HomeMy WebLinkAboutCSDA Design Group - FYI Airport FAR Part 150 Noise Compatiability Program, AIP 3-06-0091 Agreement - Consultant''; ') --··,· ! -) -.-.... -.,,,. ·-.---
DocuSign En1;eiope ID 72786 3 8 3-9F32-486A-88F5-980850 E20 493
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
This Agreement is made and entered into , effective 7 '/3-J;l
by and between the CITY OF FRESNO, a California municipal corporation (City), and
CSOA DESIGN GROUP, a California Corporation (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional consultant services for Fresno
Yose mite Interna tiona l Airport FAR Part 150 Noise Compatiability Program, AIP 3-06-
0091 (Project); an d
WHERE A S, the Cons ultant is engaged in the busi ne ss of fu rnishing services as a
A rchitectural and Acoustica l Eng ineering F ir m and here by repres ents that it desires to
and is pro f ess io na ll y and legall y capable of perform ing th e serv ices called for by this
Agreement ; and
WHEREAS. this Agreement sets forth the terms and conditions under whi ch the
Consultant shall provide professional se rvic es, to be paid with Ai rport fund s and
reimbursed with pledged Federal Aviation Ad ministration Entitlement Funds as th ey are
made available; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19 ;
and
WHEREAS, this Agreement will be administered for City by its Director of Aviation
(Director) or designee.
AGREEMENT
NOW, THEREFORE , in considerati on of the foregoing and of the covenants ,
conditions, and promises hereinafter con tain ed to be kept and performed by the
respective parties, it is mutually agreed as fo llo w s:
1. Scope of Service s . T he Consultant shall perfo rm to the satisfactio n of t he City the
services described in Exhibit A , includ ing all wo rk incid ental to, or ne cessary to
perform , such s erv ices even though not sp ecifical ly described in Exhibit A.
2 . Term of Agree me nt and Time for Performance. This Agreement shall be effective
from the date first set fo rt h above and shall continue in full force and effect through
the earlier of complete ren di tion of the services hereunder or July 1, 2025, subject
to any earlier termination in accordance with this Agreement. The services of the
Consultant as described in Exhibit A are to commence upon the City's issuance
of a written "Notice to Proceed." Work shall be undertaken and completed in a
sequence assuring expeditious completion, but in any event, all such services shall
be completed within 1,000 consecutive calendar days from such authorization to
proceed.
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3. Compensation.
(a ) The Consultant's sole compensation for satisfactory perfonnance of all
services requ ired or rende re d pursuan t to this Agreement shall be a total
fee of Nine Hu n dred Fifty Eight Thousand , Seven Hundred Seventy One
Dollars and Fifty Five Cents ($958 ,7 71 .55). Such fee i nc ludes all expenses
incurre d by the Consultant in performance of the se rvic es .
(b) Detailed statements shall be rendered monthly and will be payable in the
normal course of City business.
(c) The parties may modify th is Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modificat io n shall include an adj ustment to the
Consultant's compensation . Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remed ies , and Force Majeure.
(a) This Agreement shall terminate without any liabil ity of the C ity to the
Consultant upon the earlier of: (i) the Consulta n t's fil ing for protection under
the federal bankruptcy laws , or any bankruptcy petition or petition for
receiver commenced by a third party against the Consultant; (ii) seve n
calendar days prior written notice with or without cause by the City to the
Consultant; (iii) the City's no n-appropriation of funds sufficient to meet its
obligations hereunder during a ny City fi scal yea r of this Agreement, or
insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any te r mination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immed iately
cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all unearned payments and all properties and materials in the
possession of the Consultant that are owned by the City. Subject to the
terms of this Agreement, the Consultant shall be paid compensation for
services satisfactori ly performed prior to the effective date of termination.
The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily
perform in accordance with the terms of this Agreement , the City may
with h old an amount that would otherwise be payable as an offset to, but not
in excess of, the City's damages caused by such failure. In no event shall
any payment by the City pursuant to th is Agreement constitute a waiver by
the City of any breach of this Agreement which may then exist on the part
of the Consultant, nor shall such payment impair or prejudice any remedy
available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may
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(i) exercise any right , remedy (in contract, law or equity), m privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Director's request, in the event the Consultant
fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions , strikes , unusually severe weather, and delays of common
carriers. The Consultant shall notify Director in writing as soon as it is
reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith , and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Director of the cessation of such occurrence.
5 . Confidential Information, Ownership of Documents. and Copyright License .
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the City . During the term of this Agreement , and thereafter, the
Consultant shall not, without the prior written consent of the City, disclose
to anyone any Confidential Information. The term Confidential Information
for the purposes of this Agreement shall include all proprietary and
confidential information of the City, including but not limited to business
plans, marketing plans, financial information, designs, drawings,
specifications, materials, compilations , documents, instruments, models ,
source or object codes and other information disclosed or submitted, orally,
in writing, or by any other medium or media. All Confidential Information
shall be and remain confidential and proprietary in the City .
(b) Any and all original sketches , pencil tracings of working drawings, plans,
computations, specifications, computer disk files, writings and other
documents prepared or provided by the Consultant pursuant to this
Agreement are the property of the City at the time of preparation and shall
be turned over to the City upon expiration or termination of the Agreement
or default by the Consultant. The Consultant grants the City a copyright
license to use such drawings and writings. The Consultant shall not permit
the reproduction or use thereof by any other person except as otherwise
expressly provided herein. The City may modify the design including any
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drawings or writings. Any use by the City of the aforesaid sketches,
tracings, plans , computations, specifications , computer disk files, writings
and other documents in completed form as to other projects or extensions
of this Project, or in uncompleted form, without specific written verification
by the Consultant will be at the City's sole risk and without liability or legal
exposure to the Consultant. The Consultant may keep a copy of all
drawings and specifications for its sole and exclusive use.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Profess ional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement , the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors . Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7 . Indemnification. To the furthest extent allowed by law , the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8 . Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
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Best's Insurance Rating Guide , or (ii) as may be authorized in writing by the
City's Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to the City, its officers, officials, employees,
agents and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. the Consultant and any subcontractor/sub-consultant
shall establish additional insured status for the City, its officers, officials,
employees, agents, and volunteers by using Insurance Service Office (ISO)
Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by
an executed manuscript company endorsement providing additional
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insured status as broad as that contained in ISO Form CG 20 10 11 85 _
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C . During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.), the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to
Compete). At any time, upon written request of the City, the Consultant
shall provide. a written opinion of its legal counsel and that of any
subcontractor that , after a due diligent inquiry, the Consultant and the
respective subcontractor(s) are in full compliance with all laws and
regulations. The Consultant shall take, and require its subcontractors to
take, reasonable steps to avoid any appearance of a conflict of interest.
Upon discovery of any facts giving rise to the appearance of a conflict of
interest, the Consultant shall immediately notify the City of these facts in
writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any the City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project. the Consultant and any of its
subcontractors shall have no interest, direct or indirect, in any other contract
with a third party in connection with this Project unless such interest is in
accordance with all applicable law and fully disclosed to and approved by
the City Manager, in advance and in writing.
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(f) If th e Consultant should sub contra ct a ll or any p o rtio n of the work t o be
performed or servi ces to be provided under this Agreement , the Consultant
shall in c lude the provisions of this Secti o n 9 in each subc o ntrac t and require
its subco ntractors t o compl y there w ith.
(g ) Thi s Secti on 9 shall su rv iv e ex piration or t e rminatio n of this Agreement.
10. Recycling Program . In the event the Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall :
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City's Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(b ) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit , and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City 's Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof .
11. General Terms and Federal Assurances .
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Director or designee .
(b ) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim , negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph . This Section 11 (b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
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Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
(d) The City will carry out applicable federal requirements in the administration
of this Agreement. Notwithstanding Section 25 herein, the Consultant
agrees to comply with all applicable federal assurances identified in Exhibit
D and require that each subcontract include the same assurances by each
of its subcontractors.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) the Consultant will comply with all applicable laws and regulations providing
that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed , color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex , age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed , color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading , demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) the Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
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regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement; the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting
solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents or employees shall be deemed an officer, agent, employee,
joint venturer, partner or associate of the City for any purpose. The City
shall have no right to control or supervise or direct the manner or method
by which the Consultant shall perform its work and functions. However, the
City shall retain the right to administer this Agreement so as to verify that
the Consultant is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or join t ve n ture between
the Consultant and the City. The Consultant shall have no authority to bind
the City absent the City's express written consent. Except to the extent
otherwise provided in this Agreement, the Consultant shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant and its
officers , agents and employees shall have absolutely no right to
employment rights and benefits available to the City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits .
In addition, together with its other obligations under this Agreement, the
Consultant shall be solely responsible, indemnify, defend and save the City
harmless from all matters relating to employment and tax withholding for
and payment of the Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits , and all other laws and
regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment
benefits, entitlements, programs and/or funds offered employees of the City
whether arising by reason of any common law, de facto, leased, or co-
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employee rights or other theory . It is acknowledged that during the term of
this Agreement, the Consultant may be providing services to others
unrelated to the City or to this Agreement.
