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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
BSK Associates
,
a California Corporation
(
Consultant
).
RECITALS
WHEREAS,
the
City
desires to obtain professional
on
-
call
Geotechnical Engineering
services for
Capital Improvement Programs throughout the City
(
Pro
gram
)
;
and
WHEREAS,
the
Consultant
is engaged in the business of furnishing services as
a
Geotechnical Engineering
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 conducted a qualification
-
based
selection
process to obtain
multiple professional
Geotechnical Engineering
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 that this Agreement is subject to the
requirements of Fresno Municipal Code Section
4 -
10 7
and Administrative Order
No.
6 -
19;
and
WHEREAS, this Agreement
wi
ll be administered for
the
City
by
its
Capital Projects
Director
(
Director)
or designee
.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Scope of Services
.
The
Consultant
shall perform to the satisfaction of
the
City
the
services described in
Exhibit A
, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A
.
The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which
assistance shall include, but not be limited to, making Project information available to the City.
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
f
or
THREE (3) YEARS
subject to any earlier termination in accordance
with this Agreement.
The
City
, in its discretion, may extend the Agreement for up
to
TWO
a
dditional 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
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each of the
awarded
Task Orders
, following the Consultants successful
submission of a Proposal, which shall be awarded based on the competitive criteria defined herein
.
City
may, at its discretion, issue concurrent Notices to Proceed, allowing
the
Consultant
to perform concurrent
Task Orders
.
By entry into this
Agreement and upon
City
’
s
issuance of a written "Notice to Proceed,"
City
contracts for the services in the
specific Task Order
.
The
Consultant
shall not
perform any other
Task Order work
of the Agre
ement, and this Agreement shall
not be a contract for any other Task
Order
, until further performance is authorized
by
the
City
’
s
issuance of a written “Notice to Proceed.” It shall, however, remain the
Consultant
’
s
offer to perform all
services
described herein
.
In the event
Consultant
performs services without
the
City
’
s
prior written authorization,
the
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 approved Cost Proposal
as described in
Exhibit A
,
Schedule of Fees
. The specified hourly rates shall include direct
salary costs, employee benefits, prevailing 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
Contract 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 i
dentified by the
City
, the
City
will prepare a
Miniature
Request for Proposal (
Mini
-
RFP) for
the specific
Task Order
.
A
Mini
-
RFP
will 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 M
ini
-
RFP will
contain evaluation criteria that will identify the most qualified 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
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(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
the Mini
-
RFP.
(g)
Task order cost will be based on wage rates established in the Consultant
’s
on
-
call contract, and the time and deliverable requirements in the task order
(h)
Upon determination of the successful Proposal,
City
and
selected
Consultant
will negotiate the Cost Proposal and finalize the Task Order. T he
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
i
f
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 Order will be
made monthly in arrears
based on services provided and actual costs incurred.
(
k
)
The
Consultant
shall not commence performance 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 expenditures 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 itemizing 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 whi
ch
the
selected
Consultant
is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicab le.
Invoices shall follow the format stipulated 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:
Jordan Conard, Senior Management Analyst
747 R Street, 2nd Floor, 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
.
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(
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.
(
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
Orde
r
s
m
a
y
n
ot
b
e
used
to
a
mend
the language (or the terms) of
th
i
s
Agreement
or exceed
the
s
c
ope
of w
o
rk
under
th
i
s
Agreement
.
(
r
)
The total amount payable by
the
City
for all Task Orders resulting from
under
this A
greement
shall
not exceed $
1,666,666.66
.
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
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 Pro
gram
;
or (iv)
expiration of this Agreement
.
(b)
Immediately upon any termination or expiration of this Agreement, the
Consultant
s
hall
(i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to
the
City
any and all unearned payments and all properties and materials in the possession of
the
Consultant
that are owned by
the
City
.
Subject to the
terms of this Agreement,
the
Consultant
shall be paid compensation for
services
satisfactorily performed prior to the effective date of termination .
The
Consultant
shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
(c)
In the event of termination due to
failure of
the
Consultant
to satisfactorily
perform in accordance with the terms of this Agreement
,
the
City
may
withhold an amount that would otherwise be payable as an offset to, but not in excess of,
the
City
’s
damages caused by such failure
.
In no event shall
any payment by
the
City
pursuant to this Agreement constitute a waiver by
the
City
of any breach of this Agreement which may then exist on the part of
the
Consultant
, nor shall such payment impair or prejudice
any remedy
available to
the
City
with respect to the breach
.
