ii. General Requirements
iii. Design Contingency
iv. Construction Contingency
v. Bonds and Insurance
vi. General Contractor Fee
The GMP shall not exceed the Progressive-Design-Build Budget. All redesign costs will be borne by the PDBE.
The City will review the GMP Proposal and provide comments. a. The Contractor shall reconcile, incorporate, or respond to all City comments. b. The City will need at least 30 days to review, reconcile, and amend the contract to include the Progressive-Design-Build Phase scope of work.
O. PROJECT CRITERIA
During the development of the GMP, the contractor will further develop the Project Criteria using the City provided Project Criteria documents. The contractor shall maintain a log of all changes to the Project Criteria documents and shall submit and review the log with the City during the weekly meetings.
The final, conformed Project Criteria documents shall incorporate all approved modifications and relevant supplementary documentation to fully describe the Project upon which the GMP is based. The conformed Project Criteria documents will serve, in part, as the scope of work for the future Progressive-Design-Build Phase of the Project.
P. SUBCONTRACTOR PACKAGE BUYOUT PLAN
Contractor shall prepare a subcontractor package buyout plan that includes a description of how they intend to approach subcontractor package buyout to maximize values and meet City procurement requirements. The plan shall outline the trade packages, buyout sequence, and anticipated dates of award. The buyout activities shall be included in the baseline project schedule.
Q. OTHER REQUIREMENTS
Deliverables requiring submission and review during the Preconstruction Phase, include, but are not limited to, the following:
Executive Summary
Project Schedule
Cost Estimates
Monthly Reports
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Elevator Evaluation for Compliance
Project Management Program
Project Program Report
Design Documents
GMP & Supporting Documents
Conformed Project Criteria
Subcontractor Buyout Package Plan
Commissioning Plan
Other items as applicable
GUARANTY
The PDBE guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.
PDBE hereby grants to Owner for a period of one (1) year following the date of final acceptance of the construction work completed, its unconditional warranty of the quality and adequacy of all of the work including, without limitation, all design, engineering, professional services, labor, materials and equipment provided by PDBE and its Subcontractors of all tiers in connection with the work.
Neither final payment nor use nor occupancy of the work performed by the PDBE shall constitute an acceptance of work not done in accordance wi1h this guaranty or relieve PDBE of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. PDBE shall remedy any defects in the work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of final acceptance of the work completed.
If within one (1) year after the date of final acceptance of the work completed, or such longer period of time as may be prescribed by laws or regulations, or by the terms of contract documents, any work is found to be defective, PDBE shall promptly, without cost to Owner and in accordance with Owner's written instructions, correct such defective work.
PDBE shall remove any defective work rejected by Owner and replace it with work that is not defective, and satisfactorily correct or remove and replace any damage to other work or the work of others resulting therefrom. If PDBE fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced. Design-Build Entity shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where PDBE fails to correct defective work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
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Inspection of the work shall not relieve PDBE of any of its obligations under the contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, PDBE shall, at its own expense, replace or repair any such equipment, material, or work found to be defective or otherwise not to comply with the requirements of the contract documents up to the end of the guaranty period.
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents.
The foregoing Guaranty is in addition to any other warranties of PDBE contained in the Contract Documents, and not in lieu of, any and all other liability imposed on PDBE under the Contract Documents and at law with respect to PDBE’s duties, obligations, and performance under the Contract Documents. In the event of any conflict or Inconsistency between the terms of this Guaranty and any warranty or obligation of the PDBE under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the PDBE.
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BUDGET DETAIL and PAYMENT PROVISIONS
A. COMPENSATION
The consideration to be paid Contractor, as provided herein, shall be full compensation for all of Contractor's services and expenses, direct or indirect, including costs incidental to providing the services.
Total compensation for the work of this Agreement shall not exceed the sum of $7,800,000.
The total compensation shall be based upon the following amounts when authorized for each phase contemplated under this Agreement exclusive of extra services. a. Preconstruction Phase $985,000.
Neither the City’s review, approval of, nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of actions arising out of the performance of this Agreement.
B. METHOD OF PAYMENT
Application for Payment shall be prepared on a form and in the format provided by the City.
Invoice shall include the contract number, the Project number(s), the Amendment number, Contractor's Federal Employer Identification Number (FEIN); and shall be submitted to the City, Project Management and Development Branch, attention of the project director.
Application for payment shall not be submitted more frequently than once monthly, in arrears.
Application for Payment shall be signed by an officer of the Contractor’s firm.
Upon receipt and approval of Contractor's invoices, the City agrees to make payment as follows:
a. For the Preconstruction Phase
Monthly payment for the percentage of work completed less 5 percent retention; the final 5% shall be paid upon acceptance and approval of the Preconstruction Phase by the City.
When the estimated amount to be retained exceeds ten thousand dollars ($10,000), and the retention continues for a period of 60 days beyond the completion of phased services, upon written request and at the expense of the contractor, the City shall pay the retention earned directly to a state or federally chartered bank in this state, as the escrow agent. (Pub. Contract Code § 6106.5.) See Public Contract Code section 6106.5, subdivision (e), for further requirements pertaining to subcontractors.
C. RATE ADJUSTMENT FOR COMPENSATION
The total compensation is set forth in Article 6 B. and is effective as of the date of approval of this Agreement by the City and shall be for the term of this Agreement. In the event that work is 796
suspended by the City for more than twelve consecutive months, the current compensation for work that has not yet been performed may be adjusted at the City’s sole discretion by no more than the Consumer Price Index for the duration of the suspension. However, the adjustment, if granted, shall never exceed three percent (3%) per year, and be calculated from the first year of the suspension and not from the effective date of the contract. 797
EXHIBIT B-1 CONTRACTOR’S TEAM
Firm Function/Discipline
Fortune-Ratliff Adam Myles, PDBE Executive Leader/ GC’s Project Executive Paul Halajian Architects Shaunt Yemenjian, Architect of Record’s Project Executive/Manager Paul Halajian Architects Paul Halajian, Architect of Record Paul Halajian Architects Rita Avila, Architect of Record’s Lead Architectural Designer Fortune-Ratliff Allen Jones, General Superintendent
Fortune-Ratliff Adam Myles, Preconstruction/ Design Manager Fortune-Ratliff Quincy King, Project Manager
Fortune-Ratliff Ron Donaldson, Preconstruction/ Project Estimator Fortune-Ratliff Allen Jones, Quality Control Manager
Fortune-Ratliff Al Fortune, Schedule Control Manager
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EXHIBIT B. GENERAL TERMS AND CONDITIONS
A. APPROVAL
This Agreement is of no force or effect until signed by both parties and approved by the City if required. Contractor may not commence performance until such approval has been obtained.
B. AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
C. ASSIGNMENT
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the City in the form of a formal written amendment.
D. INDEMNIFICATION:
To the fullest extent permitted by law in accordance with California Civil Code Sections 2782 and 2782.8, DBE shall protect, indemnify, defend and hold harmless City, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the DBE, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
Notwithstanding the above, nothing in this section shall be construed to require DBE to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence, or willful misconduct of an Indemnified Party.
