AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSUL TANT SERVICES
THIS AGREEMENT is made and entered into effective the 25st day of April, 2017, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "CITY"), and Blair, Church & Flynn Consulting Engineers Inc,, a California Corporation (hereinafter referred to as "CONSUL TANT") .
RECITALS
WHEREAS, CITY desires to obtain professional Consultant services for the design of plans and general construction contract documents for Polk Avenue, Shaw Avenue to Gettysburg Avneue Widening Project, hereinafter referred to as the "Project;" and WHEREAS, CONSUL TANT is engaged in the business of furnishing services as a Professional Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, 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 CITY by its Public Works Department Director (hereinafter referred to as "Director") or his/her 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. CONSULTANT shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of CONSUL TANT shall consist of five Parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned Parts. By entry into this Agreement and upon CITY'S issuance of a written "Notice to Proceed," CITY contracts for the services in Part One. CONSUL TANT shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by CITY'S issuance of a written "Notice to Proceed." It shall, however, remain CONSULTANT'S offer to perform all remaining parts described herein. In the event CONSUL TANT performs services without CITY'S prior written authorization, CONSUL TANT will not be entitled to compensation for such services . (a) Part One. Schematic Design Phase.
(1) CONSUL TANT shall review the description of the Project set forth in Exhibit A and consult with designated representatives of CITY to ascertain the requirements of the Project.
(2) CONSUL TANT shall conduct studies and investigations as necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible CITY department/division that is available in CITY'S records and DPW-S 29.1 /03-24-14
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is required by CONSULTANT in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions and easements.
CONSULTANT shall notify CITY if a topographic survey is required. (3) CONSULTANT shall provide a preliminary evaluation of the Project taking into consideration CITY'S estimate of the cost of construction ("Construction Budget") of one million three hundred ninety four thousand and eight hundred dollars ($1,394,800), including alternative approaches to design and construction of the Project.
(4) Based upon the mutually agreed upon Project requirements and any adjustments authorized by CITY in the Construction Budget, CONSULTANT shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by CITY staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components.
(5) CONSUL TANT shall submit a preliminary estimate of construction cost for review and acceptance by CITY. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include CONSULTANT'S compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget.
(6) CONSUL TANT shall make as many submittals as may be necessary or desirable to obtain the acceptance by CITY and shall assist 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 CITY.
(7) CONSUL TANT may not rely upon any as-builts provided by CITY, but shall investigate the existing conditions and ascertain the adequacy of such as-builts for CONSULTANT'S design. CONSULTANT shall bring to CITY'S attention any discrepancies in the as-builts that are discovered by CONSUL TANT. CITY makes no representations regarding any as-builts.
(8) Services shall be undertaken and completed in a sequence assuring expeditious completion . All services shall be rendered and deliverables submitted within sixty three (63) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within fourteen (14) calendar days from receipt of CITY'S comments unless an extension of time is approved in writing by the Director.
(b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two:
(1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, CONSULTANT shall DPW-S 29.1 /03-24-14
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prepare for review and acceptance by CITY the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, CONSUL TANT shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as niay be required. Such design development documents and specifications shall be subject to review and acceptance by CITY.
(2) CONSUL TANT shall submit a revised estimate of construction cost for review and acceptance by CITY. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part 1 as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the revised estimate and CONSULTANT shall, at no additional cost to CITY, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by CITY. CITY shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in CONSULTANT'S compensation.
(4) CONSULTANT shall make as many submittals as may be
necessary or desirable to obtain the acceptance by CITY and shall assist 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 CITY.
(5) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within forty two (42) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within fourteen (14) calendar days from receipt of CITY'S comments unless an extension of time is approved in writing by_ the Director.
(c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed with this Part Three:
(1) CONSULTANT shall prepare from the accepted design
development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship , finishes and equipment, fixtures, and site work required. CONSUL TANT shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general DPW-S 29.1 /03-24-14
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construction contract forms. Such documents shall be subject to the review and acceptance by CITY. CONSUL TANT shall cooperate with, assist and be responsive to CITY'S Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. CITY'S Standard Specifications must be used by CONSUL TANT where possible. Final drawings shall be drawn, printed or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film,- or high quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by CITY shall be used by CONSUL TANT unless the Director determines they would be impractical for this Project. CONSUL TANT shall be responsible for assuring that the special conditions, technical specifications and any other documents prepared by CONSULT ANT are consistent with any documents regularly used by CITY that are used for this Project. (2) Upon request of CITY, CONSUL TANT shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) CONSULTANT shall make as many submittals as may be
necessary or desirable to obtain the acceptance by CITY and shall assist CITY in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to CITY.
