Modesto City Council
April 7, 2026

and public utility and tree planting easements to be recorded with the Stanislaus County Recorder’s Office.

DISCUSSION:

The public improvements for this project have not been completed. As required by Section 66462 of the California Subdivision Map Act and Section 4-4.605 of the Modesto Municipal Code, the owner, Self-Help Enterprises, a California nonprofit public benefit corporation has executed a Subdivision Improvement Agreement specifying that all improvements will be completed within 24 months from the date of Final Map recordation.

The Subdivision Improvement Agreement requires the owner furnish and supply the City a payment bond and performance bond which provide security for completion of the public improvements.

The Final Map has been checked and certified by the Secretary of the Planning Commission, City Surveyor and the City Engineer and must be approved by Council prior to transmitting the map to the County Recorder.

Pursuant to the Subdivision Map Act, Section 66440, the Final Map contains a certificate for execution by the City Clerk certifying that the Council approved the map and accepted, on behalf of the public, any real property offered for dedication for public use and in conformity with the terms of the offer of dedication.

When the public improvements required by the Subdivision Improvement Agreement have been completed and approved by staff, a notice of completion will be presented to Council which accepts the public improvements. As required by the Subdivision Improvement Agreement, the owner will file a warranty bond guaranteeing the work for 1- year after Council accepts the improvements.

FISCAL IMPACT:

All Map check fees for the map will be collected prior to recordation.

The Faithful Performance and Payment securities as required by the Modesto Municipal Code Section 4-4.605 will be in place with the City Clerk’s Office:
• A Faithful Performance security is required to secure faithful performance of the improvements. This security is required in an amount of 100% of the estimated cost of improvements to be performed.
• A Payment security is required to ensure the payment of the contractor, his/her subcontractors and to persons renting equipment or furnishing labor or materials to them for said improvements. This security is required in an amount of 50% of the estimated cost of improvements to be performed.
• A Warranty security is required to guarantee and warrant subdivision improvements for a period of one (1) year following completion and acceptance thereof against any defective work done, or defective materials furnished. This security is required prior to approval of the improvements in an amount of 10% of the estimated cost of improvements to be performed.
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City Council, April 7, 2026
Final Map and Subdivision Improvement Agreement for McClure Meadows Subdivision

The City Engineer has determined that the required security is sufficient to cover the cost of said improvements, engineering, inspection, fees and incidental expenses. The securities on file with the City Clerk’s Office are based on the total Engineer’s Estimate of $1,004,815.00 for the value of all improvements to be constructed for McClure Meadows subdivision.

COMMITTEE RECOMMENDATION:

This item did not go to Committee, as it is common practice that Final Maps, which are certified by the Secretary of the Planning Commission, do not go before a Council Committee.

CEQA/NEPA REQUIREMENTS:

An Initial Study (IS), Environmental Assessment No. EA/C&ED No. 2025-19, was conducted on July 31, 2025. The City of Modesto has reviewed and considered the proposed Project and has determined that the Project will not have a significant effect on the environment, based on substantial supporting evidence provided in the Initial Study which was adopted by planning commission on October 20, 2025.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Final Map for McClure Meadows subdivision, approving the Subdivision Improvement Agreements and authorizing the City Manager, or his designee, to execute the Subdivision Improvement Agreements with Self-Help Enterprises, a California nonprofit public benefit corporation and authorizing the City Clerk to certify the Final Maps and record with the Stanislaus County Recorder’s Office.

Approved by:

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

1. Resolution

2. Subdivision Improvement Agreement

3. Final Map

4. Engineer’s Estimate

5. Copy of Bonds
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04/07/2026/ESD/JMangat/Item? 1 2026-??

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE FINAL MAP FOR MCCLURE MEADOWS

SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT

AGREEMENT AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE SUBDIVISION IMPROVEMENT

AGREEMENT WITH SELF-HELP ENTERPRISES, A CALIFORNIA

NONPROFIT PUBLIC BENEFIT CORPORATION, AND AUTHORIZING THE

CITY CLERK TO CERTIFY THE FINAL MAP AND RECORD WITH THE STANISLAUS COUNTY RECORDER’S OFFICE
WHEREAS, the Vesting Tentative Subdivision Map was approved by the City of Modesto Planning Commission on October 20, 2025 by Resolution No. 2025-40; and WHEREAS, Self-Help Enterprises, a California Nonprofit Public benefit Corporation (“SUBDIVIDER”), is in possession of a tract of land situated in the City of Modesto, County of Stanislaus, known as McClure Meadows (“SUBDIVISION”) consisting of 4.15 acres; and
WHEREAS, a tentative subdivision map of the SUBDIVISION was approved by the City of Modesto Planning Commission on October 20, 2025, with conditions of approval as noted in Planning Commission Resolution Number 2025-40; and WHEREAS, as required by Section 66462 of the California Subdivision Map Act and Section 4-4.605 of the Modesto Municipal Code, the SUBDIVIDER has executed a Subdivision Improvement Agreement; and
WHEREAS, the Secretary of the Planning Commission of the City of Modesto and the City Engineer have certified that the final map of said tract substantially conforms to the approved tentative subdivision map; and #20..
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04/07/2026/ESD/JMangat/Item? 2 2026-??
WHEREAS, the City Engineer of the City of Modesto has certified that the final maps of said SUBDIVISION meets all of the provisions of the California Subdivision Map Act and the provisions of the Modesto Municipal Code relating to subdivisions, and the City Surveyor has determined that the map is technically correct; and WHEREAS, the public improvements required by the Planning Commission conditions of approval have not been completed; and
WHEREAS, the SUBDIVIDER has furnished securities as set forth in Section 4-

4.605 of the Modesto Municipal Code, which shall secure the obligations set forth in Section 66499.3 of the Government Code of the State of California. Said securities are in forms acceptable to the City Attorney and in the amounts required by the City Engineer.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Final Map of SUBDIVISION, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Agreement with Self-Help Enterprises, a California Nonprofit Public Benefit Corporation; that the dedications for public streets and easements as shown thereon within the boundaries of said tract be accepted on behalf of the public for public use.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to certify the map of said tract on behalf of the City of Modesto after the fees and deposits required by the Modesto Municipal Code in amounts determined by the City Engineer have been paid.
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04/07/2026/ESD/JMangat/Item? 3 2026-??
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of April, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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MCCLURE MEADOWS
☐ ☐ ’
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MCCLURE MEADOWS
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Date: 1/16/2026
Job Number: 25-023
Job Name: McClure Meadows Subdivision
CAT. ITEM QUANT UNIT $/UNIT % REMAIN. $ DESCRIPTION
MOBILIZATION / OVERHEAD 1 LS 15000.00 100 $15,000TRAFFIC CONTROL 1 LS 100TEMPORARY FENCING 1,360 LF 6.50 100 $8,840 CHAIN LINK BARRICADES LF 4.80 100 CONCRETE K-RAILSURVEYING 40 HR 185.00 100 $7,400 2 MAN CREWSUPPORT FACILITIES 1 LS 100 OTHER 1 LS 100
GENERAL PROJECT COSTS SUBTOTAL: $31,240
CLEARING & GRUBBING 4 AC 6150.00 100 $24,600 LIGHT DENSITY TREE REMOVAL EA 620.00 100 AVERAGE 24" DIAMETERDEMO FENCING 860 LF 2.37 100 $2,038 FOR DISPOSAL / NOT REUSEDEMO STRUCTURES CF 0.40 100 WOOD FRAME CONSTRUCTIONDEMO RETAINING WALLS SF 5.46 100 8" MASONRY PER SF WALL FACEDEMO PIPES WATER LINES LF 11.75 100 AVERAGE 6" DIAMETER
SEWER LINES LF 12.25 100 AVERAGE 8" DIAMETERSTORM DRAIN LINES 210 LF 13.00 100 $2,730 AVERAGE 18" DIAMETER DEMO DRAINAGE STRUCTURE 1 EA 620.00 100 $620 MANHOLE OR CATCH BASINDEMO FIRE HYDRANT EA 410.00 100 NOT FOR REUSESAWCUTTING AC PAVEMENT 750 LF 3.35 100 $2,513 6" THICK
PCC PAVEMENT LF 3.91 100 6" THICK WITH BARS
GRIND AC 22 SY 7.50 100 $167 0.1' THICKDEMO A.C. PAVEMENT 129 SY 16.50 100 $2,127 3" THICKDEMO CONCRETE SIDEWALK SY 8.20 100 4" THICK WITH DISPOSALDEMO CONCRETE CURB/GUTTER 100 LF 13.75 100 $1,375 REINFORCED PCCDEMO DRIVEWAY APRON SY 30.75 100 WITH BARSDEMO RAMPS SY 30.75 100 WITH BARSCUT / FILL PAY QUANTITY 3,500 CY 8.25 100 $28,875 ONSITE WITH 75 HP DOZERIMPORT / EXPORT SF 6.62 100 5 MILE HAULOTHER EA 1.00 100 DEMO & EARTHWORK SUBTOTAL: $65,044
Engineers Estimate

