Economic Development Committee
August 4, 2025

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, August 04, 2025 at 4:00 PM
Roll Call: Eric Alvarez, Chair
Sue Zwahlen, Vice-Chair
Nick Bavaro, Member
Alternates: Rosa Escutia-Braaton, Chris Ricci, Jeremiah Williams, David Wright Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
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Joining the Committee meeting via Telephone
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PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters.

Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the - 2 -
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Committee Members and placed in the record but will not be read aloud during the meeting.

Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or committee member.

Consent

1. Consider the First Amendment for the Engineering Design Agreement with Westwood Professional Services, Inc. increasing the Agreement amount by $191,017 and forwarding to Council for approval. (Funding Source: California Department of Transportation Clean California Grant)
 Motion recommending the First Amendment with Westwood Professional Services Inc., Plano, TX, for Engineering Design Services increasing the - 3 -
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Agreement amount by $191,017, to a new total amount not to exceed $385,332, and forwarding to Council for approval.

CED; Eric Bonander, 209-577-5255, [email protected] Consent

2. Consider a Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and forwarding to Council for approval (Funding Source: Streets Capital Facility Fees and Water Fund)
 Motion recommending a Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and forwarding to Council for approval.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent

3. Consider the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, authorizing $73,171 for contingency, for a total payment amount not to exceed $804,884 and forwarding to Council for approval. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
 Motion recommending the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, authorizing $73,171 for contingency, for a total payment amount not to exceed $804,884 and forwarding to Council for approval.

PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent

4. Consider a Prequalified Local Consultant List for Civil Engineering Services for a period of five years and forwarding to Council for approval. (Funding Source: Various Capital/NonCapital Projects)
 Motion recommending a Prequalified Local Consultant List for Civil Engineering Services for a period of five years and forwarding to Council for approval.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] - 4 -
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NEW BUSINESS

5. Consider an Agreement for Engineering Design Services for the Tivoli dual use basin and park with Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674. (Funding Source: General Fund Loan and Community Facilities District Bonds)
 Motion recommending the Award of Proposal and Agreement for Engineering Design Services for the Tivoli dual use basin and park to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674, and forwarding to Council for approval.
 Motion recommending the issuance of an interfund loan in an amount not to exceed $446,674 from the Water Fund 4100 to the Tivoli CFD Fund 3255 for the purchase of Engineering Design Services for the Tivoli dual use basin and forwarding to Council for approval.

CED; Edgar Garcia, 209-577-5211, [email protected]

6. Consider a 2025 Guidance Manual for Development Stormwater Quality Control Manual and forwarding to Council for approval. (Funding Source: Stormwater Fund)  Motion recommending a 2025 Guidance Manual for Development Stormwater Quality Control Manual and forwarding to Council for approval.

ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 4, 2025
Date: August 4th, 2025
TO: Economic Development Committee
Eric Alvarez, Chair
Sue Zwahlen, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Downtown Revitalization Engineering Agreement Amendment CONTACT: Eric Bonander, Business Analyst,
[email protected], 209-577-5255
DESCRIPTION:

Consider the First Amendment for the Engineering Design Agreement with Westwood Professional Services, Inc. increasing the Agreement amount by $191,017 and forwarding to Council for approval. (Funding Source: California Department of Transportation Clean California Grant)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan Area of Focus: Quality of Life, Goal B: “Enhance pride in Modesto’s diverse neighborhoods and business districts by actively addressing blight and ensuring that community assets and amenities are wellmaintained and preserved.” BACKGROUND:

In 2019, the City of Modesto conducted citywide community surveys which identified blight as one of the most pressing issues for residents. On December 10, 2019, Council approved by Resolution No. 2019-555 the 2020-2025 Blight Abatement Strategy, developed through collaborations with community members, local partnerships, other agencies, and internal City departments. The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and further action to minimize and mitigate blight. The Blight Abatement Strategy was updated on July 22, 2005 by Resolution 2025-258.

The Department of Transportation (CalTrans) Clean California Local Grant Program1 is a competitive statewide fund created to enhance communities and improve spaces for public use, 1 Clean California Local Grant Program webpage: https://cleancalifornia.dot.ca.gov/local-grant-program #1..
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including beautification and cleaning of local streets, roads, tribal lands, parks, pathways, transit centers and other public spaces. The Program is part of the nearly $1.1 billion Clean California initiative and approximately $100 million is allocated for local communities as part of the Program Cycle 2 announced in 2022.

The Program aims to achieve the following goals:
 Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces.
 Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.
 Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation; and
 Advance equity for underserved communities.

On February 14, 2023, by Resolution No. 2023-058, Council authorized the submittal of application(s) to the Department of Transportation (CalTrans) Clean California Local Grant Program. The City of Modesto applied for the Program Cycle 2 grant with a project titled Downtown Revitalization that addresses blight concerns and revitalization efforts in Downtown Modesto. On November 7, 2023, CalTrans notified the City of their plans to issue an award of $3,129,000 in grant funds for this project. Following this notification, the City Council formally accepted the award on February 27, 2024, by Resolution No. 2024-078. The Program operates as a reimbursement and the grant project period ranges from September 15, 2023, through June 30, 2026.

The CalTrans grant will fund the Downtown Revitalization project which is primarily focused on the area known locally as Mural Alley located near the intersections of J street and 10 street in Downtown Modesto. The project proposes to reinvigorate the City’s mural culture by increasing lighting, resurfacing the space, and adding pavers to make the space more welcoming and accessible for the public to enjoy the public art.

On November 12, 2024, by Resolution No. 2024-406, Council approved the award of proposal and agreement for engineering design services for the downtown revitalization project to Westwood Professional Services Inc. (Westwood) for a total amount not to exceed $194,315.

The original scope of work included project management, topographic surveys, preliminary architectural conceptual designs, the creation of a roadway improvement plan, technical assistance, geotechnical investigations, utility coordination, the development of a mural master plan, and construction administration.

DISCUSSION:

Following the approval and execution of the original Agreement, Westwood began the initial phases of their preliminary engineering design work through a project walk, topographic and geotechnical engineering analysis of the Mural Alley site. Westwood has also submitted a preliminary 35% conceptual design of the improvements to the alley which would include permeable pavers, trash bin enclosures, and an artistic arch. The original scope of work only authorized the creation of one set of designs for the project area. An amendment to the Agreement would be required to provide the community and Council with multiple artistic options to choose from. At the request of staff, Westwood submitted a contract change order #1..
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request (attachment 3) which would authorize the firm to prepare two additional preliminary conceptual design options of the Mural Alley project.

During ongoing project management for the Clean California funded project, staff also reviewed the requirements and authorized budget for the downtown wayfinding sign updates. The current inventory of wayfinding signage was installed in 2005 and they will become inaccurate following the relocation of the Stanislaus Superior Courthouse from the old courthouse block to the new building opening in early 2026. A comprehensive downtown wayfinding program update will be required with the development of a wayfinding master plan that will standardize wayfinding for the City of Modesto. The document will specify the proposed locations for various wayfinding classification types serving as a guide for the implementation of directional signage. Westwood submitted an additional contract change order (attachment 4) to assist the City in updating and redesigning the current inventory of wayfinding signage as well as the development of a wayfinding master plan. Both change orders would be fully paid for through the CalTrans grant.

Modesto Municipal Code Section 8-3.2032 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.2043 (f) where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services. This amendment was to add additional scope of work to the contract that Westwood was already working on and therefore falls under the justification.

FISCAL IMPACT:

The anticipated amended contract cost of $191,017 will be funded through the grant award from CalTrans under the Clean California Local Grants Program within project number 101584. The funding of $51,000 for Wayfinding Signage and Community Markers will come from Task Number AU C – Wayfinding, $91,000 for Mural Master Plan will come from AU C – Mural Master Plan, and $49,017 for Preliminary Engineering will come from AU C – Mural Alley. Costs are recovered on a reimbursable basis through CalTrans.

Clean Cal Funding Categories
Project Items Funding Amount Amended Agreement Cost
Construction $2,167,000
Construction Engineering $325,000
Preliminary Engineering $391,000 $49,017
Mural Master Plan $91,000 $91,000
Wayfinding signage and Community
Markers
$51,000 $51,000
Anti-Litter Abatement $25,000
2https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TIT8FIRETA_CH3CICO_ART2CEP U_8-3.203FOBIPR
3https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TIT8FIRETA_CH3CICO_ART2CEP U_8-3.204EXFOBIRE
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Tamper Proof Bins $79,000
Total Agreement Amendment Cost $191,017
CEQA REQUIREMENTS:

CEQA review is not required for the engineering design phase of this project.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the First Amendment with Westwood Professional Services Inc., Plano, TX, for Engineering Design Services increasing the Agreement amount by $191,017, to a new total amount not to exceed $385,332, and forwarding to Council for approval.

Approved by:

Jessica Hill, Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment

2. Original Agreement

3. Contract Change Order 01

4. Contract Change Order 02

5. RES_2019_555

6. RES_2023_58

7. RES_2024_78

8. RES_2024_406

9. Levine Act Disclosure Form
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FIRST AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT (the “First Amendment”), made and entered into this _ day of , 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WESTWOOD PROFESSIONAL SERVICES, Inc , a Texas corporation hereinafter referred to as "Consultant".

This First Amendment is made with regard to the following recitals:

A. The City has determined that there is a need for engineering design services to initiate a downtown revitalization project which promote the City’s artistic mural culture.

B. On November 12, 2024, by Resolution No. 2024-406, Council approved the award of proposal and professional services agreement to the Consultant for engineering design and project management support for a total amount not to exceed $194,315.

C. The City and Consultant have worked on the initial set of preliminary designs for the aesthetic improvements to the alleyway near the intersections of J and 10th Street in Downtown Modesto, commonly referred to as Mural Alley.

D. The Downtown Revitalization Projected funded in partnership with the California Department of Transportation (CalTrans) also calls for the updating of the Downtown Wayfinding signage program.

E. The City would like to produce two additional Mural Alley design sets to provide to the community and Council for consideration prior to the start of the construction phase.

F. Consultant represents that it is qualified, willing, and able to provide the services to prepare two additional Mural Alley designs as well as the development of a #1..
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comprehensive Wayfinding update project.

G. The proposed cost of the additional designs and wayfinding program updates covered by the First Amendment will increase the total compensation allowed under the agreement by an additional $191,017 bringing the total Agreement compensation amount to a total not to exceed $385,332.

H. All other provisions of the Agreement shall remain in effect.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. Section 3, Compensation, of the Agreement is amended in its entirety to read as follows:

Consultant agrees to accept a sum not to exceed $385,332 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A", except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto.

Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.

City shall pay Consultant Net 45 Days via manual check.

2. Exhibit A, of the Agreement, is amended to include the following tasks and corresponding subtasks:
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Task 10: Additional Downtown Revitalization Project Designs:

Prepare two additional preliminary conceptual design options of Mural Alley per 35% City comments received on 02/18/2025 and in coordination with the Community and Economic Development Department, and color render them. Includes one round of revisions to address City and public comments. Includes preliminary ROM estimates (2 total) to accompany design options.

DELIVERABLES:
 PDF Copy of Digital renderings on Westwood title block.  ROM Estimates in PDF format
Task 11: Downtown Wayfinding Signage Program Update:

Subtask 11.1: Assess Existing Conditions, Needs & Current Practices The Westwood team will prepare an in-depth site analysis of the existing signage conditions of greater Downtown and the travel routes leading to it. This analysis will include Downtown traffic and parking patterns. The existing signage analysis report is anticipated to include the following:
 Recommendations for the consolidation, removal, or other practical and creative solutions to make all signage more effective across wayfinding, regulatory, informational and other signage.
 Review and assess the City inventory of wayfinding signage in the downtown area per the project limits shown below.
 Review and assess the potential wayfinding destinations in Downtown Modesto, taking into account their unique characteristics and demands.
 Identify user groups, specific needs and potential wayfinding difficulties (e.g., affecting individuals with disabilities, senior citizens and visitors)  Research and analyze industry best practices and current trends in the field of wayfinding signage, considering advancements in technology, design, and user experience to ensure the implementation of modern and effective solutions.

DELIVERABLES
 Electronic copies in PDF format of the following items:
o Assessment Report: A report reviewing and assessing the existing inventory of wayfinding signage within the City of Modesto, detailing the current conditions, locations, and any pertinent observations. An indepth analysis report evaluating the potential wayfinding destinations in Downtown Modesto, highlighting the unique characteristics and demands of each location, and providing recommendations based on the assessment. o User Needs and Difficulties Analysis: An analysis report identifying user groups and specific wayfinding needs, focusing on any potential difficulties encountered by different user types (e.g., individuals with disabilities, senior citizens, and visitors). This report should outline practical solutions to address these challenges effectively. o Best Practices and Trends Report: A report examining industry best practices and current trends in the field of wayfinding signage, showcasing #1..
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advancements in technology, design, and user experience. The report should include recommendations for implementing modern and effective solutions based on the findings.

