HomeMy WebLinkAboutMelton Design Group, Inc. Agreement 07.27.2022-t�..77
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective on July 27, 2022, by and
between the CITY OF FRESNO, a California municipal corporation (City), and
MELTON DESIGN GROUP, INC., a California Corporation (Consultant).
RECITALS
WHEREAS, CITY desires to obtain professional Landscape Architect services for
the design of plans and general construction contract documents for Radio Park
Improvement Project (Project); and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as
a Landscape Architect and hereby represents that it desires to and is professionally
and legally capable of performing the services called for by this Agreement; and
WHEREAS, CONSULTANT acknowledges that this Agreement is subject to
the requirements of Fresno Municipal Code Section 4-107 and Administrative Order
No. 6-19, and
WHEREAS, this Agreement will be administered for CITY by its Public Works Department
Director (Director) or 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. Scol2e of Services. 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 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 CITY'S issuance of a written "Notice to Proceed," CITY contracts for the
services in Part One. 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 CITY'S issuance of a written "Notice to
Proceed." It shall, however, remain CONSULTANT'S offer to perform all remaining
parts described herein. In the event CONSULTANT performs services without
CITY'S prior written authorization, CONSULTANT will not be entitled to
compensation for such services.
(a) Part One. Schematic Design Phase.
(1) CONSULTANT shall review the description of the Project set forth in
Exhibit A and consult with designated representatives of CITY to
ascertain the requirements of the Project.
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(2) 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
CITY department/division that is available in CITY'S records and is
required by CONSULTANT in connection with the consulting
services including, but not limited to, maps, surveys, reports,
information, restrictions and easements. CONSULTANT shall notify
CITY if a topographic survey is required.
(3) CONSULTANT shall provide a preliminary evaluation of the Project
taking into consideration CITY'S estimate of the cost of construction
(Construction Budget) of Five Million Nine Hundred Thousand
Dollars ($5,900,000), including alternative approaches to design and
construction of the Project.
(4) Based upon the mutually agreed upon Project requirements and any
adjustments authorized by CITY in the Construction Budget,
CONSULTANT shall design and prepare schematic design drawings
and other documents for review, modification, if required, and
acceptance by CITY staff sufficient to show the concept and scope
of the proposed Project and the scale and relationship of Project
components.
(5) CONSULTANT shall submit a preliminary estimate of construction
cost for review and acceptance by CITY. As used herein,
"construction cost" means the cost of construction under the general
construction contract and does not include 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.
(6) CONSULTANT shall make as many submittals as may be necessary
or desirable to obtain the acceptance by CITY and shall assist 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
CITY.
(7) CONSULTANT may not rely upon any as-builts provided by CITY,
but shall investigate the existing conditions and ascertain the
adequacy of such as-builts for CONSULTANT'S design.
CONSULTANT shall bring to CITY'S attention any discrepancies in
the as-builts that are discovered by CONSULTANT. CITY makes no
representations regarding any as-builts.
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(8) Services shall be undertaken and completed in a sequence assuring
expeditious completion. All services shall be rendered, and
deliverables submitted within 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 CITY, shall be submitted to CITY within 42
calendar days from receipt of CITY'S comments unless an extension
of time is approved in writing by the Director.
(b) Part Two. Design Development 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,
CONSULTANT shall prepare for review and acceptance by 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,
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 CITY.
(2) CONSULTANT shall submit a revised estimate of construction cost
for review and acceptance by 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 1 as that which may be excluded from
the general construction contract, CITY shall have the option of
accepting or rejecting the revised estimate and CONSULTANT shall,
at no additional cost to 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
CITY. CITY shall not increase the scope of the Project except by
modification of this Agreement which shall include an agreed upon
increase in CONSULTANT'S compensation.
(4) CONSULTANT shall make as many submittals as may be necessary
or desirable to obtain the acceptance by CITY and shall assist CITY
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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
CITY.
(5) Services shall be undertaken and completed in a sequence assuring
expeditious completion. All services shall be rendered, and
deliverables submitted within 105 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 CITY, shall be submitted to CITY within 42
calendar days from receipt of CITY'S comments unless an extension
of time is approved in writing by the Director.