DEMO & EARTHWORKGENERAL PROJECT COSTS
2/17/2026 AT 11:36 AM 1
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CAT. ITEM QUANT UNIT $/UNIT % REMAIN. $ DESCRIPTION
Engineers Estimate
CONCRETE DRIVEWAY APPROACH SF 5.50 100
A.C. DRIVEWAY APPROACH SY 47.75 100
ACCESS / CURB RAMP 180 SF 10.25 100 $1,845
CURB AND GUTTER - 4.5" rolled 1,500 LF 14.00 100 $21,000CURB AND GUTTER - 6" 115 LF 16.00 100 $1,840 A.C. BERM OR DIKE - 6" LF 6.50 100SIDEWALK 6,280 SF 4.96 100 $31,149 4" THICK 2500 PSI CROSS GUTTER & SPANDREL SF 7.50 100STREET TREES 38 EA 500.00 100 $19,000 A.C. PAVING 3,343 SY 30.56 100 $102,155CLASS 2 AGGREGATE BASE 3,343 SY 30.00 100 $100,290 GEOTEXTILE FABRIC SF 0.57 100 Woven
SLURRY SEAL SY 9.80 100
TRAFFIC STRIPING (PAINT) LF 0.36 100 4" WIDE STRIPE
TRAFFIC STRIPING (THERMOPLASTIC) 750 LF 1.20 100 $900 4" WIDE TAPETRAFFIC MARKING 3 EA 187.50 100 $563 DIRECTIONAL ARROWS, ECT.STOP AND STOP BAR 1 EA 225.00 100 $225STOP AND STREET SIGN 1 EA 250.00 100 $250 INCLUDING POSTSTREET SIGN EA 105.50 100 INCLUDING POSTSTREET MONUMENTS 2 EA 225.00 100 $450 MARKERS / DELINEATORS EA 7.00 100OTHER EA 1.00 100
STREETS SUBTOTAL: $279,667
STORM DRAIN RISER INLET EA 1200.00 100STORM DRAIN DROP INLET EA 1440.00 100STORM DRAIN CURB INLET 3 EA 1790.00 100 $5,370 STORM DRAIN JUNCTION BOX EA 2300.00 100STORM DRAIN MANHOLE (PRECAST) 4 EA 2300.00 100 $9,200TIE INTO EX. STORM DRAIN 1 EA 5000.00 100 $5,000 HEADWALL EA 13.10 100 UP TO 30" PIPE
SIDEWALK UNDERDRAIN EA 1200.00 100RIP-RAP ENERGY DISAPATER EA 1200.00 100

STORM DRAIN PIPE
18" OR SMALLER HDPE /RCP / PVC 240 LF 75.00 100 $18,000 24" HDPE / RCP / PVC LF 45.00 100
30" HDPE / RCP LF 59.25 10036" HDPE / RCP LF 80.25 10048" HDPE / RCP LF 200.00 100 60" HDPE RCP LF 195.25 100
OTHER - 1 1/2" washed rock CY 60.00 100
STORM DRAIN SUBTOTAL: $37,570

STREETSSTORM DRAIN
2/17/2026 AT 11:36 AM 2
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CAT. ITEM QUANT UNIT $/UNIT % REMAIN. $ DESCRIPTION
Engineers Estimate
WATER
WATER METER 38 EA 764.00 100 $29,032 INCLUDING LATERAL, METER, BOX BACKFLOW PREVENTOR EA 1910.00 100 1" DOMESTIC OR LANDSCAPERAISE EX. WATER METER EA 250.00 100 FIRE HYDRANT ASSEMBLY 2 EA 4560.00 100 $9,120 4' DEEP LINE RESET FIRE HYDRANT EA 1230.00 100 REUSE EXISTING HYDRANTDOUBLE DETECTOR CHECK ASMY EA 12000.00 100 8" DDCFIRE DEPARTMENT CONNECTION EA 500.00 100POST INDICATOR VAVLE EA 450.00 100WATER - HOT TAP 1 EA 1500.00 100 $1,500 8X4 - TAPPING SLEEVEWATER GATE VALVE 2 EA 1980.00 100 $3,960 AVERAGE 6" DIAMETER W/BOX APPROX 4' DEEPADJUST VALVE BOX EA 209.00 BLOW-OFF EA 600.00 100
AIR / VAC EA 600.00 100WATER MAIN PIPE
3" OR SMALLER SCHEDULE 80 EA 8.50 100
4" C900 CL150 EA 10.33 100
6" C900 CL150 750 LF 22.75 100 $17,0638" C900 CL150 LF 19.52 100 10" C900 CL150 LF 25.43 10012" C900 CL150 LF 34.70 100
THRUST BLOCKS 6 EA 220.00 100 $1,320 1/4 CY
OTHER EA 1.00 100
WATER SUBTOTAL: $61,995
SEWER
SEWER LATERAL TIE IN 1 EA 750.00 100 $750
SEWER CLEANOUT 38 EA 433.00 100 $16,454SEWER MAIN
4" PVC - SDR 35 1,710 LF 16.75 100 $28,643
6" PVC - SDR 35 750 LF 25.00 100 $18,750
8" PVC - SDR 35 LF 15.89 10010" PVC - SDR 35 LF 19.23 100 12" PVC - SDR 35 LF 25.68 100
MANHOLE, TYPICAL 2 EA 1810.00 100 $3,620 AVERAGE 7' DEEP MANHOLE, DROP 1 EA 2380.00 100 $2,380 AVERAGE 10' DEEPTIE INTO EX. MANHOLE EA 1800.00 100MANHOLE (adjust cover per paving) EA 250.00 100BACK WATER VALVE EA 250.00 100OTHER EA 1.00 100 SEWER SUBTOTAL: $70,597
2/17/2026 AT 11:36 AM 3
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CAT. ITEM QUANT UNIT $/UNIT % REMAIN. $ DESCRIPTION
Engineers Estimate

