HomeMy WebLinkAboutBlair,Church & Flynn Agreement Consultant 10.20.22AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSUL TANT SERVICES
THIS AGREEMENT is made and entered into effect on Oal?Je-ll. 2-<), Z.~'Z
by and between the CITY OF FRESNO, a California municipal corporation (City), and
BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, Inc (Consultant). ·
RECITALS
WHEREAS , the City desires to obtain professional Engineering services for the
design of plans and general construction contract documents for South Peach Avenue
Park (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Civil Engineer and hereby represents that it desires to and is professionally and legally
capable of performing the services called for by this Agreement; 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 the City by its Public Works
Department Director (Director) or the Director's designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform the services described
herein and in Exhibit A to complete the Project more fully described in Exhibit A, and
this shall include all work incidental to, or necessary to perform, such services even
though not specifically described in Exhibit A. The services of the Consultant shall
consist of five parts as described below. A separate "Notice to Proceed: will be issued for
each of the aforementioned parts. By entry into this Agreement and upon the City's
issuance of a written "Notice to Proceed ," the City contracts for the services in Part One.
The Consultant shall not perform any other part of the Agreement, and this Agreement
shall not be a contract for any other part, until further performance is authorized by the
City's issuance of a written "Notice to Proceed." It shall, however, remain the Consultant's
offer to perform all remaining parts described herein. In the event the Consultant performs
services without the City 's prior written authorization, the Consultant will not be entitled to
compensation for such services.
(a) Part One . Schematic Des ign Phase.
(1) The Consultant shall review the description of the Project set
forth in Exhibit A and consult with designated representatives of the City to
ascertain the requirements of the Project.
(2) The Consultant shall complete a Community Outreach,
Programming and Schematic Design in accordance with the detailed minimum
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requirements set forth in Exhibit A. The Community Outreach, Programming and
Schematic Design shall include sufficient detail for the design of the Project, to
finalize the Master Site Plan, and as necessary to obtain the acceptance of the
City. The Consultant shall provide the City with an electronic file of the Community
Outreach, Programming and Schematic Design in the following format: Adobe
PDF.
(3) The Consultant shall conduct studies and investigations as
necessary to confirm requirements of design including, but not limited to, (i)
consulting with the various utility agencies, and (ii) obtaining all information and
data from the respective responsible the City department/division that is available
in the City's records and is required by the Consultant in connection with the
consulting services including, but not limited to, maps, surveys, reports,
information, restrictions and easements. The Consultant shall notify the City if a
topographic survey is required .
(4) The Consultant shall provide a preliminary evaluation of the
Project taking into consideration the City's estimate of the cost of construction
(Construction Budget) of Seven Million Two Hundred Thousand ($7,200,000),
including alternative approaches to design and construction of the Project.
(5) Based upon the mutually agreed upon Project requirements
and any adjustments authorized by the City in the Construction Budget, the
Consultant shall design and prepare schematic design drawings and other
documents for review, modification, if required, and acceptance by the City staff
sufficient to show the concept and scope of the proposed Project and the scale
and relationship of Project components.
(6) The Consultant shall submit a preliminary estimate of
construction cost for review and acceptance by the City. As used herein,
"construction cost" means the cost of construction under the general construction
contract and does not include the Consultant's compensation as herein provided.
Such estimate shall include, and shall separately state, the cost of any add or
deduct alternatives, the cost of any work which may be let on a segregated bid
basis and any equipment or fixtures which may be incorporated in or excluded from
the general construction contract as may be necessary to stay within the
Construction Budget.
. (7) The Consultant shall make as many submittals as may be
necessary or desirable to obtain the acceptance by the City and shall assist the
City in applying for and obtaining from applicable public agencies any approval
permit, or waiver required by law, which assistance shall include, but not be limited
to, making Project information available to the City.
(8) The Consultant may not rely upon any as-builts provided by
the City, but shall investigate the existing conditions and ascertain the adequacy
of such as-builts for the Consultant's design. The Consultant shall bring to the
City's attention any discrepancies in the as-builts that are discovered by the
Consultant. The City makes no representations regarding any as-builts.
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(9) Services shall be undertaken and completed in a sequence
assuring expeditious completion. All services shall be rendered and deliverables
submitted within one hundred fifty (150) calendar days from the issuance of a
Notice to Proceed for this part unless an extension of time is approved in writing
by the Director. Re-submittals, as necessary to obtain the acceptance by the City,
shall be submitted to the City within twenty (20) calendar days from receipt of the
City's comments unless an extension of time is approved in writing by the Director.
(b) Part Two . Design Deve lopment Phase . After review and acceptance
of the schematic design phase and issuance of a written Notice to Proceed with this Part
Two:
(1) Based upon the accepted schematic design documents and
the Construction Budget, including authorized revisions thereto, the Consultant
shall prepare for review and acceptance by the City the design development
documents consisting of drawings and other documents to fix and describe the
size and character of the Project as necessary to show treatment of significant
details. In addition , the Consultant shall provide outline specifications of the work
as to kinds of materials, systems, and other such design elements as may be
required. Such design development documents and specifications shall be subject
to review and acceptance by the City .
(2) The Consultant shall submit a revised estimate of construction
cost for review and acceptance by the City. The revised estimate shall include, but
shall separately state, the cost of any add or deduct alternates, any work which
may be let on a segregated bid basis, and any furnishings, equipment or fixtures
which may be incorporated in or excluded from the general construction contract
as may be necessary to stay within the Construction Budget, including authorized
revisions thereto.
(3) In the event that the revised estimate of construction cost
exceeds the preliminary estimate of construction cost previously accepted,
excluding therefrom any add alternate, any work which may be let on a segregated
bid basis and any furnishing, equipment or fixtures which was identified in Part
One as that which may be excluded from the general construction contract, the
City shall have the option of accepting or rejecting the revised estimate and the
Consultant shall, at no additional cost to the City , make such design changes as
may be necessary to reduce the revised estimate so that it shall not exceed the
preliminary estimate of construction cost previously accepted by the City . The City
shall not increase the scope of the Project except by modification of this Agreement
which shall include an agreed upon increase in the Consultant's compensation.