(4) CONSUL TANT shall provide CITY with six (6) sets of completed plans and six (6) sets of completed specifications for review and final acceptance by CITY. Should the plans and specifications as submitted by CONSUL TANT not be accepted by CITY, CONSUL TANT shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to CITY.
(5) After acceptance of final corrections, if any, CONSULTANT shall provide CITY with one set of accepted reproducible tracings and bid documents for the Project. In addition, CONSUL TANT shall provide CITY with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: AutoCAD 2015.
(6) CONSUL TANT shall submit a final estimate of construction cost for review and acceptance by CITY. Such estimate shall be calculated as of the date all general construction contract documents are delivered to CITY in final form ready for reproduction and advertising . Such estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract.
(7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the final estimate . If CITY elects to reject the final estimate, CONSULTANT shall at no additional cost to CITY, make such design changes DPW-S 29.1 /03-24-14
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as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by CITY. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within twenty eight (28) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director.
Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within fourteen (14) calendar days from receipt of CITY'S comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase and if CITY elects to proceed to bid, which shall constitute a written Notice to Proceed with this Part Four:
(1) CONSUL TANT shall assist CITY in obtaining bids.
CONSUL TANT shall not communicate with potential bidders regarding this Project without the express prior written authorization of CITY'S Purchasing Manager. (2) CONSUL TANT shall, within 7 calendar days of any request by CITY, expeditiously draft and promptly provide addendum as determined by CITY to be reasonable or necessary for the bidding process.
(3) If the lowest responsible bid received for the general construction contract exceeds ·by 10% or more the final estimate of construction cost previously accepted by CITY, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, CONSUL TANT shall, within 14 calendar days of any request by CITY, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to CITY provided such bid is received within 180 calendar days after completion of services in Section 1 (c) of this Agreement. CONSUL TANT shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to CITY for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to CONSUL TANT from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more that 10%.
(e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five, and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through CITY'S designated Construction Manager for the Project:
(1) CONSUL TANT shall attend the pre-construction conference and, if called upon by CITY, act on CITY'S behalf in discussing the various aspects of the construction phase.
(2) CONSUL TANT shall review and recommend in writing to CITY acceptance or non-acceptance of shop drawings, equipment and material submittals of DPW-S 29.1 /03-24-14
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the general ·construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for CONSUL TANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by CITY, CONSUL TANT and the general construction contractor. (3) CONSUL TANT shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep CITY informed of the progress of the work. In the event that CONSULTANT'S visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, CONSUL TANT shall immediately advise CITY and document, in writing, the work CONSULTANT deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on .CONSULTANT'S best knowledge, information and belief, CONSUL TANT shall provide CITY a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, CONSUL TANT shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to CITY'S right to overrule CONSUL TANT.
(4) Upon written request by CITY, CONSUL TANT shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work.
(5) Upon written request by CITY, CONSUL TANT shall render written recommendations on change orders, claims, disputes or other questions arising out of the general construction contract, in a timely manner. Recommendations by CONSUL TANT in favor of a change order that is consequently accepted by CITY shall constitute approval by CONSUL TANT who shall then approve the change order in writing. CONSUL TANT shall not unreasonably withhold written approval in the event CITY accepts a change order that CONSUL TANT recommended to be rejected. In the event of any technical disputes, CONSUL TANT shall provide CITY with CONSULTANT'S written interpretation of the contract documents. The period for CONSUL TANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre construction conference as mutually agreed upon by CITY, CONSUL TANT and the general construction contractor. If CITY, CONSUL TANT and the respective general construction contractor are unable to mutually agree on such period for CONSUL TANT review, then CITY will make the determination and that determination will be final. (6) Upon written request by CITY, CONSUL TANT shall provide such design and specification services as may be requested by CITY to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by CONSUL TANT. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in CONSULTANT'S compensation.
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(8) Upon written request of CITY, CONSUL TANT shall assist CITY in the preparation of Progress Payment Estimates and other related construction reports. (9) CONSUL TANT shall provide CITY with two sets of original as-grade plans wet-stamped and signed by the CONSULTANT'S Engineer of Record for the Project submitted for final approval by the CITY's Building and Safety Services Division of the Development and Resource Management Department on all projects located outside the Right of Way.
