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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
This Agreement is made and entered into effective on ________________________, by and between the CITY OF FRESNO, a Californi a municipal corporation (City), and LSA ASSOCIATES, INC., a California Corporation (Consultant).
RECITALS
WHEREAS, the City desires to obtain prof essional on-call Enviro nmental Planning and Compliance services for the Public Works Capital Improvement Program (Program); and WHEREAS, the Consultant is engaged in the business of furnishing services as a professional environmental planning and compliance consultant 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 City has condu cted a qualification-based se lection process to obtain multiple professional environmental plan ning and compliance consultants to be contracted on an on-call basis for services, as defined by this Agreement, that are to be awarded Task Order work on a competitive basis per the selection criteria defined herein and solicited to the contracted Consultants; and
WHEREAS, the Consultant acknowledges t hat 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 inciden tal to, or necessary to perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Perform ance. This Agreement shall be effective from the date first set forth above (Effect ive Date) and shall continue in full force and effect for THREE (3) years, subject to any earlier termination in accordance with this Agreement. The City, in its discretion, may ex tend the Agreement for up to TWO (2) additional one-year terms. The Contract Administrator shall have the authority to execute an extension of 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.” A separate Notice to Proceed will be issued for each of the awarded Task Orders, fo llowing the Consultants successful submission of a Proposal, which shall be awarded based on the competitive criteria defined herein. City may, at its discretion, issue concu rrent Notices to Proceed, allowing Consultant to perform concurr ent Task Orders. By entry into this
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Agreement and upon City’s is suance of a written "N otice to Proceed," City contracts for the services in the specific Task Order. Consultant shall not perform any other Task Order work of the Agr eement, and this Agreement shall not be a contract for any other Task Order, until further performance is authorized by City’s issuance of a written “Notice to Proceed.” It shall, how ever, remain Consultant’s offer to perform all services described here in. In the event Consultant performs services without City’s prior written authorization, Consultant will not be entitled to compensation for such services. Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within the agreed upon duration for each individual Task Order from such authorization to proceed.
3. Compensation.
(a) The Consultant will be reimbursed for hours worked at the hourly rates specified in the Consultant’s appr oved Cost Proposal as described in Exhibit A, Schedule of Fees. The specified hourly rates shall include direct salary costs, employee benefits, prev ailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Agreement. The Consultant will be reimbursed within thirty days upon receipt by the City’s C ontract Administrator of itemized invoices in duplicate.
(b) In addition, the Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal of the authorized Task Order.
(c) Specific projects will be awarded to the Consultant through issuance of Task Orders.
(d) After a project to be performed under this Agreement is identified by the City, the City will prepare a Miniature Request for Proposal (Mini-RFP) for the specific Task Order. A Mini-RFP wi ll identify the scope of services, expected results, project deliverables and will designate a City Coordinator.
The Mini-RFP will be solicited to the contracted Consultant’s for review.
Evaluation criteria will be included in each solicitation. The Mini-RFP will contain evaluation criteria that will ident ify the most qualif ied firm for each task.
The evaluation criteria may include:
o Availability of Personnel,
o Staff Capabilities,
o Completion Schedule,
o Experience of Consultant or Sub-Consultant
o Specialized Expertise
o Past Performance
(e) The Consultant’s shall return a Proposal, excluding cost, and a draft Task Order, per Exhibit E attached hereto, within ten calendar days. (f) Proposals will be evaluated and ranked based on the defined criteria within DPW-S FHWA Eng. On-Call, T&M - Multiple (04-2022)
the Mini-RFP.
(g) Task order cost will be based on wage rate s established in the Consultant’s on-call contract, and the time and deliverable requirements in the task order (h) Upon determination of the succe ssful Proposal, City and selected Consultant will negotiate the Cost Proposal and finalize the Task Order. The finalized Task Order shall be signed by both the City and the selected Consultant. The City has the right to move on to the next most qualified Consultant if Cost Proposal is unagreeable to the City. (i) Reimbursement for transportation and subsistence costs shall not exceed State rates.
(j) Progress payments for each Task Or der will be made monthly in arrears based on services provided and actual costs incurred.
(k) The Consultant shall not commence per formance of work or services until this Agreement has been approved by the City and notification to proceed has been issued by the City’s Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this Agreement.
(l) A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expend itures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City and a written Notice to Proceed is issued. (m) The selected Consultant will be reimbursed within thirty days upon receipt by the City’s Contract Administrator of itemized invoices in duplicate.
Separate invoices itemizi ng all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty calendar days after the performance of work for which the selected Consultant is billing, or upon completi on of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format st ipulated for the approved Cost Proposal and shall reference this Agreement number, project title and Task Order number. Credits due the City that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by the Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to the City’s Contract Administrator at the following address:
Randall Morrison, Assistant Director of Public Works
2600 Fresno Street, Fresno, CA 93721
(n) The period of performance for Task Orders shall be in accordance with dates specified in the
Task Order. No Task Order will be written which
extends beyond the expiration date of this Agreement.
(o) The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
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(p) If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
(q) Task Orders may not be used to amend the language (or the terms) of this Agreement or exceed the scope of work under this Agreement. (r) The total amount pay able by the City for all Task Orders r esulting from under this Agreement shall not ex ceed $4,000,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the Consu
ltant upon the earlier of: (i) the Consultants 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 fisc al year of this Agreement, or insufficient funding for the Program; 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 Agreemen t, 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 terminati on due to failure of the Cons ultant 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 Agreem ent 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 t he breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such terminat ion shall be deemed a termination for
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convenience.
(e) The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s reques t, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant sha ll 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 commenc ement 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. (g) Any notice of termination sent to Cons ultant shall include the reason(s) for such termination or state that it is without cause.
5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or othe r data prepared or assembled by the Consultant pursuant to th is Agreement shall not be made available to any individual or organization by the C onsultant without t he 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, compilati ons, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any ot her medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. i. Permission granted to the Consult ant to disclose information on one occasion shall not authorize the Consultant to further disclose such information or any other information or disseminate the same on any other occasion.
ii. The Consultant shall not comment publicly to the press or any other media regarding the Agreement or the City’s actions on the same, except to the City’s personnel or the Consultant’s personnel involved in the performance of this Agreem ent at public hearings or in response to questions from a Legislative committee.
iii. The Consultant shall not issue any news releases or any public relations item of any nature, wh atsoever, regarding work performed or to be performed under this Agreem ent without prior review of the contents thereof by the City and receipt of the City’s written
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permission.
(b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, comput er disk files, wr itings and other documents prepared or provided by th e Consultant pursuant to this Agreement, in any form whatsoever, are the property of the City at the time of preparation and shall be turned ov er 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 reproduc tion or use thereof by any other person except as otherwise expressl y 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 projects of this Program, or in uncompleted form, without specific written verification by the C onsultant 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.
i. In the event of the copyright of any reports or other products prepared under this Agreement by the Consultant or any subcontractor, the Federal Highway Administration (FHWA) shall have the royalty-free, nonexclusiv e and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes.
(c) If the Consultant should subcontract a ll or any portion of the services to be performed under this Agreement, th e Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expira tion or termination of this Agreement.
6. Professional Skill. It is further mu tually 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 Cons ultant agrees to thus per form 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.
(a) To the furthest extent allowed by law, including California Civil Code section 2782.8, Consultant shall indemnif y, hold harmless and defend City and each of its officers, officials, em ployees, agents and volunteers from any and all loss, liability, fines, penalties , forfeitures, costs and damages
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(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, reckl essness or willful misconduct of Consultant, its principa ls, officers, employees, agents, or volunteers in the performance of this Agreement.
(b) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, C onsultant shall require each subcontractor to indemnify, hold ha rmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
(c) This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amount s stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insu reds, shall be the greater of the minimum limits specified therein or t he 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 effec t, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain t he required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has comm enced 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
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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 indem nification 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, invi tees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract a ll or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to prov ide 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 Cons ultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional 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 informa tion provided by the Consultant in such statement.