(4) The Consultant shall make as many submittals as may be
necessary or desirable to obtain the acceptance by the City and shall assist the
City in applying for and obtaining from applicable public agencies any approval,
permit, or waiver required by law, which assistance shall include, but not be limited
to, making Project information available to the City.
(5) Services shall be undertaken and completed in a sequence
assuring expeditious completion. All services shall be rendered and deliverables
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submitted within ninety (90) calendar days from the issuance of a Notice to
Proceed for this Part unless an extension of time is approved in writing by the
Director. Re-submittals, as necessary to obtain the acceptance by the City, shall
be submitted to the City within twenty (20) calendar days from receipt of the City's
comments unless an extension of time is approved in writing by the Director.
(c) Pa rt Three . Co nstruction Document Phase. After review and
acceptance of the design development phase and issuance of a written Notice to Proceed
with this Part Three:
(1) The Consultant shall prepare from the accepted design
development documents, detailed plans and specifications setting forth the
complete work to be done, and the materials, workmanship, finishes and
equipment, fixtures, and site work required. The Consultant shall also prepare
necessary bidding information , general and special conditions of the general
construction contract, technical specifications of the general construction contract,
and the bid proposal and general construction contract forms. Such documents
shall be subject to the review and acceptance by the City. The Consultant shall
cooperate with, assist, and be responsive to the City's Purchasing Manager in
preparation of all documents including, without limitation, slip-sheeting final
documents for printing when requested. The City's Standard Specifications must
be used by the Consultant where possible. Final drawings shall be drawn, printed,
or reproduced by a process providing a permanent record in black on vellum,
tracing cloth, polyester base film, or high quality bond copy . Bid, general
conditions , contract and bond document forms or formats regularly used by the
City shall be used by the Consultant unless the Director determines they would be
impractical for this Project. The Consultant shall be responsible for assuring that
the special conditions, technical specifications and any other documents prepared
by the Consultant are consistent with any documents regularly used by the City
that are used for this Project.
(2) Upon request of the City, the Consultant shall provide the
calculations used to determine the general construction contract quantities, and
structural calculations for the purpose of obtaining any building permits .
(3) The Consultant shall make as many submittals as may be
necessary or desirable to obtain the acceptance by the City and shall assist the
City in applying for and obtaining from applicable public agencies any approval ,
permit, report, statement, or waiver required by law, which assistance shall include,
but not be limited to, making Project information available to the City .
(4) The Consultant shall provide the City with two (2) sets of
completed plans and one (1) sets of completed specifications for review and final
acceptance by the City. Should the plans and specifications as submitted by the
Consultant not be accepted by the City, the Consultant shall revise the plans and
specifications as needed to obtain final acceptance at no additional cost to the
City.
(5) After acceptance of final corrections, if any, the Consultant
shall provide the City with one set of accepted reproducible tracings and bid
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documents for the Project. In addition, the Consultant shall provide the City with
one complete set of CAD/System disk files of drawings and complete disk files of
specifications in the following format: Adobe PDF.
(6) The Consultant shall submit a final estimate of construction
cost for review and acceptance by the City . Such estimate shall be calculated as
of the date all general construction contract documents are delivered to the City in
final form ready for reproduction and advertising. Such estimate shall include, but
shall separately state, the cost of any add or deduct alternates, any work which
may be let on a segregated basis, and any equipment, or fixtures which may be
incorporated in or excluded from the general construction contract.
(7) In the event that the final estimate of construction cost
exceeds the revised estimate of construction cost previously accepted, excluding
therefrom any add alternate, any work which may be let on a segregated bid basis
and any furnishings, equipment or fixtures which was identified in the final revised
estimate in Part Two as that which may be excluded from the general construction
contract, the City shall have the option of accepting or rejecting the final estimate.
If the City elects to reject the final estimate, the Consultant shall at no additional
cost to the City, make such design changes as may be necessary to reduce the
final estimate so that it shall not exceed the revised estimate of construction cost
previously accepted by the City.
(8) Services shall be undertaken and completed in a sequence
assuring expeditious completion. All services shall be rendered and deliverables
submitted within sixty (60) calendar days from the issuance of a Notice to Proceed
for this Part unless an extension of time is approved in writing by the Director. Re
submittals, as necessary to obtain the acceptance by the City, shall be submitted
to the City within twenty (20) calendar days from receipt of the City's comments
unless an extension of time is approved in writing by the Director.
(d) Part Four . Bid ding Phase. After review and acceptance of the
construction document phase, the City's decision to proceed to bid shall constitute a
written Notice to Proceed with this Part Four:
(1) The Consultant shall assist the City in obtaining bids. The
Consultant shall not communicate with potential bidders regarding this Project
without the express prior written authorization of the City's Purchasing Manager.
(2) The Consultant shall, within seven calendar days of any
request by the City, expeditiously draft and promptly provide addendum as
determined by the City to be reasonable or necessary for the bidding process.
(3) If the lowest responsible bid received for the general
construction contract exceeds by 10% or more the final estimate of construction
cost previously accepted by the City, excluding therefrom any add alternate, any
work which may be let on a segregated bid basis and any furnishings, equipment
or fixtures which are excluded from the general construction contract, the
Consultant shall, within fourteen calendar days of any request by the City, revise
the plans and specifications as may be necessary to stay within 10% of such final
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estimate of construction cost, at no additional cost to the City provided such bid is
received within 180 calendar days after completion of services in Section 1 ( c) of
this Agreement. The Consultant shall also submit such revised plans and
specifications, together with a new final estimate of construction cost, to the City
for review and acceptance. This procedure, using the latest accepted final estimate
of construction cost, shall, upon written notice to the Consultant from the Director,
be repeated until an acceptable bid is received that does not exceed the accepted
final estimate of construction cost by more than 10%.