14. Not ic es. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested , addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties , and each
parties' respective heirs, successors, assigns, transferees , agents , servants,
employees, and representatives.
16 . Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee . Any attempted assignment by the Consultant , its successors or
assigns , shall be null and void unless approved in writing by the City
Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due
the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay
any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies , now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18 . Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue . This Agreement shall be governed by , and construed
and enforced in accordance with, the laws of the State of California, excluding ,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
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interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20 . Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22 . Interpretation. The pa1iies acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning .
23 . Attorney 's Fees_ If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses .
24 . Exhibits. Each exhibit and attachment referenced in this Agreement is , by the
reference, incorporated into and made a part of this Agreement.
25 . Precedence of Docume n ts. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void .
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties .
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. Th is Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all pr ior negotiations , representations or agreements ,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
29. The City Manager, or designee , is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
-11-
DocuSign En ve lope ID 72786383-9F32-486A-88F5-9B0B50E20493
authority to the City Manager to administer the Agreement , any delegation of
auth o rity must b e expressly in c luded in the Agreement.
[Signatures follow on the next page.]
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
-12-
__ ___ _
Doc uS;gn Env el op e ID : 72 7863 B3 -9F 32 ...1 86;\-88 F5-9B 0 850E 204 93
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal cmporation
,G~ocuS lgnod by: B¼~ tfw~_eSbli\, 7/11/2022
~rlty8'flf15mpson, A.A .E., C.A.E., IAP
Director of Aviation
Airports Department
ATTEST :
TODD STERMER, CMC
City Clerk
By
No signature of City Attorney required.
Standard Document #FedFund Eng.
CSA, Short Form, Total Fee (05-2022)
has been used without modification, as
certified by the undersigned.
ca.uS lgncd by:
5/ 26 / 20 22 By : e-totii~ (J_,.~
· · l§c61a'~os
Acoustical Program Coordinator
Airports Department
Mark W. Dav1s ,1'A.,tt58 mcpIanning Manager
Airports Department
Addresses:
CITY:
City of Fresno
Attention: Elodia Cavazos,
Acoustical Program Coordinator
4995 E. Clinton Way
Fresno, CA 93727
Phone: (559) 621-4506
FAX: (559) 251-4825
E-mail: elodia.cavazos@fresno.gov
CSDA DESIGN GROUP,
a California Corporation
Oo cuS lgn od by:
By: &w-,J~ OJai.J.iA s/26/2022
~ 0O7E6D A86 FOd5A _
Name : Randy Waldeck
Title : President
(If corporation or LLC, Board Chair,
Pres . or Vice Pres.)lfl DocuS igned by:
By~~!~~FJ~:~. 5/2 6/2022
Name : Anissa K. Wong
Title : Secretary
(If corporation or LLC, CFO, Treasurer,
Secretary o r Assistant Secreta ry)
Any Applicable Professional License :
Number: M34245 -c-,--.,-----------
Name : Mechanical Engineer
Date of Issuance : 7/31/2008___;,__
CONSULTANT:
CSDA Design Group
Attention: Randay Waldeck,
Principal
364 Bush Street, Second Floor
San Francisco , CA 94104
Phone: (415) 321-1145
FAX : (415) 693-9830
E-mail: rwa Id eck@csdadesig ng roup. com
FYI-S F ed Fund Eng . Se rv . CS A, S hort Fann , Total Fee (05 -2022 )
-13-
OocuSigr'. fave,ope 10 72766383-9F32-486A-88F5-9B0B50E20493
FYI-S Fed Fund Eng Serv . CSA. Short Fo1-m, Total Fee (05-20 22 )
-14-
DocuSign Envelope ID: 727863B3-9F32-486A-88F5-9B0850E20493
Attachments:
1. Exhibit A -Scope of Services
2. Exhibit B -Insurance Requirements
3. Exhibit C -Conflict of Interest Disclosure Form
4. Exhibit D -Assurances
FYI-S Fed Fund Eng. Ser:. CSA, Short Form. Total Fee (05-2022)
-15-
DocuSigr. Envelope ID : 72786383-9F32-486A-88F5-980850E20493
Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("CITY")
and CSDA Design Group ("CONSULTANT")
Fresno Yosemite International Noise Compatibility Program AIP 3-06-0087-91
Scope of Work
for
Sixty {60) Homes
The following Scope of Work (SOW) is intended to describe the services required to provide
design and construction administration services to sound insulate sixty (60) single-family
homes impacted by noise from Fresno-Yosemite International Airport. The services provided
are a continuation of the Residential Sound Insulation measures contained in the Part '150 Noise
Compatibility Program (NCP) for Fresno Yosemite International Airport (Airport). The scope of
work will require comprehensive program planning, public outreach, acoustic testing, design, and
construction administration for the modification of single-family homes in the vicinity of FAT within
the 65 CNEL contour as depicted on the 2022 Noise Exposure Map . The work will be performed
as AIP funding becomes available in bid groups of homes (the size of each bid group), as
determined by the Airport. The tasks associated with the work are intended to meet the needs of
the program and are grant eligible expenses as defined by the FAA. At a minimum the detailed
scope of work should include , but is not limited to, the following :
Program Plann ing and Outreach
" Evaluate the expected level of grant fund i ng and develop a phase schedule.
" Meet with Building Department, confirm applicable code editions and submittal requirement s
for permitting.
• Review and update the Program Policies and Procedures as required .
• Provide technical assistance for the program and participate in meetings with the community,
contractors, property owners, tenants and FAA as required.
• Assist Program Coordinator with outreach.
Acoustical Services I Pre-Design
• Schedule and conduct an "Initial Home Survey" of 60 properties for the purpose of determining
if there are life-safety or other issues which would preclude participation in the SMART
Program.
o Schedule and conduct pre-construction acoustic testing at ten (10) properties in accordance with
FAA guidelines in order to determine eligibility. (Note : Pre-construction testing levels are based on
30% of 60 homes. 10 homes have already been acoustically tested . Testing an additional ten
homes brings the total to 20 or 30% ofthe homes in this phase .)
Page 1 of 3
DocuSign Envelope ID: 72786383-9F32-486A-88F5-980850E20493
• Provide acoustical measurement analysis and eligibility results reports to Airport.
• Perform noise modeling to estimate how the proposed acoustical treatments will perform and
verify the resultant interior noise levels will meet FAA goals. If acoustical treatments in addition
to windows and doors are required, present the data to the FAA to justify eligibility for additional
acoustical treatments.
• Update field survey templates and acoustical datasheets as required.
Design
• Provide project management, coordination and administration of design services.
• Provide Architectural, Acoustic, Mechanical, Electrical , and Hazardous Material related design
services as required.
• Schedule and participate in surveys of the eligible residences to assess and document existing
conditions as they relate to the installation of acoustical treatments and mechanical-electrical
equipment.
• Schedule and conduct hazardous materials surveys of all participating homes. Process samples
and provide reports to be included in the bid documents .
• Inspect and document possible unsafe and/or unpermitted modifications to the structure. Notify
Airport of possible unsafe and/or unpermitted modifications to the structure.
• Prepare background drawings of the building, site and floor plans.
• Conduct weekly design meetings internally with sub-consultants.
• Prepare construction documents as necessary and in accordance with FAA, federal, state, local
government, local agency and utility requirements which include plans , details and technical
specifications for acoustic treatment of eligible residences.
• Submit 80% plans for Airport review and comment .
• Prepare permit copies of plans and details in compliance with City and County permit processes
and plan check requirements.
• Perform plan review with the property owner and obtain sign-off. Incorporate property owner
comments into final design documents as necessary.
• Perform QA/QC reviews of construction documents.
• Prepare bid documents including final plans for the installation of acoustical treatments,
mechanical and electrical designs, hazardous materials reports, specifications and details.
• Prepare a cost estimate for each property.
• Submit drawings for permitting to the City and County Building Departments. Respond to plan
check review comments and resubmit as required for permitting.
Construction Administration
• Provide construction management and coordination.
• Provide pre-bid and bidding support such as the preparation of bid specifications, attend pre-bid
meetings, respond to requests for information and provide addenda as needed.
• Provide pre-construction support such as attending pre-construction meetings. Estimate 1 meeting
Page 2 of 3
DocuS:gn Envelope ID 727B63B3 -9F32-486A-88F5-9B0850E20493
per bid group or phase of construction .
0 Review the contractor's submittals. Route and track as necessary until final approval.
• Attend contractor's "verification of measurements" site visits .
11 Respond to contractor's Requests for Information (RFls).
e Conduct warehouse materials inspections of the windows and doors as shipments are received
and prior to construction start.
• Assist the contractor with documenting existing conditions, such as existing damage at each
property prior to construction start.