(
d
)
Upon any breach of this Agreement by
the
Consultant
,
the
City
may
(i)
exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement;
and/or (iii) recover all direct, indirect,
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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 Director’s request, in the event the
Consultant
fails to comply with any terms or conditions of this Agreement .
(f)
The
Consultant
shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of
the
Consultant
and
without its fault or negligence such as, acts of God or the public enemy, acts of
the
City
in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers
.
The
Consultant
shall notify Director in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promp tly give
written notice to Director of the cessation of such occurrence.
(g)
Any notice of termination sent to
Consultant
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 other data prepared or assembled by the
Consultant
pursuant to this Agreement shall not be made available to any individual or organization by
the
Consultant
without the prior written
approval of
the
City
.
During the term of this Agreement, and thereafter,
the
Consultant
shall not, without the prior written consent of
the
City
, disclose
to anyone any Confidential Information
.
The term Confidential Information
for the purposes of this Agreement shall include all proprietary a nd
confidential information of
the
City
, including but not limited to business
plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media
.
All Confidential Information
shall be and remain confidential and proprietary in
the
City
.
i.
Permission granted to
the
Consultant
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 Agreement at public hearings or in response to questions from a Legislative committee.
iii.
The
Consultant
shall not issue any news releases or any public
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relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by
the
City
and receipt of
the
City
’s
written
permission.
(b)
Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by
the
Consultant
pursuant to this
Agreement, in any form whatsoever, are the property of
the
City
at the time
of preparation and shall be turned over to
the
City
upon expiration or
termination of the Agreement or default by
the
Consultant
.
The
Consultant
grants
the
City
a copyright license to use such drawings and writings
.
The
C
onsultant
shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein
.
The
City
may modify
the design including any drawings or writings
.
Any use by
the
City
of the
aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or
projects
of this Pro
gram
, or in uncompleted form, without specific
written verification by
the
Consultant
will be at
the
City
’s
sole
risk and
without liability or legal exposure to
the
Consultant
.
The
Consultant
may
keep a copy of all drawings and specifications for its sole and exclusive use.
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, nonexclusive 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 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
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 manne
r 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
.
(a)
To the furthest extent allowed by law, including California Civil Code section 2782.8, Consultant shall indemnify, hold harmless and defend City and
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each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage), and from any and
all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement) that arise out of, pertain to, or relate to the negligence, reckless ness or willful
misconduct of Consultant, its principals, 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, Consultant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and vo
lunteers 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 insuran
ce 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 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 insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c)
The fact that insurance is obtained by
the
Consultant
shall not be deemed
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to release or diminish the liability of
the
Consultant
, including, without
limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify
the
City
shall apply to all claims and liability regardless of
whether any insurance policies are applicable
.
The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant
.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liabil ity 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.
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 includi
ng, 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 Governme
nt 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 t
o Compete)
.
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,
t
he
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 w
riting
.
(c)
Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or a
dditional contract with the City. The City
entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project.
Consultant’s participation in the planning, discussions,
or drawing of project
plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure
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that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
(e
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.
(
f
)
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
Consultant
under this Agreement, or
otherwise recover the full amount of, any rebate, kickback or other consideration paid by
the
Consultant
in violation of any representation or
w
arranty under this section.
(
g
)
Neither
the
Consultant
, nor any firm affiliated with
the
Consultant
, nor any
of
the
Consultant
’s
subcontractors 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 whose services are limited to providing surveying or materials testing information .
The
Consultant
and
any of its subcontractors shall have no interest, direct or i ndirect
, in any
other contract with a third party in connection with
a
Task Order
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 .
An affiliated firm
is one which is subject to the control of the same person(s) through joint -
ownership or otherwise.
(
h
)
The
Consultant
shall disclose any financial, business, or other relationship with
the
City
that may have an impact upon the outcome of this Agreement or any ensuing
the
City
construction project
.
The
Consultant
shall also
disclose any current clients who may have a financial interest in the outcome of this Agreement or any ensuing
the
City
construction project,
which will follow.
(
i
)
The
Consultant
hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
(
j
)
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
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its subcontractors to comply therewith.
(
k
)
This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program
.
