HomeMy WebLinkAboutBargas Environmental Consulting, LLC Agreement Consultant Srvcs (COF & Housing Authority of COF - 11-15-23DEV-B Three Party Agt FYI (09-2022) 1
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
This Agreement is entered into, effective _________________________________
(“Effective Date”), by and between the CITY OF FRESNO, a California municipal
corporation (City), HOUSING AUTHORITY OF THE CITY OF FRESNO, CA, a public
body corporate and politic (Developer), and Bargas Environmental Consulting, LLC, a
California Limited Liability Corporation (Consultant).
RECITALS
WHEREAS, the Developer will be submitting necessary applications for the development
of Heritage Estates Single Family Homes, a project consisting of new construction of 33
Single Family Homes for purchase, constituting approximately 7.71 acres of land, located
at the intersection of Plumas and Florence, South of Florence, West of Walnut Ave in
Fresno, California, within the City of Fresno (Project); and
WHEREAS, the Project will require various Land Use Approvals. For purposes of this
Agreement, Land Use Approvals shall mean any benefits arising from any of the following:
the approval of a General Plan Amendment, Rezone application, Tentative Tract Map,
Conditional Use Permit and Development Permit and any document prepared pursuant
to the California Environmental Quality Act (CEQA) or other law that is approved in
conjunction with aforementioned land use entitlements; and
WHEREAS, the City as the lead agency (CEQA Guidelines Section 15367) has
determined it is in the best interest of the City and the Developer to have a consultant
prepare an Initial Study to determine the appropriate environmental document pursuant
to CEQA Guidelines; and
WHEREAS, the Developer has agreed to have the Consultant prepare the Initial Study
and any related documents required pursuant to CEQA Guidelines for the Project
(collectively, the “Initial Study”); and
WHEREAS, the Consultant will prepare and submit the draft documents to the City for
review and the City will promptly share the draft documents with the Developer; and
WHEREAS, the Consultant is engaged in the business of furnishing technical and
professional consulting and hereby represents it desires to and is professionally and
legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement will be administered for the City by its Director of the Planning
and Development Department (Director) or his or her designee.
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1.Scope of Services. The Consultant has submitted the scope of work, which
includes a milestone timeline and a list of any subcontractors, to the City for its
review and approval and shall diligently cooperate with the City in making changes
to the scope of work until the City approves the scope of work. Upon the City
11/15/2023
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approval of the scope of work, incorporated herein as Exhibit C, dated March 28,
2023, the Consultant shall perform, to the satisfaction of the City, the services
described in the scope of work including all work incidental to, or necessary to
perform, such services even though not specifically described in the scope of work.
The Consultant services shall include, but not be limited to, consultation with the
City staff and the Developer, management of necessary subconsultants,
presentations at public hearings, and other related tasks as described in the scope
of work.
The Consultant shall work solely under the general direction of the City’s Planning
and Development Department, Assistant Directors, Planning Managers, and
respective staff in the preparation of the Initial Study required by CEQA. With the
express approval from the City’s Planning and Development Department,
Assistant Directors, Planning Managers, and respective City staff as appropriate,
the Consultant may consult with the Developer as needed to facilitate timely
preparation of an accurate and legally defensible environmental document. The
Consultant shall not make any changes to documents to be prepared within the
scope of work without written approval of the City which may be provided via
electronic mail.
The Consultant shall hire all subcontractors in consultation with City staff. The
Developer shall not contract directly with any subcontractors to perform any part
of the work under this Agreement.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the Effective Date first set forth above and shall continue in full force and
effect through the complete rendition of the services (the “Term”) hereunder,
subject to any earlier termination in accordance with this Agreement. The services
of the Consultant as described in Paragraph 1 of this Agreement are to commence
upon the Effective Date and shall be undertaken and completed in a sequence
assuring expeditious completion.
3. Authority and Regulation of Communications. The City shall have final authority
over the scope of work, and the environmental document preparation process and
content. The City shall coordinate all communication between the Consultant and
the Developer to obtain project information and/or make public presentations
related to the preparation of the initial study and environmental findings.
Communications between the Developer and the Consultant shall occur in
accordance with Section 1 above.
4. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization other than the Developer by the Consultant
without the prior written approval of the Director. During the term of this
Agreement, and thereafter, the Consultant shall not, without the prior written
consent of the City, disclose to anyone any Confidential Information other
than the Developer. The term Confidential Information for the purposes of
this Agreement shall include all proprietary and confidential information of
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the City, including but not limited to business plans, marketing plans,
financial information, materials, compilations, documents, instruments,
models, source or object codes and other information disclosed or
submitted, orally, in writing, or by any other medium or media. All
Confidential Information shall be and remain confidential and proprietary in
the City.
(b) Any and all writings and documents prepared or provided by the Consultant
pursuant to this Agreement are the property of the City at the time of
preparation and shall be turned over to the City upon expiration or
termination of the Agreement with copies made available to the Developer.
The Consultant shall not permit the reproduction or use thereof by any other
person except as otherwise expressly provided herein.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 4.
This Section shall survive expiration or termination of this Agreement.
5. Compensation.
(a) All costs associated with the Consultant’s performance of the services
described in the scope of work including all work incidental to, or necessary
to perform, such services even though not specifically described in the
scope of work, shall be paid by the Developer under a separate agreement
with the Consultant. Without such a separate agreement, neither City nor
Developer shall be responsible for any work beyond the scope of work. The
City shall not be liable, either jointly or severally, for any costs incurred to
perform the work set forth in the Scope of Work attached as Exhibit C,
including preparation of the Initial Study and any other environmental
document currently the subject of this Agreement or as the Agreement may
later be amended that is the subject of this Agreement.
(b) The Consultant shall provide the City with all invoices the Consultant
submits to the Developer for payment or reimbursement. The Consultant
shall submit the copies of these invoices at the same time said invoices are
first submitted to the Developer for payment.
6. Termination.
(a) This Agreement shall terminate without any liability of the City to the
Consultant or the Developer upon the earlier of: (i) the Consultant’s filing for
protection under the Federal bankruptcy laws, or any bankruptcy petition or
petition for receiver commenced by a third party against the Consultant; (ii)
seven calendar days prior written notice with or without cause by the City to
the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet
its obligations hereunder during any the City fiscal year of this Agreement,
or insufficient funding for the Project; or (iv) expiration of this Agreement.
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(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 properties and materials in the possession of the Consultant
that are owned by the City.