(e) Pa rt Five . Constructi on Phase a nd Gene ra l Co nstru ct io n Con tra ct
Administrat ion. The construction phase will begin with the award of the general
construction contract, which shall constitute a written Notice to Proceed with this Part
Five, and will terminate when a Notice of Completion is filed. Upon award of a general
construction contract for the Project and under the direction of the Director through the
City's designated Construction Manager for the Project:
(1) The Consultant shall attend the pre-construction conference
and, if called upon by the City , act on the City's behalf in discussing the various
aspects of the construction phase.
(2) The Consultant shall review and recommend in writing to the
City acceptance or non-acceptance of shop drawings, equipment and material
submittals of the general construction contractor as required by the general
construction contract and applicable laws and regulations in a timely manner. The
period for the Consultant review shall be as specified in the general construction
contract, except if such period is not so specified , the period shall be as determined
in the pre-construction conference as mutually agreed upon by the City, the
Consultant and the general construction contractor.
(3) The Consultant shall, at intervals appropriate to the state of
construction , familiarize itself with the progress and quality of the work and
determine in general if the work is proceeding in accordance with the general
construction contract documents, and keep the City informed of the progress of
the work. In the event that the Consultant's visit to the site results in the discovery
of any defect or deficiencies in the work of the general construction contractor, the
Consultant shall immediately advise the City and document, in writing, the work
the Consultant deems substandard, and make recommendations where
appropriate to reject any work not conforming to the intended design or
specifications. Based on the Consultant's best knowledge, information, and belief,
the Consultant shall provide the City a general written assurance that the work
covered by a payment application meets the standards in the general construction
contract. As to technical aspects, the Consultant shall provide a written judgment
of the acceptability of the work for payment applications and final acceptance,
subject to the City's right to overrule the Consultant.
(4) Upon written request by the City, the Consultant shall render
interpretations of the general construction contract documents necessary for the
proper execution or progress of the work.
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(5) Upon written request by the City, the Consultant shall render
written recommendations on change orders, claims, disputes, or other questions
arising out of the general construction contract, in a timely manner.
Recommendations by the Consultant in favor of a change order that is
consequently accepted by the City shall constitute approval by the Consultant who
shall then approve the change order in writing . The Consultant shall not
unreasonably withhold written approval in the event the City accepts a change
order that the Consultant recommended to be rejected . In the event of any
technical disputes , the Consultant shall provide the City with the Consultant's
written interpretation of the contract documents. The period for the Consultant
review shall be as specified in the general construction contract, except if such
period is not so specified, the period shall be as determined in the pre-construction
conference as mutually agreed upon by the City, the Consultant and the general
construction contractor. If the City, the Consultant, and the respective general
construction contractor are unable to mutually agree on such period for the
Consultant review, then the City will make the determination and that determination
will be final.
(6) Upon written request by the City, the Consultant shall provide
such design and specification services as may be requested by the City to
implement change orders necessary for clarification or interpretation of the general
construction contract documents or which may have resulted from errors or
omissions by the Consultant.
(7) Where change orders arise as a result of an increase in the
scope of work or are due to unforeseeable conditions, the parties may modify this
Agreement, which modification shall include an agreed upon increase in the
Consultant's compensation .
(8) Upon written request of the City , the Consultant shall assist
the City in the preparation of Progress Payment Estimates and other related
construction reports.
(9) The Consultant shall provide the City with two sets of original
as-grade plans wet-stamped and signed by the Consultant's Engineer of Record
for the Project submitted for final approval by the City's Building and Safety
Services Division of the Development and Resource Management Department on
all projects located outside the Right of Way.
(10) The Consultant shall prepare Record Drawings by updating
the accepted general construction documents in Part Three to reflect all changes
or deviations that occurred during construction as reflected on or from each of the
following : (i) the general construction contractor provided red-lined plans, (ii)
those furnished by the City, (iii) the Consultant provided Request for Information
responses , and (iv) any the Consultant bulletins, amendments or clarifications.
The Consultant shall provide the City with one set of vellum Record Drawings for
the Project within thirty (30) calendar days from receipt of red-lined field markups
unless an extension of time is approved in writing by the Director. Re-submittals ,
as necessary to obtain the acceptance by the City, shall be submitted to the City
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within twenty (20) calendar days from receipt of the City comments unless an
extension of time is approved in writing by the Director. In addition, the Consultant
shall provide the City with one complete set of CAD/System disk files of Record
, Drawings in the following format: AutoCAD and Adobe PDF.
2 . The C ity 's responsibili ti es. The City will:
(a) Provide, upon request and cooperation of the Consultant, access to,
and make all provisions necessary to, enter upon public or private lands as required for
the Consultant to perform such services and inspections as are required in development
of the Project; provided, however, if the City is unable to obtain access to enter upon
public or private lands, the Consultant shall not be relieved from performing its services
as to those public and private lands that are accessible. If the Consultant notifies the City
that a topographic survey is required by the Consultant in connection with the consulting
services, then the City will be responsible for conducting the topographic survey.
(b) Manage and be responsible for all negotiations with owners in
connection with land or easement acquisition and provide all required title reports and
appraisals .
(c) With the exception of preparing correspondence required for design,
hold all required special meetings, serve all public and private notices, receive and act
upon all protests, and perform all services customarily performed by owners as are
necessary for the orderly progress of the work and the successful completion of the
Project, and pay all costs incidental thereto.
(d) Select the testing laboratory and pay the cost of borings, samplings,
and other work involved in soils testing during construction .