PDBE shall pay City for any costs City incurs to enforce this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of DBE against City or any other Indemnitee.
Pursuant to Public Contract Code Section 9201, City shall timely notify DBE upon receipt of any third-party claim relating to the Contract.
The acceptance of PDBE’s services and duties by City shall not operate as a waiver of the right of indemnification. The provisions of this Section shall survive the expiration or termination of this Agreement.
E. DISPUTES
Contractor shall continue with the responsibilities under this Agreement during any dispute. 799
F. TERMINATION
The City reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor.
If the Agreement is terminated for convenience, the Contractor will be compensated for cost incurred up to the notice of the termination. In no event shall payment for such costs exceed the current contract amount. All costs shall be subject to audit by the City.
The City may immediately terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City The cost to the City shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand.
In the event of termination, whether for convenience or failure to perform, the Contractor shall deliver forthwith to the City all finished or unfinished studies, reports, special forms, schedules, designs, data, surveys, calculations, drawings, maps, models, photographs, electronic files and any other information pertaining prepared by the Contractor under the terms of this Agreement.
Thereafter, if the City should determine to complete the original Project or substantially the same Project, the City shall have the right to use any original tracings, drawings, calculations, specification estimates and other construction documents prepared under this Agreement by Contractor who shall make them available to State upon request without additional compensation.
G. INDEPENDENT CONTRACTOR
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City.
H. RECYCLING CERTIFICATION
Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post-consumer waste and secondary waste as defined in the Public Contract Code sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (Pub. Contract Code §§ 10233, 10308.5, 10354.)
I. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, 800
age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.
Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
J. CERTIFICATION CLAUSES: the CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
K. TIMELINESS
Time is of the essence in this Agreement.
L. COMPENSATION
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
M. GOVERNING LAW
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
N. ANTITRUST CLAIMS
Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes sections set out below.
The Government Code chapter on antitrust claims contains the following definitions:
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a. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the City or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of section 16750 of the Business and Professions Code.
b. "Public purchasing body" means the State or the subdivision or agency making a public purchase. (Gov. Code § 4550.)
In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it shall assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Gov. Code § 4552.)
If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (Gov. Code § 4553.)
Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (Gov. Code § 4554.)
O. CHILD SUPPORT COMPLIANCE ACT
“For any Agreement more than $100,000, the Contractor acknowledges in accordance with, that:
Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 of Part 5 of Division 9 of the Family Code (commencing with section 5200); and
Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.” P. UNENFORCEABLE PROVISION
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If any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
Q. LICENSING
Contractor, shall, without expense to the City be responsible for obtaining and maintaining any licenses and permits and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, as necessary for the prosecution of Contractor's work.
R. RELEASE OF INFORMATION
Contractor shall not make any public information release in connection with services performed under this Agreement without advance written permission of the City.
S. OWNERSHIP OF MATERIALS
All materials and documents developed in the performance of this Agreement are the property of the City. The City shall have unlimited rights, for the benefit of the City, in all drawings, designs, specifications, notes and other work developed in the performance of this Agreement, including the right to use same on any other City work at no additional cost to the City. Contractor agrees to and does hereby grant to the City a royalty-free license to all such data which Contractor may cover by copyright and to all designs as to which Contractor may assert any rights or establish any claim under the patent or copyright laws.
Contractor agrees to furnish and to provide access to the originals or copies of all such materials upon the request of the City. The City agrees to make no demand on Contractor for responsibility for the City’s use of such materials for any other City work which is not the subject of an agreement between the City and Contractor for such use. In the event the Contractor does not act as the Progressive-Design-Builder, the City agrees to make no demand on Contractor for responsibility for the City’s use of materials, that are not developed to establish the Performance Criteria for the Project, with any other ProgressiveDesign-Build contractor.
If the Contractor performs the work required under this Agreement with the assistance of (CAD) Technology, the Contractor shall deliver to the City, on request, a copy that contains the design files and shall specify format and the supplier of the software and hardware necessary to use the design files.
The City does not assume any obligation to employ the Contractor's services or pay Contractor royalties of any type as to future programs which may result from the work performed under this Agreement.
T. WAIVER
No waiver of any condition, requirement or right expressed in this Agreement shall result from any forbearance of the City to declare a default.
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U. BROKERAGE OR CONTINGENT FEES
Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon understanding or agreement for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or established commercial or selling agencies maintained by Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall, in addition to other remedies provided by law, have the right to terminate this Agreement without liability, paying only for the work actually performed, or otherwise recover the full amount of such commission, brokerage or contingent fee.
V. RELEASE OF CLAIMS
The acceptance by the Contractor of final payment shall be and shall operate as a release to the City of all claims and all liability to the Contractor for everything done or furnished in connection with this Agreement and for every act and neglect of the City and others relating to or arising out of this Agreement.
W. INSURANCE REQUIREMENTS
Note: The term “Vendor” is used as a placeholder in the following language examples.
Depending on the agreement and/or scope of work, alternate terms of Contractor, Consultant, Provider, Professional, Service Provider, or Hauler may be more applicable. Below are typically required insurance coverages.
Commercial General Liability
1. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $5,000,000.00 per occurrence, $5,000,000.00 general aggregate, and $5,000,000.00 products and completed operations. The policy shall include a per project or per location general aggregate endorsement. If a per project/location endorsement is not available, the limit for the general aggregate shall be doubled.
2. The policy shall allow and be endorsed as primary and not seek contribution from the City’s coverage.
3. The policy(s) shall provide and be endorsed to include, the City, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations.
4. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided to the City.
5. Coverage shall state that Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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6. Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.
Business Automobile Liability
1. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of not less than $5,000,000.00 per accident.
2. The policy shall provide and be endorsed that the City, its officers, officials, employees, agents, and volunteers are included or named as additional insureds.
3. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents.
Umbrella or Excess Liability
1. The limits of liability for commercial general liability and automobile liability may be provided through a combination of primary and umbrella or excess liability policies provided each policy complies with the requirements set forth in this agreement. Excess policies shall be follow-form to the underlying policies. Umbrella or excess policies shall include City and its officers, officials, employees, agents, and volunteers as additional insured.
Workers’ Compensation and Employers’ Liability - Statutory
1. Vendor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Vendor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $5,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee.
No proprietor, partner, executive officer, or member shall be excluded. In the alternative, Vendor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of City.
2. The insurer, if insurance is provided, or Vendor, if a program of self-insurance is provided, shall allow, and be endorsed to waive all rights of subrogation against City and its officers, officials, employees, agents, and volunteers.
3. The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Vendor does not have any employees.
Builders Risk Insurance
Builders Risk/Course of Construction insurance.
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a) The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. Policy shall be provided for replacement value on an "all-risk" or special causes of loss basis, including earthquake and flood. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include coverage for debris removal, and insure the building(s), structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project. The limits shall be sufficient to ensure the full replacement value of any property or equipment stored either on or off the project site or in transit. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. The policy shall allow for and include a waiver of subrogation endorsement in favor of the Insureds.