11 Monitor the contractor's construction schedule .
• Conduct bi-weekly construction progress meetings with the general contractor (and subs as
required) to monitor construction progress 1 track liquidated damages and understand potential
delays due to product delivery schedules, etc.
• Submit bi-weekly construction progress reports to Airport1 including number of open homes,
closed homes1 liquidated damages, change order tracking1 percentage of work completed at each
res idence and associated costs.
• Provide hazardous materials abatement oversight1 inspection and testing.
• Provide construction observation at each property during construction (minimum 3 visits per
home) and Daily Logs documenting construction progress.
• Provide substantial completion and final inspections at each property (including the
identification of punch-list items) to ensure that all work and materials conform to the construction
documents and FAA standards.
• Review "close-out" materials for each property including "as-built drawings"1 warranty and
operation and maintenance materials for the products installed , final permits1 etc. These
materials will be prov ided by the contractor and will be reviewed prior to transfer to
homeowner.
• Assist with review of contractor payment applications, cost proposals and change orders.
Pr epare change order proposal requests
• Conduct Post-Construction Acoustical Testing at ten (10) homes. (Note: 50% of pre-tested
home s are el igible for post-construction acoustical testing. 20 homes were pre-tested.)
• Provide post-construction acoustical measurement analysis and a pre-and post-construction
measurement results report to Airport to quantify the noise level reduction improvements.
• Provide engineering close-out reports to document project compliance at the conclusion of the
project. Each close-out report will include post-construction acoustical measurement results and
original cost and final costs per property.
e Participate in warranty claim resolution while under contract to the Airport.
• Assist Airport with review of contractor's certified payroll.
Exceptions
• Structural engineering services are not included.
Page 3 of 3
DocuSign Envelope ID: 727B63B3-9F32-486A-88F5-9B0B50E20493
Exhibit A
SCHEDULE OF FEES
Consultant Service Agreement between City of Fresno
and CSDA Design Group
Fresno Yosemite International Airport FAR Part 150 Noise Compatibility Program
CSDA DESIGN
GROUP
2022 Fresno Yosemite International Airport SMART Program
FEES
REIMBURSABLE
EXPENSES
ADDITIONAL
SERVICES AS
REQUIRED TOTAL
CSDA Design Group $ 471,070.12 $ 54,174.00 $ 10,000.00 $ 535,244 .12
Associated Design and Engineering (ADE) $ 197,991.09 $ $ $ 197,991.09
YDG (Mechanical and Electrical) $ 102,817 .00 $ 9,680.00 $ -$ 112,497.00
T. Brooks & Associates $ 113,039 .34 $ $ $ 113,039.34
SUBTOTAL I $ 884,917.55 $ 63,854.00 $ 10,000.00 $ 9ss,n1.ss I
GRAND TOTAL $ 958,771.55
Page 1 of 12 CSDA Confidential 4/22/2022
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DocuSign Envelope ID: 727863B'.l-9F32-486A-88F5-980B50E20493
F.:,;l nt11 tA
SCliEOU\ :: OF FEES
Co11sullw11 Sc:rv,c,~ Ag1t'.t!111cnl belwcr.n Clly of Frc!>no
flnc1 CSOA Ot:Slgn Group
f1 es110 Yost:11111 ~ l11t1.:rn,1hom1I Anpu,1 f AH P;t1I 150 N 11is.e Co111pat1bdity Prn~1ran1
2022 Fresno Yosemite International Airport SMART Program -YDG Fee PtOPo>al IM /EJ 60 Home, 1
f 'l'i'n'...rrri:
Insert inform;ltion in Dark Blue Cells only!
f"n,,~tru, t1ur ---.,-.-~ -!°, -_(_ --~
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~ Pi:otnim PUt nnlnlC IIJ'l d O liUl!.11.t h
1.1 Pt(lp:ire-forondnu~nd ..Kltkofl• Mr.ctln_l_ 2 IS .t9.60
L2 IDevelop_1_oles a nd res_e_onsib1l 1ties
1.3 l ~ve1o_p _communicationsplan. reoofling t~mr>la1es. identifv orogram and phase 1asks/n11lesmn~-.
1.4 IObuin ~':ll;!imJ.lt11~k :.nd d~ittlop fields
1.s jC)eve.lb.e_ pi,:a,1"1! ~~ii_!'_f_l?' euh v,utt....
1.6 IOe,,a.lo_f'IE~ltC I ~dp/t4iJ.C1)the1ILHI! .
L7 IMeet with OulldlN_! 01:!P:SUmc:-nL
1,8 IReview a11 d upd'.ite p.rav,m 1Jditr;1C!:S 110d p rutcd1,11 _6li
1,9 IH~r:-w proir.11ro documentation and p;,;;..ldi: ,.o_mrn11nt,1/~1:1d~Lc.1o
1..10 IIdentify required n~ports and forms and customize for p~ect.
1.11 1Review a nd u_edaLe homeowne1 educational materials and homeowner handbook
1,12 Develop antl distribute proJcct Work Plan to te<1m
113 IParticipate in meetin~s with the community, FAA, contractors, proper1y owners, etc. (up to 10 Mtgs/yr,)_
114 IA.sslsl Airport w11h updatint or project website,
j 1.1s IA.t~~,without~ . ;---.. _,__ -.... s
Task ~Sub-Total! S ~57,60
fa.di 2 IA<OU:.iltM Services I rt, DtifM\
2,1 IInitial Home Sutvev (includes scheduling)
2 2 IDevelop Acoustical Test Plan (ATP). submit to FAA and revise as required
2.3 !Conduce _ere-cons trucion acoustical testing~
2..4 I Provide acoui.uca l measurement an,1\_vsis ancJ elisibilitv rei.ults reports to Airport.
2.5 (Perform noise modelin_tt
s I~
i
s I
2,6 IOcvclop_pr_eliminar_y acoust1c<1I tre.itments and nresent to FAA, revise as required s I
2,7 (IJl)CSArc f1old 1un1&:y lctnOlA ltt b,1sed on aPfKOYt-a acoustical treatments
2 ,B IPerform po~r-~ons truction acoustical testing,
i
!
~ l t't!.t1o"~-P:'!-\l •ton,lf'-'C.tUm 1nou-,lf<-1l n_u:a:J,urr:merH 1,1n;1lyiti and f~~.il _r~~u~s ~01 t to flirporL ------_.,_ --'-s
1asr. 1-~uo Total( $
i=ii:sirT · Ion;.,.-.
3 ,1 PrOVl cto p,rofcct "10Nl1!11J mP,n 1, COOldfMUCII\ and administrallon 15 3,763 76
32 CondiJct internal weekly desiin meetings with d~sign team 10 2.2B8.n!l
3,3 Conduct bi -wl?eklv desiin mcetinr,s with Lhe Airport
3,4 Schedule site assessments.
