HomeMy WebLinkAboutProvost & Pritchard Consulting Group Inc. - Agreement - 7.8.22DocuSign Envelope ID : 2DC8C85F-1C17-49F7-AF66-54EDD336CF17
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
71812022This Agreement is entered into, effective , by
and between the CITY OF FRESNO, a California municipal corporation (City), Derrel's
Mini Storage, Inc., a California corporartion (Developer), and Provost & Pritchard
Engineering Group, Inc., dba Provost & Pritchard Consulting Group (Consultant).
RECITALS
WHEREAS, the Developer will be submitting necessary applications for a 25.95-acre
mini-storage project, located on the east side of North Grantland Avenue between West
Bullard and West Herndon Avenues, within the City of Fresno (Project); and
WHEREAS, the Project will require various Land Use Approvals. For purposes of this
Agreement, Land Use Approvals shall mean any benefits arising from any of the following:
the approval of a General Plan Amendment, Rezone application, Tentative Tract Map,
Conditional Use Permit and Development Permit and any document prepared pursuant
to the California Environmental Quality Act (CEQA) or other law that is approved in
conjunction with aforementioned land use entitlements; and
WHEREAS, the City as the lead agency (CEQA Guidelines Section 15367) has
determined it is in the best interest of the City and the Developer to have a consultant
prepare an Initial Study to determine the appropriate environmental document pursuant
to CEQA Guidelines; and
WHEREAS, the Consultant will prepare and submit the draft documents to the City for
review and the City, as necessary and appropriate in the City's sole discretion to further
the preparation of a legally adequate Initial Study, will share the draft documents, in part
or in whole, with the Developer; and
WHEREAS, the Developer has agreed to have the Consultant prepare the Initial Study
and any related documents required pursuant to CEQA Guidelines for the Project
(collectively, the "Initial Study"); and
WHEREAS, the Consultant is engaged in the business of furnishing technical and
professional consulting and hereby represents it desires to and is professionally and
legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement will be administered for the City by its Director of the Planning
and Development Department (Director) or designee.
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Serv ices. The Consultant has submitted the scope of work, which
includes a milestone timeline and a list of any subcontractors, to the City for its
review and approval and shall diligently cooperate with the City in making changes
to the scope of work until the City approves the scope of work. Upon the City
approval of the scope of work, incorporated herein as Exhibit C, dated June 9,
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2022, the Consultant shall perform, to the satisfaction of the City, the services
described in the scope of work including all work incidental to, or necessary to
perform, such services even though not specifically described in the scope of work.
The Consultant services shall include, but not be limited to, consultation with the
City staff and the Developer, management of necessary subconsultants,
presentations at public hearings, and other related tasks as described in the scope
of work.
The Consultant shall work solely under the general direction of the City's Planning
and Development Department, Assistant Directors, Planning Managers, and
respective staff in the preparation of the Initial Study required by CEQA. With the
express approval from the City's Planning and Development Department,
Assistant Directors, Planning Managers, and respective City staff as appropriate,
the Consultant may consult with the Developer as needed to facilitate timely
preparation of an accurate and legally defensible environmental document. The
Consultant shall not make any changes to documents to be prepared within the
scope of work without written approval of the City which may be provided via
electronic mail.
The Consultant shall hire all subcontractors in consultation with City staff. The
Developer shall not contract directly with any subcontractors to perform any part
of the work under this Agreement.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above and shall continue in full force and effect through
the complete rendition of the services hereunder, subject to any earlier termination
in accordance with this Agreement. The services of the Consultant as described in
Paragraph 1 of this Agreement are to commence upon the effective date first set
forth above, and shall be undertaken and completed in a sequence assuring
expeditious completion.
3. Authority and Regulation of Communications. The City shall have final authority
over the scope of work, and the environmental document preparation process and
content. The City shall coordinate all communication between the Consultant and
the Developer to obtain project information and/or make public presentations
related to the preparation of the initial study and environmental findings.
Communications between the Developer and the Consultant shall occur in
accordance with Section 1 above.
4. 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 other than the Developer by the Consultant
without the prior written approval of the Director. 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 other
than the Developer. 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,
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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 with copies made available to the Developer.
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 4.
This Section shall survive expiration or termination of this Agreement.
5. Compensation.
(a) All costs associated with the Consultant's performance of the services
described in the scope of work including all work incidental to, or necessary
to perform, such services even though not specifically described in the
scope of work, shall be paid by the Developer under a separate agreement
with the Consultant. The City shall not be liable, either jointly or severally,
for any costs incurred to perform the work set forth in the Scope of Work
attached as Exhibit C, including preparation of the Initial Study and any
other environmental document currently the subject of this Agreement or as
the Agreement may later be amended that is the subject of this Agreement.
(b) The Consultant shall provide the City with all invoices the Consultant
submits to the Developer for payment or reimbursement. The Consultant
shall submit the copies of these invoices at the same time said invoices are
first submitted to the Developer for payment.