2. Vendor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City.
3. The Vendor shall be the named insured, and the City and subcontractors of any tier shall be named as insureds.
4. The policy shall allow and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents.
Installation Floater
1. For construction work not eligible for a builder’s risk policy, Vendor, shall provide an installation floater, covering the work performed under the contract or agreement, on a form at least as broad as Insurance Services Offices, Inc. (ISO) Causes of Loss - Special Form. The policy shall cover the labor, materials, and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. The policy shall allow for or include a waiver of subrogation in favor of the Insureds.
Professional Liability
1. Vendor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing professional services in the minimum amount of $5,000,000.00 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of the start of work, and Vendor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the work.
All Coverages
1. Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum 806
limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Vendor.
2. Each required insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice, has been given to the City, except those ten (10) days’ prior written notice shall apply in the event of cancellation for non-payment of premium. If a carrier will not provide the required notice of cancellation, the Vendor shall provide written notice to the City of a cancellation no later than 3 business days before cancellation.
3. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
4. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificate(s) of insurance evidencing compliance with the insurance requirements above. All required endorsements shall be attached to the certificate(s), including additional insured, waiver of subrogation, primary coverage, and notice of cancellation endorsements. The Vendor shall provide complete or certified copies of all required insurance policies if requested by the City.
5. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.
6. Hired Parties - Vendors who will use subcontractors or other parties to provide materials, services, or perform construction or other work for the Vendor must enter into a written and executed contract or agreement with each of its subcontractors, vendors, agents, subconsultants and/or any other parties, collectively, “hired parties”.
The contract or agreement must contain a defense, indemnification and hold harmless provision in favor of the City and its officers, officials, employees, and agents. The contract or agreement shall also cause the hired parties to comply with the insurance requirements required of the Vendor, including providing an additional insured endorsement for ongoing and completed operations in favor of the City and its officers, officials, employees, and agents. Vendor shall obtain certificates of insurance and additional insured endorsements from each of its hired parties and provide a copy to City upon request.
X. COMPUTER SOFTWARE USE
Contractor certifies that it has appropriate systems and controls in place to ensure that city funds shall not be used in the performance of this contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
Y. SUBCONTRACTING
Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any Subcontractors, and no sub agreement shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to 807
the City for the acts and omissions of its Subcontractors as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pay its Subcontractors is an independent obligation from the City’s obligation to make payments to Contractor.
Z. ADDITIONAL PROVISIONS
General:
a. These additional provisions shall apply to all work performed under the agreement by Contractor’s own organization and with the assistance of workers under Contractor’s immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.
b. Except as otherwise provided for in each Section, Contractor shall insert in each subcontract all the stipulations contained in these required Additional Provisions, and further require their inclusion in any subcontract. The required Additional Provisions shall not be incorporated by reference in any case. Contractor shall be responsible for compliance by any subcontractor with these required Additional Provisions.
c. A breach of any of the stipulations contained in these required Additional Provisions shall be sufficient grounds for termination of the Agreement. d. A breach of Additional Provisions, Section a, “General”, paragraph 2 may also be grounds for debarment as provided in 29 CFR 5.12.
Hours of Work:
a. Contractor to compensate contractor’s/subcontractors’ workers at a rate of one and one-half times the basic rate of pay for work performed in excess of eight hours per day/40 hours per week. Contractor or its subcontractor(s), as appropriate, shall forfeit $25, as a penalty to the City, for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code Sections 1810 through 1815.
Contractor shall perform work within an 8-hour shift (excluding lunch break) unless requested and approved in writing by the City’s Representative to work additional hours (overtime). 808
EXHIBIT C-1 CERTIFICATIONS
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
A. STATEMENT OF COMPLIANCE
Contractor has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) B. DRUG-FREE WORKPLACE REQUIREMENTS
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
Establish a Drug-Free Awareness Program to inform employees about:
a. the dangers of drug abuse in the workplace
b. the person's or organization's policy of maintaining a drug-free workplace c. any available counselling, rehabilitation and employee assistance programs d. penalties that may be imposed upon employees for drug abuse violations Every employee who works on the proposed Agreement will:
a. receive a copy of the company's drug-free workplace policy statement b. agree to abide by the terms of the company's statement as a condition of employment on the Agreement
C. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.) 809
D. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE – PRO BONO REQUIREMENT Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
E. LABOR CODE/WORKERS' COMPENSATION
Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) F. AMERICANS WITH DISABILITIES ACT
Contractor assures the City that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 810
EXHIBIT C. PREVAILING WAGE REQUIREMENT
The Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1774, the Contractor and every subcontractor, regardless of tier, shall pay not less than the specified prevailing wage rates to all workers employed in the execution of the Contract. In accordance with Section 1775, the Contractor shall forfeit to the City up to $200 for each day, or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work executed under the Contract by the Contractor or by any subcontractor, regardless of tier, in violation of the provisions of the Labor Code; and, in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to such forfeiture, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each day, or portion thereof, shall be paid to each underpaid worker by the Contractor. This provision shall not apply to properly registered apprentices.
A. Pursuant to Labor Code, Section 1770, the Director of the Department of Industrial Relations (DIR) has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for each craft required for execution of the Contract.
The Contractor shall obtain copies of the prevailing rate of per diem wages from:
Department of Industrial Relations
Division of Labor Statistics & Research
PO Box 420603
San Francisco, CA 94142-0603
(415) 703-4780
Or wage rates may be accessed on the internet at
http://www.dir.ca.gov/DLSR/statistics_research.html.
The Contractor is responsible to read, understand and comply with all the guidelines, including the fine print in the prevailing wage determinations; and shall post a copy of the prevailing wage rates, specific to the Project, at the Project site.
B. Wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein shall be construed as preventing the Contractor from paying more than the minimum rates set. No extra compensation will be allowed by the City due to the inability of the Contractor to hire labor at minimum rates, nor for necessity for payment by the Contractor of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing their Cost Sheet at the time of the bidding opportunity and will be applicable for the term of the contract.
C. If it becomes necessary to employ crafts other than those listed in DIR’s General Prevailing Wage Rate booklet, the Contractor shall contact the Division of Labor Statistics and Research as noted above. The rates thus determined shall be applicable as minimum for the contract and incorporated in the Cost Sheet. When the wage determination shows an expiration date (noted by a double asterisk**), to expire during the term of the contract, the Contractor must call or write the DIR to obtain the new rates and will have incorporated them into their Cost Sheet at the time of the bidding opportunity and will then be applicable for the term of the contract.
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D. The Contractor and each subcontractor, regardless of tier, shall keep an accurate payroll record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and/or subcontractor in connection with the Work. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as those forms. The Contractor's and subcontractor's certified payroll records for each employee shall be submitted with each payment request, covering the period of the payment request unless requested otherwise by the Labor Commissioner of the Department of Industrial Relations pursuant to Labor Code Section 1771.4(c)(2)(b). If this contract was awarded on or after April 1, 2015, monthly payrolls should be sent directly to the Department of Industrial Relations in the current prescribed electronic format. Refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html for access to the electronic Certified Payroll (eCRP) Application.