(e) Conduct onsite inspection during construction to check quality and
quantity of work as conditions warrant and be responsible for assuring that the general
construction contractor carries out all construction work in accordance with the plans and
specifications. However, this does not release the Consultant from its responsibility to
make periodic site visits under Section 1 (e) for the purpose of observing the work to
determine its general conformity with the plans and specifications and reporting its
findings to the City.
(f) Prepare all change orders during construction in cooperation with the
Consultant.
(g) Prepare all Progress Payment Estimates in cooperation with the
Consultant following its general assurance that the work covered by a payment
application meets the standards in the general construction contract documents based
upon the Consultant's best knowledge, information, and belief.
(h) Pay, or cause to be paid, plan check fees, conditional use permit fees
and site plan review fees.
(i) Arrange for and pay, or cause to be paid, any fees associated with
Environmental Impact Reports or Statements.
U) Give reasonably prompt consideration to all matters submitted by the
Consultant for acceptance to the end that there will be no substantial delays in the
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Consultant's program of work. For an acceptance, approval , authorization, a request or
any direction to the Consultant to be binding upon the City under the terms of this
Agreement, such acceptance, approval, authorization, request or direction must be in
writing, duly authorized by the City and signed on behalf of the City by the Director.
3. Compensation.
(a) The Consultant's sole compensation for satisfactory performance of
all services required or rendered pursuant to this Agreement shall be a total fee of Six
Hundred Twenty-Six Thousand ($626,000), and a contingency amount not to exceed
Sixty Thousand Dollars ($60,000) for any additional work rendered pursuant to
Subsection (d) below and authorized in writing by the Director. Such fees include all
expenses incurred by the Consultant in performance of such services.
(b) Detailed statements shall be rendered monthly and will be payable
in the normal course of City business . Such statements shall be for an amount no greater
than that attributable to the part upon which the Consultant is then engaged as provided
in Section 3(c) below.
(c) For purposes of determining the division of the total compensation to
the Consultant as provided in Section 3(a) above, or should performance of any
succeeding part not be authorized by the City as provided in Section 1 of this Agreement,
it is agreed that the total compensation shall be allocated to the five parts of the
Consultant's performance as follows: Part One -fifteen percent (15%), Part Two -twenty
five percent (25%), Part Three -thirty-seven and one-half percent (37.5%), Part Four -
two and one-half percent (2.5%) and Part Five -twenty percent (20%). Prior to the award
of a general construction contract for the Project, or should such contract not be awarded,
the approved Parts as provided above shall be utilized for purposes of determining the
fee due to the Consultant.
(d) The parties may modify this Agreement to increase or decrease the
scope of services or provide for the rendition of services not required by this Agreement,
which modification shall include an adjustment to 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. Subsequent to the date of completion of Part Three, changes due to Code
revisions or enactments adopted after such date shall constitute additional work subject
to this Section 3(d).
4 . Term ina ti on . Remedies. Force Majeure . and Conso li dation of Disputes.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i) the Consultant 's filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third
party against the Consultant; (ii) seven calendar days' prior written notice with or without
cause by the City to the Consultant; (iii) the City 's non-appropriation of funds sufficient to
meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient
funding for the Project; or (iv) expiration of this Agreement.
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(b) Immediately upon any termination or expiration of this Agreement,
The Consultant shall (i) immediately stop all work hereunder; (ii) immediately 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 satisfactorily 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
withhold 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 this 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
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. If it is determined that 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 the request of the Director or designee, 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 the Director
or designee 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 the Director or designee of the cessation of such occurrence.
(g) The Consultant agrees that, notwithstanding any contrary provision
in this Agreement, any dispute arising from or relating to this Agreement (including,
without limitation , disputes based on contract, tort, equity or statute) may, at the City's
option, be joined and consolidated with any other dispute or disputes arising from or
relating to the Project so that all disputes arising from or relating to the Project may be
resolved in a single proceeding. The Consultant hereby specifically waives any objection
it may otherwise have to such joinder and consolidation and specifically consents to
mediation, arbitration or any other dispute resolution mechanism, forum or proceeding
necessary to effectuate the joinder and consolidation contemplated by this provision.
5. Confidential Information, Ownersh i p of Documents and Copyright License.
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(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 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. Professional 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 ,
DPW-B Eng . CSA , Long Form TF -Contingency (06-2022)
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demands and actions in law or equity (including reasonable attorney's fees and litigation
expenses and cost to enforce this agreement) 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 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
his/her sole discretion. The required policies of insurance as stated in Exhibit B shall
maintain limits of liability of not less than those amounts stated therein. However, the
insurance limits available to 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.
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(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 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 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,
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
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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.
(f) If the Consultant should subcontract all or any portion of the work to
be performed or services to be provided under this Agreement, the Consultant shall
include the provisions of this Section 9 in each subcontract and require its subcontractors
to comply therewith .
(g) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event 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 (a) above and the ongoing maintenance thereof.
11. General Terms.
(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.
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
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(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 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 Consultant's services pursuant to this Agreement shall be
provided under the supervision of Jeffrey D. Brians, P.E., and he/she shall not assign
another to supervise the Consultant's performance of this Agreement without the prior
written approval of the Director.
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 Consul.tant'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 regard to race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
DPW-8 Eng . CSA, Long Form TF -Contingency (06-2022)
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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. Indepe nde nt 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 joint venture
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 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-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. Noti ces . 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
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
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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. Bin din g. 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
party's respective heirs, successors, assigns, transferees, agents, servants, employees,
and representatives.
16. Ass ignm en t.
(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. Co mp liance Wi t h Law . In providing the services required under this
Agreement, the Consultant shall at all times comply with all applicable laws of the United
States, including , but not limited to, the Americans with Disabilities Act (42 U.S.C. §§
12101 et seq .), 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 . 1
19. Gove rni ng Law a nd Venu e. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding ,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify , or add to
the interpretation or meaning of the provisions of this Agreement.
