HomeMy WebLinkAboutAlan Mok Engineering - Consltant Agreement - 2-25-2023UUL.UJIyII CI IVCIUPU IU. /1LJJU°# I rU-JUI I•+r -UJI DLJI COUDUPi
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
This Agreement is made and entered into, effective on Februaty 25, 2023, by and between
the CITY OF FRESNO, a California municipal corporation (City), and Alan Mok
Engineering (Consultant).
RECITALS
WHEREAS, City desires to obtain professional Civil Engineering services for plans and
specifications for the FAX Maintenance Building Bus Lift Decommissioning.
WHEREAS, Consultant is engaged in the business of furnishing services as a Civil
Engineer and hereby represents that it desires to and is professionally and legally capable
of performing the services called for by this Agreement; and
WHEREAS, 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 Transportation
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services_ Consultant shall perform to the satisfaction of 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 (Effective Date) and shall continue in full force
and effect through August 30, 2023 subject to any earlier termination in accordance
with this Agreement. The services of Consultant as described in Exhibit A are to
commence upon the Effective Date and shall be completed in a sequence assuring
expeditious completion, but in any event, all such services shall be completed prior
to expiration of this Agreement and in accordance with any performance schedule
set forth in Exhibit A.
3. Compensation.
(a) Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Agreement shall be a total fee of
$5,900.00. Such fee includes all expenses incurred by Consultant in
performance of the services.
(b) A detailed statement shall be rendered for services performed and, upon
completion, a one-time payment 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
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Agreement, which modification shall include an adjustment to Consultant's
compensation. Any change in the scope of services must be made by
written amendment to the Agreement signed by an authorized
representative for each party. Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies, and Force Maieure.
(a) This Agreement shall terminate without any liability of City to Consultant
upon the earlier of: (i) Consultant's filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver
commenced by a third party against Consultant; (ii) seven calendar days'
prior written notice with or without cause by City to Consultant; (iii) City's
non -appropriation of funds sufficientto meet its obligations hereunderduring
any City fiscal year of this Agreement, or insufficient funding for the Project;
or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to City
any and all unearned payments and all properties and materials in the
possession of Consultant that are owned by City. Subject to the terms of this
Agreement, Consultant shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. Consultant
shall not be paid for any work or services performed or costs incurred which
reasonably could have been avoided.
(c) In the event of termination due to failure of Consultant to satisfactorily
perform in accordance with the terms of this Agreement, City may withhold
an amount that would otherwise be payable as an offset to, but not in excess
of, City's damages caused by such failure. In no event shall any payment by
City pursuant to this Agreement constitute a waiver by City of any breach of
this Agreement which may then exist on the part of Consultant, nor shall
such payment impair or prejudice any remedy available to City with respect
to the breach.
(d) Upon any breach of this Agreement by Consultant, City may (i) exercise any
right, remedy (in contract, law or equity), or privilege which may be available
to it under applicable laws of the State of California or any other applicable
law; (ii) proceed by appropriate court action to enforce the terms of the
Agreement; and/or (iii) recover all direct, indirect, consequential, economic
and incidental damages for the breach of the Agreement. If it isdetermined
that City improperly terminated this Agreement for default, such termination
shall be deemed a termination for convenience.
(e) Consultant shall provide City with adequate written assurances of future
performance, upon Administrator's request, in the event Consultant fails to
comply with any terms or conditions of this Agreement.
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(f) Consultant shall be liable for default unless nonperformance is caused by
an occurrence beyond the reasonable control of Consultant and without its
fault or negligence such as, acts of God or the public enemy, acts of City in
its contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, unusually severe weather, and delays of common carriers.
Consultant shall notify Administrator in writing as soon as it is reasonably
possible after the commencement of any excusable delay, setting forth the
full particulars in connection therewith, and shall remedy such occurrence
with all reasonable dispatch, and shall promptly give written notice to
Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by Consultant
pursuant to this Agreement shall not be made available to any individual or
organization by Consultant without the prior written approval of the
Administrator. During the term of this Agreement, and thereafter, Consultant
shall not, without the prior written consent of City, disclose to anyone any
Confidential Information. The term Confidential Information for the purposes
of this Agreement shall include all proprietary and confidential information of
City, including but not limited to business plans, marketing plans, financial
information, materials, compilations, documents, instruments, models,
source or object codes and other information disclosed or submitted, orally,
in writing, or by any other medium or media. All Confidential Information shall
be and remain confidential and proprietary in City.