6. Termination.
(a) This Agreement shall terminate without any liability of the City to the
Consultant or the Developer 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 the City fiscal year of this Agreement,
or insufficient funding for the Project; (iv) expiration of this Agreement, or
seven calendar days' prior written notice with or without cause by the
Developer to the Consultant and the City.
(b) Immediately upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
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cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all properties and materials in the possession of the Consultant
that are owned by the City.
7. Subsequent Consultant. If a subsequent consultant is required to perform the work
contemplated by the Agreement, the Developer shall select the subsequent
consultant and the City shall have the right to evaluate and approve or disapprove
the subsequent consultant selected by the Developer.
8. Discretionary Governmental Actions. Certain planning, land use, zoning and other
permits and public actions required in connection with the Project including, without
limitation, the Land Use Approvals, the environmental review and analysis under
CEQA or any other statute, and other transactions contemplated by this
Agreement are discretionary government actions. Nothing in this Agreement
obligates the City or any other governmental entity to grant final approval of any
matter described herein. Such actions are legislative, quasi-judicial, or otherwise
discretionary in nature. The City cannot take action with respect to such matters
before completing the environmental assessment of the Project under CEQA and
any other applicable laws. The City cannot and does not commit in advance that it
will give final approval to any matter. The City shall not be liable, in law or equity,
to the Consultant, the Developer or any of the Initial Study or subsequent
environmental documents executors, administrators, transferees, subcontractors,
successors-in-interest or assigns for any failure of any governmental entity to grant
approval on any matter subject to discretionary approval.
9. Confidential Information. Except as provided for in this section, 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 other than the Developer without the prior written approval of the
Director or the City's City Manager; unless required by law and the timeframe in
such a case it is not feasible to obtain prior written consent, although in such a
case, the Consultant must immediately notify the Director or the City's City
Manager of the request or subpoena for such information and immediately deliver
via facsimile or e-mail any legal documents supporting the demand for said
information.
The Consultant shall provide copies of administrative draft documents in
connection with the Project's environmental review to the City under the scope of
work. The City shall then distribute administrative draft documents to the
Developer. The Developer's comments regarding the administrative documents
shall be submitted only to the City, within timeframe established by the City, and
the City shall forward to the Consultant. This section shall not supersede the
provisions of California Public Resources Code Section 21167.6 regarding the
required contents of the record of proceedings.
10. 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 is skilled in the profession and shall perform in accordance with the
standards of said profession necessary to perform the services agreed to be done
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by it under this Agreement, the City relies upon the skill of the Consultant to do
and perform such services in a skillful manner and the Consultant agrees to thus
perform the services. Therefore, acceptance of such services by the City shall not
operate as a release of the Consultant from said professional standards.
11. Indemnification.
(a) To the furthest extent allowed by law, the Developer 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) incurred by the City, the Developer or any other person, and from
any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of a violation of the California
Environmental Quality Act relating to the Project. The Developer's
obligations under the preceding sentence shall apply regardless of whether
the City or any of its officers, officials, employees, agents, or volunteers are
negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused solely by the gross negligence, or
caused by the willful misconduct, of the City or any of its officers, officials,
employees, agents, or volunteers. If a claim, demand or action at law or
equity arise within the scope of this provision, the City and the Developer
shall mutually agree on defense counsel.
If the Developer should subcontract all or any portion of the work to be
performed under this Agreement, the Developer 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.
(b) 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 liability for damages (whether in contract, tort
or strict liability, including but not limited to personal injury, death at any time
and property damage) incurred by the City, the Consultant or any other
person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees and litigation expenses incurred by, or
awarded against, the City, including plaintiff's attorney's fees), arising out of
the Consultant's negligence in the performance of this Agreement. The
Consultant's obligations under the preceding sentence shall not apply to
any loss, liability, fines , penalties, forfeitures, costs or damages caused
solely by the gross negligence, or by the willful misconduct of the City or
any or its officers, officials, employees, agents, or volunteers, or by any third
party.
(c) If the Consultant shouJd subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
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shall require each subconsultant to indemnify, defend, protect and hold
harmless the City and provide the warranties and waivers in accordance
with all provisions of this section.
(d) This section shall survive expiration or termination of this Agreement.
12. Insurance.
(a) Throughout the life of this Agreement, the Developer and the Consultant
shall pay for and maintain in full force and effect all insurance as required
in Exhibit A or as may be authorized, and any additional insurance as may
be required, in writing by the City's Risk Manager or designee at any time
and in its sole discretion.
(b) If at any time during the life of the Agreement or any extension, the
Developer or the Consultant or any of its subcontractors fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately until notice is received by the
City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Developer or the
Consultant of their 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 Developer and the Consultant
shall not be deemed to release or diminish the liability of either the
Developer or the Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify 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 Developer or the Consultant.
Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of the Developer or the Consultant
and their principals, officers, agents, employees, persons under the
supervision of the Developer or the Consultant, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly
or indirectly by any of them.
(d) Upon request of the City, the Developer and the Consultant shall
immediately furnish the 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.