3.5 Conduct s ite assessments !Architectura11 M~ch. & E!ec:tricall u n 6,SO:.l 3G
3 ,S Conduc1 hltlHU°'-IJ n~1c,l~l).le)\(nj1,
3,S Conduct site assessments !St~~~ral) ,.. Prepare backiround cJrawin~s of lhc building, site and floo r plan<;, -1
3,6 Proccssin'l of hazardous materials samples. I
3.7 P,ovida ·u1!'1t1i't~ Conditions l\e~'h.. lot each p100,HY
3,8 Ptovidc 8(1). Nd'nle<tutal d~ltni
38 Provide 80% Mechanic.:il & Electrical Designs !9 I 125 I I 20 2'-J.086 20
3 8 Provide 80'¼ Structural Designs, I I
3 8 IP1epa1e ~_ecci1kit1ons and details Coordinate~i!__h _Air _~ort front-end documents I ,o !:l ,1s2 on
3.8 IPt1.l'J!!tJUon of h.1u ,udr:11.1~m.llt!r r.11J. tei:c ir"' r~sulti. tl!'(W)Jli, I
3,9 ICoordi11ate :.nd QC BO,f.dUlan poc:U.&:11:i I U I G
3 10 Submit 80% construction documents to A1ff.OII fo, 1ov1cw; 1ncorpetrttitt review comments I fi I fi I
3 11 Schl\'clule and conduct 111•11 review w flh ho1\\ai~_Ml\-j __fl~lflCnU1 on1wwnC!.r commems
3 ,12 IP•(l~.:. ria construction documents s.ult~bll.! ,or bld.dJ.nA, l!nc:lud1rt Un.ii QCI 12 l IS 5,2.3<l 80
3 ,13 IP•~re .i cost cnllmbliU for each p,o~rtv. 10 I I ID I I I : ,,.290_00
3,14 IPt&p:>ru Qll'fM\ltcoi:iic:J.ofri•i:a_n_lll~ submit to Dmld il'lr, Dt0,.ar1tntim /'P'r(!p.1 1,_IJG&.E Api:,.11caoot'l:S ,1_no,~ w1ncs ~ l~µa~ to ftu1ldin& 0.:.-pittlmnnLr_cv~~ts__
10 I I I 10 I I I I _.__,_ ,1 I I 3 I I I I·----I Ta,kiS.b lo,nl]
•i,621 7(,
2,67 5 96
73,530 6D
TASK ., Construct.ion Administr•tion
4.1
4.2 I I I I I I I J~20 I I
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DocuSign Envelope ID: 7271363B3-9F32-486A-88F5-9B0B50E20493
4,3 $,Jbmltbl•wl!t:klv!011itfuttl0t1 p:1ou.1~-t~t, ,0Al1pu,1 $ .... C>f.!..,cJopove.t'Oll COtt$lt udlon s.thc.dule 11ru1 Jnonl toc controi:.t.orWu1·d~9.. s
•.s P,cwkfo llf~bld ~PIM)l l (~ltond o,r-brc:l tTH..•1:Unu. ,~,poitd \LI RFl1-, p(CJJ:J,ar~uian of Addc-ncfla, Cle..) 10 ~ 4,~•tttOO
4.6 Provide pr~construction support (attend pre-construction meeting, assume l. par btd group). 10 s 2,288.00
4 ,7 Review and approve contractor submittals ,. • ; 4,4Gi.60
4.8 Attend contractor's "verification of measurements" site visits. ~
4.9 Respond to cpntractot's Aeql[est tor 1nformat1on tRFlsJ. ll! 1. s 4,$18 80
4.10 Conduct warehouse materials Inspection. Report findings to Airport. s
4.ll Assist the contractor with docume·ntin& existlng conditions .it each residence~ s
4.12 Provide haurdous materlals abate·ment oversight, testing and reporting. s
4.13 Provide construction observati on at each propertV during construction (minlmLlm 3 visits per l1ome witlt reports) s
4.14 Provide \ub11,1n\l;I t.0mplcUm1 i11iU final IMp~n, .l l C.ldt tJtO~ny (1m.Jutf.c\ kJ~md1t:.11nu1 of pundt•1ht ,u,m~) 10 s -'.S7td)O
4.IS Re-,,iew •c.1t1,e-00 1· ma ttH iab fat 1:! J,dl ptopt."fty, 1ndudu1c •l\s-tJull t dri.lwlngs.•. \vtttrantll!s~ fi11 JI petmJU , c tt:. :o 2 s .:J...1~40_
<..16 Provide en.glne:erlng close-out reports to document compliance~ costs and acoustical testin£ results s
4.17 Provide warranty ctaim rf!:sotutioo $
4.18 Review contrauor's payment applications, cost proposals and Cllange orde rs Prepare change order KCP . s s 1,144.00
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DocuSign Envelope ID 727B63B3-9F32-48GA-B8F5-9BOB50E20493
Exh1b1\ J\
SCHEDULE OF FEES
Consull2ont Serv1t.:e Aur1::1m1,:nl helwt1en City ul Fr1::s11u
c111tl CSDA Design Group
r=resno Yosern1le \nte1ncJl1onal /\1rport !-AH 1~a1l 150 Noise Comoatib1h1y Progr..im
2022 Fresno Yosemite International t\lrpC rl SMART p,.o,:r., m -Reimbursable I Insert information in Dcirk Blue Cells only!. 7 -r -,~---i:-~ -., -·"'=""~-Company Na me 1 YU(, INi f " C'I L-1: _, I --Ir~~ '"' 1 ·1 Descnpt1onITasks I I I I
TASK 1 11,ov•t "111.:J,nnU11J 11 nd Ou tra:11 ch
A.rnind Kick-off M~llna. Cornm"nily Moll!ti n.g_, Cll cnl ;lrnd Sub.roniull::un Mot:!Un t,t
1 $ 1,120,00 s 1,120 00
2
,fll(fore (B.:i a-4111ev Fc::c-s {$SOO RTAut.1re I ~00 D~JlOil'Re roe'i}
s 4'10 00 1140 00Hotel ($220/day) x 2 ni g hts
$ 26'1 .00 264 .003 lf'er Diem ($66/day) 's
s 430 00 $ 430 00
5
~ lh.'ll til l Car I Gas ,s:.:=OO/woi:11 : SlOfot rtil,I
$ 25TI 00 $ 150 00Reproduction Costs
s lUUOO s 100 00
$
Sub To t.n.li S :?.Ci,CH .00
6 ,t11r11u1ltt/PMt:iil~Q
~ --s ss s s
~ ~ . ------.-. --~ -f1;1~\: l _S11h~Tot.1i S 2.611'100
1°11!1:k 2 A,m u~li('l!I S°l!f\11~, i fl'll!l •O:t.ilX "
Wlmh.h laht Survc-y/Hg,m.l:' .Sch:-c ,ro n/ AnCJJme:-nl1i/~n=-Co11nruula" Aunutiti1,J Tcitlni
s 2.240 00l\ltFari: / 8.'.l!i!CilC ... h,i-o, i~soo A.1 l,tr1.Jit!! / ')bO E)!)lllJJlll! Fll!t!.1-j $ 2,240 00I
s 4,400 DO s 4,~00.00Uotc l tSl'l:0/tl::iyJ 11: S Rlfthh l
s 1,320 003 Per Diem 1$66/day) s 1,320.00
4 s 1,720 00Rental Car / Gas rS400(week; $30 for gas) s 1,72000
5 s 100 00 ll eproduction Costs s 100 00
(, $ 50 ()(lShippin~Post.ige $ so 00
$
_ _ _ _ _ ___ Sub Totals_$ 9,1:r~o:90 $ .$ $ $ s s~--~ ----·-----~ r ash. 1 ~ub Total $ 9,830 00,_
t"l+u, ~
~ She th,.IL!.5f tl'lt=nl\ c f Uumu.
s 5,720 00Ai1fJ.rr:-/ B.i ggage Fees (:,500 RT Airlare / ~60 Baggage Feesj s S,600 00 s 1,12000l
$ 11,000 00 $ 13,200 00$ 2,:2.0000hoti::1 (Sll:0/Jay) x S nightsl
$ 3,960 ODPer Diern {$66/day) $ 3.300 00 $ GGO 00I ., $ 5,160 00s 4,300 DD $ 860 00Ranl.£11 Car / Gas 1$400/,""i.c:tr, '$30 for 11,n J
$ 250 00 s 250 00U,u_u10Lfu(hOI\ Colljs s
$ mo oo$ 100 00 $6 Ship p in~Posta~e
$
Sub ToUll'i s -___, __ s . $ •S <,ltt0,00 SH55000 ss--,--·-r·------·--Task 3 Sub i oral $ 1g,390 Q{J
Construct.kin Adrnlnlst-ratlon
AUandl .P tic-U.ld 1n~ Prc•Con$truc.liol\, Pou -Con-suu'1iDl'II Mo1.mh:::il Tc-nin&, Con :muc1lol"I qoso
1
fASK4
1 1,120 00A1rFare / Baggage Fees !SSOO Rt A1rrare / :>60 Oaggage FeesJ s ,.o io.<l(! s 5,0'10 00
2 $ 7,700 00 s l.,200 00 $ 9,900 00Hotel l5220/dc!Vl x 5 n11;llts
$ :!,310 00 s 6bU.0U s ,,910 oo IPer Diem (.$66/ciay]3 s J,010 00 s UG O 00 s 3 ,87 0 004 kiaotJI Cilr / Gas tSi:00/weeW. 'S]O forg;,1,)
s 200 00 $ ?DO llO{t ef)roduct1on Costs s5
I SO Ou s so 00I$hippinJ?.! Posta e, e6
s
17,190 00 $ 4,840.00 s s$_ ss. -~ o ~i. ~--· -------..-.-----..---~-----T11sk 4 Sub Totc1 I $ 12,030 00
I
TASK', Ad i:l lli o nYI ~ w;t,f>::9 A,.-ft ~ uT1r: tP
Thlt. 1:n:lf ,lull not b11 used unless authorized in wl'ltlnr, b'r t.h.e Dlt«to, o f A..,l;nlon I
I I 10,000 00l,wnp,5urn. j 10,000QIJ I
sI
Sub Totals S 10.000 00 s $s s $ s I
To1sk 5 Sub l otal S 10,000 00
I ~4.11<100 Is ~.6!!0.oo I s _J 5 -_j_S___•. s s I
r(loh1 I RJtj1"1 lm r1i i1 ti lild (TMtlrli 1 11.. o URl • " '' $ 63,8S4.G0
To tal Addlllonel Services ('Task 5 ~,:.lyJ,I S 10,000.DO
Tolal H.e:1rnbur5ables and Addillonal S!!!"'llices i f:.•h 1 ll u u ttg:... .:JI $ 73,854.00
OocuSign Envelope 10: 727B6383-9F32-486A-88F5-9B0B50E20493
Exhibit A
SCHEDULE OF FEES
Consu ltant Service Agreement between City of Fresno
and CSOA Design Group
Fresno Yosemite International Airport FAR Part 150 Noise Compatibility Program
Fresn o SMART Program Fee Co mp ar i son (2019 vs . 2022)
Ta sks 2019 Fee s Per Un it (40 Homes] 2022 Fe es Pe r Unit (60 Homes)
Start-Up $1,196.43 $18947
Initial Home Survey $1,277.22 $452.26
Acoustical Testing $4,039.44 $1,983.81
Design $8,355.60 $8,540 .72.