7. Subsequent Consultant. If a subsequent consultant is required to perform the work
contemplated by the Agreement, the Developer shall select the subsequent
consultant and the City shall have the right to evaluate and approve or disapprove
the subsequent consultant selected by the Developer.
8. Discretionary Governmental Actions. Certain planning, land use, zoning and other
permits and public actions required in connection with the Project including, without
limitation, the Land Use Approvals, the environmental review and analysis under
CEQA or any other statute, and other transactions contemplated by this
Agreement are discretionary government actions. Nothing in this Agreement
obligates the City or any other governmental entity to grant final approval of any
matter described herein. Such actions are legislative, quasi-judicial, or otherwise
discretionary in nature. The City cannot take action with respect to such matters
before completing the environmental assessment of the Project under CEQA and
any other applicable laws. The City cannot and does not commit in advance that it
will give final approval to any matter. The City shall not be liable, in law or equity,
to the Consultant, the Developer or any of the Initial Study or subsequent
environmental documents executors, administrators, transferees, subcontractors,
successors-in-interest or assigns for any failure of any governmental entity to grant
approval on any matter subject to discretionary approval.
9. Confidential Information. Except as provided for in this section, any reports,
information, or other data prepared or assembled by the Consultant pursuant to
this Agreement shall not be made available to any individual or organization by the
Consultant other than the Developer without the prior written approval of the
Director or the City’s City Manager; unless required by law and the timeframe in
such a case it is not feasible to obtain prior written consent, although in such a
case, the Consultant must immediately notify the Director or the City’s City
Manager of the request or subpoena for such information and immediately deliver
via facsimile or e-mail any legal documents supporting the demand for said
information.
The Consultant shall provide copies of administrative draft documents in
connection with the Project’s environmental review to the City under the scope of
work. The City shall then distribute administrative draft documents to the
Developer. The Developer’s comments regarding the administrative documents
shall be submitted only to the City, within the timeframe established by the City,
and the City shall forward to the Consultant. This section shall not supersede the
provisions of California Public Resources Code Section 21167.6 regarding the
required contents of the record of proceedings.
10. Professional Skill. It is further mutually understood and agreed by and between the
parties hereto that inasmuch as the Consultant represents to the City that the
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Consultant is skilled in the profession and shall perform in accordance with the
standards of said profession necessary to perform the services agreed to be done
by it under this Agreement, the City relies upon the skill of the Consultant to do
and perform such services in a skillful manner and the Consultant agrees to thus
perform the services. Therefore, acceptance of such services by the City shall not
operate as a release of the Consultant from said professional standards.
11. Indemnification.
(a) To the furthest extent allowed by law, the Developer shall indemnify, hold
harmless and defend the City and each of its officers, officials, employees,
agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property
damage) incurred by the City, the Developer or any other person, and from
any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of a violation of the California
Environmental Quality Act relating to the Project. The Developer's
obligations under the preceding sentence shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused solely by the
gross negligence, or caused by the willful misconduct, of the City or any of
its officers, officials, employees, agents, or volunteers. If a claim, demand
or action at law or equity arise within the scope of this provision, the City
and the Developer shall mutually agree on defense counsel.
If the Developer should subcontract all or any portion of the work to be
performed under this Agreement, the Developer shall require each
subcontractor to indemnify, hold harmless and defend the City and each of
its officers, officials, employees, agents, and volunteers in accordance with
the terms of the preceding paragraph.
(b) To the furthest extent allowed by law, the Consultant shall indemnify, hold
harmless and defend the City and each of its officers, officials, employees,
agents, and volunteers from liability for damages (whether in contract, tort
or strict liability, including but not limited to personal injury, death at any time
and property damage) incurred by the City, the Consultant or any other
person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney’s fees and litigation expenses incurred by, or
awarded against, the City, including plaintiff’s attorney’s fees), arising out of
the Consultant’s negligence in the performance of this Agreement. The
Consultant’s obligations under the preceding sentence shall not apply to
any loss, liability, fines, penalties, forfeitures, costs or damages caused
solely by the gross negligence, or by the willful misconduct of the City or
any or its officers, officials, employees, agents, or volunteers, or by any third
party.
(c) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
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shall require each subconsultant to indemnify, defend, protect and hold
harmless the City and provide the warranties and waivers in accordance
with all provisions of this section.
(d) This section shall survive expiration or termination of this Agreement.
12. Insurance.
(a) Throughout the life of this Agreement, the Developer and the Consultant
shall pay for and maintain in full force and effect all insurance as required
in Exhibit A or as may be authorized, and any additional insurance as may
be required, in writing by the City’s Risk Manager or designee at any time
and in its sole discretion.
(b) If at any time during the life of the Agreement or any extension, the
Developer or the Consultant or any of its subcontractors fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately until notice is received by the
City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Developer or the
Consultant of their responsibilities under this Agreement. The phrase “fail
to maintain any required insurance” shall include, without limitation,
notification received by the City that an insurer has commenced
proceedings, or has had proceedings commenced against it, indicating that
the insurer is insolvent.
(c) The fact that insurance is obtained by the Developer and the Consultant
shall not be deemed to release or diminish the liability of either the
Developer or the Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Developer or the Consultant.
Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of the Developer or the Consultant
and their principals, officers, agents, employees, persons under the
supervision of the Developer or the Consultant, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly
or indirectly by any of them.
(d) Upon request of the City, the Developer and the Consultant shall
immediately furnish the City with a complete copy of any insurance policy
required under this Agreement, including all endorsements, with said copy
certified by the underwriter to be a true and correct copy of the original
policy. This requirement shall survive expiration or termination of this
Agreement.
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(e) If the Developer should subcontract all or any portion of the services to be
performed under this Agreement, the Developer shall require each
subcontractor to provide insurance protection in favor of the City and each
of its officers, officials, employees, agents, and authorized volunteers in
accordance with the terms of this section and Exhibit A, except that any
required certificates and applicable endorsements shall be on file with the
Developer and the City prior to the commencement of any services by the
subcontractor.
(f) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor to provide insurance protection in favor of the City and each
of its officers, officials, employees, agents, and volunteers in accordance
with the terms of this section and Exhibit A, except that any required
certificates and applicable endorsements shall be on file with the
Consultant, the Developer and the City prior to the commencement of any
services by the subcontractor.