(b) The Consultant shall comply, and r equire its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conf licts; and (ii) federal, state and local conflict of interest laws and regulatio ns including, without limitation, 23 U.S.C. § 112, FHWA regulations applicable to design and engineering consulting contracts found at 23 C.F.R. 172.1 et seq ., 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 t hat 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
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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 servic es 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 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, lawful or unlawful, contingent or otherwise, direct or indirect, to any party to solicit or procure this Agreement or any rights/benefits hereunder. The City shall have the right, in its discretion, to deduct from any payment to the Cons ultant under this Agreement, or otherwise recover the full amount o f, any rebate, kickback or other consideration paid by the Consultant in violation of any representation or warranty under this section.
(e) Neither the Consultant, nor any firm affiliated with the Consultant, nor any of the Consultant’s s ubcontractors performing any services on a Task Order, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with a Task Order, with the exception of any subcontractor whos e services are limited to providing surveying or materials testing information. The Consultant and any of its subcontractors s hall have no interest, direct or indirect, in any other contract with a third party in connection with a Task Order unless such interest is in accordance with all appl icable law and fully disclosed to and approved by the City Manager, in advance and in writing. An affiliated firm is one which is subject to the control of the same person(s) through joint- ownership or otherwise.
(f) The Consultant shall disclose any fi nancial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement or any ensuing the City construction pr oject. The Consultant shall also disclose any current clients who may have a financial interest in the outcome of this Agreement or any ens uing the City construction project, which will follow.
(g) The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business inte rest that would conflict with the performance of services under this Agreement.
(h) 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.
(i) This Section 9 shall survive expira tion or termination of this Agreement.
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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 Consult ant at its sole cost and expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Soli d Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free wast e audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrat e to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof.
11. General Terms, Federal and Stat e Assurances and Requirements. (a) Except as otherwise provided by law, all notices expre ssly required of the City within the body of this Agreem ent, and not otherwis e specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to this Agreement shall be kept on a generally recognized account ing basis. The Consultant and its subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. The Consultant and its subcontractors shall make such materials available at their respective offices at all reas onable times during the period of this Agreement and for three year s, or longer if required by law, from the date of final payment under the Agreement. City, the State, the State Auditor, FHWA or any duly authorized representative of the federal government shall have access to any books, records, papers, accounting records and other documents of the Consultant and its subcontractors that are pertinent to the Agreement for audit, examinations, e xcerpts, and transcriptions. Copies thereof shall be furnished by the Consult ant, if requested. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of the three-y ear time period, all records shall be retained and made available until such action is reso lved, 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 subcont ractor to also comply with the requirements of this section and in t he event a subcontract is entered into for an amount in excess of $25,000, the subcontract shall include this paragraph in its entirety. This Section 11(b) shall survive expiration or termination of this Agreement.
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(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.
(d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of Amy Fischer, Principal, and he/she shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director.
(e) The City will carry out applicable federal requirements in the administration of this Agreement. Notwithstanding Section 25 herein, the Consultant agrees to comply with all applicabl e federal and state assurances and requirements identified in Exhibit D along with its Appendix A and require that each subcontract include the sa me assurances by each of its subcontractors.
12. Nondiscrimination. To the extent r equired by controlling federal, state and local law, the Consultant shall not employ discr iminatory 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 veter an of the Vietnam era. Su bject 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 disa bility, 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 pos sible 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 or ientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees ar e treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medica l 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 limit ed to, the following: employment,
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upgrading, demotion or transfer; recrui tment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprent iceship. 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 solicitat ions or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive cons ideration 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 bargaini ng agreement or ot her contract or understanding, a notice advising su ch 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 a ll 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 prov ided 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 supervi se 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 perfo rming 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 wri tten 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 s hall have absolutely no right to employment rights and benefits available to th e 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.
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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 terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsim ile followed by telephone confirmation of receipt, or sent by United States registered or certifi ed 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 fr om 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, onc e this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.
16. Assignment.
(a) This Agreement is personal to t he Consultant and there shall be no assignment by the Consultant of it s rights or obligations under this Agreement without the pr ior 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 t he services required under this Agreement, the Consultant shall at all times comply with all applic able laws of the United States, the State of California and t he City, and with all applicable regulations promulgated by federal, st ate, 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 FHWA Eng. On-Call, T&M - Multiple (04-2022)
18. Waiver. The waiver by eit her 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 Calif ornia, 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 provisi ons of this Agreement are seve rable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowledge t hat this Agreement in its final form is the result of the combined efforts of the parti es and that, should any provision of this Agreement be found to be ambi guous 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 conf lict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
26. Cumulative Remedies. No rem edy 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 in tended 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
DPW-S FHWA Eng. On-Call, T&M - Multiple (04-2022)
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 negotiati ons, 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. RFQ Document. Any Request for Qualif ications and documents issued therewith (collectively RFQ) by the City that resulted in selection of the Consultant for entry into this Agreement are hereby incor porated into and made a part of this Agreement. In the event of a conflic t between the RFQ and this Agreement (including any Exhibit hereto), this Agreem ent (including any exhibit hereto) shall take precedence.
30. Disadvantaged Business Enterprise (DBE) Participation. This AGREEMENT is subject to 49 CFR Part 26 entitled “P articipation by Disadvantaged Business Enterprises in Department of Transpor tation Financial Assistance Programs”.
Consultants who enter into a federa lly-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
The goal for DBE participation for this AGREEMENT is zero percent (0%).
Participation by DBE Consul tant or subconsultants s hall be in accordance with information contained in the Consultant’s Exhibit 10-O2: Consultant Contract DBE Commitment.
The Consultant shall comply with Title 49 of the Code of Federal Regulations (CFR), Part 26.37(c). To comply with 49 CFR 26.37(c), the Consultant must complete the Exhibit 9-F: Disadvantaged Business Enterprise (DBE) Running Tally of Payments from the execution of the contract until all DBE sub consulting activity on the entire project is completed. Afte r submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the Consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy also sent to the City of Fresno at [email protected].
31. 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 FHWA Eng. On-Call, T&M - Multiple (04-2022)
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
B y :
Randall Morrison,
Assistant Director
Public Works Department
ATTEST:
TODD STERMER, CMC
City Clerk
B y
:
Deputy
No signature of City Attorney required.
Standard Document DPW-S FHWA
Engineering On-Call, T&M – Multiple
(04-2022) has been used without
modification, as certified by the
undersigned.
B y :
Randall Morrison, Assistant Director
Public Works Department
REVIEWED BY:
B y :
Jesus Avitia, Deputy City Engineer
Public Works Department
Addresses:
City:
City of Fresno
Attention: Randall Morrison,Assistant
Director
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8703
E-mail: [email protected]
LSA ASSOCIATES, INC.,
a California Corporation
B y :
N a m e :
T i t l e
:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
B y :
N a m e :
T i t l e
:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
N u m b e r :
N a m e :
Date of Issuance:
Consultant:
LSA Associates, Inc.
Attention: Kyle Simpson,
Contract Manager
2565 Alluvial Avenue, Suite 172
Clov
is, CA 93611
Phone: (559) 490-1212
E-mail: [email protected]
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
Anthony Petros
President
Justin Cary
CFO
DPW-S FHWA Eng. On-Call, T&M - Multiple (04-2022)
3. Exhibit C - Conflict of Interest Disclosure Form
4. Exhibit D - Federal and State Assurances
5. Appendix A to Exhibit D
6. Exhibit E - Task Order Form
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 1 of 15
EXHIBIT A
SCOPE OF SERVICES
Consultant Services Agreement between City of Fresno (City) and LSA Associates, Inc. (Consultant)
Public Works Capital Improvement Program (Program)
Services will be on an on-call basis and will include but are not limited to providing all necessary environmental planning, engineering and inspection services necessary to deliver projects within the Public Works Capital Program. The City’s Capital Program includes a variety of funding sources, which includes federal funding and therefore NEPA clearance is often required on Projects. Regardless which agency is the lead agency on a particular project, t he City desires on-call assistance to complete environmental assessments and analysis, to prepare environmental documents and notices, complete technical studies, and provide mitigation monitoring and inspection. In general:
The Consultant shall provide the services necessary to complete the following:
Environmental Documents and Determinations
• Environmental Assessment
• Preliminary Environmental Study (P.E.S.)
