HomeMy WebLinkAboutSan Joaquin River Conservancy - Agreement - 11.03.23DocuSign Envelope ID: B4EAA8E5-DO74-4D9C-9495-CEDA70EBFDOE
SCO ID: 3830-C23100001
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (IfApplicable)
STD 213 (Rev. 0412020) C23100001
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
San Joaquin River Conservancy
CONTRACTOR NAME
City of Fresno
2. The term of this Agreement is:
START DATE
August 28, 2023 or upon DGS OLS approval, whichever is later
THROUGH END DATE
June 30, 2025
3. The maximum amount ofthis Agreement is:
$1,200,0001.92 One Million Two Hundred Thousand One Dollar and Ninty-Two Cents
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a partof the Agreement.
Exhibits
Title
Pages
Exhibit A
Scope of Work
1
Exhibit A,
Attachment
1
Detailed Scope of Work
3
Exhibit A,
Attachment
Project Drawings and Timeline
9
2
Exhibit B
Budget Detail and Payment Provisions
2
Exhibit B,
Attachment
Cost Breakdown
2
1
GTC
Exhibit C
General Terms and Conditions
04/2017
Exhibit D
Special Terms and Conditions
2
-items shown with on asterisk f 1. are h ereby incorporated by reference ana maoe parr or rnis agreemenr as a virucnea r grew.
These documents can be viewed at htrrs./Iwwvv.dws.ta.4ovID1.SIResources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE I ZIP
2600 Fresno Street I Fresno CA 93721
PRINTED NAME OF PERSON SIGNING TITLL
Scott Mozier I Public Works Director
CONTRACTOR AUfHORIZEDSIGNATURE � _ DATE SIGNED
c0ocuSignndby:
9/19/2023
00,
352-85
APPROVED AS # - rDFiM
CITY OF F 0
CITY ATl . 'S `FICE
BY
Cif Pf 1T V ATTORNEY ®AT . '
k�e� � b
ATTEST:
TODD STERMER, CMC
�JIITY CLERK
B�� } 7 323
Y:
Deputy
Page 1 of 2
DocuSign Envelope ID: B4EAA8E5-DO74-4D9C-9495-CEDA70EBFDOE
SCO ID: 3830-C23100001
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable)
STD 213 (Rev. 04/2020) C23100001
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Parks and Recreation
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
P.O. Box 942896 Sacramento CA 94296
PRINTED NAME OF PERSON SIGNING TITLE
Kristal Simpson Chief, Business Management Services
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
oocu5igned by:
9/20/2023
OF GENERAL
APPROVED
OCT 27 2023
BHK/BD:vkh
OFFICE OF LEGAL SERVICE
DEPT.OF GENERAL SERVICI
EXEMPTION (If Applicable)
Page 2 of 2
nn—Rinn Fnvalnne in- R4FAARF5-nO74-4D9C-g495-CEDA70EBFDOE
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
Contractor's Name: City of Fresno
Agreement Number: C23100001
Page: 1 of 1
1. Contractor agrees to provide to the San Joaquin River Conservancy (SJRC) project management
services as described herein:
Contractor shall provide project management for the construction of a traffic signal as described under
Exhibit A, Attachment 1 (Detailed Scope of Work), attached and included herein to this contract.
2. The services shall be performed at:
Specific Location: West Audubon Drive & North Del Mar Avenue in the City of Fresno, California 93711.
• Latitude (Decimal Degrees): 36°51'36.52"N
• Longitude (Decimal Degrees): 119°47'42.87"W
3. The services shall be provided during:
Normal working hours Monday through Friday (8:00 am to 5:00 pm) excludes federal and state holiday or
during periods of operation as mutually agreed by the representatives named below.
4. The project representatives during the term of this Agreement will be:
State Agency: San Joaquin River Conservancy
Section/Unit:
Attention: 1 Karen Buhr
Address: 15469 E. Olive Ave.
Contractor:
Section/Unit:
Attention:
i City of Fresno
Scott Mozier
Address:
2600 Fresno Street
Ci /State/Zip Code:
Fresno, CA 93727
City/State/Zip Code:
Fresno, CA 93721
Phone:
(559) 253-7324
Phone:
559-621-8650
Fax:
(559) 456-3194
Karen. BuhrCcD_slrc.ca.gov
Fax:
_
E-mail Address:
E-mail Address:
Scott.Maie fresna. ov
DPR 603 (Rev. 2/2011.)(Exeel 2110/2011)
DocuSign Envelope ID: B4EAA8E5-D074-4D9C-9495-CEDA70EBFDOE
Contractor: City of Fresno
Agreement: C23100001
Page 1 of 3
Exhibit A, Attachment 1
Detailed Scope of Work
Project Summa :
The City of Fresno shall provide project management for the construction of a traffic signal at the
three-way intersection of North Del Mar Avenue and West Audubon Drive in Fresno, California.