13. Notifications and Cooperation by the City. The City shall notify the Developer
and/or the Consultant within a reasonable period of time of its receipt of any
demand, claim, action, proceeding, or litigation arising from liability for damages
arising out of either the Developer and/or the Consultant’s negligence in which the
City is to be indemnified and held harmless by the Developer or the Consultant
pursuant to Section 11 of this Agreement. If the City requests that the Developer
or the Consultant defend the City, the City shall notify the Developer or the
Consultant in writing within a reasonable period of time of its receipt of any such
demand, claim, action, proceeding, or litigation and the City shall cooperate fully
in such defense.
14. The City and the Developer shall mutually select the attorney or attorneys who will
defend the City. The Consultant agrees to accept such selection. The Developer
further agrees to be fully responsible for any and all reasonable costs and
attorney’s fees generated by the City’s attorney(s) in the defense of the City in any
claim, demand, action, proceeding, or litigation from liability for damages arising
out of the Developer’s negligence. The Consultant further agrees to be fully
responsible for any and all reasonable costs and attorney’s fees generated by the
City’s attorney(s) in the defense of the City in any claim, demand, action,
proceeding, or litigation from liability for damages arising out of the Consultant’s
negligence.
15. The City’s Participating In Defense. Nothing contained herein shall prohibit the
City, in its sole discretion, from participating in the defense of any demand, claim,
action, proceeding, or litigation over and above representation by outside counsel,
or from participating in the defense of any demand, claim, action, proceeding, or
litigation. If City elects to also defend, it shall do so in good faith. In no event shall
City’s participation in the defense of any demand claim, action, proceeding, or
litigation affect the obligations imposed upon the Developer and the Consultant in
Section 11 of this Agreement.
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16. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit B. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) Federal, State and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.). At any time, upon written request of the City, the Consultant shall
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, the Consultant and the respective
subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of
any facts giving rise to the appearance of a conflict of interest, the
Consultant shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City’s City Manager, if no actual or potential
conflict is involved.
(d) The Consultant represents and warrants it has not paid or agreed to pay
any compensation, contingent or otherwise, direct or indirect, to solicit, or
procure this Agreement or any rights/benefits hereunder.
(e) The Consultant is not directly retained by the City. The Consultant has no
interest in the approval of the Project. The Consultant is able to perform the
work outlined in the Agreement without conflict. This interest is in
accordance will all applicable laws and is being fully disclosed.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of Section 16 of this Agreement in each
subcontract and require its subcontractors to comply therewith.
(g) Section 16 of this Agreement shall survive expiration or termination of this
Agreement.
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17. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, 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.
Section 17(b) of this Agreement shall survive expiration or termination of
this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement or that no license is required. If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement, or that no license is
required before beginning work.
18. 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, or status as a disabled
veteran or veteran of the Vietnam era. The Consultant shall ensure that
applicants are employed, and the employees are treated during
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employment, without regard to race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. Such requirement shall apply to the
Consultant’s employment practices including, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers’
representatives of the Consultant’s commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
19. Independent Contractor. In the furnishing of the services provided for herein, the
Consultant is acting solely as an independent contractor. Neither the Consultant,
nor any of its officers, agents, or employees shall be deemed an officer, agent,
employee, joint venturer, partner, or associate of the City for any purpose. The City
shall have no right to control, supervise, or direct the manner or method by which
the Consultant shall perform its work and functions. However, the City shall retain
the right to administer this Agreement so as to verify the Consultant is performing
its obligations in accordance with the terms and conditions thereof.
(a) This Agreement does not evidence a partnership or joint venture between
the Consultant and the City. The Consultant shall have no authority to bind
the City absent the City’s express written consent. Except to the extent
otherwise provided in this Agreement, the Consultant shall bear its own
costs and expenses in pursuit thereof.
(b) Because of its status as an independent contractor, the Consultant and its
officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to City employees. The
Consultant shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, the
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Consultant shall be solely responsible for, and indemnify, defend and hold
the City harmless from all matters relating to employment and tax
withholding for and payment of the Consultant’s employees, including,
without limitation, (i) compliance with Social Security and unemployment
insurance withholding, payment of workers compensation benefits, and all
other laws and regulations governing matters of employee withholding,
taxes and payment; and (ii) any claim of right or interest in City employment
benefits, entitlements, programs and/or funds offered to employees of the
City whether arising by reason of any common law, de facto, leased, or co-
employee rights or other theory. The Consultant shall be solely liable and
responsible for ensuring that its officers, agents, and employees are in
compliance with federal immigration laws.
The Consultant is required to furnish the City, upon reasonable request, copies of
Forms I-9 and supporting documentation for all officers, agents, and employees
performing work services relating to this Agreement. It is acknowledged that during
the term of this Agreement, the Consultant may be providing services to others
unrelated to the City or to this Agreement.
20. Notices. Any notice required or intended to be given to any party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, or by overnight delivery via a nationally or
regionally recognized courier with confirmation of receipt, addressed to the party
to which notice is to be given at the party’s address set forth on the signature page
of this Agreement or at such other address as the parties may from time to time
designate by written notice. Notices served, by United States mail, in the manner
above described shall be deemed sufficiently served or given at the time of the
mailing thereof.
21. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and
shall inure to the benefit of all parties and each party’’ respective heirs, successors,
assigns, transferees, agents, servants, employees, and representatives.
22. Assignment. This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this Agreement
without the prior written approval of the City’s City Manager or designee. Any
attempted assignment by the Consultant, its successors or assigns, shall be null
and void unless approved in writing by the City’s City Manager or designee.
23. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times use due professional care to comply with all
applicable laws of the United States, the State of California and the City, and with
all applicable regulations promulgated by federal, state, regional, or local
administrative and regulatory agencies, now in force and as they may be enacted,
issued, or amended during the term of this Agreement.
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24. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
25. Governing Law and Venue. This Agreement and the documents referred to herein
shall be governed by, and construed and enforced in accordance with, the laws of
the State of California, excluding, however, any conflict of laws rule which would
apply the law of another jurisdiction. Venue for purposes of the filing of any action
regarding the enforcement or interpretation of this Agreement and any rights and
duties hereunder shall be Fresno County, California.
26. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify, or
add to the interpretation or meaning of the provisions of this Agreement.
27. Severability. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other
provisions, which shall remain in full force and effect.
28. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
Accordingly, the parties hereby waive the benefit of California Civil Code §1654
and any successor or amended statute, providing that in the case of uncertainty,
language of the contract should be interpreted most strongly against the party who
advised the uncertainty to exist.