DPW-B Eng . CSA , Long Form TF -Contingency (06-2022)
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21. Severabi li ty . 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. Interp retation. The parties acknowledge that this Agreement in its final form
is the result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved
by construing this Agreement in favor of or against either party, but rather by construing
the terms in accordance with their generally accepted meaning.
23 . Attorney 's Fees. If .either party is required to commence any proceeding or
legal action to enforce or interpret any term, covenant or condition of this Agreement, the
prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable attorney's fees and legal expenses.
24. Exhibits . Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of
this Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and conditions
expressed within the exhibit or attachment. Furthermore , any terms or conditions
contained within any exhibit or attachment hereto which purport to modify the allocation
of risk between the parties, provided for within the body of this Agreement, shall be null
and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
27. No T hird Party Benefi ciaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be modified only by written instrument duly authorized and
executed by both 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 authority to the City Manager to administer the Agreement, any delegation
of authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE.]
DPW-8 Eng . CSA, Long Form TF -Contingency (06-2022)
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-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, BLAIR, CHURCH & FLYNN
A California municipal corporation CONSUL TING ENGINEERS,,I/// . INC .
By: ~ /Z A.
Randall Morrison, By· ~'1-z::9"~
~~~il~~a~~~~~eg~~artment Na~e: ~~~:: ~ ==
Title: Executive Vice President
APPROVED AS TO FORM: (If corporation or LLC., Board Chair, Pres.
CITY ATTORNEY'S OFFICE
o -~_·By: - -rv e_P _: __J_~-------9/28/22By:/J~8~
Pauline Brickey Date Name: Adam K. HoltDeputy City Attorney
Title: CFOATTEST: (If corporation or LLC., CFO, Treasurer,TODD STERMER, CMC Secretary or Assistant Secretary)
City Clerkt. ~B'f&-~112. 1 ;f).-;lt)..µ
;Le U\ cls . Date. ~~ ..JJ.eputy / ~ c//..S'L_
Public Works Department
Addresses:
CITY: CONSULTANT:
City of Fresno Blair, Church & Flynn Consulting
Attention: L. Nathan Sanchez Engineers
Project Administrator Attention: Jeffrey D. Brians
2600 Fresno St. Room 4016 Principal
Fresno, CA 93721 451 Clovis Ave, Suite 200
Phone: (559) 621-8682 Clovis, CA 93612
E-mail: nathan.sanchez@fresno.gov Phone: (559) 326-1400
E-mail: JBrians@bcf-engr.com
Attachments:
1. Exhibit A -Scope of Services
2. Exhibit B -Insurance Requirements
3. Exhibit C -Conflict of Interest Disclosure Form
4. Exhibit D -Location Map
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Blair, Church & Flynn Consulting Engineers (Consultant)
South Peach Avenue Park
The CITY is planning to develop a new park at the location shown on attached Exhibit D.
CONSUL TANT understands that the park development will be phased , and that the CITY
is currently moving forward with a project to construct Phase 1, which has a construction
budget of approximately $7.2 million . The final limits of Phase 1 work, and the types of
amenities to be included will be decided after a programming process that will include
working with stakeholders from the CITY and from the local community.
The CONSUL TANT understands that the CITY wants to obtain an approved Site Plan for
the entire project but then only proceed with construction of Phase 1 at the current time .
Construction of the remaining phases will be completed in the future as funding becomes
available. The construction drawings for those phases will be completed by separate
agreement later and are not a part of this agreement.
The first task for the CONSUL TANT will be to work with the stakeholder team to prepare
a master development concept drawing that will be used in the initial community ·
engagement meeting. This concept-level drawing will serve as a tool to stimulate
conversation and involvement by interested community groups and individuals, and it will
be the springboard for discussions about the types of active recreation, passive
enjoyment, and support facilities that are the most desirable to the potential users .
CONSUL TANT will also begin the conversation about priorities, which of the proposed
amenities is the most important, and what combination of improvements are desired in
the first phase of the project.
Prior to the first community engagement meeting (and both subsequent meetings), an
advertising campaign for the project will be started . This campaign will be two-pronged,
consisting of both digital advertising and a mailed advertisement. The digital ad campaign
will target an area encompassing a 4-mile radius around the proposed project, as well as
Council District 5. This ad campaign will be released on the Meta (previously Facebook)
platform and will be geotargeted to the residents encompassed in the defined area. The
mailed advertisement will consist of a postage-paid, printed postcard with relevant survey
and outreach information that will be mailed to residents within a 2-mile radius of the
project site. The goal of this advertising campaign will be two-fold: to advise the
surrounding residents on when and where they can attend the planned community
engagement events, and to provide an opportunity for residents to complete a survey that
will provide basic feedback to the project team on community priorities and needs.
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
Page 1 of 9
EXHIBIT A
Survey responses from community members will be tracked using two different methods:
through a survey website that can be accessed from both the digital advertisements and
the mailed advertisements; and a hard-copy review of all returned mailers with survey
information filled out. The responses received will be compiled into one set of data, filtered
for duplicate responses, and used to create a re-cap report for the project team. In parallel
with the advertising campaign and using the input received from the first community
engagement meeting and the CITY priorities and constraints, CONSULT ANT will develop
a revised , more detailed "Version 2 " of the proposed overall Master P1an , including
proposed phasing limits, to share with the CITY. At this point CONSUL TANT will also
provide a preliminary Opinion of Probable Construction Cost (OPCC) for Phase 1. After
review with the CITY, any required revisions will be made to both the Phase 1 limits and
the OPCC to keep the Phase 1 costs within the stipulated budget.
A second community engagement meeting will be held, at which CONSULTANT will
present the proposed Master Plan and the Phase 1 plan . Based on input received at this
meeting , CONSULT ANT will again consult with the CITY and revise the Master Plan and
Phase 1 plan as necessary to balance the needs and priorities of all the stakeholders,
and to prepare a "Version 3" Master Plan, phasing limits and an updated Phase 1 OPCC.