The City of Fresno has competitively bid for a subcontractor to complete the construction of the
traffic signal.
The Construction site is located within the immediate proximity of the Riverview Drive access
point to the River West Eaton Trail Extension project, currently in design, which will serve as one
of the primary public entrances to the San Joaquin River Parkway. The increased traffic to and
from the Riverview Drive entrance will place further strain on the currently unprotected and over-
loaded intersection. The traffic signal will improve public safety, specifically for residents, visitors
to the River West Eaton Trail Extension project and the Conservancy, by protecting vehicular
turning movements, reducing vehicular delays, and improving pedestrian and bicycle access.
Signalization of the Del Mar and Audubon intersection was addressed within the 2017 Final
Environmental Impact Report prepared for the Conservancy for the River West Eaton Trail
Extension, State Clearinghouse No. 2014061017, as a mitigation measure forAlternative 1, which
included the addition of the West Riverview Drive entrance/trailhead. Due to increased traffic
loading of trail users to and from the River West Eaton Trail Extension and uncertainty when
mitigation measures could be completed, impacts to the Del Mar and Audubon intersection were
considered significant and unavoidable. Construction of a traffic signal at the intersection would
comply with the suggested mitigation measure listed in the Final Environmental Impact Report
and would reduce the impacts to less than significant levels. The signalization would reduce wait
times for traffic entering the intersection from Del Mar Avenue and would reduce the potential for
traffic accidents.
The City of Fresno has developed the 60% design level construction documents for a new traffic
control signal at the Del Mar and Audubon intersection. See Exhibit 1, Attachment 2, Design
Drawings and Project Timeline.
The construction of the traffic light signal does not directly impact nor benefit ecological systems.
The structural elements of the project will be designed to withstand the elements and the signal
equipment, lights and pavement markings will be maintained by the City of Fresno.
Task 1: Selection of a Subcontractor
On June 14, 2023, the City of Fresno released a Notice Inviting Bids for the Traffic Signal
Installation at intersection of Audubon and Del Mar Avenues in Fresno, CA. The City of Fresno
has the notice up for a total of 34 days, with bids being open on July 18, 2023. The City of Fresno
received two bids and are currently under review with the City's Purchasing Division to confirm all
necessary requirements have been met and documents have been submitted correctly.
DocuSign Envelope ID: B4EAA8E5-DO74-4D9C-9495-CEDA70EBFDOE
Contractor: City of Fresno
Agreement: C23100001
Page 2 of 3
Task 2: Construction
City of Fresno shall provide project management and oversight of the selected subcontractor on
the construction of the traffic signal.
The general project sequencing will be the following.
• contractor mobilization
• implementation of traffic
• stormwater controls
■ clearing of the project site and removal of pavement
• installation of traffic detection infrastructure
■ signal installation
■ repaving
■ restriping of vehicle travel lanes
The subcontractor shall be responsible for the dispose of all construction waste material per the
City and State law.
The selected subcontractor shall provide the City of Fresno with a Traffic Control Plan that will get
reviewed and approved by the City. In the Traffic Control Plan, it will adhere to the following
requirements during construction.
T..., f. !! ...., , ,t m m lrxXr r fmi r manic dialI annty to tha nrntarI
Street Name
Da s/Hours
Minimum Requirements
Audubon Drive
gam to 4pm
SLURRY WORK Slurry the North half (westbound) of
and
9pm to Gam
Audubon as well as all of Del Mar. The South hair
Del Mar Ave.
eastbound of Audubon shall remain
Audubon Drive
gam to 4pm
SLURRY WORK Slurry the South half (eastbound) of
9pm to Sam
Audubon The North half (westbound) of Audubon shall
remain open.
Audubon Drive
9pm to Gam
INTERSECTION STRIPING intersection closure allowed
and
for striping only.
Del Mar Ave.
Audubon Drive
gam to 4pm
ALL OTHER WORK: One lane in each direction shall
9pm to Sam
remain open at all times
Del Mar Ave.