29. Attorney’s Fees. If any party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney’s fees and legal expenses. For the purposes
of this Agreement, “attorneys’ fees and legal expenses” includes, without limitation,
paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert
witness fees and expenses, and all other expenses incurred by the prevailing
party’s attorneys in the course of the representation of the prevailing party in
anticipation of and/or during the course of litigation, whether or not otherwise
recoverable as “attorneys’ fees” or as “costs” under California law, and the same
may be sought and awarded in accordance with California procedure as pertaining
to an award of contractual attorneys’ fees.
30. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
31. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
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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.
32. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law
or in equity.
33. Extent of Agreement. Each party acknowledges they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by the City, the Developer, and the Consultant.
34. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California,
on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Jennifer K. Clark, Director,
Planning and Development
Department
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
City Attorney
By:
Heather Thomas Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
HOUSING AUTHORITY OF THE CITY OF
FRESNO, CA,
A public body corporate and politic
By:
Name: _____________________
Title: ___________________
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Bargas Environmental Consulting, LLC,
A California Limited Liability Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
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Tammy Townsend
Deputy Executive Director
President / Founder
Angela DePaoli
11/16/2023
11/16/2023
11/16/2023
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Addresses:
City:
Planning and Development Department
Chris Lang
Planner III
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
Phone: (559) 621-8023
E-mail: Chris.Lang@fresno.gov
Addresses:
Developer:
Housing Authority of the City of Fresno, CA
Attention: Tyrone Roderick Williams
Chief Executive Officer
1331 Fulton Street
Fresno, CA 93721
Phone: (559) 443-8475
E-Mail: twilliams@fresnohousing.org
Bargas Environmental Consulting, LLC
Attention: Angela DePaoli
President
3604 Fair Oaks Boulevard #180
Sacramento, CA 95864
Phone: (916) 993-9218
E-mail: adepaoli@bargasconsulting.com
Attachments:
Exhibit A - Insurance Requirements
Exhibit B - Disclosure of Conflict of Interest Form
Exhibit C - Scope of Work
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EXHIBIT A
INSURANCE REQUIREMENTS
Consultant Service Agreement between CITY OF FRESNO and
HOUSING AUTHORITY OF THE CITY OF FRESNO, CA and BARGAS
ENVIRONMENTAL CONSULTING, LLC
Project: Heritage Estates
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
“bodily injury,” “property damage” and “personal and advertising injury” with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
“Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
Consultant’s profession. This provision applies only to Consultant.
MINIMUM LIMITS OF INSURANCE
Developer and Consultant, or any party the Developer and Consultant subcontracts with,
shall maintain limits of liability of not less than those set forth below. However, insurance
limits available to City, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified herein or the full
limit of any insurance proceeds available to the named insured:
Developer and Consultant must both provide the following
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate.
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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.
Only Consultant must provide:
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event Developer or Consultant purchases an Umbrella or Excess insurance
policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall
“follow form” and afford no less coverage than the primary insurance policy(ies). In
addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and
non-contributory basis for the benefit of the City, its officers, officials, employees, agents,
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
Developer or Consultant shall be responsible for payment of any deductibles contained in
any insurance policy(ies) required herein and Developer or Consultant shall also be
responsible for payment of any self-insured retentions. Any deductibles or self-insured
retentions must be declared to on the Certificate of Insurance, and approved by, the City’s
Risk Manager or designee. At the option of the City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City, its officers, officials, employees, agents, and
volunteers; or
(ii) Developer or Consultant shall provide a financial guarantee, satisfactory to
City’s Risk Manager or designee, guaranteeing payment of losses and
related investigations, claim administration and defense expenses. At no
time shall City be responsible for the payment of any deductibles or self-
insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. Developer and Consultant shall establish
additional insured status for the City and for all ongoing and completed
operations by use of ISO Form CG 20 26 04 13, CG 20 12 04 13 or by an
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executed manuscript insurance company endorsement providing additional
insured status as broad as that contained in ISO Forms referenced above.
2. The coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees, agents, and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, Developer and Consultant’s
insurance coverage shall be primary insurance with respect to the City, its
officers, officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of Developer and Consultant’s insurance and
shall not contribute with it. Developer and Consultant shall establish primary
and non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO Form
CG 20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: Developer and Consultant and their insurers shall waive any right of
subrogation against City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims
made form:
1. The retroactive date must be shown, and must be before the effective date of
the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy shall
be endorsed to provide not less than a five-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the effective date of the
Agreement or the commencement of work by Consultant, Consultant must
purchase “extended reporting” coverage for a minimum of five years’
completion of the Agreement work or termination of the Agreement, whichever
occurs first.
4. A copy of the claims reporting requirements must be submitted to City for
review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
calendar days’ written notice by certified mail, return receipt requested, has been given to
City. Developer and Consultant are also responsible for providing written notice to the City
under the same terms and conditions. Upon issuance by the insurer, broker, or agent of
a notice of cancellation, non-renewal, or reduction in coverage or in limits, Developer and
Consultant shall furnish City with a new certificate and applicable endorsements for such
policy(ies). In the event any policy is due to expire during the work to be performed for
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City, Developer, and Consultant shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than fifteen calendar days prior
to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by Developer and Consultant shall not be deemed to
release or diminish the liability of Developer and Consultant, including, without limitation,
liability under the indemnity provisions of this Agreement. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Developer and Consultant.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of Developer and Consultant, its principals, officers, agents,
employees, persons under the supervision of Developer or Consultant, vendors,
suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed
directly or indirectly by any of them.
SUBCONTRACTORS - If the Consultant/Developer should subcontract all or any portion
of the services to be performed under this Agreement, the Consultant/Developer shall
require each subcontractor to provide insurance protection in favor of the City and each
of its officers, officials, employees, agents, and volunteers in accordance with the terms
of Exhibit A, except that any required certificates and applicable endorsements shall be
on file with the Consultant, the Developer and the City prior to the commencement of any
services by the subcontractor.
VERIFICATION OF COVERAGE
Developer and Consultant shall furnish City with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the City’s Risk Manager or designee
prior to City’s execution of the Agreement and before work commences. All non-ISO
endorsements amending policy coverage shall be executed by a licensed and authorized
agent or broker. Upon request of City, Developer and Consultant shall immediately furnish
City with a complete copy of any insurance policy required under this Agreement, including
all endorsements, with said copy certified by the underwriter to be a true and correct copy
of the original policy. This requirement shall survive expiration or termination of this
Agreement.
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EXHIBIT B
DISCLOSURE OF CONFLICT OF INTEREST
Heritage Estates
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its agents?