(c) Part Three. Construction Document Phase. After review and acceptance
of the design development phase and issuance of a written Notice to
Proceed with this Part Three:
(1) 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. 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 CITY.
CONSULTANT shall cooperate with, assist and be responsive to
CITY'S Purchasing Manager in preparation of all documents
including, without limitation, slip -sheeting final documents for printing
when requested. CITY'S Standard Specifications must be used by
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 CITY shall be used by
CONSULTANT unless the Director determines they would be
impractical for this Project. CONSULTANT shall be responsible for
assuring that the special conditions, technical specifications, and any
other documents prepared by CONSULTANT are consistent with
any documents regularly used by CITY that are used for this Project.
(2) Upon request of CITY, 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) CONSULTANT shall make as many submittals as may be necessary
or desirable to obtain the acceptance by CITY and shall assist CITY
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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 CITY.
(4) CONSULTANT shall provide CITY with two sets of completed plans
and one sets of completed specifications for review and final
acceptance by CITY. Should the plans and specifications as
submitted by CONSULTANT not be accepted by CITY,
CONSULTANT shall revise the plans and specifications as needed
to obtain final acceptance at no additional cost to CITY.
(5) After acceptance of final corrections, if any, CONSULTANT shall
provide CITY with one set of accepted reproducible tracings and bid
documents for the Project. In addition, CONSULTANT shall provide
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) CONSULTANT shall submit a final estimate of construction cost for
review and acceptance by CITY. Such estimate shall be calculated
as of the date all general construction contract documents are
delivered to 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 2 as that
which may be excluded from the general construction contract, CITY
shall have the option of accepting or rejecting the final estimate. If
CITY elects to reject the final estimate, CONSULTANT shall at no
additional cost to 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 CITY.
(8) Services shall be undertaken and completed in a sequence assuring
expeditious completion. All services shall be rendered, and
deliverables submitted within 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 CITY, shall be submitted to CITY within 60
calendar days from receipt of CITY'S comments unless an extension
of time is approved in writing by the Director.
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(d) Part Four. Bidding Phase. After review and acceptance of the construction
document phase and if CITY elects to proceed to bid, which shall constitute
a written Notice to Proceed with this Part Four:
(1) CONSULTANT shall assist CITY in obtaining bids. CONSULTANT
shall not communicate with potential bidders regarding this Project
without the express prior written authorization of CITY'S Purchasing
Manager.
(2) CONSULTANT shall, within seven calendar days of any request by
CITY, expeditiously draft and promptly provide addendum as
determined by 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 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, CONSULTANT shall, within 14
calendar days of any request by CITY, revise the plans and
specifications as may be necessary to stay within 10% of such final
estimate of construction cost, at no additional cost to CITY provided
such bid is received within 180 calendar days after completion of
services in Section 1(c) of this Agreement. CONSULTANT shall also
submit such revised plans and specifications, together with a new
final estimate of construction cost, to CITY for review and
acceptance. This procedure, using the latest accepted final estimate
of construction cost, shall, upon written notice to 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) Part Five. Construction Phase and General Construction Contract
Administration. 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 CITY'S designated Construction
Manager for the Project:
(1) CONSULTANT shall attend the pre -construction conference and, if
called upon by CITY, act on CITY'S behalf in discussing the various
aspects of the construction phase.
(2) CONSULTANT shall review and recommend in writing to 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 CONSULTANT review
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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 CITY,
CONSULTANT, and the general construction contractor.
(3) 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 CITY informed of the progress of the work. In the event that
CONSULTANT'S visit to the site results in the discovery of any defect
or deficiencies in the work of the general construction contractor,
CONSULTANT shall immediately advise CITY and document, in
writing, the work CONSULTANT deems substandard, and make
recommendations where appropriate to reject any work not
conforming to the intended design or specifications. Based on
CONSULTANT'S best knowledge, information and belief,
CONSULTANT shall provide 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,
CONSULTANT shall provide a written judgment of the acceptability
of the work for payment applications and final acceptance, subject to
CITY'S right to overrule CONSULTANT.
(4) Upon written request by CITY, CONSULTANT shall render
interpretations of the general construction contract documents
necessary for the proper execution or progress of the work.
