HomeMy WebLinkAboutKimley-Horn & Associates Inc - Agreement Consultant - 8.3.22DocuSign Envelope ID : B8832E42-54CD-4644-926C-7 4D17778888A
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSUL TANT SERVICES
81312022ThIs. A greement .Is ma de an d en tere d .into, effect·Ive ____ _______,
by and between the CITY OF FRESNO, a California municipal corporation (City), and
KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional Engineering services for Airport
Pavement Management Plan Update (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Engineer and hereby represents that it desires to and is professionally and legally capable
of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which the
Consultant shall provide professional services, to be paid with Airport funds and
reimbursed with pledged Federal Aviation Administration Entitlement Funds as they are
made available; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for City by its Director of Aviation
(Director) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform 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 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 earlier of complete rendition of the services hereunder or December 31, 2023,
subject to any earlier termination in accordance with this Agreement. The services
of the Consultant as described in Exhibit A are to commence upon the City's
issuance of a written "Notice to Proceed." Work shall be undertaken and
completed in a sequence assuring expeditious completion, but in any event, all
such services shall be completed within 365 consecutive calendar days from such
authorization to proceed.
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3. Compensation.
(a) The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee of Eighty Nine Thousand Three Hundred Dollars and Zero Cents
($89,300.00). Such fee includes all expenses incurred by the Consultant in
performance of the services.
(b) Detailed statements shall be rendered monthly and will be payable in the
normal course of City business.
(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, Remed ies, 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
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(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Director's request, in the event the Consultant
fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Consultant and
without its fault or negligence such as, acts of God or the public enemy, acts
of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Consultant shall notify Director in writing as soon as it is
reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Director of the cessation of such occurrence.
5. Confidential Information , Ownership of Documents, and Copy ri ght License.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the City. During the term of this Agreement, and thereafter, the
Consultant shall not, without the prior written consent of the City, disclose
to anyone any Confidential Information. The term Confidential Information
for the purposes of this Agreement shall include all proprietary and
confidential information of the City, including but not limited to business
plans, marketing plans, financial information, designs, drawings,
specifications, materials, compilations, documents, instruments, models,
source or object codes and other information disclosed or submitted, orally,
in writing, or by any other medium or media. All Confidential Information
shall be and remain confidential and proprietary in the City.
(b) Any and all original sketches, pencil tracings of working drawings, plans,
computations, specifications, computer disk files, writings and other
documents prepared or provided by the Consultant pursuant to this
Agreement are the property of the City at the time of preparation and shall
be turned over to the City upon expiration or termination of the Agreement
or default by the Consultant. The Consultant grants the City a copyright
license to use such drawings and writings. The Consultant shall not permit
the reproduction or use thereof by any other person except as otherwise
expressly provided herein. The City may modify the design including any
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drawings or writings. Any use by the City of the aforesaid sketches,
tracings, plans, computations, specifications, computer disk files, writings
and other documents in completed form as to other projects or extensions
of this Project, or in uncompleted form, without specific written verification
by the Consultant will be at the City's sole risk and without liability or legal
exposure to the Consultant. The Consultant may keep a copy of all
drawings and specifications for its sole and exclusive use.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7 . Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8 . Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
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(b)
(c)
(d)
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by the
City's Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to the City, its officers, officials, employees,
agents and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
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.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. the Consultant and any subcontractor/sub-consultant
shall establish additional insured status for the City, its officers, officials,
employees, agents, and volunteers by using Insurance Service Office (ISO)
Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by
an executed manuscript company endorsement providing additional
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insured status as broad as that contained in ISO Form CG 20 10 11 85.
9 . Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.), the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to
Compete). At any time, upon written request of the City, the Consultant
shall provide a written opinion of its legal counsel and that of any
subcontractor that, after a due diligent inquiry, the Consultant and the
respective subcontractor(s) are in full compliance with all laws and
regulations. The Consultant shall take, and require its subcontractors to
take, reasonable steps to avoid any appearance of a conflict of interest.
Upon discovery of any facts giving rise to the appearance of a conflict of
interest, the Consultant shall immediately notify the City of these facts in
writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any the City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant's subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project. the Consultant and any of its
subcontractors shall have no interest, direct or indirect, in any other contract
with a third party in connection with this Project unless such interest is in
accordance with all applicable law and fully disclosed to and approved by
the City Manager, in advance and in writing.
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(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event the Consultant maintains an office or operates a
facility(ies}, or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City's Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms and Federal Assurances.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Director or designee.
(b) Records of the Consultant's expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available . to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11 (b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
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Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
(d) The City will carry out applicable federal requirements in the administration
of this Agreement. Notwithstanding Section 25 herein, the Consultant
agrees to comply with all applicable federal assurances identified in Exhibit
D and require that each subcontract include the same assurances by each
of its subcontractors.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) the Consultant will comply with all applicable laws and regulations providing
that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) the Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
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regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13 . Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting
solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents or employees shall be deemed an officer, agent, employee,
joint venturer, partner or associate of the City for any purpose. The City
shall have no right to control or supervise or direct the manner or method
by which the Consultant shall perform its work and functions. However, the
City shall retain the right to administer this Agreement so as to verify that
the Consultant is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or 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 the City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, the
Consultant shall be solely responsible, indemnify, defend and save the City
harmless from all matters relating to employment and tax withholding for
and payment of the Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment
benefits, entitlements, programs and/or funds offered employees of the City
whether arising by reason of any common law, de facto, leased, or co-
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employee rights or other theory. It is acknowledged that during the term of
this Agreement, the Consultant may be providing services to others
unrelated to the City or to this Agreement.