Subtask 11.2: Design Signage Elements
The following items will be performed under this task:
 Recommend universal and cohesive design standards for wayfinding elements that reflect the City’s character consistent in color, font, materials, architectural elements, and graphics.

Recommendations should also consider street-level visibility (i.e., general lighting options), safety, maintenance, and replacement costs.
 Present schematic design concepts for wayfinding signs.  After review of the schematic proposals and selection of the desired proposal by the City, Westwood will submit one (1) complete design package that includes final design concept drawings in AutoCAD Format, including: exact dimensions, letter heights, materials, mounting details, color specifications and material performance standards with written statements regarding the rationale for design choices selected. Consultant shall ensure that all signage will be designed to use color specifications and material performance standards per Caltrans requirements.

DELIVERABLES
 Electronic copies in PDF format of the following items:
o Design Standards Recommendation Report: The report will consist of a comprehensive analysis of the existing wayfinding elements in Downtown Modesto, encompassing an examination of various aspects such as color, font, materials, architectural elements, and graphics. Moreover, the report will include an assessment of street-level visibility, offering recommendations for suitable lighting options, safety measures, and strategies to enhance visibility during both day and night. Additionally, the report will provide specific guidelines for maintenance and replacement, ensuring the durability and
cost-effectiveness of the proposed design standards. The report will also present a clear rationale for the design choices, providing detailed explanations of dimensions, letter heights, materials, mounting details, and color specifications. Furthermore, the documentation will include material performance standards, outlining their expected performance and durability in practical applications.
o Design Concepts: Develop three (3) distinct design concepts for wayfinding signs. Each design concept shall be developed and presented to City staff in detail, emphasizing key aspects and features of the proposed signage solutions. The presentation will provide comprehensive visuals and descriptions to facilitate an in-depth review by the City. The goal is to ensure that the City gains a comprehensive understanding of the proposed designs and can make informed decisions regarding the selection #1..
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of the desired design concept.
o Complete Design Package: The package will include the final design concept drawings presented in AutoCAD format. This package will provide detailed specifications such as exact dimensions, letter heights, materials, and mounting details to ensure precise implementation. Additionally, the package will outline specific color specifications and material performance standards in adherence to Caltrans requirements. The inclusion of written statements will offer an explanation of the rationale behind the design choices, providing insight into the decision-making process and ensuring transparency throughout the design phase.

Subtask 11.3: Develop Recommendations for Signage Type & Placement The Westwood team will provide the following items under this task:
 Recommendations for wayfinding signage types that should be added, replaced and/or consolidated.
 Develop a map of recommended wayfinding signage locations using GIS and/or aerial imagery.
 Identify design options to incorporate changeable directional signage for special events, community messaging, or marketing (Farmers Market, Graffiti Parade, etc.)  Prepare cost estimate for the fabrication, installation, and maintenance, including the number of sign types and locations.

DELIVERABLES
 Electronic copies in PDF format of the following items:
o Signage Recommendations Report: This report will encompass a detailed analysis of the existing wayfinding signage, offering recommendations for the addition, replacement, or consolidation of specific sign types. The report will highlight the rationale behind each recommendation, taking into account the unique characteristics and demands of Modesto. It will also outline how the proposed signage will contribute to the enhancement of the City's wayfinding system.
o Wayfinding Signage Map: A comprehensive map will be created using GIS resources or aerial imagery, illustrating the proposed locations for the recommended wayfinding signage. The map will clearly depict the optimal placements, taking into consideration factors such as visibility, accessibility, and practicality.
o Changeable Signage Design Options: The scope of work will encompass the identification and exploration of design options for incorporating changeable directional signage. This will include recommendations on how to integrate dynamic signage elements for special events, community messaging, or city marketing initiatives, such as Farmers Markets, Graffiti Parades, Concerts in the Park, and other similar events. #1..
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o Cost Estimate Report: The cost estimate report will provide a detailed breakdown of the projected expenses for the fabrication, installation, and maintenance of the recommended wayfinding signage. The report will include an analysis of the number of sign types and their respective locations, as well as potential cost-saving measures. It will also consider the incorporation of existing base posts, if applicable, into the project budget, ensuring the efficient allocation of resources.

Subtask 11.4: Wayfinding Master Plan
The Westwood team will provide the following items under this task:
 Compilation of all analysis, assessments, and recommendations into a comprehensive Wayfinding Master Plan document, including a detailed roadmap for implementation and proposed locations for different wayfinding classification types.

DELIVERABLES
 Electronic copies in PDF format of the following items:
o Wayfinding Master Plan Document: This pivotal deliverable will comprise a detailed report that systematically outlines the standardized wayfinding plan for Modesto. It will encompass easily understandable and comprehensive directions, catering to both visitors and residents, thus providing a clear, well- defined roadmap for the successful implementation of the Wayfinding Master Plan. Moreover, the document will specify the proposed locations for various wayfinding classification types, thereby serving as a practical guide for the implementation of the Wayfinding Master Plan across different regions within the city, initially in Downtown.

Subtask 11.5: Community Outreach & Presentations
The Westwood team will provide the following items under this task within the budgeted allocation and at the request of City staff:
 Consolidated Presentation Materials:
o Development of a comprehensive set of presentation materials, including visual aids and informative content, to facilitate effective communication of the Wayfinding Master Plan to relevant stakeholders during public meetings, ensuring a thorough understanding of the plan's objectives and strategies.
o Creation of a tailored set of presentation materials to support joint presentations by the Consultant and staff to committees and the Modesto City Council, effectively highlighting the key points of the Wayfinding Master Plan, emphasizing its significance and benefits for the City, and encouraging informed decision-making among council members and committee stakeholders.
 Engage in community outreach during the creation of the Wayfinding Sign Program, incorporating public feedback into the final recommendations.  Seek community input on needs, design elements, and subsequently final design recommendations.
 Participate in presenting the final Wayfinding Sign Program to the Modesto City Council. #1..
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DELIVERABLES
 Electronic copies in PDF format of outreach and presentation materials.  Solicit feedback identifying user groups and specific wayfinding needs at a City commission and committee meeting. One (1) meeting total.  Present three (3) design recommendations for feedback at City commission and committee meeting. One (1) meeting total.
 Present three (3) design recommendations for feedback to the Modesto City Council for consideration. One (1) meeting total.

Subtask 11.6: Construction Administration Support
Westwood and Team will provide construction administration (CA) support for the fabrication and installation of signage and traffic related components. This will include reviewing and approving construction drawings, shop drawings, material samples and observing installation of such items. The consultant will ensure that products are fabricated and installed per the specifications of the approved Wayfinding Plan. The following CA support is expected within the budgeted allocation and at the request of City staff.
 Provide clarification, as required, of construction documents and respond to contractor requests for information (RFIs).
 Review and approval of project submittals specified in contract documents.  We recommend the following construction observation site visits to verify conformance with the approved plans.
o Westwood limited to three (3) visits to review signage installation locations. o SKA limited to one (1) visit to review signage installation locations.  Westwood coordination with City and subconsultant regarding construction RFIs, submittals, and City requested construction site visits.
 Westwood attendance at virtual coordination meetings with Contractor & design team within the budgeted allocation and at the request of City staff.  Report summarizing process of strategies used during procurement and installation of wayfinding signage. The report will include a thorough overview of the oversight measures taken, challenges encountered, and solutions implemented during the construction and installation phases. Additionally, it will include documentation of the collaboration with construction teams, highlighting the successful integration of the signage within the city's infrastructure and built environment.

DELIVERABLES
 RFI’s in PDF format
 Submittals in PDF format
 Site visit reports in PDF format

2. EFFECT OF AMENDMENT.

Except as modified and amended by this First Amendment, all other provisions of the Agreement shall remain unchanged and in full force and effect. #1..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this FIRST AMENDMENT by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-__ , adopted by the Council of the City of Modesto on the ___ day of ________________ , 2025, and Westwood Professional Services, Inc has caused this FIRST AMENDMENT to be duly executed as of the Effective Date. #1..
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $100,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WESTWOOD PROFESSIONAL SERVICES, Inc,, a Texas corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that there is a need for engineering design services to initiate a downtown revitalization project.

B. Consultant represents that it is qualified, willing, and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
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1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project".

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City’s acceptance of and payment for all services authorized by City and Performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Requests for price increases shall be submitted by CONSULTANT in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year and shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year and shall be negotiated through the Purchasing Division.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $194,315 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A", except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all #1..
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work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.

City shall pay Consultant Net 45 Days via manual check.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities, and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the current, generally accepted, and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Chad Kennedy will be the person primarily responsible for the performance of the services referred to in this Agreement. The project manager responsible for daily coordination of the project will be Jesse Grafton. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty-five percent (25%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, upon final payment for services rendered, and may be used by City as it may require without any additional cost to #1..
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City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the final payment for services rendered under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. Any reuse or modification by City without the engagement of Consultant shall be at City’s sole risk and without legal exposure or liability to Consultant.

All materials, documents, data, or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement.

Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person #1..
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having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, #1..
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Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of #1..
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this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Westwood Professional Services, Inc.

Address: 2805 North Dallas Parkway Suite 150
Plano, TX 75093
Attention:Westwood Professional Services, Inc. General
Counsel
email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jessica Hill
Phone: (209) 577-5321

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies authorized to do business in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City.

The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy and ten (10) days prior if cancellation due to nonpayment of premium, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; vicarious liability for independent consultants and subcontractors; products and completed operations as applicable. (b) Automobile Liability insurance with limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a limit of liability of $1,000,000. (d) Professional Liability insurance with a limit of $1,000,000 per claim and policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.
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If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers except for worker’s compensation and professional liability coverages. Any insurance or self-insurance #1..
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maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or #1..
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all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final #1..
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payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

The Consultant shall hold the City, its officers, agents and employees, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages arising from third parties, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the proportional extent caused by any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement except for professional liability claims, for which Consultant shall have no reimbursement obligation for defense of professional liability claims. In no event shall the cost to defend charged to the Consultant exceed the design professional’s proportionate percentage of fault. Notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance. #1..
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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.

The court may set such fees in the same action or in a separate action brought for that purpose. A “prevailing party” need not assert affirmative claims to be considered a prevailing party, and a party that successfully defends against a claim in relative terms to the amount of the claim asserted shall be considered a prevailing party for the purposes of this section. In claims for money damages, the total amount of recoverable attorney’s fees, expenses, and costs shall not exceed the net monetary award or judgment of the prevailing party, if the prevailing party was the party seeking a monetary award or judgement.

19. ENTIRE AGREEMENT.
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This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of two (2) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.
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Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license. #1..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of ________________ , 2024, and Westwood Professional Services, Inc. has caused this agreement to be duly executed as of the Effective Date.
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________ BY: ____________________________ By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
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PROJECT APPROACH & SCOPE OF SERVICES
What Will We Do?
Task 1: Project Management
Project management is a crucial part of keeping scope of work, schedule, and budget running smoothly and will require frequent, thorough, and concise communication with the City and the design team. A well-run organizational meeting at the beginning of the project will clear up any unexpected issues before they arise. A meeting will be held with staff, during which our proprietary client communication program is started and the following typical items are discussed:
• Introduce staff and project partners.
• Review objectives of the project, scope of services,
deliverable expectations, project schedule, and milestones. • Confirm project parameters and limits of work.
• Collect available data and published material.
• Establish meeting and presentation schedules and
communication channels with all parties involved.
• Review and list all applicable design/planning standards, opportunities, and/or challenges anticipated.
• Coordinate with City departments, other agencies, and stakeholders.
• Review project budget and billing requirements.
• 1.1 Complete custom client communications program.

The following management responsibilities will be coordinated:
• 1.2 Project schedule at kick-off and after each project deliverable throughout duration of project.
• 1.3 Project kick-off meeting with City and design team. • 1.4 Site investigations.
• 1.5 Progress meetings, following each milestone submittal (35%, 60%, 90%, and 100% PS&E).

Deliverables
• PDF Exhibits, Meeting Agenda, and Meeting Minutes
Task 2: Topographic Survey
• 2.1 Temporary benchmarks will be set around the site, in locations with minimal risk of being demolished during
construction.
• 2.2 Perform cross-section survey of linear corridor at 25-foot intervals.
• 2.3 Perform topographic survey of all hardscape and
softscape, including grade breaks, high points, low points.

In flat areas, measure spot elevations in a grid pattern at 10-foot intervals.
• 2.4 Locate surface-visible utility features and improvements, such as signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA
markings, vaults, valves, meters, boxes, pedestals,
cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, standpipes, and the delineation of concrete,
asphalt, and brick surfaces. In addition to measuring the project site with traditional survey equipment, the site will be scanned with a terrestrial laser scanner, minimizing the need for supplemental trips to recover topography.
• 2.5 Trees 6” in diameter or larger will be located.
• 2.6 At manholes and accessible structures, measure invert elevation of all gravity storm drains and sewer pipes.

Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O’Dell Engineering shall indicate by notation on the
mapping deliverable.
• 2.7 Potholing of existing utilities.
• 2.8 Create existing ground Civil 3D TIN surface model. • 2.9 Prepare topographic survey base map drawing at a 1” = 20’ scale.