Constructio n Administration $3,750.57 $4,904.91
Note: 2022 Pre-construction and post-construction testing is based 20 homes. Pre-construction testing is scheduled for 30% of
homes (20). 10 homes were previously tested. Actual pre-construction testing will occur at 10 homes . Post-construction
acoustical testing will occur at 10 homes (50% of 20 homes pre-tested).
Totals (with Start-Up) $18,619.26 $16,071.16
Totals (without Start-Up) $17,422.83 $15,881.69
Total Fees from Proposal $744,770.32 $884,917.55
Cost per Home $18,619.26 $14,748.63
Note: Per home costs include fees for acoustical testing pro-rated over 60 homes.
Dor:uS1gn Envcilope ID /2i'BG3A3-9F32-486A-88F5-9B0850E20493
t:xti1IJi!A
SCI IEDULI:. OF F!::ES
Cunsulla11l S1::rv1c"' Auree1111:11l between City uf hr!snn
nml CSOA Dosign (;r1)11p
Fresno Yosemite lnterm1t1unal Airporl FAr~ Pcirt 150 Nois8 Con1pal1b1lity Program
l022 Fresno Yosemite International Airport SMART Program -Task Responsibility Matrix
Irc1sks
TASK 1
1,1
1.2
1,3
1.4
LS
1.6
1.7
1.8
1.9
1.10
1.11
1,12
ID cscnpfion
Prol5'.r.1m Pl;rnninl!;; ~uid Outr~ach
f' repure and attend"Kickoff" Mee Ling
Develop roles and responsibilities
Develop communications plan, reporting templa~entify program and pl1ase tasks/milestones _
('.: onnect to proi ram database and develop fields
Develop pllasin~ plan for each grant.
Develop project and phase schedule
Meet with Cluildin c Departmenta
Review and update program policies and procedures
Review program documentation and provide comments/updates.
Identify required reports and forms and customize for project
Review and update homeowner educational materials and homeowner handbook
Develop and distribute project Work Plan to team
l -
CSDA [ll)SiRn Grour (Ptuwct
.'.'1an.1~ement, Ac:oustic.1I T£:•,li11~.
Company Name ! : 1 rlhilect11r,d Dl•~1rrn, Crinstrur.lio,1
M,Lr1..J~l!lnl'llt)
A
Insert information in Dark Blue Cells only!-----.-~-·--·-•
Asrnc1ated De!. ign and Engineerinc
(Architectural&. Structural Design.
I
Construction Management]
i lirooks & A!.sociates j
Yrir, Fnf:ine~ring (ME'P) I (H;:uardous Mutt::ric1~s)
I r ------,
A ,, A
1.13 J);in lclp 1m: Tr, me~tini~ with the community, FAA, contractors, property owne,~ etc h i p to 10 Ml~'5/yr)
1 ,14 Assist A1roon w i th u1xhin mu 1:1 1~HJl~t"I Wt!bl.1 1~
1,15 A~:i.ht ,Mrpgr, w llh oUhi;-.,d'L -,.
T/\SR" :!. Acoustical Servic~s / Pni-De.~ign
Z,1 Initial Home Survey (includes scl1eduling)
z.z D<.~lop A~oi.utu:,"1 1Tc.U Plan (ATP). submit co FM tind revtlc as required
Z3 Conduct pre-com,truction acoustical testing,
Z.4 Provide acoustical measurement analysis and eligibility results reports to Airpo1 t
2.5 Perform noise modelin~.
Z.6 ih,"\'.:lop p,11:llinlnaty u.c.ousuwl treatments ond prnrnnl to l=i'V\ revise as rt1quhlQ'd .
Z.7 Ut1date field survey templates based on approved acoustical treatments.
Z.8 Perform post-construction acoustical testin_g_(includes scheduling, sending reminder letters).
2.9 Ptrlorm post-construcuon acouuiGII I measurement iln.111,..,,,IJ BIid nnaf res ult-.. report to /ornon..
f-----i,
TASK 3 nu~
3.1 Provide pro1~ct management, coordination and administration
3.2 Conduct internal weekly design meetin!:Js with design team .
3.3 Conduct bi-weekly design meetings with the Airriort.
3.4 Schedule site assessments
3.5 Conduct site assessments (Architectural, Mech & Electrical)
3 ,5 Conduct ha2ardous materials testing
3.5 Conduct site assessments (Structural)
3 ,6 Prepare back~round drawings of the building, site and floor plans.
3.7 Provide "Existing Conditions lkports" for each property.
3 .8 Provide 80% Architectural designs.
3.8 Provide 80% Mechanical & Electrical Design~.
3,8 h ovide 80% Structural Designs
3.8 Prepc1re snecifications and delails Coordinate with Airport front-end documents.
38 Preparation of hazardous materials testing results reports.
3.9 Coordinate and QC 80% design packages ,
3.10 Submit 80% construction documents rn Airport for 1eview; incorporate review comments.
3.11 'S chedule and conduct plan review with homeowners; incorporate homeowner comments
3.12 Prepare construction documents suitable for bidding (includes finaf QC)
jl -. -::::;
A
p -----~---
A A
A A
A
A A
A A A
p
A
A
I
A
A A
A p
A A
A
I
A
I
A
p
A A A
A A
p A
A A A
I
I
DocuSign Envelope ID 7?706383-9F32-'18('i/\-O8F5-9BOB5OE 2O493
2022 Fresno Yosemite lnternatlonal Airport SMART Pro,E,tam -Task Responsibility Matrix Insert information in Dark Blue Cells only!-------I ---r 7I I L:SLJA De,;ign Group (l'rojc1:t
j l\'i"iOCialed ~sign and Enginc~erlngManaiwment, Acnl1~tkdl Tf:~tin1)
,\1chilLict11rnl Oe5ign, Co"5tnictmr, l {l\rchiicctur•I & Structural Design, l. Brooks & Assocm le,;
Company Nome Man;.1i;em1·11t) Construction M.inagem~nt) VDG i:nKlneeting (MEP) {tt<1£iJrdous Materials)
~1uescr1pt1on --------------------------
3.13 Prep,ue a cost estimate for e.ich property . p A A A
3.14 Prepare permit copies of plans and suhmit to Uuildinc Department I' A
3.15 Re-~pood to OtJddlnff Drp:if1 nte"L r.:!.v:lcw Corn.mmlL\. A p A----. · 7:-,..·... --=i ..• =
fA~ Cnn:i,uuclion Administracion-01 Provide consttllttion 1n.rnc1~~mt!11t and coordination. r A
4 .2 CumJucL bi-weekly const1 ur:tlon nro~ress meetings p A --.;_3 SL1bm1t bi-weekly construction progress reports to Airport. I' A
4 .4 Develop overall cons truction schedule rmd monitor contractor s chedules p A
,.s Provide pre•bid Sl1p port (attend pre-lJid meeting, respond to R.Fls, preparation of addend<1, etc.). I' A A A
'-6 Provide pre•construclion s upport (attend pre-construction meeting, assume 1 per bid g1oup) p A A A
4.7 Review ;rnrJ .ipprove contractor submittals. A p A A
4.8 Attend contr;,cto r's "verification of mec1surements" site visits A p A
4.9 Respond to contrJctor's Request for Information (RFls) A p A A
4.10 Conduct warel1011s ~ m;,.terials inspection Report findings to Ai rp ort p A A
4,11 AloS'\' 1h.:-contr;;i ctor wf~h docum~otlna existing conditions at each residence, A p
4 .12 Providt: hazardous materials abatement O'J't!riluhl. l~lln~ a!ld repofl ln;: A p
4.13 Provide C<H\\truuJan ob-..e rviilon at each prop~ll'r t:luonc construction (minimum 3 vliit, per homi.! wilh ,~pora). A p
4 .14 Prov!d~ su~u:,nda1 completion and final inspections at c ~ch ptop.ctt.y flnclu.dm ldMtlfTcatlon of pu"t.t,.lh1 lt\!m:S), I' A A A
4 .15 Review "close-out" mat~rials for each propeny, including "as-built drawings", warranties, air balance reports, finJI permits, etc r A A
4.16 Ptavldr. c-u~{nrcrlnr, dose-oi.1t r~porU to dotu.m.e.n t (omr11Jf'ICt,. costs and acouslilal testing result s. r A
£1 .17 Provide warranty cla im resolution. A p A
4.18 Ht!vltvi (onlfiltlnr'-. pJynu-nf ll?l"llc ,,tioni. co1.t p1opa~ls :md t hnnut ordtr, Pfet>H~ ct\Qngo 11tdo.r nc.P. I' A A
4 ,19 ~ovh."Y, contractor's c:c:-rltlh!-cl pay1olt p
P = Primary, A= /\ssist
OornS:g ,~ Envelope ID: l2786383-9F32-486A-88F5-9B0B50E20493
SC -iEDUL:0 OF r':C!:.S
:::.:i ,:-.._:t:J: .:i-"",;ce ..\;•~~m <?,:t t:elNeer C , c l =r~~r:,J
J1 :<! '.::SD A Cc~;,r·. •3rou:i
F•:.:sr..:i Y11s.~."f11 • :r !l':l; :",11 -\1r;,.,n F,\R :i-ir: '. .:;o :'Ii< ..: C,-;~ r.a::~1111~• ".-..c;;r;-Jrr
20ll Fresno Yosemite 'ntet/1-,ldGf'\11-l .\1r Dc11i SMART 11, a, r:iim • Invoice Tasks ;md Fee ?topoul Tasks
Invoi ce Task No. Description Tasks D~,ulp11on
Task 1 Pro gr:,.m Pl,mning & Outreach TASK l i'rcl!•am Plannin& .1nd Ovtrn~ch
Ll Pre :iareand attend"Klckoff" M~et1r.g
1T7 MeetwithBuildinP. Department
----•--+-1-''-" -+•...ss~is...tA....iroort with outreach,
-------~ j,.-,=usuc -Windshi eld Survey TASK 2
2 1 tnltltlttomaSf..P\re'/(lr.duc!t.t M:h:C":~lln,kl_.--,,,,,..,,,-
1------I!--------------+----+-----------------------..._....._________
'Task 2 Aco ustics -Pm-Con Testing Z,3 (QrKIW r.t~flllJUccior, a ~ustic.a l testin11
u " ' Task 2 Acoustics -Post-Con Testin2 2,8 Perform oost-can5truction ,-:ou,-:5ul te1otm2 (ittc.'\x!H ic.l'h!!d1,1.krt•-),cnCl~C r.:m.ndC' r Scm:,".