14. 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. Bind i 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.
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 . Compl iance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18 . Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19 . Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
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interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20 . Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Seve rabi l ity. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22 . Interp retation . The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Att orney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27 . No 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 Agreeme nt. 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
FYI-S Fed Fund Eng . Serv. CSA, Short Fom,, Total Fee (05-2022)
-11-
DocuSign Envelope ID: B8832E42-54CD-4644-926C-74D17778888A
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.]
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
-12-
------------
------------
------------
------------
DocuSign Envelope ID : 88832E42-54CD-4644-926C-74O17778888A
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By :G D0<0Slo..o~f~
~"""""· Henry Thompson, A.A.E., C.A.E., IAP
Director of Aviation
Airports Department
ATTEST:
TODD STERMER, CMC
City Clerk
c 00eo$1g!,<dby:
By: ~;:!:;
Deputy
No signature of City Attorney required.
Standard Document #FedFund Eng.
CSA, Short Form, Total Fee (05-2022)
has been used without modification, as
certified by the undersigned.
By: @:.~
Jon Bartel
Capital Development Specialist
Airports Department
Richard Madrigal, Airports Projects
Supervisor
Airports Department
Addresses:
CITY:
City of Fresno
Attention: Jon Bartel,
Capital Development Specialist
4995 E. Clinton Way
Fresno, CA 93727
Phone: (559) 621-4545
FAX: (559)
E-mail: jon.bartel@fresno.gov
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
-13-
KIMLEY-HORN AND ASSOCIATES, INC.,
a North Carolina Corporation
By:[~2:i~~
Kory Andryscik
Name:
Tit I e: Vice President
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
By: c~·;~Zwr~Jf
llo6C&CSGl31tU
Heath HildebrandtName:
Tit I e: Assistant Secretary
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance: --------
CONSUL TANT:
Kimley-Horn and Associates, Inc.
Attention: Heath Hildebrandt,
P.E.
7900 Rancharrah Parkway, Suite 100
Reno, NV 89511
Phone: [area code and #]
FAX: (775) 636-7834
E-mail: Heath.Hildebrandt@kimley
horn.com
DocuSign Envelope ID: B8832E42-54CD-4644-926C-74D17778888A
FYI-S Fed Fund Eng . Serv. CSA, Short Form , Total Fee (05-2022)
-14-
DocuSign Envelope ID: B8832E42-54CD-4644-926C-7 4D17778888A
Attachments:
1. Exhibit A -Scope of Services
2. Exhibit B -Insurance Requirements
3. Exhibit C -Conflict of Interest Disclosure Form
4. Exhibit D -Assurances
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
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DocuSign Envelope ID : B8832E42-54CD-4644-926C-74D17778888A
Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("CITY"}
and Kimley-Horn and Associates, Inc. ("CONSUL TANT"}
Airport Pavement Management Plan Update
PROJECT TITLE
Project Understanding
The Consultant shall provide the City of Fresno Airports Department with an Airport Pavement
Maintenance/Management Plan (PMMP) ("Project") to the Fresno Chandler Executive Airport. This project
will include the development of existing Pavement System Inventory, determination of current Pavement
Condition Index (PCI) values, prediction of future PCI values, establishment of budgetary planning
estimates for pavement Maintenance and Rehabilitation (M&R), and development of a final PMMP Report.
The project scope is applicable for active aircraft rated runway, taxiway, and apron pavements at Fresno
Chandler Executive Airport as identified in Figure 1.
Figure 1. Fresno Chandler Executive Airport Scope Limits
Scope of Services
The Consultant will provide the services specifically set forth below.
Page 1 of 7
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Task 1 -Project Administration
This task provides for the project management, financial administration, and coordination for the services
for this Project.
The Consultant will provide project management for each task described in this Task Order for the
Project's duration. Project management services are comprised of exercising prudent control of the scope
of work, coordination of schedules, and maintaining quality of services and deliverables provided. This
task also includes management and scheduling of staff and labor.
The Consultant will provide monthly progress reports and on-going Project financial administration
including invoicing. The Progress Reports shall include the Project's current status and future projected
efforts.
Deliverables:
• Monthly progress reports in MS Word (.docx)
Task 2 -Records Review and Pavement System Inventory Update
The purpose of this task is to assemble available, pertinent data on pavement infrastructure and pavement
condition through records research necessary to conduct visual condition surveys, as further described in
Task 4.
The Consultant will perform a desktop review of airfield pavement-related documents made available by
the City's Project Manager, including record drawings of prior airfield pavement rehabilitation projects,
historical photographs , and technical reports. The purpose of the review will be to determine pavement
types, ages, and thickness; subgrade types, thickness, and support values; base thickness and support
values; pavement joint details; and other pertinent pavement structural section information. The
Consultant will work with the City's Project Manager to locate all available existing data. Consultant will
only review airfield pavement rehabilitation projects that have occurred since the Airport's 2015 PMMP
Update.