(5) Upon written request by CITY, 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 CONSULTANT in favor of a change
order that is consequently accepted by CITY shall constitute
approval by CONSULTANT who shall then approve the change
order in writing. CONSULTANT shall not unreasonably withhold
written approval in the event CITY accepts a change order that
CONSULTANT recommended to be rejected. In the event of any
technical disputes, CONSULTANT shall provide CITY with
CONSULTANT'S written interpretation of the contract documents.
The period for 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 CITY, CONSULTANT, and
the general construction contractor. If CITY, CONSULTANT, and the
respective general construction contractor are unable to mutually
agree on such period for CONSULTANT review, then CITY will make
the determination and that determination will be final.
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(6) Upon written request by CITY, CONSULTANT shall provide such
design and specification services as may be requested by 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 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 CONSULTANT'S compensation.
(8) Upon written request of CITY, CONSULTANT shall assist CITY in
the preparation of Progress Payment Estimates and other related
construction reports.
(9) CONSULTANT shall provide 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) CONSULTANT shall prepare Record Drawings by updating the
accepted general construction documents in Part 3 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) CONSULTANT provided Request for Information responses, and
(iv) any CONSULTANT bulletins, amendments, or
clarifications. CONSULTANT shall provide CITY with one set of
vellum Record Drawings for the Project within 21 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 CITY, shall be submitted to CITY within 14
calendar days from receipt of CITY comments unless an extension
of time is approved in writing by the Director. In addition,
CONSULTANT shall provide CITY with one complete set of
CAD/System disk files of Record Drawings in the following format:
Adobe PDF.
2. CITY'S responsibilities. CITY will:
(a) Provide, upon request and cooperation of CONSULTANT, access to, and
make all provisions necessary to, enter upon public or private lands as
required for CONSULTANT to perform such services and inspections as
are required in development of the Project; provided, however, if CITY is
unable to obtain access to enter upon public or private lands,
CONSULTANT shall not be relieved from performing its services as to those
public and private lands that are accessible. If CONSULTANT notifies CITY
that a topographic survey is required by CONSULTANT in connection with
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the consulting services, then 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 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 CITY.
(f) Prepare all change orders during construction in cooperation with
CONSULTANT.
(g) Prepare all Progress Payment Estimates in cooperation with
CONSULTANT following its general assurance that the work covered by a
payment application meets the standards in the general construction
contract documents based upon 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.
(j) Give reasonably prompt consideration to all matters submitted by
CONSULTANT for acceptance to the end that there will be no substantial
delays in CONSULTANT'S program of work. For an acceptance, approval,
authorization, a request or any direction to CONSULTANT to be binding
upon CITY under the terms of this Agreement, such acceptance, approval,
authorization, request or direction must be in writing, duly authorized by
CITY and signed on behalf of CITY by the Director.
3. Compensation.
(a) CONSULTANT'S sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee of Five Hundred Twenty -Four Thousand Two Hundred Two Dollars
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($524,202), and a contingency amount not to exceed Forty Thousand
Dollars ($40,000) for any additional work rendered pursuant to Subsection
(d) below and authorized in writing by the Director. Such fees include all
expenses incurred by 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 CONSULTANT is
then engaged as provided in Section 3(c) below.
(c) For purposes of determining the division of the total compensation to
CONSULTANT as provided in Section 3(a) above or should performance of
any succeeding Part not be authorized by CITY as provided in Section 1 of
this Agreement, it is agreed that the total compensation shall be allocated
to the five Parts of CONSULTANT'S performance as follows: Part 1 — 26%,
Part 2 — 15%, Part 3 — 51 %, Part 4 — 2% and Part 5 — 6%. 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 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
CONSULTANT'S compensation. Any change in the scope of services must
be made by written amendment to the Agreement signed by an authorized
representative for each party. CONSULTANT shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment. 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, Termination. Remedies. Force Maieure and Consolidation of Disputes -
(a) This Agreement shall terminate without any liability of CITY to
CONSULTANT upon the earlier of: (i) CONSULTANT'S filing for protection
under the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against CONSULTANT; (ii) 7 calendar
days prior written notice with or without cause by CITY to CONSULTANT,
(iii) CITY'S non -appropriation of funds sufficient to meet its obligations
hereunder during any CITY fiscal year of this Agreement, or insufficient
funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
CONSULTANT shall (i) immediately stop all work hereunder; (ii)
immediately cause any and all of its subcontractors to cease work; and (iii)
return to CITY any and all unearned payments and all properties and
materials in the possession of CONSULTANT that are owned by CITY.