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(e) If the Developer should subcontract all or any portion of the services to be
performed under this Agreement, the Developer shall require each
subcontractor to provide insurance protection in favor of the City and each
of its officers, officials, employees, agents, and authorized volunteers in
accordance with the terms of this section and Exhibit A, except that any
required certificates and applicable endorsements shall be on file with the
Developer and the City prior to the commencement of any services by the
subcontractor.
(f) 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 provide insurance protection in favor of the City and each
of its officers, officials, employees, agents, and volunteers in accordance
with the terms of this section and Exhibit A, except that any required
certificates and applicable endorsements shall be on file with the
Consultant, the Developer and the City prior to the commencement of any
services by the subcontractor.
13 . Notifications and Cooperation by the City. The City shall notify the Developer
and/or the Consultant within a reasonable period of time of its receipt of any
demand, claim, action, proceeding, or litigation arising from liability for damages
arising out of either the Developer and/or the Consultant's negligence in which the
City is to be indemnified and held harmless by the Developer or the Consultant
pursuant to Section 11 of this Agreement. If the City requests that the Developer
or the Consultant defend the City, the City shall notify the Developer or the
Consultant in writing within a reasonable period of time of its receipt of any such
demand, claim, action, proceeding, or litigation and the City shall cooperate fully
in such defense.
14. The City and the Developer shall mutually select the attorney or attorneys who will
defend the City. The Consultant agrees to accept such selection. The Developer
further agrees to be fully responsible for any and all reasonable costs and
attorney's fees generated by the City's attorney(s) in the defense of the City in any
claim, demand, action, proceeding, or litigation from liability for damages arising
out of the Developer's negligence. The Consultant further agrees to be fully
responsible for any and all reasonable costs and attorney's fees generated by the
City's attorney(s) in the defense of the City in any claim, demand, action,
proceeding, or litigation from liability for damages arising out of the Consultant's
negligence.
15. The City's Participati ng In Defense. Nothing contained herein shall prohibit the
City, in its sole discretion, from participating in the defense of any demand, claim,
action, proceeding, or litigation over and above representation by outside counsel,
or from participating in the defense of any demand, claim, action, proceeding, or
litigation. If City elects to also defend, it shall do so in good faith. In no event shall
City's participation in the defense of any demand claim, action, proceeding, or
litigation affect the obligations imposed upon the Developer and the Consultant in
Section 11 of this Agreement.
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16 . 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 B. 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
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's City Manager, if no actual or potential
conflict is involved.
(d) The Consultant represents and warrants 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) The Consultant is not directly retained by the City. The Consultant has no
interest in the approval of the Project. The Consultant is able to perform the
work outlined in the Agreement without conflict. This interest is in
accordance will all applicable laws and is being fully disclosed.
(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 Section 16 of this Agreement in each
subcontract and require its subcontractors to comply therewith.
(g) Section 16 of this Agreement shall survive expiration or termination of this
Agreement.
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17. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, arid not otherwise specifically
provided for, shall be effective only if signed by the Director or designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time.
Section 17(b) of this Agreement 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.
18. Nondiscrim i nation. To the extent required by controlling Federal, State and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, or 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
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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. 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.
19. Independent Contractor. In the furnishing of the services provided for herein, the
Consultant is acting solely as an independent contractor. Neither the Consultant,
nor any of its officers, agents, or employees shall be deemed an officer, agent,
employee, joint venturer, partner, or associate of the City for any purpose. The City
shall have no right to control, 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 the Consultant is performing
its obligations in accordance with the terms and conditions thereof.
(a) 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.
(b) 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
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Consultant shall be solely responsible, indemnify, defend and hold 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 City employment benefits,
entitlements, programs and/or funds offered to employees of the City
whether arising by reason of any common law, de facto, leased, or co
employee rights or other theory. The Consultant shall be solely liable and
responsible for ensuring that its officers, agents, and employees are in
compliance with federal immigration laws.
The Consultant is required to furnish the City, upon reasonable request, copies of
Forms I-9 and supporting documentation for all officers, agents, and employees
performing work services relating to this Agreement. 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.
20. Notices. Any notice required or intended to be given to any 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, or by overnight delivery via a nationally or
regionally recognized courier with confirmation of receipt, 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.
21 . Binding. Once this Agreement is signed by all parties, it shall be binding upon, and
shall inure to the benefit of all parties and each party" respective heirs, successors,
assigns, transferees, agents, servants, employees, and representatives.
22 . Assignment. 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's 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's City Manager or designee.
23 . Compl iance With Law. In providing the services required under this Agreement,
the Consultant shall at all times use due professional care to 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.
24. 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
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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.
25. Governing Law and Venue. This Agreement and the documents referred to herein
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.
26. 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.
27. 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, which shall remain in full force and effect.
28. 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.
Accordingly, the parties hereby waive the benefit of California Civil Code §1654
and any successor or amended statute, providing that in the case of uncertainty,
language of the contract should be interpreted most strongly against the party who
advised the uncertainty to exist.