X
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
X
3 Do you currently represent or perform work for any clients who
do business with the City of Fresno?
X
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?
X
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?
X
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? X
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
Angela DePaoli
Name
Bargas Environmental Consulting, LLC
Company
3604 Fair Oaks Blvd. #180
Address
Sacramento, CA 95864
City, State Zip
Additional page(s) attached.
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Exhibit C – Scope of Work
March 28, 2023
1. Project Description
The Fresno Housing Authority (Developer) proposes to develop thirty-three (33) single-family residences,
of which approximately 70 percent will be affordable housing residences as part of the Heritage Estates
Project (Project). The Project site consists of 7.71 acres of undeveloped land comprised of Fresno County
Assessor’s Parcel Number (APN) 477-060-04T. Each of the residences will be a total of 1,600 square feet,
and each will have three bedrooms and two bathrooms. The Project will also provide two parking spaces
per home. The proposed exterior finishes will be comprised of various durable and environmentally
friendly building materials and will implement required energy efficient design as applicable regarding
HVAC and water heating systems and efficient shell measures. In addition, drought resistant landscaping
will be installed. The Project will additionally include an approximately 0.25-acre neighborhood park. The
Project also will include a proposed 26-foot-wide set aside along East Florence Avenue for a future
proposed trail.
The Project site is currently located within the City of Fresno, and is zoned RS-3, Single Family Residential.
The Project would result in both on-site and off-site infrastructure improvements including new utilities,
landscaping, sidewalks, streets, and lighting. In addition to the 33 residences, the project will include an
internal street named South Modoc Avenue within the Project boundary, with connections to East
Florence Avenue to the North and East Belgravia Avenue to the east.
The Project is centrally located near public transportation, schools, grocery stores, parks and other
shopping opportunities. There are medical clinics and a library accessible by walking or public transit. The
surrounding neighborhood consists of single-family and multi-family residential properties, churches and
schools.
2. Scope of Work
Bargas Environmental Consulting, LLC (Bargas/Consultant) will prepare the following scope of work to
analyze the Project's potential environmental impacts under the California Environmental Quality Act
(CEQA). The City of Fresno (City) is the lead agency for the project under CEQA.
The Consultant will prepare a California Environmental Quality Act (CEQA) Initial Study for the Project.
The Consultant and Consultant’s team will prepare the following studies for the CEQA Initial Study:
• Biological Survey and Letter Report (Bargas)
• Cultural Resources Desktop Assessment (Bargas)
• Paleontology Constraints Review Memo (Bargas)
• Air Quality and Greenhouse Gas Analysis (LSA)
The CEQA Initial Study will also include the following studies previously prepared for the Project:
• January 26, 2022, Geotechnical Engineering Investigation (Krazan & Associates)
• March 7, 2022, Phase I Environmental Site Assessment (Krazan & Associates)
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• October 19, 2022, Phase II Limited Soil Assessment (Krazan & Associates)
• July 25, 2022, Cultural Resources Assessment (Archaeological Resources Technology)
• August 19, 2022, Trip Generation and Vehicle Miles Traveled Analysis (LSA)
• August 2022 Acoustical Analysis (LSA)
The previously prepared reports from LSA have undergone internal peer reviews by LSA staff and external
reviews by Krazen & Associates. Previously prepared reports from Krazen & Associates have undergone
internal peer reviews by senior Krazen & Associate staff. The Cultural Resources Assessment previously
prepared by Archaeological Resources Technology will be reviewed by Bargas staff, and deficiencies
identified in the July 25, 2022, report will be addressed in Bargas’ Cultural Resources Desktop Assessment.
Task 1. CEQA Initial Study and MMRP
Bargas, in coordination with Crable & Associates, will complete a CEQA Initial Study checklist in accordance
with CEQA Guidelines Appendix G in order to evaluate the potential environmental impacts of the Project.
Appendix G factors will include (but may not be limited to):
• Aesthetics • Agriculture and Forestry Resources
• Air Quality • Biological Resources
• Cultural Resources • Energy
• Geology and Soils • Greenhouse Gas Emissions
• Hazards and Hazardous Materials • Hydrology and Water Quality
• Land Use and Planning • Mineral Resources
• Noise • Population and Housing
• Public Services • Recreation
• Transportation • Tribal Cultural Resources
• Utilities and Service Systems • Wildfire
• Mandatory Findings of Significance
Bargas and Crable & Associates will review any previously prepared Project technical studies, Project
description, Project maps, plans, drawings, and other relevant Project information. Bargas will
additionally evaluate the Project for compliance with pertinent Lead Agency General Plan, Specific Plans,
and/or Community plans. If necessary, Bargas will contact local municipal, utility, service district, or other
jurisdictional entities as need be to ascertain Project impacts to CEQA environmental factors in
accordance with Appendix G. Bargas will draft as part of the Initial Study a determination of potential
project impacts. The Initial Study will identify any potential mitigation measures necessary to mitigate
potential Project impacts. All identified mitigation measures will be included within the Initial Study and
Mitigation Monitoring and Reporting Plan (MMRP). Both the Programmatic Environmental Impact Report
(PEIR) and Project Specific Mitigation Measure Checklists shall be provided. The MMRP will identify
mitigation measures, implementing steps, and identify parties responsible for implementation and
monitoring.
This task also includes City of Fresno Three-Party Agreement coordination time.
Deliverables:
• CEQA Initial Study Administrative Draft & MMRP (Microsoft Word)
• CEQA Initial Study Final Draft & MMRP (Microsoft Word and PDF)
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• PEIR and Project Specific Mitigation Measure Checklists
• Draft Response to Public Comments (Microsoft Word)
Assumptions
• The Developer will provide the Consultant with copies of pertinent Project documents, including
site plans, maps, operational statements, drawings, or relevant technical studies that have been
previously prepared.
• If the Project CEQA impact analysis determines the Project may result in a potentially significant
impact that cannot be mitigated to a less than significant level, an Environmental Impact Report
(EIR) may be warranted. Preparing an EIR is not included within this scope of work.
• Public notifications and publishing are not included within this scope of work.
• Native American Consultation, including consultation under AB 52 or SB 18, is not included within
this scope of work.
Task 2. Biological Survey and Letter Report
Subtask 2.1: Records Search and Literature Review
Bargas will conduct a desktop analysis of potentially occurring special status biological resources. This
review - at a minimum - will include the California Natural Diversity Database and GIS layers representing
proposed and designated critical habitat within a radius of the Project site that is biologically meaningful
and to be determined when this task is initiated. The review may also include other data sources relevant
to analyzing the Project site's biological resources.