The City will provide the PA VER Database from the 2015 study. If unavailable, the Consultant will develop
a consolidated PAVER (e.70) database for the City. The Consultant will calibrate the PAVER database
system inventory data to reflect airfield section-level characteristics that include pavement work history,
pavement geometry, inventory customization, rank, branch use, branch ID, branch name, section ID, and
section total sample units. The airfield pavement system inventory characteristics will be modeled or
registered with the PAVER database using the 'Inventory' and 'Work History' modules. The Consultant
will not procure PAVER on behalf of the Airport or perform installation on Airport computers. If desired,
the Airport will be responsible for procuring software and license for PAVER.
Deliverables :
• MS Excel Spreadsheet summarizing the construction documents reviewed as part of the
records research from projects later than 2015
• MS Excel Spreadsheet summarizing any construction history projects that occurred at the
Airport since 2015
• PAVER Database (.e70)
Task 3 -Pavement Network Definition Map Development
The purpose of this task is to develop the Airport's Pavement Network Definition Map.
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Following the completion of Task 2, the Consultant will develop a Pavement Network Definition Map to
depict the airfield pavement geometry. The Pavement Network Definition Map will reflect the pavement
facilities outlined in Figure 1. For this field PCI survey, the Consultant will evaluate the Pavement Network
Definition Map to determine branch and section limits align with current PMMP standards defined in FM
Advisory Circular (AC) 150/5380-6C, Guidelines and Procedures for Maintenance of Airport Pavements
and ASTM Standard D5340-20, Standard Test Method for Airport Pavement Condition Index Surveys .
Draft Pavement Network Definition Map will be subject to field verification of pavement facilities during
Task 4. The Pavement Network Definition Map will be the basis for Technical Exhibit Development, as
further discussed in Task 7.
The Consultant will create Field Map drawings in CADD that will assist inspectors in accurately and
efficiently locating the sample unit locations during efforts for Task 4.
The Consultant will develop 'GIS Navigation Maps' using ESRI ArcGIS that will be utilized in conjunction
with the Field Map drawings during efforts for Task 4. The Consultant will establish data conformance to
potential future GIS integration.
The Consultant will develop a dynamic interactive map application to serve as a real-time network-level
'Inspection Progress Tracker'. The Consultant will provide the stakeholders access to the map and will
allow Airport Managers and Airport-Ops to monitor the PCI survey efforts as they progress.
Deliverables:
• Draft Pavement Network Definition Map (PDF)
• Link for viewing the Inspection Progress Tracker map application (to be decommissioned after
the inspection)
Task 4 -Pavement Condition Index (PCI) Survey
The purpose of this task is to conduct visual PCI surveys of the mainline pavements only. No shoulders,
blast pads, abandoned, or non-aircraft rated pavements shall be inspected as part of this Project.
Using procedures detailed in ASTM D5340-20, "Standard Test Method for Airport Pavement Condition
Index Surveys", the Consultant will conduct a visual condition survey of the airfield pavements.
Additionally, the Consultant will evaluate sampling rate for sufficient statistical confidence to accurately
represent pavement conditions. Any pavement that is subject to recent construction (January 1st, 2021 or
later), specific to structural rehabilitation/repair improvements, will be omitted from PCI Survey efforts and
set to a PCI 100 with an updated work history entry.
The overall data collection effort will consist of the following:
• Airport In-Brief -Discussion of program , PCI Survey, safety, and checklist documentation
• PCI Survey-Collection of pavement distress data in accordance with ASTM D5340-20
• Airport Out-Brief-Discussion of critical pavement distresses and confirmation of Airfield
Pavement Network Definition Map
During the PCI Survey, the Consultant will measure distress type, severity, and quantity for each pavement
area identified in the Network Definition Map developed as part of Task 3. The Consultant's field crew will
collect photographic information and will incorporate select subsets of that information into the Pavement
Evaluation Report. Pavement inspectors will take note of serious distresses or safety concerns that require
immediate attention and will alert the Airport.
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It is anticipated that PCI Survey efforts will be completed during daytime hours and the Consultant's team
will be escorted at all times by Airport Staff. No badging will be required for Consultant staff.
The Consultant will perform a PCI Survey data integrity check to validate all distress data. This review will
be performed by a senior pavement management engineer using a standard checklist form prior to input
of data into the PAVER database. Distress integrity and reliability will be reviewed using the ASTM D5340-
20 and field photographic record documentation provided by the primary inspection teams.
The Consultant will update the Draft Pavement Network Definition Map based on field verification of
pavement facility limits, geometries, and/or designations.
Deliverables :
• Completed Airport Checklist Form
• MS Excel Spreadsheet summarizing PCI values (to be incorporated in final report)
• Final Pavement Network Definition Map (PDF)
Task 5 -Subsurface Geotechnical Investigation
The Consultant will have a Subsurface Geotechnical Investigation performed on Runway 12-30. This
work will be completed by a subconsultant, Moore Twining Associates, Inc . and will consist of the
following:
Pavement Core Extraction -the extracted cores will be 6-inches in nominal diameter up
to a maximum expected thickness of 20-inches. The cores will be measured and
photographed. All core locations will be backfilled and patched with an FAA approved
pavement patch material. Pavement core extraction will be limited up to four (4) cores.
CBR Testing - A soil sample will be collected for laboratory California Bearing Ratio
(CBR) determinations at one (1) of the pavement core extraction locations.