DRY UTILITIES
JOINT TRENCH (St. lights, elec, ctv, tel) 1,500 LF 20.00 100 $30,000GAS MAIN LF 6.25 100 2" POLYETHYLENE GAS METER EA 320.00 100 250 CFH @ 5 LBSTEMPORARY UTILITY POLE EA 630.00 100 SERVICE POLE (RELOCATE) EA 630.00 100TELEPHONE POLE (RELOCATE) EA 2000.00 100 ELECTRICAL POLE (RELOCATE) EA 5000.00 100JOINT POLE (RELOCATION) EA 7500.00 100JOINT POLE & UNDERGROUND (RELO.) EA 10000.00 100SIDEWALK GUY SYSTEM EA 1000.00 100GUY POLE (RELOCATE) EA 1500.00 100GUY POLE & ANCHOR (RELOCATE) EA 2500.00 100OTHER EA 1.00 100 DRY UTILITIES SUBTOTAL: $30,000

WALLS / STRUCTURES
RETAINING WALLS 1-3 FEET LF 28.00 100
RETAINING WALLS 4-6 FEET LF 60.00 100
RETAINING WALLS 7-9 FEET LF 70.00 100
RETAINING WALLS 8-10 FEET LF 90.00 100BLOCK WALLS (SF. WALL FACE) 6,300 SF 30.00 100 $189,000DECORATIVE WOOD 860 LF 13.00 100 $11,180 OTHER EA 1.00 100
WALLS / STRUCTURES SUBTOTAL: $200,180
MISCELLANEOUS:

CHAIN LINK FENCE, 6' (M-4) LF 16.17 100
GATE EA 960.00 100 12' WIDE - DOUBLE WITH POSTS
LANDSCAPE AND IRRIGATION SF 1.25 100
HYDROSEED SLOPES SY 0.31 100
FIRE HYDRANT REFLECTORS 2 EA 30.00 100 $60
HANDICAP SIGNS EA 225.00 100EROSION CONTROL MEASURES 1 LS 25000.00 100 $25,000 STREET LIGHT 1 EA 2500.00 100 $2,500
OTHER EA 1.00 100
MISCELLANEOUS: SUBTOTAL: $27,560
AC ACRECY CUBIC YARD SUBTOTAL: 803,852
EA EACH CONTINGENCIES & INFLATION %: 20 160,770
LF LINEAR FOOT ENGINEERING ADMINISTRATION %: 5 40,193
LS LUMP SUM TOTAL: 1,004,815

SF SQUARE FOOT

HR HOUR
NOTES:
1 This estimate has been prepared for public works bonding purposes only. The contractor / owner is responsible for providing independent cost and quantities. 2 The unit prices in this estimate are derived using the 2013 BNI Public Works Cost Book.3 In the event that additional items are encountered during the bidding process, contact the engineer for clarification. 2/17/2026 AT 11:36 AM 4
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 7, 2026
March 18, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL 5059 (253, 252, 251) Project CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], (209) 571-5552
DESCRIPTION:

Consider approving the Plans and Specifications for the Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL 5059 (253, 252, 251) Project, accepting the Bid and Awarding a Contract to St. Francis Electric, LLC, of San Leandro, CA, for a total amount not to exceed $2,716,890. (Funding Source: Highway Safety Improvement Program (HSIP) and Local 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 to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

This project will occur at various locations and will remove and replace traffic signal hardware including traffic signal indications and backplates. Several crosswalks will be enhanced with the installation of a Rectangular Rapid Flashing Beacon (RRFB) and one High-Intensity Activated Crosswalk. All improvements within this project are to enhance roadway safety and will include striping and signage.

DISCUSSION:

The Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB) Project was advertised for bids on December 19, 2025. Bids #21..
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City Council, April 7, 2026
Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL (253, 252, 251) Project

were publicly opened on January 27, 2026, and St. Francis Electric, LLC, of San Leandro, CA, was the apparent low bidder. The bid tabulation is attached (Attachment 2).

The bid analysis is:

Number of responsive bids received 4
Number of bids within 10% of the engineer’s estimate 2
Number of bids above the engineer’s estimate 1
The bid from St. Francis Electric, LLC, is 13.59% below the engineer’s estimate. Staff determined that the bid is a reasonable bid for the project and bidder competition was evident, as the City received four (4) bids.

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. The award of contract for construction of the Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL (253, 252, 251) project, to St. Francis Electric, LLC, of San Leandro, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and St. Francis Electric, LLC, was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994- 443 on July 19, 1994, and 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 established a Contract change order authority of ten percent (10%) for Construction contracts of this dollar value. However, staff is requesting Council’s authority for a twenty percent (20%) contingency on this project. The existing traffic signal equipment has been in place for several decades and any discrepancy between as-built drawings and actual field conditions will potentially lead to additional costs.

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.

FISCAL IMPACT:

Funding for the construction, contingency, construction administration, and City staff design support during construction is budgeted in the following current FY 2025-2026 Capital Improvement Program budget accounts:
101362 – Capital Grants - Streets CIP Projects – 3160 “Install Signal Heads at 70 Int” 101361 – Capital Grants - Streets CIP Projects – 3160 “Install RRFB at 3 Locations” 101333 – Capital Grants - Streets CIP Projects – 3160 “Install RRFB at 10 Locations” #21..
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City Council, April 7, 2026
Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL (253, 252, 251) Project

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract $2,264,075
Construction Contingency (20%) $452,815
Construction Admin City Staff (12.75%) $346,404
Design Support During Construction – City Staff (2.25%) $61,131 TOTAL ANTICIPATED EXPENDITURES: $3,124,425
This project is being funded with Highway Safety Improvement Program (HSIP) funds and the balance from Local Measure L Funds.

COMMITTEE RECOMMENDATION:

On March 9, 2026, this item was considered by Safety and Communities Committee, which recommended it to be forward to Council for approval.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, Class 1, item (c), EA/CEDD 2021-02, filed on December 30, 2021.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL 5059 (253, 252, 251) Project, accepting the Bid and Awarding a Contract to St. Francis Electric, LLC, of San Leandro, CA, in the amount of $2,264,075, and authorizing Change Orders up to a cumulative amount of $452,815, for a total Agreement amount not to exceed $2,716,890, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Bid Results

3. Contract with St. Francis Electric, LLC (including Exhibits A-E)

4. Financial Interest Disclosure Form – St. Francis Electric, LLC #21..
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04/07/2026/ESD/M. Sacuskie/Item 1 2026-

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

RETROREFLECTIVE BACKPLATES, LED STOP SIGNS INSTALLATION, RECTANGULAR RAPID FLASHING BEACONS (RRFB), HSIPSL 5059 (253, 252, 251) PROJECT, ACCEPTING THE BID AND AWARDING AN
AGREEMENT TO ST. FRANCIS ELECTRIC, LLC, OF SAN LEANDRO, CA, IN THE AMOUNT OF $2,264,075, AND AUTHORIZING CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF $452,815, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $2,716,890, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, plans and specifications have been prepared for the Retroreflective Backplates, LED Stop Signs Install, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL 5059 (253, 252, 251) Project, and City staff recommends approval by the City Council; and
WHEREAS, the bids received for the Retroreflective Backplates, LED Stop Signs Install, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL 5059 (253, 252, 251) Project, were publicly opened at 11:00 a.m. on January 27, 2026, and later tabulated by the Director of Engineering Services Department for the consideration of Council; and WHEREAS, the Director of Engineering Services Department has recommended that the bid of $2,264,075 received from St. Francis Electric, LLC, of San Leandro, CA, be accepted as the lowest responsible and responsive bid and the contract be awarded to St. Francis Electric, LLC; and
WHEREAS, the Director of Engineering Services is authorized to approve Change Orders up to the cumulative amount of $452,815 (20% of the original contract price); 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; and
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04/07/2026/ESD/M. Sacuskie/Item 2 2026-
WHEREAS, an award of $2,264,075 and agreement for construction with St.