In the event
the
Consultant
maintains
an office or operates a
facility(ies), or is required herein to maintain or operate same,
within the
incorporated limits of the City of Fresno,
the
Consultant
at its sole cost and
expense shall:
(
a
)
Immediately establish and maintain a viable and ongoing recycling program, approved by
the
City
’s
Solid Waste Management Division, for
each office and facility
.
Literature describing
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, Federal and State
Assurances and Requirements
.
(a)
Except as otherwise provided by law, all notices expressly required of the
City
within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee.
(b)
Records of
the
Consultant
’s
expenses pertaining to th
is
Agreement
shall be
kept on a generally recognized accounting 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 reasonable times during the perio d of this
Agreement and for
three
years, 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, excerpts, and transcriptions .
Copies
thereof shall be furnished by
the
Consultant
, if requested
.
If any litigation,
claim, negotiations, audit or other action is commenced before the expiration of the
three
-
year time peri
od, all records shall be retained and
made available 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 section and in the event a subcontract is entered into for an amount in excess of $25,000
,
the subcontract shall include this
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paragraph in its entirety
.
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.
(d)
The
Consultant
’s
services pursuant to this Agreement shall be provided
under the supervision of
Ne
va
Po
p
e
n
oe
, PE
, GE
, and
it
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 2
5 herein,
the
Consultant
agrees to comply with all applicable federal and state assurances and requirements identified in
Exhibit D along with its Appendix A
and require
that each subcontract include the same assurances by each of its subcontractors.
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, ma
rital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era
.
Subject to the foregoing and
during the performance of this
Agreement,
the
Consultant
agrees as follows:
(a)
The
Consultant
will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, o
r 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
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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, inc
luding apprenticeship
.
The
Consultant
agrees to
post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination cla
use.
(c)
The
Consultant
will, in all solicitations or advertisements for employees placed by or on behalf of
the
Consultant
in pursuit hereof, state that all
qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age ,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d)
The
Consultant
will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of
the
Consultant
’s
commitment under this section and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
(e)
If
the
Consultant
should subcontract all or any portion of the services to be performed under this Agreement,
the
Consultant
shall cause each
subcontractor to also comply with the requirements of this Section 12.
13 .
Independent Contractor
.
(a)
In the furnishing of the services provided for herein,
the
Consultant
is acting
solely
as an independent contractor
.
Neither
the
Consultant
, nor any of its
officers, agents
,
or employees shall be deemed an
officer, agent,
employee,
joint venturer,
partner
,
or a
ssociate
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 t
hereof.
(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
t
hereof.
(c)
Because of its status as an independent contractor,
the
Consultant
and its
officers, agents
,
and employees shall have absolutely no right to
employment rights and benefits available to
the
City
employees
.
The
Consultant
shall be solely liable and responsible for all payroll and tax
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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 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 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 addr
ess 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, o
nce 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
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 voi
d 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
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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 convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
21 .
Severability
.
The provisions of this
Agreement are severable
.
The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
22 .
Interpretation
.
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
23 .
Attorney's Fees
.
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reason
able 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.
2 5
.
Precedence of Documents
.
In the event of any conflict between the body of this
Agreement and any
e
xhibit or
a
ttachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and conditions expressed within the
e
xhibit or
a
ttachment
.
Furthermore, any terms or
c
onditions contained within any e
xhibit or
a
ttachment 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
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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.
2 8
.
Extent of Agreement
.
Each party acknowledges that they have read and fully
understand the contents of this Agreement
.
This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral
.
This Agreement may be modified only by written instrument duly authorized and executed by both
the
City
and
the
Consultant
.
29. RFQ Document
.
Any Request for Qualifications and documents issued therewith (collectively RFQ) by
the
City
that resulted in selection of
the
Consultant
for entry
into this Agreement are hereby incorporated into and made a part of this
Agreement. In the event of a conflict between the RFQ and this Agreement (including any Exhibit hereto), this Agreement (including any e
xhibit hereto) shall
take precedence.
30. Disadvantaged Business Enterprise (DBE) Participation .
This AGREEMENT is
subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
Consultant
s who enter into a federally
-
funded agreement will assist the LOCAL
AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
The goal for DBE participatio
n for this AGREEMENT is
TWENTY
-
T
WO
PERCENT
(2
2 %)
.
Participation by DBE
Consultant
or subconsultants shall 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. After 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 sen
t
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 e
xpressly included in the Agreement.