E. Labor Compliance Monitoring and Enforcement: This project is subject to monitoring and enforcement by the Department of Industrial Relations (DIR), Compliance Monitoring Unit if awarded after January 1, 2015. All Contractors and subcontractors, regardless of tier, shall be required to comply with the Monitoring and Enforcement Program, including, but not limited to, contractor registration, submittal of electronic certified payroll reports directly to the DIR and cooperation with on-site monitoring by DIR personnel. Refer to Labor Code 1771.4 et seq. 812
Executive Summary
Request for Qualifications from Prospective Progressive-Design-Build Entities For City of Los Banos Civic Center (RFP Response) Confidential Meeting Recap September 26, 2025
City of Los Banos
Attention: Stacy Souza Elms
Community & Economic Development
520 J. Street
Los Banos, CA 93625
Dear Ms. Elms
On behalf of Fortune-Ratliff General Contractors and Paul Halajian Architects, we would like to thank you and your colleagues for the opportunity to be considered for the Los Banos Civic Center Renovation Project. The confidential meeting provided us with an opportunity to better understand the goals and purpose of the project in greater detail. We came away with a strong sense that our attitude and approach as a team aligns with the City’s and that together we can deliver a successful project.
We believe that a short investigation effort would benefit the project to ensure that the approach described in the Indigo Report is well-founded. Our commitment to meeting and exceeding your expectations necessitates that we evaluate various development options to arrive at a project scope that will stretch every dollar spent on this project to its maximum value.
Life cycle cost analysis, true -“value engineering” and careful evaluation of design strategies are vitally necessary at project inception to ensure that the best approach has been identified.
What follows is a brief outline of how we will approach the project and some ideas that require consideration to ensure that public funds expended will bring about restrained and responsible civic improvements that will serve the community long into the future.
Understanding of the Project Scope
The City’s priorities for this project extend beyond simple modernization. The Civic Center must function as a centralized hub for public services, embodying transparency, accessibility, and efficiency. Key considerations include:
813
• Addressing the unreinforced masonry (URM) portion of the building through a true cost and safety comparison of retrofit vs. selective reconstruction. • Developing flexible, efficient space planning that reflects current department needs while accommodating growth, including new tenants such as the Building Department, Planning Department, Engineering Division and City Attorney. • Improving civic presence through enhanced streetscape and a clearly identifiable main entry, signaling the building’s role as the “heart of the City.” The priority is to maximize a cohesive and efficient workspace with identified funds. If other funds are available, enhancing the site and streetscape is a plus for the community. • Incorporating responsible sustainability strategies that prioritize long-term return on investment, leveraging the City’s Joint Powers Authority access to clean energy financing as an option.
• Ensuring infrastructure readiness for future growth—such as EV charging and solar canopy integration as options to explore.
• The project vision retains the same focus of revitalizing the Annex Building as the hub, internal improvements to City Hall, and removal of the former Police Station building.
Within our approach, we want to execute the most efficient and fiscally responsible program to meet the City’s needs and incorporate improvements that are needed, such as ADA upgrades to the Chamber of Commerce space. As part of our initial design strategy, we would like to evaluate the cost of new construction if deemed feasible within the same budget and time frame. Since the Indigo Report references New Construction costs as an evaluation, we feel it is vital to confirm the cost differences and allow the City to make a true informed decision if they desire. • As we conduct our building analysis and cost comparisons, we will also compare schedules and determine how the different means and methods related to design and construction impact the overall durations. Not only are costs determined but schedules and construction operations play an important role in deciding which proposed design schemes produce the best results.
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FR+PHA Project Approach
Our progressive design-build methodology emphasizes collaboration, transparency, and efficiency throughout every phase:
1. Pre-Design + Investigation
• Conduct structural, environmental, and geotechnical investigations within the first 30 days.
• Conduct workshops with City department heads to finalize program needs, adjacencies, and future consideration items.
• Provide cost comparisons and value analyses to guide decisions on URM, tenant improvement, and reuse vs. demolition of building and new construction [see diagrams attached].
2. Design Development
• Establish cost, time, and quality models early, continuously updating them with transparent reporting.
• Employ value engineering and clash detection to ensure constructability, control costs, which minimizes potential change orders. In this phase, cost concerns, if any will be identified. The FR-PHA Team will collaborate to identify cost-effective finishes, MEP systems, and means and methods of construction to generate savings based on functionality and appearance.
• Value Engineering studies will be performed at critical intervals. Value Engineering is a systematic and organized approach to providing the necessary systems and materials and finishes at the lowest cost without sacrificing performance, quality, or reliability, and is not scope reduction.
• Integrate space planning, systems furniture and interior design solutions early to maximize flexibility and efficiency.
3. Construction + Delivery
• Sequence mobilization and construction to minimize disruption to City operations. • Implement robust safety and quality control programs, backed by FRGC’s proven track record.
• Support phased occupancy and deliver a Civic Center that can be occupied while we move onto the interior renovations at City Hall. This will allow for less disruption to 815
• City Staff, allowing them less down time before they are ready to move to their new space.
Day One Strategy
Included in this Executive Summary is a diagram that we would like to use to describe one of the approaches we will take as an Owner, Architect, Contractor team from day one. We have carefully read the recommendations from the Indigo report about treatment for the URM portion of the existing building. We have conferred with a Structural Engineer with extensive experience of seismically retrofitting URM’s.
Mike Hubley with Vertech Engineering is ready to join the team if we determine with the City of Los Banos that preserving and seismically retrofitting the URM is the best strategy.
We would like to start by preparing some conceptual drawings and a conceptual construction cost estimate for two alternatives to this approach:
1) Evaluate Seismic Retrofit of URM
2) Evaluate Demolition of URM and replace with New Construction 3) Evaluate Demolition of URM and Adjacent Building and replace both with New Construction
If after evaluation it is determined that it would be feasible to build new construction and if this approach holds greater value to the City of Los Banos, we will present this alternative to the City.
Efficiency and greater Gross Square Footage [GSF] is another factor that will be evaluated.
We believe that the dimensions of the existing building do not efficiently accommodate contemporary systems furniture, and the layout will leave a significant amount of underutilized floor area. It is likely that a new building will provide greater efficiency, and we may be able to provide more offices, cubicle areas or public areas as part of that approach. Determining a budget for this alternate fits into our project timeline in PreDesign and Investigation. We feel it is imperative to explore viable options for the City of Los Banos.
What we understand most clearly from the Confidential Meeting is that the greatest factor in decision making by the City of Los Banos is value for the dollar. As Central Valley rooted General Contractor and Architect, we understand this perspective very well and will collaborate with the Team to always consider how we can provide the best value for the public dollars being invested in these projects.