(10) CONSULTANT shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the CITY, (iii) CONSUL TANT provided Request for Information responses, and (iv) any CONSULTANT bulletins, amendments or clarifications. CONSULTANT shall provide CITY with one set of vellum Record Drawings for the Project within thirty (30) calendar days from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within fourteen (14) calendar days from receipt of CITY comments unless an extension of time is approved in writing by the Director. In addition, CONSUL TANT shall provide CITY with one complete set of CAD/System disk files of Record Drawings in the following format: AutoCAD 2015.
2. CITY'S responsibilities. CITY will:
(a) Provide, upon request and cooperation of CONSUL TANT, access to, and make all provisions necessary to, enter upon public or private lands as required for CONSUL TANT to perform such services and inspections as are required in development of the Project; provided, however, if CITY is unable to obtain access to enter upon public or private lands, CONSUL TANT shall not be relieved from performing its services as to those public and private lands that are accessible. If CONSUL TANT notifies CITY that a topographic survey is required by CONSUL TANT in connection with the consulting services, then CITY will be responsible for conducting the topographic survey.
(b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto.
(d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release CONSUL TANT from its responsibility to make DPW-S 29.1 /03-24-14
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periodic site visits under Section 1 (e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITY. (f)
CONSUL TANT.
Prepare all change orders during construction in cooperation with (g) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANT'S best knowledge, information and belief.
(h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees.
(i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements.
U) Give reasonably prompt consideration to all matters submitted by CONSUL TANT for acceptance to the end that there will be no substantial delays in CONSULTANT'S program of work. For an acceptance, approval, authorization, a request or any direction to CONSUL TANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by CITY and signed on behalf of CITY by the Director.
3. Compensation.
(a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of one hundred six thousand and five hundred dollars ($106,500), and a contingency amount not to exceed fifteen thousand dollars ($15,000) for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSUL TANT in performance of such services.
(b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. Such statements shall be for an amount no greater than that attributable to the Part upon which CONSUL TANT is then engaged as provided in Section 3(c) below.
(c) For purposes of determining the division of the total compensation to CONSUL TANT as provided in Section 3(a) above, or should performance of any succeeding Part not be authorized by CITY as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five Parts of CONSULTANT'S performance as follows: Part 1 - 31.3%, Part 2 - 26.7%, Part 3- 22.6%, Part 4 - 3.5% and Part 5-15.9%.
Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to CONSULTANT.
(d) 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 CONSULTANT'S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an DPW-S 29.1 /03-24-14
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authorized representative for each party. CONSUL TANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d).
4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of CITY to CONSUL TANT upon the earlier of: (i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSUL TANT; (iii) 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, CONSUL TANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in t.he possession of CONSULTANT that are owned by CITY.
Subject to the terms of this Agreement, CONSUL TANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSUL TANT 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 CONSUL TANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY'S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSUL TANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach.
(d) Upon any breach of this Agreement by CONSUL TANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(e) CONSUL TANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSUL TANT fails to comply with any terms or conditions of this Agreement. (f) CONSUL TANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSUL TANT shall notify the Director or his/her designee 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 DPW-S 29.1 /03-24-14
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dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence.
(g) CONSUL TANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY'S option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding.
CONSUL TANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision.
5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSUL TANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSUL TANT shall not, without the prior written consent of 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 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 CITY.
(b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSUL TANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSUL TANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by CONSUL TANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use.
(c) If CONSUL TANT should subcontract all or any portion of the services to be performed under this Agreement, 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 CONSUL TANT represents to CITY that CONSUL TANT 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 DPW-S 29.1 /03-24-14
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this Agreement, CITY relies upon the skill of CONSUL TANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, CONSUL TANT shall indemnify, hold harmless and defend 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 CONSUL TANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If CONSUL TANT should subcontract all or any portion of the services to be performed under this Agreement, CONSUL TANT shall require each subcontractor to indemnify, hold harmless and defend 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, 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 CITY'S Risk Manager or his/her 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 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, CONSUL TANT 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 CONSUL TANT shall be withheld until notice is received by 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 CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSUL TANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by 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 CONSUL TANT shall not be deemed to release or diminish the liability of CONSUL TANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify 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 CONSUL TANT.
