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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into, effective on _______________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Precision Civil Engineering, Inc. (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional environmental planning and consulting services for Residential in Office Text Amendment planning and environmental consulting services (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a environmental planning and consult ant and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and
WHEREAS, this Agreement will be administered for the City by its Development and Planning Director (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through December 31, 2024, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall not exceed $83,200, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A.
7/12/23
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(b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business.
The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment.
4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant ; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City . Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of term ination.
The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the term s of this Agreement , the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant , the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
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consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(e) The Consultant shall provide the City with adequate written assurances of future performance, upon Administrator’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or or ganization by the Consultant without the prior written approval of the Administrator . 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, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City.
(b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Consulta nt shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein.
(c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
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Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant , its principals, officers, employees, agents , or volunteers in the performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an ins urance 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 his/her sole discretion.
The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
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and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the 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 i nsurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant , i ncluding, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant , its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents , and volunteers by using Insurance Service Office (ISO) form CG 20 10 11 85 or both CG 20 10 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 information provided by the Consultant in such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
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California Government Code Section 1090 et . seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City , the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant , nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Consultant shall remain responsible for complying with Section 9(b), above. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
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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 waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee.
(b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City , the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
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a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
(b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) The Consultant will, in all solicitations or advertisements for employees placed by or o n behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition , marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
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(a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant and its officers, agents , and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsi ble for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, the 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 wi thholding, 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 facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
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parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant , its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City , and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for con venience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
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23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
28. Extent of Agreement . Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respec t to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant.
29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Jennifer Clark,
Director
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of Fresno
Attention: Nadia Salinas,
Project Manager
2600 Fresno St, Room 3065
Fresno, CA 93721
Phone: (559) 621-8150
E-mail: [email protected]
Precision Civil Engineering, Inc,
Incorporated
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
Precision Civil Engineering, Inc
Attention: Bonique Emerson, AICP
VP of Planning/Project Manager
1234 O Street
Fresno, CA 93721
Phone: (559) 449-4500
E-mail: [email protected]
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 7/18/2023
President & CEO
Edward Dunkel
7/21/2023
7/31/2023
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City) and Precison Civil Engineering, Inc. (Consultant)
Residential in Office Text Amendment planning and environmental consulting services
See attached Exhibit A
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SCHEDULE OF FEES AND EXPENSES
See attached Exhibit A
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City) and Precision Civil Engineering, Inc. (Consultant)
Residential in Office Text Amendment planning and environmental consulting services
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (inclu ding, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
The Consultant , or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
ALL-B Generic CSA Not to Exceed (12-2022)
(iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self -insured retentions must be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City , its officers, officials, employees, agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall Cit y be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
ALL-B Generic CSA Not to Exceed (12-2022)
CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded to the City , its officers, officials, employees, agents , and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, the Consultant ’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents , and volunteers. Any insurance o r self - insurance maintained by the C ity, its officers, officials, employees, agents , and volunteers shall be excess of the Consultant ’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 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: The Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (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 the Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five year discovery period.
3. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant , the Consultant must purchase “extended reporting” coverage for a minimum of five years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non- renewed, reduced in coverage or in limits except after thirty calendar days’ written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
ALL-B Generic CSA Not to Exceed (12-2022)
the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be perfor med for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy.
Should any of the required policies pr ovide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant , including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant , its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement is required, the Consultant will be solely responsible for ensuring that it s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non- ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City , the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Residential in Office Text Amendment planning and environmental consulting services
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)
Additional page(s) attached.
(City, State Zip)
DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 X
Fresno, CA 93711
X
X
Edward Dunkel
X
N/A
Precision Civil Engineering, Inc.