Once "Version 3 " of the Master Plan is complete, a third and final community engagement
meeting will be held to present the finalized Master Plan and Phase 1 Plan to the
community for their information.
Using the Master Site Plan resulting from this programming and community outreach
effort, CONSUL TANT will submit a project package, including planned phase limits, to
the Design Review Committee (DRC) for review and comment. Revisions required by the
DRC will be incorporated into the final Master Site Plan before it is submitted for
entitlement review .
Because the project site zoning is already consistent with the proposed land use ,
CONSUL TANT doesn't expect re-zoning or a Conditional Use Permit to be required .
CONSULTANT assume that a Development Permit (DP) will be the appropriate
entitlement vehicle for this project. Based on that assumption , CONSUL TANT will prepare
an DP submittal package that will include the Master Site Plan, building floor plans and
elevations for all proposed buildings, and a Master Site Planting Plan with the proposed
irrigation main line routing shown. These drawings, together with the DP application, will
be uploaded to the City of Fresno's Planning & Development Department's F AASTER
portal for review and comment. Upon receiving DP review comments, the drawings will
be revised and resubmitted for approval.
After DP approval is obtained , CONSUL TANT will prepare a Phase 1 construction
drawing package and submit it for plan check to the City of Fresno's Planning &
DPW-B Eng . CSA, Long Form TF -Contingency (06-2022)
Page 2 'of 9
EXHIBIT A
Department and other local Authorities Having Jurisdiction (AHJ 's), such as Fresno
Irrigation District, Fresno Metropolitan Flood Control District, and the railroad company .
Comments received from the plan check process will be incorporated into revised plans
that will be resubmitted for all required approvals .
Comments received from the plan check process will be incorporated into revised plans
that will be resubmitted for all required approvals .
Coordination with the off-site project for the widening of Peach Avenue will be required.
CONSULTANT will work collaboratively with both the Public Works Department and their
engineer designing the Peach Avenue improvements to ensure that driveways and utility
service laterals are installed by that project at locations where they are, or will be , needed
for the proposed park improvements. It is assumed that all other off-site improvements ,
including but not limited to paving, curbs and gutters, wheelchair ramps, sidewalks, street
lighting, sewer, water and storm drain facilities, applications for new PG&E service for
street lighting, and relocation of franchise utilities will be provided by the off-site Peach
Avenue project.
As part of providing electrical service to the park, CONSUL TANT will prepare and submit
the PG&E Rule 16 application for electrical service to the site .
CONSULTANT understands that the Storm Water Pollution Prevention Plan (SWPPP)
will be prepared by others and that CONSUL TANT will have no responsibilities for
SWPPP preparation or implementation . Due to the size of the project, the San Joaquin
Valley Air Pollution Control District (SJVAPCD) will require submittal of documents related
to their Indirect Source Review (ISR) process. CONSUL TANT will prepare and submit the
required ISR documents, and the application fees will be paid directly by the CITY.
Scope of work includes Geotechnical Engineering investigations , including soil borings
for any Phase 1 building structures , R-value testing for Phase 1 pavement design, and
preparation of a soils report.
Site utility design will include all required utilities for a fully functional Phase 1 project,
including sanitary sewer, domestic water, fire protection water to site fire hydrants, storm
drainage, irrigation water, and electrical and lighting, It is assumed that no Phase 1
buildings will require gas service, fire sprinklers, or communications infrastructure .
CONSUL TANT will also create a schematic level master utility plan that shows how the
future phases are envisioned to be served, and how that relates to the Phase 1 utility
design. Offsite utility stub-outs to the site will be by others as part of the Peach Avenue
project, but CONSUL TANT will provide coordination to ensure that the types and sizes of
service laterals are installed at the locations needed.
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Page 3 of 9
EXHIBIT A
SCOPE OF SERVICES
PART 1 -Community Outreach, Programming and Schematic Design (30% Plans)
A. Complete a digital advertising campaign for the project targeting residents
in the Council District 5 and within a 4-mile radius of the project site,
including :
1. Meta (previously Facebook) advertising for three community
engagement events
2. Facilitate and design a web-based survey page to engage with the
communitymembers and obtain feedback about the project and
community needs and priorities
B. Complete a direct-mail advertising campaign for the project, targeting
residents within a 2-mile radius of the project s ite, including:
1. Design and mail a 6"x9" double-sided mailer to advertise the
community engagement events and provide a link to the web
based survey described above (allow for 17,500 mailers).
2. Design and mail a 5"x7" postage-paid post card with survey
information that can be mailed back with survey responses (allow
for 17,500 post cards).
3. Mail all hard-copy documents to the community, including printing
and postage (allow for 17,500 packets).
C . Allow for pre-paid postage costs for ½ of all hard-copy mailers to be
returned (allow for 8,750)
D . Review all returned survey information available in hard-copy mailers and
the web-based survey and compile a re-cap report for the project team with
actionable information .
E. Participate in three community engagement meetings and three
stakeholder meetings to complete a new Site Master Plan and the scope of
work to be included in Phase 1.
1. Community engagement meetings will include light refreshments
and drinks for participants (allow $250 for refreshments at each
event)
F. Determine final venue types, configurations , adjacencies, user groups,
etc., and the types and levels of amenities desired for each venue.
G . Provide several options for proposed building construction types and
configurations and settle on a preferred option for each building .
H. Determine priorities for which items to include in Phase 1 and identify
proposed final phase limits for Phase 1 and for future phases.
DPW-8 Eng . CSA. Long Form TF -Contingency (06 -2022)
Page 4 of 9
EXHIBIT A
I. Provide renderings and site plan exhibits to be used by the CITY for public
postings, such as signs, TV coverage, and social media posts .