9am to 4pm
ALL OTHER WORK- One lane in each direction shall
9pm to Gam
remain open at all times
Riverview Or
gam to 4pm
ALL OTHER WORK One lane In each direction shall
9pm to Gam
remain open at all times
An streets
All days/ At
Pedestrian access shall be maintained at all times safe
all times
access for pedestrians shall be maintained at all times in
accordance with subsection 7.10.1. "TRAFFIC AND
ACCESS, OF THE CITY OF FRESNO STANDARD
SPECIFICATIONS" All necessary signage shall be In
accordance with the California htUTCD and approval by the
City of Fresno Traffic Engineer
DocuSign Envelope ID: B4EAA8E5-D074-4D9C-9495-CEDA70EBFDOE
Contractor: City of Fresno
Agreement: C23100001
Page 3 of 3
Task 3: Construction En-gineerinct
During construction, the City Construction Management Division will provide construction
engineering services for the project. Services generally include the following.
Construction Pro'ect Management., Their role is responsible for the project's scope,
schedule, and budget through construction. They will maintain regular communication on
project status, change orders, and progress towards completion. The construction
management team will attend meetings, review submittals, and respond to Requests for
Information from the Engineer of Record. They should also maintain communication with
Capital Projects Management Team to relay overall status of their project.
Contractor Coordination: shall coordinate with other contractors should there be adjacent
projects, coordinate with utility companies for identifying utilities or installation of utilities,
coordinate with homeowners in the area for work in/around/adjacent to their property,
coordinate to obtain required permits, coordinate with City Construction Management or
any other departments required (e.g. Traffic Dept for Traffic Control Plan) to facilitate the
beginning of construction.
Inspection: As per standard City procedure inspectors are sent out to each project site to
verify all work meets all required codes and standards. This may include electrical work,
compaction, subgrade, pavement, Hot Mixed Asphalt deliveries, or any other relevant
material or construction activities.
Observation The City of Fresno's Traffic Operations, Streets, and Construction
Management teams all have inspectors and/or staff that shall verify the streetlights,
roadway, and other project elements are constructed per standard and are in proper
working order.
Development of As -Built Plans. The As -Built drawings are a set of plans that are marked
up by the contractor to identify how various aspects of the project were actually built versus
the way it was originally designed. At the completion of the project the subcontractor will
provide all of the plan markups to the Construction Management team and/or the Engineer
of Record to verify. Those markups will be transcribed to a set of plans and stamped as
"As -Built" to keep on file for future record.
Management Plan:
The intersection is within the existing City Street right-of-way and will be included in the City's
traffic signal and street maintenance schedule for the life of the project. City staff will manage the
implementation of the project cand reporting and invoicing to the Conservancy, as required
through project close-out.
California Labor Code:
The City of Fresno will comply with all applicable requirements in the California Labor Code
applicable to "public works" as defined in Labor Code 1720 et seq.
DocuSign Envelope ID: B4EAA8E5-DO74-4D9C-9495-CEDA70EBFDOE
Contractor: City of Fresno
Agreement: C22100019
Page 1 of 9
Exhibit A, Attachment 2
Project ❑rawings and Timeline
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DocuSign Envelope ID: B4EAA8E5-D074-4D9C-9495-CEDA70EBFDOE
Contractor's Name: City of Fresno
Agreement Number: C2310001
Page: 1 of
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to
compensate the Contractor for actual expenditures incurred in accordance with the rates specified in
Cost Breakdown marked Exhibit B, Attachment 1, which is attached hereto
and made a part of this Agreement.
B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than
monthly in arrears to:
San Joaquin River Conservancy
ATTN: Rebecca Raus
5469 E. Olive Ave.
Fresno,CA 93727
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this
Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force
and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to
furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any
provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the
State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer
an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5,
commencing with Section 927.
4. Timely Submission of Final Invoice
A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following
expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by
the project representative. Said invoice should be clearly marked "Final Invoice," thus indicating that all
payment obligations of the State under this Agreement have ceased and that no further payments are due or
outstanding.
B. The State may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to
obtain prior written State approval of an alternate final invoice submission deadline. Written State approval
shall be sought from the project representative prior to the expiration or termination date of this Agreement.