X
7/21/2023
X
1234 O Street
PCE No. 23-145P May 17, 2023
Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("City") and Precision Civil Engineering, Inc. ("Consultant")
CITYWIDE MINISTERIAL APPROVAL OF RESIDENTIAL USES IN OFFICE AND
MIXED USE ZONE DISTRICTS, AND IN RESIDENTIAL DISTRICTS ADJACEMENT
TO TRANSIT
TASK 1. PROJECT INITIATION
Task 1.1. Project Kick- Off Meeting. Upon receiving notice to proceed from the City, Consultant will facilitate a kick -off meeting with City staff to discuss the overall Work Program and Schedule in addition to developing the project definition, confirm availability of background information, and clarify project goals and objectives. From this meeting, Consultant will prepare a detailed work program and preliminary schedule.
Task 1.2. Data Collection. Consultant will collect relevant data and documents from the City and will review this data for completeness and understanding to ensure the analysis is appropriate for the context and purpose of the project. Requested data will include but not be limited to the following: text amendment language, updated GIS Shapefiles, County Assessor’s Data, and sites identified for potential office conversions, if any.
Task 1.3. Draft Project Description. Consultant will prepare a detailed project description that will be utilized for the environmental assessment. The project description will utilize the adopted text amendment initiation resolution to frame the description. The project description will include background information on the proposed changes to the City of Fresno Zoning Ordinance as well as the potential physical changes that the project would cause, for the purpose of CEQA analysis. These potential physical changes / assumptions will be utilized for the impact assessment of air quality, greenhouse gas emissions, VMT analysis, etc. These potential physical changes/ assumptions include:
• C onversion of office to residential uses: This assumes that a percentage of existing office uses will be converted to residential uses within the existing building footprint. Consultant will coordinate with the City to decide on a realistic percentage (or if the City has potential sites, those will be used instead) and calculate the total acreage as well as residential units that would be permitted on those sites.
Consultant will also produce a map that includes all office zoned parcels that are eligible for ministerial conversion.
• P
roposed Housing Near Bus Stops (in existing m ulti-family districts): Consultant will prepare a vacant land use map of property zone d for residential uses in the City of Fresno using ex isting GIS data. From this, PC E will work with the City to determine the distance from a bus stop that will be considered “near” the bus stop.
Consultant will also produce a map that includes all property that are eligible for ministerial conversion.
DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023
• Housing in mixed use zone districts: Consultant will produce a map depicting the sites that are eligible for ministerial approval of housing. It is assumed that this will include land within the Infill Priority Area and not land on the out fringe of the City.
Task 1.4. Pre-Consultation. Once the project description is reviewed and approved by the City, Consultant will prepare a pre- consultation package including the project description and related exhibits to be routed to i nternal divisions and external agencies as identified by the City (e.g., DPU, FAX, FMFCD, FID, Police, Fire, Caltrans, School District(s)). The purpose of pre- consultation will be to solicit written comments that may inform the environmental assessment. Any comments received will be incorporated into the analysis for the CEQA document.
During the pre- consultation process, Consultant will submit a CHRIS Record Search Request with the Southern San Joaquin Valley Information Center . Results will be incorporated into the CEQA Document.
In addition, the City will conduct Tribal Consultation during the pre-consultation process.
Tribal consultation will include preparation of the letters, paying for and sending the letters via certified mail, and responding to consultation requests . If requested, Consultant can peer review the City’s letters.
Task 1.5. Technical Studies. If it is determined during the initial scoping and drafting of the project description that technical studies may be required, Consultant will work with the City to identify a scope of work that incorporates the identified technical studies.
Consultant anticipates that the major areas of impact from a CEQA perspective will be Air Quality, Noise, Utilities, and Public Services (depending on the capacity of existing City infrastructure). As such, Consultant anticipates the potential of including technical studies from sub-consultants as the project progresses. Consultant will provide the City with the scope(s) of work and cost proposals for review and approval. Consultant will facilitate the technical studies including data requests and review of drafts. The final studies will be incorporated into the CEQA document (Task 2).