[
Signatures follow on the next page.]
CP
D-S FHWA Eng. On-Call, T&M - Multiple (08-2024)
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:
R
andall L. Morrison, PE
Capital Projects Director
Capital Projects Department
No signature of City Attorney required.
Standard Document #CPD-S FHWA
Eng. On- Call, T&M - Multiple (08-
2024) has been used without
modification, as certified by the
undersigned.
B
y:
Jordan Conard, MBA
Senior Management Analyst
ATTE
ST:
TODD STERMER, CMC
City Clerk
B
y:
Deput
y
REVIEWED BY:
J
oshua Rhodes, Assistant Director
Capital Projects Department
Addresses:
CITY:
City of Fresno
Attention:Jordan Conard, Senior
Management Analyst
747 R Street, 2nd Floor
Fresno, CA 93721
Phone: (559) 621-8833
E-mail: [email protected]
BSK Associates,
A California Corporation
B
y:
N
ame:
T
itle:
(If
corporation or LLC., Board Chair,
Pres. or Vice Pres.)
B
y:
N
ame:
T
itle:
(
If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
A
ny Applicable Professional License:
N
umber:
N
ame:
D
ate of Issuance:
CONS
ULTANT:
BSK Associates
Attention: Neva Popenoe, PE, GE, Fresno
Branch Manager/Contract Manager
691 N Laverne Avenue, Suite 101
Fresno, CA 93727
Phone: (559) 497-2880
E-mail: npopenoe@bskassociates
Aaron Badavinac
Chief Financial Officer
Tim Rodriguez
Board Chair / COO
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Attachments:
1. Exhibit A
-
Scope of Services
2. Exhibit B
-
Insurance Requirements
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
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4 Exhibit A
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (
City
)
and
B
S
K
A
s
s
o
c
i
a
t
e
s
(
Consultant
)
Services will be on an on
-
call basis and will include but
are not limited to
geotechnical
investigation and design services will be provided for a wide variety of City
capital
improvement projects including new site developments, renovation and/or remodel
of
existing facilities, roadways, bridges, utility alignments, trails, and other municipal
infrastructure.
In general, the Consultant shall be qualified and able to provide the following services:
•
Desktop evaluation of pertinent records and maps
•
Site reconnaissance and characterization
•
Field
investigation and drilling
•
Sampling and logging of soil and rock
•
Geotechnical laboratory testing
•
Evaluation of site conditions, laboratory test results and engineering
•
calculations
•
Establishment of engineering design parameters and
•
recommendations for design
•
Preparation of design level geotechnical reports
•
Review of design plans and calculations for verification of
•
conformance to recommendations of geotechnical design
•
Performance of positive underground utility identification via passive
•
and active methods (i.e. GPR scanning, potholing, hydro -
vac, etc.)
•
Preparation and submission of Traffic Control plans
•
Coordination with other design disciplines or parties
•
Attendance at project meetings, as requested
•
Construction
-
related geotechnical consultation
•
Other related services as required
All services provided shall comply with generally accepted engineering standards,
practices, and applicable codes and regulations.
Firm(s) must have substantial experience in providing geotechnical engineering design services,
pavement evaluations, utility locating, and related assessments. Personnel shall be
knowledgeable in the areas of expertise required for their work assigned work. Firm(s) shall be
licensed as a C
-
57 well driller or use the services of a licensed C
-
57 well driller for all field
investigation activities. Any services (i.e. field drilling, laboratory testing, etc.) that will be
performed for the prime consultant by
a sub
-
consultant shall be indicated and presented as
specified in Section IV (SOQ Requirements).
In general, the Consultant shall be qualified and able to provide the following:
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4 Exhibit A
•
Perform geotechnical investigations and create an initial, followed by a final project
Geotechnical Report, as needed for submission to the relevant reviewing
agency/agencies having jurisdiction and adequately provide the technical data
needs of
the Architectural/Structural design team to support the development of
Construction
Drawings and Specifications.
•
Perform geotechnical feasibility assessment that shall include but not be limited to
a desk
study (review of existing geotechnical data, public documentation, geologic
maps, aerial
photographs, historic groundwater level, FEMA flood maps, etc.),
preliminary
geotechnical exploration and report preparation (summary of findings
with preliminary
assessment of site conditions and initial recommendation to support
building design).