29. Attorney 's Fees. If any party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses. For the purposes
of this Agreement, "attorneys' fees and legal expenses" includes, without limitation,
paralegals' fees and expenses, attorneys, consultants fees and expenses, expert
witness fees and expenses, and all other expenses incurred by the prevailing
party's attorneys in the course of the representation of the prevailing party in
anticipation of and/or during the course of litigation, whether or not otherwise
recoverable as "attorneys' fees" or as "costs" under California law, and the same
may be sought and awarded in accordance with California procedure as pertaining
to an award of contractual attorneys' fees.
30. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
31. 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
DEV-S Three Party Agt FYI (05-2022) 12
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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.
32 . 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.
33 . Extent of Agreement. Each party acknowledges 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 the City, the Developer, and the Consultant.
34 . 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.]
DEV-S Three Party Agt FYI (05-2022) 13
--------------
--------------
--------------
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California,
on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
. µ... dJ:.-By: _......_u____________
enfflffir~;CClark, Director,
Planning and Development
Department
No signature of City Attorney required.
Standard Document #DEV-S Three
Party Agt (05-2022) has been used
withoutmodification, as certified by the
undersigned.
By:~~:Pt/'Y'J'f{1er,,ieren3 erez
Supervising Planner
ATTEST:
TODD STERMER, CMG
City Clerk
B•f;::;d~t F9ABC6856CCF424 ••
7/8/2022
Date
Deputy
Derrel's Mini Storage, Inc.,
a California corporation
l,DocuSigned by:
By:~,~~
Karen KendallName: --------------
Title: Development Manager
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:-------------
Name: --------------
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Provost & Pritchard Engineering Group Inc
dba, Provost & Pritchard Consulting
Group
~"°'"'•~·"" By : ~ t2~slu(U,\,
190129BDAE2A4FC_
Name: Heather Bashian
Title: Director of Operations
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:-------------
Name:
Title:
( 1 f corporation or LLC., Board Chair,
Pres. or Vice Pres.)
DEV-S Three Party Agt FYI (05-2022) 14
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Addresses:
City:
Planning and Development Department
McKencie Perez, MPA
Supervising Planner
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
Phone: (559) 621-8066
E-mail: McKencie.Perez@fresno.gov
Attachments:
Exhibit A -Insurance Requirements
Addresses:
Developer:
Derrel's Mini Storage, Inc.
Attention: Karen Kendall
Development Manager, Development &
Construction
3239 West Ashlan Avenue
Fresno, CA 93722
Phone: 559-224-9901 x3028
E-Mail: kkendall@derrels.com
Provost & Pritchard Consulting Group
Attention: Heather Bashian
Director of Operations
455 West Fir Avenue
Clovis, CA 93611-0242
Phone: 559-449-2700
E-mail: hbashian@ppeng.com
Exhibit B -Disclosure of Conflict of Interest Form
Exhibit C -Scope of Work
DEV-S Three Party Agt FYI (05-2022) 15
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EXHIBIT A
INSURANCE REQUIREMENTS
Consultant Service Agreement between CITY OF FRESNO and
DERREL'S MINI STORAGE, INC. and PROVOST & PRITCHARD CONSUL TING
GROUP
Project: Derrel's Mini Storage #56
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).
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
Developer and Consultant, or any party the Developer and 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:
Developer and Consultant must both provide the following
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.
2 . COMMERCIAL AUTOMOBILE LIABILITY:
DEV-S Three Party Agt FYI (05-2022) 16
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$1,000,000 per accident for bodily injury and property damage .
3. Workers' Compe nsation 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.
Only Consultant must provide:
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 Developer or 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
Developer or Consultant shall be responsible for payment of any deductibles contained in
any insurance policy(ies) required herein and Developer or 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 City, its officers, officials, employees, agents, and
volunteers; or
(ii) Developer or Consultant shall provide a financial guarantee, satisfactory to
City's Risk Manager or 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 Liabilit y and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. Developer and Consultant shall establish
additional insured status for the City and for all ongoing and completed
operations by use of ISO Form CG 20 26 04 13, CG 20 12 04 13 or by an
executed manuscript insurance company endorsement providing additional
insured status as broad as that contained in ISO Forms referenced above.
DEV-S Three Party Agt FYI (05-2022) 17
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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, Developer and Consultant's
insurance coverage shall be primary insurance with respect to the City, its
officers, officials, employees, agents, and volunteers. Any insurance or self
ir,surance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of Developer and Consultant's insurance and
shall not contribute with it. Developer and 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: Developer and Consultant and their insurers 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 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 Consultant, 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 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
City. Developer and Consultant are 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, Developer and
Consultant shall furnish 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
City, Developer, and 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.
DEV-S Three Party Agt FYI (05-2022) 18
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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 Developer and Consultant shall not be deemed to
release or diminish the liability of Developer and 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 Developer and Consultant.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of Developer and Consultant, its principals, officers, agents,
employees, persons under the supervision of Developer or Consultant, vendors,
suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed
directly or indirectly by any of them.