Deliverables:
• Work program and preliminary schedule
• D raft project description identifying assumptions, and related exhibits • Pre-consultation package
• Technical studies (Word, PDF)
TASK 2. ENVIRONMENTAL ASSESSMENT
Consultant will analyze areas of impact associated with ministerial approval of office to residential conversions and mixed use in an urban setting. Although the analysis will be taken from baseline (existing conditions), Consultant will utilize existing citywide analyses prepared for the most recent General Plan EIR , PEIR, and the Mixed Use Text Amendment ISMND for those areas of impact that would not be impacted by the ministerial approval process on land that has been previously analyzed for development DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023
(i.e., Agricultural Resources, Biological Resources, Cultural Resources, Geology/Soils, Hazards, Mineral Resources, Tribal Cultural Resources, and Wildfire).
Consultant will prepare an Initial Study (IS) and Negative Declaration or Mitigated Negative Declaration (ND/MND) in accordance with the requirements of the California Environmental Quality Act (CEQA) and any relevant case law.
Consultant will utilize any
established templates, specifications, background information or setting language if provided by the City of Fresno.
The IS/ND/MND will include the following at a minimum:
• Introduction - Regulatory Information and Document Format • Project Description - Project Title, Lead Agency, Contacts, Location and Coordinates, Land Use and Zoning, Project Description, Setting, Required Approval from Other Agencies, Tribal Consultation
• Environmental Determination - MND or ND
• Impact Analysis (per Appendix G: Aesthetics, Agriculture, etc.) • Mitigation Monitoring and Reporting Program (if applicable) - Mitigation Measure(s), Responsible Party for Implementation, Responsible Party for Monitoring, Timeframe for Implementation, Confirmation of Implementation • Technical Appendices – technical studies and analyses , including CalEEMod Output Files, and others as needed
• Cover Page, Table of Contents, List of Tables and Figures.
As part of this environmental analysis, Consultant will do the following:
Task 2.1. Initial Study
Task 2.1.A. Administrative Draft Initial Study and ND/MND* . Consultant will prepare an Administrative Draft IS and Negative Declaration/Mitigated Negative Declaration (ND/MND) in conformance with the California Environmental Quality Act (CEQA) and any relevant case law. Consultant will utilize any established templates, specifications, background information, or setting language provided by the City. The Administrative Draft IS will include the following at minimum: introduction with project overview, project description (i.e., location, vicinity, site plan, and elevations), environmental checklist form (per CEQA Guidelines), and evaluation of environmental impacts in addition to basic document components such as a cover page, table of contents, figures list, and references. The City will review the Administrative Draft IS and ND/MND and provide comments and revisions as necessary.
As part of drafting the IS, Consultant will do the following:
• Utilize the agreed upon project description to prepare a more detailed project description/operational statement for the initial study. • Prepare a project vicinity map to be utilized within the body for the initial study. • Establish thresholds of significance and analyze the project in relation to these thresholds. Thresholds will vary by issue area, but typically include thresholds set DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023
by legislation, policies, ordinances, and guidance documents (i.e., San Joaquin Valley Air Pollution Control District, Office of Planning and Research, Federal Emergency Management Agency, etc.). All thresholds of significance will be carefully described and defined in an environmental setting portion for each issue area.
• Run CalEEMod to determine air quality impacts.
• Analyze all impact sections identified in the 2023 CEQA Guidelines Appendix G checklist.
• Analyze and determine the significance of project impacts for each area of potential impact. Impacts that are found to be less than significant will be described, and impacts found to be potentially significant (if any) will be described and mitigation measures that will bring impacts to below the significance thresholds will be identified.
Consultant will prepare the IS/ND/MND with the following assumptions:
• It is assumed that the initial analysis will result in a finding that all impacts can be reduced to less than significant with mitigation and that a ND or MND will be sufficient. After the preparation of the IS, if it is determined that significant and unavoidable impacts exist and the preparation of an Environmental Impact Report (EIR) is required, this will require an additional fee for the preparation of additional documents. See Task 2.4.
• The City will provide Consultant with the comments received from internal and external agencies and departments received so any project comments/concerns can be incorporated into the IS/ND/MND, if applicable.
*If it is determined that an Environmental Impact Report (EIR) is required, Consultant is prepared to address related additional tasks. See Task 2.4 and additional fees below.