Subject to the terms of this Agreement, CONSULTANT shall be paid
compensation for services satisfactorily performed prior to the effective date
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of termination. CONSULTANT shall not be paid for any work or services
performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of CONSULTANT to satisfactorily
perform in accordance with the terms of this Agreement, CITY may withhold
an amount that would otherwise be payable as an offset to, but not in excess
of, CITY'S damages caused by such failure. In no event shall any payment
by CITY pursuant to this Agreement constitute a waiver by CITY of any
breach of this Agreement which may then exist on the part of
CONSULTANT, nor shall such payment impair or prejudice any remedy
available to CITY with respect to the breach.
(d) Upon any breach of this Agreement by CONSULTANT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) CONSULTANT shall provide CITY with adequate written assurances of
future performance, upon the request of the Director or designee, in the
event CONSULTANT fails to comply with any terms or conditions of this
Agreement.
(f) CONSULTANT shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of CONSULTANT and
without its fault or negligence such as, acts of God or the public enemy, acts
of CITY in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. CONSULTANT shall notify 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) 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 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. 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
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or proceeding necessary to effectuate the joinder and consolidation
contemplated by this provision.
5. Confidential Information. Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by
CONSULTANT pursuant to this Agreement shall not be made available to
any individual or organization by CONSULTANT without the prior written
approval of CITY. During the term of this Agreement, and thereafter,
CONSULTANT shall not, without the prior written consent of CITY, disclose
to anyone any Confidential Information. The term Confidential Information
for the purposes of this Agreement shall include all proprietary and
confidential information of CITY, including but not limited to business plans,
marketing plans, financial information, designs, drawings, specifications,
materials, compilations, documents, instruments, models, source or object
codes and other information disclosed or submitted, orally, in writing, or by
any other medium or media. All Confidential Information shall be and
remain confidential and proprietary in CITY.
(b) Any and all original sketches, pencil tracings of working drawings, plans,
computations, specifications, computer disk files, writings and other
documents prepared or provided by CONSULTANT pursuant to this
Agreement are the property of CITY at the time of preparation and shall be
turned over to CITY upon expiration or termination of the Agreement or
default by CONSULTANT. CONSULTANT grants CITY a copyright license
to use such drawings and writings. CONSULTANT shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein. CITY may modify the design including any
drawings or writings. Any use by CITY of the aforesaid sketches, tracings,
plans, computations, specifications, computer disk files, writings and other
documents in completed form as to other projects or extensions of this
Project, or in uncompleted form, without specific written verification by
CONSULTANT will be at CITY'S sole risk and without liability or legal
exposure to CONSULTANT. CONSULTANT may keep a copy of all
drawings and specifications for its sole and exclusive use.
(c) If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as CONSULTANT represents to CITY that
CONSULTANT and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, CITY relies upon the
skill of CONSULTANT and any subcontractors to do and perform such services in
a skillful manner and CONSULTANT agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
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services by CITY shall not operate as a release of CONSULTANT or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall
indemnify, hold harmless and defend CITY and and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of CONSULTANT, its
principals, officers, employees, agents or volunteers in the performance of this
Agreement.
If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall require each subcontractor
to indemnify, hold harmless and defend CITY and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by
CITY'S Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to CITY, its officers, officials, employees, agents,
and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the
named insured.
(b) If at any time during the life of the Agreement or any extension,
CONSULTANT or any of its subcontractors/sub-consultants fail to maintain
any required insurance in full force and effect, all services and work under
this Agreement shall be discontinued immediately, and all payments due or
that become due to CONSULTANT shall be withheld until notice is received
by CITY that the required insurance has been restored to full force and
effect and that the premiums therefore have been paid for a period
satisfactory to CITY. Any failure to maintain the required insurance shall be
sufficient cause for CITY to terminate this Agreement. No action taken by
CITY pursuant to this section shall in any way relieve CONSULTANT of its
responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
DPW-S 29.1 /06-21-2022
-13-
CITY that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by CONSULTANT shall not be deemed
to release or diminish the liability of CONSULTANT, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify CITY shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by
CONSULTANT. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of
CONSULTANT, its principals, officers, agents, employees, persons under
the supervision of CONSULTANT, vendors, suppliers, invitees, consultants,
sub -consultants, subcontractors, or anyone employed directly or indirectly
by any of them.