(b) Any and all writings and documents prepared or provided by Consultant
pursuant to this Agreement are the property of City at the time of preparation
and shall be turned over to City upon expiration or termination of the
Agreement. Consultant shall not permit the reproduction or use thereof by
any other person except as otherwise expressly provided herein.
(c) If Consultant should subcontract all or any portion of the services to be
performed under this Agreement, Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between the
parties hereto that inasmuch as Consultant represents to City that Consultant and
its subcontractors, if any, are skilled in the profession and shall perform in
accordance with the standards of said profession necessary to perform the services
agreed to be done by it underthis Agreement, City relies upon the skill of Consultant
and any subcontractors to do and perform such services in a skillful manner and
Consultant agrees to thus perform the services and require the same of any
subcontractors. Therefore, any acceptance of such services by City shall not
operate as a release of Consultant or any subcontractors from said professional
standards.
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7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall
indemnify, hold harmless and defend 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, litigation expenses and cost to enforce this agreement) that arise
out of, pertain to, or relate to the negligence, recklessness or willful misconduct of
CONSULTANT, its principals, officers, employees, agents or volunteers in the
performance of this Agreement.
If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall require each subcontractor
to indemnify, hold harmless and defend CITY and each of its officers, officials,
employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and maintain
in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by
City's Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to City, its officers, officials, employees, agents,
and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the
named insured.
(b) If at any time during the life of the Agreement or any extension, Consultant
or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work underthis Agreement
shall be discontinued immediately, and all payments due or that become
due to Consultant shall be withheld until notice is received by City that the
required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to City. Any
failure to maintain the required insurance shall be sufficient cause for City to
terminate this Agreement. No action taken by City pursuant to this section
shall in any way relieve Consultant of its responsibilities under this
Agreement. The phrase "fail to maintain any required insurance" shall
include, without limitation, notification received by City that an insurer has
commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
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(c) The fact that insurance is obtained by Consultant shall not be deemed to
release or diminish the liability of Consultant, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to
indemnify City shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by Consultant. Approval
or purchase of any insurance contracts or policies shall in noway relieve
from liability nor limit the liability of Consultant, its principals, officers, agents,
employees, persons under the supervision of Consultant, vendors,
suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
(d) If Consultant should subcontract all or any portion of the services to be
performed under this Agreement, Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with Consultant and City prior to the commencement of any services by the
subcontractor. Consultant and any subcontractor/sub-consultant shall
establish additional insured status for City, its officers, officials, employees,
agents, and volunteers by using Insurance Service Office (ISO) Form CG
20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed
manuscript company endorsement providing additional insured status as
broad as that contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non -Solicitation.
(a) Prior to City's execution of this Agreement, Consultant shall complete a City
of Fresno conflict of interest disclosure statement in the form as set forth in
Exhibit C. During the term of this Agreement, Consultant shall have the
obligation and duty to immediately notify City in writing of any change to the
information provided by Consultant in such statement.
(b) Consultant shall comply, and require its subcontractors to comply, with all
applicable (i) professional canons and requirements governing avoidance of
impermissible client conflicts; and (ii) federal, state and local conflict of
interest laws and regulations including, without limitation, California
Government Code Section 1090 et. seq., the California Political Reform Act
(California Government Code Section 87100 et. seq.) and the regulations of
the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et. seq.).
At any time, upon written request of City, Consultant shall provide a written
opinion of its legal counsel and that of any subcontractor that, after a due
diligent inquiry, Consultant and the respective subcontractor(s) are in full
compliance with all laws and regulations. Consultant shall take, and require
its subcontractors to take, reasonable steps to avoid any appearance of a
conflict of interest. Upon discovery of any facts giving rise to the
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appearance of a conflict of interest, Consultant shall immediately notify City
of these facts in writing.
(c) In performing the work or services to be provided hereunder, Consultant
shall not employ or retain the services of any person while such person
either is employed by City or is a member of any City council, commission,
board, committee, or similar City body. This requirement may be waived in
writing by the City Manager, if no actual or potential conflict is involved.
(d) Consultant represents and warrants that it has not paid or agreed to pay any
compensation, contingent or otherwise, direct or indirect, to solicit or procure
this Agreement or any rights/benefits hereunder.