Francis Electric, LLC, of Hughson, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and St. Francis Electric, LLC, was the lowest responsive and responsible bidder.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the plans and specifications for the Retroreflective Backplates, LED Stop Signs Install, Rectangular Rapid Flashing Beacons (RRFB), HSIPSL 5059 (253, 252, 251) Project, accepting the bid, and awarding an agreement to St. Francis Electric, LLC, of San Leandro, CA, in the amount of $2,264,075, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $452,815 (20% of the original contract price) for a total agreement amount not to exceed $2,716,890.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #21..
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04/07/2026/ESD/M. Sacuskie/Item 3 2026-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of April 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ______________________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Bid Tabulation Thursday, January 29, 2026
Project Title: Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Project ID #: 2026-09
Vault ID #: 25-D-0260
Account #: 101362, 101361, 101333
Bid Opening: 1/27/2026 at 11:00 AM Designer: TJKM
Basis of Award: By Base Bid Design Manager: Max Navarro Project Description: Project includes the installation of rectangular rapid flashing beacons, a high intensity activated crosswalk, LED stop signs, ATC cabinets with all components, APS push buttons, signal head and hardware, signal indications and hardware, and various striping improvements.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
St. Francis Electric
PH (510) 639-0639 975 Carden Street, San Leandro, CA 94577 Base Bid
1001. Remove and Salvage Existing Traffic Signal EA 814 $214.00 $174,196.00 Indication, Mounting Framework, and Backplate
1002. Furnish and Install 3-Section 12” Traffic Signal EA 224 $950.00 $212,800.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Ball Indication)
1003. Furnish and Install 3-Section 12” Traffic Signal EA 43 $950.00 $40,850.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Arrow Indication)
1004. Furnish and Install 3-Section 12” Traffic Signal EA 1 $1,515.00 $1,515.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate (Ball Indication)
1005. Furnish and Install 4-Section 12” Traffic Signal EA 21 $1,310.00 $27,510.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1006. Furnish and Install 4-Section 12" Traffic Signal EA 2 $2,260.00 $4,520.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate
1007. Furnish and Install 4-Section Flashing Yellow 12” EA 78 $1,540.00 $120,120.00 Traffic Signal Indication & Framework with Yellow
Retroreflective Border Backplate
1008. Furnish and Install 5-Section 12" Traffic Signal EA 2 $2,150.00 $4,300.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1009. Furnish and Install 12" Bike Signal Indication and EA 8 $1,660.00 $13,280.00 Framework with Yellow Retroreflective Border
Backplate
1010. Furnish and Install 3-Section SV-1-T Mounting EA 196 $900.00 $176,400.00 Assembly
1011. Furnish and Install 3-Section SV-2-T Mounting EA 33 $1,080.00 $35,640.00 Assembly
1012. Furnish and Install 3-Section SV-3-T Mounting EA 7 $1,320.00 $9,240.00 Assembly
#21..
- 852 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension 1013. Furnish and Install 3-Section TV-1-T Mounting EA 106 $1,050.00 $111,300.00 Assembly
1014. Furnish and Install 3-Section TV-2-T Mounting EA 14 $1,195.00 $16,730.00 Assembly
1015. Furnish and Install 3-Section TV-3-T Mounting EA 2 $1,900.00 $3,800.00 Assembly
1016. Furnish and Install 3-Section TV-4-T Mounting EA 1 $2,200.00 $2,200.00 Assembly
1017. Furnish and Install MAS Mounting Assembly EA 272 $507.00 $137,904.00 1018. Furnish and Install MAS-4B Mounting Assembly EA 56 $507.00 $28,392.00 1019. Furnish and Install Extension for Proposed EA 11 $500.00 $5,500.00 3-Section Indication Mounted on Proposed
4-Section Indication Mounting
1020. Furnish and Install Extension for Proposed EA 1 $730.00 $730.00 3-Section Indication Mounted on Proposed
5-Section Indication Mounting
1021. Furnish and Install 4-Section TV-1-T Mounting EA 32 $1,180.00 $37,760.00 Assembly
1022. Furnish and Install 4-Section TV-2-T Mounting EA 6 $1,310.00 $7,860.00 Assembly
1023. Furnish and Install 4-Section SV-1-T Mounting EA 2 $1,025.00 $2,050.00 Assembly
1024. Furnish and Install 4-Section SV-2-T Mounting EA 1 $1,310.00 $1,310.00 Assembly
1025. Furnish and Install 4-Section SV-3-T Mounting EA 2 $1,415.00 $2,830.00 Assembly
1026. Furnish and Install 5-Section SV-1-T Mounting EA 1 $1,715.00 $1,715.00 Assembly
1027. Furnish and Install 5-Section TV-2-T Mounting EA 1 $2,185.00 $2,185.00 Assembly
1028. Remove Existing and Furnish and Install New EA 37 $430.00 $15,910.00 Overhead Signs
1029. Traffic Control, Barricades, and Other Related Fees LS 1 $50,000.00 $50,000.00 1030. Mobilization/Demobilization LS 1 $30,000.00 $30,000.00 1031. Water Pollution Control Plan (WPCP) LS 1 $4,200.00 $4,200.00 2001. Clearing, Grubbing & Mobilization LS 1 $28,000.00 $28,000.00 2002. HAWK System - Sylvan Ave at North Hampton Ln LS 1 $262,780.00 $262,780.00 - with Striping and Signing Complete Operational per
plans, including Traffic Control
2003. Install LED Stop Signs on All Approaches - LS 1 $121,300.00 $121,300.00 Jefferson St at Vine St, Wylie Dr at Rose Ave,
Rumble Rd at Carver Rd, and Poust Rd at
Chapparal Pl. Complete Operational per plans,
Including Traffic Control
2004. Monument Preservation LS 1 $8,600.00 $8,600.00
3001. Clearing, Grubbing & Mobilization LS 1 $22,000.00 $22,000.00 3002. RRFB - Granger Ave at Florida Ave - with Striping LS 1 $59,500.00 $59,500.00 and Signing Complete Operational per plans,
including Traffic Control
3003. RRFB - Morris Ave at Auburn St - with Striping LS 1 $61,400.00 $61,400.00 and Signing Complete Operational per plans,
including Traffic Control
3004. RRFB - Tully Rd at Leonard Ave - with Striping LS 1 $164,000.00 $164,000.00 #21..
- 853 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension and Signing Complete Operational per plans,
including Traffic Control
3005. RRFB - Tully Rd at Modesto Junior College - with LS 1 $122,800.00 $122,800.00 Striping and Signing Complete Operational per
plans, including Traffic Control
3006. RRFB - Stoddard Ave at Modesto Junior College LS 1 $71,540.00 $71,540.00 -with Striping and Signing Complete Operational
per plans, including Traffic Control
3007. Monument Preservation LS 1 $5,600.00 $5,600.00
Subtotal: $2,210,267.00
Bid Alternate 2
1201. Remove Existing Striping LF 2,700 $1.92 $5,184.00 1202. Install 12" Limit Line LF 3,000 $10.80 $32,400.00 1203. Install Detail 22 LF 1,000 $2.10 $2,100.00
1204. Install Detail 38 LF 600 $1.20 $720.00
1205. Install Pavement Marking SF 130 $10.80 $1,404.00
1206. Traffic Control for Striping Work LS 1 $12,000.00 $12,000.00 Subtotal: $53,808.00
Total: $2,264,075.00
Percent From Engineer's Estimate: -13.59%
Hart Design Build Inc.