• Preliminary Environmental A nalysis Report (P.E.A.R.) • Categorical Exemption Determination
• Categorical Exclusion Checklist
• Categorical Exclusion Determination
• Initial Study/Environment al Assessment (IS/EA)
• Environmental Impact Report (EIR)
• Environmental Impact Statement (EIS)
• Finding of No Signif icant Impact (FONSI)
• Section 4(f) Evaluation and Consultation
• EIR Certification Form
• CEQA Checklist
• Negative Declaration (ND)
• Mitigated Negative Declaration (MND)
• Statement of Overriding Considerations Form
• Environmental Findings
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 2 of 15
• Environmental Commitment Record (ECR)
Environmental Notices
• Notice of Intent to Adopt
• Notice of Exemption (NOE)
• Notice of Completion (NOC)
• Notice of Preparation (NOP)
• Notice of Determination (NOD)
• Notice of Availability
• Notice of Statute of Limitations on Claims
Technical Studies
Aesthetics
• Shadow Analysis
• Visual Simulations
• Photometric Lighting Analysis
• Visual Impact Assessment (V.I.A.) (NEPA) (*Must be Completed by Licensed Landscape Architect)
Air Quality
• Air Quality Impact Analysis
• Health Risk Assessment
• Indirect Source Review Application Preparation
• Odor Impact Assessment
• Air Quality Conformity Analysis
Biological Resources
• Biology Study
• Biological Resources Technical Memo
• Wetland Delineation Plan
• Natural Environmental Study (NES) (NESMI)
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 3 of 15
• Biological Assessment (BA)
• USFWS Biological As sessment Checklist
• NMFS Biological Assessment Checklist
• Procurement of Mitigation Credits
• Biological Site Survey
• Biological Construction Training
• Biological Construction Monitoring
• Habitat Restoration and Revegetation Plan
• FAA Determination
• Water way permitting (Section 401, 404 & 1602 Permits)
Cultural Resources
• CHRIS Records Search
• Historic Resources Evaluation
• Historic Resources Evaluation Report (HRER)
• Historic Property Survey Report (HPSR)
• Area of Potential Effects (APE Map)
• Supplemental HPSR form
• Section 106 Evaluation and Consultation
• Section 4(F) Evaluation and Consultation
• Historical Resources Compliance Report (HRCR) form
• Supplemental HRCR form
• Sacred Lands File-Native American Contact Form
• Tribal Consultation
• DPR 523 Forms
• Archeological Survey Report (ASR)
• Archeological Mitigation and Monitoring Report
• Archeological Monitoring
• Archeological Construction Training
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 4 of 15
Geology and Soils
• Geotechnical Report
• Paleontological Report
• Paleontological Mitigation and Monitoring Report
• Paleontological Monitoring
• Paleontological Construction Training
Hazards and Hazardous Materials
• Phase I Environmental Site Assessm ent (Initial Site Assessment (ISA)) • Phase II Environmental Site Assessment (ESA)
• Preliminary Site Investigation (PSI) or Detailed Site Investigation (DSI) • Asbestos Testing and Mitigation Plan
• Lead Testing and Mitigation Plan
• Contaminated soil testing and monitoring
Hydrology and Water Quality
• Flood Plain Analysis
• Floodplain Encroachment Report
• Hydrologic/Hydraulic Study Report
• Water Quality Assessment Report
• Water Quality Scoping Questionnaire
• Storm Water Management Report
• Summary Floodplain Encroac hment Report (S.F.E.R.)
• Caltrans Location Hydraulic Study (L.H.S.)
Noise
• Noise Study and Report
• Noise Abatement Decision Report (NADR)
• Noise and Vibration Mitigati on and Monitoring Plan (NVMMP) • Noise and Vibration Monitoring
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 5 of 15
Transportation
•
Traffic Impact Study
• Traffic Technical Memo
• Carbon Monoxide Hotspot Analysis
• VMT Analysis
Utilities and Service Systems
• Water Supply Assessment
Community
• Land Use and Community Impact Assessment Report
• Land Evaluation and Site Assessment (LESA)
• Hold and Facilitate Community Meetings
• Relocation Impacts Report
Energy Analysis
• CEQA Guidelines Appendix F Analysis
• CEQA Guidelines Appendix G Analysis
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 6 of 15
SCHEDULE OF FEES
Consultant/Subconsultant
Name/Job Title/Classification
Hourly Billing Rates Effective date of hourly rate
Straight OT(1.5x) OT(2x) From To
LSA Associates, Inc.
Amy Fischer $353.20 N/C N/C 6/1/2022 5/31/2023
Principal In Charge $370.86 N/C N/C 6/1/2023 5/31/2024
$389.40 N/C N/C 6/1/2024 5/31/2025
Kyle Simpson $212.02 N/C N/C 6/1/2022 5/31/2023
Project Manager $222.62 N/C N/C 6/1/2023 5/31/2024
$233.75 N/C N/C 6/1/2024 5/31/2025
Amanda Durgen $195.03 N/C N/C 6/1/2022 5/31/2023
Associate Planner $204.78 N/C N/C 6/1/2023 5/31/2024
$215.02 N/C N/C 6/1/2024 5/31/2025
Edward Heming $191.87 N/C N/C 6/1/2022 5/31/2023
Associate Planner $201.47 N/C N/C 6/1/2023 5/31/2024
$211.54 N/C N/C 6/1/2024 5/31/2025
Cara Carlucci $171.32 N/C N/C 6/1/2022 5/31/2023
Senior Planner $179.88 N/C N/C 6/1/2023 5/31/2024
$188.88 N/C N/C 6/1/2024 5/31/2025
JT Stephens $216.07 N/C N/C 6/1/2022 5/31/2023
Principal Noise Specialist $226.88 N/C N/C 6/1/2023 5/31/2024 $238.22 N/C N/C 6/1/2024 5/31/2025
Bo Gould $199.31 N/C N/C 6/1/2022 5/31/2023
Principal Biologist $209.28 N/C N/C 6/1/2023 5/31/2024 $219.74 N/C N/C 6/1/2024 5/31/2025
Michael Trueblood $152.27 N/C N/C 6/1/2022 5/31/2023
Associate Biologist $159.88 N/C N/C 6/1/2023 5/31/2024 $167.87 N/C N/C 6/1/2024 5/31/2025
Kelly McDonald $122.32 N/C N/C 6/1/2022 5/31/2023