(e) Neither Consultant, nor any of Consultant's subcontractors performing any
services on this Project, shall bid for, assist anyone in the preparation of a
bid for, or perform any services pursuant to, any other contract in connection
with this Project unless fully disclosed to and approved by the City Manager,
in advance and in writing. Consultant and any of its subcontractors shall
have no interest, direct or indirect, in any other contract with a third party in
connection with this Project unless such interest is in accordance with all
applicable law and fully disclosed to and approved by the City Manager, in
advance and in writing. Notwithstanding any approval given by the City
Manager under this provision, Consultant shall remain responsible for
complying with Section 9(b), above.
(f) If Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, Consultant shall
include the provisions of this Section 9 in each subcontract and require its
subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling -Program. In the event Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, Consultant at its sole cost and expense
shall:
(a) Immediately establish and maintain a viable and ongoing recycling program,
approved by City's Solid Waste Management Division, for each office and
facility. Literature describing City recycling programs is available from City's
Solid Waste Management Division and by calling City of Fresno Recycling
Hotline at (559) 621-1111.
(b) Immediately contact City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
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11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of City
within the body of this Agreement, and not otherwise specifically provided
for, shall be effective only if signed by the Administrator or designee.
(b) Records of Consultant's expenses pertaining to the Project shall be kept on
a generally recognized accounting basis and shall be available to City or its
authorized representatives upon request during regular business hours
throughout the life of this Agreement and for a period of three years after
final payment or, if longer, for any period required by law. In addition, all
books, documents, papers, and records of Consultant pertaining to the
Project shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. If any litigation,
claim, negotiations, audit or other action is commenced before the expiration
of said time period, all records shall be retained and made available to City
until such action is resolved, or until the end of said time period whichever
shall later occur. If Consultant should subcontract all or any portion of the
services to be performed under this Agreement, Consultant shall cause
each subcontractor to also comply with the requirements of this paragraph.
This Section 11(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by City, Consultant shall have provided
evidence to City that Consultant is licensed to perform the services called
for by this Agreement (or that no license is required). If Consultant should
subcontract all or any portion of the work or services to be performed under
this Agreement, Consultant shall require each subcontractor to provide
evidence to City that subcontractor is licensed to perform the services called
for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local law,
Consultant shall not employ discriminatory practices in the provision of services,
employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that
no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
(b) Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
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status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. Consultant shall ensure that applicants are
employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to Consultant's employment
practices including, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Consultant agrees to post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant in pursuit hereof, state that all qualified
applicants will receive consideration for employment without regard to race,
religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) Consultant will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of Consultant's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If Consultant should subcontract all or any portion of the services to be
performed under this Agreement, Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, Consultant is acting
solely as an independent contractor. Neither Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner or associate of City for any purpose. City shall have
no right to control or supervise or direct the manner or method by which
Consultant shall perform its work and functions. However, City shall retain
the right to administer this Agreement so as to verify, that Consultant is
performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture between
Consultant and City. Consultant shall have no authority to bind City absent
City's express written consent. Except to the extent otherwise provided in
this Agreement, Consultant shall bear its own costs and expenses in pursuit
thereof.
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(c) Because of its status as an independent contractor, Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to City employees. Consultant
shall be solely liable and responsible for all payroll and tax withholding and
for providing to, or on behalf of, its employees all employee benefits
including, without limitation, health, welfare and retirement benefits. In
addition, together with its other obligations under this Agreement,
Consultant shall be solely responsible, indemnify, defend and save City
harmless from all matters relating to employment and tax withholding for and
payment of Consultant's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding,
payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes and payment;
and (ii) any claim of right or interest in City employment benefits,
entitlements, programs and/or funds offered employees of City whether
arising by reason of any common law, de facto, leased, or co -employee
rights or other theory. It is acknowledged that during the term of this
Agreement, Consultant may be providing services to others unrelated to City
or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or at
such other address as the parties may from time to time designate by written notice.
Notices served by United States mail in the manner above described shall be
deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to Consultant and there shall be no assignment
by Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted
assignment by Consultant, its successors or assigns, shall be null and void
unless approved in writing by the City Manager or designee.
(b) Consultant hereby agrees not to assign the payment of any monies due
Consultant from City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). City retains the right to pay any
and all monies due Consultant directly to Consultant.