Deliverables
• Digital Copy of the Topographic Survey Base Map Drawing in AutoCAD Civil 3D 2022
• PDF of Topographic Survey on O’Dell Title Block
• Points File in PNEZD Format
Task 3: Preliminary Engineering (35%)
Preparation of preliminary conceptual design will be led by an O’Dell licensed landscape architect. The design team will prepare a conceptual layout for City review and comment that is anticipated to include the following items: Proposed project limits, ADA improvements, preliminary striping, arch locations and design, and site amenities. Conceptual documents may include the following graphics and exhibits:
• 3.1 Conceptual site design in full color
• 3.2 Conceptual section/elevations of arch and alley
• 3.3 Precedent imagery
• 3.4 ROM cost estimate
Deliverables
• Electronic copies in PDF (Hard copies available upon request) Task 4: Roadway Improvement PGans
Following approval of the 35% conceptual design layout, O’Dell will lead the design team in the creation of the project improvement plans. Submittals are intended for the 60%, 90%, and 100% Final.

Plans for this project are intended to include the following, including routine information normally required by the City, which includes:
• 4.1 Cover Sheet with Project Data
• 4.2 Notes Sheet
• 4.3 Existing Conditions Plan
• 4.4 Demolition Plan(s) Based off Topographic Survey Base File
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PROJECT APPROACH & SCOPE OF SERVICES
• 4.5 Erosion Control Plan(s)
• 4.6 Grading and Drainage Plan(s)
• 4.7 Signage and Striping Plan(s)
• 4.8 Layout and Horizontal Control Plan(s)
• 4.9 Construction Details Including City Standard Reference Details, Custom Arch Details for One Arch Design, Standard Construction Details, Roadway Section/Elevations
• 4.10 Electrical Site Plan(s), Plan Specifications, & Calculations • 4.11 Structural Foundation Plans
• 4.12 Structural Framing Plans/Elevations, Details, Notes, and Plan Specifications
• 4.13 Preliminary Cost Estimates at 60% & 90%, and Bid Estimate for Final Submittal
• 4.14 Technical Specifications Including Table of Contents Spec Outline (60% Submittal), Full Technical Specifications (90% and 100% Submittal (Excluding Division 00), and Bid Item List and Descriptions
• 4.15 Includes One Complete Revision at the 60% Submittal to Address Composite Plan Check from City
• 4.16 Stormwater Quality Control Plan
• 4.17 QA/QC at each submittal
Deliverables
• PDF and ACAD Formats and Hard Copies (Up to 5 Sets)
Task 5: Additional Technical Assistance
at City Request
• 5.1 Additional design/supporting exhibits as requested by the City in writing prior.
• 5.2 Pre-Construction Monument Preservation
» Perform a field survey to locate monuments that may
be disturbed by construction. » Establish durable reference ties to monuments located outside of the presumed construction limits. » Prepare and submit a Record of Survey map or corners records to Stanislaus County, allowing the
public agency to comply with the pre-construction
monument preservation requirements Section 8771 of
the Professional Land Surveyors’ Act.
• 5.3 Optional geotechnical percolation testing two (2) test and percolation comments on the infiltration characteristics of the subgrade soil of percolation tests.
• 5.4 PG&E applicant design
Deliverables
• PDF Copy of Final Record of Survey Map or Corner Records • Updated Digital Copy of the Topographic Survey Base
Map Drawing in AutoCAD Civil 3D 2022 with the Location
of the Potholed Utilities
• Updated PDF of Topographic Survey on O’Dell Title Block with the Location of the Potholed Utilities
• Points File of Potholed Utilities in PNEZD Format
Task 6: Geotechnical Investigation
• 6.1 The Geotechnical Engineer will obtain an encroachment permit, prepare and coordinate traffic control, and contact USA. A field exploration site visit will be conducted by a licensed drilling subcontractor to perform borings/cores utilizing hollow stem auger techniques to a depth of 2 to 3 feet within the project area. Boring log data will be captured. • 6.2 Geotechnical lab test will be performed to review stability characteristics of the pavement subgrade and R-values.
• 6.3 The Geotechnical Report will include the following: » A description of the investigation, including a site plan showing the locations of the exploration points. » A description of the site surface and subsurface conditions encountered during our field investigation,
including boring logs. » A summary of the field exploration and laboratory testing programs. » Comments on subsurface soil and groundwater conditions encountered and potential impact on
design and construction. » Summary of measured pavement structural section thicknesses and subsurface conditions encountered
during the field investigation. » Recommendations for demolition, reuse of concrete grindings, site preparation, and earthwork grading to
support new pavement. » Recommendations for over-excavation of unsuitable soils (i.e., loose random fills, soft subgrade soils,
expansive clay soils, etc.), as applicable. » Recommendations for soil stabilization, as applicable. » Recommendations to aid in design of a concrete paver structural section.

Deliverables
• Draft and Final Report in PDF
Task 7: Utility Coordination
• 7.1 Generate and send out utility “A” letters including the following: » Exhibit “A” plan of project area
» Record information request and notice to all utility
owners affected by project. » Continued coordination of all utility agencies through completion of final design
Deliverables
• Utility “A” Letters and Exhibit
• As-Built Plans from Utility Providers in PDF
Task 8: Mural Master PGan
• 8.1 In coordination with the City and stakeholders, the architect will develop a comprehensive Mural Master Plan with the following approach:
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PROJECT APPROACH & SCOPE OF SERVICES
• 8.2 Three (3) 2-Hour In-Person Workshops Guided by
ARCHITECHNICA with Draft Master Plan
• 8.3 Creation of a “Mural Action Plan” or MAP that will be an Updated Version of the “Historic Resources” Map
Provided in the RFP and Will Identify the Location of Existing Murals, Public Art Installations, and Traffic Light Utility Boxes • 8.4 Final Master Plan
Deliverables
• Electronic/Printed Copies of Mural Master Plan, Meeting Notes, and the MAP
Task 9: Construction Administration/
Consulting
• 9.1 Assist City with bidding process.
• 9.2 Attend pre-construction meeting.
• 9.3 Assist City with review and approve contractor’s
schedule, RFIs, and submittals/shop drawings.
• 9.4 Assist City with review contractor change orders. • 9.5 Construction site visits with follow-up memos (Up to 3 visits).
• 9.6 Punchwalk with follow-up memorandum (1 site visit).

Deliverables
• Submittal and RFI Responses in PDF
• Site Observation Memorandums in PDF
• As-built Drawings in PDF and ACAD
Client to Provide
• Client to provide fees.
• Client to provide site access.
• Client to provide USA requests.
• Existing utility records, including as-builts, record drawings, plans, or GIS information, knowingly possessed by or
available to client.

Assumptions
• CAD deliverables will be prepared using the software noted above. Client shall verify compatibility prior to the start of work.

Additional charges and delays may apply if changes are
requested after the preparation of deliverables has begun. • Survey deliverables will be based on the City of Modesto horizontal datum (per 22-S-051) and the NAVD88 vertical datum using City of Modesto benchmarks. A survey control statement will be provided, including the location, elevation, and description of the benchmark utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points. • Obstructed or inaccessible areas may not be mapped.
• Assumes improvement plan is one phase and will not be broken into additional phases.
• Assume additional parking studies/design efforts within Clients existing property limits only.
• Pricing subject to increase based on PGE Globals provided after application and JT Intent and Form A
• Assumes geotechnical field work will be performed during daylight hours between 7 a.m. and 4 p.m.

Exclusions
• Mapping of small trees, shrubs, or other minor vegetation • Research, mapping, potholing, locating, or any other form of subsurface utility investigation or verification (unless accepted under task 5)
• Fees, permits, or processing of permits
• Survey monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act (unless accepted under task 5)
• Boundary surveying as defined in Section 8726(c) of the Professional Land Surveyors’ Act
• Preparation of land description packages or other
property/right-of-way acquisition documents
• Special title research, preparation of chain-of-title, and research of documents not maintained in the records of the County Surveyor or County Clerk and Recorder
• Preparation of a record-of-survey map or corner record • Mapping of small trees, shrubs, or other minor vegetation • Modifying/Updating City standard details
• Utility extensions beyond 100 feet from the project site • Utility designs beyond connections/meters located outside of buildings
• Field supervision of construction forces
• Preparation of environmental documents
• Off-site utility analysis
• Off-site improvement plans, studies, or investigations • Traffic control plan and traffic signal design
• Structural, mechanical, and other engineering design
• Dust control plan
• Construction staking
• SWPPP development and QSP services
• PG&E applicant design/PG&E design for gas (unless
accepted under Task 5)
• Street lighting photometric studies
• Traffic signal design
• Temporary electric service for construction trailer
Note
• Land surveyors, civil engineers, landscape architects, geotechnical engineers, electrical engineers, structural engineers, and architects are licensed by the State of
California.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 12, 2024
Date: October 22, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Downtown Revitalization Engineering Agreement
CONTACT: Sean M. Rando, Business Analyst,
[email protected], 209-577-5473
DESCRIPTION:

Consider approving an Agreement for Engineering Design Services for the Downtown Revitalization Project to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $194,315. (Funding Source: California Department of Transportation Clean California Grant).

STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”.

BACKGROUND:

In 2019, the City of Modesto conducted citywide community surveys which identified blights as one of the most pressing issues for residents. On December 10, 2019, Council approved by Resolution 2019-555 the 2020-2025 Blight Abatement Strategy, developed through collaborations with community members, local partnerships, other agencies, and internal City departments. The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and further action to minimize and mitigate blight.

The California Department of Transportation (CalTrans) Clean California Local Grant Program1 is a competitive statewide fund created to enhance communities and improve spaces for public use, including beautification and cleaning of local streets, roads, tribal lands, parks, pathways, transit centers and other public spaces. The Program is part of the nearly $1.1 billion Clean California initiative and approximately $100 million is allocated for local communities as part of the Program Cycle 2 announced in 2022. 1 Clean California Local Grant Program webpage: https://cleancalifornia.dot.ca.gov/local-grant-program #5..
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City Council, November 12, 2024
Downtown Revitalization Engineering Agreement

The Program aims to achieve the following goals:  Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers and other public spaces.  Enhance, rehabilitate, restore or install measures to beautify and improve public spaces and mitigate the urban heat island effect.  Enhance public health, cultural connections and community placemaking by improving public spaces for walking and recreation; and
 Advance equity for underserved communities.

On February 14, 2023, by Resolution No. 2023-058, Council authorized the submittal of application(s) to the CalTrans Clean California Local Grant Program. The City of Modesto applied for the Program Cycle 2 grant with a project titled Downtown Revitalization that addresses blight concerns and revitalization efforts in Downtown Modesto. On November 7, 2023, CalTrans notified the City of their plans to issue an award of $3,129,000 in grant funds for this project. Following this notification, the City Council formally accepted the award on February 27, 2024, by Resolution No. 2024-078. The Program operates as a reimbursement and the grant project period ranges from September 15, 2023, through June 30, 2026.

DISCUSSION:

The CalTrans grant will fund a Downtown Revitalization project which will be primarily focused on the area known locally as Mural Alley located near the intersections of J street and 10th street in Downtown Modesto. The project proposes to reinvigorate the City’s mural culture by increasing lighting, resurfacing the space and adding pavers to make the space more welcoming and accessible for the public to enjoy the public art. To kickstart this process the City initiated a request for proposals (RFP) process to search for a qualified civil engineering consulting firm to prepare all plans, specifications, and estimates (PS&E) necessary to receive bids for the formal construction of identified improvements.

RFP 2324-93 was issued on May 31, 2024, with proposals being due on July 29, 2024. The RFP was posted to the City’s publicly available PlanetBids website on May 31, 2024. The Authorization to Purchase was fully approved by City Manager on September 18, 2024. 571 vendors viewed the request for proposal, seven (7) firms downloaded the document, however no proposals were received via Planet Bids. Three (3) proposals were subsequently received via mail. The review panel, which included City staff and a community member, evaluated each proposal based on the criteria further outlined in the RFP (Attachment 3).

Community and Economic Development finalized the RFP evaluation on September 17, 2024.

The consultants were ranked in the following order from highest to lowest scores:

1. O’Dell Engineering, Inc. (O’Dell)

2. Alta Planning + Design, Inc.

3. BFK Engineers
O’Dell Engineering, Inc. is a Modesto based business located at 1165 Scenic Drive; however, their parent company, Westwood Professionals, Inc., is incorporated in Texas. The overall scope of work will include project management, topographic surveys, preliminary architectural conceptual designs, the creation of a roadway improvement plan, technical assistance, geotechnical investigations, utility coordination, the development of a mural master plan, and #5..
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City Council, November 12, 2024
Downtown Revitalization Engineering Agreement

construction administration for an amount not to exceed $194,315. Following the completion of the initial approved designs O’Dell will assist the City in coordinating the construction of the improvements to mural alley which will include coordinating the competitive bidding process and administrative oversite assistance through the construction phase of this project. Based on initial timelines, subject to change, construction is projected to begin in the second quarter of 2025.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Proposal and Agreement for engineering design services for the Community and Economic Development Department use to O’Dell Engineering, Inc., a subsidiary of Westwood Professional Services, Inc., Plano, TX, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and O’Dell was the highest ranked proposal based on the evaluation criteria.

