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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective on April 28 , 2022 ,
by and between the CITY OF FRESNO, a California municipal corporation (the City), and
Wallace, Roberts, and Todd, a Limited Liability Company (the Consultant).
RECITALS
WHEREAS, the City desires to obtain professional planning and environmental planning
services for the Tower District Specific Plan Update (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
professional planning firm 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 Planning and
Development Director (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants·, conditions,
and premises 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 to the satisfaction of the City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Ag reement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through December 31, 2024, subject to any earlier termination in
accordance with this Agreement. The services of the Consultant as described in
Exhibit A are to commence upon the Effective Date and shall be completed in a
sequence assuring expeditious completion, but in any event, all such services shall
be completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant's compensation for satisfactory performance of all services
required or rendered pursuant to this Agreement shall be a total fee not to
exceed $400,000, paid on the basis of the rates set forth in the schedule of
fees and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of the City
business. The City shall not be obligated to reimburse any expense for
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which it has not received a detailed invoice with applicable copies of
representative and identifiable receipts or records substantiating such
expense.
(c) 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.
4. Termination, Remedies and Force Majeure.
(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.
(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
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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 Administrator's request, in the event the
Consultant fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Consultant shall notify Administrator 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 Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents .
(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 Administrator. 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, 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 writings and 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. The Consultant shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein.
(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
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the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8 . Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
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
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cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. The Consultant and any subcontractor/sub-consultant
shall establish additional insured status for the City, its officers, officials,
employees, agents, and volunteers by using Insurance Service Office (ISO)
Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by
an executed manuscript company endorsement providing additional
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.) and the
regulations of the Fair Political Practices Commission concerning disclosure
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and disqualification (2 California Code of Regulations Section 18700 et.
seq.). 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,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. 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. Notwithstanding
any approval given by the City Manager under this provision, the Consultant
shall remain responsible for complying with Section 9(b ), above.
(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.
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(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(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 Administrator or
designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should subcontract
all or any portion of the services to be performed under this Agreement, the
Consultant shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11 (b) shall survive expiration
or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
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.
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:
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(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting
solely as an independent contractor. Neither the Consultant, nor any of its
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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 . 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. B indi ng. 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.
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16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by the Consultant, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due
the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay
any and all monies due the Consultant directly to the Consultant.
17. Compliance Wi th Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18 . Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Head i ngs. 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. Severab ility. 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. Inte rpretati on. 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,
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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 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 THE NEXT PAGE.]
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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,
a California municipal corporation
Oocus·1gne<1 by:
By : §u c£.)-.________
~®l ark
Director
No signature of City Attorney required.
Standard Document ALL-S GCS Agt
Not to Exceed (03-2022) has been used
without modification, as certified by the
undersigned.
Byfs~sls;~-.latos
Planning Manager
ATTEST:
TODD STERMER, CMC
City Clerk
DocuS lgned by:
By : ~~
F9ABC6856CCF424 -.
Deputy
Addresses :
CITY:
City of Fresno
Attention: Sophia Pagoulatos,
Planning Manager
2600 Fresno Street, Suite 3065
Fresno, CA 93721
Phone: (559) 621-8062
E-mail: sophia.pagoulatos@fresno.gov
Attachments:
1. Exhibit A -Scope of Services
2. Exhibit B -Insurance Requirements
Wallace, Roberts, and Todd, LLC .
DocuS!gnod by:
By : ~i.14, bikks
28C80F476AA643E...
Name: John Gibbs
Title: WRT Principal
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:--------------
Name :
Title :
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: PLA #4417 -----
Name: John Gibbs
Date of Issuance: 6/2000
CONSUL TANT:
WRT, LLC
Attention: Peter Winch, AICP
4 78 Tehama Suite 2B
San Francisco, CA 94103
Phone: 415.575.4722
E-mail: pwinch@wrtdesign.com
3. Exhibit C -Conflict of Interest Disclosure Form
-12-
ALL-S GCS Agt Not to Exceed (03-2022)
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (the City)
and Wallace, Roberts, and Todd, LLC (the Consultant)
Tower District Specific Plan Update
7
ALL-S GCS Agt Not to Exceed (03-2022) Page 1 of 2
Tower District Specific Plan Update
WRT Proposed Scope of Work I April 15, 2022
We have structured the Project budget and scope of work described below, to adhere to available
funding totaling of $400,000. However, we have provided a number of scope enhancements which are
highly recommended, and we believe are important for making the Specific Plan an effective
implementation tool and bring additional rigor to the planning process. We look forward to discussing
and prioritizing these enhancements with City staff.
Suggested scope enhancements appear in blue.
TASK 1: PROJECT INITIATION AND MANAGEMENT
Task 1.1: Project Kickoff
The WRT Team will participate virtually in a kickoff meeting with City Staff. The meeting will give us an
opportunity to discuss background and priorities for the Specific Plan Update, overall work plan,
schedule, and deliverables, and communication protocols.
Task 1.2: District Tour
Members of the Team including WRT, Urban Diversity Design, CHS, Citythinkers, Dan Zack, and Craft
Development will convene in Fresno for a tour of the Tower District to be led by Staff. The tour will be
followed by an initial working session.
Task 1.3: Background Document Review, Base Map and Templates
The Team will review relevant background materials provided by the City, including the current Specific
Plan, the Olive Avenue Streetscape Project, the Fresno General Plan, the Development Code, the Parks
Master Plan, Active Transportation Plan and others. WRT will create a GIS base map for analysis and the
creation of plan graphics, using data provided by the City. Document templates for presentations and
reports will also be created.