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Alignment with City Goals
Our team is aligned with the City’s long-term vision:
• Economic Viability – Transparent cost models and comparisons that help the Council make informed choices.
• Civic Identity – A modern facility that strengthens the downtown fabric and signals its role as the community’s center.
• Safety & Resilience – Structural and environmental diligence that ensures community trust that the City and Contractor have the community’s best interest at heart.
• Sustainability & Future Readiness – Energy-efficient systems and infrastructure that support growth and reduce life-cycle costs.
• Local Investment – A verified plan to prioritize Los Banos vendors and labor, contributing to the City’s goal of capturing 70% of tax dollars locally.
Conclusion
FR+ PHA’s combined expertise, local knowledge, and history of successful collaboration uniquely position us to deliver a safe, functional, and inspiring Civic Center that reflects the City of Los Banos’ vision and values. By working collaboratively with City leadership, staff, and the community, we will deliver a project that is not only cost-effective and technically sound but also a lasting civic landmark.
See Attached Exhibits in reference to this Executive Summary.
Exhibit A – Proposed Project Schedule
Exhibit B – Site Layout Schemes, Options A, B, & C
Sincerely,
Fortune-Ratliff General Contractors, Inc. and Paul Halajian Architects ______________________________ ______________________________ Adam Myles, President (FRGC) Paul Halajian, Principal (PHA) 817
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818
ID Task Task Name Duration Start Finish
1 City of Los Banos Civic Center PDBE 523 days Thu 10/16/25 Mon 10/18/272 Award & Contracts 10 days Thu 10/16/25 Wed 10/29/253 Phase I Pre-Design & Project Start Up 27 days Thu 10/30/25 Fri 12/5/254 Design Kick-Off Meeting(s) 3 days Thu 10/30/25 Mon 11/10/255 Structural Investigation (Emphasis on URM)
0 days Thu 10/30/25 Thu 10/30/25
6 Topographic Survey 0 days Mon 11/3/25 Mon 11/3/257 Geotechnical Boring 0 days Wed 11/5/25 Wed 11/5/258 Conceptual Drawings for Analysis 10 days Mon 11/10/25 Fri 11/21/259 Estimating for Conceptual Drawings 10 days Mon 11/24/25 Fri 12/5/25 10 Meeting with City to Confirm Design
Direction
0 days Fri 12/5/25 Fri 12/5/25
11 Phase II Schematic Design 35 days Mon 12/8/25 Fri 1/23/2612 Schematic Design Drawings & outline specs
20 days Mon 12/8/25 Fri 1/2/26
13 Cityreview & input 10 days Mon 1/5/26 Fri 1/16/2614 SD Estimate 15 days Mon 1/5/26 Fri 1/23/2615 Phase III Design Development 35 days Mon 1/26/26 Fri 3/13/2616 Design Development Drawings & Specs from All Associates
20 days Mon 1/26/26 Fri 2/20/26
17 County review & comments 10 days Mon 2/23/26 Fri 3/6/2618 DD Estimate to Track Budget 15 days Mon 2/23/26 Fri 3/13/2619 Phase IV Construction Documents 150 days Mon 3/16/26 Fri 10/9/2620 Develop 50% CD's 15 days Mon 3/16/26 Fri 4/3/2621 Submit 50% CD's to County for comment 20 days Mon 4/6/26 Fri 5/1/2622 Check Budget Estimate 10 days Mon 4/6/26 Fri 4/17/2623 Develop 100% CD's including comments from the County
30 days Mon 5/4/26 Fri 6/12/26
24 Submit 100% CD's addressing all County
comments & resubmit on any back-check comments
20 days Mon 6/15/26 Fri 7/10/26
25 Obtain Building Permits & approvals from
AHJ's
20 days Mon 7/13/26 Fri 8/7/26
26 Develop Construction schedule for
approval with the County
10 days Mon 8/10/26 Fri 8/21/26
27 Design Review Float Time 35 days Mon 8/24/26 Fri 10/9/2628 Phase V Construction Phase (Per Design Intent)
266 days Mon 10/12/26 Mon 10/18/27
29 Submittals, Shop Drawings & Samples 40 days Mon 10/12/26 Fri 12/4/2630 Project on-site Mobilization 5 days Mon 10/12/26 Fri 10/16/2631 Interior Demo of Annex Bldg 20 days Mon 10/19/26 Fri 11/13/2632 Structural Shoring & Seismic retrofit 15 days Mon 11/2/26 Fri 11/20/2633 Rough MEP Services 80 days Mon 11/23/26 Wed 5/12/2734 Rough Framing and Structure 30 days Thu 3/4/27 Wed 4/14/2735 Interior Finishes 45 days Thu 5/13/27 Wed 7/14/2736 Finish MEPs & Fire Suppression 40 days Thu 7/15/27 Wed 9/8/2737 Exterior Improvements 20 days Thu 8/12/27 Wed 9/8/2738 Building Commissioning (Equip. Start Up) 15 days Thu 9/9/27 Wed 9/29/2739 Project Closeout (Punch List) 15 days Mon 9/20/27 Fri 10/8/2740 Demo Bldg Located at 945 Fifth St. 6 days Mon 10/11/27 Mon 10/18/27 10/30
11/3
11/5
12/5
October November December January February March April May June July August September October November December January February March April May June July August September October November TaskSplitMilestone
SummaryProject SummaryInactive Task
Inactive MilestoneInactive SummaryManual Task
Duration-onlyManual Summary RollupManual Summary
Start-onlyFinish-onlyExternal Tasks
External MilestoneDeadlineProgress
Manual Progress
FORTUNE-RATLIFF GENERAL CONTRACTORS, INC.
RFQ Los Banos Civic Center PDBE Draft Schedule
Project: Los Banos RFQ Civic CeDate: Fri 9/26/25
819
Option “A”
Evaluate Seismic Retrofit for URM
Renovate Existing
Utilize Existing Layout for New City Hall Annex
Retrofit URM Remodel
City Hall
Alley Entry Parking
Annex Entry
Option “B”
Evaluate New Construction to replace URM
Renovate Existing
Utilize Existing Layout for New City Hall Annex
New Construction Remodel New Construction
City Hall
Alley Entry Parking
Annex Entry
Option “C”
Evaluate All New Construction
Provide Pedestrian and Vehicle Access from J St.
Maximize Site Layout & Parking
Day One Evaluation Strategy
Diagrams Depicting Cost Evaluation Approach
City Hall
Parking Alley Exit
Annex Entry
Pedestrian and Vehicle
J StreetAlleyAlley
North
5th Street
6th Street
J StreetAlleyAlley
5th Street
6th Street
J StreetAlleyAlley
5th Street
6th Street
North North
820
Agenda Staff Report
TO: Mayor & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: June 17, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2026-2027
______________________________________________________________________ Recommendation:
That the City Council adopts the Resolution approving the Road Maintenance and Rehabilitation Account (RMRA) Proposed Project List for Fiscal Year 2026-2027.