FISCAL IMPACT:

The anticipated contract cost of $194,315 will be funded through the grant award from CalTrans under the Clean California Local Grants Program within project number 101584. Costs are recovered on a reimbursable basis through CalTrans.

Task Anticipated Agreement Cost
Project Management $11,875
Surveys and Topographic Mapping $23,870
Preliminary Engineering $8,765
Roadway Improvement Plans $56,805
Additional Technical Assistance $22,103
Geotechnical Investigation $16,997
Utility Coordination $7,620
Mural Master Plan $34,500
Construction Administration $11,780
Total cost $194,315
COMMITTEE RECOMMENDATION:

The Finance Committee considered the Agreement on October 21, 2024, and a motion was passed recommending forwarding the Agreement to Council for approval.

CEQA REQUIREMENTS:

CEQA review is not required for the engineering design phase of this project.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Proposal and Agreement for Engineering Design Services for the Downtown Revitalization Project to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $194,315, and authorizing the City Manager, or his designee, to execute the Agreement.
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City Council, November 12, 2024
Downtown Revitalization Engineering Agreement

Approved by:

Jessica Hill, Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Exhibit A-Scope of Services

4. Exhibit B-Hourly Rates
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11/12/2024/CED/SRando/Item 5 1 2024-406

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-406

RESOLUTION APPROVING THE AWARD OF PROPOSAL AND

AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE

DOWNTOWN REVITALIZATION PROJECT TO WESTWOOD
PROFESSIONAL SERVICES, INC., PLANO, TX, FOR A TOTAL AMOUNT NOT TO EXCEED $194,315, AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, in 2019, the City of Modesto conducted citywide community surveys which identified blights as one of the most pressing issues for residents; and WHEREAS, on December 10, 2019, Council approved by Resolution 2019-555 the 2020-2025 Blight Abatement Strategy, developed through collaborations with community members, local partnerships, other agencies and internal City departments.

The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships and further action to minimize and mitigate blight; and
WHEREAS, the California Department of Transportation (CalTrans) Clean California Local Grant Program is a competitive statewide fund created to enhance communities and improve spaces for public use, including beautification and cleaning of local streets, roads, tribal lands, parks, pathways, transit centers and other public spaces; and
WHEREAS, on November 7, 2023, CalTrans notified the City of their plans to issue an award of $3,129,000 in grant funds for this project. Following this notification, the City Council formally accepted the award on February 27, 2024, by Resolution No. 2024-078. The Program operates on a reimbursement basis and the grant project period ranges from September 15, 2023, through June 30, 2026; and WHEREAS, the CalTrans grant will fund a Downtown Revitalization project #1..
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11/12/2024/CED/SRando/Item 5 2 2024-406
which will be primarily focused on the area known locally as Mural Alley located near the intersections of J street and 10th street in Downtown Modesto; and WHEREAS, Request For Proposals (RFP) 2324-93 was issued on May 31, 2024, with proposals being due on July 29, 2024. The RFP was posted to the City’s publicly available PlanetBids website on May 31, 2024. 571 vendors viewed the request for proposal, seven (7) firms downloaded the document, however no proposals were received via Planet Bids. Three (3) proposals were subsequently received via mail; and WHEREAS, an evaluation committee determined that O’Dell Engineering, Inc. a Modesto based business located at 1165 Scenic Drive, owned by Westwood Professionals, Inc. of Plano Texas, to be the most qualified firm for the proposed project based on the evaluation criteria outlined in the RFP document; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Proposal and Agreement for engineering design services for the Community and Economic Development Department use to O’Dell Engineering, Inc., a subsidiary of Westwood Professional Services, Inc., Plano, TX, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and O’Dell was the highest ranked proposal based on the evaluation criteria; and
WHEREAS, the overall scope of work will include project management, topographic surveys, preliminary architectural conceptual designs, the creation of a roadway improvement plan, technical assistance, geotechnical investigations, utility coordination, the development of a mural master plan and construction administration for #1..
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Community & Economic
Development Department
P.O. Box 642
Modesto, California 95354
209.577.5267
Modestogov.com
November 19, 2024
Subject: Downtown Revitalization Project Design (Mural Alley and Mural Master Plan) On November 7, 2023 CalTrans notified the City of their plans to issue an award of $3,129,000 in grant funds for a downtown revitalization project proposed by the Public Works Department.

Following this notification, the City Council formally accepted the award on February 27, 2024, by Resolution No. 2024-078. The Program operates as a reimbursement and the grant project period ranges from September 15, 2023 through June 30, 2026.

The CalTrans grant will fund a Downtown Revitalization project which will be primarily focused on the area known locally as Mural Alley located near the intersections of J street and 10 street in Downtown Modesto. The project proposes to reinvigorate the City’s mural culture by increasing lighting, resurfacing the space, and adding pavers to make the space more welcoming and accessible for the public to enjoy the public art.

Following an RFP evaluation process O’Dell Engineering, now owned by Westwood Professional Services, Inc of Plano Texas, was deemed to be the most qualified consultant to create the conceptual designs needed for eventual improvements to mural alley and they will also be tasked with the development of a Mural Master Plan. The Mural Master Plan will take stock of the current catalog of murals in the City, as well as creating standards for future murals including the overall care to prevent wear and tear.

The City Council approved the Agreement with Westwood Professional Services Inc. during a regularly held meeting on November 12, 2024 by resolution number 2024-406. The contract cost of $194,315 will be funded through the Clean California Grant currently budgeted for in project 101584.

Sincerely,
Sean M. Rando
Sean M. Rando
Business Analyst
Community & Economic Development Department
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

U:\_Finance\0057098.00 Downtown Revitalization Project PW\Extra Work\CCO 01 - 35% Prelim Add Design\SupportDocs\Contract Change Order #01-WW_MODESTO-2025-02-25-Downtown Revitalization-0057098.00.docx
Contract Change Order Number: 001
Original Contract Date: November 12, 2024
Date:

February 25, 2025
Downtown Revitalization Project Design
Project Number: R0057098.00
To: Sean Rando
City of Modesto
From: Jesse Grafton, PLA #6127
Description of Change:

Following Westwood’s submittal of the 35% preliminary design documents on 02/24/2025, the City Community and Economic Development Department requested additional renderings to allow for a broader design review and selection approach. The additional renderings are understood to be mostly aesthetic / artistic options with the same overall design intent as the first 35% design submittal.

Westwood is pleased to provide additional professional design services as follows:

Task 1:

Prepare two additional preliminary conceptual design options of Mural Alley per 35% City comments received on 02/18/2025 and in coordination with the Community and Economic Development Department, and color render them. Includes one round of revisions to address City and public comments. Includes preliminary ROM estimates (2 total) to accompany design options.

DELIVERABLES
• PDF Copy of Digital renderings on Westwood title block. • ROM Estimates in PDF format
Assumptions / Notes
• Additional design requests beyond Task listed above will result in additional services. • Does not include complete redesign of site.
• All other conditions remain per the original contract.

T&M Fee: $9,600
________________________________ ________________________________________________

CLIENT SIGNATURE CONSULTANT SIGNATURE
Sean Rando Chad Kennedy
City of Modesto Westwood Professional Services

CLIENT SIGNATURE WILL AMEND THE CONTRACT AS SHOWN AND AUTHORIZES THE WORK TO BE PERFORMED.
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

U:\_Finance\0057098.00 Downtown Revitalization Project PW\Extra Work\CCO 02 - Wayfinding Signage Program\SupportDocs\Contract Change Order #02-WW_MODESTO-2025-05-02-Downtown Revitalization-0057098.00.docx
Contract Change Order Number:

Original Contract Date:

Date:

Project Name:

Project Number:

To:

From:
002
November 12, 2024
May 2, 2025
Downtown Revitalization Project Design
R0057098.00
Sean Rando
City of Modesto
Jesse Grafton, PLA #6127
Westwood Professional Services
Description of Change:

As requested by the City Community Economic Development Department, Westwood Professional Services is pleased to provide the following add service proposal for a downtown wayfinding signage program update. Westwood will on-board SKA Design, an experienced signage and wayfinding design consultant who has worked on many municipal projects throughout California. SKA Design will provide their expertise on both pedestrian and traffic circulation analysis and wayfinding signage design for this project, working closely with Westwood. Based on information provided by the City, the wayfinding program would include the following additional professional design services scope above and beyond the current project contract:

Task 1: Assess Existing Conditions, Needs & Current Practices The Westwood team will prepare an in-depth site analysis of the existing signage conditions of greater Downtown and the travel routes leading to it. This analysis will include Downtown traffic and parking patterns. The existing signage analysis report is anticipated to include the following:
• Recommendations for the consolidation, removal, or other practical and creative solutions to make all signage more effective across wayfinding, regulatory, informational and other signage.
• Review and assess the City inventory of wayfinding signage in the downtown area per the project limits shown below.
• Review and assess the potential wayfinding destinations in Downtown Modesto, taking into account their unique characteristics and demands.
• Identify user groups, specific needs and potential wayfinding difficulties (e.g., affecting individuals with disabilities, senior citizens and visitors) • Research and analyze industry best practices and current trends in the field of wayfinding signage, considering advancements in technology, design, and user experience to ensure the implementation of modern and effective solutions.

DELIVERABLES
• Electronic copies in PDF format of the following items:
o Assessment Report: A report reviewing and assessing the existing inventory of wayfinding signage within the City of Modesto, detailing the current conditions, locations, and any pertinent observations. An in-depth analysis #1..
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

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report evaluating the potential wayfinding destinations in Downtown Modesto, highlighting the unique characteristics and demands of each location, and providing recommendations based on the assessment. o User Needs and Difficulties Analysis: An analysis report identifying user groups and specific wayfinding needs, focusing on any potential difficulties encountered by different user types (e.g., individuals with disabilities, senior citizens, and visitors). This report should outline practical solutions to address these challenges effectively.
o Best Practices and Trends Report: A report examining industry best practices and current trends in the field of wayfinding signage, showcasing advancements in technology, design, and user experience. The report should include recommendations for implementing modern and effective solutions based on the findings.

Task 2: Design Signage Elements
The following items will be performed under this task:
• Recommend universal and cohesive design standards for wayfinding elements that reflect the City’s character consistent in color, font, materials, architectural elements, and graphics.

Recommendations should also consider street-level visibility (i.e., general lighting options), safety, maintenance, and replacement costs.
• Present schematic design concepts for wayfinding signs. • After review of the schematic proposals and selection of the desired proposal by the City, Westwood will submit one (1) complete design package that includes final design concept drawings in AutoCAD Format, including: exact dimensions, letter heights, materials, mounting details, color specifications and material performance standards with written statements regarding the rationale for design choices selected. Consultant shall ensure that all signage will be designed to use color specifications and material performance standards per Caltrans requirements.

DELIVERABLES
• Electronic copies in PDF format of the following items:
o Design Standards Recommendation Report: The report will consist of a comprehensive analysis of the existing wayfinding elements in Downtown Modesto, encompassing an examination of various aspects such as color, font, materials, architectural elements, and graphics. Moreover, the report will include an assessment of street-level visibility, offering recommendations for suitable lighting options, safety measures, and strategies to enhance visibility during both day and night. Additionally, the report will provide specific guidelines for maintenance and replacement, ensuring the durability and cost-effectiveness of the proposed design standards. The report will also present a clear rationale for the design choices, providing detailed explanations of dimensions, letter heights, materials, mounting details, and #1..
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

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color specifications. Furthermore, the documentation will include material performance standards, outlining their expected performance and durability in practical applications.
o Design Concepts: Develop three (3) distinct design concepts for wayfinding signs. Each design concept shall be developed and presented to City staff in detail, emphasizing key aspects and features of the proposed signage solutions. The presentation will provide comprehensive visuals and descriptions to facilitate an in-depth review by the City. The goal is to ensure that the City gains a comprehensive understanding of the proposed designs and can make informed decisions regarding the selection of the desired design concept.
o Complete Design Package: The package will include the final design concept drawings presented in AutoCAD format. This package will provide detailed specifications such as exact dimensions, letter heights, materials, and mounting details to ensure precise implementation. Additionally, the package will outline specific color specifications and material performance standards in adherence to Caltrans requirements. The inclusion of written statements will offer an explanation of the rationale behind the design choices, providing insight into the decision-making process and ensuring transparency throughout the design phase.

Task 3: Develop Recommendations for Signage Type & Placement The Westwood team will provide the following items under this task:
• Recommendations for wayfinding signage types that should be added, replaced and/or consolidated.
• Develop a map of recommended wayfinding signage locations using GIS and/or aerial imagery.
• Identify design options to incorporate changeable directional signage for special events, community messaging, or marketing (Farmers Market, Graffiti Parade, etc.) • Prepare cost estimate for the fabrication, installation, and maintenance, including the number of sign types and locations.