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Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSUL TANT, its principals, officers, agents, employees, persons under the supervision of CONSUL TANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, 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 CONSUL TANT and CITY prior to the commencement of any services by the subcontractor.
CONSUL TANT and any subcontractor/sub-consultant shall establish additional insured status for 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 1 O 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, CONSUL TANT 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, CONSUL TANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSUL TANT in such statement.
(b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSUL TANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSUL TANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSUL TANT 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, CONSUL TANT shall immediately notify CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder, CONSUL TANT shall not employ or retain the services of any person while such person either is employed by 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) CONSUL TANT 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.
DPW-S 29.1 /03-24-14
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(e) Neither CONSUL TANT, nor any of 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.
CONSUL TANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
(f) If CONSUL TANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSUL TANT 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 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, CONSUL TANT at its sole cost and expense shall:
(i) Immediately establish and maintain a viable and ongoing recycling program, approved by CITY'S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY'S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
(ii) Immediately contact 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. (iii) Cooperate with and demonstrate to the satisfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee. (b) Records of CONSULTANT'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to 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 CONSUL TANT 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 CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSUL TANT should subcontract all or any portion of the services to be performed under this Agreement, CONSUL TANT shall cause each subcontractor DPW-S 29.1 /03-24-14
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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 CITY, CONSUL TANT shall have provided evidence to CITY that CONSUL TANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSUL TANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSUL TANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
(d) CONSULTANT'S services pursuant to this Agreement shall be provided under the supervision of Karl E. Kienow, PE, and he/she shall not assign another to supervise CONSULTANT'S performance of this Agreement without the prior written approval of the Director.
12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSUL TANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows:
(a) 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) 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. CONSUL TANT 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 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.
CONSUL TANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSUL TANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSUL TANT 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.
DPW-S 29.1 /03-24-14
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(d) CONSUL TANT 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 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 CONSUL TANT should subcontract all or any portion of the services to be performed under this Agreement, CONSUL TANT 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, CONSULTANT is acting solely as an independent contractor. Neither CONSUL TANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSUL TANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that 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 CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSUL TANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSUL TANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSUL TANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSUL TANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of 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 CITY employment benefits, entitlements, programs and/or funds offered employees of 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, CONSUL TANT may be providing services to others unrelated to 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.
DPW-S 29.1 /03-24-14
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15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSUL TANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSUL TANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee.
(b) CONSUL TANT hereby agrees not to assign the payment of any monies due CONSUL TANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.
17. Compliance With Law. In providing the services required under this Agreement, CONSUL TANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local admini'strative 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 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 ~ny proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing DPW-S 29.1 /03-24-14
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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 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 CITY and CONSUL TANT.
I II
II I
II I
DPW-S 29.1 /03-24-14
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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: ~/4~ ,<":
Robert Andersen,
Assistant Director
Public Works Department
ATTEST:
YVONNESPENCE,CMC
City Clerk
By:~ m~
Deputy A) Yt 0 /,I/~ t; rie. ?r-
1' / '!,11,tY
No signature of City Attorney requirecl.
Standard Document #DPW-S 29.1 has
been used without modification, as certified
::the z,_:d /4/L
..,.nmGroh
Project Manager
Public Works Department
REVIEWED BY:~(j
Randy Bell, Manger
Public Works Department
Addresses:
CITY:
City of Fresno
Attention: Tim Groh,
project Manger
2600 Fresno Sr.
Fresno, CA 93721
Phone: (559) 621-8713
FAX: (559) 457-1006
Attachments :
1. 2.
Exhibit A - Scope of Services
Exhibit B - Insurance Requirements
Blair, Church & Flynn, Consulting
Engineers,
a California Corporation
By: ---L,~~~• ~~~-~====---
Name: Karl E. Kienow
Title: Vice President
[if corporation or LLC, Board
Chair, Pres. or Vice Pres.]
By: --.~JR
Name: Adam K. Holt
Title: CFO / Secretary
[if corporation or LLC, CFO,
Treasurer, Secretary or Assistant
Secretary.]