Subsurface geotechnical exploration will be limited to a planning-level investigation and will not consist
of an exploration program defined in FAA AC 150/5320-GG. The final report will be issued as part of the
final Technical Report
Deliverables:
• Geotechnical investigation report (to be included in final report)
Task 6 -Non-Destructive Testing and PCN/PCR Determination
The Consultant will have Non-Destructive Testing performed on Runway 12-30 at the Airport in the form
of Falling Weight Deflectometer (FWD) Testing. This work will be completed by a subconsultant, Quality
Engineering Solutions, Inc. (QES) and will be performed in accordance with FAA AC 150/5370-11 B "Use
of Nondestructive Testing in the Evaluation of Airport Pavements." Based on the maximum FWD
deflections measurements, pavement layer stiffnesses will be calculated. From there, pavement layer
strengths will be backcalculated using the linear-elastic modeling program BAKFAA. PCN calculations will
then be performed using the COMF AA software while adhering to the FAA AC 150/5335-SC "Standardized
Method of Reporting Airport Pavement Strength -PCN." Should the current draft standard FAA AC
150/5335-SD "Standard Method of Reporting Airport Pavement Strength -PCR" become final before the
project is completed, the PCR calculations will be performed in lieu of the PCN calculations. The
Consultant will deliver a draft structural analysis report subject to one (1) round of review to gain
concurrence. The final report will be issued as part of the final Technical Report.
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Deliverables:
• Structural analysis report
• Subject to one (1) round of review
Task 7 -M&R Policy Development
The Consultant will develop customization information including the critical PCI (condition at which major
rehabilitation is identified}, prioritization guidelines, maintenance policies, unit costs for M&R activities,
budget expectations, and fiscal year planning. Preventative and Stopgap Maintenance planning by
distress type will be based on engineering judgement and guidance established by the FM 150/5380-6C.
The Airport will provide annual operating budget information and available cost data regarding pavement
maintenance and construction for recent projects. If cost data is unavailable, the Consultant will utilize
cost data from recent projects in the surrounding area. Major Rehabilitation planning may vary by
pavement composition and functional use. This information provides the basis for the functional analysis
and development of a 10-year budgetary planning tool.
The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's
methods of determining prices or over competitive bidding or market conditions. Opinions of probable
costs provided herein are based on the information known to Consultant at this time and represent only
the Consultant's judgment as a design professional familiar with the construction industry. The Consultant
cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its
opinions of probable costs.
This PMMP is intended to provide the Airport with planning-level data and does not intend to preclude the
responsible engineer in performing the appropriate level of investigation and analysis in determining the
appropriate design details of a pavement rehabilitation. It would not be advisable to solely base design
level rehabilitation without the appropriate level of investigation and determination of pavement
deterioration beyond that of a visual functional condition assessment.
The Consultant will perform the necessary database customizations in the PAVER database based on
the finalized M&R policies.
Deliverables:
• MS Excel Spreadsheet summarizing M&R Policies and Unit Cost Estimates
• Subject up to one (1) round of review
Task 8 -PAVER Data Analysis and Exhibit Development
The Consultant shall review the existing database inventory in conjunction with the available PCI data to
develop pavement performance models. The Consultant shall analyze the work history, pavement
composition, branch use, section definition, and historic condition performance to statistically develop
prediction model curves to forecast future pavement performance.
The Consultant will perform the necessary database customizations in the PAVER database based on
the finalized Performance Models.
The Consultant will conduct a PAVER analysis of the functional pavement condition data. The analysis
will consist of the following:
Analysis of functional condition and forecasted functional performance using most recent PCI
survey results and statistical extrapolation techniques
Identification of short-term maintenance and rehabilitation needs (Localized M&R) and long-term
reconstruction needs (Major M&R)
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The Consultant will develop graphical technical exhibit maps to display the analysis performed above.
Technical Exhibits will consist of the following:
5-year Forecasted PCI Exhibit map
• 10-year Forecasted PCI Exhibit map
10-year Major M&R Needs Exhibit map
Deliverables:
• 5-year Forecasted PCI Exhibit map (PDF)
• 10-year Forecasted PCI Exhibit map (PDF)
• 10-year Major M&R Needs Exhibit map (PDF)
Task 9 -PMMP Report ing
The results of the PMMP will be analyzed, summarized, and presented in a technical PMMP Report by
the Consultant. The PMMP Report will be a reference to help support management and engineering
decisions concerning pavement rehabilitation, maintenance , and funding for each calendar year.
A draft PMMP Report will be developed by the Consultant and submitted to the City's Project Manager
for up to one (1) round of review and comment. After review, the Airport's comments and necessary
changes will be incorporated into the final PMMP Report by the Consultant.
Deliverables:
• Draft PMMP Report (PDF)
• Subject up to one (1) round of review
• Final PMMP Report (PDF)
Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:
• Survey
• Construction Inspection/Observations Services
• Pavement design
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates .
Information Provided By OWNER
Kimley-Horn will be entitled to rely on the completeness and accuracy of all information provided by
the OWNER or the OWNER's representatives. The OWNER will provide all information requested
by the Consultant during the project, including but not limited to the following:
• Airport Pavement Thickness and Composition
• Airport Layout Plans
• Master Plan Documents
• Record Drawings
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• Engineering Reports (Design, Geotechnical, Testing, etc.)