When needed and depending upon site conditions, limited
exploration shall be
performed using Cone Penetration Test (CPT) equipment to
identify site h
azards, such
as liquefaction and soft soil settlement potentials, and
provide preliminary soil
information for project planning and budgeting purposes.
•
Prepare design level geotechnical reports based on the findings from the feasibility
assessment that shall include but not be limited to soil borings (locations, type and
depth), detailed geotechnical exploration (drilling, laboratory testing of select soil
samples for moisture
-
density, Atterberg Limits, gradation, strength, corrosivity,
consolidation tests, expansion index, and R
-
value, etc.), detailed report on the site
conditions, constraints, mitigation measures (if applicable), load -
induced ground
sett
lement, foundation design recommendation, etc.
•
Conduct pavement evaluations and pavement design including alternative
pavement design recommendations (i.e. cold
-
in
-
place recycling, Full Depth
Reclamation, geotextiles, etc.)
•
Participate in the constructability review of project documents respective design
teams
during design and pre
-
construction phases.
•
Attend Meetings and other general project coordination duties: The firm(s) may be
requested to attend various pre
-
construction/design meetings to perform necessary
coordination, provide project oversight and/or project closeout assistance as
necessary,
and be available for on
-
site geotechnical consultation throughout the
duration of the
project(s), as required.
•
Firms shall provide all necessary field drilling and testing equipment, and other
instrumentation/devices, as needed, to assure all work is done in a timely and
professional manner to deliver the required deliverables.
•
All work shall be performed, signed and sealed under the direction and supervision
of
a
California Registered Geotechnical Engineer (“GE”).
Firm(s) are advised that standard field construction observations, materials testing,
compaction testing, and supporting site inspections may potentially be performed by firms
other than the on
-
call geotechnical consultants. As such, firms will be expected to work in
harmony and in cooperation with the City of Fresno approved Quality Assurance Program
testing agencies, when necessary.
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4 Exhibit A
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
B
S
K
A
s
s
o
c
i
a
t
e
s
P
r
i
n
c
i
p
a
l
$273.74
N
/
A
N
/
A
7/1/2024
6/30/2025
E
x
e
m
p
t
$283.32
N
/
A
N
/
A
7/1/2025
6/30/2026
$293.23
N
/
A
N
/
A
7/1/2026
6/30/2027
$303.50
N
/
A
N
/
A
7/1/2027
6/30/2028
Senior Professional
$212.05
N
/
A
N
/
A
7/1/2024
6/30/2025
Exempt
$219.47
N
/
A
N
/
A
7/1/2025
6/30/2026
$227.16
N
/
A
N
/
A
7/1/2026
6/30/2027
$235.11
N
/
A
N
/
A
7/1/2027
6/30/2028
Project Professional II
$169.45
N
/
A
N
/
A
7/1/2024
6/30/2025
Exempt
$175.38
N
/
A
N
/
A
7/1/2025
6/30/2026
$181.51
N
/
A
N
/
A
7/1/2026
6/30/2027
$187.87
N
/
A
N
/
A
7/1/2027
6/30/2028
Project Professional I
$138.30
$158.63
$178.97
7/1/2024
6/30/2025
Non
-
Exempt
$143.14
$164.18
$185.23
7/1/2025
6/30/2026
$148.15
$169.93
$191.71
7/1/2026
6/30/2027
$153.33
$175.88
$198.42
7/1/2027
6/30/2028
Staff Professional II
$124.25
$142.52
$160.79
7/1/2024
6/30/2025
Non
-
Exempt
$128.60
$147.51
$166.42
7/1/2025
6/30/2026
$133.10
$152.67
$172.25
7/1/2026
6/30/2027
$137.76
$158.02
$178.27
7/1/2027
6/30/2028
Staff Professional I
$101.88
$116.86
$131.84
7/1/2024
6/30/2025
Non
-
Exempt
$105.44
$120.95
$136.45
7/1/2025
6/30/2026
$109.13
$125.18
$141.23
7/1/2026
6/30/2027
$112.95
$129.56
$146.17
7/1/2027
6/30/2028