17. Compliance With Law_. In providing the services required under this Agreement,
Consultant shall at all times comply with all applicable laws of the United States,
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the State of California and City, and with all applicable regulations promulgated by
federal, state, regional, or local administrative and regulatory agencies, now in
force and as they may be enacted, issued, or amended during the term of this
Agreement, including the federal conditions attached hereto as Exhibit D and
incorporated by reference herein.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Heading . The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation, The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attome '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.
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27. No Third Part Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in
this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be modified only by written instrument duly
authorized and executed by both City and Consultant.
29. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:,
Georgeanne White, City Manager
APPROVED AS TO FORM:
CIT T7I4)^Y'S OFFICE
By. 2/27/2023
n 3�4
Deputy City Attorney
.�.docuSi$ned by:
ATTEST. I t" -`ow 2/27/2023
TODD STERMER, CMC
City Clerk
Addresses
:City:
City of Fresno
Attention: Shelle O'Brien
Capital Development Specialist
2223 G Street
Fresno, CA 93706
Phone: (559) 621-1420
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C — Required Forms
4. Exhibit D — Federal Conditions
ALL B-Generic CSA Total Fee (05-2022)
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[Consultant Name], !ntAn
[Legal Id
entity]
�IC
Name:
Title:' �^ h-v✓
(If corporation or LL ., Board Chair,
Pres. or Vice Pres.) es
Name: Andrew W, M ak
Title: CC0LA. f'►4 Pr
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: 9(—C 4_r8
Name:- rntc_
Date of Issuance: _ _ 1.a2_2,
Consultant:
Alan Mok Engineering
Attention: Alan Mok, Principal
7415 North Palm, Suite 101
Fresno, CA 93711
Phone: (559) 432-6879
E-mail: aIan@alanmokengineering.com
UUI.UJIIJ. I I CI I VCIUpC IU. HUJU'+ I FJ-JU 14-'#lJ V'#-D I w I -UJ I DWI COUDU/1
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Alan Mok Engineering (Consultant)
FRESNO AREA EXPRESS
BUS LIFT DECOMMISSIONING DESIGN
SERVICES
The purpose of this agreement is to hire a consultant to provide civil engineering services
for the decommissioning of four (4) in -ground bus lifts in the FAX Bus Maintenance
Building.
All elements necessary to achieve full construction documents will be contracted
through this procurement.
General Inclusions:
Services will include the following:
The Consultant will conduct field investigation and prepare construction plans,
details and specifications for completion of required work phases to achieve
the final desired result of decommissioned bus lifts and newly installed finish
floor to match existing conditions. Such phases are expected to include but
are not necessarily limited to demolition (saw cutting, concrete removal,
equipment removal, etc.), installation of new hydraulic piping elements as
required to keep remaining system elements operational, structural
reinforcement and new installation of concrete work to match existing finish
floor.
91 The Consultant will provide support through the contractor bidding process as required
to deliver a successful bid. Such work may include but is not necessarily limited to the
answering of requests for information and/or clarification and review of final bids to
determine completeness of the bids provided.
■ The Consultant will provide support through the construction process as required for
completion of the project. Such work may include but is not necessarily limited to the
answering of requests for information and/or clarification, review of proposed change
orders that alter the proposed design, and proposing solutions to navigate issues
which may arise from unforeseen conditions once construction has started.
Exclusions:
• Permit and other City of Fresno fees
• Soils reports and testing
ALL B — Generic CSA Total Fee (03-2022)
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and Alan Mok Engineering (Consultant)
FAX Bus Lift Decommissioning Design
Services
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage arising
out of your business operations. The Commercial General Liability policy shall
be written on an occurrence form and shall provide coverage for "bodily injury,"
"property damage" and "personal and advertising injury" with coverage for
premises and operations (including the use of owned and non -owned
equipment), products and completed operations, and contractual liability
(including, without limitation, indemnity obligations under the Agreement) with
limits of liability not less than those set forth under "Minimum Limits of Insurance."