• Pavement Classification Number Reports
• Relevant Pavement Construction Bid Tabulations
Responsibilities of Owner
In addition to other responsibilities set out in this Agreement, the OWNER will :
• Provide access to the project site when requested
• Provide escort services to Consultant staff during PCI Survey efforts
Schedule
Kimley-Horn will provide the services within a reasonable length of time, as expeditiously as practicable
to meet the mutually agreed upon schedule.
Fee and Expenses
Consultant will perform the services in Tasks 1 through 9 for the total lump sum shown below. Individual
task amounts are informational only. All permitting, application, and similar project fees will be paid
directly by the OWNER; should the OWNER request the Consultant to advance any such project fees
on the OWNER's behalf, a separate invoice for such fees , with a ten percent (10%) markup , will be
immediately issued to and paid by the OWNER.
Table 1 -Fee
Breakdown
Task Unit Amount
Task 1 -Project Administration LS $6 ,950
Task 2 -Records Review, Pavement System Inventory
Deve lo pmen t, and PAVER Database
LS $5,600
Task 3 -Pavement Network Definition Map Development LS $7,670
Task 4 -PCI Survey LS $26,910
Task 5 -Subsurface Geotechnical Investigation LS $6,960
Task 6 -Non-Destructive Testing and PCN/PCR Determination LS $12,790
Task 7 -M&R Policy Development LS $6,110
Task 8-PAVER Data Analysis and Technical Exhibit Development LS $4,700
Task 9-PMMP Reporting LS $11,610
Total $89,300
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and Kimley-Horn and Associates, Inc. (Consultant)
Airport Pavement Management 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,
(iv) $2,000,000 general aggregate applying separately to the work
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
Page 1 of 4
Exhibit B
DocuSign Envelope ID : BB832E42-54CD-4644-926C-74D17778888A
performed under the Agreement.
2 . COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage .
OR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not
less than:
(i) $100,000 per person;
(ii) $300,000 per accident for bodily injury; and,
(iii) $50,000 per accident for property damage.
3 . WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5 . PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(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 on the Certificate of Insurance, and approved by, the City's Risk Manager or
designee. At the option of the City's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees,
agents and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City's Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall the City be responsible for the payment
of any deductibles or self-insured retentions.
FYI-S Fed Fund Eng. Sent . CSA, Short Fam,, Total Fee (05-2022)
Page 2 of 4
Exhibit B
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74D17778888A
OTHER INSURANCE PROVISIONS
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
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims related to this Agreement, the Consultant's insurance
coverage shall be primary insurance with respect to the City, its officers,
officials, employees, agents and volunteers. Any insurance or self
insurance maintained by the City, its officers, officials, employees, agents
and volunteers shall be excess of the Consultant's insurance and shall not
contribute with it. The Consultant shall establish primary and non
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
20 010413.
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 after completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to the City
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
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Exhibit B
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74O17778888A
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 the same terms and conditions. Upon issuance by the insurer, broker, or agent of
a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant
shall furnish the City with a new certificate and applicable endorsements for such
policy(ies). In the event any policy is due to expire during the work to be performed for
the City, the Consultant shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen calendar days prior to the
expiration date of the expiring policy.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City's Risk Manager or designee prior to the City's
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of the City, the Consultant shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
FYI-S Fed Fund Eng . Serv. CSA, Short Form, Total Fee (05-2022)
Page 4 of 4
Exhibit B
DocuSign Envelope ID: B8832E42-54CD-4644-926C-74D17778888A
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Airport Pavement Management 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 below.
Explanation: ___________
Signature
6/30/2022
Date
Kory Andryscik
(Name)
Kimley Horn and Associates
(Company)
7900 Rancharrah Pkwy, suite 100
(Address)
Reno, NV 89511
□ Additional page(s) attached.
(City, State Zip)
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (05-2022)
Page 1 of 1
Exhibit C
DocuSign Envelope ID: B8832E42-54CD--4644-926C-74O17778888A
EXHIBIT D
ASSURANCES
Consultant Service Agreement between City of Fresno {City)
and Kimley-Horn and Associates, Inc. {Consultant)
A. I. P. PROJECT NO. 3-06-0088-XXX-FY2022
Airport Pavement Management Plan Update
During the performance of this Agreement (hereinafter referred to as "contract" or
"contract documents"), the Consultant, for itself, its assignees and successors in interest
(hereinafter referred to collectively as "the contractor" or "the Consultant") agrees as
follows (hereinafter, "the City" is referred to as "Sponsor"):
I. PROVISIONS APPLICABLE TO ALL PROFESSIONAL SERVICES
CONTRACTS
A. ACCESS TO RECORDS AND REPORTS
The contractor must maintain an acceptable cost accounting system. The contractor
agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller
General of the United States or any of their duly authorized representatives' access to
any books, documents, papers, and records of the contractor which are directly pertinent
to the specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The contractor agrees to maintain all books, records and reports required
under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
8. BUY AMERICAN CERTIFICATION
The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds
may not be obligated unless all steel and manufactured goods used in AIP-funded
projects are produced in the United States, unless the FAA has issued a waiver for the
product; the product is listed as an Excepted Article, Material Or Supply in Federal
Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy
American Waivers Issued list.