Subtask 2.2: Field Survey
After completion of the desktop analysis, a Bargas biologist will conduct a general biological resources
field survey. During the survey the biologist will document the plants, wildlife, and vegetation
communities present on the Project site, surrounding land uses, and identify waters and wetlands
potentially under the jurisdiction of state and/or federal agencies. The biologist will also determine the
potential for occurrence of special status biological resources. Representative photographs will be taken
to document conditions at the time of the survey. If any special status biological resources are found
within the Project site, their location and other detailed information regarding the occurrence will be
documented in a geospatial database using a mobile data collection device. This task does not include
protocol surveys for any special status plant or wildlife species, arborist surveys, or a delineation of
wetlands and/or waters suitable for permitting impacts to waters of the US or waters of the state.
Subtask 2.3: Biological Letter Report
Bargas will prepare a letter report documenting the results of the survey. The letter report will include a
detailed description of survey methods, results, and a discussion interpreting those results in the context
of land uses proposed by the Project. The report will also include an exhibit depicting the spatial location
of special status resources, if such resources are observed.
Deliverables:
• Biological Letter Report in electronic PDF format.
Assumptions:
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• Any subsequent necessary specialized reports, focused surveys, or specific permitting
requirements will be provided as a separate cost and scope, if warranted.
• Consultant will respond to up to one consolidated round of comments before finalizing the report
in electronic format.
• Developer to provide site access approval.
• Meeting attendance, agency consultation, and permitting support are not included within the
scope of this proposal.
Task 3. Cultural Resources Desktop Assessment
A cultural resources assessment for the Project was completed in July 2022 by Archaeological Resources
Technology (ART) in partial compliance with Section 106 of the National Historic Preservation Act (NHPA).
The report included a summary of the records search results, field survey, and recommendations.
However, the report did not address compliance with CEQA requirements, did not fully assess effects to
cultural resources under Section 106 of the NHPA, has missing records search data, and did not include a
buried site sensitivity analysis needed to assess potential impacts to unknown, subsurface archaeological
resources. In addition, the report does not discuss the results of tribal outreach conducted by Krazan &
Associates (Krazan) and does not contain a discussion of the environmental and cultural background of
the region. The report is not sufficient to assess impacts to cultural resources under CEQA and Section
106 of the NHPA and does not meet the standards outlined in the Office of Historic Preservation’s
Archaeological Resources Management Reports (ARMR): Recommended Content and Format.
To provide a comprehensive report to fully assess potential impacts to known and buried cultural
resources, Bargas will conduct a thorough Cultural Resources Assessment for the Project in support of
CEQA and Section 106 of the NHPA compliance. The study will include an updated records search and
literature review, a buried site sensitivity analysis, review of tribal outreach conducted by Krazan, and
preparation of a technical report, as described below.
Subtask 3.1: Records Search and Literature Review
An updated cultural records search will be requested from the Southern San Joaquin Valley Information
Center (SSJVIC) at the California State University, Bakersfield. The records search will identify known
cultural resources and previous investigations situated within the Project area and a 0.5-mile search radius
around the Project area. In addition, on-line sources will be reviewed to determine if there are any
resources listed on or determined eligible for listing on the National Register of Historic Places (NRHP) and
the California Register of Historical Resources (CRHR) within or near the Project. Historic-age maps and
photographs of the Project area will be reviewed to determine if there was any historic-age (i.e., 50 years
old or older) occupation of the land within the Project area. The literature review will focus on the
environmental setting and cultural background of the Project vicinity to aid in the buried site sensitivity
analysis.
Subtask 3.2: Cultural Resources Assessment
Bargas will prepare a Cultural Resources Assessment Report summarizing the Project description,
regulatory context, environmental setting, and historic, ethnographic, and prehistoric background of the
area. The report will describe the methods and results of the updated records search, the previous
pedestrian survey conducted by ART, and the tribal outreach efforts conducted by Krazan. The report will
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include a buried site sensitivity analysis to assess the potential of the Project to impact buried
archaeological resources. The report will include recommendations for any further work that may be
required, such as formal evaluation of resources for eligibility to the NRHP and CRHR. The report will
include a preliminary impact analysis and recommended measures to avoid or reduce impacts to a less
than significant level under CEQA and an assessment of effects under Section 106 of the NHPA. The report
will be prepared following the standards specified in the Office of Historic Preservation’s Archaeological
Resources Management Reports (ARMR): Recommended Content and Format.
Deliverables:
• Cultural Resources Survey Report (draft and final)
Assumptions:
• SSJVIC records search fees will not exceed $800.00.
• Estimated three (3) to five (5) weeks to receive the updated records search results from the
SSJVIC.
• An SLF search was conducted by Krazan in August 2022; a new SLF search is not required as part
of the current study.
• Because the previous records search and field survey by ART did not identify any cultural
resources within the Project area, we assume that no archaeological sites or historic-age buildings
or structures will be identified in the updated records search. If any resources are identified that
will require recordation and/or evaluation, a separate scope of work and cost estimate will be
provided based on the level of work required.
• Bargas will respond to one (1) round of consolidated comments on the draft report.
• Tribal outreach was conducted with the Table Mountain Rancheria by Krazan in August 2022. We
assume that all Native American consultation under Assembly Bill 52 will be conducted by the
CEQA lead agency and formal consultation under Section 106 of the NHPA will be conducted by
the federal lead agency. No Native American consultation support services are included in this
scope of work.
Task 4. Paleontology Constraints Review Memorandum
Bargas will conduct a Paleontology Constraints Review for the Project in support of CEQA compliance.
Bargas will conduct reviews of geologic mapping, published and unpublished paleontological literature,
and available online paleontological locality databases such as the Paleobiology Database to determine
the geologic and paleontological context of the Project site. A Paleontology Constraints Review
Memorandum will be prepared to convey the results of the paleontological review. The memorandum
will also include recommendations for any further paleontological work that may be required, a
preliminary impact analysis, and recommended measures to avoid or reduce impacts to a less than
significant level under CEQA, if necessary.
Deliverables:
• Paleontology Constraints Review Memorandum (PDF)
Assumptions:
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• Formal paleontological locality searches with fossil repositories will not be required.
• Paleontological fieldwork will not be required.
• GIS mapping will not be required.
• Bargas will respond to one (1) round of consolidated comments on the draft memorandum.