SUBCONTRACTORS -If the Consultant/Developer should subcontract all or any portion
of the services to be performed under this Agreement, the Consultant/Developer shall
require each subcontractor to provide insurance protection in favor of the City and each
of its officers, officials, employees, agents, and volunteers in accordance with the terms
of Exhibit A, except that any required certificates and applicable endorsements shall be
on file with the Consultant, the Developer and the City prior to the commencement of any
services by the subcontractor.
VERIFICATION OF COVERAGE
Developer and 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 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, Developer and 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.
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EXHIBIT B
DISCLOSURE OF CONFLICT OF INTEREST
Derrel's Mini Storage #56
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its agents? □ [Z]
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno? □ [XJ
3 Do you currently represent or perform work for any clients who
do business with the City of Fresno?
[Z] □
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?
□ [Z]
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
□ [XI
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in
connection with this Project? □ [Z]
* If the answer to any question is yes, please explain in full below.
Explanation : Provost & Pritchard provides G+:z:;bb0us~~ls,~~FC ...
engineering and consulting services for 6/23/2022
Date
public and private clients that do business Heather Bashian
Name
with the City of Fresno. Provost & Pritchard Consulting Group
Company
455 W. Fir Avenue
Address
Clovis, CA 93611
City, State Zip
Q Additional page(s) attached .
DEV-S Three Party Agt FYI (05-2022) 20
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EST 1968 455 W. Fir Avenue
PROVOST&
PRITCHARD EXHIBIT C
Clovis, CA 93611-0242
Tel: (559) 449-2700
CONSULTING GROUP Fax: (559) 449-2715
An Employee Owned Company www .provostandpritchard.com
June 9, 2022
Karen Kendall
Development Manager
Derrel's Mini Storage, Inc.
3239 W Ashlan Ave.
Fresno, CA 93722
Subject: Environmental Planning Services for a Derrel's Mini Storage #56 on the East
Side of Grantland Avenue between North Parkway Drive and West Bullard
Avenue, Fresno, California
Dear Ms. Kendall:
Thank you for the opportunity to submit this proposal to provide environmental planning services
for the subject project. This proposal discusses our understanding of the project, recommends a
scope of services together with associated fees, deliverables and approximate schedules, sets
forth our assumptions and discusses other services that may be of interest as the project
proceeds.
Project Understanding
Provost & Pritchard understands that the Developer, Derrel's Mini Storage (DMS), seeks
professional environmental planning assistance to complete the California Environmental Quality
Act (CEQA) compliance documentation for a Prezone, Annexation, and Development Permit for
a 25.95-acre personal storage development, located on the east side of North Grantland Avenue
between North Parkway Drive and West Bullard Avenue (APNs: 504-081-02s through -10s, and
-13). A total of 77.2 acres would be annexed into the City of Fresno. It is assumed that the level
of CEQA documentation necessary for the Project will be an Initial Study/Mitigated Negative
Declaration (IS/MND).
Scope of Services
Our proposed scope of work for this proposal is segregated into several phases, described below.
Phase MND: Initial Study/ Mitigated Negative Declaration
• Participate in one (1) kick-off meeting with the City to finalize communication protocol and
project schedule. The City will provide electronic copies of any previously prepared
technical reports and any other project background information.
• Following the kick-off meeting, our team will prepare a draft letter to notify Native American
Tribes in accordance with Public Resources Code Section 21080.3.1 (AB 52). Since
correspondence must be between the City and the Tribes, the City will be responsible for
finalizing the letter, printing on City letterhead, and mailing to the Tribes.
l:\Marketing\Proposals\2021\Darrel's Mini Storage -CEQA 21-311\Wori<ing Drafts\Exhibit C_F.docx
Engineering • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting
Clovis• Bakersfield • Visalia • Modesto• Los Banos • Chico • Sacramento • Sonora
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Derrel's Mini Storage, Inc. June 9, 2022
Derrel's Mini Storage #56 Page 2 of 8
Proposal No. 21-311
• Complete the City of Fresno's Environmental Assessment (EA) form and submit it to the
City.
• Prepare the Administrative Draft IS/MND pursuant to the CEQA Guidelines Appendix G
Environmental Checklist.
• Each section of the IS/MND will provide a discussion of the environmental setting for that
environmental issue area, a listing of the federal, State and local laws as they relate to
this project, and the impacts analyses. Thresholds for the standards of significance and
mitigation measures, as appropriate will also be discussed.
• Provost & Pritchard will conduct a one-mile radius records search at the Southern San
Joaquin Valley Information Center (SSJVIC) to identify any previously recorded sites
located or previous studies conducted within the Project area. During the records search,
we will determine if any previously recorded cultural resources identified within the Project
area are listed in the National Register of Historic Places (NRHP) or the California Register
of Historical Resources (CRHR).
• All other technical studies will be completed by others, described below, will be
incorporated by our team into the IS/MND.
• Participate in up to one (1) project team meeting with City staff via phone or video
conference to discuss any comments or concerns regarding the analysis presented in the
IS/MND.
• Upon receipt of one (1) set of consolidated City review comments, our team will
incorporate the comments into the document and provide the City with the Draft IS/MND,
with insertions, deletions, and formatting changes in strike-through and underline (i.e.
