HomeMy WebLinkAbout32254Agreement No. 15-530
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1 CONSULTANT AGREEMENT
2 THIS AGREEMENT is made and entered into this t?.;H:-day of t:thrbuv 2015,
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by and between the COUNTY OF FRESNO, a political subdivision of the State of
California, hereinafter referred to as the "County", and the consulting firm of Mintier-
Harnish, a Limited Partnership, hereinafter referred to as the "Consultant".
WITNESSETH
WHEREAS, the Consultant has been selected to prepare an Environmental
Impact Report (EIR) on behalf of the County for a proposal submitted by the County of
Fresno. The Five Year Review of the General Plan and the Update of the Zoning
Ordinance hereinafter referred to as the Proposed Project consists of expanding the
current General Plan Five-Year Review and comprehensive Zoning Ordinance
Update process to address recent policy direction given by the Board of Supervisors,
address recent changes to State planning law and provide an update to the 2000
General Plan Background Report, prepare a Program Environmental Impact Report
(PEIR), and conduct additional public meetings with the Planning Commission and
Board of Supervisors. A copy of the Project Description is attached hereto as Exhibit
"A"; and
WHEREAS, the Consultant understands that the California Environmental
Quality Act (CEQA) requires that the EIR prepared for the project reflect the
independent judgment of the lead agency; and
WHEREAS, the Consultant understands that it must meet the requirements for
an interdisciplinary approach in the preparation of the EIR, as specified in Article 9 of
the CEQA Guidelines (Section 15120 -15132), and that the Consultant must have no
interest, financial or otherwise, in the outcome of the Proposed Project or any related
projects; and,
WHEREAS, the Consultant represents that it is qualified, able and willing to
prepare a legally adequate EIR and to otherwise deliver the necessary environmental
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C. Extra Services
(1) The parties understand that additional work, not
reasonably anticipated during the preparation of the Work Program proposal
submitted by the Consultant and approved by the County, may be necessary to
complete the Draft and/or Final EIR. The Parties further understand that it is not
possible to estimate accurately either the quantity or quality of comments that will be
received by the County during the public review period for the Draft EIR. The parties
agree that the County may authorize the Consultant to perform certain necessary
additional work as “Extra Services” pursuant to Exhibit “D” of this Agreement.
(2) The Extra Services which may be authorized are limited to
those subjects set forth in Exhibit "D", a copy of which is attached hereto and
incorporated herein by reference. The Consultant shall not perform any Extra
Services without prior written authorization from the Director or the Director’s
designee. The total charge for all such Extra Services shall not exceed the sum of
One Hundred Twenty-Five Thousand, Three Hundred and Fifty Dollars, ($125,350.00)
approximately 17% of the total amount of the base fee.
(3) Whether to authorize Extra Services is within the discretion
of the Director. Authorization may be granted only if additional information, further
analysis or other work is, in the reasoned opinion of the Director, required to complete
the Draft or Final EIR or related activities. However, if the services to be performed
could reasonably have been anticipated during the preparation of the Work Program
proposal, as determined by the Director, these services are not “Extra Services” and
shall be performed by the Consultant within the basic fee of this Agreement. Extra
Services may be authorized if the Director determines that the work proposed is
beyond the approved Work Program and the approval of the costs associated with the
Extra Services is acceptable to the County. The Consultant shall confirm with the
Director or the Director’s designee that the costs associated with the Extra Service
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has been approved prior to the performance of the Extra Services work by the
Consultant.
D. Consultant to Bear Expenses:
It is understood that the Consultant shall bear all expenses
incidental to the performance of its obligations under this Agreement.
4. Hold Harmless and Insurance
A. The Consultant shall hold the County, its Boards, Commissions,
officers, agents, and employees harmless and indemnify and, at County’s request,
defend the County, its Boards, Commissions, officers, agents and employees, against
the payment of any and all costs and expenses (including reasonable attorney fees
and court costs), claims, losses, damages, causes of action, lawsuits, and liability for
bodily and personal injury to or death of any person and for injury or loss of any
property resulting from or arising out of or in any way connected with any negligent or
wrongful acts or omissions of the Consultant, its officers, agents, and employees, in
performing or failing to perform any work services or functions provided for or referred
to or in any way connected with any work, services or functions to be performed under
this Agreement and against the payment of any and all costs and expenses (including
reasonable attorney fees and court costs), claims, losses, damages, causes of action,
lawsuits and liability for bodily and personal injury to or death of any person and for
injury or loss of any property.
B. Without limiting the County’s right to obtain indemnification from
the Consultant or any third parties, the Consultant, at its sole expense, shall maintain
in full force and effect the following insurance policies throughout the term of this
Agreement: (1) Commercial General Liability Insurance with limits of not less than One-
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. County
may require specific coverages including completed operations, products liability,
1 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be
2 executed as of the day and year first above written.
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CONSULTANT:
5 MINTIERHARNISH
1415 20TH TREET
6 SACR E T.O A ~5811
7 BY: ~~~~~~--------
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FEDERAL ID NO.: 2.4.., _3 {p:SQ2.3S
REVIEWED AND RECOMMENDED FOR
APPROVAL
BY: ~4:/'~
ALAN WEAVER. DIRECTOR
Department of Public Works and
Planning
ORG. NO.: 2540
SUBCLASS NO.: 10000
FUND NO.: 0001
ACCOUNT NO.: 7295
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COUNTY OF FRESNO
BOARD OF SUPERVISORS
ATTEST: BERNICE E. SEIDEL
Clerk to the Board of Supervisors
BY: c1\.fu ; C,._,tJ
Deputy
APPROVED AS TO LEGAL FORM
DANIEL CEDERBORG ~ Count,ouns~ { \-
BY: vc..v w.
Deputy
APPROVED AS TO ACCOUNTING FORM
VICKI CROW. C.P.A.
Auditor Controller/Treasurer Tax Collector
BY: JLLLt-
Deputy