Task 5. Air Quality/Greenhouse Gas Analysis
A qualified air quality and greenhouse gas professional will prepare an Air Quality/Greenhouse Gas study
to evaluate the potential for air quality and greenhouse gas impacts under CEQA by Project. Bargas
proposes to use LSA Associates (LSA), a reputable air quality and greenhouse gas firm, as a subconsultant
for this task. LSA will prepare an Air Quality and Greenhouse Gas Analysis Memorandum to identify
existing air quality conditions and potential air quality and greenhouse gas impacts resulting from the
Project. This will include describing the existing regulatory framework, determining the Project’s
consistency with adopted plans, assessing Project construction emissions, assessing Project operation-
period air quality impacts, assessing project greenhouse gas emissions, and, if needed, identifying
appropriate mitigation measures.
Deliverables:
• Air Quality/Greenhouse Gas Assessment Memorandum Draft (PDF)
• Air Quality/Greenhouse Gas Assessment Memorandum Final (PDF)
Assumptions:
• Bargas, Crable Associates, and LSA will respond to one (1) round of consolidated comments
on the draft memorandum.
3. Milestones Timeline
Task No. Milestone Timeline
2 Biological Letter Report 4 Weeks after Project Kickoff
3 Cultural Resources Desktop
Assessment 5 Weeks After Project Kickoff
4 Paleontology Constraints Review
Memorandum 4 Weeks after Project Kickoff
5 Air Quality/Greenhouse Gas Analysis 5 Weeks after Project Kickoff
1 CEQA Initial Study and MMRP
(Administrative Draft) 8 Weeks after Project Kickoff
N/A City IS & MMRP Admin Draft
Comments
30 Business Days after receiving
IS & MMRP Admin Draft
1 CEQA Initial Study and MMRP (Final
Draft)
2 Weeks after receiving City
comments or edits
1 Draft Response to Public Comments 2 Weeks after receiving all
Public Comments from City
The Developer and Consultant acknowledge and understand that the timeline is based off the date of
formal acceptance of the Project. A delay in receiving deliverables as outlined in the Scope of Work or
multiple revisions will extend the timeline by the number of days equal to the period of the delay.
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When an Initial Study is submitted to the city for comments it will be 30 business days for review. If
multiple revisions are required, each review period for the city will be up to 30 business days.
4. Staff and List of Subcontractors
Task
No. Task Staff Title Company
1 CEQA Initial Study &
MMRP
Dennis Crable CEQA Specialist Crable & Associates
Evelyn
Chandler Director of Cultural Resources Bargas
Krystal
Pulsipher Senior Biologist Bargas
Courtney
Richards Principal Paleontologist Bargas
David Duncan GIS Specialist Bargas
2 Biological Letter
Report
Anthony
Hartman Senior Biologist Bargas
3 Cultural Resources
Desktop Assessment Ashley Hallock Archaeologist Bargas
4
Paleontology
Constraints Review
Memorandum
Courtney
Richards Principal Paleontologist Bargas
5
Air
Quality/Greenhouse
Gas Analysis
Cara
Cunningham Air Quality Associate LSA
5. Qualifications
BARGAS ENVIRONMENTAL CONSULTING STAFF
Evelyn Chandler – Director of Cultural Resources
Years’ Experience: 29
Evelyn has 29 years of experience in cultural resources management with a focus on the cultural resources
of the inland areas of southern and central California. She has developed an expertise in compliance with
the cultural resources requirements of the California Environmental Quality Act (CEQA) and Section 106
of the National Historic Preservation Act (NHPA). She routinely manages cultural resources inventories,
test excavations, and evaluations of archaeological sites and historic resources for eligibility to the
National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) for
public and private clients. She is skilled in impact assessment and the development and implementation
of mitigation measures, including data recovery and construction monitoring. Ms. Chandler regularly
assists clients with coordination with Native American groups and with the State Historic Preservation
Officer. She has authored numerous cultural resources technical reports, research designs, and cultural
resource management plans, and has contributed to and reviewed a variety of environmental compliance
documents including Environmental Impact Statements (EISs) and Environmental Impact Reports (EIRs).
Ms. Chandler is qualified as a Principal Investigator under the Secretary of Interior’s Professional
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City of Fresno Three-Party Agreement, CEQA Heritage Estates
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Qualification Standards and the California Department of Transportation (Caltrans) standards for
Professionally Qualified Staff for Archaeology.
Krystal Pulsipher – Senior Biologist
Years’ Experience: 10
Krystal has performed biological and environmental regulatory and permitting support services on
projects throughout California for over a decade. Her work includes the completion and submittal of U.S.
Army Corps of Engineers (USACE) Pre-Construction Notifications (PCN) for authorization under
Nationwide Permits pursuant to Clean Water Act (CWA) Section 404, State Water Quality Control Board
(SWQCB) Water Quality Certifications (WQC) pursuant to CWA Section 401, and California Department of
Fish and Wildlife (CDFW) Lake and Streambed Alteration Agreements (LSAA) pursuant to California Fish
and Game Code Section 1600. She regularly participates in a multi-disciplinary team to conduct
environmental impact analysis and support for projects under California Environmental Quality Act
(CEQA) and National Environmental Policy Act (NEPA) jurisdiction, including utility projects also regulated
by the California Public Utility Commission (CPUC). She is experienced in working closely with project
stakeholders to evaluate potential environmental constraints for each project. When necessary, she
performs field work, including biological habitat assessments, aquatic resources/jurisdictional
delineations, nesting bird surveys, or construction monitoring. Krystal specializes in bat biology, conducts
roost habitat assessments, and assists with the development of humane exclusion plans, acoustic studies,
data interpretation, and capture and release of bats using mist-nets and U.S. Fish and Wildlife Service-
developed white-nose syndrome decontamination protocols.
Courtney Richards – Principal Paleontologist
Years’ Experience: 18
Courtney is a qualified Principal Paleontologist with over 18 years of paleontological experience across
the western United States, including 10 years of experience providing paleontological mitigation support
on transportation projects throughout California, including Caltrans District 3. She maintains a
comprehensive understanding of the California Environmental Quality Act (CEQA), the National
Environmental Policy Act (NEPA), BLM, best practices in mitigation paleontology, and other various
federal, state, and local regulations governing paleontological resources. Courtney has completed
numerous Caltrans and Caltrans Local Assistance projects and reporting, including Paleontological
Identification Reports, Paleontological Evaluation Reports, Paleontological Mitigation Plans, and
Paleontological Mitigation Reports, and is adept at the guidelines and standards contained in the Caltrans
Standard Environmental Reference (SER), Volume 1, Chapter 8 (Paleontology).