Task 1.4: Regular Meetings
The WRT Team will participate in regular virtual meetings with City Staff. We anticipate biweekly
meetings during active work periods during the analysis and plan development phases. Members of the
larger Team will participate strategically. Senior LSA personnel will be available throughout the
environmental review period to meet with the project team to gather information, review progress, review
preliminary findings, discuss staff comments, offer input into discussions on project modifications, and
consult on CEOA procedural matters.
Task 1.4A: Additional Regular Meetings -SCOPE ENHANCEMENT
Additional meetings will be required to support the enhanced scope of work.
Task 1.5: Project Management
WRT and Team members will do ongoing project management including contract management, work
planning and scheduling, invoicing, team coordination, and quality assurance.
Task 1.SA: Additional Project Management -SCOPE ENHANCEMENT
Page 1 of 16
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Additional project management will be required to support the enhanced scope of work.
Task 1 Meetings:
• Project Kick-off meeting
• District tour and working session
• Regular meetings with City Staff (biweekly during active periods of work)
• Additional regular meetings with City Staff with additional scope -SCOPE ENHANCEMENT
Task 1 Deliverables:
• Meeting agendas and notes
• Refined scope of work, budget and contract amendments (as needed)
• Ongoing project schedule updates
• Monthly invoices
• Base map
• Presentation and report templates
TASK 2: COMMUNITY OUTREACH & ENGAGEMENT
WRT + Urban Diversity Design + Every Neighborhood Partnership
Task 2.1: Community Engagement Plan
Urban Diversity Design (UDD) will develop a community engagement plan and stakeholder list, in
consultation with City Staff. The Plan is anticipated to include the components below.
Task 2.2: Tower District Specific Plan Implementation Committee Meetings
WRT and UDD will make presentations and facilitate discussions with the Tower District Specific Plan
Implementation Committee. We anticipate a total of 8 meetings, potentially in a sequence as follows:
• Vision ing and community engagement plan
• Existing conditions, opportunities and constraints (2)
• Community feedback (Phase 1 engagement)
• Draft strategies (2)
• Community feedback (Phase 2)
• Draft Specific Plan Update
UDD will be present at Implementation Committee meetings and will provide notes from each meeting.
WRT will participate remotely. Other members of the T earn w i ll also participate remotely to help present
specific material.
Task 2.3: Stakeholder Meetings
UDD and WRT will conduct one day of meetings with stakeholders to understand critical perspectives .
Stakeholders may include :
• Residents' representatives • Tower Community Alliance
• South Tower CDC • Fresno Community College
Page 2 of 16
• Property owners • Informal food vendors and street
• Councilmembers' offices vendors
• Community Liaisons@ Mayor's office • Arts community
• City departments • Tower District event organizers
• Area-engaged CBO's • School districts
• Developers
Craft Development will establish strategy and approach to developer interviews and conduct interviews.
UDD will provide a clear and comprehensive summary of stakeholder feedback.
Task 2.4: City-led Outreach
Outreach through a variety of means will be critical to broaden community engagement in the Specific
Plan Update. As a base task, WRT will provide digital outreach materials and the WRT Team's local
engagement partner (Every Neighborhood Partnership) will assist City Staff by sending e-blasts and social
media posts to publicize events .
City Staff will otherwise fully lead outreach activities . These may include mailers, translation, mobile
booths at foot traffic locations, social media, newsletters, project webpage, street signs and/or banners,
e-blasts, etc.
Task 2.4A: Outreach Coordination -SCOPE ENHANCEMENT
As an optional task, UDD will take responsibility for organizing and leading all aspects of outreach
identified in Task 2.4.
Task 2.5: Pop-Ups at Community Events (3) -SCOPE ENHANCEMENT
As an enhanced scope item , UDD will plan and lead up to three "pop-up" engagements at community
events chosen to give the Plan visibility to a broad audience. WRT will provide graphic materials in digital
format and UDD will cover production tasks. The City will cover printing costs.
If additional pop-ups are desired, these will be planned and conducted by City Staff.
Task 2.6: Community Workshop
UDD and WRT will plan, lead, and facilitate one community workshop, allowing community members to
gain an understanding of issues and opportunities and to share their vision and priorities for the District.
ENP will help with outreach and facilitation. We anticipate this workshop will be best timed to present
preliminary findings and gauge support for alternative Plan approaches.
Task 2.6A: Additional Community Workshop -SCOPE ENHANCEMENT
UDD and WRT will plan, lead, and facilitate one additional community workshop. We anticipate this
workshop may be most valuable as an open-house style presentation of the Draft Plan, to gain feedback
on refinements and build support and champions of Plan implementation.
Task 2.7: Online Survey-SCOPE ENHANCEMENT
UDO , with support from WRT, will design and execute an online survey to gauge residents' vision and
priorities for the District. The survey will use a low-cost, easy-to-use online surv ey platform.
In a "base scope" scenario, the City may take responsibility for an on line survey.
Page 3 of 16
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Task 2.7A: In-Person Survey (Mobile Booths) -SCOPE ENHANCEMENT
As an optional task, UDD will also produce an in-person survey to be conducted at mobile booths These
may be best coordinated with pop-ups.
Task 2.8: Walk/Bike Audits in Targeted Areas (2) -SCOPE ENHANCEMENT
Walk and bike audits can provide a creative, on-the-ground way for City Staff, members of the Consultant
Team and community members to identify issues and opportunities in the physical environment. As an
optional task, we propose two events:
• A bike audit would be led by CHS with support from the Fresno County Bicycle Coalition,
designed to identify issues of comfort and safety for biking, and potential solutions.
• A walk audit of the Olive Avenue commercial district would focus on issues and opportunities
from a pedestrian perspective in the District's commercial core.
CHS and WRT, respectively, will summarize feedback from the audits in clear memo form.
