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HomeMy WebLinkAboutStantec Consulting Services Inc. Agreement Consultant - 2-9-24 AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into, effective on -2 , by and between the CITY OF FRESNO, a California municipal corp ation (City), and Stantec Consulting Services, Inc (Consultant). RECITALS WHEREAS, the City desires to obtain professional Consulting services for a Conceptual Design and Development of related Bridging Documents for the H Street Parking Garage and Site Development Project. (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Environmental, Planning and Design Professional and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Public Works Director(Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of A reement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or June 30, 2024, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the City's issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within one hundred and fifty consecutive calendar days from such authorization to proceed. 3. Compensation. (a) the Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed Fourty Nine Thousand and Nine Hundred Dollars ($49,900), paid on a time and DPW-S Eng.CSA,Short Form T&M(11-2022) Page 1 of 21 materials basis in accordance with the schedule of fees contained in Exhibit A. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant's compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Maieure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant's filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii)the City's non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or(iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City's damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or(iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written DPW-S Eng.CSA,Short Form T&M(11-2022) Page 2of21 assurances of future performance, upon Director's request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings, and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City's sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. DPW-S Eng CSA,Short Form T&M(11-2022) Page 3 of 21 6. Professional Skill It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification To the furthest extent allowed by law, including California Civil Code section 2782.8, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and cost to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(is) 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 Insurancc Rating Guide,'or (ii) as may be authorized in writing by the City's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been DPW-S Eng.CSA,Short Form T&M(11-2022) Page 4 of 21 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 anyway relieve the Consultant of its responsibilities under this Agreement. The phrase"fail to maintain any required insurance"shall include,without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub- consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City's execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i)professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.),the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and DPW-S Eng.CSA,Short Form T&M(11-2022) Page 5 of 21 that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any the City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct, or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant's subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City's Solid Waste Management Division, for each office and facility. Literature describing recycling programs is available from the City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at(559) 621-1111. (b) Immediately contact the City's Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. DPW-S Eng.CSA,Short Form T&M(11-2022) Page 6 of 21 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time, if any litigation, claim, negotiations, audit, or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved,or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state, and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (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 DPW-S Eng.CSA,Short Form T&M(11-2022) Page 7 of 21 orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant's employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff ortermination; rates of pay or otherforms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee,joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City's express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and DPW-S Eng.CSA,Short Form T&M(11-2022) Page 8 of 21 retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the temps 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. Assign (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors, or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance with Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. DPW-S Eng.CSA,Short Form T&M(11-2022) Page 9 of 21 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. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement. 21. 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. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, 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. DPW-S Eng_CSA,Short Form T&M(11-2022) Page 10 of 21 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall,wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DPW-S Eng.CSA,Short Form T&M(11-2022) Page 11 of 21 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, Stantec Consulting Services, A California municipal corporation Inc. Digitally signed by Rusty Rusty Benkosky lenk Date: r Date: 24.02.02 16:34:22 By: By: -08,00, Ge eanne White, Rust Benkosk City anager Name: Y Y Office of the City Manager Title: Vice President ATTEST: (If corporation or LLC., Board Chair, SuLTING Pres. or Vice Pres.) �' TODD STERMSFR, CMC City Clerk By: 41 ca fi'poratP rn Jeff �►+ BY' 6&M�tep-& Stone Name: z 1 ZOA Vice President and 0 Deputy Title: Assistant Secretary �k No signature of City Attorney required. (If corporation or LLC., CFO, Treasurer, 9 Y Y q Secretary or Assistant Secretary) Standard Document #DPW-S Eng. CSA, Short Form T&M(11-2022) has been used Any Applicable Professional License: without modification, as certified by the Number: signed. Name: By: Date of Issuance: REVIEWED BY: F ancisco Magos, Assistant Direct Public Works Department Addresses: CITY: CONSULTANT: City of Fresno Stantec Consulting Services. Inc. Attention:Dafton Bennett, Projects Attention: Graeme Taylor, Project Administrator Manager 747 R Street, 2nd Floor 601 SW 2nd Avenue, Suite1400 Fresno, CA 93721 Portland, OR 97204 Phone: (559) 621-8828 Phone: 503-273-6158 E-mail: dalton.bennett@fresno.gov E-mail: Graeme.taylor@stantec.com Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements DPW-S Eng CSA,Short Form T&M(11-2022) Page 12 of 21 EXHIBIT A Consultant Service Agreement between the City of Fresno (City) and Stantec Consulting Services, Inc (Consultant) Conceptual Design and Bridging Documentation for the Proposed H Street Parking Garage and Site Development Project CONSULTANT will provide Conceptual Design, Bridging Documentation and Request for Proposal (RFP) preparation and support for the proposed H Street Parking Garage and Site Development Project (Project). The proposed Project consist of an appropriately scaled parking structure based on demand and zoning requirements, to be designed to a preliminary/conceptual level that will support the preparation of an RFP for a Design-Build Firm to provide final design, permitting and construction of the parking structure.A future phase of the Project, located on the same site will include an anticipated 293-unit apartment building. This scope also includes budgets for preliminary yield analysis and conceptual site planning for both phases and the advancement of the parking structure design to Bridging Documents. Task anticipated within this scope include but are not limited the following: 1. Parking Structure a. Conceptual parking data and count based on area use, zoning and transit requirements b. Concept site plan c. Concept of ground level floor plan d. Concept of building section e. Concept elevation f. Concept perspective and precedent images g. Concept site engineering (grading and utility) to include coordination with City Public Works and Public Utility Departments, including offsite improvements and requirements h. Basis of design narratives 2. Development Considerations based on City Zoning, 2023 California Building Code (CBC) and Proposed Use 3. Development Concept Yield — Multifamily a. Idea b. Precedent images c. Concept Section / program d. Concept Plans/ program e. Concept perspectives f. Concept yield i. Gross Square Feet (GSF), Net Square Feet (NSF) ii. Floor Area Ratio (FAR) + Units/Acre iii. Program Square Feet(PSF) ■ CONSULTANT will also conduct preliminary site engineering assessment(grading, utilities, water quality, site circulation and access) coordination with the City on utility capacities available to serve the multifamily development. Consultant will support the City during the preparation of the RFP on items related to the technical scope, based on the findings and conceptual design of the Bridging Documents. Support and input from City staff will be utilized to coordinate design requirements for items related to traffic,transportation and offsite improvement recommendations including City infrastructure capacity for anticipated project utility loads. These design and support services will be provided and billed Not to Exceed $49,900 per the attached rate sheet. SCHEDULE OF BILLING RATES—2024 Stantec Billing Hourly Description Level Rate Junior Level position 3 $117 ❑ Independently carries out assignments of limited scope using standard procedures,methods,and 4 $128 techniques ❑ Assists senior staff in carrying out more advanced procedures 5 $146 ❑ Completed work is reviewed for feasibility and soundness of judgment ❑ Graduate from an appropriate post-secondary program orequiuvlent ❑ Generally,one to three years'ex erience Fully Qualified Professional PQstllan 6 $150 ❑ Carries out assignments requiring general familiarity within a broad field of the respective profession ❑ Makes decisions by using a cornbinatlon of standard methods and techniques 7 $160 ❑ Actively participates in planning to ensure the achievement of objectives 8 $170 I ❑ Works independently to Interpret information and resolve difficulties ❑ Graduate from an appropriate post-secondary program,with credentials or equivalent ❑ Generally,three to six years'experience First Level Supervisor or first complete Level of Specialization 9 $176 ❑ Provides applied professional knowledge and initiative in planning and coordinating work programs 10 $182 ❑ Adapts established guidelines as necessary to address unusual issues ElDecisions accepted as technically accurate,however may on occasion be reviewed for soundness of 11 $198 judgment I 12 Graduate from an appropriate post-secondary program,with credentials or equivalent I ❑ Generally,five to nine years'experience l Highly Specialized Technical Professional or Supervisor of groups of