2. The most current version of Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non -owned automobiles or other licensed vehicles (Code 1- Any
Auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to CITY, its
officers, officials, employees, agents and volunteers as additional insureds, shall be the greater
of the minimum limits specified herein or the full limit of any insurance proceeds available to the
named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
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UUL.UJII�J.II CI IVUIUyC ILi. HLJJU'F I rU-JU I4�+l..V4-D 14I-UOI DLJI COUDUM
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet
the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no
less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess
insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of
the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and CONSULTANT shall also be responsible for payment of any
self -insured retentions. Any deductibles or self -insured retentions must be declared to on the
Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At
the option of the CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S
Risk Manager or his/her designee, guaranteeing payment of losses and
related investigations, claim administration and defense expenses. At no
ALL B-Generic CSA Total Fee (05-2022)
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time shall CITY be responsible for the payment of any deductibles or self -
insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liabilit insurance policies are to contain, or be endorsed
to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered
as additional insureds. 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 04 13 and CG 20 37 04 13 or by an executed
manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers. Any
available insurance proceeds in excess of the specified minimum limits and
coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, CONSULTANT'S insurance coverage
shall be primary insurance with respect to the CITY, its officers, officials,
employees, agents and volunteers. Any insurance or self-insurance maintained
by the CITY, its officers, officials, employees, agents and volunteers shall be
excess of CONSULTANT'S insurance and shall not contribute with it.
CONSULTANT shall establish primary and non-contributory status by using ISO
Form CG 20 01 04 13 or by an executed manuscript insurance company
endorsement that provides primary and non-contributory status as broad as that
contained in ISO Form CG 20 01 04 13.
The Workers' Compensation insurance_ policy is to contain, or be endorsed to contain, the
following provision: CONSULTANT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions insurance policy is written on a claims -made
form:
The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the Agreement work or termination of
the Agreement, whichever occurs first, or, in the alternative, the policy shall be
endorsed to provide not less than a five (5) year discovery period.
3. if coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a retroactive date prior to the effective date of the
ALL B-Generlc CSA Total Fee (05-2022)
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UUI.UJII`J.II CI1VCIUF tC IU. ML)OU-t IrJ-JU/'4-41.UY-D 1HI-UJI DU! COUDUt-%
Agreement or the commencement of work by CONSULTANT, CONSULTANT
must purchase "extended reporting" coverage for a minimum of five (5) years
completion of the Agreement work or termination of the Agreement, whichever
occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall
not be cancelled, non -renewed, reduced in coverage or in limits except afterthirty (30) calendar
days written notice by certified mail, return receipt requested, has been given to CITY.
CONSULTANT is also responsible for providing written notice to the CITY under the same
terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of
cancellation, non -renewal, or reduction in coverage or in limits, CONSULTANT shall furnish
CITY with anew certificate and applicable endorsements for such policy(ies). In the event any
policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide
a new certificate, and applicable endorsements, evidencing renewal of such policy not less
than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by any defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by CONSULTANT shall not be deemed to release or
diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity
provisions of this Agreement. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by CONSULTANT. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT,
its principals, officers, agents, employees, persons under the supervision of CONSULTANT,
vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements are to
be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S
execution of the Agreement and before work commences. All non -ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or broker.
Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of
any insurance policy required underthis Agreement, including all endorsements, with said copy
certified by the underwriter to be a true and correct copy of the original policy. This requirement
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UUI.U,DjyI I CI I VCIUpu IU. 1-%UJU4 I 141 -UJ l D V l COUDUM
shall survive expiration or termination of this Agreement.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY
Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the
City to provide required indemnification and insurance protection. Any required side
agreement(s) and associated insurance documents for the subcontractor must be reviewed
and preapproved by CITY Risk Manager or designee. If no side agreement is required,
CONSULTANT shall require and verify that subcontractors maintain insurance meeting all the
requirements stated herein and CONSULTANT shall ensure that CITY, its officers, officials,
employees, agents, and volunteers are additional insureds. The subcontractors' certificates
and endorsements shall be on file with CONSULTANT, and CITY, prior to commencement of
any work by the subcontractor.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
FAX Bus Lift Decommissionina Design Services
YES*
NO
1 Are you currently in litigation with the City of Fresno or any of its
❑
A
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
D
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:
❑ Additional page(s) attached.
ALL B-Generic CSA Total Fee (05-2022)
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L
Signature
1Pz3
Date
Name
Company 4
-;4 " 5 t/o S✓Iut�J�i`rxhuC� � c i��P
Address
t1ow , C*\- 1 37 11
City, State Zip
UUI.UJIIJ. l 1 GI I VtilUpt! I V, ML.lJU4 IF J-OU / •4-41. V4-D 1 41 -UJ I DU I COUDWA
DISADVANTAGED BUSINESS ENTERPRISES (DBE) LISTING
Bidders are advised that, as required by federal law, the City is required to report to the Federal
Transit Administration on DBE participation for all Federal -aid contracts each year so the
attainment efforts may be evaluated. The national goal for participation of Disadvantaged
Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 15%.