Task 2 AcousrJc.s -Post-Con Te.s tin,.e. 2.9 P-2rform :iost construction ;tOU'lotiCJI m~Q)l)tC l'rlor t 0nuty,:11 a. nd final r-2sLlrs ta oon to Alroor.
I='"' "'' -~_.,'-'l, 1 .,_I ii 1 ff --.---'--U....'1._t,,,.,,i,_1. U ,;trl :j ,'i,1
, \i:}· I i! ';r ., :,>: I: ,,. lf~t ,:
T;,sk 3 Deio'lt.•I l"r o_J.~1Mop.1,;_r,.rmi11t S M,,:1111 Hnc1 TASK 3 ~edan
1.1 Pre.w!t atoi'l!! t:. "MDUcmcM.coor1flnJ t'OI'\ :ind i'd:rilni~!utl0n,
t--.--,...,..,,--=-1-----•--=--•--.----i-,--'•-2.,.....t-c..on_d_u,.t.,.:n_te_m_,1_wc---'-ck~ly..d,ces_i,g=-n-rn_ec_t_in~gs_w_i:_h_de_s_.ign_ t_c_am___ _ 1 ~----....,~--.,.--------f
f------~-------------1----+--------'--------....:.-'--'-'---------'-'-~ _._________,_
Task3 Site Assessment 3,4 Schedules:te assessrn enc s.
·-
Task 3 3 B PnNfdi: BO% .~rch itect ural ffif!n1
LI ~ die 80% Mechanic.ii & EJtttrlc,11 O<tll&ru
3 B Preoaratio n of hazardous ma te ria ls tes ti n12 results repor:s
3.9 Coordinute 3nd QC 80% desi 0 n pac~a2es,
,___ ---+-------------____ _ ,_______ ______ ------------------'----
Task 3 1CO% Oesii,::n ] 11 Sd1edule and co nduct olan review w ith hom eowner s; incorooral!? homcowr.er ~::i r.-.ment s
3 .lJ _ Respon d to Building De partment ~eview cor.imer1ts. _ ________ --~------~ ~-
· -f-· --------I-4 3 S....bmdol~t-dy con~t~wctio n ;.rcninn r,;ons tetA.1~
-~1..C.on1tr-.u~nn}l!Ud/AFr1
•1.9 R,u.:icind to c:ir.tractor'i :A~uht fer lnforma tio n lllfuJ--r----:-------·-------Tu k.; Conttrvu ro" Administratio n
-
Task~ Closeout
4.19 R,tvtcw contractor'3 tc1 1tdfcd rnyto11,
DocuSign Envelope ID : 72786383-9F32-486A-88F5-980850E20493
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and CSDA Design Group (Consultant)
Fresno Yosemite Internationa l Airport FAR Part 150 Noise Compatiabillty Program
AIP 3-06-0087-91
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations . The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non
owned equipment), products and completed operations , and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) w ith limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership , maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned , hired , and non-owned automobiles or other licensed
vehicles (Code 1-Any Auto). If personal automobile coverage is used, the
City, its officers, officials , employees, agents and volunteers are to be listed
as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant's profession . Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials , employees, agents and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury ;
(iii) $2,000,000 aggregate for products and completed operations ; and ,
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
Page 1 of 4
Exhibit B
DocuSigr. En velope ID 72786383-9F32-486A-88F5-980B50E20.i93
(iv) $2 ,000,000 general aggregate applying separately to the work
performed under the Agreement.
2 . COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
OR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not
less than:
(i) $100,000 per person ;
(ii) $300,000 per accident for bodily injury; and,
(iii) $50,000 per accident for property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits .
4. EMPLOYER'S LIABILITY :
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(i i) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the City , its officers , officials, employees, agents and v olunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and the Consultant shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared on the Certificate of Insurance, and approved by, the City's Risk Manager or
designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees,
agents and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City's Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall the City be responsible for the payment
of any deductibles or self-insured retentions.
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
Page 2 of 4
Exhibit B
DocuSign Envelope ID: 72786383-9F32-486A-88F5-9B0850E20493
OTHER INSURANCE PROVISIONS
The General Liability and Automobile Liabilit y insurance policies are to contain, or be
endorsed to contain, the following provisions :
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. the Consultant shall establish additional
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 -10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims related to this Agreement, the Consultant's insurance
coverage shall be primary insurance with respect to the City, its officers,
officials, employees, agents and volunteers. Any insurance or self
insurance maintained by the City, its officers, officials, employees, agents
and volunteers shall be excess of the Consultant's insurance and shall not
contribute with it. The Consultant shall establish primary and non
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
20 01 04 13 .
The Wo rkers.' Compensation insurance po licy is to contain, or be endorsed to contain, the
following provision: the Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims
made form :
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2 . Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by the Consultant, the
Consultant must purchase "extended reporting" coverage for a minimum of
five Years after completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4 . A copy of the claims reporting requirements must be submitted to the City
FYJ-S Fed Fund Eng . Serv. CSA, Short Form , Total Fee (05-2022 )
Page 3 of 4
Exhibit B
OocuS ign Enve lope ID: 72786383-9F32-486A-88F5-9B0B50E20493
for review .
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insura nce required he rein shall be endorsed to provide that the coverage
shall not be cancelled, non -renewed , reduced in coverage or in limits except after thirty
calendar day$' written notice by certified mail, return receipt requested, has been given
to the City. The Consultant is also responsible for providing written notice to the City
under the same terms and conditions. Upon issuance by the insurer, broker , or agent of
a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant
shall furnish the City with a new certificate and applicable endorsements for such
policy(ies). In the event any policy is due to expire during the work to be performed for
the City, the Consultant shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen calendar days prior to the
expiration date of the expiring policy.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City's Risk Manager or designee prior to the City's
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of the City, the Consultant shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
FYI-S Fed Fund Eng . Serv. CSA, Short Form, Total Fee (05-2022)
Page 4 of 4
Exhibit B
DocuSign En ve lope ID : 72786383-9F32-486A-88FS-980850E20 49 3
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Fresno Yosemite International Airport FAR Part 150 Noise Compatiability Program
AIP 3-06-0087-91
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its aQents? □ [ZJ
2 Do you represent any firm , organization, or person who is in
liti g ation with the City of Fresno? □ [XI
3 Do you currently represent or perform work for any clients who
do business with the City of Fresno? □ [XI
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
□ [XI
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
□ [XI
6 Do you or any of your subcontractors have , or expect to have,
any interest , direct or indirect, in any other contract in
connection with this Proiect ? □ IBl
* If the answer to any question is yes , please explain in full below.