(d) If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the CITY and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with CONSULTANT and CITY prior to the commencement of any services
by the subcontractor. CONSULTANT and any subcontractor/sub-
consultant shall establish additional insured status for CITY, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non -Solicitation.
(a) Prior to CITY'S execution of this Agreement, CONSULTANT shall complete
a City of Fresno conflict of interest disclosure statement in the form as set
forth in Exhibit C. During the term of this Agreement, CONSULTANT shall
have the obligation and duty to immediately notify CITY in writing of any
change to the information provided by CONSULTANT in such statement.
(b) CONSULTANT shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.), the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to
Compete). At any time, upon written request of CITY, CONSULTANT shall
DPW-S 29.1 /06-21-2022
-14-
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, CONSULTANT and the respective
subcontractor(s) are in full compliance with all laws and regulations.
CONSULTANT shall take, and require its subcontractors to take,
reasonable steps to avoid any appearance of a conflict of interest. Upon
discovery of any facts giving rise to the appearance of a conflict of interest,
CONSULTANT shall immediately notify CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder,
CONSULTANT shall not employ or retain the services of any person while
such person either is employed by CITY or is a member of any CITY council,
commission, board, committee, or similar CITY body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) CONSULTANT represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit
or procure this Agreement or any rights/benefits hereunder.
(e) Neither CONSULTANT, nor any of CONSULTANT'S subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project. CONSULTANT and any of its
subcontractors shall have no interest, direct or indirect, in any other contract
with a third party in connection with this Project unless such interest is in
accordance with all applicable law and fully disclosed to and approved by
the City Manager, in advance and in writing.
(f) If CONSULTANT should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, CONSULTANT
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
% Recycling Program. In the event CONSULTANT maintains an office or operates
a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, CONSULTANT at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by CITY'S Solid Waste Management Division, for each
office and facility. Literature describing CITY recycling programs is
available from CITY'S Solid Waste Management Division and by calling City
of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact CITY'S Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
DPW-S 29.1 /06-21-2022
-15-
(c) Cooperate with and demonstrate to the satisfaction of CITY'S Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of CITY
within the body of this Agreement, and not otherwise specifically provided
for, shall be effective only if signed by the Director or designee.
(b) Records of CONSULTANT'S expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to
CITY or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of CONSULTANT pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to CITY until such action is resolved, or until the end of said time
period whichever shall later occur. If CONSULTANT should subcontract all
or any portion of the services to be performed under this Agreement,
CONSULTANT shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11(b) shall survive expiration
or termination of this Agreement.
(c) Prior to execution of this Agreement by CITY, CONSULTANT shall have
provided evidence to CITY that CONSULTANT is licensed to perform the
services called for by this Agreement (or that no license is required). If
CONSULTANT should subcontract all or any portion of the work or services
to be performed under this Agreement, CONSULTANT shall require each
subcontractor to provide evidence to CITY that subcontractor is licensed to
perform the services called for by this Agreement (or that no license is
required) before beginning work.
(d) CONSULTANT'S services pursuant to this Agreement shall be provided
under the supervision of Greg Melton, and he/she shall not assign another
to supervise 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, CONSULTANT shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, CONSULTANT agrees as follows:
DPW-S 29.1 /06-21-2022
-16-
(a) CONSULTANT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) CONSULTANT will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. CONSULTANT shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to CONSULTANT'S
employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provision of this nondiscrimination clause.