Background:
The State of California passed Senate Bill 1 (SB1) to address basic road maintenance, rehabilitation, and critical safety needs at the state and local level. SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs.
To be eligible for RMRA funding, cities and counties are required to annually provide basic project reporting to the California Transportation Commission (CTC) by July 1, 2026, for projects anticipated for and funded through the RMRA. The approved maintenance and repair list for 2026-2027 Fiscal Year is currently being scheduled, and the project list is attached as Exhibit A, Exhibit B, and Exhibit C.
The work on the project list completed before June 30, 2027, will be reportable to the CTC by October 2027. A detailed project cost sheet will be prepared by staff for the expenditure reporting purposes to the CTC.
In addition to SB1 funding, the City can also utilize Measure V funding for street maintenance and rehabilitation projects. Measure V is a half-cent transportation sales tax approved by voters in 2016, and it will remain in effect for 30 years. The Measure V Expenditure Plan allocates revenue to both local and regional transportation projects and is administered by the Merced County Association of Governments (MCAG). The City is estimated to receive $1,620,000 of Measure V funding for Fiscal Year 2026- 2027.
821
ITEM 12
Discussion:
Public Works staff have identified local street maintenance and rehabilitation work scheduled for the 2026-2027 Fiscal Year and generated a project list for maintenance and repairs that qualify for SB1 and Measure V funding allocations. The project list has been generated utilizing our existing pavement management software (Streets Saver) and our asset management software (Cartegraph).
Exhibit A represents the SB1 crack seal schedule and lists over 60 streets scheduled for crack sealing to be completed by internal staff.
Exhibit B represents the Fiscal Year 2026-2027 road maintenance and rehabilitation plan funded by SB1 and Measure V funding, which is currently in design, with construction anticipated to begin in Spring 2027. Also listed in Exhibit B are road rehabilitations to be completed by internal staff.
The costs below include the projects listed for the 2025-2026 Fiscal Year SB1 projects (2025-2026 Road Rehabilitations Phase 1 & 2), that will be carried over into the next fiscal year. SB1 allows for projects to be carried over from one year to the next when reporting in October of each year.
In the Fiscal Year 2026-2027 budget, the Public Works Department has allocated $8.95 million dollars in street overlay improvements. $2.15 million is funded from SB1, $4.3 million is appropriated from Measure V, and $2.5 million is funded from the General Fund.
Included in the street overlay improvements, the Fiscal Year 2026-2027 Proposed Budget allocates $600,000 for the construction of ADA compliant curb ramps and corner improvements; funded with Measure V Alternative Transportation (Measure V Alt) Funds. Twenty percent (20%) of annual Measure V revenues are allocated to the Measure V Alt fund. This funding is used for alternative transportation options and is most frequently used for sidewalks.
SB1 funds have an estimated reserve balance of $1,734,978 after Fiscal Year 2026- 2027 improvements. Measure V funds will have an estimated reserve balance of $3,944,353 after Fiscal Year 2026-2027 improvements.
Fiscal Impact:
Adoption of this Resolution will allow the City to receive SB1 funding estimated by the State of California of $1,371,950.00. This funding, along with the maintenance and rehabilitation costs, has been included in the 2026-2027 Fiscal Year budget.
Reviewed by:
_____________________________ ___________________________ Nirorn Than, City Manager Minerva Moreno, Finance Director 822
Attachments:
1. Resolution
2. Exhibit A – SB1 Crack Seal Schedule
3. Exhibit B – Road Maintenance and Rehabilitation List
4. Exhibit C – Road Rehabilitation List Roll-Over List from FY25-26
5. Map of the Road Maintenance & Rehabilitation Plan
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RESOLUTION NO._______
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2026-2027
FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Los Banos are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Los Banos must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Los Banos, will receive an estimated $1,371,950 in RMRA funding in Fiscal Year 2026-2027 from SB 1; and
WHEREAS, this is the tenth year in which the City of Los Banos is receiving SB 1 funding and will enable the City of Los Banos to continue essential road maintenance and rehabilitation projects that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Los Banos used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most highpriority and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Los Banos, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in-part or solely with Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account revenues:
Project Title: Crack Seal
Project Description: Preservation of pavement by application of crack seal that prevents water from penetrating the existing pavement sections.
Project Location: Locations for FY 2026-27 (Exhibit A).
Estimated Project Schedule: Start July 2026 – Completion June 2027.
Estimated Project Useful Life: 5-7 years.
Project Title: 2027 Pavement Reconstruction/Rehabilitation Project Project Description: Application of asphalt overlay of existing pavement surfaces. Work includes isolated dig out and replacement of deteriorated pavement, and replacement of pavement markings and striping.
Project Location: Locations for FY 2026-27 (Exhibit B and C).
Estimated Project Schedule: Start July 2026 – Completion June 2027.
Estimated Project Useful Life: 10-20 years.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of June 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
826