DPR604(Rev 1212021)[Exce11212812021)
nn�nrornnr
Contractor's Name: City of Fresno
Agreement Number: C2310001
Page: 2 of 2
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
5 Disabled Veterans Participation Goals
A. Upon completion of an awarded contract in which a commitment to achieve a DVBE goal was made, the
prime contractor that entered into a subcontract with a DVBE is required to complete and submit form STD.
817 within 60 days to certify payment information to the awarding department, in accordance with Military and
Veterans Code (M&VC) Section 999.5.
B. For contracts awarded on or after January 1, 2021, pursuant to M&VC Section 999.7, the State shall withhold
ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand
dollars ($10,000), until the prime contractor complies with the certification requirements of M&VC Section
999.5. Prime contractors that fail to comply with the certification requirements shall be given notice and
allowed to cure the defect. If after 15 calendar days but not more than 30 calendar days from the date of the
notice, the prime contractor fails to comply with the certification requirements, the State shall permanently
deduct ten thoursand dollars ($10,000) from the final payment, or the full payment if less than ten thousand
dollars ($10,000). The withholding applies to all contracts with a DVBE subcontractor.
C. Notwithstanding any other law, an awarding department shall not withhold more than the amount specified on
the final payment of any disabled veteran business enterprise contract for the purposes of ensuring
compliance with the certification requirements of M&VC 999.5.
DPR 604 (Rev 12/2021i:.=xc• 12/28/20211
DocuSign Envelope ID: B4EAA8E5-DO74-4D9C-9495-CEDA70EBFDOE
Contractor: City of Fresno
Agreement No: C23100001
Page 1 of 2
EXHIBIT B, ATTACHMENT 1
COST BREAKDOWN
Budget
West Audubon Drive and North Del Mar Avenue Traffic Signal Installation
A. PERSONNEL SERVICES
Project Role
Hour
Rate
Amount Requested
Senior Engineering Inspector
250.00
$
45.00
$
11,250.00
Engineering Inspector
300.00
$
41.00
$
12,300.00
Purchasing
80.00
$
130.00
$
10,400.00
City Attorney
80.00
$
123.00
$
9,840.00
Project Admi nistrator
240.00
$
63.00
$
15,120.00
Admi nistrator Staff
220.00
$
45.00
$
9,900.00
Deputy City Engineer
190.00
$
70.00
$
13,300.00
Professional Engineer
230.00
$
53.00
$
12,190.00
Engineerl
290.00
$
55.00
$
15,950.00
Survey Party Chief
80.00
$
43.00
$
3,440.00
Subtotal Personnel Services
$
113,690.00
Staff Benefits
44.93%
$
51,080.92
SUBTOTALA: PERSONNEL SERVICES
$
164,770.92
B. OPERATING EXPENSES: GENERAL
Inspector Vehicle
$
10,000.00
Testing and Inspections
$
25,231.00
SUBTOTAL B: OPERATING EXPENSES: GENERAL
$
35,231.00
C. OPERATING EXPENSES: SUBCONTRACTORS
General Contrator- Construction Contract
$
1,000,000.00
SUBTOTALC: OPERATING EXPENSES: SUBCONTRACTORS
$
1,000,000.00
GRAND TOTAL
(A+B+C)J
1,200,001.92
Budget information:
The Survey Party Chief supervises and trains a survey party involved in performing survey and
layout work on engineering and mapping projects in the field.
DocuSign Envelope ID: B4EAA8E5-D074-4D9C-9495-CEDA70EBFDOE
Contractor: City of Fresno
Agreement No: C23100001
Page 2 of 2
Purchasing line item covers the time for the City of Fresno's Purchasing Division to provide
administrative services to the contract and procurement services.
Staff benefits: This the typical benefit costs associated with City of Fresno's wage rates
including medical, vision, dental, vacation, pension, and sick leave. For a full explanation of the
City of Fresno's Staff benefits please see the current Fiscal Year Salary Resolution at the link
below:
Operating Expenses cover the City of Fresno's standard personal rates and costs associated to
provide inspection and project testing services. City owned vehicles are provided as
transportation to each project site.
DocuSign Envelope ID: B4EAA8E5-D074-4D9C-9495-CEDA70EBFDOE
Contractor's Name: City of Fresno
Agreement Number: C2310001
Page: 1 of 2
EXHIBIT D — PUBLIC ENTITY
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. disputes
Unless otherwise provided in this agreement, any dispute concerning a question of fact arising under this
agreement which cannot be resolved informally shall be decided by the following two-step procedures.