J . Provide an Opinion of Probable Construction Cost (OPCC) for Phase 1.
Adjust the scope of work to approximate the Phase 1 budget of $7 .2 million.
Utilize Bid Alternates as needed to maximize the project budget.
K. Based on the information gathered from the process above, finalize the
Master Site Plan for the site and submit it to the DRC for review and
comment.
L. Project Entitlements
1. Based on the DRC comments, update the Master Site Plan and
prepare a submittal package for DP, including:
i. Master Site Plan with proposed phasing
ii. Floorplans and elevations for all buildings included on the
Master Site Plan
iii. Overall Master Planting Plan with irrigation main line
routing
2. The submittal package will be uploaded to the Planning &
Development Department's FAASTER portal for review and
comment
3. Revise the DP package to incorporate comments received through
the DP review and resubmit for approval
4. CONSULT ANT shall provide a standard Geotechnical
Engineering Investigation Report for the Phase 1 area, including
borings for any structures, R-values for pavement design, and
recommendations for structural design of building slabs and
footings, retaining structures, and sitework concrete .
PART 2 -Design Development Phase (60% Plans)
A. Based on the approved Schematic Design and DP documents, prepare
preliminary construction documents for Phase 1, including:
1. Site Topographic Survey (provided by the CITY)
2. Site Demolition Plans
3. Site Plans
4. Horizontal Control Plans
5 . Site Grading and Drainage Plans
6. Site Utility Plans (sanitary sewer, domestic water and irrigation
water service)
7 . Site Electrical and Lighting Plans
DPW-B Eng . CSA, Long Form TF -Contingency (06-2022)
Page 5 of 9
EXHIBIT A
8. Planting Plans
9. Landscape Irrigation Plans
10. Building Plans and structural calculations
11 . Construction Details
12. Technical specifications
13. Updated Phase 1 OPCC
B . Coordinate with the Public Works Department to have the following
incorporated into the off-site Peach Avenue project along the site frontage :
1. Southbound left turn pockets in the proposed median island
2. Drive approaches to the Park at locations matching the on-site
plans
3. Utility stubs to the park site (sewer, water and storm drain, as
necessary)
C. Submit a Rule 16 application to PG&E for new electrical service. It is
assumed that fees related to the application will be paid by the CITY or
reimbursed to CONSULTANT if payment of fees are required in order to
expedite the process
PART 3 -Construction Documents Phase (90% Plans)
A Based on the Design Development Phase comments, prepare construction
drawings and technical specifications for Phase 1, including:
1. Site topographic survey and boundary (provided by the CITY)
2. Site Demolition Plans
3. Site Plans
4 . Horizontal Control Plans
5 . Site Grading and Drainage Plans
6. Site Utility Plans (sanitary sewer, domestic water and irrigation
water service)
7 . Site Electrical and Lighting Plans
8. Planting Plans
9. Landscape Irrigation Plans
10. MWELO calculations
11. Building plans and structural design calculations
12. Construction Details
13. Technical Specifications
DPW-B Eng . CSA, Long Form TF -Contingency (06 -2022)
Page 6 of 9
EXHIBIT A
14. Revised OPCC for Phase 1
B. Submit construction drawings to AHJ's for review and comment
C. Revise and resubmit construction drawings to AHJ's as required to obtain
approvals
D. Obtain a Grading Permit from the Planning & Development Department
E. Obtain a Building Permit from the Planning & Development Department. It
is assumed that the Building Permit includes site utilities and landscaping,
etc.
F . Indirect Source Review (ISR)
1. Prepare an ISR Air Impact Assessment (AIA) Application including
confirming applicability, modeling baseline and mitigated
emissions modeling, identifying and incorporating mitigation
measures, and assembling a submittal packet.
2. Submit AIA Application to San Joaquin Valley Air Pollution Control
District, pay the ISR Application Filing Fee, and confirm receipt,
assignment, and primary review staff.
3. Coordinate ISR review and approval including up to one round of
minor revisions during each of the two review phases,
corresponding and providing requested information throughout,
and obtaining, reviewing, and circulating draft and final approved
ISR documents.
4 . Prepare ISR specifications.
5. Provide the approved construction documents to the CITY for
preparation of the bid package.
PART 4 -Bid Phase Assistance
A Assist the CITY in preparing responses to bidder questions and requests
for information(RFl's)
B. Assist the CITY in preparing any needed Supplementary Instructions or
Addenda
C. If requested, attend one pre-bid meeting
PART 5 -Construction Phase Assistance
A It is assumed that the City of Fresno's Construction Management Division
will oversee the construction phase of the project and CONSULTANT will
assist them for administration of the construction contract. CONSULTANT
responsibilities will include, but not necessarily be limited to:
1. Attend a pre-construction meeting, if requested
DPW-8 Eng . CSA, Long Form TF -Contingency (06-2022)
Page 7 of 9
EXHIBIT A
2. Respond to Contractor RFl 's during the construction phase and
assist the CITY in issuing any required responses, Supplemental
Instructions, Clarifications or Change Order documents
3. Review material submittals and shop drawings
4. Perform periodic site observation, not including visits required to
resolve unexpected conflicts or design issues
i. Perform one (1) review of the completed work and prepare
a punch list of any work to be completed or corrected prior
to acceptance
B . As-Built field surveys will be completed by the CITY and the survey data
provided to CONSULTANT. Using the CITY provided survey data,
CONSULTANT will create as-built drawings as required by the CITY for
closeout and issuance of occupancy permits.