Any Applicable Professional License :
Number: C51615 ~--'--"--'-"--------- -
Name: Karl E. Kienow
Date of Issuance: 4 Feb 1994 ---------
CONSUL TANT:
Blair, Church & Flynn Consulting Engineers
Attention: Karl E. Kienow, PE,
Principal
451 Clovis Avenue, Suite 200
Clovis, CA 93612
Phone: (559)326-1400
FAX: (559)326-1500
3. Exhibit C - Conflict of Interest Disclosure Form
DPW-S 29.1 /03-24-14
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Exhibit A
SCOPE OF SERVICES
Consu.ltant Agreement between City of Fresno ("City")
And Blair, Church & Flynn Consulting Engineers ("Consultant") Polk Avenue Widening, Shaw Avenue to Gettysburg Avenue
PROJECT TITLE
Project Background
The City of Fresno plans to construct roadway widening and overlay pavement improvements for Polk Avenue , within the half-mile reach between Shaw Avenue and Gettysburg Avenue. The actual limits of the planned roadway widening and overlay pavement improvements for Polk Avenue are expected to extend from a point just south of the Shaw Avenue intersection, approximately 1,640 feet southerly to a point approximately 910 feet north of Gettysburg Avenue.
The roadway widening improvements will include new asphalt concrete pavement, concrete curb and gutter, and concrete sidewalks, with associated ramps and driveways, along portions of the west side of the project. New street lights will be included as part of the roadway widening improvements. No curbed median islands are planned to be included in the project. Instead, median areas will be delineated where necessary as part of pavement marking with thermoplastic pavement marking materials.
The City of Fresno's Active Transportation Plan identifies Polk Avenue as hosting a planned Class II Bikeway (Bike Lane). Therefore , it is expected that the proposed roadway widening improvements will include space and provisions for a bike lane. · In addition to the _roadway widening and overlay pavement improvements for Polk Avenue, the project will include storm drain pipelines, inlets and manholes in Polk Avenue from Shaw Avenue to Fairmont Avenue, a distance of approximately 640 feet, and in Shaw Avenue from Polk Avenue to Hayes Avenue, a distance of approximately 2,630 feet. Storm drain pipeline sizes will range from 18 inches in diameter, for lateral pipelines connecting inlets to the main storm drain, to 24 and 36 inches in diameter, for the main storm drain pipelines. The planned storm drain facilities are master planned facilities of Fresno Metropolitan Flood Control District (FMFCD), and storm drain design will be guided by FMFCD master plans.
There are reportedly no existing storm drain facilities within the project limits, except for a drainage inlet that was recently constructed at the southwest corner of Polk Avenue and Shaw Avenue. The existing drainage inlet was installed as part of the recent construction of the Quick Shine car wash facility. As part of this project, the existing drainage inlet will be connected to the proposed storm drain pipeline.
There is an existing Fresno Irrigation District (FID) pipeline known as the Teague School No. 46 pipeline in Polk Avenue , extending from a point approximately 1,310 feet south of Shaw Avenue to and beyond the southerly limit of the project. None of the proposed storm drain facilities in Polk Avenue will be located in the same area as the FID pipeline, and no conflicts are anticipated with the FID pipeline in Polk Avenue. Except for a roadway crossing where it first enters the roadway, the existing FID pipeline is generally aligned along the east side of Polk Avenue, where little or no project construction activity is planned, other than pavement grinding and overlay pavement construction. It is expected that the existing FID pipeline will be protected and preserved during project construction to remain in place.
The same existing FID pipeline facility also crosses Shaw Avenue at a point approximately 810 feet west ·of Polk Avenue, which lies within the area of the proposed storm drain pipeline in Shaw Avenue . The design of the proposed storm drain must be coordinated to account for the presence of the existing FID pipeline. Special design measures for the proposed storm drain, and / or modification of the existing FID pipeline, may be necessary to prevent any conflict between the two pipelines.
Polk A venue Widening
Shaw A venue to Gettysburg A venue
Scope of Engineering Services
Right-of-way acquisitions will be necessary in some areas where the roadway widening improvements will be constructed. According to City of Fresno estimates, a total area of 12,540 square feet of new right-of-way will be required for the project, with right-of-way being acquired from nine different host properties.
As is often the case for roadway widening projects, some relocations of existing utility facilities, particularly existing overhead utility facilities, will be necessary. It is also possible that some existing utilities may need to be lowered to ensure that adequate cover is provided with respect to ultimate finished grade. This project will include the evaluation and identification of necessary relocations of private utility company facilities, together with coordination by the City to facilitate the relocation of those conflicting facilities by the respective facility owners. Also, this project will include the evaluation, identification, design and construction of necessary relocations of conflicting City-owned facilities, such as water, sewer, street light, and traffic signal facilities, as necessary to accommodate the proposed roadway widening improvements. It will also include the adjustment of existing sewer manhole and water valve box frames and covers to match the finished surface of the new pavement for the proposed roadway widening and overlay pavement improvements.