Project Administrator
$110.38
$126.61
$142.84
7/1/2024
6/30/2025
Non
-
Exempt
$114.24
$131.04
$147.84
7/1/2025
6/30/2026
$118.24
$135.63
$153.01
7/1/2026
6/30/2027
$122.38
$140.37
$158.37
7/1/2027
6/30/2028
Administrative Assistant
$96.10
$110.23
$124.36
7/1/2024
6/30/2025
Non
-
Exempt
$99.46
$114.09
$128.71
7/1/2025
6/30/2026
$102.94
$118.08
$133.21
7/1/2026
6/30/2027
$106.54
$122.21
$137.88
7/1/2027
6/30/2028
Special Inspector
$147.07
$168.70
$190.32
7/1/2024
6/30/2025
Non
-
Exempt
$152.22
$174.60
$196.98
7/1/2025
6/30/2026
$157.55
$180.71
$203.88
7/1/2026
6/30/2027
$163.06
$187.04
$211.01
7/1/2027
6/30/2028
Engineering Technician
$119.44
$137.00
$154.57
7/1/2024
6/30/2025
Non
-
Exempt
$123.62
$141.80
$159.98
7/1/2025
6/30/2026
$127.95
$146.76
$165.58
7/1/2026
6/30/2027
$132.43
$151.90
$171.37
7/1/2027
6/30/2028
Lab Technician
$91.00
$104.38
$117.76
7/1/2024
6/30/2025
Non
-
Exempt
$94.18
$108.03
$121.88
7/1/2025
6/30/2026
CPD
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$97.48
$111.81
$126.14
7/1/2026
6/30/2027
$100.89
$115.72
$130.56
7/1/2027
6/30/2028
Technician / Courier
$82.26
$94.35
$106.45
7/1/2024
6/30/2025
Non
-
Exempt
$85.14
$97.65
$110.17
7/1/2025
6/30/2026
$88.12
$101.07
$114.03
7/1/2026
6/30/2027
$91.20
$104.61
$118.02
7/1/2027
6/30/2028
G
r
o
u
p
1 S
p
e
c
i
a
l
I
n
s
p
e
c
t
o
r
–
N
o
r
t
h
$206.65
$237.03
$267.42
7/1/2024
6/30/2025
D
e
t
e
r
m
i
n
a
t
i
o
n
*
*
$206.65
$237.03
$267.42
7/1/2025
6/30/2026
N
o
n
-
E
x
e
m
p
t
$206.65
$237.03
$267.42
7/1/2026
6/30/2027
P
r
e
v
a
i
l
i
n
g
W
a
g
e
$206.65
$237.03
$267.42
7/1/2027
6/30/2028
G
r
o
u
p
2 S
p
e
c
i
a
l
I
n
s
p
e
c
t
o
r
-
N
o
r
t
h
$199.85
$229.23
$258.62
7/1/2024
6/30/2025
D
e
t
e
r
m
i
n
a
t
i
o
n
*
*
$199.85
$229.23
$258.62
7/1/2025
6/30/2026
N
o
n
-
E
x
e
m
p
t
$199.85
$229.23
$258.62
7/1/2026
6/30/2027
P
r
e
v
a
i
l
i
n
g
W
a
g
e
$199.85
$229.23
$258.62
7/1/2027
6/30/2028
G
r
o
u
p
3 E
n
g
i
n
e
e
r
i
n
g
T
e
c
h
n
i
c
i
a
n
-
$175.33
$201.11
$226.89
7/1/2024
6/30/2025
N
o
r
t
h
D
e
t
e
r
m
i
n
a
t
i
o
n
*
*
$175.33
$201.11
$226.89
7/1/2025
6/30/2026
N
o
n
-
E
x
e
m
p
t
$175.33
$201.11
$226.89
7/1/2026
6/30/2027
P
r
e
v
a
i
l
i
n
g
W
a
g
e
$175.33
$201.11
$226.89
7/1/2027
6/30/2028
G
r
o
u
p
4 T
e
c
h
n
i
c
i
a
n
-
N
o
r
t
h
$155.03
$177.82
$200.62
7/1/2024
6/30/2025
D
e
t
e
r
m
i
n
a
t
i
o
n
*
*
$155.03
$177.82
$200.62
7/1/2025
6/30/2026
N
o
n
-
E
x
e
m
p
t
$155.03
$177.82
$200.62
7/1/2026
6/30/2027
P
r
e
v
a
i
l
i
n
g
W
a
g
e
$155.03
$177.82
$200.62
7/1/2027
6/30/2028
G
r
o
u
p
3 N
D
T
–
S
o
u
t
h
$214.09
$245.57
$277.05
7/1/2024
6/30/2025
D
e
t
e
r
m
i
n
a
t
i
o
n
*
*
$214.09
$245.57
$277.05
7/1/2025
6/30/2026
N
o
n
-
E
x
e
m
p
t
$214.09
$245.57
$277.05
7/1/2026
6/30/2027
P
r
e
v
a
i
l
i
n
g
W
a
g
e
$214.09
$245.57
$277.05
7/1/2027
6/30/2028
G
r
o
u
p
2 S
p
e
c
i
a
l
I
n
s
p
e
c
t
o
r
-
S
o
u
t
h
$207.29
$237.77
$268.25
7/1/2024
6/30/2025
D
e
t
e
r
m
i
n
a
t
i
o
n
*
*
$207.29
$237.77
$268.25
7/1/2025
6/30/2026
N
o
n
-
E
x
e
m
p
t
$207.29
$237.77
$268.25
7/1/2026
6/30/2027
P
r
e
v
a
i
l
i
n
g
W
a
g
e
$207.29
$237.77
$268.25
7/1/2027
6/30/2028
G
r
o
u
p
1 E
n
g
i
n
e
e
r
i
n
g
T
e
c
h
n
i
c
i
a
n
-
$201.24
$230.83
$260.42
7/1/2024
6/30/2025
S
o
u
t
h
D
e
t
e
r
m
i
n
a
t
i
o
n
*
*
$201.24
$230.83
$260.42
7/1/2025
6/30/2026
N
o
n
-
E
x
e
m
p
t
$201.24
$230.83
$260.42
7/1/2026
6/30/2027
P
r
e
v
a
i
l
i
n
g
W
a
g
e
$201.24
$230.83
$260.42
7/1/2027
6/30/2028
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (
City
)
and
BSK Associates
(
Consultant
)
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence
form and shall provide coverage for
“bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non -