A bidder or offeror must submit the appropriate Buy America Certification (below) with all
bids or offers on Airport Improvement Program ("AIP")-funded projects. Bids or offers that
are not accompanied by a completed Buy America certification must be rejected as
non responsive.
Type of Certification is based on Type of Project:
There are two types of Buy American certifications.
• For projects for a facility, the Certificate of Compliance Based on Total Facility
(Terminal or Building Project) must be submitted.
• For all other projects, the Certificate of Compliance Based on Equipment and
Materials Used on the Project (Non-building construction projects such as runway
FYI-S Fed Fund Eng. CSA, Short Form Total Fee (05-2022)
Page 1 of 9
Exhibit D
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74D17778888A
or roadway construction; or equipment acquisition projects) must be submitted.
See Attachments A and B: Buy American Certifications
C. GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to ensure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance.
This provision binds the contractor from the bid solicitation period through the completion
of the contract. This provision is in addition to that required of Title VI of the Civil Rights
Act of 1964.
This provision also obligates the tenant/concessionaire/lessee or its transferee for the
period during which Federal assistance is extended to the airport through the Airport
Improvement Program, except where Federal assistance is to provide, or is in the form of
personal property; real property or interest therein; structures or improvements thereon.
In these cases the provision obligates the party or any transferee for the longer of the
following periods:
a. the period during which the property is used by the airport sponsor or any
transferee for a purpose for which Federal assistance is extended, or for
another purpose involving the provision of similar services or benefits; or
b. the period during which the airport sponsor or any transferee retains ownership
or possession of the property.
D. CIVIL RIGHTS ACT OF 1964, TITLE VI
Compliance with Nondiscrimination Requirements -During the performance of this
contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor'') agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes
consultants) will comply with the Title VI List of Pertinent Nondiscrimination
Statutes and Authorities, as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and
the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the contractor for work to be performed under a subcontract, including
FYI-S Fed Fund Eng . CSA, Short Form Total Fee (05-2022)
Page 2 of 9
Exhibit D
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74D17778888A
procurements of materials, or leases of equipment, each potential
subcontractor or supplier will be notified by the contractor of the contractor's
obligations under this contract and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the sponsor or the
Federal Aviation Administration to be pertinent to ascertain compliance with
such Acts, Regulations, and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the contractor will so certify to the sponsor or the
Federal Aviation Administration, as appropriate, and will set forth what efforts
it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance
with the Non-discrimination provisions of this contract, the sponsor will impose
such contract sanctions as it or the Federal Aviation Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the
contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The contractor will take action with
respect to any subcontract or procurement as the sponsor or the Federal
Aviation Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the contractor may request the sponsor to
enter into any litigation to protect the interests of the sponsor. In addition, the
contractor may request the United States to enter into the litigation to protect
the interests of the United States.
E. DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) -The contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) -The prime contractor agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than {specify
FYI-S Fed Fund Eng. CSA, Short Form Total Fee (05-2022)
Page 3 of 9
Exhibit D
DocuSign Envelope ID: B8832E42-54CD-4644-926C-74O17778888A
number} days from the receipt of each payment the prime contractor receives from {Name
of recipient}. The prime contractor agrees further to return retainage payments to each
subcontractor within {specify the same number as above} days after the subcontractor's
work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the
{Name of Recipient}. This clause applies to both DBE and non-DBE subcontractors.
F. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Federal Fair Labor Standards Act (29
USC 201)
U.S. Department of Labor -Wage and
Hour Division
G. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
The bidder or offerer certifies by signing and submitting this contract, to the best of his or
her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the bidder or offerer, to any person for influencing or attempting to influence
an officer or employee· of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal , amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
FYI-S Fed Fund Eng. CSA, Short Form Total Fee (05-2022)
Page 4 of 9
Exhibit D
DocuSign Envelope ID : B8832E42-54CD-4644-926C-7 4017778888A
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
H. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Occupational Safety and Health Act of
1970 (20 CFR Part 1910)
U.S. Department of Labor -Occupational
Safety and Health Administration
I. RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to
regulations issued by the FAA and the Sponsor of the Federal grant under which this
contract is executed.
J. TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract,
certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country included
in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative ("USTR");
b. has not knowingly entered into any contract or subcontract for this project with
a person that is a citizen or national of a foreign country on said list, or is owned
or controlled directly or indirectly by one or more citizens or nationals of a
foreign country on said list;
c. has not procured any product nor subcontracted for the supply of any product
for use on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30. 17, no contract shall be awarded to a contractor or
subcontractor who is unable to certify to the above. If the contractor knowingly procures
or subcontracts for the supply of any product or service of a foreign country on said list
for use on the project, the Federal Aviation Administration may direct through the Sponsor
cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it
will incorporate this provision for certification without modification in each contract and in
all lower tier subcontracts. The contractor may rely on the certification of a prospective
subcontractor unless it has knowledge that the certification is erroneous.