There is no DBE goal for this procurement.
This information is being gathered for informational purposes only. If this form is not
submitted there will be no impact on the evaluation of bid proposals.
List all Disadvantaged Business Enterprises including, without limitation, DBEs that will
perform any portion of the work or provide any products for this project, even if the dollar
amount of the work the DBE will perform is less than one half (%2) of one percent (1 %) of the
total bid amount.
1. Name:
Address:
Category of Work:
Est. Amount: $
2. Name:
Address:
Category of Work:
Est. Amount: $_ _
3. Name:
Address:
Category of Work:
Est. Amount: $
4. Name:
Address:
Category of Work:
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V UI.UJIyI I GI I VCIUFIC I V. /iV JUY I rV-JV 14-41i V4-D I I+(-V J / D V / COUDUr1
Est. Amount: 5
NOTE: Use additional sheets of paper if necessary
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UVI.UJIIJ. II CI IvuluyC IU.-%LJJU`I II-J-JU/Y-+k LJ F-D II+f-VJ/DUI COUOUf1
EXHIBIT D
FEDERAL CONDITIONS
FOR PROFESSIONAL SERVICES
EQUAL TO OR LESS THAN $10,000
This contract/purchase agreement is subject to a financial assistance contract between the
City of Fresno and the Federal Transit Administration, which requires that this
contract/agreement contain the following clauses:
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The City and contractor/vendor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any obligations
or liabilities to the purchaser, contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not
be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies, "49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the contractor further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission,
or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal
Government deems appropriate.
(2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. § 5323(I) on the contractor,
to the extent the Federal Government deems appropriate.
(3) The contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
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ACCESS TO RECORDS AND REPORTS
(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers
to retain, complete and readily accessible records related in whole or in part to the contract,
including, but not limited to, data, documents, reports, statistics, sub -agreements, leases,
subcontracts, arrangements, other third party agreements of any type, and supporting
materials related to those records.
(2) Retention Period. The Contractor agrees to comply with the record retention requirements
in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records,
accounts and reports required under this Contract for a period of at not less than three (3)
years after the date of termination or expiration of this Contract, except in the event of litigation
or settlement of claims arising from the performance of this Contract, in which case records
shall be maintained until the disposition of all such litigation, appeals, claims or exceptions
related thereto.
(3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its
contractors to inspect and audit records and information related to performance of this contract
as reasonably may be required.
(4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its
contractors access to the sites of performance under this contract as reasonably may be
required.
FEDERAL CHANGES
(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master
Agreement between Purchaser and FTA, as they may be amended or promulgated from time
to time during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
CIVIL RIGHTS
The City is an Equal Opportunity Employer. As such, the City agrees to comply with all
applicable Federal civil rights laws and implementing regulations. Apart from inconsistent
requirements imposed by Federal laws or regulations, the City agrees to comply with the
requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA
to support procurements using exclusionary or discriminatory specifications.
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UUI.UJIIJ. II CIIVCIUFIC IU. MUJU'# I1'4!-UJ! DUI COUDUM
Under this Agreement, the Contractor shall at all times comply with the following requirements
and shall include these requirements in each subcontract entered into as part thereof.
(1) Nondiscrimination — in accordance with Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, sex, disability, or age. In addition,
the Contractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
(2) Equal Employment Opportunity — The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in
Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any
later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
The Contractor agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color,
religion, national origin, or sex (including sexual orientation and gender identity). Such
action shall include, but not be limited to, the following: employment, promotion, demotion
or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-
634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age
Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of
1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services
regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving
Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. §
5332, the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42
U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C.
§4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it
will not discriminate against individuals on the basis of disability. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
ALL B-Generic GSA Total Fee (05-2022)
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DISADVANTAGED BUSINESS ENTERPRISE (DBE
(1) Policy: It is the policy of the Department of Transportation that disadvantaged business
enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or part with Federal funds under this
agreement. Consequently, the DBE requirements of 49 CFR Part 26 applies to this agreement.