Biologist $128.43 N/C N/C 6/1/2023 5/31/2024
$134.85 N/C N/C 6/1/2024 5/31/2025
Ryan Bensley $277.03 N/C N/C 6/1/2022 5/31/2023
Associate Planner $290.88 N/C N/C 6/1/2023 5/31/2024
$305.42 N/C N/C 6/1/2024 5/31/2025
Kerrie Collison $157.87 N/C N/C 6/1/2022 5/31/2023
Associate Archaeologist $165.76 N/C N/C 6/1/2023 5/31/2024 $174.05 N/C N/C 6/1/2024 5/31/2025
Principal $363.98 N/C N/C 6/1/2022 5/31/2023
$382.18 N/C N/C 6/1/2023 5/31/2024
$401.29 N/C N/C 6/1/2024 5/31/2025
Associate $198.43 N/C N/C 6/1/2022 5/31/2023
$208.35 N/C N/C 6/1/2023 5/31/2024
$218.77 N/C N/C 6/1/2024 5/31/2025
Senior Technical Specialist $173.71 N/C N/C 6/1/2022 5/31/2023 $182.39 N/C N/C 6/1/2023 5/31/2024
$191.51 N/C N/C 6/1/2024 5/31/2025
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 7 of 15
Technical Specialist $169.10 N/C N/C 6/1/2022 5/31/2023 $177.56 N/C N/C 6/1/2023 5/31/2024
$186.43 N/C N/C 6/1/2024 5/31/2025
GIS/Graphics $177.33 N/C N/C 6/1/2022 5/31/2023
$186.20 N/C N/C 6/1/2023 5/31/2024
$195.51 N/C N/C 6/1/2024 5/31/2025
Office Assistant $101.22 N/C N/C 6/1/2022 5/31/2023
$106.28 N/C N/C 6/1/2023 5/31/2024
$111.59 N/C N/C 6/1/2024 5/31/2025
Asst. Technical Specialist $103.72 N/C N/C 6/1/2022 5/31/2023 $108.90 N/C N/C 6/1/2023 5/31/2024
$114.35 N/C N/C 6/1/2024 5/31/2025
Project Assistant $115.46 N/C N/C 6/1/2022 5/31/2023
$121.23 N/C N/C 6/1/2023 5/31/2024
$127.29 N/C N/C 6/1/2024 5/31/2025
Word Processor/Admin $117.79 N/C N/C 6/1/2022 5/31/2023 $123.68 N/C N/C 6/1/2023 5/31/2024
$129.86 N/C N/C 6/1/2024 5/31/2025
Field Crew $87.29 N/C N/C 6/1/2022 5/31/2023
$91.66 N/C N/C 6/1/2023 5/31/2024
$96.24 N/C N/C 6/1/2024 5/31/2025
Watearth
Jennifer J. Walker $344.42 N/C N/C 1/1/2023 12/31/2023
Principal Engineer $361.42 N/C N/C 1/1/2024 12/31/2024
$379.50 N/C N/C 1/1/2025 12/31/2025
Kimberly Fuchs $169.55 N/C N/C 1/1/2023 12/31/2023
Sr. Environmental Scientist $178.05 N/C N/C 1/1/2024 12/31/2024 $186.94 N/C N/C 1/1/2025 12/31/2025
$278.82 N/C N/C 1/1/2023 12/31/2023
Managing Engineer $292.77 N/C N/C 1/1/2024 12/31/2024
$307.40 N/C N/C 1/1/2025 12/31/2025
$223.77 N/C N/C 1/1/2023 12/31/2023
Sr. Engineer $234.96 N/C N/C 1/1/2024 12/31/2024
$246.70 N/C N/C 1/1/2025 12/31/2025
$154.92 N/C N/C 1/1/2023 12/31/2023
Engineer $162.97 N/C N/C 1/1/2024 12/31/2024
$170.79 N/C N/C 1/1/2025 12/31/2025
$146.31 N/C N/C 1/1/2023 12/31/2023
Environmental Scientist $153.62 N/C N/C 1/1/2024 12/31/2024 $161.31 N/C N/C 1/1/2025 12/31/2025
$169.55 N/C N/C 1/1/2023 12/31/2023
Sr. Hydrologist $178.05 N/C N/C 1/1/2024 12/31/2024
$186.94 N/C N/C 1/1/2025 12/31/2025
$146.31 N/C N/C 1/1/2023 12/31/2023
Hydrologist $153.62 N/C N/C 1/1/2024 12/31/2024
$161.31 N/C N/C 1/1/2025 12/31/2025
$146.31 N/C N/C 1/1/2023 12/31/2023
Sr. GIS $153.62 N/C N/C 1/1/2024 12/31/2024
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 8 of 15
$161.31 N/C N/C 1/1/2025 12/31/2025
$132.54 N/C N/C 1/1/2023 12/31/2023
GIS $139.18 N/C N/C 1/1/2024 12/31/2024
$146.15 N/C N/C 1/1/2025 12/31/2025
$137.72 N/C N/C 1/1/2023 12/31/2023
Project Coordinato r $144.60 N/C N/C 1/1/2024 12/31/2024 $151.82 N/C N/C 1/1/2025 12/31/2025
$158.36 N/C N/C 1/1/2023 12/31/2023
Technical Edito r $166.27 N/C N/C 1/1/2024 12/31/2024
$174.57 N/C N/C 1/1/2025 12/31/2025
Mark Thomas
$414.74 N/C N/C 7/1/2022 6/30/2023
Principal $435.48 N/C N/C 7/1/2023 6/30/2024
$457.26 N/C N/C 7/1/2024 6/30/2025
$480.12 N/C N/C 7/1/2025 6/30/2026
$348.59 N/C N/C 7/1/2022 6/30/2023
Sr. Engineering Manager $366.02 N/C N/C 7/1/2023 6/30/2024 $384.33 N/C N/C 7/1/2024 6/30/2025
$403.54 N/C N/C 7/1/2025 6/30/2026
$301.34 N/C N/C 7/1/2022 6/30/2023
Engineering Manager $316.40 N/C N/C 7/1/2023 6/30/2024
$332.22 N/C N/C 7/1/2024 6/30/2025
$348.83 N/C N/C 7/1/2025 6/30/2026
$301.34 N/C N/C 7/1/2022 6/30/2023
Practice Area Leader $316.40 N/C N/C 7/1/2023 6/30/2024 $332.22 N/C N/C 7/1/2024 6/30/2025
$348.83 N/C N/C 7/1/2025 6/30/2026
$250.94 N/C N/C 7/1/2022 6/30/2023
Sr. Project Manager $263.49 N/C N/C 7/1/2023 6/30/2024
$276.66 N/C N/C 7/1/2024 6/30/2025
$290.49 N/C N/C 7/1/2025 6/30/2026
$245.71 N/C N/C 7/1/2022 6/30/2023
Sr. Technical Lead $257.99 N/C N/C 7/1/2023 6/30/2024
$270.89 N/C N/C 7/1/2024 6/30/2025
$284.44 N/C N/C 7/1/2025 6/30/2026
$204.76 N/C N/C 7/1/2022 6/30/2023
Project Manage r $214.99 N/C N/C 7/1/2023 6/30/2024
$225.74 N/C N/C 7/1/2024 6/30/2025
$237.03 N/C N/C 7/1/2025 6/30/2026
$204.76 N/C N/C 7/1/2022 6/30/2023
Technical Lead $214.99 N/C N/C 7/1/2023 6/30/2024
$225.74 N/C N/C 7/1/2024 6/30/2025
$237.03 N/C N/C 7/1/2025 6/30/2026
$176.39 N/C N/C 7/1/2022 6/30/2023
Sr. Project Enginee r $185.21 N/C N/C 7/1/2023 6/30/2024 $194.47 N/C N/C 7/1/2024 6/30/2025
$204.19 N/C N/C 7/1/2025 6/30/2026
$176.39 N/C N/C 7/1/2022 6/30/2023
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 9 of 15
Sr. Technical Enginee r $185.21 N/C N/C 7/1/2023 6/30/2024 $194.47 N/C N/C 7/1/2024 6/30/2025
$204.19 N/C N/C 7/1/2025 6/30/2026
$154.36 N/C N/C 7/1/2022 6/30/2023
Project Enginee r $162.08 N/C N/C 7/1/2023 6/30/2024
$170.18 N/C N/C 7/1/2024 6/30/2025
$178.69 N/C N/C 7/1/2025 6/30/2026
$134.39 N/C N/C 7/1/2022 6/30/2023
Design Engineer II $141.11 N/C N/C 7/1/2023 6/30/2024
$148.17 N/C N/C 7/1/2024 6/30/2025
$155.58 N/C N/C 7/1/2025 6/30/2026
$110.24 N/C N/C 7/1/2022 6/30/2023
Design Engineer I $115.75 N/C N/C 7/1/2023 6/30/2024
$121.54 N/C N/C 7/1/2024 6/30/2025
$127.62 N/C N/C 7/1/2025 6/30/2026
$111.29 N/C N/C 7/1/2022 6/30/2023
