulevard and
Herndon Avenue before returning to ground level near Bullard Avenue and the planned extension of
Veterans Boulevard. High-speed rail structures are also proposed to be elevated south of Jensen
Avenue with an elevated crossing of Golden State Boulevard, North Avenue, Cedar Avenue and
Highway 99 before returning to ground level near Central Avenue in south Fresno.
One major component of the high-speed rail project that will make a lasting impression in the Fresno
community will be the aesthetics, architectural design, styles and features of the new infrastructure to be
constructed, such as bridges, walls, sidewalks, railings, fencing, lighting and landscaping. Given the
importance of this task and the City's own financial limitations, Mayor Swearengin formally requested
CHSRA funding for this work on April 13, 2012. On May 3,2012,CHSRA presented an agenda item to
their Board expressing the intent of the CHSRA to reimburse the City for up to $150,000 to retain a
consultant for urban design, visual and architectural review of the proposed high-speed rail project. The
selected consultant will review City of Fresno planning documents such as the draft 2035 General Plan
Alternative A and Fulton Corridor Specific Plan, Downtown Neighborhood Community Plan; review the
CHSRA preliminary concept design plans included in the CHSRA's EIR and Request for Proposal
documents and assist City staff to develop a white paper on recommended treatments for elements
Report to the City Council
Resolution Adopting 80'h Amendment to MR,Approval of MOU with California High-Speed Rail Authority
June 14, 2012
Page 3
such as bridges, walls, sidewalks, railings, fencing, lighting and landscaping. Key aspects of the white
paper are expected to be incorporated into the design-build RFP by an upcoming addendum to the bid
process.
The proposed MOU has been approved as to form by the City Attorney's Office.
FISCAL IMPACT
No General Fund dollars will be required for the proposed work. The City's costs for services provided
under the proposed first amendment to the MOU will be paid for by CHSRA project funding. Council
approval will allow the City to receive CHSRA funding for the urban design and architectural review of
infrastructure to be constructed with the high-speed rail project. Approval of the recommended action will
also result in a significant savings of City dollars.
Attachments:
1. Project Area Map
2. CHSRA May 3'd Agenda Item
3. Proposed MOU
4.80'h Amendment to the Annual Appropriations Resolution
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CALIFORN IA
High -Speed Rail
--\
/-----
TO:
FROM:
DATE:
RE :
Background
CALIFORNIA
HIGH-SPEED RAIL
AUTHORITY
BRIEFING:MARCH 2012 BOARDMEETING AGENDAITEM #14
Chairman Richard and Board Members
Gregg Albright.Acting Planning Director
May 2-3. 2012
Visual Guidelines for the CHSR Program
Th e Authority te am has b een engaged in th e dev elopment of visual guidetines and aesthetic treatments
for the Ca lifornia hig h speed rail program .Technical Memorand um (TM) 200 .06,on the Aesthetic
Guidelines f or Non -Station Structures,was approved in Decem ber,2011 and is a r eference document of
t he Request f or Propo sal fo r Design Build Services (R FPNo .HSR11-16).TM 200.07,addre ssing th e
Aest hetic Review Proce ss,and TM 200 .10,o utlining Bridge and Overpass Aesthetics, are currently being
r eviewed .
Meetings with th e City of Fresno to identify and addres s specific aesthetic design treatm ents were
initiated i n early 2012 .Those m eetings hav e focused on the City's concerns related to: 1.) the d esign of
major structures,2.) suggestions for wall and barrier treatments,and 3.)re commend ations for
l andscaping and exterior treatments.Due to the accelerated ARRA f unding schedule required for t he
r e lease of RFP No. 11-16,instructions re lated to t he City's specific aesth etic co ncern s w ill be hand led
t hrough an addendum process.
Modified Process to Address Visual Guide lines
The first RFP add en dum,cur r ently being r eviewed by FRA,contains language on the f ir st aesthet ic
d esign treatment grouping noted abov e:major structures. Specifica lly th e San Joaquin River Bridge/UP
structural spans,and ov erpasses at South Cedar Avenu e,Gold en Stat e Boul evard and SR -9 9 spans are
id entified .
As part of the RFPTechnical Propo sal evalu ation proc ess,th e Design Build proposers will submit two
aest hetic and str uctural design solutions f or t he structures noted above .An ind epend en t Aesthetic
Design Review Panel (ADRP)of design exp erts w ill review t hese aest hetic and structural design
so lut ions. A City represe ntative will be in volv ed in this r evi ew process and wi ll also be pre sent at
specific meetings w ith t he propos ers on thi s topic.
Recomm endations f or th e oth er aesthetic design treatment areas are currently b eing w orked out w ith
t he City's staff to ensure d irection is pro v ided to proposer s on t he w all/barrier treatm ent s and
landscaping /ext erior treatments.Subsequent addendum s to the RFP will be used to address the se
aest het ic issues.
Page 1 of 2
I'
City of Fresno Request for Design Assistance
On April 13, 2012 t he City of Fresno sent a letter to Chairman Richard requesting t he Au thority's support
for the services of an ind ependent, professional d esign consultant who coul d assist t he City in th e
r eview and com ment process r elated to no n-station high speed ra il in frast ructure f or Fresno .Th is
re quest i s similar to th e on e m ade by t he City o f Sa n Jose in 2010. As a r esult o f th at earlier r equest,th e
PMT worked wi th th e City o f San Jose to p roduce a Visual Design Guid elines doc ument (J anuary 2012).
Th e City of Fresno's request for assistance is appropriate given t he RFPschedule demands and th e level
of effort req uired .The Authority tea m i s currently negoti ating t he amount of t his assistance an d t he
City has agreed to a set a li mit on the amo unt of fund ing specif ically allocate d for a design con su ltant's
assistance.The City has also agreed to advance the work to mainta in t he RFP schedule.
Fut ure Applicatio ns of Aesthetic Visua l Design Applications
As noted earlier,t he schedule req uirements of t he ARRA f unding necessitated an accelerated v isual
guidel ine p rocess f or t he first const ruction segment .Staff ve ry much appreciat es the City of Fresno's
coope ratio n in t he advancement of th is schedule and th eir wo rk to f acilitate t he addendum p rocess in a
t imely m anner.How ever,in t he future as vi sual and aest hetic guidelines are applied t o o ther areas of
t he proj ect,it is anticipated th at a consistent and uniform p rocess to addr ess lo cal ju risdiction's
co ntextual aest hetic d esign i ssuesw ill be used and wi ll have been informed by th e process d eveloped
w ith t he City o f Fresno .
Future presentat ions to the Board on t he reco mmended process fo r addressing visual gu idelines and
local jurisd iction concerns will be scheduled .Policy devel opment f or re lated topics such as CHSR
structure and land scape maintenance will also be brought forth for Board consider ation.
Attachments:
• Tech nical M emorandum 200.06
http://cahighspeedrail.ca.gov/WorkArea/DownloadAsset.aspx?id=12073
• California High-Speed Tr ain Infrastru cture Visual Design Guid elines:Sa nJose
http://www.cahighspeedra il .ca.gov/assets/0/1 S2/2S6/2 66/2763 7ac4-e60c-48f7-909a-
3c24S6db68a8.pdf
Page2 o f2