(2) DBE Obligation: The recipient or its contractor agrees to ensure that disadvantaged
business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole or in part with
Federal funds provided under this agreement. In this regard, all recipients or contractors shall
take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that
disadvantaged business enterprises have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of DOT -assisted contracts."
(3) This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs. The national goal for participation of Disadvantaged Business
Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 13%. A separate
contract goal has not been established for this procurement.
INCORPORATION OF FTA 4220.9 F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required
by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 1, 2008,
are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all
FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The contractor shall not perform any act, fail to perform any act,
or refuse to comply with any City of Fresno request, which would cause the City of Fresno to
be in violation of the FTA terms and conditions.
(2) Flow Down — The incorporation of FTA terms has unlimited flow down.
FLY AMERICA
Fly America Requirements:
(1) Definitions. As used in this clause- "International air transportation" means transportation
by air between a place in the United States and a place outside the United States or between
two places both of which are outside the United States. "United States" means the 50 States,
the District of Columbia, and outlying areas. "U.S.-flag air carrier" means an air carrier holding
a certificate under 49 U.S.C. Chapter 411.
(2) When Federal funds are used to fund travel, Section 5 of the International Air Transportation
Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires
contractors, recipients, and others use U.S.-flag air carriers for U.S. Government -financed
ALL B-Generic C5A Total Fee (05-2022)
KIM
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international air transportation of personnel (and their personal effects) or property, to the
extent that service by those carriers is available. It requires the Comptroller General of the
United States, in the absence of satisfactory proof of the necessity for foreign -flag air
transportation, to disallow expenditures from funds, appropriated or otherwise established for
the account of the United States, for international air transportation secured aboard a foreign -
flag air carrier if a U.S.-flag air carrier is available to provide such services.
(3) If available, the contractor, in performing work under this contract, shall use U.S.-flag
carriers for international air transportation of personnel (and their personal effects) or property.
(4) In the event that the contractor selects a carrier other than a U.S.-flag air carrier for
international air transportation, the contractor shall include a statement on vouchers involving
such transportation essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by
U.S.-flag air carrier was not available or it was necessary to use foreign -flag air carrier
service for the following reasons. See FAR § 47.403.
Stated
Reason(s): J
(5) The contractor shall include the substance of this clause, including this paragraph, in each
subcontract or purchase under this contract that may involve international air transportation.
SEISMIC SAFETY {If Required)
(1) The contractor agrees that any new building or addition to an existing building will be
designed and constructed in accordance with the standards for Seismic Safety required in
Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The contractor also agrees to ensure that
all work performed under this contract including work performed by a subcontractor is in
compliance with the standards required by the Seismic Safety Regulations and the certification
of compliance issued on the project.
LLECTUAL PROPERTY RIGHTS {If Required}
This Project is funded through a Federal award with FTA for experimental, developmental, or
research work purposes. As such, certain Patent Rights and Data Rights apply to all subject
data first produced in the performance of this Contract. The Contractor shall grant the AGENCY
intellectual property access and licenses deemed necessary for the work performed under this
Agreement and in accordance with the requirements of 37 C.F.R. part 401, "Rights to
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Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by
FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights
will be finalized prior to execution of this Agreement and shall, at a minimum, include the
following restrictions: Except for its own internal use, the Contractor may not publish or
reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor
authorize others to do so, without the written consent of FTA, until such time as FTA may have
either released or approved the release of such data to the public. This restriction on
publication, however, does not apply to any contract with an academic institution. For purposes
of this agreement, the term "subject data" means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Contract.
Examples of "subject data" include, but are not limited to computer software, standards,
specifications, engineering drawings and associated lists, process sheets, manuals, technical
reports, catalog item identifications, and related information, but do not include financial
reports, cost analyses, or other similar information used for performance or administration of
the Contract.
1. The Federal Government reserves a royalty -free, non-exclusive and irrevocable
license to reproduce, publish, or otherwise use, and to authorize others to use for
"Federal Government Purposes," any subject data or copyright described below. For
"Federal Government Purposes," means use only for the direct purposes of the
Federal Government. Without the copyright owner's consent, the Federal Government
may not extend its Federal license to any other party.
a. Any subject data developed under the Contract, whether or not a copyright has
been obtained; and
b. Any rights of copyright purchased by the Contractor using Federal assistance in
whole or in part by the FTA
2. Unless FTA determines otherwise, the Contractor performing experimental,
developmental, or research work required as part of this Contract agrees to permit
FTA to make available to the public, either FTA's license in the copyright to any
subject data developed in the course of the Contract, or a copy of the subject data first
produced under the Contract for which a copyright has not been obtained. If the
experimental, developmental, or research work, which is the subject of this Contract,
is not completed for any reason whatsoever, all data developed under the Contract
shall become subject data as defined herein and shall be delivered as the Federal
Government may direct.