Since the northerly limit of the project lies just south of the intersection of Polk Avenue and Shaw Avenue, it is expected that the project will not affect the existing traffic signals. However, it is likely that existing traffic signal loop detectors for northbound traffic approaching the intersection will be affected by pavement grinding and overlay pavement construction activities. This project will include reconstruction of affected traffic signal loop detectors.
An adopted Official Plan Line (OPL) document exists for Polk Avenue. It is expected that the configuration of the proposed roadway widening improvements, and the related right-of-way acquisitions, will generally conform with the roadway geometry indicated by the OPL.
Approach to the Work
This Project Work Plan is intended to provide for the design of the proposed roadway and storm drain improvements, including preparation of construction documents, and bidding and construction support.
Blair, Church & Flynn will provide the necessary engineering services for the design of the Polk Avenue Widening, from Shaw Avenue to Gettysburg Avenue, through a design process consisting of a Schematic Design Phase (30% design completion), a Design Development Phase (60% design completion), and a Construction Document Phase (90% and 100% design completion). Blair, Church & Flynn will also provide ·engineering services in support of the City's bidding, award, and construction management efforts.
The Schematic Design Phase will culminate in the submittal of a Schematic Design Report (SOR), along with full-size Geometric Approval Drawings (GADs). The GADs will incorporate City-supplied topography and right-of-way information. Geotechnical investigations will be done by others under separate arrangements with the City, and a related geotechnical report will be prepared and provided by the City. The geotechnical report will contain pavement structural section design recommendations, based on a City-supplied Traffic Index. The SOR will include recommendations for the design features to be implemented in the subsequent Design Development and Construction Document phases, and will identify any potential construction . conflicts with existing facilities and potential schedule conflicts, along with related recommendations. The SOR will also include copies of all correspondence to utilities, agencies, and special districts along with their responses; a copy of the geotechnical report; and a construction cost estimate.
Continued design efforts, through the Design Development Phase and the Construction Document Phase, will provide for the submittal of plans, specifications, and estimates (PS&E) at approximately 60% complete, approximately 90% complete, and 100% complete levels of design Polk A venue Widening
Shaw Avenue to Gettysburg Avenue
Scope of Engineering Services
completion. Each project submittal will include the incorporation of review comments resulting from City review of the previous project submittal. After approval of the 100% PS&E, final documents will be submitted for bidding.
Construction staging and traffic handling requirements will be included in the plans and / or specifications to facilitate work in the project streets and intersections while providing for safe traffic movement through the work area. Allowable work areas and lane closures will be identified, along with any specific time or hours of work limitations. The construction contractor will be required to implement the construction staging and traffic handling requirements in the development of the contractor's traffic control plans, and during the conduct of the contractor's traffic control operations.
The City of Fresno often provides topographic surveying by City forces in support of the engineering design of proposed City facilities. The City plans to do likewise for this project, and will provide all necessary surveys for the design of the proposed roadway and storm drain facilities, and for the acquisition of project rights-of-way. The topographic surveying provided by the City will also include complete information on the existing project rights-of-way and intersecting property lines for adjacent parcels.
The City of Fresno will prepare and process necessary California Environmental Quality Act (CEQA) documentation, as well as any other environmental documentation that may be necessary to comply with the requirements of various funding sources. It is expected that the level of CEQA documentation that will be required will be a Mitigated Negative Declaration.
Blair, Church & Flynn will provide to the City technical information derived from and prepared for the engineering design of the project, in support of the City's efforts for preparation and prpcessing of necessary environmental documentation.
Engineering Services Tasks
Blair, Church & Flynn will perform the tasks described in the following Engineering Services Task Outline.