Task 2.9: Youth Engagement -SCOPE ENHANCEMENT
The current Specific Plan was adopted in 1991; many neighborhood youth from that time are now,
potentially, longtime residents with families and businesses in the Tower District. The Specific Plan
Update offers a chance for today's youth to have a say in what their neighborhood will be like in the
decades to come. WRT would lead one community design summit with local youth, with organizational
support from UDD. WRT will summarize feedback from the youth event in clear memo form.
Task 2.10: Tactical Urbanism -SCOPE ENHANCEMENT
"Tactical urbanism" refers to low-cost, temporary interventions that can be used to test and build support
for changes to the built environment. WRT would lead one tactical intervention that could include
temporary pedestrian enhancements and temporary activation on a potential development site. WRT will
summarize feedback from the tactical urbanism event in clear memo form.
Task 2.11: Community Education Lecture Series -SCOPE ENHANCEMENT
Craft Development would conduct a day-long series of "Building Small" lectures to elevate community
thinking about development and showcase examples from beyond Fresno that may be relevant. Craft will
provide presentations.
Task 2 Meetings:
• Tower District Specific Plan Implementation Committee (TDSPAC) meetings (9)
• Stakeholder meetings (1 day)
• Pop-Ups at Community Events (3) -SCOPE ENHANCEMENT
• Community Workshop
• Additional Workshop -SCOPE ENHANCEMENT
• In-Person Survey at Mobile Booths -SCOPE ENHANCEMENT
• Walk Audit -SCOPE ENHANCEMENT
• Bike Audit -SCOPE ENHANCEMENT
• Youth Community Design Summit -SCOPE ENHANCEMENT
• Tactical Urbanism Event -SCOPE ENHANCEMENT
• "Building Small" Lecture Series -SCOPE ENHANCEMENT
Task 2 Deliverables:
Page 4 of 16
• TDSPAC meeting presentations and notes
• Stakeholder meeting presentation, discussion prompts and notes
• Pop-up engagement materials (digital and hard copy) -SCOPE ENHANCEMENT
• Community workshop materials (digital and hard copy)
• Materials for additional community workshop -SCOPE ENHANCEMENT
• Online survey instrument (digital) -SCOPE ENHANCEMENT
• Materials for physical survey-SCOPE ENHANCEMENT
• Materials for bike and walk audits -SCOPE ENHANCEMENT
• Materials for youth community design summit -SCOPE ENHANCEMENT
• Materials for tactical urbanism event -SCOPE ENHANCEMENT
• Presentations for "Building Small" lecture series -SCOPE ENHANCEMENT
TASK 3: LAND USE & ZONING
WRT + Zack Urban Solutions + Citythinkers
Task 3.1: Land Use & Zoning Analysis
With existing land use, General Plan, zoning and historic district layers provided by the City, WRT will
conduct mapping analysis of the land use composition and regulatory context of the District. The analysis
will reveal the relationship between the built environment, areas of critical character preservation and
development opportunities.
Zack Urban Solutions will complement this analysis with a detailed review of zoning and historic district
regulations and evaluate specific potential changes that would support desired outcomes. These will
include evaluation of maximum permitted density in the CMS (Commercial Main Street) district;
consideration of changes to zoning in historic areas; application of the NR (Neighborhood Revitalization)
Overlay District; and consideration of how accessory units or other compatible residential infill may be
incentivized in certain locations.
Task 3.1 A: Neighborhood Identity Study -SCOPE ENHANCEMENT
WRT will consider the District from an experiential perspective to identify character areas and reveal
potential for the development of identity in neighborhood units and corridors. This study will be
expressed in the form of a neighborhood character map diagram and supporting images.
Task 3.2: Land Use & Zoning Recommendations, Preferred Plan and Buildout Analysis
Based on the land use, zoning and neighborhood analysis (above) as well as recommendations from
other elements of this scope of work pertaining to the Olive Avenue commercial core (Task 4),
development opportunities at catalyst sites (Task 5), historic preservation (Task 6), and health and equity
(Task 7), WRT and Zack will make a set of specific recommendations for land use and zoning changes in
the District. These will be provided in a memo form and include maps of proposed land use and zoning
changes and summary of proposed new or augmented standards.
Task 3.3: Land Use Alternatives and Land Use Concept 3D Massing Views -SCOPE ENHANCEMENT
If the City determines that the Specific Plan Update would benefit from community consideration of
alternative land use concepts, the WRT Team would generate up to three concepts for land use change.
Citythinkers would develop 3D massing renderings that depict these concepts. The concepts/ renderings
may be used as a community engagement tool .
Page 5 of 16
Task 3.4: Infrastructure Analysis, Capacity and Needs -SCOPE ENHANCEMENT
To support an understanding of existing conditions, Provost & Pritchard will :
• Review City of Fresno GIS mapping (lview Fresno) for water, sewer, storm drainage and street
information;
• Request maps and information from FMFCD, FID (Dry Creek No. 75), and other utility service
providers in the area, including electrical, gas & communication facilities;
• Meet with stakeholder group to identify known issues and concerns
• Provide summary memo of existing infrastructure; and
• Provide exhibit map of consolidated utilities (assumed one 11x17), if necessary .
P&P will then analyze backbone water, sewer and storm drain capacity analysis for proposed
(re)development. This will include:
• Research and talk with C ity of Fresno Department of Public Utilities staff about water and sewer
system available capacity and planned capital improvement projects for these systems in the
Specific Plan Area
• Research and talk with FMFCD staff about designed and planned master planned facilities in the
Specific Plan Area and any changes that the proposed development/redevelopment would have
on their ma ster planning
• Provide summary memo' of planned infrastructure improvements and any additional needs to
support the planned development/redevelopment of the Specific Plan
No system modeling is involved. No analys is of telecommunication, internet, electrical grid nor natural
gas is included.