FYI-S Fed Fund Eng . CSA, Short Form Total Fee (05-2022)
Page 5 of 9
Exhibit D
DocuSign Envelope ID: B8832E42-54CD-4644-926C-7 4D17778888A
The contractor shall provide immediate written notice to the sponsor if the contractor
learns that its certification or that of a subcontractor was erroneous when submitted or
has become erroneous by reason of changed circumstances. The subcontractor agrees
to provide written notice to the contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct
through the Sponsor cancellation of the contract or subcontract for default at no cost to
the Government.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a contractor is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
K. BAN ON TEXTING AND DRIVING
The contractor shall adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while driving when
performing any work for, or on behalf of, the Federal government. The contractor further
agrees to conduct workplace safety initiatives commensurate with the size of its business,
such as establishing rules or programs that prohibit text messaging while driving and
education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
L. CERTIFICATION OF ARCHITECT/ENGINEER
The contractor shall sign and provide the attached certification to Sponsor. Such
certification is to be furnished to the Federal Aviation Administration of the United States
Department of Transportation in connection with this contract.
Attachment C: Certification of Architect/Engineer Form
II. PROVISION APPLICABLE TO PROFESSIONAL SERVICES CONTRACTS
$10,000 AND GREATER
A. TERMINATION OF CONTRACT
1. The Sponsor may, by written notice, terminate this contract in whole or in part at any
time, either for the Sponsor's convenience or because of failure to fulfill the contract
obligations. Upon receipt of such notice services must be immediately discontinued
(unless the notice directs otherwise) and all materials as may have been
accumulated in performing this contract, whether completed or in progress, delivered
to the Sponsor.
FYI-S Fed Fund Eng. CSA, Short Form Total Fee (05-2022)
Page 6 of 9
Exhibit D
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74O17778888A
2. If the termination is for the convenience of the Sponsor, an equitable adjustment in
the contract price will be made, but no amount will be allowed for anticipated profit
on unperformed services.
3. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may
take over the work and prosecute the same to completion by contract or otherwise. In
such case, the contractor is liable to the Sponsor for any additional cost occasioned
to the Sponsor thereby.
4. If, after notice of termination for failure to fulfill contract obligations, it is determined
that the contractor had not so failed, the termination will be deemed to have been
effected for the convenience of the Sponsor. In such event, adjustment in the
contract price will be made as provided in paragraph 2 of this clause.
5. The rights and remedies of the sponsor provided in this clause are in addition to any
other rights and remedies provided by law or under this contract.
Ill. PROVISION APPLICABLE TO PROFESSIONAL SERVICES CONTRACTS
$25,000 AND GREATER
A. CERTIFICATIONS REGARDING DEBARMENT AND SUSPENSION
1. CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR
OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at
the time the bidder or offeror submits its proposal that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from
participation in this transaction.
2. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS)
The successful bidder, by administering each lower tier subcontract that exceeds $25,000
as a "covered transaction", must verify each lower tier participant of a "covered
transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this
by:
1. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding Debarment
and Suspension (Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier
contract
If the FM later determines that a lower tier participant failed to tell a higher tier that it was
excluded or disqualified at the time it entered the covered transaction, the FAA may
pursue any available remedy, including suspension and debarment.
IV. PROVISIONS APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $100,000 AND GREATER
A. BREACH OF CONTRACT TERMS
FYI-S Fed Fund Eng. CSA, Short Form Total Fee (05-2022)
Page 7 of 9
Exhibit D
DocuSign Envelope ID : 88832E42-54CD-4644-926C-74O17778888A
Any violation or breach of terms of this contract on the part of the contractor or their
subcontractors may result in the suspension or termination of this contract or such other
action that may be necessary to enforce the rights of the parties of this contract. The
duties and obligations imposed by the contract documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
8. CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract
or to benefit from the contract is not listed on the Environmental Protection Agency (EPA)
List of Violating Facilities;
2. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control
Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports,
and information, as well as all other requirements specified in Section 114 and Section
308 of the Acts, respectively, and all other regulations and guidelines issued thereunder;
3. That, as a condition for the award of this contract, the contractor or
subcontractor will notify the awarding official of the receipt of any communication from the
EPA indicating that a facility to be used for the performance of or benefit from the contract
is under consideration to be listed on the EPA List of Violating Facilities;
4. To include or cause to be included in any construction contract or
subcontract which exceeds $100,000 the aforementioned criteria and requirements.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic, including watchmen and guards, in any workweek in which he
or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required
FYI-S Fed Fund Eng . CSA, Short Form Total Fee (05-2022)
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Exhibit D
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74O17778888A
by the clause set forth in paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any monies payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph 2 above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs 1 through 4 and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs 1 through 4 of this section.
FYI-S Fed Fund Eng . CSA, Short Form Total Fee (05-2022)
Page 9 of 9
Exhibit D
DocuSign Envelope ID: B8832E42-54CD-4644-926C-74D17778888A
Attachment A: CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR
TOTAL FACILITY
(Buildings such as Terminal, SRE, ARFF, etc.)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one of the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (i.e. not both) by inserting a checkmark ( ✓) or the letter "X".
D Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by:
a) Only installing steel and manufactured products produced in the United
States; or
b) Installing manufactured products for which the FAA has issued a waiver as
indicated by inclusion on the current FAA Nationwide Buy American
Waivers Issued listing; or
c) Installing products listed as an Excepted Article, Material or Supply in
Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin
of the steel and manufactured product.
2. To faithfully comply with providing US domestic products
3. To refrain from seeking a waiver request after establishment of the
contract, unless extenuating circumstances emerge that the FAA
determines justified.