Microsoft Word 'Track Changes" version).
• Prepare the Notice of Intent (NOi), Notice of Completion (NOC, Current Version), and
Notice of Determination (NOD) for the City's use.
Deliverables :
• One (1) electronic copy (Word) of the AB 52 letter, Administrative Draft IS/MND, Draft
IS/MND, Mitigation Monitoring and Reporting Program (MMRP), NOi, NOC, and NOD.
Phase AQ: Air Quality and Greenhouse Gas Technical Study
For this phase, Provost & Pritchard is teaming with Johnson, Johnson & Miller Air Quality
Consulting Services (JJM) to provide the following tasks:
Criteria Pollutant and Greenhouse Gas Emission Estimation
Emissions associated with project construction and operation will be evaluated using the current
version of the California Emissions Estimator Model (CalEEMod) at the time of preparation.
Pollutants to be assessed include reactive organic gases, oxides of nitrogen, carbon monoxide,
sulfur oxide, particulate matter, fine particulate matter, and carbon dioxide equivalents in metric
tons (MTC02e). Impacts from emissions would be evaluated and documented. This task includes
one round of emissions modeling. If applicable, any mitigated scenarios necessary will be
quantified as part of this task.
Guidance presented by the San Joaquin Valley Air Pollution Control District (SJVAPCD) and the
City of Fresno (if applicable) will be followed in the assessment and estimation of emissions,
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Derrel's Mini Storage, Inc. June 9, 2022
Derrel's Mini Storage #56 Page 3 of 8
Proposal No . 21-311
including following the SJVAPCD's recommendations for analytical approaches, thresholds, and
if necessary, mitigation measures or proposed project design features.
The methodology (including modeling assumptions), analysis, and results will be provided in a
technical memorandum.
Ambient Air Quality Analysis Screening (AAQA)
The SJVAPCD recommends that development projects be evaluated for potential health impacts
to surrounding receptors (on-site and off-site) resulting from operational and multi-year
construction Toxic Air Contaminant (TAC) emissions. There are existing sensitive receptors
located with 1,000 feet of the project boundary. Notably, there are single-family homes within 200
feet of the project boundary in multiple locations. In addition, there is an existing elementary
school with buildings located as close as 300 feet southwest of the project site.
The appropriate level of analysis will be confirmed using available screening methods. It is
assumed that an AAQA will not be necessary to assess air quality impacts for the project. Rather,
on-site project emissions will be compared to the SJVAPCD's 100-pounds-per-day screening
thresholds for relevant pollutants. Where applicable, other screening methods may be used to
evaluate localized emissions. If the screening methods are applied and it is determined that an
AAQA would be necessary, the work would not be performed without authorization. Additional
work associated with an AAQA would be performed through a contract amendment. Please note
that the AAQA is separate from the analysis described herein.
Health Risk Assessment/Health Risk Screening (HRA)
Elevated health risks from the proposed project would be evaluated as part of the air quality
analysis. An HRA will be prepared to assess health impacts from diesel particulate matter (DPM)
emissions resulting from operations of the project. If construction PM10 emissions exceed the
100-pounds-per-day screening level, the HRA will also include construction emissions. The
HRNHRA Screening will be prepared consistent with California Air Resources Board (CARB),
Office of Environmental Health Hazard Assessment (OEHHA), and SJVAPCD guidelines. The
HRA will be conducted to calculate the incremental increase in cancer and non-cancer risks to
sensitive receptors within 1,000 feet of the project site from localized DPM emissions generated
by the project. The methodology, analysis, and results will be provided as part of the technical
memorandum. Supporting technical data will include assumptions, calculations, and (if
applicable) modeling results.
Greenhouse Gas Analysis
JJM will conduct a greenhouse gas (GHG) analysis that will include estimates of GHG emissions
associated with construction and operation of the project. The analysis will follow SJVAPCD and
applicable local guidance and will be performed in accordance with the CEQA Guidelines and
applicable standards of local agencies.
A single Technical Memorandum, addressing Air Quality, Health Risk Assessment, and
Greenhouse Gas Emissions will be prepared. Supporting technical data will be appended to the
technical memorandum.
Addressing CEQA Impact Questions
Within the Technical Study described above, JJM will provide impact analyses for air quality and
GHG resource sections using the analyses described in the tasks above . Where applicable, the
analysis will be qualitative based on the nature of the project. In accordance with the CEQA
guidelines (including the amendments effective December 28, 2018), the questions listed below
will be addressed.
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Oerrel's Mini Storage, Inc . June 9 , 2022
Derrel's Mini Storage #56 Page 4 of 8
Proposal No. 21 -311
For air quality impacts the following questions will be answered:
• Would the project conflict with or obstruct implementation of the applicable air quality plan?
• Would the project result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is nonattainment under an applicable national or
State ambient air quality standard (including releasing emissions, which exceed
quantitative thresholds for ozone precursors)?
• Would the project expose sensitive receptors to substantial pollutant concentrations?