Contractor must provide written notice of the particulars of such disputes to the Project Manager or his/her duly
appointed representative. The Project Manager must respond in writing within ten (10) working days of receipt of
the written notice of dispute. Should Contractor disagree with the Project Manager's decision, Contractor may
appeal to the second level. Pending the decision on appeal, Contractor shall proceed diligently with the
performance of this agreement in accordance with the Project Manager's decision. The second level appeal must
indicate why the Project Manager's decision is unacceptable, attaching to it Contractor's original statement of the
dispute with supporting documents, along with a copy of the Project Manager's response. The second level
appeal shall be sent to the Deputy Director of Administrative Services or his/her duly appointed representative.
The second level appeal must be filed within fifteen (15) working days of receipt of the Project Manager's
decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such right to an
adjustment of this agreement. The Deputy Director or designee shall meet with Contractor to review the issues
raised. A written decision signed by the Deputy Director or designee shall be returned to Contractor within fifteen
(15) working days of the receipt of the appeal.
2. Termination for Convenience
State reserves the right to terminate this agreement subject to 30 days written notice to Contractor. Contractor
may submit a written request to terminate this agreement only if State should substantially fail to perform its
responsibilities as provided herein.
3. Force Maieure
Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance
resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to
acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo,
public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in
performance by Contractor arises out of a default of its subcontractor, and if such default of its subcontractor,
arises out of causes beyond the control of both Contractor and subcontractor, and without the fault or negligence
of either of them, Contractor shall not be liable for damages of such delay or failure, unless the supplies or
services to be furnished by subcontractor were obtainable from other sources in sufficient time to permit
Contractor to meet the required performance schedule.
4. Forced, Convict, and Indentured Labor
No foreign -made equipment, materials, or supplies furnished to State pursuant to this agreement may be
produced in whole or in part by forced labor, convict labor, or indentured labor. By submitting a bid to State or
accepting a purchase order, Contractor agrees to comply with this provision of this agreement.
DPR 605PE (New 121 =)(Excel 815/2005)
DocuSign Envelope ID: B4EAA8E5-DO74-4D9C-9495-CEDA70EBFDOE
EXHIBIT D — PUBLIC ENTITY
(Standard Agreement)
5. Potential Subcontractors
Contractor's Name: City of Fresno
Agreement Number: C2310001
Page: 2 of
Nothing contained in this agreement or otherwise, shall create any contractual relation between State and any
subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder.
Contractor agrees to be as fully responsible to State for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from
State's obligation to make payments to Contractor. As a result, State shall have no obligation to pay or to enforce
the payment of any moneys to any subcontractor.
6. Priority Hiring Considerations for Contracts with a Value of $200 000
If the resulting agreement will have a total value of $200,000 or more, Contractor is hereby advised that it will be
obligated to give priority consideration in filling vacancies in positions funded by the resulting agreement to
qualified recipients of aid under Welfare and Institutions Code Section 11200. This requirement shall not interfere
with or require a violation of a collective bargaining agreement, a federal affirmative action obligation for hiring
disabled veterans of the Vietnam era, or nondiscrimination compliance laws of California and does not require the
employment of unqualified recipients of aid.
7. Intellectual Property
Any works developed during and/or pursuant to this agreement by Contractor, including all related copyrights and
other proprietary rights therein, as may now exist and/or which hereafter come into existence, shall belong to
State upon creation, and shall continue in State's exclusive ownership upon termination of this agreement.
Contractor further intends and agrees to assign to State all right, title and interest in and to such materials as well
as all related copyrights and other proprietary rights therein.
Contractor agrees to cooperate with State and to execute any document or documents that may be found to be
necessary to give the foregoing provisions full force and effect, including but not limited to, an assignment of
copyright.
Contractor agrees not to incorporate into or make the works developed, dependent upon any original works of
authorship or Intellectual Property Rights of third parties without first (a) obtaining State's prior written permission,
and (b) granting to or obtaining for State a nonexclusive, royalty -free, paid -up, irrevocable, perpetual, world-wide
license, to use, reproduce, sell, modify, publicly and privately display and distribute, for any purpose whatsoever,
any such prior works.
8. Contractor's Duties Obligations and Rights
Contractor is hereby apprised that California Public Contract Code Section 10335 through 10381 are applicable
relative to Contractor's duties, obligations, and rights in performing the agreement.
DPR 605PE