Planner II $116.85 N/C N/C 7/1/2023 6/30/2024
$122.69 N/C N/C 7/1/2024 6/30/2025
$128.83 N/C N/C 7/1/2025 6/30/2026
$89.26 N/C N/C 7/1/2022 6/30/2023
Planner I $93.72 N/C N/C 7/1/2023 6/30/2024
$98.40 N/C N/C 7/1/2024 6/30/2025
$103.32 N/C N/C 7/1/2025 6/30/2026
$136.51 N/C N/C 7/1/2022 6/30/2023
Sr. Technician $143.34 N/C N/C 7/1/2023 6/30/2024
$150.51 N/C N/C 7/1/2024 6/30/2025
$158.03 N/C N/C 7/1/2025 6/30/2026
$92.39 N/C N/C 7/1/2022 6/30/2023
Technician $97.01 N/C N/C 7/1/2023 6/30/2024
$101.87 N/C N/C 7/1/2024 6/30/2025
$106.96 N/C N/C 7/1/2025 6/30/2026
$63.01 N/C N/C 7/1/2022 6/30/2023
Intern $66.16 N/C N/C 7/1/2023 6/30/2024
$69.47 N/C N/C 7/1/2024 6/30/2025
$72.94 N/C N/C 7/1/2025 6/30/2026
$309.74 N/C N/C 7/1/2022 6/30/2023
Survey Division Manage r $325.22 N/C N/C 7/1/2023 6/30/2024 $341.48 N/C N/C 7/1/2024 6/30/2025
$358.56 N/C N/C 7/1/2025 6/30/2026
$234.14 N/C N/C 7/1/2022 6/30/2023
Sr. Survey Manage r $245.85 N/C N/C 7/1/2023 6/30/2024
$258.14 N/C N/C 7/1/2024 6/30/2025
$271.05 N/C N/C 7/1/2025 6/30/2026
$208.94 N/C N/C 7/1/2022 6/30/2023
Survey Manage r $219.39 N/C N/C 7/1/2023 6/30/2024
$230.36 N/C N/C 7/1/2024 6/30/2025
$241.88 N/C N/C 7/1/2025 6/30/2026
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 10 of 15
$185.84 N/C N/C 7/1/2022 6/30/2023
Sr. Project Surveyo r $195.13 N/C N/C 7/1/2023 6/30/2024 $204.88 N/C N/C 7/1/2024 6/30/2025
$215.13 N/C N/C 7/1/2025 6/30/2026
$170.11 N/C N/C 7/1/2022 6/30/2023
Project Surveyo r $178.62 N/C N/C 7/1/2023 6/30/2024
$187.55 N/C N/C 7/1/2024 6/30/2025
$196.93 N/C N/C 7/1/2025 6/30/2026
$145.96 N/C N/C 7/1/2022 6/30/2023
Sr. Surveyo r $153.26 N/C N/C 7/1/2023 6/30/2024
$160.92 N/C N/C 7/1/2024 6/30/2025
$168.97 N/C N/C 7/1/2025 6/30/2026
$124.95 N/C N/C 7/1/2022 6/30/2023
Surveyo r $131.19 N/C N/C 7/1/2023 6/30/2024
$137.75 N/C N/C 7/1/2024 6/30/2025
$144.64 N/C N/C 7/1/2025 6/30/2026
$154.36 N/C N/C 7/1/2022 6/30/2023
Lead Survey Technician $162.08 N/C N/C 7/1/2023 6/30/2024 $170.18 N/C N/C 7/1/2024 6/30/2025
$178.69 N/C N/C 7/1/2025 6/30/2026
$123.90 N/C N/C 7/1/2022 6/30/2023
Sr. Survey Technician $130.10 N/C N/C 7/1/2023 6/30/2024 $136.80 N/C N/C 7/1/2024 6/30/2025
$143.43 N/C N/C 7/1/2025 6/30/2026
$94.49 N/C N/C 7/1/2022 6/30/2023
Survey Technician $99.21 N/C N/C 7/1/2023 6/30/2024
$104.17 N/C N/C 7/1/2024 6/30/2025
$109.38 N/C N/C 7/1/2025 6/30/2026
$77.69 N/C N/C 7/1/2022 6/30/2023
Survey Intern $81.57 N/C N/C 7/1/2023 6/30/2024
$85.65 N/C N/C 7/1/2024 6/30/2025
$89.93 N/C N/C 7/1/2025 6/30/2026
$169.04 $253.55 - 7/1/2022 6/30/2023
Single Chief* $177.49 $266.23 - 7/1/2023 6/30/2024
$186.36 $279.54 - 7/1/2024 6/30/2025
$195.68 $293.52 - 7/1/2025 6/30/2026
$154.36 $231.54 - 7/1/2022 6/30/2023
Single Instrumentman* $162.08 $243.12 - 7/1/2023 6/30/2024 $170.18 $255.27 - 7/1/2024 6/30/2025
$178.69 $268.04 - 7/1/2025 6/30/2026
$154.36 $231.54 - 7/1/2022 6/30/2023
Single Chainman* $162.08 $243.12 - 7/1/2023 6/30/2024
$170.18 $255.27 - 7/1/2024 6/30/2025
$178.69 $268.04 - 7/1/2025 6/30/2026
$101.84 $152.76 - 7/1/2022 6/30/2023
Apprentice* $106.93 $160.40 - 7/1/2023 6/30/2024
$112.28 $168.42 - 7/1/2024 6/30/2025
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 11 of 15
$117.89 $176.84 - 7/1/2025 6/30/2026
$169.04 $253.55 - 7/1/2022 6/30/2023
1 Person Field Crew* $177.49 $266.23 - 7/1/2023 6/30/2024 $186.36 $279.54 - 7/1/2024 6/30/2025
$195.68 $293.52 - 7/1/2025 6/30/2026
$309.74 $464.60 - 7/1/2022 6/30/2023
2 Person Field Crew* $325.22 $487.83 - 7/1/2023 6/30/2024 $34148 $512.23 - 7/1/2024 6/30/2025
$358.56 $537.84 - 7/1/2025 6/30/2026
$414.74 $622.12 - 7/1/2022 6/30/2023
3 Person Field Crew* $435.48 $653.22 - 7/1/2023 6/30/2024 $457.26 $685.88 - 7/1/2024 6/30/2025
$480.12 $720.18 - 7/1/2025 6/30/2026
*(Prevailing wage is based on our union contract which sets the wage. For proposal purposes, we have estimated escalation date and rate) $263.55 N/C N/C 7/1/2022 6/30/2023
Sr. LAUD Division Manage r $276.73 N/C N/C 7/1/2023 6/30/2024 $290.57 N/C N/C 7/1/2024 6/30/2025
$305.10 N/C N/C 7/1/2025 6/30/2026
$242.54 N/C N/C 7/1/2022 6/30/2023
LAUD Division Manage r $254.67 N/C N/C 7/1/2023 6/30/2024 $267.40 N/C N/C 7/1/2024 6/30/2025
$280.77 N/C N/C 7/1/2025 6/30/2026
$228.91 N/C N/C 7/1/2022 6/30/2023
Sr. LAUD Project Manage r $240.35 N/C N/C 7/1/2023 6/30/2024 $252.37 N/C N/C 7/1/2024 6/30/2025
$264.99 N/C N/C 7/1/2025 6/30/2026
$198.45 N/C N/C 7/1/2022 6/30/2023
LAUD Project Manage r $208.37 N/C N/C 7/1/2023 6/30/2024 $218.79 N/C N/C 7/1/2024 6/30/2025
$229.73 N/C N/C 7/1/2025 6/30/2026
$139.65 N/C N/C 7/1/2022 6/30/2023
Landscape Architect $146.64 N/C N/C 7/1/2023 6/30/2024
$153.97 N/C N/C 7/1/2024 6/30/2025
$161.67 N/C N/C 7/1/2025 6/30/2026
$111.29 N/C N/C 7/1/2022 6/30/2023
Landscape Designer II $116.85 N/C N/C 7/1/2023 6/30/2024 $122.69 N/C N/C 7/1/2024 6/30/2025
$128.83 N/C N/C 7/1/2025 6/30/2026
$89.26 N/C N/C 7/1/2022 6/30/2023
Landscape Designer I $93.72 N/C N/C 7/1/2023 6/30/2024
$98.40 N/C N/C 7/1/2024 6/30/2025
$103.32 N/C N/C 7/1/2025 6/30/2026
$61.94 N/C N/C 7/1/2022 6/30/2023
Landscape Intern $65.03 N/C N/C 7/1/2023 6/30/2024
$68.28 N/C N/C 7/1/2024 6/30/2025
$71.70 N/C N/C 7/1/2025 6/30/2026
$312.90 N/C N/C 7/1/2022 6/30/2023
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 12 of 15
District Manage r-Engineer $328.55 N/C N/C 7/1/2023 6/30/2024 $344.98 N/C N/C 7/1/2024 6/30/2025
$362.23 N/C N/C 7/1/2025 6/30/2026
$287.71 N/C N/C 7/1/2022 6/30/2023