(c) CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of CONSULTANT in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) CONSULTANT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of CONSULTANT'S commitment under this section and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(e) If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSULTANT is acting
solely as an independent contractor. Neither CONSULTANT, nor any of its
DPW-S 29.1 /06-21-2022
-17-
officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner or associate of CITY for any purpose. CITY shall
have no right to control or supervise or direct the manner or method by
which CONSULTANT shall perform its work and functions. However, CITY
shall retain the right to administer this Agreement so as to verify that
CONSULTANT is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
CONSULTANT and CITY. CONSULTANT shall have no authority to bind
CITY absent CITY'S express written consent. Except to the extent
otherwise provided in this Agreement, CONSULTANT shall bear its own
costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, CONSULTANT and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to CITY employees.
CONSULTANT shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement,
CONSULTANT shall be solely responsible, indemnify, defend and save
CITY harmless from all matters relating to employment and tax withholding
for and payment of CONSULTANT'S employees, including, without
limitation, (i) compliance with Social Security and unemployment insurance
withholding, payment of workers' compensation benefits, and all other laws
and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in CITY employment benefits,
entitlements, programs and/or funds offered employees of CITY whether
arising by reason of any common law, de facto, leased, or co -employee
rights or other theory. It is acknowledged that during the term of this
Agreement, CONSULTANT may be providing services to others unrelated
to CITY or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
DPW-S 29 1 /06-21-2022
-18-
16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no
assignment by CONSULTANT of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by CONSULTANT, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) CONSULTANT hereby agrees not to assign the payment of any monies due
CONSULTANT from CITY under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). CITY retains the right to pay any
and all monies due CONSULTANT directly to CONSULTANT.
17. Compliance With Law_. In providing the services required under this Agreement,
CONSULTANT shall at all times comply with all applicable laws of the United
States, the State of California and CITY, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorne '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,
DPW-S 29 1 /06-21-2022
-19-
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 Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both CITY and CONSULTANT.
[Signatures follow on the next page]
DPW-S 29.1 /06-21-2022
-20-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Randall Morrison. P.E.,
Assistant Director
Department of Public Works
ATTEST:
TODD STERMER, CIVIC
City Clerk
By: J
At CJLAS
-Deputy—
No signature of City Attorney required.
Standard Document #DPW-S 29.1/
10-2021 has been used without
modification, as certified by the
undersigned
By: L,
Tim Groh
Project Manager
Public Works Department
REV WEI� B
(L-.:-
Fraricisco MaOs, PE, Manager
Public Works Department
Addresses:
CITY:
City of Fresno
Attention: Tim Groh,
Project Manager
2101 G Street, Building C
Fresno, CA 93706
Phone: (559) 621-1213
FAX: (559) 457-1155
DPW-S 29.1 106-21-2022
-21-
MELTON DESIGN GROUP, INC
A Californi'Corporation
By: /
Name:
Title: r
[If corpora LLC., Board
Chair, P s. or Vice Pre .j
By 0
Name:
Title: �
(if corporation or LLC., C D, Treasurer,
Secretary or Assistan cretar
Any Applica le Professional License:
Number:
Name: M^
Date of Issuanob:
CONSULTANT:
Melton Design Group, Inc.
Attention: Greg Melton,
CEO/President
820 Broadway Street
Chico, CA 95928
Phone: 530-899-1616
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
DPW-S 29.1 /06-21-2022
-22-
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Melton Design Group, Inc. (Consultant)
Radio Park Improvement Promect
PROJECT DESCRIPTION
The City of Fresno Parks, After School, Recreation and Community Services (PARCS)
Department has received Prop 68 Grant Funding for the rehabilitation of Radio Park
located at 2233 North First Street. The existing park is approximately 5.5 acres. The
Consultant shall develop full schematic, design development and contract documents
based on the conceptual design that was submitted with the Prop 68 Grant Application
and is attached hereto as Exhibit D. The project shall include new amenities such as a
spray park, playgrounds, restroom facilities, picnic pavilion, shade structure, parking lot
improvements, landscape & irrigation improvements, playfield renovation, concrete stage
at the Museum of Art, security camera system, fencing for artwork displays and a
monument sign.
SCOPE OF SERVICES
Part One - Schematic Design
Once the Notice to Proceed for Part One is issued, the CONSULTANT shall
proceed with 30% design development which shall also include:
• Engage with the owner and start the process of design development to
determine the needs and limitations of the park rehabilitation.