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations .
The
Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non
-
owned automobiles or other licensed
vehicles (Code 1
-
Any Auto)
.
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant
’s
profession
.
MINIMUM LIMITS OF INSURANCE
The
Consultant
, or any party the
Consultant
subcontracts with, shall maintain limits of
liability of not less than those set forth below
.
However, insurance limits available to
the
City
,
its
officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL
LIABILITY:
(i)
$
1 ,000,000 per occurrence for bodily injury and property damage;
(ii)
$
1 ,000,000 per occurrence for personal and advertising injury;
(iii)
$
2 ,000,000 aggregate for products and completed operations; and,
(iv)
$
2 ,000,000 general aggregate applying
separately to the work
performed under the Agreement.
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2. COMMERCIAL AUTOMOBILE LIABILITY
:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE
as required by the State of
California with statutory limits.
4. EMPLOYER’S LIABILITY
:
(i)
$1,000,000 each accident for bodily injury;
(ii)
$1,000,000 disease each employee; and,
(iii)
$1,000,000 disease policy limit.
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 insura
nce 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 to
the
City
,
its
officers, officials, employees,
agents and volunteers; or
(ii)
The
Consultant
shall provide a financial guarantee, satisfactory to
City
’s
Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses
.
At no time shall
City
be responsible for the payment of
any deductibles or self
-
insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The
General Liability and Automobile Liability insurance policies
are to contain, or be
endorsed to contain, the following provisions:
1. 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
for all ongoing and completed operations by use
of ISO Form
CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13
or
by
an executed manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 20 10
11 85
.
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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
insurance
coverage shall be primary insurance with respect to the City
,
its
officers,
officials, employees, agents
,
and volunteers
.
Any insurance or self
-
insurance maintained by the
City
,
its
officers, officials, employees, agents
and volunteers shall be excess of
the
Consultant
’s
insurance and shall not
contribute with it
.
The
Consultant
shall establish primary and non
-
contributory status by using ISO Form CG
20 01
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
y
ears after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the
alternative, the policy
shall be endorsed to provide not less than a five
-
year discovery period
.
3. If coverage is canceled or non
-
renewed, and not replaced with another
claims
-
made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by
Consultant
,
Consultant
must purchase “extended reporting” coverage for a minimum of five years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to City
for
review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance
required herein shall be endorsed to provide that the coverage shall not be cancelled, non
-
renewed, reduced in coverage or in limits except after
30 calendar days written notice by certified mail, return receipt requested, has been given to the
City
.
The
Consultant
is also responsible for providing written notice to the City
under
the same terms and conditions
.