Explanation : _______ ___ _
5/26/2022
Date
Randy Waldeck
(Name)
CSDA Design Group
(Company)
364 Bush Street 2/F
(Address)
i:___ Additional page(s) attached. San Francisco, CA 94104
(City , State Zip)
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05 -2022)
Page 1 of 1
Ex hibit C
DocuSign Env e lope ID 727B63 B3-9 F32-486A-88F5-9B0850 E20493
EXHIBIT D
ASSURANCES
Consultant Service Agreement between City of Fresno (City)
and CSDA Design Group (Consultant)
A. I. P. PROJECT NO. 3-06-0087-91
Fresno Yosemite International Airport FAR Part 150 Noise Compatiability Program
During the performance of this Agreement (hereinafter referred to as "contract" or
"contract documents"), the Consultant, for itself, its assignees and successors in interest
(hereinafter referred to collectively as "the contractor" or "the Consultant") agrees as
follows (hereinafter, "the City" is referred to as "Sponsor"):
I. PROVISIONS APPLICABLE TO ALL PROFESSIONAL SERVICES
CONTRACTS
A. ACCESS TO RECORDS AND REPORTS
The contractor must maintain an acceptable cost accounting system. The contractor
agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller
General of the United States or any of their duly authorized representatives' access to
any books, documents, papers, and records of the contractor which are directly pertinent
to the specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The contractor agrees to maintain all books, records and reports required
under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
B. BUY AMERICAN CERTIFICATION
The contractor agrees to comply with 49 USC§ 50101, which provides that Federal funds
may not be obligated unless all steel and manufactured goods used in AIP-funded
projects are produced in the United States, unless the FAA has issued a waiver for the
product; the product is listed as an Excepted Article, Material Or Supply in Federal
Acquisition Regulation subpart 25 .108; or is included in the FAA Nationwide Buy
American Waivers Issued list.
A bidder or offeror must submit the appropriate Buy America Certification (below) with all
bids or offers on Airport Improvement Program ("AIP")-funded projects. Bids or offers that
are not accompanied by a completed Buy America certification must be rejected as
nonresponsive.
Type of Certification is based on Type of Project:
There are two types of Buy American certifications.
• For projects for a facility, the Certificate of Compliance Based on Total Facility
(Terminal or Building Project) must be submitted.
o For all other projects, the Certificate of Compliance Based on Equipment and
Materials Used on the Project (Non-building construction projects such as runway
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Exhib it D
DocuSign Envelope ID: 72786383-9F32-486A-88F5-980850E20493
or roadway construction; or equipment acquisition projects) must be submitted .
See Attachments A and B: Buy American Certifications
C. GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to ensure that no person shall, on the grounds of race,
creed , color, national origin , sex , age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance.
This provision binds the contractor from the bid solicitation period through the completion
of the contract. This provision is in addition to that required of Title VI of the Civil Rights
Act of 1964.
This provision also obligates the tenant/concessionaire/lessee or its transferee for the
period during which Federa l assistance is ext ended to the airport thro ugh the A irp ort
Improvement Program , except where Federa l assistance is to provi de, or is in the form of
personal property; real property or interest therein; structures or improveme nts thereon.
In these cases the provision obligates the party or any transferee for the longer of the
following periods:
a. the period during which the property is used by the airport sponsor or any
transferee for a purpose for which Federal assistance is extended , or for
another purpose involving the provision of similar services or benefits; or
b. the period during which the airport sponsor or any transferee retains ownership
or possession of the property .
D. CIVIL RIGHTS ACT OF 1964, TITLE VI
Compliance with Nondiscrimination Requirements -During the performance of this
contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes
consultants) will comply with the Title VI List of Pertinent Nondiscrimination
Statutes and Authorities, as they may be amended from time to time , which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it
during the contract , will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors , including
procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and
the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the contractor for work to be performed under a subcontract, including
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Exhibit D
DocuS ig~ Envelope ID . 727B63B3-9F32-486A-88F5-9B0B50E20493
procurements of materials, or leases of equipment, each potential
subcontractor or supplier will be notified by the contractor of the contractor's
obligations under this contract and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, or national origin .
4. Information and Reports: The contractor will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the sponsor or the
Federal Aviation Administration to be pe11inent to ascertain compliance with
such Acts, Regulations, and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the contractor will so certify to the sponsor or the
Federal Aviation Administration, as appropriate, and will set forth what efforts
it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance
with the Non-discrimination provisions of this contrac( the sponsor will impose
such contract sanctions as it or the Federal Aviation Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the
contractor complies; and/or
b . Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The contractor will take action with
respect to any subcontract or procurement as the sponsor or the Federal
Aviation Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the contractor may request the sponsor to
enter into any litigation to protect the interests of the sponsor. In addition, the
contractor may request the United States to enter into the litigation to protect
the interests of the United States.
E. DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13} -The contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts . Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) -The prime contractor agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than {specify
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Exhibit D
OocuSign Envelope ID: 72786383-9F32-486A-88F5-980B50E20493
number} days from the receipt of each payment the prime contractor receives from {Name
of recipient}. The prime contractor agrees further to return retainage payments to each
subcontractor within {specify the same number as above} days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the
{Name of Recipient}. This clause applies to both DBE and non-DBE subcontractors.
F. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Federal Fair Labor Standards Act (29
USC 201)
U.S. Department of Labor -Wage and
Hour Division
G. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
The bidder or offeror certifies by signing and submitting this contract, to the best of his or
her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the bidder or offeror, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to infl uence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
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
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Exhibit D
DocuSign Envelope 10: 727B63B3-9F32-486A-88F5-9B0B50E20493
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
H. OCCUPATIONAL SAFETY AND HEAL TH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities .
Requirement
Occupatio nal Safety and Health Act of
1970 (20 CFR Part 1910)
Federal Agency with Enforcement
Responsibilities
U.S . Department of Labor -Occupational
Safety and Health Administration
I. RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to
regulations issued by the FAA and the Sponsor of the Federal grant under which this
contract is executed.
J. TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract,
certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country included
in the list of countries that discriminate against U.S . firms published by the
Office of the United States Trade Representative ("USTR");
b. has not knowingly entered into any contract or subcontract for this project with
a person that is a citizen or national of a foreign country on said list, or is owned
or controlled directly or indirectly by one or more citizens or nationals of a
foreign country on said list;
c. has not procured any product nor subcontracted for the supply of any product
for use on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or
subcontractor who is unable to certify to the above. If the contractor knowingly procures
or subcontracts for the supply of any product or service of a foreign country on said list
for use on the project, the Federal Aviation Administration may direct through the Sponsor
cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it
will incorporate this provision for certification without modification in each contract and in
all lower tier subcontracts. The contractor may rely on the certification of a prospective
subcontractor unless it has knowledge that the certification is erroneous.
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Exhibit D
DocuSign Envelope ID: 72786383-9F32-486A-88F5-980850E20493
The contractor shall provide immediate written notice to the sponsor if the contractor
learns that its certification or that of a subcontractor was erroneous when submitted or
has become erroneous by reason of changed circumstances. The subcontractor agrees
to provide written notice to the contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct
through the Sponsor cancellation of the contract or subcontract for default at no cost to
the Government.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a contractor is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
K. BAN ON TEXTING AND DRIVING
The contractor shall adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while driving when
performing any work for, or on behalf of, the Federal government. The contractor further
agrees to conduct workplace safety initiatives commensurate with the size of its business,
such as establishing rules or programs that prohibit text messaging while driving and
education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
L. CERTIFICATION OF ARCHITECT/ENGINEER
The contractor shall sign and provide the attached certification to Sponsor. Such
certification is to be furnished to the Federal Aviation Administration of the United States
Department of Transportation in connection with this contract.
Attachment C: Certification of Architect/Engineer Form
II. PROVISION APPLICABLE TO PROFESSIONAL SERVICES CONTRACTS
$10,000 AND GREATER
A. TERMINATION OF CONTRACT
1. The Sponsor may, by written notice, terminate this contract in whole or in part at any
time, either for the Sponsor's convenience or because of failure to fulfill the contract
obligations. Upon receipt of such notice services must be immediately discontinued
(unless the notice directs otherwise) and all materials as may have been
accumulated in performing this contract, whether completed or in progress, delivered
to the Sponsor.
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Exhibit D
DocuSigr'. Envelope ID: 727B63B3-9F32-486A-88F5-9B0B50E20493
2. If the termination is for the convenience of the Sponsor, an equitable adjustment in
the contract price will be made, but no amount will be allowed for anticipated profit
on unperformed services.
3. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may
take over the work and prosecute the same to completion by contract or otherwise. In
such case, the contractor is liable to the Sponsor for any additional cost occasioned
to the Sponsor thereby.
4. If, after notice of termination for failure to fulfill contract obligations, it is determined
that the contractor had not so failed, the termination will be deemed to have been
effected for the convenience of the Sponsor. In such event, adjustment in the
contract price will be made as provided in paragraph 2 of this clause.
5. The rights and remedies of the sponsor provided in this clause are in addition to any
other rights and remedies provided by law or under this contract.