professionals ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise 12 $208 ❑ Participates in short-and long-range planning to ensure the achievement of objectives i 13 $21 9 ❑ Makes responsible decisions on all matters,including policy recommendations,work methods,and financial controls associated with large expenditures 14 $230 ❑ Reviews and evaluates technical work ❑ Graduate from an appropriate post-secondary program,with credentials or equivalent Gerterall ,ten 1a[iHeen Years'experience with extensive,broad exo enca Senior Level Consultant or Management ❑ Recognized as on authority in a specific field with qualifications of significant value 15 $244 ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise ❑ Independently conceives programs and problems for investigation 16 $269 ❑ Participates in discussions to ensure the achievement of program and/or project objectives ❑ Makes responsible decisions on expenditures,including large sums or implementation of major 17 $278 programs and/or projects ❑ Graduate from an appropriate post-secondary program.with credentials or equivalent ❑ Generally,more than twelve years' experience with extensive experience Senior Level Management under review by Vice President or higher 18 $284 Q Recognized as on authority in a specific field with qualifications of significant value Responsible for long range planning within o specific area of practice or region 19 $295 ❑ Makes decisions which are for reaching and limited only by objectives and policies of the organization 0 Plans/approves projects requiring stgriFiCant human resourc es or ccpifol investment 20 $306 1 Cl Graduate from an appropriate post-secondary program.with credentials or equivalent 21 $32d ❑ Generally,tirteen years'experience with extensive professional and mono gemert experience I � � Crew Size Regular Rate Overtime Rate Survey Crews 1-Person $220 $275 455 2-Person $345 $635 3-Person $470 Expert Witness Services carry a 50%premium on labor. Overtime may be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase. 7-2 2024 CA EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Stantec Consulting Services. Inc (Consultant) Conceptual Design and Bridging- Documentation for the Proposed H Street Parking Garage and Site Develo ment Praiect 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 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 the Consultant's profession. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work DPW-S Eng CSA,Short Form T&M(11-2022) Exhibit B Page 16 of 21 performed under the Agreement. 2, COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR (i) $100,000 per person (ii) $300,000 per accident for bodily injury; and, (iii) 50,000 per accident for property damage. 3. WORKER'S COMPENSATION INSURANCE required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY(Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event The Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance,"this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager or designee. At the option of the City's Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City's Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Lia �bfflty insurance policies are to contain, or be endorsed to contain, the following provisions: DPW-S Eng.CSA,Short Form T&M(11-2022) Exhibit B Page 17 of 21 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 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 the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant shall establish primary and non-contributory status by using ISO Form CG 20 01 0413 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as-broad as that contained in ISO Form CG 20 01 04 13. The Workers'Compensation insurance policy is to contain, or be endorsed to contain,the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability LErrors and Omissions)insurance policy is written on a claims- made form: 1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase "extended reporting" coverage for a minimum of five years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the DPW-S Eng.CSA,Short Form TSM(11-2022) Exhibit B Page 18 of 21 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 (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (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 the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or designee prior to the City's execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, The Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DPW-S Eng.CSA,Short Form T&M(11-2022) Exhibit B Page 19 of 21 DATE(MM/DD/YYYY) �coRam CERTIFICATE OF LIABILITY INSURANCE 5/1/2024 10/6/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CON TACT NAME, 444 W.47th Street,Suite 900 PHONE FA7C AINa Kansas City MO 64112-1906 EMAIL (816)960-9000 ADDRESS: kcasu@lockton.com INSURERIS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company of America 25674 INSURED STANTEC CONSULTING SERVICES INC. INSURER B:Berkshire Hathaway Specialty Insurance Company 22276 1415077 410 17TH STREET INSURERC: SUITE 1400 INSURER D: DENVER CO 80202-4427 INSURER E INSURER F COVERAGES *N CERTIFICATE NUMBER: 19947521 REVISION NUMBER: XXXXJIXx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSRA L SU BR POLICY NUMBER hPOLICY FF PJ QQ P LIMITS B X COMMERCIAL GENERAL LIABILITY N N 47-GLO-307584 5/1/2023 5/1/2024 -EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE 51 OCCUR FPREMISES JEa occurrence $ 1.000.000 X CONTRACTUAL/CROSS MED EXP Any oneperson) $ 25.000 X XCU COVERED PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY E]jE [�]LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N TC2J l-CAP-8E086819 AOS) 5/1/2023 5/1/2024 COMBINED SINGLE LIMIT $ A TJ-BAP-8E086820 5/1/2023 5/1/2024 Ea t 1 000 000 ANY AUTO BODILY LY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Pet eccidant $ XXXXXXX B X UMBRELLA LIAB X OCCUR N N 47-UMO-307585 5/1/2023 5/1/2024 EACH OCCURRENCE $ 5,000,000 I EXCESS LIAB CLAIMS-MADE AGGREGATE $ S 000 000 DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATION I X STATUTE OTH- A AND EMPLOYERS'LIABILITY N UB-3P635310 AOS) 5/1/2023 5/1/2024 ER - ANY PROPRIETOR/PARTNER/EXECUTIVE A Y/N I UB3P533004((MA WE 5/1/2023 5/1/2024 E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N/A EXCEPT FOR OH IUD A WY (Mandatory in NH) E.L DISEASE-EA EMPLOYE $ 1,000,000 yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 19947521 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TO WHOM IT MAY CONCERN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©19884015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD A`� ® DATE IvrYY) CERTIFICATE OF LIABILITY INSURANCE 10/1/2024 10/6/20b�2{D23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endvrsement(s). CONTACT PRODUCER Lockton Companies NAMF: — 444 W.47th Street,Suite 900 PHONE F No Kansas City MO 64112-1906 ADDRESS: : (816)960-9000 kcasu@lOCktOn.COm INSURERS AFFORDING COVERAGE NAIL# _ INSURER A:Berkshire Hathaway Specioty Insurance Company 22276 INSURED STANTEC CONSULTING SERVICES INC. INSURER B:AIO 5 ccial Insurance Company 26883 1414750 410 17TH STREET INSURER C SUITE 1400 WSURER D: DENVER CO 80202-4427 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 19947226 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lN3R SUBR POLICYEPF POLICYEXP I LIMITS LTR TYPE OF INSURANCE POLICY NUMBER wD 11'1'YY H DIYYYY COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ xXxxxXX CLAIMS-MADE OCCUR PREMISESID,Ee aceurrence $ X)CKXXXX MED EXP(Any one person) S x PERSONAL&ADV INJURY $ XNx3uXx GENERAL AGGREGATE $ xxxxxxx GEN'L AGGREGATE LIMIT APPLIES PER: POLICY❑jE O- LOC PRODUCTS-COMP/OP AGG $ xxxxxxx OTHER: xxxxxxx AUTOMOBILE LIABILITY NOT APPLICABLE oM9Md 'SINGLE uMI $ ANY AUTO BODILY INJURY(Per person) $ xxlxxxxx OWNED SCHEDULED BODILY INJURY(Per accident) $ �[ AUTOS ONLY AUTOS PROP TY DAMAGE HIRED NON-OWNED Per lent) $ xXxxx}_x AUTOS ONLY AUTOS ONLY $ xxxxxXx UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXxaxxx EXCESS LIAB CLAIMSJNADE AC'GREC3ATE $ Xxxxxxx DEC RETENTIONS $ XXXXxxx WORKERS COMPENSATION NOT APPLICABLE STATUTE I I ER AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $ xxxxxxx ANY PROPRiETOR1PARYNERIEXECt1TN E ❑ NIA OFFICEPJMEMBER EXCLUDED'+[ManiFalaq in NH] E.L.DISEASE-EA EMPLOYEE S XxxxXXX Ues;desrstb'a under E.L.DISEASE-POLICY LIMIT $ 4 OF OPERATIONS below A Professional Liab N N 47-EPP-308810 10/1/2023 10/1/2024 $2,000,000 PER CLA[MIAGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS Contractors Pollution Liab $2,000,000 PER LOSS/AGG g CP08085428 10/1/2023 10/1/2025 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 19947226 ACCORDANCE WITH THE POLICY PROVISIONS. TO WHOM IT MAY CONCERN AUTHORIZED REPRES£NTATIV 14 ©1988�015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code:D564542 Master ID: 1415077,Certificate ID: 19947521 STANTEC CONSULTING SERVICES INC..; 1415077 19947521 TO WHOM IT MAY CONCERN Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance.To ensure electronic delivery for future renewals of this certificate,we need your email address. Please contact us via the email below and reference Certificate ID: 19947521. You must reference this Certificate ID number in order for us to complete this process. ➢ Certificate ID: 19947521 ➢ Email: kcasu@Lockton.com ➢ Subject Line:ASU E-Delivery NOTES: Signing up for this will NOT sign you up for any solicitation emails-your email will only be used to forward updated or renewal certificates direct from Lockton. Your certificates will come via a secure link to our database (see below)with the following email "certificates@locktoncerts.com". This is how you know it is from Lockton directly. Also-please do not send any emails to "certificates@ locktoncerts.com"as it is not an actual email address. If you do need a pdf of a certificate, please email kcasu@lockton.com to request one. The link will look like this: G tockrm I�Ip 1�61`b icy MIC+O•Ar 77cJiM.irfl'dC)N7 Fast��IL O�YLb lYt«I ll If you received this letter with a certificate via email, no further action on your part is necessary. If you no longer need this certificate, please contact us at kcasu@lockton.com, reference the Holder ID number and use this subject line: "Certificate Removal" Thank you for your cooperation. Lockton Companies Account Services Unit EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Conceptual Design and Bridging Documentation for the gr000sed H street arkin Garage and SiteDevel❑ ment Project YES* NO 1 Are you currently in litigation with the City of Fresno or any of its X agents? 2 Do you represent any firm, organization, or person who is in C X litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do ❑ X 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 rJ X 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 I— X this Project? * If the answer to any question is yes, please explain in full below. Explanation. Signature _ 2/5/2024 Date Graeme Taylor Name Stantec Consulting Services, Inc Company 601 SW 2nd Avenue, Ste 1400 Address Portland, OR 97204 City, State, Zip DPW-S Eng.CSA,Short Form T&M(11-2022) Exhibit C Page 20 of 21 ❑ Additional page(s) attached. DPW-S Eng.CSA,Short Form T&M(11-2022) Exhibit C Page 21 of 21