ENGINEERING SERVICES TASK OUTLINE
PART 1 SCHEMATIC DESIGN PHASE
A PROJECT ADMINISTRATION
1. Prepare Project Management Plan, including:
a. Project team contact information for City and BCF
b. Emergency contact information
c. Project communications and filing policies
2. Prepare and maintain project design and construction schedule B. ENVIRONMENTAL DOCUMENTATION SUPPORT
1. Provide to City technical information developed for engineering design of the project. a. It is assumed that the level of documentation required will be a Mitigated Negative Declaration
C. SCHEMATIC DESIGN REPORT
1. Conduct coordination meeting with City staff
a. Present and distribute Project Management Plan
b. Review project design approach
1) Deliverable content for various completion stages
2) Deliverable review processes
c. Present project schedule, key milestones and critical path tasks Polk A venue Widening
Shaw A venue to Gettysburg A venue
2. Obtain topographic survey data provided by City
a. Incorporate topographic mapping
3. Obtain aerial photography provided by City
a. Stock photographic coverage dated 2015
4. Conduct detailed site investigations
Scope of Engineering Services
a. Compile photo documentation database for all project'frontages and existing improvements
5. Research and obtain utility information from utility companies and agencies a. Prepare and distribute utility notification letters requesting facility location records from all affected utility companies and agencies
b. Prepare utility research database
1) Include field investigation observations
2) Include information obtained from utility companies and agencies
6. Prepare schematic design plans (30% design completion) a. Incorporate topographic mapping provided by City
b. Incorporate right-of-way information provided by City c. Incorporate aerial photography provided by City
d. Incorporate utility information
e. Sufficiently detailed to define scope and extent of proposed improvements
7. Prepare schematic design construction cost estimate
8. Identify potential utility conflicts
9. Prepare and submit Schematic Design Report
D. SCHEMATIC DESIGN PHASE DELIVERABLES
1. Schematic Design Report, incorporating:
a. Topographic mapping and aerial photography provided by City b. Site investigation findings and documentation
c. Utility investigation findings and documentation
d. Geotechnical report provided by City
e. Half-scale schematic design plans and three full size sets of plans f. Schematic design construction cost estimate
PART 2 DESIGN DEVELOPMENT PHASE
A. PRELIMINARY (60%) PLANS, SPECIFICATIONS, AND ESTIMATE
1. Meet with city staff, as necessary, for review of the Schematic Design Phase submittal
2. Incorporate Schematic Design Phase review comments
3. Prepare preliminary plans
a. Cover sheet
b. Legend and index sheets
c. Typical sections
d. Construction details
e. Roadway plan and profile sheets
f. Storm drain plan and profile sheets
g. Street lighting plans
h. Pavement marking and signing plans
i. Construction staging and traffic handling requirements plans j. Utility relocation plans
1) City-owned utility facility relocations
Polk A venue Widening
Shaw A venue to Gettysburg A venue
2) FID facility relocations
Scope of Engineering Services
3) Show "dry" utility relocations to be done by private utility companies k. Traffic signal loop detector reconstruction plans
4. Prepare preliminary specifications
5. Prepare preliminary design construction cost estimate
6. Submit preliminary plans, specifications, and estimate a. Include check set from Schematic Design Phase review B. UTILITY COORDINATION
1. Submit preliminary plans to affected utility companies, agencies, & districts
2. Incorporate information and comments received from utility companies and agencies in construction plans
3. Identify utility conflicts
4. Include necessary relocations of facilities owned by City and FID as part of project a. For water, sewer, street light, traffic signal and irrigation facility relocations b. Incorporate relocations in project construction documents c. Where necessary, include lowering of facilities to provide adequate clearance to ultimate finished grade.
d. Relocation to be done as part of project construction
5. Coordination with utility owners to secure relocation of private "dry" utilities a. For private electric, gas and communications facilities b. City will provide coordination and applications as necessary for relocation of utilities c. Utility relocation to be done prior to proj_ect construction by respective utility owners d. Show proposed utility relocations to be done by private utility companies on utility relocation plans
C. DESIGN DEVELOPMENT PHASE DELIVERABLES
1. Preliminary plans (60% design compl~tion)
2. Preliminary specifications
3. Preliminary design construction cost estimate
PART 3 CONSTRUCTION DOCUMENT PHASE
A. DRAFT FINAL (90%) DESIGN
1. Meet with City staff, as necessary, for review of the Design Development Phase submittal
2. Address Design Development Phase review comments
3. Prepare draft final plans
a. Cover sheet
b. Legend and index sheets
c. Typical sections
d. Construction details
e. Roadway plan and profile sheets
f. Storm drain plan and profile sheets
g. Street lighting plans
h. Pavement marking and signing plans
i. Traffic control plans
j. Utility relocation plans
1) City-owned utility facility relocations
Polk A venue Widening
Shaw A venue to Gettysburg A venue
2) FID facility relocations
Scope of Engineering Services
3) Show "dry" utility relocations to be done by private utility companies k. Traffic signal loop detector reconstruction plans
4. Prepare draft final technical specifications
5. Prepare draft final design construction cost estimate
6. Submit draft final PS&E (90% Design Completion)
a. Include check set from Design Development Phase review B. FINAL (100%) PLANS, SPECIFICATIONS AND ESTIMATES