PH (818) 538-5142 3449 Angelus Avenue, Glendale, CA 91208 Base Bid
1001. Remove and Salvage Existing Traffic Signal EA 814 $414.00 $336,996.00 Indication, Mounting Framework, and Backplate
1002. Furnish and Install 3-Section 12” Traffic Signal EA 224 $2,134.00 $478,016.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Ball Indication)
1003. Furnish & Install 3-Section 12” Traffic Signal EA 43 $2,134.00 $91,762.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Arrow Indication)
1004. Furnish and Install 3-Section 12” Traffic Signal EA 1 $2,134.00 $2,134.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate (Ball Indication)
1005. Furnish and Install 4-Section 12” Traffic Signal EA 21 $2,740.00 $57,540.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1006. Furnish and Install 4-Section 12" Traffic Signal EA 2 $2,740.00 $5,480.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate
1007. Furnish and Install 4-Section Flashing Yellow 12” EA 78 $2,740.00 $213,720.00 Traffic Signal Indication and Framework with Yellow
Retroreflective Border Backplate
1008. Furnish and Install 5-Section 12" Traffic Signal EA 2 $3,170.00 $6,340.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1009. Furnish and Install 12" Bike Signal Indication and EA 8 $1,640.00 $13,120.00 Framework with Yellow Retroreflective Border
Backplate
1010. Furnish and Install 3-Section SV-1-T Mounting EA 196 $520.00 $101,920.00 Assembly
#21..
- 854 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension 1011. Furnish and Install 3-Section SV-2-T Mounting EA 33 $640.00 $21,120.00 Assembly
1012. Furnish and Install 3-Section SV-3-T Mounting EA 7 $805.00 $5,635.00 Assembly
1013. Furnish and Install 3-Section TV-1-T Mounting EA 106 $585.00 $62,010.00 Assembly
1014. Furnish and Install 3-Section TV-2-T Mounting EA 14 $655.00 $9,170.00 Assembly
1015. Furnish and Install 3-Section TV-3-T Mounting EA 2 $1,020.00 $2,040.00 Assembly
1016. Furnish and Install 3-Section TV-4-T Mounting EA 1 $1,450.00 $1,450.00 Assembly
1017. Furnish and Install MAS Mounting Assembly EA 272 $240.00 $65,280.00 1018. Furnish and Install MAS-4B Mounting Assembly EA 56 $270.00 $15,120.00 1019. Furnish and Install Extension for Proposed EA 11 $68.00 $748.00 3-Section Indication Mounted on Proposed
4-Section Indication Mounting
1020. Furnish and Install Extension for Proposed EA 1 $68.00 $68.00 3-Section Indication Mounted on Proposed
5-Section Indication Mounting
1021. Furnish and Install 4-Section TV-1-T Mounting EA 32 $675.00 $21,600.00 Assembly
1022. Furnish and Install 4-Section TV-2-T Mounting EA 6 $870.00 $5,220.00 Assembly
1023. Furnish and Install 4-Section SV-1-T Mounting EA 2 $530.00 $1,060.00 Assembly
1024. Furnish and Install 4-Section SV-2-T Mounting EA 1 $740.00 $740.00 Assembly
1025. Furnish and Install 4-Section SV-3-T Mounting EA 2 $940.00 $1,880.00 Assembly
1026. Furnish and Install 5-Section SV-1-T Mounting EA 1 $540.00 $540.00 Assembly
1027. Furnish and Install 5-Section TV-2-T Mounting EA 1 $860.00 $860.00 Assembly
1028. Remove Existing and Furnish and Install New EA 37 $1,770.00 $65,490.00 Overhead Signs
1029. Traffic Control, Barricades, and Other Related Fees LS 1 $445,760.00 $445,760.00 1030. Mobilization/Demobilization LS 1 $66,080.00 $66,080.00 1031. Water Pollution Control Plan (WPCP) LS 1 $1,008.00 $1,008.00 2001. Clearing, Grubbing & Mobilization LS 1 $29,120.00 $29,120.00 2002. HAWK System - Sylvan Ave at North Hampton Ln LS 1 $17,070.00 $17,070.00 - with Striping and Signing Complete Operational per
plans, including Traffic Control
2003. Install LED Stop Signs on All Approaches - LS 1 $128,800.00 $128,800.00 Jefferson St at Vine St, Wylie Dr at Rose Ave,
Rumble Rd at Carver Rd, and Poust Rd at
Chapparal Pl. Complete Operational per plans,
Including Traffic Control
2004. Monument Preservation LS 1 $1,680.00 $1,680.00
3001. Clearing, Grubbing & Mobilization LS 1 $6,270.00 $6,270.00 3002. RRFB - Granger Ave at Florida Ave - with Striping LS 1 $8,535.00 $8,535.00 and Signing Complete Operational per plans,
including Traffic Control
#21..
- 855 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension 3003. RRFB - Morris Ave at Auburn St - with Striping LS 1 $8,535.00 $8,535.00 and Signing Complete Operational per plans,
including Traffic Control
3004. RRFB - Tully Rd at Leonard Ave - with Striping LS 1 $8,535.00 $8,535.00 and Signing Complete Operational per plans,
including Traffic Control
3005. RRFB - Tully Rd at Modesto Junior College - with LS 1 $8,535.00 $8,535.00 Striping and Signing Complete Operational per
plans, including Traffic Control
3006. RRFB - Stoddard Ave at Modesto Junior College LS 1 $8,535.00 $8,535.00 - with Striping and Signing Complete Operational
per plans, including Traffic Control
3007. Monument Preservation LS 1 $2,800.00 $2,800.00
Subtotal: $2,328,322.00
Bid Alternate 2
1201. Remove Existing Striping LF 2,700 $6.50 $17,550.00 1202. Install 12" Limit Line LF 3,000 $6.50 $19,500.00
1203. Install Detail 22 LF 1,000 $6.50 $6,500.00
1204. Install Detail 38 LF 600 $6.50 $3,900.00
1205. Install Pavement Marking SF 130 $6.50 $845.00
1206. Traffic Control for Striping Work LS 1 $7,000.00 $7,000.00 Subtotal: $55,295.00
Total: $2,383,617.00
Percent From Engineer's Estimate: -9.03%
Bear Electrical Solutions, Inc
PH (408) 449-5178 1252 State Street, Alviso, CA 95002-0924 Base Bid
1001. Remove and Salvage Existing Traffic Signal EA 814 $100.00 $81,400.00 Indication, Mounting Framework, and Backplate
1002. Furnish and Install 3-Section 12” Traffic Signal EA 224 $960.00 $215,040.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Ball Indication)
1003. Furnish and Install 3-Section 12” Traffic Signal EA 43 $1,110.00 $47,730.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Arrow Indication)
1004. Furnish and Install 3-Section 12” Traffic Signal EA 1 $1,435.00 $1,435.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate (Ball Indication)
1005. Furnish and Install 4-Section 12” Traffic Signal EA 21 $1,145.00 $24,045.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1006. Furnish and Install 4-Section 12" Traffic Signal EA 2 $1,975.00 $3,950.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate
1007. Furnish and Install 4-Section Flashing Yellow 12” EA 78 $1,500.00 $117,000.00 Traffic Signal Indication and Framework with Yellow
Retroreflective Border Backplate
1008. Furnish and Install 5-Section 12" Traffic Signal EA 2 $1,550.00 $3,100.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1009. Furnish and Install 12" Bike Signal Indication and EA 8 $1,125.00 $9,000.00 #21..
- 856 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension Framework with Yellow Retroreflective Border
Backplate
1010. Furnish and Install 3-Section SV-1-T Mounting EA 196 $965.00 $189,140.00 Assembly
1011. Furnish and Install 3-Section SV-2-T Mounting EA 33 $1,500.00 $49,500.00 Assembly
1012. Furnish and Install 3-Section SV-3-T Mounting EA 7 $1,950.00 $13,650.00 Assembly
1013. Furnish and Install 3-Section TV-1-T Mounting EA 106 $1,100.00 $116,600.00 Assembly
1014. Furnish and Install 3-Section TV-2-T Mounting EA 14 $1,575.00 $22,050.00 Assembly
1015. Furnish and Install 3-Section TV-3-T Mounting EA 2 $2,100.00 $4,200.00 Assembly
1016. Furnish and Install 3-Section TV-4-T Mounting EA 1 $2,500.00 $2,500.00 Assembly
1017. Furnish and Install MAS Mounting Assembly EA 272 $570.00 $155,040.00 1018. Furnish and Install MAS-4B Mounting Assembly EA 56 $570.00 $31,920.00 1019. Furnish and Install Extension for Proposed EA 11 $60.00 $660.00 3-Section Indication Mounted on Proposed
4-Section Indication Mounting
1020. Furnish and Install Extension for Proposed EA 1 $70.00 $70.00 3-Section Indication Mounted on Proposed
5-Section Indication Mounting
1021. Furnish and Install 4-Section TV-1-T Mounting EA 32 $1,125.00 $36,000.00 Assembly
1022. Furnish and Install 4-Section TV-2-T Mounting EA 6 $1,590.00 $9,540.00 Assembly
1023. Furnish and Install 4-Section SV-1-T Mounting EA 2 $980.00 $1,960.00 Assembly
1024. Furnish and Install 4-Section SV-2-T Mounting EA 1 $1,500.00 $1,500.00 Assembly
1025. Furnish and Install 4-Section SV-3-T Mounting EA 2 $1,875.00 $3,750.00 Assembly
1026. Furnish and Install 5-Section SV-1-T Mounting EA 1 $980.00 $980.00 Assembly
1027. Furnish and Install 5-Section TV-2-T Mounting EA 1 $1,600.00 $1,600.00 Assembly
1028. Remove Existing and Furnish and Install New EA 37 $1,000.00 $37,000.00 Overhead Signs
1029. Traffic Control, Barricades, and Other Related Fees LS 1 $190,000.00 $190,000.00 1030. Mobilization/Demobilization LS 1 $31,175.00 $31,175.00 1031. Water Pollution Control Plan (WPCP) LS 1 $11,000.00 $11,000.00 2001. Clearing, Grubbing & Mobilization LS 1 $45,500.00 $45,500.00 2002. HAWK System - Sylvan Ave at North Hampton Ln LS 1 $317,000.00 $317,000.00 - with Striping and Signing Complete Operational per
plans, including Traffic Control
2003. Install LED Stop Signs on All Approaches - LS 1 $144,600.00 $144,600.00 Jefferson St at Vine St, Wylie Dr at Rose Ave,
Rumble Rd at Carver Rd, and Poust Rd at
Chapparal Pl. Complete Operational per plans,
Including Traffic Control
2004. Monument Preservation LS 1 $1,100.00 $1,100.00
#21..
- 857 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension 3001. Clearing, Grubbing & Mobilization LS 1 $31,750.00 $31,750.00 3002. RRFB - Granger Ave at Florida Ave - with Striping LS 1 $53,000.00 $53,000.00 and Signing Complete Operational per plans,
including Traffic Control
3003. RRFB - Morris Ave at Auburn St - with Striping LS 1 $52,175.00 $52,175.00 and Signing Complete Operational per plans,
including Traffic Control
3004. RRFB - Tully Rd at Leonard Ave - with Striping LS 1 $162,500.00 $162,500.00 and Signing Complete Operational per plans,
including Traffic Control
3005. RRFB - Tully Rd at Modesto Junior College - with LS 1 $93,000.00 $93,000.00 Striping and Signing Complete Operational per
plans, including Traffic Control
3006. RRFB - Stoddard Ave at Modesto Junior College LS 1 $62,500.00 $62,500.00 - with Striping and Signing Complete Operational
per plans, including Traffic Control
3007. Monument Preservation LS 1 $1,100.00 $1,100.00
Subtotal: $2,376,760.00
Bid Alternate 2
1201. Remove Existing Striping LF 2,700 $1.70 $4,590.00 1202. Install 12" Limit Line LF 3,000 $9.50 $28,500.00
1203. Install Detail 22 LF 1,000 $1.90 $1,900.00
1204. Install Detail 38 LF 600 $1.10 $660.00
1205. Install Pavement Marking SF 130 $9.50 $1,235.00
1206. Traffic Control for Striping Work LS 1 $10,600.00 $10,600.00 Subtotal: $47,485.00
Total: $2,424,245.00
Percent From Engineer's Estimate: -7.48%
PTM General Engineering Services, Inc.