• Would the project result in other emissions (such as those leading to odors) adversely
affecting a substantial number of people?
For GHG impacts, the following questions will be answered:
• Would the project generate greenhouse gas emissions, either directly or indirectly, that
may have a significant impact on the environment?
• Would the project conflict with any applicable plan, policy or regulation of an agency
adopted for the purpose of reducing the emissions of greenhouse gases?
Deliverable:
• One (1) electronic copy of the Air Quality and Greenhouse Gas Technical Study
Phase BIO: Biological Resource Assessment
For this phase, Provost & Pritchard is teaming with Argonaut Ecological Consulting to prepare a
biological resource evaluation.
Argonaut will conduct a data review (wetlands, soils, species status species) for the Study Area .
A Biological Resource Assessment Report will be prepared to detail the results of the database
review, field characterization of habitats present, and the potential presence for the site to support
sensitive habitats and sensitive species. The report will include an assessment of any sensitive
resources, including wetlands/aquatic habitat, general wildlife, special status species, and nesting
birds. A habitat map will be prepared and will show any potential waters or other sensitive habitat.
The biological assessment will include any recommendations for additional studies. The Biological
Assessment Report will serve as the technical basis for evaluating biological resources under the
California Environmental Quality Act.
Deliverable:
• One (1) electronic copy of the Biological Assessment Report.
Phase TIS: Scoping Letter for Traffic Impact Study
For this phase, Provost & Pritchard is teaming with Peters Engineering Group to prepare a
scoping letter to determine the necessity for a traffic impact study.
Kickoff Meeting
Peters Engineering Group will attend a kickoff meeting with Client and Client's representatives to
discuss pertinent aspects of the Project. The kickoff meeting will be accomplished via telephone
or email if desired.
Do cuSign Envelope ID: 2DC8C85F-1C17-49F7-AF66-54EDD336CF17
Derrel 's M ini Storage, Inc.
Derrel's Mini Storage #56
Proposal No. 21-311
Field Review
June 9 , 2022
Page 5 of 8
Peters Engineering Group will perform a field review to ascertain the existing road conditions and
traffic patterns in the vicinity of the Project site.
Project Trip Generation
Peters Engineering Group will calculate the number of vehicle trips expected to be generated by
the proposed project. The calculations will utilize data available in the Institute of Transportation
10thEngineers Trip Generation Manual, Edition. If the Project requires a General Plan
Amendment, trip generation estimates will also be provided for hypothetical development of the
site in accordance with the currently-planned land use .
Project Traffic Modeling / Project Trip Distribution
Project traffic modeling is not proposed. Project trips will be distributed manually using
engineering judgment and available traffic counts in the vicinity of the site.
Vehicle Miles Traveled (VMT)
In the absence of Project-specific traffic modeling, Consultant will develop an opinion statement
suggesting that Phases 1 and 2 of the Project may be screened out (presumed to cause a less
than significant transportation impact) based on total daily trip generation. It may also be possible
to screen out all three phases if the City will accept the conclusion that the Project will have local
serving characteristics, similar to a local-serving retail project. The applicant may consider
eliminating Phase 3 of the Project to stay below the trip generation threshold set by the VMT
Guidelines and avoid further VMT analyses and exposure to a potentially-significant impact.
Scoping Letter
Consultant will summarize the results of the tasks described above in a scoping letter that will
include a figure identifying the volume and distribution of project trips to the adjacent road network.
The scoping letter will be presented to the Client, City staff, County of Fresno staff, and Caltrans
staff. Based on the information presented, the City of Fresno will determine the intersections and
road segments to be studied and will approve any proposed deviations from the Traffic Study
Checklist.
Deliverables:
• One (1) electronic copy of the Scoping Letter
Phase VMT: Vehicle Miles Traveled Modeling
For this phase, Provost & Pritchard is teaming with Peters Engineering Group to perform project
specific traffic modeling for VMT analyses for inclusion into Phase TIS.
• Coordinate with the Fresno Council of Governments (COG) and a COG-approved traffic
modeling consultant to perform Project-specific traffic modeling.
• Traffic modeling (select zone analyses) will be performed for the base year with the Project
to determine the Project-specific vehicle miles per employee and the regional VMT with
and without the Project.
• Select zone analyses will also be prepared for the horizon year to determine the regional
distribution of Project trips.
DocuSign Envelope ID: 2DC8C85F-1C17-49F7-AF66-54EDD336CF17
Derrel's Mini Storage, Inc.
Derrel's Mini Storage #56
Proposal No. 21-311
June 9, 2022
Page 6 of 8
Deliverables:
• Traffic modeling for VMT analyses for inclusion into Phase TIS
Professional Fees
Provost & Pritchard Consulting Group will perform the services in this Phase for the fixed fee
amount of $53,800. These services will be invoiced monthly, on a percent-complete basis.
Reimbursable Expenses are included in the Fixed Fee amount stated.