Task 3 Meetings:
• Regular (biweekly) meetings with City Staff (virtual)-See Task 1
• Associated community engagement meetings -See Task 2
Task 3 Deliverables:
• Land Use and Zoning Analysis Memo
• Neighborhood Identity Study-SCOPE ENHANCEMENT
• Land Use and Zoning Recommendations Memo, including Preferred Land Use Plan and Summary
of Projected Buildout
• Up to three (3) Alternative Land Use Concepts, presented as plan diagrams and one (1) "bird's
eye 3D massing view" for each concept. Up to two (2) draft revisions of each view as required and
based on city comments -SCOPE ENHANCEMENT
• Summary Memo of Existing Infrastructure Conditions -SCOPE ENHANCEMENT
• Summary Memo of Infrastructure Needs -SCOPE ENHANCEMENT
TASl< 4: OLIVE AVENUE COMMERCIAL CORE IMPROVEMENT STRATEGY
WRT + CHS
Page 6 of 16
Task 4.1: Streetscape, Public Spaces and Activation Opportunities -SCOPE ENHANCEMENT
WRT will conduct focused analysis of the Olive Avenue Commercial Core from the perspective of
"placemaking ." The analysis will consider streets, public spaces, activities, buildings and vacant land, as
well as the Core's historic evolution and relationships with critical destinations . We will seek to identify the
area's assets, challenges, and opportunities for changes that would support greater vitality.
Task 4.2: Transit Access and Recommendations (Focused Study) -SCOPE ENHANCEMENT
CHS will establish the existing transit context and identify transit priorities for the Olive Avenue
Commercial District. CHS will review existing transit service levels and ridership and, based on concerns
gathered from Tower District residents and businesses (through the outreach process), and prioritize
transit routes for increased service frequency between O BRT, 35, 22, 28, 26.
Task 4.2A: Transit Access and Recommendations (Expanded Study) -SCOPE ENHANCEMENT
In addition to the work summarized in Task 4.2, CHS could take this analysis further by:
• Using NearMap to assess existing bus stop locations along Olive Avenue and on cross streets
with intersecting bus service to identify potential improvements to passenger waiting areas
and/or access to bus stops .
• Developing up to 3 transit-based scenarios focused on improving transit access to the Tower
District and serving the Olive Avenue corridor, possibly including service increases, adjusting
routes of existing bus routes, and/or introducing new service. This would include up to 3 virtual
meetings with FAX staff The scenarios would detail the proposed changes and provide a high
level estimate of cost (for example, less than $100,000, $100,000-$1,000,000, more than
$1,000,000).
Task 4.3: Parking Strategy (Focused Study) -SCOPE ENHANCEMENT
CHS w ill establish the multimodal access context and evaluate existing parking practices and facilities in
the Olive Avenue corridor This will allow the Team to understand how existing parking supply is being
used, managed, and enforced, including potential sites for shared parking facility. The focused study
provides the ability to do a high-level analysis and strategy development with available data and targeted
community outreach . CHS would:
• Use NearMap Aerial imagery evaluate inventory and occupancy of on street and off-street
supplies in the corridor
• Interview or survey City/community stakeholders.
• Present best practices study in commercial district parking management.
• Develop a matrix of recommended parking management strategies for the Corridor.
Task 4.4A: Parking Strategy (Expanded Study) -SCOPE ENHANCEMENT
The expanded study is a more detailed option as a replacement to the focused study that proposes in
depth data collection and analysis, targeted outreach and policy guidance and more comprehensive
strategy development and implementation guidelines. In addition to the work done in Task 4.3, this could
include:
• Conduct & analyze bi-hourly occupancy & focused duration counts of on street and off-street
supplies in the corridor, one midweek and weekend day
• Develop recommended parking management strategies and implementati on actions for t he
Olive Avenue Corridor (e .g. creation of a Parking Benefit/Business Improvement District;
articulation of guiding principles, priorities, timeline, roles and responsibilities)
Page 7 of 16
Task 4.4: Olive Avenue Commercial Core Strategy -SCOPE ENHANCEMENT
Based on feedback from City Staff, stakeholders and members of the community, WRT will build on the
urban design and circulation analysis above, as well as the catalyst site studies conducted in Task 5 and
present a vision and strategy for the Olive Avenue Commercial Core. This will be in memo format and
include conceptual plan graphics, precedent images, and recommended actions.
Task 4 Mee tings:
• Regular (biweekly) meetings with City Staff (virtual) -See Task 1 -SCOPE ENHANCEMENT
• Associated community engagement meetings -See Task 2 -SCOPE ENHANCEMENT
Task 4 Delive rables:
• Streetscape, Public Spaces and Activation: Existing Conditions and Opportunities Memo -
SCOPE ENHANCEMENT
• Transit Access and Recommendations Memo (Focused) -SCOPE ENHANCEMENT
• Parking Study Memo (Focused) -SCOPE ENHANCEMENT
• Olive Avenue Commercial Core Strategy Memo -SCOPE ENHANCEMENT
• Transit Access and Recommendations Memo (Expanded) -SCOPE ENHANCEMENT
• Parking Study Memo (Expanded) -SCOPE ENHANCEMENT
TASK 5: TARGETED REVITALIZATION STRATEGY
WRT + Citythinkers + Craft + EPS + P&P
Task 5.1: Opportunity Site Evaluation
In coordination with the City, the WRT Team will select opportunity sites in the Specific Plan that have the
potential to support development and have a catalytic impact. We anticipate that selection of
opportunity sites will be based on allowed land uses, site conditions, parcel size, ownership, and/or other
conditions. The five sites should represent a range of typical opportunity site conditions in the District,
allowing the analysis to be broadly relevant.
Citythinkers will perform a site analysis for each of five (5) sites to uncover their key site characteristics and
to identify opportunities and constraints for each site. Craft Development wi l l evaluate where strategic
investment and economic support could help demonstrate market potential and help de-risk inward
investment for new players.