1. Prepare final plans
2. Prepare final specifications
3. Prepare final design construction cost estimate
4. Address draft final PS&E review comments
5. Submit final PS&E for approval (100% design completion) a. Include check set from draft final design review
6. Obtain approval signatures
C. CONSTRUCTION DOCUMENT PHASE DELIVERABLES
1. Draft final (90%) plans, specifications, and estimate
2. Final (100%) plans, specifications and estimate
3. Printed final plans, specifications and estimate for bidding
4. Digital final plans, specifications, and estimate
PART 4 BIDDING PHASE
A. BIDDING PHASE SERVICES
1. Attend pre-bid conference
2. Prepare addenda and clarifications
a. Assume 2 addenda at 6 hours each
b. Assume 6 bid questions at 1 hour each
PART 5 CONSTRUCTION PHASE AND GENERAL
CONSTRUCTION CONTRACT ADMINISTRATION
A. CONSTRUCTION PHASE
1 . Attend pre-construction conference
2. Review shop drawings and other contractor submittals a. Assume 15 submittals at 2 hours each
3. Review and respohd to contractor requests for information (RFls) a. Assume 12 RFls at 1 hour each
4. Review and provide technical information to City for construction contract change order requests
a. Assume 3 change orders at 8 hours each
5. Provide periodic construction site observation
a. Assume 3 site visits at 3 hours each
6. Review progress payments as requested
Polk A venue Widening
Shaw Avenue to Gettysburg Avenue
a. Assume 6 progress payments at 0.5 hours each
7. Prepare and Submit Record Drawings
Scope of Engineering Services
a. Incorporate information from construction contractor's as-built records b. Incorporate information provided by City
c. Incorporate as-built survey results
d. Assume 20 sheets at 2.5 hours each
SERVICES THAT ARE NOT INCLUDED:
1. Environmental studies and investigations
2. Preparation of a stormwater pollution prevention plan
3. Topographic, field boundary, or property corner surveys or preparation of records of survey
4. Preparation of construction contract documents other than the plans and the applicable portions of the bidding documents (Division I), those sections of the special conditions (Division IV) that specifically relate to this project, and the technical specifications (Division VI).
5. Attendance at public meetings other than any that may be described above
6. Coordination and design services related to the relocation of franchise utilities
7. Geotechnical investigations and reports
8. Preparation of right-of-way acquisition documents
9. Provision of title reports
Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno ("CITY) and Blair, Church & Flynn Consulting Engineers ("CONSULTANT") Pok Avenue Widening, Shaw Avenue to Gettysburg Avenue
PROJECT TITLE
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). 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 CONSULTANT'S profession. Architect's and engineer's coverage is to be endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSUL TANT, or any party the CONSUL TANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to 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, DPW-S 29.1 /03-24-14
(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.
OR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than:
(i) $100,000 per person;
(ii) $300,000 per accident for bodily injury; and,
(iii) $50,000 per accident for 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 CONSUL TANT 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
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSUL TANT shall also be responsible for payment of any self insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or
DPW-S 29.1 /03-24-14
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her 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. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSUL TANT 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 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 1 O 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded to 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 related to this Agreement, CONSULTANT'S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT'S insurance and shall not contribute with it.
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: CONSUL TANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) 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 (5) 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 DPW-S 29.1 /03-24-14
must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to 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 (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY.
CONSUL TANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSUL TANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
CONSUL TANT shall furnish 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 his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSUL TANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
DPW-S 29.1 /03-24-14
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
Polk Avenue Widening . Shaw Avenue to Gettysburg Avenue
PROJECT TITLE
YES*
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, relat.ed 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:
Item 3: Blair, Church & Flynn Consulting Engineers has
a number of clients that could potentially do business
with the City of Fresno including: the City of Clovis, the County of Fresno, Fresno Irrigation District, Fresno
Metropolitan Flood Control District, Clovis USO, Fresno USO and Central USO.
Signature
March 14, 2017
Date
Karl E. Kienow
(name)
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NO
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Blair, Church & Flynn Consulting Engineers
(company)
451 Clovis Ave, Suite 200
(address)
Clovis, CA 93612
( city state zip)