Asset FROM TO Estimated
Start Date
Estimated
End Date PCI
Total
Estimated
Cost
Useful
Life
10573 Park Paxton Ct Park Warren East End 7/1/2026 6/30/2027 61 $ 2,000 5-7 yrs 10305-06 Cinnamon Teal Dr Brant Mallard 7/1/2026 6/30/2027 61 $ 4,000 5-7 yrs 10564 Park View Dr Park Sharon Park Warren 7/1/2026 6/30/2027 61 $ 2,000 5-7 yrs 10208 N Santa Ana St Santa Barbara Santa Lea 7/1/2026 6/30/2027 61 $ 2,000 5-7 yrs 10622 Kiwi St Willmott South End 7/1/2026 6/30/2027 61 $ 2,000 5-7 yrs 12004 Commerce Way Willmott Northend 7/1/2026 6/30/2027 61 $ 2,000 5-7 yrs 10303 Cinnamon Teal Ct Cinnamon Teal North End 7/1/2026 6/30/2027 62 $ 2,000 5-7 yrs 10421 Davis Ct Scripps West End 7/1/2026 6/30/2027 62 $ 2,000 5-7 yrs 10602 Citrus Ave Sunburst Chestnut 7/1/2026 6/30/2027 62 $ 2,000 5-7 yrs 10713 E St 2nd West End 7/1/2026 6/30/2027 62 $ 2,000 5-7 yrs 11265 Bentley Dr Windsor Waterford 7/1/2026 6/30/2027 63 $ 2,000 5-7 yrs 11323 Wood Duck Dr Widgeon Wood Duck Ct 7/1/2026 6/30/2027 63 $ 2,000 5-7 yrs 10996 Hillview Drive Monroe Ave Monroe Cir 7/1/2026 6/30/2027 63 $ 2,000 5-7 yrs 10475 La Purisma St San Luis Obispo Morena 7/1/2026 6/30/2027 64 $ 2,000 5-7 yrs 10458 Whittier Way Hastings Pepperdine 7/1/2026 6/30/2027 64 $ 2,000 5-7 yrs 10257-60 Cottonwood Dr Overland Driftwood 7/1/2026 6/30/2027 64 $ 8,000 5-7 yrs 10711 & 10718 Limetsone Blvd Larimar Travertine 7/1/2026 6/30/2027 64 $ 4,000 5-7 yrs 11291-94 Ancona St Palermo East B 7/1/2026 6/30/2027 65 $ 8,000 5-7 yrs 10027 Naples Ct Bella West End 7/1/2026 6/30/2027 65 $ 2,000 5-7 yrs 11075 Alps Drive Whitney Alps Ct 7/1/2026 6/30/2027 65 $ 2,000 5-7 yrs 11073 Bluff Ct Alps East End 7/1/2026 6/30/2027 65 $ 2,000 5-7 yrs 10746 N Rock Creek Silver Meadows Snowgoose 7/1/2026 6/30/2027 66 $ 2,000 5-7 yrs 10314-15 Wood Duck Dr Sprig Way Mallard 7/1/2026 6/30/2027 66 $ 4,000 5-7 yrs 10451 Hastings Dr Stanislaus Whittier 7/1/2026 6/30/2027 66 $ 2,000 5-7 yrs 10708 C St 8th East End 7/1/2026 6/30/2027 66 $ 2,000 5-7 yrs 10674 D St 7th 8th 7/1/2026 6/30/2027 66 $ 2,000 5-7 yrs 10639 First Street G F 7/1/2026 6/30/2027 66 $ 2,000 5-7 yrs 10112 San Simeone Way Del Rio La Mesa 7/1/2026 6/30/2027 67 $ 2,000 5-7 yrs 11343 Heron Way Heron San Luis 7/1/2026 6/30/2027 67 $ 2,000 5-7 yrs 10429-31 Mills Dr Pitzer De Anza 7/1/2026 6/30/2027 67 $ 4,000 5-7 yrs 10476-79 & 10481 Place Rd St Patricks South End 7/1/2026 6/30/2027 67 $ 10,000 5-7 yrs 11185 West M Street Maryland Iowa 7/1/2026 6/30/2027 67 $ 2,000 5-7 yrs 11079-80 Smokey Drive Whitney Mckinley 7/1/2026 6/30/2027 67 $ 4,000 5-7 yrs 10136 San Miguel Way St. Francis El Cajon 7/1/2026 6/30/2027 68 $ 2,000 5-7 yrs 10128 El Monte Ct San Ramon South End 7/1/2026 6/30/2027 68 $ 2,000 5-7 yrs 10026 Corsico Ct Bella West End 7/1/2026 6/30/2027 68 $ 2,000 5-7 yrs 11480-81 & 11496 Silver Meadows DrN Fallbrook N Creekside 7/1/2026 6/30/2027 68 $ 6,000 5-7 yrs 10237 N Santa Venetia St Laurelwood Santa Barbara 7/1/2026 6/30/2027 68 $ 2,000 5-7 yrs 11403 Abby Cir East B 7th 7/1/2026 6/30/2027 68 $ 2,000 5-7 yrs 10600 Manadarin Ave Pomelo 2nd 7/1/2026 6/30/2027 68 $ 2,000 5-7 yrs 10127 La Mesa Ln San Simeone San Ramon 7/1/2026 6/30/2027 69 $ 2,000 5-7 yrs 10881 San Bruno St San Lorenzo San Pedro 7/1/2026 6/30/2027 69 $ 2,000 5-7 yrs 11578 Onyx Way Limestone Felsite 7/1/2026 6/30/2027 69 $ 2,000 5-7 yrs 11505 Rockport Dr Stonehaven Fairmont 7/1/2026 6/30/2027 70 $ 2,000 5-7 yrs 10566-69 Park Sharon Dr Park View Greenbriar 7/1/2026 6/30/2027 70 $ 8,000 5-7 yrs 10171-73 Driftwood Ave Gumwood Cabernet 7/1/2026 6/30/2027 73 $ 6,000 5-7 yrs $ 136,000
CITY OF LOS BANOS
SB1 Crack Seal Schedule EXHIBIT A
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Hot Mix Overlay - Design & Reconstruction PCI
Estimated
Start Date
Estimated
End Date
Area
(SQ FT)
Cost
(SQ
FT)
Estimated
Cost (total)
Useful
Life
East B St Mercey Springs to Place Road 7 7/1/2026 6/30/2027 127,756 $ 6.50 $ 830,414 10-20 yrs Fairmont Dr Wimbledon Ct to Bentley Dr 1 7/1/2026 6/30/2027 96,192 $ 6.50 $ 625,248 10-20 yrs Page Ave Madison Ave to Monte Vista 20 7/1/2026 6/30/2027 128,094 $ 6.50 $ 832,611 10-20 yrs Canal Farm Ln Mercey Springs to Miller Lane 6 7/1/2026 6/30/2027 62,370 $ 6.50 $ 405,405 10-20 yrs F Street 3rd to 7th Street 9 7/1/2026 6/30/2027 87,676 $ 6.50 $ 569,894 10-20 yrs Stonewood Drive Willmott to Olivewood Dr 18 7/1/2026 6/30/2027 145,008 $ 6.50 $ 942,552 10-20 yrs West I Street Cardoza to Pacheco 18 7/1/2026 6/30/2027 157,409 $ 6.50 $ 1,023,159 10-20 yrs Monte Vista Ave Page to Eleventh St 15 7/1/2026 6/30/2027 66,528 $ 6.50 $ 432,432 10-20 yrs 871,033 $ 5,661,715
Internal Overlays - Rehabilitation PCI
Estimated
Start Date
Estimated
End Date
Area
(SQ FT)
Cost
(SQ
FT)
Estimated
Cost (total)
Useful
Life
Bay St Ash Ave to Birch Ave 21 7/1/2026 6/30/2027 24,320 2.00 $ $ 10-20 yrs 48,640 Cypress Pl Ash Ave to Birch Ave 23 7/1/2026 6/30/2027 25,840 2.00 $ $ 10-20 yrs 51,680 Date Dr Ash Ave to W I st 26 7/1/2026 6/30/2027 18,790 2.00 $ $ 10-20 yrs 37,580 W K St Maryland Ave to W I St 1 7/1/2026 6/30/2027 8,284 2.00 $ $ 10-20 yrs 16,568 Pioneer Rd City Limits to S 11th St 20 7/1/2026 6/30/2027 8,796 2.00 $ $ 10-20 yrs 17,592 Sherry Ct Zinfandel St to West End 4 7/1/2026 6/30/2027 15,353 2.00 $ $ 10-20 yrs 30,706 Grenache Ct Zinfandel St to West End 1 7/1/2026 6/30/2027 15,609 2.00 $ $ 10-20 yrs 31,218 116,992 $ 233,984
Total 988,025 $ 5,895,699
CITY OF LOS BANOS
ROAD MAINTENANCE AND REHABILITATION PLAN SB1/MEASURE V/GENERAL FUND 2026-2027
EXHIBIT B
828
Hot Mix Overlay - Reconstruction PCI
Estimated
Start Date
Estimated
End Date
Area
(SQ FT)
Estimated
Cost (total)
Useful
Life
PHASE 1
West I Street Pacheco Blvd to Arizona Ave 20 7/1/2025 6/30/2026 217,762 $ 1,197,691 10-20 yrs S Rockcreek Dr S Creekside Dr to Snow Goose Dr 0 7/1/2025 6/30/2026 19,152 $ 105,336 10-20 yrs Riverbrook Ct S Creekside Dr to North End 2 7/1/2025 6/30/2026 4,620 $ 25,410 10-20 yrs Sunstream Ct Snow Goose Dr to West End 4 7/1/2025 6/30/2026 11,760 $ 64,680 10-20 yrs S Fallbrook Dr Snow Goose Dr to San Luis St 7 7/1/2025 6/30/2026 29,624 $ 162,932 10-20 yrs Cool Springs Ct S Creekside Dr to East End 18 7/1/2025 6/30/2026 18,200 $ 100,100 10-20 yrs 301,118 $ 1,656,149