PH (951) 710-1000 5942 Acorn Street, Riverside, CA 92504 Base Bid
1001. Remove and Salvage Existing Traffic Signal EA 814 $470.00 $382,580.00 Indication, Mounting Framework, and Backplate
1002. Furnish and Install 3-Section 12” Traffic Signal EA 224 $1,225.00 $274,400.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Ball Indication)
1003. Furnish and Install 3-Section 12” Traffic Signal EA 43 $1,225.00 $52,675.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Arrow Indication)
1004. Furnish and Install 3-Section 12” Traffic Signal EA 1 $1,675.00 $1,675.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate (Ball Indication)
1005. Furnish and Install 4-Section 12” Traffic Signal EA 21 $1,710.00 $35,910.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1006. Furnish and Install 4-Section 12" Traffic Signal EA 2 $2,500.00 $5,000.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate
1007. Furnish and Install 4-Section Flashing Yellow 12” EA 78 $1,915.00 $149,370.00 Traffic Signal Indication and Framework with Yellow
Retroreflective Border Backplate
#21..
- 858 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension 1008. Furnish and Install 5-Section 12" Traffic Signal EA 2 $2,430.00 $4,860.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1009. Furnish and Install 12" Bike Signal Indication and EA 8 $1,690.00 $13,520.00 Framework with Yellow Retroreflective Border
Backplate
1010. Furnish and Install 3-Section SV-1-T Mounting EA 196 $1,235.00 $242,060.00 Assembly
1011. Furnish and Install 3-Section SV-2-T Mounting EA 33 $1,505.00 $49,665.00 Assembly
1012. Furnish and Install 3-Section SV-3-T Mounting EA 7 $1,720.00 $12,040.00 Assembly
1013. Furnish and Install 3-Section TV-1-T Mounting EA 106 $1,365.00 $144,690.00 Assembly
1014. Furnish and Install 3-Section TV-2-T Mounting EA 14 $1,590.00 $22,260.00 Assembly
1015. Furnish and Install 3-Section TV-3-T Mounting EA 2 $1,870.00 $3,740.00 Mounting Assembly
1016. Furnish and Install 3-Section TV-4-T Mounting EA 1 $2,080.00 $2,080.00 Assembly
1017. Furnish and Install MAS Mounting Assembly EA 272 $855.00 $232,560.00 1018. Furnish and Install MAS-4B Mounting Assembly EA 56 $1,165.00 $65,240.00 1019. Furnish and Install Extension for Proposed EA 11 $740.00 $8,140.00 3-Section Indication Mounted on Proposed
4-Section Indication Mounting
1020. Furnish and Install Extension for Proposed EA 1 $1,065.00 $1,065.00 3-Section Indication Mounted on Proposed
5-Section Indication Mounting
1021. Furnish and Install 4-Section TV-1-T Mounting EA 32 $1,535.00 $49,120.00 Assembly
1022. Furnish and Install 4-Section TV-2-T Mounting EA 6 $1,915.00 $11,490.00 Assembly
1023. Furnish and Install 4-Section SV-1-T Mounting EA 2 $1,400.00 $2,800.00 Assembly
1024. Furnish and Install 4-Section SV-2-T Mounting EA 1 $1,820.00 $1,820.00 Assembly
1025. Furnish and Install 4-Section SV-3-T Mounting EA 2 $2,125.00 $4,250.00 Assembly
1026. Furnish and Install 5-Section SV-1-T Mounting EA 1 $1,030.00 $1,030.00 Assembly
1027. Furnish and Install 5-Section TV-2-T Mounting EA 1 $1,940.00 $1,940.00 Assembly
1028. Remove Existing and Furnish and Install New EA 37 $550.00 $20,350.00 Overhead Signs
1029. Traffic Control, Barricades, and Other Related Fees LS 1 $92,200.00 $92,200.00 1030. Mobilization/Demobilization LS 1 $95,589.00 $95,589.00 1031. Water Pollution Control Plan (WPCP) LS 1 $6,000.00 $6,000.00 2001. Clearing, Grubbing & Mobilization LS 1 $24,000.00 $24,000.00 2002. HAWK System - Sylvan Ave at North Hampton Ln LS 1 $335,000.00 $335,000.00 - with Striping and Signing Complete Operational per
Plans, including Traffic Control
2003. Install LED Stop Signs on All Approaches - LS 1 $141,000.00 $141,000.00 Jefferson St at Vine St, Wylie Dr at Rose Ave,
#21..
- 859 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension Rumble Rd at Carver Rd, and Poust Rd at
Chapparal Pl. Complete Operational per plans,
Including Traffic Control
2004. Monument Preservation LS 1 $2,000.00 $2,000.00
3001. Clearing, Grubbing & Mobilization LS 1 $17,950.00 $17,950.00 3002. RRFB - Granger Ave at Florida Ave - with Striping LS 1 $63,000.00 $63,000.00 and Signing Complete Operational per plans,
including Traffic Control
3003. RRFB - Morris Ave at Auburn St - with Striping LS 1 $61,000.00 $61,000.00 and Signing Complete Operational per plans,
including Traffic Control
3004. RRFB - Tully Rd at Leonard Ave - with Striping LS 1 $165,000.00 $165,000.00 and Signing Complete Operational per plans,
including Traffic Control
3005. RRFB - Tully Rd at Modesto Junior College - with LS 1 $155,000.00 $155,000.00 Striping and Signing Complete Operational per
plans, including Traffic Control
3006. RRFB - Stoddard Ave at Modesto Junior College LS 1 $138,000.00 $138,000.00 - with Striping and Signing Complete Operational
per plans, including Traffic Control
3007. Monument Preservation LS 1 $4,000.00 $4,000.00
Subtotal: $3,096,069.00
Bid Alternate 2
1201. Remove Existing Striping LF 2,700 $2.00 $5,400.00 1202. Install 12" Limit Line LF 3,000 $11.25 $33,750.00 1203. Install Detail 22 LF 1,000 $2.20 $2,200.00
1204. Install Detail 38 LF 600 $1.25 $750.00
1205. Install Pavement Marking SF 130 $11.25 $1,462.50
1206. Traffic Control for Striping Work LS 1 $12,500.00 $12,500.00 Subtotal: $56,062.50
Total: $3,152,131.50
Percent From Engineer's Estimate: 20.30%
Engineer's Estimate
Base Bid
1001. Remove and Salvage Existing Traffic Signal EA 814 $350.00 $284,900.00 Indication, Mounting Framework, and Backplate
1002. Furnish and Install 3-Section 12” Traffic Signal EA 224 $1,500.00 $336,000.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Ball Indication)
1003. Furnish and Install 3-Section 12” Traffic Signal EA 43 $1,500.00 $64,500.00 Indication and Framework with Yellow Retroreflective
Border Backplate (Arrow Indication)
1004. Furnish and Install 3-Section 12” Traffic Signal EA 1 $1,750.00 $1,750.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate (Ball Indication)
1005. Furnish and Install 4-Section 12” Traffic Signal EA 21 $1,750.00 $36,750.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1006. Furnish and Install 4-Section 12" Traffic Signal EA 2 $2,000.00 $4,000.00 Indication with Louvers and Framework with Yellow
Retroreflective Border Backplate
#21..
- 860 -

HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension 1007. Furnish and Install 4-Section Flashing Yellow 12” EA 78 $2,000.00 $156,000.00 Traffic Signal Indication and Framework with Yellow
Retroreflective Border Backplate
1008. Furnish and Install 5-Section 12" Traffic Signal EA 2 $2,250.00 $4,500.00 Indication and Framework with Yellow Retroreflective
Border Backplate
1009. Furnish and Install 12" Bike Signal Indication and EA 8 $1,500.00 $12,000.00 Framework with Yellow Retroreflective Border
Backplate
1010. Furnish and Install 3-Section SV-1-T Mounting EA 196 $500.00 $98,000.00 Assembly
1011. Furnish and Install 3-Section SV-2-T Mounting EA 33 $750.00 $24,750.00 Assembly
1012. Furnish and Install 3-Section SV-3-T Mounting EA 7 $1,000.00 $7,000.00 Assembly
1013. Furnish and Install 3-Section TV-1-T Mounting EA 106 $500.00 $53,000.00 Assembly
1014. Furnish and Install 3-Section TV-2-T Mounting EA 14 $750.00 $10,500.00 Assembly
1015. Furnish and Install 3-Section TV-3-T Mounting EA 2 $1,000.00 $2,000.00 Assembly
1016. Furnish and Install 3-Section TV-4-T Mounting EA 1 $12,500.00 $12,500.00 Assembly
1017. Furnish and Install MAS Mounting Assembly EA 272 $250.00 $68,000.00 1018. Furnish and Install MAS-4B Mounting Assembly EA 56 $250.00 $14,000.00 1019. Furnish and Install Extension for Proposed EA 11 $150.00 $1,650.00 3-Section Indication Mounted on Proposed
4-Section Indication Mounting
1020. Furnish and Install Extension for Proposed EA 1 $200.00 $200.00 3-Section Indication Mounted on Proposed
5-Section Indication Mounting
1021. Furnish and Install 4-Section TV-1-T Mounting EA 32 $500.00 $16,000.00 Assembly
1022. Furnish and Install 4-Section TV-2-T Mounting EA 6 $750.00 $4,500.00 Assembly
1023. Furnish and Install 4-Section SV-1-T Mounting EA 2 $500.00 $1,000.00 Assembly
1024. Furnish and Install 4-Section SV-2-T Mounting EA 1 $750.00 $750.00 Assembly
1025. Furnish and Install 4-Section SV-3-T Mounting EA 2 $1,000.00 $2,000.00 Assembly
1026. Furnish and Install 5-Section SV-1-T Mounting EA 1 $500.00 $500.00 Assembly
1027. Furnish and Install 5-Section TV-2-T Mounting EA 1 $750.00 $750.00 Assembly
1028. Remove Existing and Furnish and Install New EA 37 $850.00 $31,450.00 Overhead Signs
1029. Traffic Control, Barricades, and Other Related Fees LS 1 $322,170.00 $322,170.00 1030. Mobilization/Demobilization LS 1 $80,542.50 $80,542.50 1031. Water Pollution Control Plan (WPCP) LS 1 $20,000.00 $20,000.00 2001. Clearing, Grubbing & Mobilization LS 1 $15,119.00 $15,119.00 2002. HAWK System - Sylvan Ave at North Hampton Ln LS 1 $257,800.00 $257,800.00 - w/ Striping & Signing Complete Operational per
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HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item # Item Description Units Quantity Unit Price Extension plans, including Traffic Control
2003. Install LED Stop Signs on All Approaches - LS 1 $55,000.00 $55,000.00 Jefferson St at Vine St, Wylie Dr at Rose Ave,
Rumble Rd at Carver Rd, and Poust Rd at
Chapparal Pl. Complete Operational per plans,
Including Traffic Control
2004. Monument Preservation LS 1 $2,000.00 $2,000.00
3001. Clearing, Grubbing & Mobilization LS 1 $20,000.00 $20,000.00 3002. RRFB - Granger Ave at Florida Ave - with Striping LS 1 $70,800.00 $70,800.00 and Signing Complete Operational per plans,
including Traffic Control
3003. RRFB - Morris Ave at Auburn St - with Striping LS 1 $68,100.00 $68,100.00 and Signing Complete Operational per plans,
including Traffic Control
3004. RRFB - Tully Rd at Leonard Ave - with Striping LS 1 $168,800.00 $168,800.00 and Signing Complete Operational per plans,
including Traffic Control
3005. RRFB - Tully Rd at Modesto Junior College - with LS 1 $148,000.00 $148,000.00 Striping and Signing Complete Operational
per plans, including Traffic Control
3006. RRFB - Stoddard Ave at Modesto Junior College LS 1 $80,000.00 $80,000.00 - with Striping and Signing Complete Operational
per plans, including Traffic Control
3007. Monument Preservation LS 1 $10,000.00 $10,000.00
Subtotal: $2,567,281.50
Bid Alternate 2
1201. Remove Existing Striping LF 2,700 $3.00 $8,100.00 1202. Install 12" Limit Line LF 3,000 $6.00 $18,000.00
1203. Install Detail 22 LF 1,000 $4.00 $4,000.00
1204. Install Detail 38 LF 600 $3.00 $1,800.00
1205. Install Pavement Marking SF 130 $8.00 $1,040.00
1206. Traffic Control for Striping Work LS 1 $20,000.00 $20,000.00 Subtotal: $52,940.00
Total: $2,620,221.50
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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 #21..
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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 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 -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 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 #21..
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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 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 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 #21..
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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)
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)
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 #21..
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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
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.
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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.
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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. #21..
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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].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) Title VI Assurances with Appendices A - E
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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.*
(*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 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;
Title VI Assurances with Appendices A - E
12 of 13
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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).