C . Review any building pad certifications provided by the CITY surveyor
PROFESSIONAL SERVICES FEE
Based on the Phase 1 construction budget of $7,200,000 and the scope of work described
above, CONSULTANT shall provide the engineering services described in the above
Scope of Services for a lump sum amount, broken down as follows :
Programming and Schematic Design (15%) $93,900
Design Development Phase (25%) $156,500
Construction Document Phase (37.5%) $234,750
Bid Phase Assistance (2.5%) $15,650
Construction Phase Assistance (20%) $125,200
TOTAL PROFESSIONAL SERVICES FEE $626,000
PROFESSIONAL SERVICES FEE SCHEDULE
General Consulting 2022 Prevailing Wage
CLASSIFICATION RATE
Principal ..... ............ ............................ .............................................. , ........... $170.00/Hour
Program Manager ........................................................................................ $165.00/Hour
Professional Engineer 3 ............................................................................... $160.00/Hour
Professional Engineer 2 ....................................................................... ........ $155.00/Hour
DPW-B Eng . CSA, Long Form TF -Contingency (06-2022)
Page 8 of 9
EXHIBIT A
Professional Engineer 1 ............................................................................. .. $145.00/Hour
Assistant Engineer 3 .................................................................................... $125.00/Hour
Assistant Engineer 2 .................................................................................... $110.00/Hour
Assistant Engineer 1 .................................................................................... $105 .00/Hour
Professional Land Surveyor 2 ...................................................................... $155.00/Hour
Professional Land Surveyor 1 ...................................................................... $140.00/Hour
Assistant Surveyor ....................................................................................... $110.00/Hour
Land Services Technician ............................................................................ .. $95.00/Hour
Professional Landscape Architect. ............................................................... $127.00/Hour
Landscape Designer .................................................................................... $105.00/Hour
Design Technician ............................................................................ ........... $110.00/Hour
CAD Technician 3 .......................................................................................... $98.00/Hour
CAD Technician 2 .......................................................................................... $88.00/Hour
CAD Technician 1 ................................................................................... ....... $78.00/Hour
Environmental Consultant ............................................................ ................ $120.00/Hour
Construction Manager ................................................................................. $120.00/Hour
Construction Inspector** .............................................................................. $100.00/Hour
Construction Administrator ............................... .................... ......................... $85.00/Hour
Analyst ........................................................................................................... $90.00/Hour
Coordinator ........................... ...................................... ................................... $80.00/Hour
Administrative Assistant ................................................................................. $65.00/Hour
Aide ............................................................................................................... $58.00/Hour
Survey Party Mobilization .............................................................................. $80.00/Hour
1-Man Survey Party** .......................... ........................................................ $190.00/Hour
2-Man Survey Party** .................................................................................. $360.00/Hour
LiDAR Scanner ............................................................................................ $200.00/Hour
Equipment Rental and Associated Expense .................................................... Cost x 1.10
Materials, Printing, Subconsultant Procurement .............................................. Cost x 1.10
Mileage ............................... ............................................................... @ Current IRS Rate
** May be subject to change based upon revisions to the State of California Prevailing
Wage
DPW-8 Eng. CSA, Long Form TF -Contingency (06-2022)
Page 9 of 9
EXHIBIT A
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and Blair, Church & Flynn Consulting Engineers (Consultant)
South Peach Avenue Park
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1-Any Auto). If personal automobile coverage is used, the
City, its officers, officials, employees, agents, and volunteers are to be listed
as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant's profession.
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 ,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
Page 1 of 4
EXHIBIT B
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage .
3. WORKERS' COMPENSATLON 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) (iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(iv) $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 volunteers.
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 to on the Certificate of Insurance , and approved by, the City's Risk Manager
or designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects 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.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability 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
under the Commercial General Liability policy by use of ISO Forms or an
executed manuscript insurance company endorsement providing additional
insured status . The Commercial General endorsements must be as broad
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
Page 2 of 4
EXHIBIT B
as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20
37.
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 relating 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 .
T h e Workers ' Compensa tion insurance polic y 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 (Erro rs 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
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 for
review.
5. These requirements shall survive expiration or termination of the Agreement.
A ll p olicies of ins urance required herein shall be endorsed to provide that the coverage
shall not be cancelled , non-renewed, reduced in coverage or in limits except after thirty
calendar days 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
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
Page 3 of 4
EXHIBIT B
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 .
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by 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 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.
SUBCONTRACTORS -If the Consultant subcontracts any or all of the services to be
performed under this Agreement, the Consultant shall require , at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with
the City to provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement
is required, the Consultant will be solely responsible for ensuring that its subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
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.
DPW-B Eng. CSA, Long Form TF -Contingency (06-2022)
Page 4 of 4
EXHIBIT B
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
South Peach Avenue Park
PROJECT TITLE
YES* NO
Ix]Are you currently in litigation with the City of Fresno or any of its1 □agents?
[g]2 Do you represent any firm, organization or person who is in litigation □with the City of Fresno?
[X]Do you currently represent or perform work for any clients who do3 □business with the City of Fresno?
4 Are you or any of your principals, managers or professionals, owners
or investors in a business which does business with the City of 00□Fresno, or in a business which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers or professionals, related
by blood or marriage to any City of Fresno employee who has any (g]Dsignificant role in the subject matter of this service?
Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
6
Ix!□this Project?
* If the answer to any question is yes, please explain in full below.
Explanation : ___________
Item 3: BC&F performs work from ti me to time
for the follow ing entitles who may do business
with the City of Fresno:
Fresno Unified School District
Clovis Unified School District
Central Unified School District
Fresno County Office of Education
City of Clovis
Fresno Irrigation District
Fresno Metropolitan Flood Control District
County of Fresno
First Carbon Solutions
Carollo
Parsons
Si~
September 28, 2021
Date
Jeffrey D. Brians
(name)
Blair, Church & Flynn, Consulting Engineers
(company)
451 Clovis Avenue, Suite 200
(address)
Clovis, CA 93612
( city state zip)
Exhibit D
LOCATION MAP
Consultant Service Agreement between City of Fresno ("City'')
and Blair, Church & Flynn Consutting Engineers ("Consultant")
South Peach Avenue Park
PROJECT TITLE