Task 5.2: Site Prototype Testing
Citythinkers, in consultation with other members of the Team, will evaluate up to two (2) development
prototypes for each site to test their feasibility and identify development yields while testing density,
intensity, and associated standards for parking, open space, and other considerations. Citythinkers will
coordinate closely with the economist on the team who will use the development prototypes produced
for each site to run proforma analysis to determine the optimum levels of density that would be
financially feasible .
Task 5.3: Development Feasibility Analysis
Pag e 8 of 16
EPS will develop a static pro form a analysis for each of the 2-3 development scenarios identified per
opportunity site. For each site, EPS will test up to 2 prototypes (see Task 5.2) which may differ in density,
height, use combinations, and ownership models (e .g., market-rate rental or owner-occupied housing,
affordable housing, and commercial uses). The pro form a analysis will evaluate each prototype's ability to
absorb costs associated with market-rate residential and commercial uses and/or affordable housing units
and will identify the requisite level of financial incentive or cross-subsidy that may be required to ensure
the financial viability of development. This analysis may suggest the need for public and private
investment opportunities or incentives that can aid in streamlining future development.
EPS will also consider the impact of existing and proposed financial and regulatory incentives that can aid
in supporting development feasibility (e.g., reducing parking requirements, fee deferrals, density
bonuses) and other approaches that may tip the balance to supporting the feasibility of development.
EPS will prepare a Draft technical memorandum summarizing the feasibility analysis assumptions and
results. Upon receipt of one set of consolidated, non-conflicting comments, EPS will prepare a Final
technical memorandum for City use and presentation.
Task 5.4: Barriers Assessment
Craft Development will use contacts within ULI and the development industry to gain additional insights
into perception of Fresno and what it might take to attract inward investment from more innovative
developers. After background review, interviews and industry outreach, Craft Development will draft a list
of barriers to more investment and potential leverage points.
Task 5.5: Infrastructure Funding Toolkit -SCOPE ENHANCEMENT
Based on infrastructure assessments prepared by the WRT Team's civil engineer and input from City staff
on public facilities (parks, public safety facilities), EPS will summarize backbone infrastructure and public
facilities needed to support buildout of the Tower District Specific Plan, and the associated costs.
EPS will document any existing sources available to fund facilities, and inventory new sources of funding
to effectively catalyze the construction of needed infrastructure improvements and other public facilities.
New funding sources may include land-or parcel-based revenue sources , tax increment (e.g., an
Enhanced Infrastructure Financing District [EIFD]), federal, State of California (State), and local sources,
and other identified sources dependent on the types of required facilities identified to serve the project.
EPS will offer a qualitative evaluation of the viability of each funding source, including the timing of
funding availability and other relevant metrics identified through discussions with the WRT Team and City
staff.
EPS will prepare a Draft technical memorandum summarizing facility costs and existing and potential new
revenue sources to fund i nfrastructure for City review and comment. Upon receipt of one set of
consolidated, non-conflicting comments, EPS will prepare a Final technical memorandum for inclusion in
the Specific Plan or as a stand-alone resource .
Task 5.6: Design Renderings -SCOPE ENHANCEMENT
Citythinkers will provide up to three (3) illustrations/ graphics to show catalyst site development in
context. Illustrations may show corridor views of Olive Ave ., Belmont Ave., Palm Ave., and others as
determined by opportunities identified through the planning process.
Task 5 Meetings:
• Regular (biweekly) meetings with City Staff (virtual)-See Task 1
• Associated community engagement meetings -See Task 2
Page 9 of 16
Task 5 Deliverables:
• Site analysis table of key defining opportunities and constraints for up to five (5) sites
• Site analysis diagram highlighting key site features for up to five (5) sites
• Up to two (2) development prototypes for each site, including single-line plan diagrams and
corresponding development yields (gross square footage, height, number of dwelling units, area
by program use, parking, etc.)
• Plan Diagrams and Development Summary Tables in Excel
• Up to two (2) draft revisions of each prototype as required and based on city comments
• Development Feasibility Memorandum (draft and final)
• Barriers Assessment Memo
• Infrastructure Funding Memo (Draft and Final) -SCOPE ENHANCEMENT
• Three (3) illustrations/ graphics -SCOPE ENHANCEMENT
• Up to two (2) draft revisions of each view as required and based on city comments -SCOPE
ENHANCEMENT
TASK 6: HISTORIC PRESERVATION
HRG
Task 6.1: Historic Preservation Strategy
Historic Resources Group (HRG) will:
• Review of the City of Fresno historic resources inventory to confirm historic resources within the
Specific Plan area.
• Conduct a site investigation emphasizing the Wilson Island and Porter Tract historic districts and
Terrace Gardens neighborhood.
• Prepare written memorandum regarding baseline historic resources information, characteristics
of the Wilson Island and Porter Tract historic districts important to their historic significance and
the potential for a historic district in the Terrace Gardens neighborhood. Consider opportunities
for interpretive program .
• Consult with the project team to identify potential areas of conflict/impacts that should be
considered as part of the Specific Plan .
• Review and comment on draft Specific Plan Update.
Task 6 Meetings:
• Regular (biweekly) meetings with City Staff (virtual) -See Task 1
• Associated community engagement meetings -See Task 2
Task 6 Deliverables:
• Historic Resources memorandum
TASK 7: STREET IMPROVEMENT STRATEGY
Page 10 of 16
CHS+ WRT
Task 7 .1: Streetscape and Circulation Analysis and Recommendations
CHS will work with the City and Tower District community to develop a comprehensive street
improvement strategy focusing on multimodal access, pedestrian and bike safety and traffic calming. As a
focused study, CHS proposes the following:
• Hot-Spot Identification: The initial approach will be to first understand where design
interventions are most needed, such as certain one-way streets and key intersections and
crossings. CHS will review crash data using UC Berkeley's TIMS tool. We will follow up with a
two-day project site visit, we will test drive, test bike, and take photographs of the hot-spot and
other potentially sensitive areas.