PHASE 2
Ortigalita Rd Pacheco Blvd to Cardoza Rd 7 7/1/2025 6/30/2026 170,140 $ 935,770 10-20 yrs Sequoia Way Eucalyptus Ct to Hemlock Dr 20 7/1/2025 6/30/2026 18,668 $ 102,674 10-20 yrs Hemlock Dr Cardoza Rd to Tamarack Way 23 7/1/2025 6/30/2026 17,654 $ 97,097 10-20 yrs Eucalytus Ct Birch Ave to Sequoia Way 23 7/1/2025 6/30/2026 12,948 $ 71,214 10-20 yrs Tamarack Way Hemlock Dr to Eucayptus Dr 26 7/1/2025 6/30/2026 16,094 $ 88,517 10-20 yrs Alberta St Birch Ave to North End+ 2 Courts 8 7/1/2025 6/30/2026 56,758 $ 312,169 10-20 yrs Hawthorne Dr Birch Ave to West I St 5 7/1/2025 6/30/2026 48,507 $ 266,789 10-20 yrs Ash Ave West End to West I St 0 7/1/2025 6/30/2026 34,518 $ 189,849 10-20 yrs H Street Second St to Nevada Ave 3 7/1/2025 6/30/2026 28,132 $ 154,726 10-20 yrs 403,419 $ 2,218,805
Total $ 704,537 $ 3,874,954
Note: Funding contribution is SB1 $1.1 mil and Measure V $3.3 mil.
CITY OF LOS BANOS
ROAD MAINTENANCE AND REHABILITATION PLAN SB1/MEASURE V
2025-2026
PREVIOUSLY PROPOSED AND APPROVED PROJECTS
EXHIBIT C
829
Street Pavement Plan
FISCAL YEAR 2025-2026
1 mi
N
➤
FISCAL YEAR 2026-2027 Street Pavement Plan
HOT MIX OVERLAY - DESIGN
& RECONSTRUCTION
INTERNAL OVERLAYS -
REHABILITATION
LEGEND
830
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Minerva Moreno, Finance Director
DATE: June 17, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Direction on Proposed Comparable Cities for the Market Rental Rate Study ______________________________________________________________________ Recommendation:
Receive staff report and provide direction regarding the proposed list of comparable cities to be used in the Market Rental Rate Study.
Background:
The Finance Department was directed by the City Council to issue a Request for Proposals (RFP) for a Market Rental Rate Study. The RFP was released on March 11, 2026, with proposals due on April 1, 2026.
The City, through the Office of the City Clerk, received two proposals. Following evaluation of the submitted proposals, the Finance Department presented a recommendation to the City Council on April 15, 2026, to authorize an agreement with BAE Urban Economics, Inc. (BAE) to conduct the Market Rental Rate Study.
During Council's consideration of the agreement, staff was directed to return with the proposed list of comparable cities that would be utilized in the study.
Discussion:
Following execution of the agreement, representatives from various City departments met with BAE to conduct a project kickoff meeting, discuss next steps, and review the proposed comparable cities to be utilized in the study. 831
ITEM 13
BAE evaluated numerous municipalities to identify communities that are most suitable for inclusion in the comparable market analysis. Based on that evaluation, BAE developed a recommended list of six comparison cities. The attached workbook outlines the proposed cities. Several municipalities that were initially considered were ultimately removed due to significant differences in demographics, population size, or the absence of comparable facilities.
As Council reviews the proposed list, the following considerations should be noted, although six comparison cities have been identified, not all may ultimately be used in the final analysis if sufficient comparable facilities or reliable data are unavailable.
In addition to public agency comparisons, BAE will incorporate private-market comparables, including event barns, social halls, churches, and similar facilities, where appropriate.
The proposed comparison cities are included in the attached workbook for Council review and consideration.
Requested Council Action:
Staff requests that the City Council provide direction regarding the proposed list of comparison cities by taking one of the following actions:
1. Approve the proposed list of comparison cities as submitted and direct staff and BAE to proceed with the Market Rental Rate Study; or
2. Provide suggested modifications to the proposed list of comparison cities and direct staff to work with BAE to revise the list before proceeding with the Market Rental Rate Study.
Fiscal Impact:
There is no additional fiscal impact associated with providing direction on the proposed comparison cities. The Market Rental Rate Study is being completed within the scope of the approved agreement with BAE Urban Economics, Inc.
Reviewed by:
_______________________________
Soknirorn Than, City Manager
Attachments:
1. Proposed List of Comparable Cities
832
City of Los Banos Market Rental Rate Study - Proposed List of Comparison Cities City
Approx. Driving
Distance from
Los Banos
Total Population
(2025, Esri)
Median HH Income
(2025, Esri)
Average Household
Size (2025, Esri)
Median Age (2025,
Esri) Facilities Available for Rent
Los Banos 49,955 $69,741 3.57 32.3
Livingston ~30 miles 14,701 $66,193 3.84 33.4 athletic fields, parks, buildings Turlock ~31 miles 72,919 $84,077 2.88 35.9 athletic fields, parks, buildings Chowchilla ~35 miles 18,864 $64,200 3.08 36.6 athletic fields, parks, buildings Atwater ~35 miles 32,234 $60,152 3.13 33.7 athletic fields, parks, buildings Merced ~36 miles 93,227 $55,921 3.08 31.4 athletic fields, parks, buildings Madera ~48 miles 68,206 $60,693 3.68 30.3 athletic fields, parks, buildings Potential cities considered but not recommended:
City
Approx. Driving
Distance from
Los Banos
Total Population
(2025, Esri)
Median HH Income
(2025, Esri)
Average Household
Size (2025, Esri)
Median Age (2025,
Esri) Facilities Available for Rent
Dos Palos ~17 miles 5,648 $53,003 3.27 33.1 one park only Firebaugh ~31 miles 8,202 $41,709 3.73 30.7 athletic fields, parks, buildings Patterson ~38 miles 26,136 $101,808 3.7 34.3 athletic fields, buildings 833