Ill. PROVISION APPLICABLE TO PROFESSIONAL SERVICES CONTRACTS
$25,000 AND GREATER
A. CERTIFICATIONS REGARDING DEBARMENT AND SUSPENSION
1. CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR
OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at
the time the bidder or offeror submits its proposal that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from
participation in this transaction.
2. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(S1UCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS)
I
The successful bidder, by administering each lower tier subcontract that exceeds $25 ,000
as a "covered transaction", must verify each lower tier participant of a "covered
transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this
by:
1. Checking the System for Award Management at website: http://www.sam.gov
2 . Collecting a certification statement similar to the Certificate Regarding Debarment
and Suspension (Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier
contract
If the FAA later determines that a lower tier participant failed to tell a higher tier that it was
excluded or disqualified at the time it entered the covered transaction, the FAA may
pursue any available remedy, including suspension and debarment.
IV. PROVISIONS APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $100,000 AND GREATER
A. BREACH OF CONTRACT TERMS
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Exhibit D
OocuSign Envelope ID 72786383-9F32 -436A-88F5-9B0B50E20493
Any violation or breach of terms of this contract on the part of the contractor or their
subcontractors may result in the suspension or termination of this contract or such other
action that may be necessary to enforce the rights of the parties of this contract. The
duties and obligations imposed by the contract documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
B. CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract
or to benefit from the contract is not listed on the Environmental Protection Agency (EPA)
List of Violating Facilities;
2. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U .S .C. 1857 et seq . and Section 308 of the Federal Water Pollution Control
Act, as amended, 33 U.S .C. 1251 et seq. relating to inspection, monitoring, entry, reports,
and information, as well as all other requirements specified in Section 114 and Section
308 of the Acts, respectively, and all other regulations and guidelines issued thereunder;
3. That, as a condition for the award of this contract, the contractor or
subcontractor will notify the awarding official of the receipt of any communication from the
EPA indicating that a facility to be used for the performance of or benefit from the contract
is under consideration to be listed on the EPA List of Violating Facilities;
4. To include or cause to be included in any construction contract or
subcontract which exceeds $100,000 the aforementioned criteria and requirements.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
i. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic, including watchmen and guards , in any workweek in which he
or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required
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Exhibit 0
DocuSign Envelope ID: 727B63B3-9F32-486A-88F5-9B0B50E20493
by the clause set forth in paragraph 1 above .
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld , from any monies payable on account of work performed by the
contractor or subcontracto r under any such contract or any othe r Federal contract with
the same prime contractor, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph 2 above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs 1 through 4 and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts . The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs 1 through 4 of this section.
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Exhib it D
DocuSign Envelope ID 727B63B3-9F32-486A-88F5-9B0B50E20493
Attachment A: CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR
TOTAL FACILITY
(Buildings such as Terminal, SRE, ARFF, etc.)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one of the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (i.e. not both) by inserting a checkmark ( ✓) or the letter "X".
D Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by:
a) Only installing steel and manufactured products produced in the United
States; or
b) Installing manufactured products for which the FAA has issued a waiver as
indicated by inclusion on the current FAA Nationwide Buy American
Waivers Issued listing; or
c) Installing products listed as an Excepted Article, Material or Supply in
Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin
of the steel and manufactured product.
2. To faithfully comply with providing US domestic products
3. To refrain from seeking a waiver request after establishment of the
contract, unless extenuating circumstances emerge that the FAA
determines justified.
D The bidder or offeror hereby certifies it cannot comply with the 100% Buy
American Preferences of 49 USC§ 50101 (a) but may qualify for either a Type 3
or Type 4 waiver under 49 USC § 50101 (b). By selecting this certification
statement, the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening, a
formal waiver request and required documentation that support the type of
waiver being requested.
2. That failure to submit the required documentation within the specified
timeframe is cause for a non-responsive determination may results in
rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA.
4. To furnish US domestic product for any waiver request that the FAA rejects.
5. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines
justified.
Required Documentation
Type 3 Waiver -The cost of components and subcomponents produced in the United
States is more that 60% of the cost of all components and subcomponents of the "facility".
The required documentation for a type 3 waiver is:
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DocuSign En velope JG : 72 7B63B3-9F3 2-486A-88F5-9B 0 B50E20493
a) Listing of all manufactured products that are not comprised of 100% US
domestic content (Excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal Acquisition
Regulation Subpart 25.108; products of unknown origin must be considered as
non-domestic products in their entirety)
b) Cost of non-domestic components and subcomponents, excluding labor costs
associated with final assembly and installation at project location.
c) Percentage of non-domestic component and subcomponent cost as compared
to total "facility" component and subcomponent costs, excluding labor costs
associated with final assembly and installation at project location.
Type 4 Waiver -Total cost of project using US domestic source product exceeds the
total project cost using non-domestic product by 25%. The required documentation for a
type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC§ 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or
fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
5/26/2022
Date
CSDA Design Group President
Company Name Title
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Page 2 of 4
Exhibit D
DocuSign Envelope ID : 72786383-9F32-486A-88F5-9B0850E20493
Attachment B: CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR
MANUFACTURED PRODUCTS
(Non-building construction projects, equipment acquisition projects)
As a matter of bid responsiveness, the bidder or offeror must complete, sign , date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one on the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (not both) by inserting a checkmark ( ✓) or the letter "X".
□ Bidder or offeror hereby certifies that it will comply with 49 USC§ 50101 by:
a) Only installing steel and manufactured products produced in the United States,
or;
b) Installing manufactured products for which the FAA has issued a waiver as
indicated by inclusion on the current FAA Nationwide Buy American Waivers
Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the
steel and manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified .
D The bidder or offeror hereby certifies it cannot comply with the 100% Buy American
Preferences of 49 USC § 50101 (a) but may qualify for either a Type 3 or Type 4
waiver under 49 USC § 50101 (b). By selecting this certification statement, the
apparent bidder or offeror with the apparent low bid agrees:
To the submit to the Owner within 15 calendar days of the bid opening, a formal
waiver request and required documentation that support the type of waiver being
requested.
1. That failure to submit the required documentation within the specified
timeframe is cause for a non-responsive determination may result in rejection
of the proposal.
2. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA
3. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified .
Required Documentation
Type 3 Waiver -The cost of the item components and subcomponents produced in the
United States is more that 60% of the cost of all components and subcomponents of the
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Exhibit D
Ooc uSi gn En ve lope 10: 72786383-9 F32 -486A-88F5 -9 B0 B50E204 93
"item". The required documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised
of 100% US domestic content (E x cludes products listed on the FAA Nationwide
Buy American Waivers Issued listing and products e x cluded by Federal
Acquisition Regulation Subpart 25 .108; products of unknown origin must be
considered as non-domestic products in their entirety )
b) Cost of non-domestic components and subcomponents, excluding labor costs
associated with final assembly at place of manufacture .
c) Percentage of non-domestic component and subcomponent cost as compared
to total "item" component and subcomponent costs , excluding labor costs
associated with final assembly at place of manufacture .
Type 4 Waiver -Total cost of project using US domestic source product exceeds the
total project cost using non-domestic product by 25%. The required documentation for a
type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Deta iled co st informat io n for total pro je ct using non-dome stic product
False Statements: Per 49 USC§ 47126 , this certification concerns a matter with i n the
jurisdiction of the Federal Aviation Admin istration and the making of a false, fictitious or
fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
5/26/2022
Date
CSDA Design Group President
Company Name Title
FY I-S Fed Fund Eng . C S A , Sh o rt Form Total Fee (0 5-2022)
Page 4 of 4
Exhibit D
DocuSign Envelope ID : 7278638 3-9F32-486A-88F5-9B0850E20493
Attachment C: CERTIFICATION OF ARCHITECT/ENGINEER
A. I. P. PROJECT NO. 3-06a0087-91
Consultant Service Agreement between City of Fresno
and CSDA Design Group
Fre s no Yos e m ite Internatio na l Airport FAR Part 150 Noise Compatiabilit y Program
State of California
I hereby certify that I am the owner and/or duly authorized representative of the firm of
CSDA Design Group, whose address is 364 Bush Street, Second Floor, San Francisco,
CA 94104 and that neither I nor the principals here represented have:
(a) employed or retained for a c ommission , percentage, brokerage , contingent fee,
or other consideration, a n y firm or person (o ther than a bona fide employee
working solely for me or the above consultan t) to solicit or secure this contract;
(b) agreed, as an express or implied condition for obtaining this contract, to employ
or retain the services of any firm or person in connection with carrying out the
contract; or
(c) paid or agreed to pay to any firm, organization or person (other than a bona fide
employee working solely for me or the above consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with , procuring or
carrying out the contract; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Federal Aviation Administration
of the United State s De pa1ime nt of Transportat io n in connection with this contract
involving participat ion of Airp ort Improvement Program (AIP) funds and is subject to
applicable State and Federal la ws, both criminal and civil.
5/26/2022
Date Signature
FYI-S Fed Fund Eng. CSA, Short Form Total Fee (05-2022)
Page 1 of 1