DELIVERABLES
• Electronic copies in PDF format of the following items:
o Signage Recommendations Report: This report will encompass a detailed analysis of the existing wayfinding signage, offering recommendations for the addition, replacement, or consolidation of specific sign types. The report will highlight the rationale behind each recommendation, taking into account the unique characteristics and demands of Modesto. It will also outline how the proposed signage will contribute to the enhancement of the City's wayfinding system.
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

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o Wayfinding Signage Map: A comprehensive map will be created using GIS resources or aerial imagery, illustrating the proposed locations for the recommended wayfinding signage. The map will clearly depict the optimal placements, taking into consideration factors such as visibility, accessibility, and practicality.
o Changeable Signage Design Options: The scope of work will encompass the identification and exploration of design options for incorporating changeable directional signage. This will include recommendations on how to integrate dynamic signage elements for special events, community messaging, or city marketing initiatives, such as Farmers Markets, Graffiti Parades, Concerts in the Park, and other similar events.
o Cost Estimate Report: The cost estimate report will provide a detailed breakdown of the projected expenses for the fabrication, installation, and maintenance of the recommended wayfinding signage. The report will include an analysis of the number of sign types and their respective locations, as well as potential cost-saving measures. It will also consider the incorporation of existing base posts, if applicable, into the project budget, ensuring the efficient allocation of resources.

Task 4: Wayfinding Master Plan
The Westwood team will provide the following items under this task:
• Compilation of all analysis, assessments, and recommendations into a comprehensive Wayfinding Master Plan document, including a detailed roadmap for implementation and proposed locations for different wayfinding classification types.

DELIVERABLES
• Electronic copies in PDF format of the following items:
o Wayfinding Master Plan Document: This pivotal deliverable will comprise a detailed report that systematically outlines the standardized wayfinding plan for Modesto. It will encompass easily understandable and comprehensive directions, catering to both visitors and residents, thus providing a clear, welldefined roadmap for the successful implementation of the Wayfinding Master Plan. Moreover, the document will specify the proposed locations for various wayfinding classification types, thereby serving as a practical guide for the implementation of the Wayfinding Master Plan across different regions within the city, initially in Downtown.

Task 5: Community Outreach & Presentations
The Westwood team will provide the following items under this task within the budgeted allocation and at the request of City staff:
• Consolidated Presentation Materials:
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

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o Development of a comprehensive set of presentation materials, including visual aids and informative content, to facilitate effective communication of the Wayfinding Master Plan to relevant stakeholders during public meetings, ensuring a thorough understanding of the plan's objectives and strategies.
o Creation of a tailored set of presentation materials to support joint presentations by the Consultant and staff to committees and the Modesto City Council, effectively highlighting the key points of the Wayfinding Master Plan, emphasizing its significance and benefits for the City, and encouraging informed decision-making among council members and committee stakeholders.
• Engage in community outreach during the creation of the Wayfinding Sign Program, incorporating public feedback into the final recommendations. • Seek community input on needs, design elements, and subsequently final design recommendations.
• Participate in presenting the final Wayfinding Sign Program to the Modesto City Council.

DELIVERABLES
• Electronic copies in PDF format of outreach and presentation materials. • Solicit feedback identifying user groups and specific wayfinding needs at a City commission and committee meeting. One (1) meeting total. • Present three (3) design recommendations for feedback at City commission and committee meeting. One (1) meeting total.
• Present three (3) design recommendations for feedback to the Modesto City Council for consideration. One (1) meeting total.

Task 6: Construction Administration Support
Westwood and Team will provide construction administration (CA) support for the fabrication and installation of signage and traffic related components. This will include reviewing and approving construction drawings, shop drawings, material samples and observing installation of such items. The consultant will ensure that products are fabricated and installed per the specifications of the approved Wayfinding Plan. The following CA support is expected within the budgeted allocation and at the request of City staff.
• Provide clarification, as required, of construction documents and respond to contractor requests for information (RFIs).
• Review and approval of project submittals specified in contract documents. • We recommend the following construction observation site visits to verify conformance with the approved plans.
o Westwood limited to three (3) visits to review signage installation locations. o SKA limited to one (1) visit to review signage installation locations. • Westwood coordination with City and subconsultant regarding construction RFIs, submittals, and City requested construction site visits.
• Westwood attendance at virtual coordination meetings with Contractor & design team within the budgeted allocation and at the request of City staff. • Report summarizing process of strategies used during procurement and installation of wayfinding signage. The report will include a thorough overview of the oversight measures taken, challenges encountered, and solutions implemented during the construction and installation phases. Additionally, it will include documentation of the collaboration with #1..
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

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construction teams, highlighting the successful integration of the signage within the city's infrastructure and built environment.

DELIVERABLES
• RFI’s in PDF format
• Submittals in PDF format
• Site visit reports in PDF format
Assumptions / Limitations / Notes
• City to share all available existing signage documentation necessary to address wayfinding signage scope above.
• Additional design requests beyond Task listed above will result in additional services. • Does not include signage programming changes (messages and locations) requested after final design approval.
• Does not include changes to work that has been approved, which are requested by City or field changes during construction.
• Does not include revisions to City or Caltrans Standard details. • Does not structural or electrical design, as they may apply to signage installation. • Does not include photometric studies for signage lighting. • Does not include shop drawings for signage. Shop drawings will be treated as deferred submittals for the contractor to obtain.
• Does not include meetings, presentations, and site visits beyond those listed in scope above. • Does not include any services made necessary due to contractor error or mistakes made by manufacturers, suppliers or vendors in the performance of their contracts. • Does not include development of temporary signage, sign prototypes or mock-ups. • Does not include preparation of as-built / record drawings. • Civil engineers and landscape architects are licensed by the State of California. • All other conditions remain per the original contract. #1..
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

U:\_Finance\0057098.00 Downtown Revitalization Project PW\Extra Work\CCO 02 - Wayfinding Signage Program\SupportDocs\Contract Change Order #02-WW_MODESTO-2025-05-02-Downtown Revitalization-0057098.00.docx
Project Limits (Provided by City)
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1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765

CONTRACT CHANGE ORDER

U:\_Finance\0057098.00 Downtown Revitalization Project PW\Extra Work\CCO 02 - Wayfinding Signage Program\SupportDocs\Contract Change Order #02-WW_MODESTO-2025-05-02-Downtown Revitalization-0057098.00.docx
Cost Proposal
Task Description Fee Fee Type
1 Assess Existing Conditions, Needs & Current
Practices $25,871.00 T&M
2 Design Signage Elements $46,260.00 T&M
3 Develop Recommendations for Signage Type &
Placement $33,109.00 T&M
4 Wayfinding Master Plan $19,509.00
5 Community Outreach & Presentations $29,984.00 T&M
6 Construction Administration Support $26,684.00 T&M
TOTAL $181,417.00
________________________________ ________________________________________________

CLIENT SIGNATURE CONSULTANT SIGNATURE
Sean Rando Chad Kennedy
City of Modesto Westwood Professional Services

CLIENT SIGNATURE WILL AMEND THE CONTRACT AS SHOWN AND AUTHORIZES THE WORK TO BE PERFORMED.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 4, 2025
Date: July 16, 2025
TO: Economic Development Committee
Eric Alvarez, Chair
Sue Zwahlen, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Amended and Restated Memorandum of Agreement with Stanislaus County for the Design of the 7th Street Bridge Replacement Project CONTACT: Toby Wells, Director of Engineering Services / City Engineer [email protected], 209-571-5542
DESCRIPTION:

Consider a Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees and Water Fund) STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2025-2026 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto (City), the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA) have undertaken a project to replace the historic 7th Street Bridge over the Tuolumne River. The bridge replacement project will correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and improve safety for vehicles, bicycles, and pedestrians.

The historic 7th Street Bridge over the Tuolumne River was built in 1916 by Stanislaus County and consists of a series of “canticrete” type trusses supported on reinforced concrete piers and abutments all founded on concrete or timber piling. The entire bridge span is approximately 1,170 feet in length and the Average Daily Traffic (ADT) volume is approximately 15,700 vehicles per day.
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Economic Development Committee, August 4, 2025
Amended and Restated Memorandum of Agreement with Stanislaus County for the Design of the 7th Street Bridge Replacement Project

The bridge is the lowest rated bridge within the eight counties in Caltrans District 10 and has a Sufficiency Rating of 2, on a scale of 1 to 100. Although the bridge is currently considered structurally sound, there is significant spalling, advanced signs of alkali silica reaction, exposed and deteriorating steel reinforcing and considerable deflection at the cantilevered sections. The bridge is listed as Structurally Deficient and has been weight restricted to four tons gross load since 1979 and restricted from legal truck load weights since 1937.

The Project is partially funded with Federal Highway Bridge Program (HBP) funds and will include replacement of the existing bridge, safety improvements for motorists, pedestrians, and bicyclists, curb ramps, raised center median/refuge, street lighting, and incidental roadway resurfacing. The Project will also include modifications at the intersections of 7th and B Streets at Tuolumne Boulevard and Crows Landing Road at 7th Street.

A Memorandum of Agreement (MOA) for Preliminary Engineering was approved by the City Council on April 5, 2011, by Resolution No. 2011-113, and by the County on March 15, 2011, by Resolution 2011-167. An Amended and Restated MOA to add Final Design was approved by the City Council on May 7, 2019, by Resolution No. 2019-206, and by the County on May 21, 2019, by Resolution No. 2019-305. The Amended and Restated MOA was approved by the City Council on August 23, 2022, by Resolution No. 2022-35, and by the County on July 12, 2022, by Resolution No. 2022-0386. The last Amended and Restated MOA was approved by the City Council on February 27, 2024 by Resolution No. 2024-059 and by the County on April 16, 2024 Resolution No. 2024-0159.

The MOA split the local match portion of the Project (11.47%) equally between the County and the City. At the time of the May 2019 MOA, the actual design cost was not finalized, and the MOA was based on an estimate. Since the 2022 MOA, some costs which are subject to the MOA have been updated and therefore an amendment to the MOA is required. The changes are presented in Attachment A to the MOA.

DISCUSSION:

The purpose of this request is to update the funding support for Final Design activities necessary to complete the construction Plans, Specifications, and Estimates (PS&E) so that project can proceed to bid and construction.

Attachment A shows accounting for design-related costs, the local participating cost requirement match, and the split apportionments associated to each agency. These costs also include a 15% estimate for agency supporting costs that include employee time and materials.

The result of the amended MOA is the City will provide an additional $71,970 towards the total project funding. This represents the City’s revised share of the effort necessary to complete the Final Design for the Project. All other estimated design costs of this request are intended to be shared equally between the City and County. Staff recommends approving the amended MOA to provide an additional $71,970 towards the total City project funding of $937,480.

The Project’s total design cost is now estimated at $12.0M. City/County matching share is approximately $1.8M of the $12.0M costs with HBP reimbursing approximately $10.2M of participating cost. The differing City/County supporting costs are attributed to separate activities as illustrated in Exhibit A.
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Economic Development Committee, August 4, 2025
Amended and Restated Memorandum of Agreement with Stanislaus County for the Design of the 7th Street Bridge Replacement Project

FISCAL IMPACT:

The MOA on February 27, 2024, authorized the City’s share in an amount up to $865,510. This amendment will increase the City’s share by $71,970 for a total amount of $937,480. The $71,970 will come from the Streets Capital Facility Fee (CFF) fund.

There is sufficient funding in both projects, 100586 (Bridge) and to accommodate the proposed amendment. An additional MOA will be necessary to fund the construction of the bridge replacement project that will be entered into prior construction.

CEQA/NEPA REQUIREMENTS:

An Environmental Assessment (EA) and Section 4(f) Evaluation with Finding of No Significant Impact (FONSI) was approved by Caltrans in August 2019, in compliance with the requirements of the National Environmental Policy Act (NEPA). An Environmental Impact Report (EIR) was certified by the County in May 2017, and approved by Caltrans in August of 2019, in compliance with the California Environmental Quality Act (CEQA).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and forwarding to Council for approval.

Approved by:

Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Amended MOA 2025

2. Amended and Restated Memorandum of Agreement 2024

3. Amended and Restated Memorandum of Agreement – August 2022

4. Amended and Restated Memorandum of Agreement – May 2019

5. Original Memorandum of Agreement – April 2011
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AMENDED AND RESTATED MEMORANDUM OF AGREEMENT
For the Preliminary Engineering including
Final Design Phase of the 7TH Street Bridge Project
This Memorandum of Agreement (the “MOA”) is made and entered into by and between the County of Stanislaus (the “County”) and the City of Modesto (the “City”) on ____________________, 2025.