3. Unless prohibited by state law, upon request by the Federal Government, the
Contractor agrees to indemnify, save, and hold harmless the Federal Government, its
officers, agents, and employees acting within the scope of their official duties against
any liability, including costs and expenses, resulting from any willful or intentional
violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising
out of the publication, translation, reproduction, delivery, use, or disposition of any
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data furnished under that contract. The Contractor shall be required to indemnify the
Federal Government for any such liability arising out of the wrongful act of any
employee, official, or agents of the Federal Government.
4. Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or
other right otherwise granted to the Federal Government under any patent.
5. Data developed by the Contractor and financed entirely without using Federal
assistance provided by the Federal Government that has been incorporated into work
required by the underlying Contract is exempt from the requirements herein, provided
that the Contractor identifies those data in writing at the time of delivery of the
Contract work.
6. The Contractor agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with
Federal assistance.
ENERGY CONSERVATION
(1) The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
CONFORMANCE WITH ITS NATIONAL ARCHITECTURE {If Required)
(1) Contractor shall conform, to the extent applicable, to the National Intelligent
Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23
U.S.C. Section 512 and as amended by MAP-21 23 U.S.C. § 517(d), note and follow the
provisions of FTA Notice, "FTA National Architecture Policy on Transit Projects," 66 Fed.
Reg.1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at
a later date, except to the extent FTA determines otherwise in writing.
ADA ACCESS {If Required}
(1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit
law at 49 U.S-C. § 5332, the Contractor agrees that it will not discriminate against individuals
on the basis of disability. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue
SAFE OPERATION OF MOTOR VEHICLES
(1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt
use policies and programs for its employees and other personnel that operate company -owned
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vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -
owned" and "company -leased" refer to vehicles owned or leased either by the Contractor or
City.
(2) Distracted Driver - The Contractor agrees to adopt and enforce workplace safety policies
to decrease crashes caused by distracted drivers, including policies to ban text messaging
while using an electronic device supplied by an employer, and driving a vehicle the driver owns
or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on
official business in connection with the work performed under this agreement.
PROMPT PAYMENT
(1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily
performed no later than thirty (30) days from the date of the Prime Contractor's receipt of each
payment made by the City of Fresno. Additionally, within thirty (30) days of satisfactory
completion of all work required of the Subcontractor, the Prime Contractor shall release any
retainage payments withheld to the Subcontractor.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
The Contractor agrees to comply with 2 CFR 200.216 and Public Law 115-232, Section 889,
and may not 1) procure or obtain; 2) extend or renew a contract to procure; or 3) enter into a
contract (or extend or renew a contract) to procure or obtain equipment, services, or systems
that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system for this federally
funded agreement. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
a) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b) Telecommunications or video surveillance services provided by such entities or using
such equipment.
c) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of
the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
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Fresno
SBE, DBE, MBE
June 3, 2022
Ms. Shelle O'Brien
City of Fresno
Capital Development Specialist
Department of Transportation
2223 G Street
Fresno, CA 93706
AME File No. 222-0193
Subject: Professional Services Proposal
Demolition of Bus Lifts at Municipal Service Center
Dear Shelle,
As per your request, we have evaluated our cost for providing civil engineering services
for the subject project. Please accept this letter to you as our proposal.
Background
It is our understanding that you are planning to demo all the bus lifts at the municipal
service center and you would like us to provide civil engineering services.
Scope of Work
1. Conduct field investigation.
2. Preparation of construction plan, details and specifications for the demo work.
Scope of Work Does Not Include
1. Fees_
2. Soils Report/Testing.
Proposcd_Fee
We propose to provide our civil engineering services for a lump sum fee amount of
$5,900.
Please feel free to call if you have any questions
Very truly yours,
ALAN MOK ENGINEERING
Alan Mok,
Principal
222-0193/word/prop1 /6-3-22
7415 N. Palm Avenue, Ste 101
Fresno, CA 93711
Tel 559-432-6879
Fax 559-432-6897
www.aianmokengineering.com