Develop construction documents (plans and specifications)
Confirm utilities and drainage on plans and onsite per City survey
Identify all elements onsite that are to remain and to be removed.
Base Map using new topographic survey from City of Fresno.
Coordination meetings with both Information Systems Department and
City of Fresno Public Utility Department for future well needs and tower
access needs.
Client / Team meeting to discuss Scope of Work, design needs and
specific desires for the project.
Create Schematic Design plan with two (2) alternatives and preliminary
Cost Estimate.
Prepare and conduct Public Outreach to gain consensus on design and
program.
■ 3D Color Renderings and Perspectives of key elements. (4 views)
• Finalize Schematic Design and Cost Estimate.
■ Submittal from all consultants
Preliminary Detail / Finishes - Photos
DPW-S 29.1 /10-2021
Page 1 of 3
Part One Deliverables
• Schematic design drawings
■ Preliminary Estimate of construction costs.
Part Two - Design Development Tasks
Once the Notice to Proceed for Part Two is issued, the CONSULTANT shall
proceed with 60% design development which shall also include:
• Demolition Plan
■ Grading and drainage plan
• Construction plans that include Art project areas, Decorative Artistic
Fencing,
Restroom J Storage buildings
• Electrical and Lighting Plans including one -line diagram, new camera
system, confirm existing electrical services are sufficient to support
proposed improvements. Submit application to PG&E for any needed
service upgrades.
• Provide geotechnical reports for restroom slab, play equipment and
parking area and key foundation areas
• Provide structural necessary structural calculations for footings for play,
walls and entry monumentation.
■ Provide irrigation plan with complete water use information including all
water use calculations for all planting areas. (two-day watering system)
■ Provide water use calculations identifying maximum applied water
allowance and quantity of water use.
• Develop water use schedule with seasonal adjustments along with
estimated water use calculations.
• AB 1881 certificate of completion at end of project.
• Identify all proposed plant species, water use, size, and type.
• Coordinate with Tree Fresno for additional tree material available.
■ Provide updated cost estimates.
• Submit to the City's Planning & Development/Building & Safety
Department for review.
Part Two Deliverables
■ Min. 60% Construction Plans.
• Min. 60% Specifications
■ Cut Sheets for materials
■ Refined Estimate of construction costs.
• Submit to the City's Planning & Development/Building &
Safety Department for review.
DPW-S 29 1 /10-2021
Page 2 of 3
Part Three — Construction Document Phase
Once the Notice to Proceed for Part Three is issued, the CONSULTANT shall
proceed with 90% construction document phase which shall also include:
• Finalize construction bid documents.
• Obtain plan approval from the City's Planning & Development/Building
& Safety Department.
• Finalize project specifications including bid item descriptions for items
specific to the project.
• Provide final engineers cost estimate.
Part Four — Bidding Phase
Once the Notice to Proceed for Part Four is issued, the CONSULTANT shall
proceed with Bidding Phase which shall also include:
■ Attend pre -bid conference.
■ Review bids with Parks and Recreation to verify that they conform to
standards set forth in the specifications of the Project.
Part Five — Construction Phase and General Construction Contract
Administration
The Construction Phase and General Contract Administration phase will begin with
the award of the general construction contract, which constitute a written Notice to
Proceed with Part Five and include:
• Provide AB 1881 certification of compliance documentation.
■ Assist in creation of punch -list
• Play equipment certifications.
TERM OF AGREEMENT AND TIME FOR PERFORMANCE
The CONSULTANT is listed on the CITY OF FRESNO'S "on call" or "on demand" list for
Consultant Services.
This Agreement shall be effective shall continue in full force and effect through the earlier
of complete rendition of the services hereunder or three (3) calendar years from effective
date above, subject to any earlier termination in accordance with this Agreement.