Deputy District Manage r $302.09 N/C N/C 7/1/2023 6/30/2024 $317.20 N/C N/C 7/1/2024 6/30/2025
$333.06 N/C N/C 7/1/2025 6/30/2026
$250.94 N/C N/C 7/1/2022 6/30/2023
Operations Manage r $263.49 N/C N/C 7/1/2023 6/30/2024
$276.66 N/C N/C 7/1/2024 6/30/2025
$290.49 N/C N/C 7/1/2025 6/30/2026
$222.60 N/C N/C 7/1/2022 6/30/2023
Sr. Sanitary Project Enginee r $233.72 N/C N/C 7/1/2023 6/30/2024 $245.42 N/C N/C 7/1/2024 6/30/2025
$257.69 N/C N/C 7/1/2025 6/30/2026
$199.50 N/C N/C 7/1/2022 6/30/2023
Sanitary Project Enginee r $209.47 N/C N/C 7/1/2023 6/30/2024 $219.94 N/C N/C 7/1/2024 6/30/2025
$230.94 N/C N/C 7/1/2025 6/30/2026
$169.04 N/C N/C 7/1/2022 6/30/2023
Associate Sanitary Engineer $177.49 N/C N/C 7/1/2023 6/30/2024 $186.36 N/C N/C 7/1/2024 6/30/2025
$195.68 N/C N/C 7/1/2025 6/30/2026
$147.01 N/C N/C 7/1/2022 6/30/2023
Assistant Sanitary Engineer $154.36 N/C N/C 7/1/2023 6/30/2024 $162.07 N/C N/C 7/1/2024 6/30/2025
$170.18 N/C N/C 7/1/2025 6/30/2026
$131.25 N/C N/C 7/1/2022 6/30/2023
Sr. Inspector* $137.82 N/C N/C 7/1/2023 6/30/2024
$144.71 N/C N/C 7/1/2024 6/30/2025
$151.94 N/C N/C 7/1/2025 6/30/2026
$108.15 N/C N/C 7/1/2022 6/30/2023
Inspector* $113.55 N/C N/C 7/1/2023 6/30/2024
$119.23 N/C N/C 7/1/2024 6/30/2025
$125.19 N/C N/C 7/1/2025 6/30/2026
$77.69 N/C N/C 7/1/2022 6/30/2023
Inspector - Apprentice* $81.57 N/C N/C 7/1/2023 6/30/2024 $85.65 N/C N/C 7/1/2024 6/30/2025
$89.93 N/C N/C 7/1/2025 6/30/2026
*(Prevailing wage is based on our union contract which sets the wage. For proposal purposes, we have estimated escalation date and rate) $352.81 N/C N/C 7/1/2022 6/30/2023
Area Manager - CM $370.45 N/C N/C 7/1/2023 6/30/2024
$388.97 N/C N/C 7/1/2024 6/30/2025
$408.42 N/C N/C 7/1/2025 6/30/2026
$294.01 N/C N/C 7/1/2022 6/30/2023
Division Manager - CM $308.71 N/C N/C 7/1/2023 6/30/2024 $324.15 N/C N/C 7/1/2024 6/30/2025
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 13 of 15
$340.36 N/C N/C 7/1/2025 6/30/2026
$263.55 N/C N/C 7/1/2022 6/30/2023
Sr. Project Manager - CM $276.73 N/C N/C 7/1/2023 6/30/2024 $290.57 N/C N/C 7/1/2024 6/30/2025
$305.10 N/C N/C 7/1/2025 6/30/2026
$239.40 N/C N/C 7/1/2022 6/30/2023
Project Manager - CM $251.37 N/C N/C 7/1/2023 6/30/2024 $263.94 N/C N/C 7/1/2024 6/30/2025
$277.14 N/C N/C 7/1/2025 6/30/2026
$235.19 N/C N/C 7/1/2022 6/30/2023
RE/Structural Representative $246.95 N/C N/C 7/1/2023 6/30/2024 $259.29 N/C N/C 7/1/2024 6/30/2025
$272.26 N/C N/C 7/1/2025 6/30/2026
$204.76 N/C N/C 7/1/2022 6/30/2023
Asst. Resident Engineer* $214.99 N/C N/C 7/1/2023 6/30/2024 $225.74 N/C N/C 7/1/2024 6/30/2025
$237.03 N/C N/C 7/1/2025 6/30/2026
$204.76 N/C N/C 7/1/2022 6/30/2023
Inspector - CM* $214.99 N/C N/C 7/1/2023 6/30/2024
$225.74 N/C N/C 7/1/2024 6/30/2025
$237.03 N/C N/C 7/1/2025 6/30/2026
*(Prevailing wage is based on our union contract which sets the wage. For proposal purposes, we have estimated escalation date and rate) $147.01 N/C N/C 7/1/2022 6/30/2023
Office Enginee r $154.36 N/C N/C 7/1/2023 6/30/2024
$162.07 N/C N/C 7/1/2024 6/30/2025
$170.18 N/C N/C 7/1/2025 6/30/2026
$77.69 N/C N/C 7/1/2022 6/30/2023
Office Technician $81.57 N/C N/C 7/1/2023 6/30/2024
$85.65 N/C N/C 7/1/2024 6/30/2025
$89.93 N/C N/C 7/1/2025 6/30/2026
$462.00 N/C N/C 7/1/2022 6/30/2023
Expert Witness $485.10 N/C N/C 7/1/2023 6/30/2024
$509.36 N/C N/C 7/1/2024 6/30/2025
$534.83 N/C N/C 7/1/2025 6/30/2026
$462.00 N/C N/C 7/1/2022 6/30/2023
Strategic Consulting $485.10 N/C N/C 7/1/2023 6/30/2024 $509.36 N/C N/C 7/1/2024 6/30/2025
$534.83 N/C N/C 7/1/2025 6/30/2026
$178.51 N/C N/C 7/1/2022 6/30/2023
Sr. Funding Specialist $187.44 N/C N/C 7/1/2023 6/30/2024 $196.81 N/C N/C 7/1/2024 6/30/2025
$206.65 N/C N/C 7/1/2025 6/30/2026
$147.01 N/C N/C 7/1/2022 6/30/2023
Funding Specialist $154.36 N/C N/C 7/1/2023 6/30/2024
$162.07 N/C N/C 7/1/2024 6/30/2025
$170.18 N/C N/C 7/1/2025 6/30/2026
$173.25 N/C N/C 7/1/2022 6/30/2023
Sr. Project Accountant $181.91 N/C N/C 7/1/2023 6/30/2024 $191.01 N/C N/C 7/1/2024 6/30/2025
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 14 of 15
$200.56 N/C N/C 7/1/2025 6/30/2026
$118.64 N/C N/C 7/1/2022 6/30/2023
Project Accountant $124.57 N/C N/C 7/1/2023 6/30/2024
$130.80 N/C N/C 7/1/2024 6/30/2025
$137.34 N/C N/C 7/1/2025 6/30/2026
$136.51 N/C N/C 7/1/2022 6/30/2023
Sr. Project Coordinato r $143.34 N/C N/C 7/1/2023 6/30/2024 $150.51 N/C N/C 7/1/2024 6/30/2025
$158.03 N/C N/C 7/1/2025 6/30/2026
$108.15 N/C N/C 7/1/2022 6/30/2023
Project Coordinator $113.55 N/C N/C 7/1/2023 6/30/2024
$119.23 N/C N/C 7/1/2024 6/30/2025
$125.19 N/C N/C 7/1/2025 6/30/2026
$107.10 N/C N/C 7/1/2022 6/30/2023
Sr. Project Assistant $112.46 N/C N/C 7/1/2023 6/30/2024 $118.08 N/C N/C 7/1/2024 6/30/2025
$123.98 N/C N/C 7/1/2025 6/30/2026
$80.86 N/C N/C 7/1/2022 6/30/2023
Project Assistant $84.90 N/C N/C 7/1/2023 6/30/2024
$89.14 N/C N/C 7/1/2024 6/30/2025
$93.60 N/C N/C 7/1/2025 6/30/2026
$124.95 N/C N/C 7/1/2022 6/30/2023
Sr. Technical Write r $131.19 N/C N/C 7/1/2023 6/30/2024 $137.75 N/C N/C 7/1/2024 6/30/2025
$144.64 N/C N/C 7/1/2025 6/30/2026
$81.90 N/C N/C 7/1/2022 6/30/2023
Technical Write r $86.00 N/C N/C 7/1/2023 6/30/2024
$90.30 N/C N/C 7/1/2024 6/30/2025
$94.81 N/C N/C 7/1/2025 6/30/2026
$162.76 N/C N/C 7/1/2022 6/30/2023
Sr. Graphic Manage r $170.90 N/C N/C 7/1/2023 6/30/2024 $179.44 N/C N/C 7/1/2024 6/30/2025
$188.41 N/C N/C 7/1/2025 6/30/2026
$140.70 N/C N/C 7/1/2022 6/30/2023