D The bidder or offeror hereby certifies it cannot comply with the 100% Buy
American Preferences of 49 USC § 50101 (a) but may qualify for either a Type 3
or Type 4 waiver under 49 USC § 50101 (b). By selecting this certification
statement, the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening, a
formal waiver request and required documentation that support the type of
waiver being requested.
2. That failure to submit the required documentation within the specified
timeframe is cause for a non-responsive determination may results in
rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA.
4. To furnish US domestic product for any waiver request that the FAA rejects.
5. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines
justified.
Required Documentation
Type 3 Waiver -The cost of components and subcomponents produced in the United
States is more that 60% of the cost of all components and subcomponents of the "facility".
The required documentation for a type 3 waiver is:
FYI-S Fed Fund Eng . CSA, Short Fonn Total Fee (05-2022)
Page 1 of 4
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74O17778888A
a) Listing of all manufactured products that are not comprised of 100% US
domestic content (Excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal Acquisition
Regulation Subpart 25.108; products of unknown origin must be considered as
non-domestic products in their entirety)
b) Cost of non-domestic components and subcomponents, excluding labor costs
associated with final assembly and installation at project location.
c) Percentage of non-domestic component and subcomponent cost as compared
to total "facility" component and subcomponent costs, excluding labor costs
associated with final assembly and installation at project location.
Type 4 Waiver -Total cost of project using US domestic source product exceeds the
total project cost using non-domestic product by 25%. The required documentation for a
type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC§ 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or
fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
6/30/2022
Date Signature
Kimley Horn and Associates vice President
Company Name Title
FYI-S Fed Fund Eng . CSA, Short Form Total Fee (05-2022)
Page 2 of4
Exhibit D
DocuSign Envelope ID : B8832E42-54CD-4644-926C-74O17778888A
Attachment B: CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR
MANUFACTURED PRODUCTS
(Non-building construction projects, equipment acquisition projects)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one on the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (not both) by inserting a checkmark ( ✓) or the letter "X".
□ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States,
or;
b) Installing manufactured products for which the FAA has issued a waiver as
indicated by inclusion on the current FAA Nationwide Buy American Waivers
Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the
steel and manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified.
D The bidder or offeror hereby certifies it cannot comply with the 100% Buy American
Preferences of 49 USC § 50101 (a) but may qualify for either a Type 3 or Type 4
waiver under 49 USC§ 50101(b). By selecting this certification statement, the
apparent bidder or offeror with the apparent low bid agrees:
To the submit to the Owner within 15 calendar days of the bid opening, a formal
waiver request and required documentation that support the type of waiver being
requested.
1. That failure to submit the required documentation within the specified
timeframe is cause for a non-responsive determination may result in rejection
of the proposal.
2. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA.
3. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver -The cost of the item components and subcomponents produced in the
United States is more that 60% of the cost of all components and subcomponents of the
FYI-S Fed Fund Eng. CSA, Short Form Total Fee (05-2022)
Page 3 of 4
Exhibit D
DocuSign Envelope ID: 88832E42-54CD-4644-926C-7 4017778888A
"item". The required documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised
of 100% US domestic content (Excludes products listed on the FAA Nationwide
Buy American Waivers Issued listing and products excluded by Federal
Acquisition Regulation Subpart 25. 108; products of unknown origin must be
considered as non-domestic products in their entirety)
b) Cost of non-domestic components and subcomponents, excluding labor costs
associated with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as compared
to total "item" component and subcomponent costs, excluding labor costs
associated with final assembly at place of manufacture.
Type 4 Waiver -Total cost of project using US domestic source product exceeds the
total project cost using non-domestic product by 25%. The required documentation for a
type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for tota l project using non-domestic product
False Statements: Per 49 USC§ 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or
fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
6/30/2022
Date Signature
Kimley Horn and Associates Vice President
Company Name Title
FYI-S Fed Fund Eng . CSA, Short Form Total Fee (05-2022)
Page 4 of4
Exhibit D
DocuSign Envelope ID : B8832E42-54CD-4644-926C-7 4D17778888A
Attachment C: CERTIFICATION OF ARCHITECT/ENGINEER
A. I. P. PROJECT NO. 3-06-0088-XXX-FY2022
Consultant Service Agreement between City of Fresno
and Kimley-Horn and Associates, Inc.
Airport Pavement Management Plan Update
State of California
I hereby certify that I am the owner and/or duly authorized representative of the firm of
Kimley-Horn and Associates, Inc., whose address is 7900 Rancharrah Parkway, Suite
100, Reno, NV 89511 and that neither I nor the principals here represented have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee
working solely for me or the above consultant) to solicit or secure this contract;
(b) agreed, as an express or implied condition for obtaining this contract, to employ
or retain the services of any firm or person in connection with carrying out the
contract; or
(c) paid or agreed to pay to any firm, organization or person (other than a bona fide
employee working solely for me or the above consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with, procuring or
carrying out the contract; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Federal Aviation Administration
of the United States Department of Transportation in connection with this contract
involving participation of Airport Improvement Program (AIP) funds and is subject to
applicable State and Federal laws, both criminal and civil.
6/30/2022
Date Signature
FYI-S Fed Fund Eng . CSA, Short Form Total Fee (05-2022)
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