INTRODUCTION
A. The purpose of this MOA is to facilitate cooperation between the City and the County for the construction of a project to rehabilitate or replace the 7th Street Bridge over the Tuolumne River (the “Project”), which Project area is partially located within the City limits and within the unincorporated area of the County; and B. The Seventh Street Bridge is the lowest rated bridge within the 8 counties in District 10 of Caltrans. This bridge has a Sufficiency Rating of 2 on a scale from 1 to 100, with 100 being the best. Although the bridge is considered structurally sound for now, it is showing its age, as there is significant spalling, advanced signs of alkali silica reaction, exposed and deteriorating steel reinforcing and considerable deflection at the cantilevered sections. This bridge has been weight restricted to 4 tons gross load since 1979. The original order weight restricting this bridge was signed by the State Department of Public Works in 1937. The bridge has been weight restricted from legal loads for 85 of the 106 years that the bridge has been in existence. The bridge is listed as Structurally Deficient; and C. The current 7th Street Bridge requires reconstruction or replacement to meet standards for seismic events and, when completed, the project will provide an equal benefit to both the City and the County; and
D. The Project will be constructed using State of California and/or Federal funds, which will be obtained, collected and administered by the County, and local match funds; and
E. Due to the engineering significance and age of the 7th Street Bridge, this structure has been identified as a historical landmark. Because of this historical landmark status, the City and County acknowledge the Project will take several years to complete; and therefore, a separate MOA will be entered into by the City and County for each phase of the project. The three project phases consist of:

Preliminary Engineering including Final Design Phase, Right of Way Acquisition and Utility Relocation Phase, and Construction Phase.

NOW, THEREFORE, it is agreed as follows:
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SECTION 1. OBLIGATIONS OF THE COUNTY

1.1 Project Planning. The County shall perform, or under its direction perform, all aspects of Project planning, engineering design, and environmental process, including the preparation of right-of-way plans, maps, documentation, preliminary and final project design, environmental analysis reports, and plans and specifications.

1.2 Project Costs. Unless otherwise specified in this MOA, the Local Match Project costs shall be shared equally (fifty percent (50%) City and fifty percent (50%) County) for all direct and indirect costs of Project planning throughout the Preliminary Engineering including Final Design Phase. The City and County’s respective 50% share of the Local Match is hereinafter referred to as “Local Match Cost Share.”

1.3 Project Accountability. The County shall be strictly accountable for all State and/or Federal funds used to pay for the Project. Pursuant to Government Code section 6512, any surplus money on hand after completion of the Project shall be returned in proportion to the contributions made by the City and the County.

1.4 Lead Agency. The County shall be the “Lead Agency,” as defined and used in sections 15050 and 15367 of title 14 of the California Code of Regulations, for purposes of compliance with the California Environmental Quality Act (Pub. Res. Code., §21000 et sec.).

1.5 The County shall act in its capacity as the fiscal agent for the Project and perform or secure performance of all work necessary for the advance administration, planning, development, engineering, environmental analyses, for the Project including, but not limited to, survey, preparation of the plans and specifications.

1.6 The County will apply for funding commitments for the Project from State and/or Federal funds, including the Federal HBP to reimburse up to the maximum limits for the participating costs of the Project, as specified herein in Exhibit A, and the remaining balance of the Project’s actual costs not covered or reimbursed by any state and/or federal funds, including Federal HBP funds, is referred to as “Local Match”.

1.7 The County shall timely pay all costs for the Project, and shall timely process Project payment requests to obtain Federal HBP reimbursement.

1.8 The cost of any work referred to herein in this MOA shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to the Project, applied in accordance with County standard accounting procedures.

1.9 The County shall make available to the City all documents showing all cost incurred by County pertaining to the Project.
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SECTION 2. OBLIGATIONS OF THE CITY

2.1 Project Engineering Plans and Project Specifications. The City shall be entitled to review and comment upon any and all designs, engineering plans, and specifications and the County shall incorporate all reasonable requests to modify such plans, specifications and designs for portions of the Project lying within the City limits.

2.2 PROJECT FINANCING.

2.2.1 The City shall invoice the County for all expenses incurred to cooperate and facilitate in the Project development, and associated expenses as described herein.

2.2.2 The City shall submit all invoices and supporting documentation to the County on or before 5:00pm on the tenth (10th) calendar day of the month following the date in which the City requests reimbursement payments.

2.2.3 The City shall fully cooperate with the County in providing all requested information or data necessary to apply for funding commitments for the Project from the Federal HBP to reimburse up to the maximum limits for the participating costs of the Project.

2.3 OTHER CITY OF MODESTO COVENANTS.

2.3.1 The City shall designate a project manager through whom all communications between the parties to this Agreement shall be channeled.

SECTION 3. IT IS MUTUALLY AGREED AS FOLLOWS:

3.1 Preliminary Engineering Cost. The Preliminary Engineering cost is estimated to be $3,200,000. The contract cost was determined through the Caltrans Consultant Selection Process utilizing a two-step RFQ/RFP.

3.2 Updated Preliminary Engineering Cost. Subsequent to the Amended and Restated MOA dated May 21st, 2019 the final Preliminary Engineering cost was $3,580,000, an increase of $380,000.

3.3 Final Design Cost. The Final Design is estimated to cost $2,807,152. The contract cost was determined through the Caltrans Consultant Selection Process utilizing a two-step RFQ/RFP.

3.4 Updated Final Design Cost. Subsequent to the Amended and Restated MOA dated May 21st, 2019 a Final Design cost of $4,185,971, an increase of $1,378,819, was awarded to the consultant through the Caltrans Consultant Selection Process utilizing a two-step RFQ/RFP.
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3.5 Final Design Cost Amendment 1. Amendment 1 to the Final Design is $416,624 and is executed by the County Director of Public Works.

3.5.1 Except that a non-participating cost of $18,450 is for “CMAQ Invoicing Tracking” and is 100 percent at the cost of the County.

3.5.2 The remaining participating amount for Final Design Cost Amendment 1 is $398,174.

3.6 Final Design Cost Amendment 2. Amendment 2 to the Final Design is $1,471,957 and authorized by the Stanislaus County Board and executed by the County Director of Public Works.

3.6.1 Except that a non-participating cost of $97,985 is for “City of Modesto 16” Water Line Design” and is 100 percent at the cost of the City.

3.6.2 Except that a non-participating cost of $59,070 is for “B-Street Intersection – Stand-Alone Project Analyses and Coordination” and is shared equally (fifty percent (50%) City and fifty percent (50%) County).

3.6.3 Except that a non-participating cost of $41,748 is for “Park Maintenance Access Modification” and is shared equally (fifty percent (50%) City and fifty percent (50%) County).

3.6.4 Except that a non-participating cost of $32,000 is for “Structural Assessment of Beard Loading Dock Removal” and is shared equally (fifty percent (50%) City and fifty percent (50%) County).

3.6.5 The remaining participating amount for Final Design Cost Amendment 2 is $1,241,154.

3.7 Final Design Cost Amendment 3. Amendment 3 to the Final Design is $1,035,615 and authorized by the Stanislaus County Board and executed by the County Director of Public Works.

3.7.1 Except that a non-participating cost of $111,931 is for “City of Modesto 16” Water Line” related additional costs and is 100 percent at the cost of the City.

3.7.2 Except that a non-participating cost of $55,320 is for “County Bridge Investment Program (BIP) Funding Application” and is 100 percent at the cost of the County.

3.7.3 The remaining participating amount for Final Design Cost Amendment 3 is $868,364.

3.8 Final Design Cost Amendment 4. Amendment 4 to the Final Design is $1,003,274 and authorized by the Stanislaus County Board and executed by the County General Services Agency Director/Purchasing Agent.

3.8.1 Except that a non-participating cost of $52,839 is for “County Bridge Investment Program (BIP) and Local Partnership Program (LPP) Funding #2..
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Application” and is 100 percent at the cost of the County.

3.8.2 Except that a cost of $103,571 is part of the Construction (CON) phase and is to be included in a Memorandum of Agreement for that phase of the project

3.8.3 The remaining participating amount for Final Design Cost Amendment 4 is $846,864.

3.9 Additional HBP Eligible Project Costs. The County has submitted funding requests to Caltrans for additional project costs not included in the Preliminary Engineering or Design Costs in this agreement. These costs consist of County Construction Manager scope during PE, UPRR time and materials costs for project approvals and agreement preparations, environmental permit and mitigation fees, and associated support costs.

These participating costs total $408,077.

3.10 Local Match. The Local Match for this Phase is anticipated to be 11.47 percent (11.47%) of the total eligible Project costs plus non-participating costs as described in previous sections. This percentage could change depending upon the reimbursement ratio of the State and/or Federal funding source.

The total Local Match for the Preliminary Engineering of the work is estimated at $367,000 based on an estimated Preliminary Engineering cost of $3,200,000. Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Preliminary Engineering shall be up to, and not exceed, $183,500 each.

The total Local Match for the Updated Preliminary Engineering of the work is estimated at $43,586 based on an Updated Preliminary Engineering cost increase of $380,000. Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Updated Preliminary Engineering shall be up to, and not exceed, $21,793 each.

The total Local Match for the Final Design of the work is estimated at $322,000 based on an estimated Final Design cost of $2,807,000. Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Final Design shall be up to, and not exceed, $161,000 each.

The total Local Match for the Updated Final Design of the work is estimated at $158,151 based on an Updated Final Design cost increase of $1,378,819.

Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Updated Final Design shall be up to, and not exceed, $79,075 each.

The total Local Match for the Final Design Amendment 1 of the work is estimated at $64,121 based on an Amendment 1 Final Design cost of $416,624. Pursuant to Section 1.2 and 3.5 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $41,285 and the City’s Local Match Cost Share for Final Design #2..
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Amendment 2 shall be up to, and not exceed, $22,835.

The total Local Match for the Final Design Amendment 2 of the work is estimated at $373,163 based on an Amendment 2 Final Design cost of $1,471,957. Pursuant to Section 1.2 and 3.6 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $137,589 and the City’s Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $235,574.

The total Local Match for the Final Design Amendment 3 of the work is estimated at $266,853 based on an Amendment 3 Final Design cost of $1,035,615. Pursuant to Section 1.2 and 3.7 above, the County’s respective Local Match Cost Share for Final Design Amendment 3 shall be up to, and not exceed, $105,121 and the City’s Local Match Cost Share for Final Design Amendment 3 shall be up to, and not exceed, $161,732.

The total Local Match for the Final Design Amendment 4 of the work is estimated at $149,974 based on an Amendment 4 Final Design cost of $1,035,615. Pursuant to Section 1.2 and 3.8 above, the County’s respective Local Match Cost Share for Final Design Amendment 4 shall be up to, and not exceed, $101,407 and the City’s Local Match Cost Share for Final Design Amendment 4 shall be up to, and not exceed, $48,568.

The total Local Match for the Additional HBP Eligible Project Costs of the work is estimated at $46,806 based on an Additional HBP Eligible Project cost of $408,077. Pursuant to Section 1.2 and 3.9 above, the City’s and County’s respective Local Match Cost Share for Additional HBP Eligible Project Cost shall be up to, and not exceed, $23,403 each.

The City shall reimburse the County for City’s share of the Local Match as shown in Exhibit A up to the maximum amount of $183,500 (for Preliminary Engineering) plus $21,793 (Updated Preliminary Engineering) plus $161,000 (for Final Design) plus $79,075 (for Updated Final Design) plus $22,835 (for Final Design Amendment 1) plus $235,574 (for Final Design Amendment 2) plus $161,732 (for Final Design Amendment 3) plus $48,568 (for Final Design Amendment 4) plus $23,403 (Additional HBP Eligible Project Cost) for a total of $937,480. If for any reason, the City’s share of the Local Match is expected to exceed $937,480, an amendment to this MOA would be required prior to any payment beyond the $937,480.

3.11 Subject to any other limitations or exceptions as otherwise set forth in this MOA, upon County’s tender of payment pursuant to section 1.7 of this MOA, County shall invoice City for an amount equal to one-half or fifty percent (50%) of the Local Match during the course of the Project.

3.12 County may submit all invoices and supporting documentation to City on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which County requests reimbursement payments. City shall issue a reimbursement payment to County on or before the last calendar day of the same month for all timely invoices submitted by County.

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3.13 County’s total spending authority for a Project contract is approved by the Stanislaus County Board of Supervisors and includes the cost of the contracted services plus a contingency amount designated for any additions or changes to the contract if needed. County will provide written notice to City when the sum of all the task orders or contract change orders executed for a Project contract reaches 75% of the board-approved contingency. County will provide written notice to City prior to increasing the total spending authority for a Project contract that has been considered and approved by the Stanislaus County Board of Supervisors.

3.14 Indemnity. Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with any work delegated to that party under this Agreement. The parties further agree, pursuant to Government Code section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement.

3.15 Amendments. This Agreement may be amended or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of City and County. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.

3.16 Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first-class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:

City of Modesto: Stanislaus County:

Toby Wells David Leamon
Director of Engineering Director
Services Department of Public Works
City of Modesto 1716 Morgan Road
Engineering Services Dept Modesto, CA 95358
1010 10th Street, Suite 3300
Modesto, CA 95354
All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice of such change to the other party in the manner provided in this Section.
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3.17 As may become necessary for Project development and delivery, through City and County cooperation, the Director of Public Works and City Engineer for City and County are authorized to administer and execute, by mutual written consent, various administrative documents necessary to engineer and construct the Project, provided that such actions do not exceed the authority of this Agreement.