Upon issuance by the insurer, broker, or agent of a notice of cancellation, non
-
renewal, or reduction in coverage or in li
mits,
Consultant
shall furnish
the
City
with a new certificate and applicable endorsements for such policy(ies) .
In the
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event any policy is due to expire during the work to be performed for the
City
,
the
Consultant
shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than
15 en calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Li
ability 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, e
mployees, persons under the
supervision of
Consultant
, vendors, suppliers, invi
tees, 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,
Consultant
shall require, at the discretion of the
City
Risk Manager or designee, subcontractor(s) to enter into a separate S
ide
A
greement with
the
City
to provide required indemnification and insurance protection .
Any required
S
ide
A
greement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by
the
City
Risk Manager or designee
.
If no
S
ide
A
greement
is required,
the
Consultant
will be solely responsible 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
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
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
comp
lete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy
.
This requirement shall survive expiration or termination of this Agreement.
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C
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
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)
X
X
X
X
X
X
3. BSK Associates does work with
Clients who also have contracts with the City of
Fresno, including Provost & Pritchard; Blair, Church,
& Flynn; Carollo; and Forefront. BSK works as a
Subconsultant to these companies.
BSK Associates
691 N Laverne Ave, Suite 101
Fresno, CA 93727
Tim Rodriguez
October 2, 2024
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294041v1
EXHIBIT D
FEDERAL AND STATE
ASSURANCES
Consultant Service Agreement between City of Fresno (
City
)
and
BSK Associates
(
Consultant
)
1. The
Consultant
shall comply 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 the 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 the 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
.
INCLUDE 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 the 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 subconsultants/subcontractors must be approved in
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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 desirability of incurring such costs, three competitive quotations obtained in the manner prescribed in the
City
’s
Municipal Code Section 4
-
101(d) or 4
-
102 as applicable 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 maintain an inventory of all nonexpendable
property. Nonexpendable property is defined 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 conclusion of the Agreement, or if the Agreement is terminated,
the
Consultant
may either keep the equipm
ent
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
procedures; and credit
the
City
in an
amount equal to the sales price. If
the
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 t
o
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 value greater than $5,000
is credited to the project.
c.
The above provisions shall be included 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 federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continu ation,
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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 attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an emp
loyee of a Member of Congress; in connection with this
federal contract, grant, loan, or cooperative 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 representation 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 135
2, Title 31, U.S.
Code
.
Any 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 certification be included in all 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 employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), m ental
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 applicants for employment are
free from such discrimination and harassment
.
The
Consultant
and subcontractors
shall comply with the provisions of the 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 applicab le
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 nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
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APPENDIX A TO
EXHIBIT D
Consultant Service Agreement between City of Fresno (
City
)
and
BSK Associates
(
Consultant
)
(1)
The
Consultant
shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (REGULATIONS), which are herein in
corporated 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 a
nd 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 i n 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 potential 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 information, and its facilities as may be determined by STATE or Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required o
f
the
Consultant
is in the exclusive possession of another who fails or refuses to f
urnish 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 Agreement 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 enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event
the
Consultant
becomes involved in, or is th
reatened
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with, litigation with a sub
-
applicant or supplier as a result of such direction,
the
Consultant
may request STATE enter into such 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, percentage, brokerage, contingent fee, or other consideration, any firm or person (other 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 connection 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 law s, both
criminal and civil.
(Date)
(Signature)
BSK Associates
Tim Rodriguez
691 N Laverne Ave, Suite 101, Fresno, CA 93727
October 2, 2024
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294041v1
EXHIBIT
E
TASK ORDER
FORM
Consultant Service Agreement between City of Fresno (
City
)
and
BSK Associates
(
Consultant
)
TASK ORDER
_________
Title/Project:
Consultant:
City Project ID:
Task Order Description (Attach Scope of Work):
Task Order Work
Plan:
Task Order Deliverable:
Task Order Staffing:
Task Order Cost:
Task Order Period of Performance:
Task Order DBE Commitment:
Consultant Project Manager:
City Project Manager:
Authorized
Signatures
Consultant’s Authorized Representative
City’
s
Authorized Representative
Signature
Name: __________________________
Title: ___________________________
Date: ___________________________
Signature
Name:
__________________________
Title: ___________________________
Date: ___________________________
Attachments:
1. Scope of Work
2. Cost Proposal