DPW-S 29.1 /10-2021
Page 3 of 3
Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno
(CITY) and [Consultant Name] (CONSULTANT)
Radio Park Improvement Project
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General
Liability policy shall be written on an occurrence form and shall provide
coverage for "bodily injury," "property damage" and "personal and
advertising injury" with coverage for premises and operations (including
the use of owned and non -owned equipment), products and completed
operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less
than those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA
00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence
form and shall provide coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1- Any Auto). If personal
automobile coverage is used, the CITY, its officers, officials, employees,
agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits
of liability of not less than those set forth below. However, insurance limits available to
CITY, its officers, officials, employees, agents and volunteers as additional insureds,
shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
DPW-S 29.1 /10-2021
Page 1 of 4
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the
State of California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $2,000,000 per claim/occurrence; and,
(ii) $4,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form"
and afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self- insured retentions. Any deductibles or self -insured retentions
must be declared to on the Certificate of Insurance, and approved by, the CITY'S Risk
Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her
designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects CITY, its officers, officials,
employees, agents and volunteers; or
CONSULTANT shall provide a financial guarantee, satisfactory to
CITY'S Risk Manager or his/her designee, guaranteeing payment
of losses and related investigations, claim administration and
defense expenses. At no time shall CITY be responsible for the
payment of any deductibles or self- insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance Qoficies are to contain, or be
endorsed to contain, the following provisions:
CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed
DPW-S 29.1 /10-2021
Page 2 of 4
operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10
01 and CG 20 37 10 01 or by an executed manuscript insurance
company endorsement providing additional insured status as broad as
that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, CONSULTANT'S insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees,
agents and volunteers shall be excess of CONSULTANT'S insurance
and shall not contribute with it. CONSULTANT shall establish primary
and non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO
Form CG 20 01 04 13.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain,
the following provision: CONSULTANT and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability Errors and Omissions insurance policy is written on a
claims -made form:
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the Agreement work or termination of the
Agreement, whichever occurs first, or, in the alternative, the policy shall be
endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a retroactive date priorto the effective date of the Agreement
or the commencement of work by CONSULTANT, CONSULTANT must purchase
"extended reporting" coverage for a minimum of five (5) years completion of the
Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement. All
policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non -renewed, reduced in coverage or in limits
except after thirty (30) calendar days written notice by certified mail, return receipt
requested, has been given to CITY. CONSULTANT is also responsible for
providing written notice to the CITY under the same terms and conditions. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal,
or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new
DPW-S 29.1 /10-2021
Page 3 of 4
certificate and applicable endorsements for such policy(ies). In the event any
policy is due to expire during the work to be performed for CITY, CONSULTANT
shall provide a new certificate, and applicable endorsements, evidencing renewal
of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy.
Should any of the required policies provide that the defense costs are paid within
the Limits of Liability, thereby reducing the available limits by any defense costs,
then the requirement for the Limits of Liability of these polices will be twice the
above stated limits.
The fact that insurance is obtained by CONSULTANT shall not be deemed to
release or diminish the liability of CONSULTANT, including, without limitation,
liability under the indemnity provisions of this Agreement. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
CONSULTANT. Approval or purchase of any insurance contracts or policies shall
in no way relieve from liability nor limit the liability of CONSULTANT, its principals,
officers, agents, employees, persons under the supervision of CONSULTANT,
vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or
anyone employed directly or indirectly by any of them.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY'S Risk Manager or his/her designee prior
to CITY'S execution of the Agreement and before work commences. All non -ISO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately
furnish City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate side agreement
with the City to provide required indemnification and insurance protection. Any required
side agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by CITY Risk Manager or designee. If no side agreement is
required, CONSULTANT shall require and verify that subcontractors maintain insurance
meeting all the requirements stated herein and CONSULTANT shall ensure that CITY, its
officers, officials, employees, agents, and volunteers are additional insureds. The
subcontractors' certificates and endorsements shall be on file with CONSULTANT, and
CITY, prior to commencement of any work by the subcontractor.
DPW-S 29.1 /10-2021
Page 4 of 4
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Radio Park Im rovement Project
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of its
❑
�4
agents?
2
Do you represent any firm, organization, or person who is in litigation
❑
with the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
business with the City of Fresno?
4
Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with the City
❑
of Fresno, or in a business which is in litigation with the City of
Fresno?
5
Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee who
❑
has any significant role in the subject matter of this service?
6
Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
❑
this Project?
Ii�
* If the answer to any question is yes, please explain in full below.
Explanation:
❑ Additional page(s) attached.
Signatur
a
Date
6 r r(-e 4
(Name)
(Company)
(Address)
(City StateZip)