Phase Estimated Fee
Phase ENV $25,000
Phase AQ $5,200
Phase BIO $8,200
Phase TIS $4,300
Phase VMT $11,100
Total Estimated Fee: $53,800
If the scope changes materially from that described above, as a result of any agency's decision
or because of design changes requested by the Developer, we will prepare a revised estimate of
our fees for your approval before we proceed. This includes any additional scope needed to
address work discussed in Sections 1 and 5 of the Third Party Agreement to be executed between
the Developer, City and Provost & Pritchard.
Schedule
Once we receive a signed contract, the executed Third Party Agreement with the City of Fresno,
and are authorized to proceed, we will begin work.
Phase Estimated Schedule
Phase ENV1 6 to 8 weeks
Phase AQ 6 weeks
Phase BIO 6 to 8 weeks
Phase TIS 2 weeks
Phase VMT 4 to 6 weeks
1 Administrative Draft IS/MND prepared and submitted for review and
comment. Includes MMRP.
NOTE: The Developer and Consultant acknowledge and understand that the timeline is based on
the date of formal acceptance of the project. A delay in receiving deliverables as outlined in the
Scope of Work or multiple revisions will extend the timeline by the number of days equal to the
period of the delay.
DocuSign Envelope ID: 2DC8C85F-1C17-49F7-AF66-54EDD336CF17
Derrel's Mini Storage , Inc.
Derrel's Mini Storage #56
Proposal No. 21-311
Assumptions
June 9 , 2022
Page 7 of 8
• Preparation of the Administrative Draft Initial Study is dependent on receipt of all technical
studies. Delay in receipt of the studies may have impacts to the overall schedule.
• Mutually-agreed-upon modifications to the scope and tasks may modify the contract (i.e.,
inclusion of additional technical studies, site design, review services, additional
intersections required to be analyzed by City of Fresno staff etc.)
• The City will provide one (1) set of consolidated comments on the Administrative Draft
IS/MND. Revisions to the document as a result of additional rounds of comments can be
prepared through contract amendment.
• This proposal does not include focused surveys, handling of special ~tatus species, or
documentation beyond what has been described in this scope of work.
• The applicanUowner will provide access to the site.
• This proposal does not include the preparation of any permits associated with jurisdictional
waters or special status species and habitat.
• The biological evaluation and site visit does not include jurisdictional assessment or
Aquatic Resources Delineation for jurisdictional determinations of any waters of the United
States or waters of the State.
• City review periods are anticipated to be 30 business days. Agency review time is out of
our control and may have impacts to the overall schedule.
• The City will be responsible for circulation of the document and filing of all notices with the
Fresno County Clerk.
• While we will help the City comply with the timing requirements of AB 52, we cannot
establish or guarantee the duration of the required consultation period that a Tribe may
request.
• Provost & Pritchard will not be responsible for the payment of all filing fees, including the
California Department of Fish and Wildlife CEQA filing fee.
• The Project deliverables will be provided to the City in electronic and print form at the
conclusion of the work or at major milestones during the course of the work. The
environmental documents shall be submitted in Word version. All revisions shall be
outlined in track changes.
• A Water Supply Assessment, or a Scoping Meeting, will not be required.
Additional Services
The following services are not included in this proposal, however these and others can be
provided at additional cost, upon request.
• Duplication of the document, circulation of the documents to the State Clearinghouse
and/or other agencies or entities or filing the NOi or the NOD with the Fresno County
Clerk.
• Payment of fees associated with the document.
DocuSign Envelope ID: 2DC8C85F-1C17-49F7-AF66-54EDD336CF17
Derrel's Mini Storage, Inc. June 9, 2022
Derrel's Mini Storage #56 Page 8 of 8
Proposal No. 21-311
• Any work efforts required after delivery of the Final Draft IS/MND and relevant notices to
the City.
• Phase I Environmental Site Assessments (ESA)
• Water Supply Assessment (WSA)
• Aquatic Resources Delineation and Jurisdictional Determination;
• Regulatory Permitting pursuant to Section 401 and Section 404 of the Clean Water Act;
Preparation of Lake or Streambed Alteration Notification Package for submittal to
California Department of Fish and Wildlife pursuant to Section 1602 of the Fish and Game
Code;
• Mitigation Monitoring and Reporting Program compliance;
• Pre-construction and/or Post-construction Biological Surveys; Nesting Bird Surveys in
accordance with the Migratory Bird Treaty Act (MBTA); and
• Worker Environmental Awareness Program (WEAP) Training.
Terms and Conditions
If this proposal is acceptable, please sign the attached Consultant Services Agreement, and
return a copy to our office. These documents along with the executed Third Party Agreement with
the City of Fresno will serve as our Notice to Proceed. This proposal is valid for 60 days from the
date above.
Thank you for the opportunity to work with the City on this important project. If you have any
questions or comments on this proposal, please contact Dawn E. Marple at (559) 636-1166 or via
email at dmarple@ppeng.com .
~~L-
Heather Bash ian, RCE 73075
Director of Operations
Terms and Conditions Accepted
By Karen Kendall, Development Manager, Derrel's Mini Storage, Inc.
UOocuSigned by:
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Karen Kendall
Printed Name
6/28/2022Development Manager
Title Date