Sr. Graphic Designe r $147.73 N/C N/C 7/1/2023 6/30/2024 $155.12 N/C N/C 7/1/2024 6/30/2025
$162.88 N/C N/C 7/1/2025 6/30/2026
$118.64 N/C N/C 7/1/2022 6/30/2023
Graphic Designe r $124.57 N/C N/C 7/1/2023 6/30/2024
$130.80 N/C N/C 7/1/2024 6/30/2025
$137.34 N/C N/C 7/1/2025 6/30/2026
Krazan & Associates
Jason Paul $174.80 $262.20 $349.60 1/1/2022 12/31/2022
Sr. Geologist
Michael Bowery $174.80 $262.20 $349.60 1/1/2022 12/31/2022 Sr. Geologist
Mark Edwards $140.07 $210.11 $280.15 1/1/2022 12/31/2022 Sr. Hydrogeologist
DPW‐S FHWA Eng. On‐Call T&M – Multiple (04‐2022)
Exhibit A Page 15 of 15
Laurie Blakeman $98.03 $147.05 $196.07 1/1/2022 12/31/2022 Sr. Scientist
Ken Sani $101.97 $152.95 $203.93 1/1/2022 12/31/2022
Project Manage r
Jeff Noel $101.97 $152.95 $203.93 1/1/2022 12/31/2022
Project Manage r
David Nava $64.09 $96.14 $128.19 1/1/2022 12/31/2022
Staff Scientist
Jared Gruszczynski $77.20 $115.81 $154.41 1/1/2022 12/31/2022 Lab
John Jensen $77.20 $115.81 $154.41 1/1/2022 12/31/2022
Lab
MKN Associates
$258.99 $388.49 $517.98 7/1/2022 6/30/2023
Project Manage r $271.94 $407.91 $543.88 7/1/2023 6/30/2024 $285.54 $428.30 $571.07 7/1/2024 6/30/2025
$167.70 $251.55 $335.40 7/1/2022 6/30/2023
Senior Engineer II $176.09 $264.13 $352.17 7/1/2023 6/30/2024 $184.89 $277.33 $369.78 7/1/2024 6/30/2025
$130.43 $195.65 $260.86 7/1/2022 6/30/2023
Senior Designe r $136.95 $205.43 $273.90 7/1/2023 6/30/2024 $143.80 $215.70 $287.60 7/1/2024 6/30/2025
$94.02 $141.03 $188.04 7/1/2022 6/30/2023
Assistant Engineer I $98.71 $148.07 $197.42 7/1/2023 6/30/2024 $103.66 $155.49 $207.32 7/1/2024 6/30/2025
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022) Page 1 of 4
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City) and LSA Associates, Inc. (Consultant)
Public Works Capital Improvement Program (Program)
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insur ance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operati ons. 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, wit hout limitation, indemnit y 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 Stat e of California and Employer’s Liability Insurance.
4. Professional Liabilit y (Errors and Omissions) insurance appropriate to Consultant profession.
MINIMUM LIMITS OF INSURANCE
Consultant, or any party the Consultant subcont racts with, shall maintain limits of liability of not less than those set forth below. Howeve r, insurance limits available to City, its officers, officials, employees, agents and vol unteers as additional in sureds, shall be the greater of the minimum limits s pecified 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 performed under the Agreement.
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022) Page 2 of 4
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii)
$1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii)
$2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance po licy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
Consultant shall be responsible for paym ent of any deductibles contained in any insurance policy(ies) required herein and C onsultant 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 elimin ate such deductibles or self-insured retentions as respects to City, its officers, officials, employees, agents and volunteers; or
(ii) Consultant shall pr ovide a financial guarantee, satisfactory to City’S Risk Manager or designee, guar anteeing payment of losses and related investigations, claim administration and defense expenses.
At no time shall City be res ponsible 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, em ployees, agents and volunteers are to be covered as additional insureds. Consultant shall establish additional insured status for the City for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorseme nt providing additional insured status. The Commercial General endorse ments must be as broad as that contained in ISO Forms: CG 20 10 11 85 or both CG 20 10 & CG 20 37.
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022) Page 3 of 4
2. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, offici als, 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 Ag reement, Consultant 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 offi cers, officials, employees, agents and volunteers shall be excess of Consultant insurance and shall not contribute with it. Consultant shall establish primary and non-contri butory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form:
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 evi dence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs firs t, 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 requi rements must be submitted to City for review.
5. These requirements shall surviv e 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-r enewed, reduced in coverage or in limits except after 30 calendar days written notice by certified mail, return receipt requested, has been given to City. Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon i ssuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in cove rage or in limits, Cons ultant 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 City, Consultant shall provide a new certificate, and applicable endorsements, evi dencing renewal of such DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022) Page 4 of 4 policy not less than 15en calendar days prior to the expiration date of the expiring policy.