David Duncan – GIS Specialist
Years’ Experience: 15
David has over 15 years of experience in the field of Geographic Information Systems (GIS). He is
experienced in Geospatial Analysis, Mapping, and Data Management and has helped develop, maintain,
and deliver high-quality geospatial data and maps for federal, state, and local agencies and private clients.
David’s outputs have been implemented into environmental documents under the California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), including Environmental
Assessments (EA), Environmental Impact Reports/Statements (EIR/EIS), and Biological Assessments (BA).
David has developed GIS QA/QC standards and policies, trained staff in the use of mobile field devices,
and troubleshot GIS technologies/processes toward a more streamlined output.
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City of Fresno Three-Party Agreement, CEQA Heritage Estates
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Anthony Hartman – Senior Biologist
Years’ Experience: 10
Anthony is a Wildlife Biologist with ten years of experience in consulting throughout California. His
experience includes conducting biological constraints reviews, habitat assessments, and special-status
species surveys; authoring biological assessments, survey reports, project close-out documents, and other
technical reports; and managing staffing for small projects. He has experience with gas, electric, hydro,
and vegetation management projects for PG&E, large-scale electric transmission projects for Southern
California Edison, and road-widening work for Caltrans.
Ashley Hallock – Archaeologist
Years’ Experience: 10
Ashley has more than 14 years of experience in cultural resources management throughout California and
the Pacific Northwest and meets the Secretary of Interior’s Standards and Guidelines for Professional
Qualifications in Archaeology and History. Ashley is trained in Section 106 compliance and has worked in
diverse environments for a variety of industries, including projects related to wind energy production, gas
and electric distribution and transmission, land development, road construction, bridges, and highway
expansion. She has experience in managing projects, coordinating fieldwork, task management,
conducting sacred lands file (SLF) searches with the Native American Heritage Commission (NAHC),
conducting Native American outreach, including Assembly Bill (AB) 52 outreach, conducting records
searches at various California Historical Resources Information System (CHRIS) centers, and managing
field crews. Her fieldwork experience includes conducting pedestrian surveys, construction monitoring,
and excavation. She has also completed numerous technical report assignments, including reports which
satisfy compliance with Section 106 of the National Historic Preservation Act of 1966 (NHPA), its
implementing regulations in 36 C.F.R. Part 800, and the California Environmental Quality Act (CEQA). She
is also familiar with the National Environmental Policy Act (NEPA), Sections 101, 106, and 110 of the NHPA,
the Archaeological Resources Protection Act (ARPA), and the Native American Graves Protection and
Repatriation Act (NAGPRA).
SUBCONSULTANTS
Dennis Crable – CEQA Specialist
Years’ Experience: 20
Dennis Crable is an environmental consultant who specializes in compliance with the California
Environmental Quality Act (CEQA). Dennis has over 20 years of relevant experience in the preparation,
management, and 3rd-party review of environmental projects, including Environmental Impact Reports
(EIR), Initial Studies (IS), Mitigated Negative Declarations (MND), Categorical Exemptions (CE), and
Addendums. Dennis developed his technical expertise, project management, program management, legal
research, hazardous material risk analysis, and technical writing skills at several environmental consulting
and engineering firms in southern California where he learned to prepare, manage, write, and review
CEQA and NEPA compliance documents and their associated supporting technical reports, such as traffic
impact studies/VMT analyses, air quality/GHG studies, noise impact analyses, cultural resource studies,
geotechnical studies, hydrology studies, and phase I and II hazardous material site assessments.
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10
Cara Cunningham (LSA)
Years’ Experience: 9
Ms. Cunningham has 9 years of experience and has been involved in several residential and commercial
development projects, road improvement projects, and program-level plans in the San Joaquin Valley. Ms.
Cunningham has a strong foundation in addressing impacts to air quality and greenhouse gas emissions
and is well-versed with San Joaquin Valley Air Pollution Control District regulations. Ms. Cunningham is
proficient in air quality models, including the California Emissions Estimator Model (CalEEMod). Ms.
Cunningham has prepared several air quality and global climate change analyses for projects in the San
Joaquin Valley and the City of Fresno.
DocuSign Envelope ID: F4CB8160-0529-4ACE-83A1-5C882E35305A
Fresno Housing City Reso #4268
RESOLUTION NO. 4268
BEFORE THE BOARDS OF COMMISSIONER OF THE
HOUSING AUTHORITY OF THE CITY OF FRESNO
CONSIDERATION OF RESOLUTIONS TO ASSIGN DESIGNEES AND AUTHORIZE
OFFICERS/ EMPLOYEES TO CONDUCT BUSINESS ON BEHALF OF FRESNO HOUSING
WHEREAS, the By-Laws stated that the CEO/Executive Director of both the Housing
Authority of the City of Fresno and Fresno County shall keep in safe custody the seal of the
Authority and shall have the power to affix such seal to all contracts and instruments to be
executed by the Board of Commissioners; and
WHEREAS, the Board of Commissioners acknowledge that, at time, the CEO/Executive
Director’s duties prevent him from being present to execute contracts, deeds and other
instruments in a timely manner.
WHEREAS, the Board of Commissioners acknowledge the need for a Designee(s) to be
assigned on behalf of the CEO/Executive Director for such purposes as executing contracts and
other instruments at the direction of the CEO/Executive Director when the CEO/Executive
Director is unavailable to sign such documents.
NOW THEREFORE, BE IT RESOLVED that in the absence of the CEO/Executive Director,
Tyrone Roderick Williams, the Chief Real Estate Officer, Michael Duarte, the Deputy Executive
Director, Tammy Townsend, are hereby authorized, at the direction of the CEO/Executive
Director, to execute documents, contracts and other instruments.
PASSED AND ADOPTED THIS 24th DAY OF January, 2023. I, the undersigned, herby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES: Commissioners Jones, Williams, Yanez and Kelley.
NOES: None.
ABSENT: Commissioners Vaillancourt and Christensen.
ABSTAIN: None.
___________________________________________________
Tyrone Roderick Williams, Secretary of the Boards of Commissioners
DocuSign Envelope ID: F4CB8160-0529-4ACE-83A1-5C882E35305A
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SIGNERS
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Tyrone R Williams
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twilliams@fresnohousing.org
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SIGNATURE CERTIFICATE
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