Note: this may be augmented with a community bike audit: see Subtask 2.8).
• Flowchart and Targeted Design Intervention Matrix: CHS will develop a flow chart for the
identification and application of appropriate multi-modal design interventions. This will be
followed by a context-sensitive intervention matrix that identifies the street-type on one axis and
land-use on the other (e.g. commercial, mixed use, neighborhood commercial, residential,
institutional/public.
Provost & Pritchard will attend meetings (virtual) and provide input on concepts for street improvements
developed by CHS and WRT.
Task 7 .1 A: Streetscape and Circulation Analysis and Recommendations (Expanded Study) -SCOPE
ENHANCEMENT
The expanded study would build upon the efforts proposed in the focused study and could include:
• One-Way Streets: One-way streets in this district are mostly narrow, with a single lane, bike lane,
and parking. This necessitates a context-sensitive approach, that may include a two-way
conversion or encompass interventions at key locations/intersections depending on the existing
condition and problems identified by staff and the community. The most likely candidates for
two-way conversion are wider streets, such as N Wishon Ave, where the conversion can be
implemented without too many compromises to either bike lanes or on-street parking, Where the
streets are too narrow to be suitable for two-way conversion, other design interventions will be
explored. The initial approach will be to first understand which one-way streets are problematic
based on staff input, collision records, and traffic volumes.
• Residential Streets: CHS will identify key problem areas (intersections and crossings) in need of
interventions . Initial feedback from the community indicates that there are relatively new wide
arterials in residentials areas that need calming especially at i11tersections Design
recommendations would build on the hotspot identification and context sensitive approach
developed in the focused study option, but would develop more detailed design solutions for a
limited number of locations (or representative typologies that could be applied elsewhere).
• Active Transportation: Building on the focused study option, CHS will determine priority
locations for bicycle and pedestrian improvements, including but not limited to paths between
residences and other destinations (e.g. schools, commercial areas), and connections across
arterials and freeways that currently divide the active transportation networks . CHS will develop a
map of proposed interventions and concept drawings for up to five locations showing how
design changes such as bulb-outs, pedestrians islands, or protected bike lanes could be
implemented.
• Cul-de-Sac Policy: the cul-de-sacs were originally established to limit cut-through traffic between
the neighborhoods and Blackstone Avenue . CHS can model the traffic implications of removing
the remaining barriers, and also discuss with staff/residents alternative approaches that might
Page 11 of 16
find a balance between the benefits and downsides for example by maintaining permeability to
pedestrians and cyclists while limiting auto traffic.
Task 7 Meetings:
• Regular (biweekly) meetings with City Staff (virtual) -See Task 1
• Associated community engagement meetings -See Task 2
Task 7 Deliverables:
• Streetscape and Circulation Analysis and Recommendations Memo
• Streetscape and Circulation Analysis and Recommendations Memo (Expanded Study) -SCOPE
ENHANCEMENT
TASK 8: HEALTH AND EQUITY
WRT
Task 8.1: Health and Equity Framework
WRT will provide a discussion of the ways in which community health and equity are impacted by the built
environment, ways to measure health and equity, and the potential role of the Specific Plan in bringing
about better outcomes in the planning area. The discussion will provide an explicit framework to evaluate
and shape Plan Update policies.
Task 8 Meetings:
• Regular (biweekly) meetings with City Staff (virtual) -See Task 1
• Associated community engagement meetings -See Task 2
Task 8 Deliverables:
• Health and Equity Framework Memo
TASK 9: TOWER DISTRICT SPECIFIC PLAN UPDATE
WRT
Task 9.1: Admin Draft Specific Plan Update (Standalone Amendment)
WRT will bring together the analysis, findings and recommendations from each subject of the Specific
Plan Update into a single, standalone Plan Amendment document. The Amendment will be include an
Introduction and Executive Summary chapter that frames the Plan Update and describes its incorporation
by reference of the existing Specific Plan, and the way to use the two companion documents together.
The introduction will also introduce the Health and Equity Framework, and the format of each of the
topical chapters. Each subject will then have its own chapter in the Plan, with content from the
deliverables in previous tasks. Recommendations will be translated into goals and policies. The Plan
Amendment will be designed to harmonize with the existing Specific Plan while providing contemporary
maps and graphics.
Page 12 of 16
Task 9.2: Public Review Draft Specific Plan Update
WRT will revise the Plan Amendment following one round of Staff review. It will also be previewed to the
Implementation Committee (see Task 2,) and Committee comments will be incorporated.
Task 9.3: City Council Meeting
WRT will present the Tower District Specific Plan Update to City Council .
Task 9.3A: Planning Commission Meeting
WRT will present the Tower District Specific Plan Update to the Fresno Planning Commission. (In the
"base scope" scenario, this task would be handled by City Staff.)
Task 9.4: Final Draft Specific Plan Update
Based on comments from the public and decision-makers, WRT will create a final draft of the Specific
Plan Update and deliver as an electronic document.
Task 9.5: Comprehensive Specific Plan Document -SCOPE ENHANCEMENT
As an alternative option, WRT can provide a single, unified Specific Plan document that synthesizes
existing Specific Plan content that remains valid with new analysis, findings, goals, policies, maps and
graphics. As part of this effort, WRT would create a mark-up of the existing Plan, indicating content to be
retained and content to be removed or replaced. We would bring existing text and table content into a
new document template, and re-create maps, updating both the underlying data and the map style.
Narrative would be updated to reflect updated mapping and analysis.