Task 2.1.B. Public Draft Initial Study and ND/MND. Consultant will revise the Administrative Draft IS to incorporate City comments and revisions as appropriate. Once ready, Consultant will provide the City with a Screencheck Draft to review for clarity, grammar, spelling, and minor issues. After the City reviews and accepts the Screencheck Draft, Consultant will finalize the Draft IS and ND/MND for public circulation, review, and comment (See 2.2 below).
Task 2.1.C. Administrative Final Initial Study and ND/MND & MMRP. Once the public review period ends, Consultant will incorporate comments as needed and submit to the City the Administrative Final IS and ND/MND for review. This task w ill also include preparation of the Mitigation Monitoring and Reporting Program (MMRP): mitigation measures, parties responsible for implementation and/or monitoring, and implementation time frame. The City will review the Administrative Final IS and ND/MND and the MMRP and provide comments and revisions as appropriate.
Task 2.1.D. Final Initial Study and ND/MND & MMRP. Consultant will revise the Administrative Final IS and ND/MND and MMRP to incorporate City comments and revisions as appropriate. C onsultant will work with the City Planner to ensure the DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023
completed documents are ready for discretionary approval or related actions (See Task
2.3 below).
Task 2.2. Publication and Public Review
Task 2.2.A. Notice of Intent. When the Public Draft IS and ND/MND are approved as to form by the City (See Task 2.1 above), Consultant will prepare the Notice of Intent (NOI) in the City's standard format and prepare the NOI language for the Fresno Bee for use by the City . City will coordinate and pay for the newspaper publication before the official public review period begins. Cit y will file the NOI and Public Draft IS and ND/MND with the Fresno County Clerk and will provide copies to be available during the 30-day public review period.
Task 2.2.B. State Clearinghouse. Consultant will prepare and electronically submit the required Notice of Completion (NOC), NOI (filed by the City ), and Summary Form with the Public Draft IS and ND/MND to the State Clearinghouse (SCH) for routing and will track comments from responsible reviewing agencies during the review period.
Task 2.2.C. Responses to Public and Agency Comments. Consultant will track public and agency comments received during the review period and will prepare responses as appropriate. In particular, Consultant will assist the City with explanations for how public and agency comments affect the conclusion of the Public Draft IS and ND/MND. This includes any research and technical expertise needed to adequately address comments received. If comments require republication, Consul tant will strategize with the City to ensure the comment period ends before approval or action.
Task 2.2.D. Notice of Determination. City will prepare a Notice of Determination (NOD) to be filed with the County Clerk and the SCH within five (5) days after discretionary approval or related actions.
Task 2.3. Approval Process. As necessary, Consultant will support public relations events and respond to all inquiries leading up to discretionary approval or related actions.
Consultant will also coordinate completion of materials with the City. If required, Consultant will attend public hearings to answer questions regarding the analysis and conformance with CEQA requirements. Upon discretionary approval or related actions, Consultant will prepare and file the NOD (See Task 2.2).
Task 2.4. Environmental Impact Report (If Deemed Necessary). If the Initial Study indicates substantial evidence that significant impacts may occur from the proposed project, then Consultant is prepared to conduct the following tasks to prepare an EIR.
Task 2.4.A. Notice of Preparation. Consultant will prepare and send a Notice of Preparation (NOP) for the EIR to responsible agencies, interested parties, and organizations in order to provide sufficient information describing the proposed project and potential environmental effects for a 30-day public review period. City will coordinate the Fresno Bee publication in addition to posting with the Fresno County Public Library and City.
DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023
Task 2.4.B. Scoping Meeting. Consultant will prepare a meeting notice/flyer or postcard to advertise the Scoping Meeting including a short project description, purpose of the meeting, and how to join the meeting. The notice/postcard will be targeted to properties within a 50-foot buffer of the agreed upon project area. Consultant will attend up to two (2) public scoping meetings, which intend to inform the public about the project to be evaluated under CEQA and to solicit public comment regarding the type and extent of environmental analyses to be undertaken. If desired, Consultant will provide an overview of the CEQA process and help answer questions about the process. City to provide translation services if translation is needed. Upon completion of the public scoping process, Consultant will assist the City with organizing public comments for consideration in the preparation of the Draft EIR (DEIR).