3.18 Should any of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either of the Parties to enter and carry out, such determination shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

3.19 This Agreement may be terminated only by mutual written agreement signed and approved by the respective approving authorities of City and County.

3.20 County shall cause copies to be furnished to City following full execution of this Agreement
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-________, adopted by the Council of the City of Modesto on the _____ day of ______________, 2025, and COUNTY has authorized the execution of this Agreement in duplicate by the Chairman of the Board under authority of Resolution No. _________________, adopted by the Board of Supervisors of Stanislaus County on the _____ day of _______________, 2025.

COUNTY OF STANISLAUS, CITY OF MODESTO,
a political subdivision of the a Municipal Corporation
State of California
By: _____________________ By: _____________________
Jody Hayes JOSEPH P. LOPEZ
Chief Executive Officer City Manager
ATTEST: ATTEST:

Elizabeth King By: _____________________
Clerk of the Board of Supervisors DIANE NAYARES-PEREZ
of the County of Stanislaus, CMC, City Clerk
State of California
By: ____________________ (SEAL)
Deputy Clerk
APPROVED AS TO CONTENT:

Department of Public Works
By: ____________________
David Leamon, Director
APPROVED AS TO FORM:

JOSE M. SANCHEZ
City Attorney
APPROVED AS TO FORM:

County Counsel
By: _____________________
By: _____________________
Jose M. Sanchez
County Counsel City Attorney
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EXHIBIT A

MOA COST SHARING
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Seventh Street Bridge Replacement Project
Activity Begin End Duration Total Cost
Total Local
Match
City Local
Match
County Local
Match
Amended MOA - Design Phase RFA - E-76 Jul-09 Aug-10 1 month Execute MOU with BOS & City Council Aug-10 Apr-11 7 months RFP & Select Consultant Apr-11 Jul-11 3 months Consultant Audit with Caltrans/Programming Jul-11 Jan-12 6 months Preliminary Engineering*1 Jan-12 Jun-19 7 years, 6 months 3,200,000 $ $ 367,000.00 $ 183,500 $ 183,500 Updated Preliminary Engineering*1
Jan-12 Jun-19 7 years, 6 months $ 380,000 $ 43,586.00 $ 21,793 $ 21,793 Environmental Document Jan-15 Mar-15 2 months Final Design*1 Jun-19 Dec-21 18 months $ 2,807,000 $ 322,000.00 $ 161,000 $ 161,000 Updated Final Design*1 Dec-21 Jun-22 6 months $ 1,378,819 $ 158,150.54 $ 79,075 $ 79,075 Final Design Amendment 1*1
Jun-22 Jul-23 12 months $ 398,174 $ 45,670.56 $ 22,835 $ 22,835 Final Design Amendment 1 - CMAQ Invoicing
Tracking** Jun-22 Jul-23 12 months $ 18,450 $ 18,450.00 $ - $ 18,450 Final Design Amendment 2*1
Jun-22 Dec-23 18 months $ 1,241,154 $ 142,360.36 $ 71,180 $ 71,180 Final Design Amendment 2- City of Modesto
Water Line Design** Jun-22 Dec-23 18 months $ 97,985 $ 97,985.00 $ 97,985 $ - Final Design Amendment 2 - B-Street Intersection - Stand-Alone Project** Jun-22 Dec-23 18 months $ 59,070 $ 59,070.00 $ 29,535 $ 29,535 Final Design Amendment 2 - Park Maintenance Access Modification** Jun-22 Dec-23 18 months $ 41,748 $ 41,748.00 $ 20,874 $ 20,874 Final Design Amendment 2 - Structural
Assessment of Beard Loading Dock Removal** Jun-22 Dec-23 18 months $ 32,000 $ 32,000.00 $ 16,000 $ 16,000 Final Design Amendment 3*1 Dec-23 Dec-25 24 months $ 868,364 $ 99,601.35 $ 49,801 $ 49,801 Final Design Amendment 3- City of Modesto 16" Water Line Related Additional Costs** Dec-23 Dec-25 24 months $ 111,931 $ 111,931 $ 111,931 $ - Final Design Amendment 3- County BIP Funding Application** Dec-23 Dec-25 24 months $ 55,320 $ 55,320.18 $ - $ 55,320 Final Design Amendment 4*1
Jun-25 Jun-26 12 months $ 846,864 $ 97,135.30 $ 48,568 $ 48,568 Final Design Amendment 4- County BIP, LPP
Funding Application** Jun-25 Jun-26 12 months $ 52,839 $ 52,839.00 $ - $ 52,839 Additional HBP Eligible Project Cost*2
Jun-25 Jun-26 12 months $ 408,077 $ 46,806.43 $ 23,403 $ 23,403 Notes: * Local Match = 11.47% participating cost
** Local Match = 100% of non-participating cost, split between County and City as defined in the MOA 1 Total includes consultant cost and support costs per section 1.8 of the MOA 2 CT Funded CM during PE, UPRR T&M, Env. Permit/Mitigation Fees

EXHIBIT A
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The total Local Match for the Final Design of the work is estimated at $322,000 based on an estimated Final Design cost of $2,807,000. Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Final Design shall be up to, and not exceed, $161,000 each.

The total Local Match for the Updated Final Design of the work is estimated at $158,151 based on an Updated Final Design cost increase of $1,378,819.

Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Updated Final Design shall be up to, and not exceed, $79,075 each.

The total Local Match for the Final Design Amendment 1 of the work is estimated at $64,121 based on an Amendment 1 Final Design cost of $416,624. Pursuant to Section 1.2 and 3.5 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $41,285 and the City’s Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $22,835.

The total Local Match for the Final Design Amendment 2 of the work is estimated at $373,163 based on an Amendment 2 Final Design cost of $1,471,957. Pursuant to Section 1.2 and 3.6 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $137,589 and the City’s Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $235,574.

The City shall reimburse the County for City’s share of the Local Match as shown in Exhibit A up to the maximum amount of $183,500 (for Preliminary Engineering) plus $21,793 (Updated Preliminary Engineering) plus $161,000 (for Final Design) plus $79,075 (for Updated Final Design) plus $22,835 (for Final Design Amendment 1) plus $235,574 (for Final Design Amendment 2) for a total of $703,778. If for any reason, the City’s share of the Local Match is expected to exceed $703,778, an amendment to this MOA would be required prior to any payment beyond the $703,778.

3.8 Subject to any other limitations or exceptions as otherwise set forth in this MOA, upon County’s tender of payment pursuant to section 1.7 of this MOA, County shall invoice City for an amount equal to one-half or fifty percent (50%) of the Local Match during the course of the Project.

3.9 County may submit all invoices and supporting documentation to City on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which County requests reimbursement payments. City shall issue a reimbursement payment to County on or before the last calendar day of the same month for all timely invoices submitted by County.

3.10 County’s total spending authority for a Project contract is approved by the Stanislaus County Board of Supervisors and includes the cost of the contracted services plus a contingency amount designated for any additions or changes to the contract if needed. County will provide written notice to City when the sum of all the task orders or contract change orders executed for a DocuSign Envelope ID: CE7BD14F-B6C2-487A-8CD2-BFA757D577A2 #2..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 4, 2025
July 2, 2025
TO: Economic and Development Committee
Eric Alvarez, Chair
Sue Swahlen, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Award Sisk Road Signal Coordination Project
CONTACT: Max Navarro, Associate Engineer, [email protected], 209-571-5116 DESCRIPTION:

Consider the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, authorizing $73,171 for contingency, for a total payment amount not to exceed $804,884 and forwarding to Council for approval. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds) STRATEGIC PLAN ELEMENT:

This recommended action is in conformance with City of Modesto 2025-2026 Strategic Plan Element: “Quality of Life”, Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts”; Strategy No. Eleven:
“Finalize design, bidding, and start construction for major/high profile projects”.

BACKGROUND:

The City of Modesto Public Works Traffic Engineering Division applied for Congestion Mitigation and Air Quality (CMAQ) funds to construct fiber optic cable installation for the Sisk Road Signal Coordination project through Stanislaus Council of Governments (StanCOG). StanCOG approved the City of Modesto’s request for the CMAQ grant with construction funds approved in November 2023 in the amount of $1,025,128.

The Sisk Road Signal Coordination project will install fiber optic cable and connect eight traffic signals and equipment from Pelandale Avenue to Briggsmore Avenue and back to the City’s Advanced Traffic Management System (ATMS) operation center at 1010 10th Street.

This aligns with the Traffic Engineering Division’s Intelligent Transportation System goals and will allow staff to continuously monitor and improve signal performance on this frontage road connecting major commercial use properties.
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Economic Development Committee August 4, 2025
Award Sisk Road Signal Coordination Project

DISCUSSION:

On April 30, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for the upgrade of software and hardware along Sisk Road from Pelandale Avenue to Briggsmore Avenue. On May 2, 2025, the Purchasing Division issued Invitation for Bids 2025- 22 for the Sisk Road Signal Coordination on the City’s OpenGov public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Seven companies downloaded the IFB document from OpenGov.

On June 10, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Seven companies chose to respond, there were zero local bids received. Based on providing the lowest responsive and responsible bid, City staff recommends awarding the Sisk Road Signal Coordination to Bear Electrical Solutions, LLC of Alviso, CA for the total amount not to exceed $804,884.

The bid analysis is:

Number of responsive bids received 7
Number of bids above the engineer’s estimate 2
The engineer’s estimate and the bids are considered reasonable whenever any of the bids are within 10% of the engineer’s estimate. Bear Electrical Solution’s bid is 12.35% below the engineer’s estimate. Although the bid is 12.35% below the engineer’s estimate, City staff has deemed the apparent low bid as responsive.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An award of $731,713 and agreement for construction for the Public Works Department to use Bear Electrical Solutions, LLC, of Alviso, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Bear Electrical Solutions was the lowest responsive and responsible bidder.

While the contingency policy is utilized for each Construction agreement awarded by the City, it is not written into the agreement, nor is it a guaranteed amount included in the final compensation to the contractor.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405 which established an agreement change order authority of ten percent (10%).

FISCAL IMPACT:

This project will be funded by CMAQ and Measure L Traffic Management Funds. Funding for the construction, contingency, construction administration, and City staff 1 55000- Markers Plaques, and Traffic Control Devices, 55085- Traffic Signal Poles, Standards, and Brackets, 55088- Traffic Signals and Equipment Electric Systems, 55089- Traffic Signals and Equipment, Electric Parts, 72523- Fiber Optic Cables, Interconnecting Components, 96218- Cable Construction, Installation and Maintenance, 96882- Traffic Signal Installation, 96883- Traffic Signal Maintenance and Repair, 96884- Traffic Control Services #3..
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Economic Development Committee August 4, 2025
Award Sisk Road Signal Coordination Project

engineering/design/administration support will be budgeted in the current FY 2024-2025 Capital Improvement Program Budget in Account:
101397 – Capital Grants - Streets CIP Projects – 3160 “Sisk Rd Signal Coordination” DESIGN BUDGET:

Engineering/Design/Administration Support – City Staff $30,000 ANTICIPATED CONSTRUCTION EXPENDITURES Total
Construction Contract $731,713
Construction Contingency (10%) $73,171
Construction Admin City Staff (12.75%) $93,293
ESDC (2.25%) $16,464
TOTAL ANTICIPATED EXPENDITURES: $914,641

PROJECT REVENUE TOTAL
Congestion Mitigation and Air Quality (CMAQ)
$1,025,128
Measure L Traffic Management Funds $30,000
TOTAL ANTICIPATED REVENUE: $1,055,128
CEQA/NEPA REQUIREMENTS:

The State has determined that this project has no significant impact on the environment as defined by the National Environmental Policy Act (NEPA).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, authorizing $73,171 for contingency, for a total payment amount not to exceed $804,884 and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Construction Agreement

2. Bid Results
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CML 5059 (264) Sisk Road Signal Coordination
b. The Project Plans for the work to be done are entitled:

PUBLIC WORKS DEPARTMENT

SISK ROAD SIGNAL COORDINATION
FEDERAL AID PROJECT NUMBER: CML 5059 (264)

IN MODESTO, CALIFORNIA
c. Location of Work. The Work will be performed at the locations listed in the Special Provisions and Project Plans.

2. Commencement and Completion of the Work. The Work contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. The work shall be substantially completed within NINETY (90) working days after the date specified in the Notice to Proceed. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
a. Proofs of insurance (approved by Risk Management),
b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or minimize such matters, and to finish the work in the shortest reasonable amount of time.

3. Prevailing Wages. The State general prevailing wage rates are determined by the Director of Industrial Relations in cases where they are higher than the federal rates listed in Exhibit A. It is further agreed by the parties that should there be any conflict between the terms of this Agreement and the Contractor’s bid, then this Agreement shall control.