Task 9 Meetings:
• Regular (biweekly) meetings with City Staff (virtual)-See Task 1
• Associated community engagement meetings -See Task 2
• Planning Commission and City Council meetings (2 total)
Task 9 Deliverables:
• Admin Draft Specific Plan Update (Standalone Amendment)
• Public Review Draft Specific Plan Update
• Final Draft Specific Plan Update
• Admin Draft, Public Review Draft, and Final Draft Specific Plan Update (Unified Document) -
SCOPE ENHANCEMENT
TASK 10: CEOA
LSA
Task 10.1: Project Description
The Project Description for the environmental document will be prepared .
Task 10.2: Work Program Refinement
Page 13 of 16
• •
• •
• •
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Following completion of the Project Description, LSA will prepare a final scope of work and budget for
the IS/MND. This task will result in detailed scopes of work for technical studies (Task 3) and any relevant
resource topic areas to be analyzed in the IS/MND (Task 4). In addition, the final scope of work will
identify the product deliverables, overall lS/MND schedule, and the number of meetings and hearings
that LSA staff will attend.
Task 10.3: Technical Studies
Based on our current understanding of the proposed project, LSA believes that several technical studies
would be required to identify potential environmental impacts. Once project components are
determined, and City staff provides input on the Specific Plan, technical analyses for Air Quality and
Greenhouse Gas Emissions, Biological Resources, Cultural Resources, and Traffic/Transportation are
expected to be needed . Detailed scopes of work for the technical studies listed below will be prepared
as a part of Task 10.2, Work Program Refinement. Please note that the City's requirements for the traffic
analyses are highly variable and are dependent on several factors that could greatly increase the scope
and cost of the Traffic Impact Analysis.
• Air Quality and Greenhouse Gas Emissions Analysis
• Cultural Resources Assessment (Archaeology and built environment)
• Biological Resources Assessment
• Traffic Impact Assessment (Vehicle miles travelled [VMT] and level of service [LOS])
Task 10.4: Evaluation of Environmental Effects
An Initial Study will be prepared in accordance with CEOA and the CEOA Guidelines, and will utilize the
Environmental Checklist Form (Appendix G of the CEOA Guidelines).
LSA will respond to the checklist questions for the various impact topics and will add concise explanatory
comments related to each topic. This scope of work assumes that upon completion of the Initial Study, a
recommendation will be made that an MND will satisfy CEOA documentation requirements. Preparation
of an Environmental Impact Report is not included in this scope of work. LSA will rely on the
determinations in studies provided by the project team regarding availability of potable water.
Using the technical studies prepared as part of Task 3, described above, LSA will complete the
environmental checklist responses for the relevant topics in order to demonstrate that no significant
effects related to these topics would result from the proposed project. Should additional analysis be
necessary, LSA will coordinate with the project team to determine next steps.
The following environmental topics will be evaluated in the Initial Study, consistent with the requirements
of CEQA.
Aesthetics Mineral Resources
• Agriculture and Forestry Resources • Noise
Air Quality Population and Housing
• Biological Resources • Public Services
• Cultural Resources • Recreation
• Energy • Transportation
Geology and Soils Tribal Cultural Resources
• Greenhouse Gas Emissions • Utilities and Service Systems
• Hazards and Hazardous Materials • Wildfire
• Hydrology and Water Quality • Mandatory Findings
• Land Use and Planning
Task 10.5: 15/MND and MMRP
Page 14 of 16
LSA will prepare three drafts of the Initial Study: an Administrative Draft, a Screen check Draft, and a
Public Review draft. The IS/MND will include responses to comments presented in a memorandum
format, as necessary, and a Mitigation Monitoring and Reporting Program (MMRP), as described below ,
Administrative Draft ISIMND
Using the setting and analysis prepared under Task 3, described above, LSA will prepare an
Administrative Draft IS/MND with the following components . Figures and tables will be provided as
appropriate to illustrate the project site, the proposed components, and the Initial Study's findings.
• Project Description
• CEOA Environmental Checklist Form
• Mandatory Findings of Significance
• Contacts and Bibliography
• Mitigated Negative Declaration
The Administrative Draft IS/MND will be provided to the City for review and comment. LSA will provide
one electronic version in MS Word and PDF format for review by City staff.
Screencheck Draft /SIMND
Based on a single set of consolidated and non-contradictory comments from City staff, LSA will amend
the Administrative Draft IS/MND and will prepare a Screencheck Draft IS/MND for review. We have
allotted time for responding to changes; however, if this subtask exceeds the cost allotted in the budget
due to changes in Project Description or requests for additional analysis that are not necessary to prepare
a legally-adequate document, a budget adjustment may be required.
LSA will provide one electronic version in each MS Word and PDF formats for review by City staff to verify
that all requested changes have been made and all appendix materials, references, and final graphics are
acceptable. LSA will also provide the City with an electronic compare version of the Screencheck Draft
IS/MND. This version will show text changes made to the Administrative Draft IS/MND in underline and
strikeout for the City to more easily confirm that all comments and edits are fully incorporated into the
Screencheck Draft IS/MND.
Public Review ISIMND
LSA will make any minor necessary revisions to the Screencheck Draft IS/MND and prepare the Public
Review IS/MND. LSA will prepare a draft Notice of Intent to Adopt (NOi), in accordance with the CEOA
Guidelines for use by the City. LSA will provide one electronic version in MS Word and PDF format to the
City. The City will be responsible for noticing and distribution of the Public Review IS/MND.