Task 2.4.C. Draft EIR and Public Review. Consultant will prepare an Administrative Draft EIR (ADEIR), Screencheck DEIR, and a Public Review DEIR that evaluate the potential environmental impacts and consider any public comments received from the scoping process. The City will have the opportunity to review the ADEIR and Screencheck DEIR before Consultant finalizes the Public Review DEIR for public circulation. Upon completion of the Public Review DEIR, Consultant will prepare and electronically submit the NOC, Notice of Availability, DEIR, and Summary Form to the SCH for routing and will track comments from responsible agencies during the review period. City will coordinate and pay for newspaper publication, file with the County Clerk, and provide copies for the 45-day public review period. Additionally, Consultant will attend any DEIR public meeting(s) and assist the City with organizing public comments received to be addressed in the Final DEIR.
Task 2.4.D. Final Draft EIR with MMRP and Statement of Overriding Considerations.
Consultant will prepare a Final ADEIR, Screencheck Final DEIR, and Final DEIR that incorporates responses to public comments and includes Findings of Fact, MMRP, and if needed, the Statement of Overriding Considerations. The City will have the opportunity to review the Administrative Final DEIR and Screencheck Final DEIR before Consultant publishes the proposed Final DEIR for certification by the City.
Task 2.4.E. Approval Process. As necessary, Consultant will support public relations events and respond to all inquiries leading up to discretionary approval or related actions.
Consultant will also coordinate completion of materials with the City. If required, Consultant will attend public hearings to answer questions regarding the analysis and conformance with CEQA requirements. Upon discretionary approval or related actions, City will prepare a NOD to be filed with the County Clerk and the SCH within five (5) days after discretionary approval or related actions.
Deliverables:
Administrative Draft, Air Quality/Greenhouse Gas Analysis, Screencheck Draft, Final Draft, MMRP, NOI (or NOP), Publication, NOC and Summary Form to be posted on the SCH CEQA Portal, Responses to Comments on the Draft.
DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 PCE No. 23-145P May 17, 2023
TASK 3. PROJECT MANAGEMENT AND ADMINISTRATION
Task 3.1. Project Management and Administration
Consultant will facilitate and manage the environmental review process through final draft for adoption or certification. To keep the project moving on time and within budget, Consultant will employ the following measures:
• Bi-Weekly Check-Ins with City Team: 30-60-minute, bi-weekly (every two weeks) check-in calls throughout the duration of the project to share progress, ask and answer questions, and discuss updates, as appropriate.
• Agendas and Minutes/Action Items: Consultant will prepare agendas and minutes/action items prepared for each meeting, including pre- meeting and post- meeting emails.
• Work Program: Consultant wil l regularly update the work program and schedule/timeline for the completion of each task.
• Invoicing/Progress Reports: Consultant will provide detailed, line -item invoices/progress reports to the City on a monthly basis.
Deliverables -
• Agendas and minutes/action items for each meeting (word, PDF, email) Invoices and Progress Reports– monthly
COST PROPOSAL
TASK 1. PROJECT INITIATION
Task 1.1. Project Kick-Off Meeting $1,200
Task 1.2. Data Collection $5,500
Task 1.3. Draft Project Description $7,500
Task 1.4. Pre-Consultation $1,500
Task 1.5. Technical Studies (If Required) $5,000 - $25,000 TASK 2. ENVIRONMENTAL ASSESSMENT
Task 2.1. Initial Study $22,000
Task 2.2. Publication and Public Review $5,500
Task 2.3. Approval Process $2,500
Task 2.4. EIR (If Required/In addition to Task 2.1) $15,000 TASK 3. PROJECT MANAGEMENT AND ADMINISTRATION
Task 3.1. Project Management and Administration $12,500 Total Cost (without EIR task) $83,200
DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67 DocuSign Envelope ID: 18367DB1-35F6-4172-A8E7-BBE6B3E89D67