Should any of the required po licies provide that the def ense costs are paid within the Limits of Liability, thereby reducing the av ailable 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 Cons ultant shall not be de emed to release or diminish the liability of Consultant, including, without limitat ion, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If Consultant subcontracts any or all of the services to be performed under this Agreement, C onsultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance docum ents for the subcont ractor must be reviewed and preapproved by City Risk Manager or designee. If no Side Agreement is required, Consultant will be solely responsib le for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required her eunder. 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, 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 co rrect copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
DEV-S Three Party Agt FYI (09-2022) 20
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Public Works Capital Improvement Program (Program)
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its agents?
2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
Name
Company
Address
City, State Zip
Additional page(s) attached.
x
x
x
x
x
x
LSA is working on the
following projects: Wilson Premier Homes
Tract 6386 and Tract 6360, Scannel
Properties on Nielsen Avenue, Penny
Newman Grain Company on Annex Cup,
and on the Valley Health Team project.
Mike Trotta, CEO
LSA Associates Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
11/21/2022
Type text here
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022)
Exhibit D
EXHIBIT D
FEDERAL AND STATE ASSURANCES
Consultant Service Agreement between City of Fresno (City) and LSA Associates, Inc. (Consultant)
Public Works Capital Improvement Program (Program)
1. The Consultant shall comp ly with and require its Subcontractors to comply with the following:
a. 23 USC §112 regarding Highways and the letting of contracts to Architects and Engineers;
b. The provisions of t he Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.).
The applicable regulations of t he Fair Employment and Housing Commission implementing Government Code Section 12900(a-f), set forth in Chapter of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Give a written notice of their obligations under this clause to any labor organizations with which they have a collective bargaining or any other agreements as appropriate. I NCLUDE THIS ENTIRE CLAUSE IN ANY AND ALL SUBCONTRACTS.
c. Appendix A attached hereto and incorporated herein.
2. Cost Principles
a. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1 Part 31.000 et seq., shall be used to determine the allowability of cost for individual items. b. The Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. c. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by the Consultant to the City.
3. Subcontracting
a. the Consultant shall perform t he work contemplated with resources available within its own organization; and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the City’s Contract Manager, except that, which is expressly identified in the approved Cost Proposal.
b. Any subcontract in excess of $25, 000 shall contain ALL the provisions stipulated in this Agreement to be applicable to subcontractors. c. Any substitution of subconsultant s/subcontractors must be approved in
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022)
Exhibit D
writing by the City’s Contract Manager.
4. Equipment Purchase
a. Prior authorization in writing, by the City’s Contract Manager shall be required before the Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or the Consultant services. The Consultant shall provide a written request which includes an evaluation of the necessity or desirabi lity of incurring such costs, three competitive quotations obt ained in the manner pr escribed in the City’s Municipal Code Section 4- 101(d) or 4-102 as applicab le or a sole source justification as provided in the City’s Administrative Order No. 3-3. b. Any equipment purchased as a result of this Agreement is subject to the following: the Consultant shall main tain an inventory of all nonexpendable property. Nonexpendable property is defi ned as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the City shall receive a proper refund or credit at the conc lusion of the Agreement, or if the Agreement is terminated, the Consult ant may either keep the equipment and credit the City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established the City pr ocedures; and credit the City in an amount equal to the sales price. If th e Consultant elects to keep the equipment, fair market value shall be determined at the Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to the City and the Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the City. 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market va lue greater than $5,000 is credited to the project.
c. The above provisions shall be include d in all subcontracts in excess of $25,000.
5. PROHIBITION OF EXPENDING City STATE OR FEDERAL FUNDS FOR
LOBBYING
This section only applies to contracts where federal funding will exceed $100,000.
A. The Consultant certifies to the best of his or her knowledge and belief that:
1. No state, federal or City appropriated funds have been paid, or will be paid by-or-on behalf of the Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or feder al contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any c ooperative agreement, and the ex tension, continuation,
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022)
Exhibit D
renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or a ttempting to influence an officer or employee of any federal agen cy; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooper ative agreement; the Consultant shall complete and submit Standard Form-LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions.
B. This certification is a material r epresentation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. An y person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
C. The Consultant also agrees by signing this document that he or she shall require that the language of this ce rtification be included in a ll lower-tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly.
6. NON-DISCRIMINATION CLAUSE
During the performance of this Agreement, the Consultant and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for em ployment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. The Consultant and subcontractors shall insure that the evaluation and treatment of their employees and applic ants for employment are free from such discrimination and harassment. The Consultant and subcontractors shall comply with the provisions of t he Fair Employment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
The Consultant shall include the nondiscrim ination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022) Page 1 of 2 Appendix A to Exhibit D
APPENDIX A TO EXHIBIT D
Consultant Service Agreement between City of Fresno (City) and LSA Associates, Inc. (Consultant)
Public Works Capital Improvement Program (Program)
(1) The Consultant shall comply with the r egulations relative to nondiscrimination in federally assisted programs of the Department of Transpor tation, Title 49, Code of Federal Regulations, Part 21, as t hey may be amended from time to time (REGULATIONS), which are herein incorporat ed by reference and made a part of this Agreement.
(2) The Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin , religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the Agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potentia l sub-applicant or supplier shall be notified by the Consultant of the Consultant’s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) The Consultant shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to the Consultant’s books, records, accounts, other sources of info rmation, and its facilities as may be determined by STATE or Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULAT IONS or directives. Where any information required of the Consultant is in the exclus ive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State of California (STATE) or the FHWA as appropriate, and shall set forth what efforts the Consultant has made to obtain the information.
(5) In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the City under the Agr eement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) The Consultant shall include the provisions of paragraphs (1) through (6) in every sub- agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The Consultant shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforci ng such provisions including sanctions for noncompliance, provided, however, that, in the event the Consultant becomes involved in, or is threatened DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022) Page 2 of 2 Appendix A to Exhibit D
with, litigation with a sub-applicant or supplier as a result of such direction, the Consultant may request STATE enter into su ch litigation to protect the interests of STATE, and, in
addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
(7) The Consultant shall execute the following CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES:
I HEREBY CERTIFY that I am , and duly
authorized representative of the firm of __________ ______________________ whose address is _____________ __________________________________________, and that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, per centage, brokerage, contingent fee, or other consideration, any firm or person (oth er than a bona fide employee working solely for me or the above Consultant) to solicit or secure this Agreement; nor (b) agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement; nor
(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation, or consideration of any kind, for or in co nnection with, procuring or carrying out this Agreement.
I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil.
(Date) (Signature)
Anthony Petros
LSA Associates, Inc.
20 Executive Park,Suite 200 Irvine CA. 92614
November 29, 2022
DPW-S FHWA Eng. On-Call T&M - Multiple (04-2022) Page 1 of 1 Exhibit E
EXHIBIT E
TASK ORDER FORM
Consultant Service Agreement between City of Fresno (City) and LSA Associates, Inc. (Consultant)
Public Works Capital Improvement Program (Program)
TASK ORDER Click or tap here to enter text.
Title/Project: Click or tap here to enter text.
Consultant: Click or tap here to enter text.
City Project ID: Click or tap here to enter text.
Task Order Description (Attach Scope of Work):
Click or tap here to enter text.
Task Order Work Plan:
Click or tap here to enter text.
Task Order Deliverable:
Click or tap here to enter text.
Task Order Staffing:
Task Order Cost: Click or tap here to enter text.
Task Order Period of Performance: Click or tap here to enter text.
Task Order DBE Commitment: Click or tap here to enter text.
Consultant Project Manager: Click or tap here to enter text.
City Project Manager: Click or tap here to enter text.
Authorized Signatures
Consultant’s Authorized Representative Cit y’s Authorized Representative
Signature
Name: __________________________
Title: ___________________________
Date: ___________________________
Signature
Name: __________________________
Title: ___________________________
Date: ___________________________
Attachments:
1. Scope of Work
2. Cost Proposal