Response to Comments Memorandum
Following a 20-or 30-day public review period, LSA will review public and agency comments received on
the Public Review IS/MND, and will prepare responses to CEOA comments in a memorandum format, as
necessary. This scope and budget assume up to approximately 12 hours to prepare responses to
comments. Should an unexpectedly large volume of comments be submitted, LSA will request an
adjustment in the budget to cover work beyond the assumed level. LSA will provide one electronic
version in MS Word and PDF format for review by City staff. LSA will prepare a final draft of the response
to comments memorandum in response to a consolidated and noncontradictory set of comments from
City staff.
Mitigation Monitoring and Reporting Program
Page 15 of 16
LSA will complete the Master Environmental Impact Report Mitigation Measures Checklist, and a Project
Specific Mitigation Measures Checklist, if applicable. Electronic copies of the draft MMRP will be
submitted to the City with the Response to Comments memorandum. LSA will prepare a final MMRP in
response to a consolidated and non-contradictory set of comments from City staff.
Task 10 Meetings:
• Kickoff meeting with City Staff
• Site Visit
• Up to 3 additional meetings with Staff
Task 10 Deliverables:
• Project Description
• Refined Work Program
• Technical Studies
• Admin Draft IS/MND
• Screencheck Draft IS/MND
• Public Review Draft IS/MND
• Response to Comments Memorandum
• Mitigation Monitoring and Reporting Program
Page 16 of 16
· ·
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Tower Distri ct Specific Plan Update
Scope and Fee, April 15, 2022
Propoi
Seo
Subtask 1.1
Subtask 1.2
Subtask 1.3
Subtask 1.4
Subtask 1.4A
Subtask 1.5
Subtask 1.5A
Kickoff Meeting (Virtual)
District Tour
Background Document Review and Base Map Prepa ration
Regular Meetings
Regular Meetings (Additional )
Project Management
Project Management (Additional )
$
$
$
$
$
rs·······....···············
Subtotal
Subtask 2.1 Community Engagement Plan + Stakeholder List
Tower District Specific Plan Advisory Committee Meetings (8)
Stakeholder Meetings (Business and Property Owners, Developers,
Subtask 2.2
Subtask 2.3 Elected Officials , Advocac Grou s , etc.
Subtask 2.4
Subtask 2.4A
Subtask 2.5
Subtask 2.6
Subtask 2.6A
Subtask 2.7A
Subtask 2.7A
City-led Outreach
Outreach Coordination
Pop-Up at Events (3)
Community Workshop (1)
Community Workshop (Additional)
Online Survey
In-Person Survey at Mobile Booths
Walk/bike Audits of Targeted Areas (2)Subtask 2.8
Design Charrette with YouthSubtask 2.9
Tactical UrbanismSubtask 2.10
Community Education: "Building Small"Subtask 2.11
$
$
$
$
$
Subtotal rs
Task3 Land Use & Zoning
Subtask 3.1 Land Use & Zoni ng An alysi s $
Subtask 3.1A Nei g hborhood Ide ntity Stu dy
Subtask 3.2 Land Use and Zoning Recommendations, Preferred Plan and Buildout
Analys is $
. . . . . . . . . ... ---. -. ,.
Tasks Targeted Revitalization Strategy
Subtask 5.1 Opportunity Site Evaluation $
Subtask 5.2 Site Prototype Testing $
Subtask 5.3 Development Feas i biltiy Analysis $
Subtask 5.4 Barriers Assessment $
Subtask 5.5 Infrastructure Funding Toolkit
Subtask 5.6 Design Renderings
Subtotal Ii s
Subtotal
Subtask 7.1 Streetscape and Circulation Analysis and Recommendations $
Subtask 7.1A Streetscape and Circulation Analysis (Expanded Study)
Subtotal t.s ...........................
Subtotal ij $
Subtask 9.1 Admin Draft Specific Plan Update (Standalone Amendment) $
Subtask 9.2 Public Review Draft Specific Plan Update $
Subtask 9.3 Planning Commission and Council Meetings (2 total) $
Subtask 9.4 Final Draft Specific Plan Update $
Subtask 9.5 Comprehensive Specific Plan Document
Subtotal
Subtask 10.1 Project Initiation $
Subtask 10.2 Work Program Refinement $
Subtask 10.3 Technical Studies $
Subtask 10.4 Evaluation of Environmental Effects $
Subtask 10.5 IS/MND and MMRP $
Subtotal
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (the City)
and Wallace, Roberts, and Todd, LLC (the Consultant)
Tower District Specific Plan Update
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. Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
the Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
ALL-S GCS Agt Not to Exceed (03-2022) Page 1 of 4
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER's LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $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 by
use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
ALL-S GCS Agt Not to Exceed (03-2022) Page 2 of 4
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents, and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3. For any claims 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.
The Workers ' Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: the Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by the Consultant, the
Consultant must purchase "extended reporting" coverage for a minimum of
five years 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.
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
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
ALL-S GCS Agt Not to Exceed (03-2022) Page 3 of 4
the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice
of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall
furnish the City with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be performed for the City, the
Consultant shall provide a new certificate, and applicable endorsements, evidencing
renewal of such policy not less than fifteen calendar days prior to the expiration date of
the expiring policy.
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.
ALL-S GCS Agt Not to Exceed (03-2022) Page 4 of 4
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Tower District Specific Plan Update
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its 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? □ ~
* If the answer to any question is yes, please explain in full pelow.
/\ " Explanation :
WRT is under contract with the City of Fresno
to Qre12are Qlanning and design documents for
for various oroiects. We are aware of no
conflict.
In addition, WRT is under contract with other
entities in Fresno to comQlete Qlanning and
design documents. These entities include
Building Healthy Communities and the San
Joaguin River Conservancy. We are aware of
no conflict in these relationshiQs.
'.J Additional page(s) attached .
(vb )
Signatu~ ~v
4~1~ \~l:L
Date I
(Name)
vY ~t
(Company)
116 t~k 7U\l\t-Z!J
(Address)
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(City, Stafe Zip)