4. Contract Documents. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing ranking of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 14 of the Special Provisions;
c. All other sections of the Special Provisions;
d. Project Plans;
e. City Standard Details, current edition
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f. City Standard Specifications, current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one document and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

5. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit D, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit D. Contractor is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
a. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance as required by Exhibit D for the duration of the project and through acceptance by City Council.

6. Indemnity. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action (collectively “Claims”), arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement, except to the extent such Claims arise from the sole negligence or willful misconduct of City.

Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

7. Termination of Agreement.
a. Termination by City for Default of Contractor. Should Contractor default in the performance of this Contract or materially breach any of its provisions, at its option, City may terminate this Contract by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Contract shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty, or theft. Such #3..
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termination shall be in accordance with the Contract Documents.

If this Contract is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors, and agents are notified of such termination and cease their work.

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. When these provisions contradict those found in the General Provisions of City’s Standard Specifications, the latter shall prevail.
b. Termination by City for Convenience. The City may terminate the Contractor's performance under the Contract, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Contract for convenience and shall endeavor to provide the Contractor with consultation with the City prior to termination.
c. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:
i. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; ii. Terminate all orders and subcontractors except as necessary to complete any portion of the Work that is not terminated; iii. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered; iv. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process;
v. Settle outstanding liabilities and claims, subject to the approval of City;
vi. Complete performance of such part of the Work as has not been terminated;
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vii. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work; viii. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
d. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Contract at time of termination, including the following:
i. Any actual costs incurred by the Contractor for restocking charges; ii. The agreed upon price of protecting the Work in any manner, if any, as directed by the City;
iii. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract agreements or contracts for materials; iv. The contract price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums previously paid to the Contractor.
e. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work. f. Authorization to Terminate Contract. Termination of the Contract may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Contract. In the event that termination of this contract is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or designee.

8. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
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Contractor: Bear Electrical Solutions, LLC.

Attn: Andrew Bader, President
P.O. Box 924
Alviso, CA 95002
Phone (408) 449-5178, Fax (408) 449-5147
City: City of Modesto
Engineering Services Director
P.O. Box 642
Modesto, California 95353
Phone (209) 577-5444, Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

9. Compensation. Contractor agrees to accept the following prices as full compensation for furnishing all materials provided by it, and for doing all the Work contemplated in the Contract Documents, as may be modified by mutual later agreement in writing:

CONTRACTOR’S BID
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)

1. Traffic Control, Barricades, and Other
Related Fees
LS 1 $139,000.00 $139,000.00

2. Clearing, Grubbing, and Mobilization LS 1 $70,000.00 $70,000.00

3. Conduit Installation LF 3,600 $42.00 $151,200.00

4. Fiber Optic Cable Installation-96
Strand
LF 18,400 $8.50 $156,400.00

5. Fiber Optic Cable Installation-12
Strand
LF 325 $10.50 $3,412.50

6. Pull Boxes EA 10 $3,000.00 $30,000.00

7. Fiber Splice Boxes EA 6 $7,000.00 $42,000.00

8. 144 Fiber Splice Tray EA 3 $8,100.00 $24,300.00

9. Fusion Splice-12 Strand Fiber With 24
Splice Enclosure
EA 7 $3,700.00 $25,900.00

10. Fusion Splice Hub Termination-96
Strand Fiber
EA 4 $2,500.00 $10,000.00

11. Water Pollution Control Plan (WPCP) LS 1 $2,500.00 $2,500.00

12. Restoration LS 1 $70,000.00 $70,000.00
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Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)

13. Monument Preservation LS 1 $7,000.00 $7,000.00
TOTAL BID $731,712.50

10. The Work contemplated in this Agreement is a Federal-Aid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over this Agreement whenever the State of California, at its discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

11. Workforce Requirements. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code. Contractor shall provide City with evidence of compliance with such requirements within ten (10) calendar days of a request from the City.

12. Dispute Resolution. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.

13. Interpretation of Contract Documents. Any question concerning the intent, nature, scope or meaning of any provision of the Contract Documents, including, but not limited to, the Special Provisions and Project Plans, must be submitted to the Director of Engineering Services, or his/her designee, for issuance of an interpretation and/or decision on behalf of the City and in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of the Director of Engineering Services, or his/her designee, is binding on the Contractor and shall be final.

14. No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

15. Severability. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.

16. Form FHWA 1273 Required Contract provisions for Federal Aid Contracts.

17. Title VI Assurances Required Contract provisions for Federal Aid Contracts. #3..
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EXHIBIT A
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1 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

EXHIBIT B
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2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action #3..
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3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
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4 (1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
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5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph #3..
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6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
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7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with #3..
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8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or #3..
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9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
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10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
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11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
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12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily #3..
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13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. #3..
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The United States Department of Transportation (USDOT)
Standard Title VI/Non-Discrimination Assurances
DOT Order No. 1050.2A
The California Department of Transportation (herein referred to as the “Recipient”), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), is subject to and will comply with the following:

Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R Part 21 (entitled Nondiscrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. § 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964)
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient herby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT, including the FHWA.

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

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Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to all programs or activities for which the Recipient receives Federal financial assistance:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and 21.23 € of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be )with regard to a program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all programs or activities for which the Recipient receives Federal financial assistance, and in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The California Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively insure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin for an award.”

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

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6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer or real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

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10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing DOT’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by DOT. You must keep records, reports, and submit the material for review upon request to DOT, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under all programs or activities receiving Federal financial assistance. This ASSURANCE is binding on California, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in all programs or activities receiving Federal financial assistance. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.

California Department of Transportation
(Name of Recipient)
by original signed by Toks Omishakin
(Signature of Authorized Official)
DATED 09/17/2021
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APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability.

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4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

1. withholding payments to the contractor under the contract until the contractor complies; and/or

2. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

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APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the California Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the California Department of Transportation, its successors and assigns.

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The California Department of Transportation, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the California Department of Transportation will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
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APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
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C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.*
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APPENDIX D
CLAUSES FOR CONSTRUCTION/USE.ACCESS TO REAL PROPERTY ACQUIRED UNDER

THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Title VI Assurances with Appendices A - E
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APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
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• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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EXHIBIT D-1 City of Modesto
CML 5059 (264) Sisk Road Signal Coordination
Exhibit D:

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance, utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is not required.

5. Professional Liability, with limits no less than $2,000,000 per occurrence or claim (and $2,000,000 policy aggregate), is not required.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions insurance, with limits no less than $2,000,000 per occurrence or claim (and $2,000,000 policy aggregate), is required.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. #3..
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EXHIBIT D-2 City of Modesto
CML 5059 (264) Sisk Road Signal Coordination
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Modesto, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. #3..
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EXHIBIT D-3 City of Modesto
CML 5059 (264) Sisk Road Signal Coordination
Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the Entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. #3..
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EXHIBIT D-4 City of Modesto
CML 5059 (264) Sisk Road Signal Coordination
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City’s Risk Management Division before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CML 5059 (264) Sisk Road Signal Coordination
Bid Tabulation Wednesday, June 11, 2025
Project Title: Sisk Road Signal Coordination
Project ID #: 2025-22
Vault ID #: 25-D-0259
Account #: 101397
Bid Opening: 6/10/2025 at 11:00 AM Designer: Max Navarro Basis of Award: By Base Bid Design Manager: Max Navarro Project Description: Project will upgrade software & hardware along Sisk Road from Pelandale Avenue to Briggsmore Avenue. Project will connect fiber optic cable into each traffic cabinet along Sisk Road from Pelandale Avenue to Briggsmore Avenue allowing for improved traffic management and signal performance. Conduit to be installed by directional bore and excavation.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Bear Electrical Solutions, LLC.
(408) 449-5178, Fax (408) 449-5147 P.O. Box 924, Alviso, CA 95002 Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $139,000.00 $139,000.00

2. Clearing, Grubbing, and Mobilization LS 1 $70,000.00 $70,000.00

3. Conduit Installation LF 3,600 $42.00 $151,200.00

4. Fiber Optic Cable Installation-96 Strand LF 18,400 $8.50 $156,400.00

5. Fiber Optic Cable Installation-12 Strand LF 325 $10.50 $3,412.50

6. Pull Boxes EA 10 $3,000.00 $30,000.00

7. Fiber Splice Boxes EA 6 $7,000.00 $42,000.00

8. 144 Fiber Splice Tray EA 3 $8,100.00 $24,300.00

9. Fusion Splice-12 Strand Fiber With 24 EA 7 $3,700.00 $25,900.00 Splice Enclosure

10. Fusion Splice Hub Termination-96 Strand Fiber EA 4 $2,500.00 $10,000.00

11. Water Pollution Control Plan (WPCP) LS 1 $2,500.00 $2,500.00

12. Restoration LS 1 $70,000.00 $70,000.00

13. Monument Preservation LS 1 $7,000.00 $7,000.00
Total: $731,712.50
Percent From Engineer's Estimate: -12.35%
Yunex LLC
(408) 550-5204 20956 Corsair Boulevard, Hayward, CA 94545 Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $87,000.00 $87,000.00

2. Clearing, Grubbing, and Mobilization LS 1 $75,000.00 $75,000.00

3. Conduit Installation LF 3,600 $81.67 $294,012.00

4. Fiber Optic Cable Installation-96 Strand LF 18,400 $6.20 $114,080.00

5. Fiber Optic Cable Installation-12 Strand LF 325 $12.00 $3,900.00

6. Pull Boxes EA 10 $3,580.00 $35,800.00

7. Fiber Splice Boxes EA 6 $6,316.67 $37,900.02

8. 144 Fiber Splice Tray EA 3 $2,133.33 $6,399.99

9. Fusion Splice-12 Strand Fiber With 24 EA 7 $3,042.85 $21,299.95 Splice Enclosure

10. Fusion Splice Hub Termination-96 Strand Fiber EA 4 $2,000.00 $8,000.00 #3..
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CML 5059 (264) Sisk Road Signal Coordination
Item # Item Description Units Quantity Unit Price Extension

11. Water Pollution Control Plan (WPCP) LS 1 $5,800.00 $5,800.00

12. Restoration LS 1 $97,000.00 $97,000.00

13. Monument Preservation LS 1 $2,300.00 $2,300.00
Total: $788,491.96
Percent From Engineer's Estimate: -5.55%
St. Francis Electric, LLC.
(510) 639-0639 975 Carden Street, San Leandro, CA 94577 Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $100,000.00 $100,000.00

2. Clearing, Grubbing, and Mobilization LS 1 $50,000.00 $50,000.00

3. Conduit Installation LF 3,600 $84.00 $302,400.00

4. Fiber Optic Cable Installation-96 Strand LF 18,400 $9.74 $179,216.00

5. Fiber Optic Cable Installation-12 Strand LF 325 $12.12 $3,939.00

6. Pull Boxes EA 10 $1,621.00 $16,210.00

7. Fiber Splice Boxes EA 6 $5,000.00 $30,000.00

8. 144 Fiber Splice Tray EA 3 $9,336.00 $28,008.00

9. Fusion Splice-12 Strand Fiber With 24 EA 7 $4,292.00 $30,044.00 Splice Enclosure

10. Fusion Splice Hub Termination-96 Strand Fiber EA 4 $2,882.00 $11,528.00

11. Water Pollution Control Plan (WPCP) LS 1 $13,000.00 $13,000.00

12. Restoration LS 1 $17,855.00 $17,855.00

13. Monument Preservation LS 1 $6,500.00 $6,500.00
Total: $788,700.00
Percent From Engineer's Estimate: -5.53%
Mike Brown Electric Company
(707) 792-8110 561-A Mercantile Drive, Cotati, CA 94931 Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $96,700.00 $96,700.00

2. Clearing, Grubbing, and Mobilization LS 1 $5,000.00 $5,000.00

3. Conduit Installation LF 3,600 $119.00 $428,400.00

4. Fiber Optic Cable Installation-96 Strand LF 18,400 $7.09 $130,456.00

5. Fiber Optic Cable Installation-12 Strand LF 325 $15.70 $5,102.50

6. Pull Boxes EA 10 $1,070.00 $10,700.00

7. Fiber Splice Boxes EA 6 $5,130.00 $30,780.00

8. 144 Fiber Splice Tray EA 3 $6,937.00 $20,811.00

9. Fusion Splice-12 Strand Fiber With 24 EA 7 $2,783.00 $19,481.00 Splice Enclosure

10. Fusion Splice Hub Termination-96 Strand Fiber EA 4 $7,645.00 $30,580.00

11. Water Pollution Control Plan (WPCP) LS 1 $9,700.00 $9,700.00

12. Restoration LS 1 $20,000.00 $20,000.00

13. Monument Preservation LS 1 $3,600.00 $3,600.00
Total: $811,310.50
Percent From Engineer's Estimate: -2.82%
Tim Paxin's Pacific Excavation, Inc. dba Pacific Excavation (916) 686-2800 9796 Kent Street, Elk Grove, CA 95624
Base Bid

1. Traffic Control, Barricades, and Other Related Fees LS 1 $40,000.00 $40,000.00 #3..
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