Title VI Assurances with Appendices A - E
13 of 13
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Exhibit E-1 City of Modesto
HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)

EXHIBIT E
CONTRACTOR’S BID
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
BASE BID - HSIP 5059 (253) RETROREFLECTIVE BACKPLATES (101362) 1001. Remove and Salvage Existing Traffic
Signal Indication, Mounting
Framework, and Backplate
EA 814 $214.00 $174,196.00
1002. Furnish and Install 3-Section 12”
Traffic Signal Indication and
Framework with Yellow
Retroreflective Border Backplate
(Ball Indication)
EA 224 $950.00 $212,800.00
1003. Furnish and Install 3-Section 12”
Traffic Signal Indication and
Framework with Yellow
Retroreflective Border Backplate
(Arrow Indication)
EA 43 $950.00 $40,850.00
1004. Furnish and Install 3-Section 12”
Traffic Signal Indication with
Louvers and Framework with Yellow
Retroreflective Border Backplate
(Ball Indication)
EA 1 $1,515.00 $1,515.00
1005. Furnish and Install 4-Section 12”
Traffic Signal Indication and
Framework with Yellow
Retroreflective Border Backplate
EA 21 $1,310.00 $27,510.00
1006. Furnish and Install 4-Section 12"
Traffic Signal Indication with
Louvers and Framework with Yellow
Retroreflective Border Backplate
EA 2 $2,260.00 $4,520.00
1007. Furnish and Install 4-Section
Flashing Yellow 12” Traffic Signal
Indication & Framework with
Yellow Retroreflective Border
Backplate
EA 78 $1,540.00 $120,120.00
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Exhibit E-2 City of Modesto
HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1008. Furnish and Install 5-Section 12"
Traffic Signal Indication and
Framework with Yellow
Retroreflective Border Backplate
EA 2 $2,150.00 $4,300.00
1009. Furnish and Install 12" Bike Signal
Indication and Framework with
Yellow Retroreflective Border
Backplate
EA 8 $1,660.00 $13,280.00
1010. Furnish and Install 3-Section SV-1-T
Mounting Assembly EA 196 $900.00 $176,400.00
1011. Furnish and Install 3-Section SV-2-T
Mounting Assembly EA 33 $1,080.00 $35,640.00
1012. Furnish and Install 3-Section SV-3-T
Mounting Assembly EA 7 $1,320.00 $9,240.00
1013. Furnish and Install 3-Section TV-1-T
Mounting Assembly EA 106 $1,050.00 $111,300.00
1014. Furnish and Install 3-Section TV-2-T
Mounting Assembly EA 14 $1,195.00 $16,730.00
1015. Furnish and Install 3-Section TV-3-T
Mounting Assembly EA 2 $1,900.00 $3,800.00
1016. Furnish and Install 3-Section TV-4-T
Mounting Assembly EA 1 $2,200.00 $2,200.00
1017. Furnish and Install MAS Mounting
Assembly EA 272 $507.00 $137,904.00
1018. Furnish and Install MAS-4B
Mounting Assembly EA 56 $507.00 $28,392.00
1019. Furnish and Install Extension for
Proposed 3-Section Indication
Mounted on Proposed 4-Section
Indication Mounting
EA 11 $500.00 $5,500.00
1020. Furnish and Install Extension for
Proposed 3-Section Indication
Mounted on Proposed 5-Section
Indication Mounting
EA 1 $730.00 $730.00
1021. Furnish and Install 4-Section TV-1-T
Mounting Assembly EA 32 $1,180.00 $37,760.00
1022. Furnish and Install 4-Section TV-2-T
Mounting Assembly EA 6 $1,310.00 $7,860.00
1023. Furnish and Install 4-Section SV-1-T
Mounting Assembly EA 2 $1,025.00 $2,050.00
1024. Furnish and Install 4-Section SV-2-T
Mounting Assembly EA 1 $1,310.00 $1,310.00
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Exhibit E-3 City of Modesto
HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1025. Furnish and Install 4-Section SV-3-T
Mounting Assembly EA 2 $1,415.00 $2,830.00
1026. Furnish and Install 5-Section SV-1-T
Mounting Assembly EA 1 $1,715.00 $1,715.00
1027. Furnish and Install 5-Section TV-2-T
Mounting Assembly EA 1 $2,185.00 $2,185.00
1028. Remove Existing and Furnish and
Install New Overhead Signs EA 37 $430.00 $15,910.00
1029. Traffic Control, Barricades, and
Other Related Fees LS 1 $50,000.00 $50,000.00
1030. Mobilization/Demobilization LS 1 $30,000.00 $30,000.00 1031. Water Pollution Control Plan
(WPCP) LS 1 $4,200.00 $4,200.00
HSIP 5059 (252) RRFB & LED STOP SIGNS INSTALLATION (101361) 2001. Clearing, Grubbing & Mobilization LS 1 $28,000.00 $28,000.00 2002. HAWK System - Sylvan Ave at
North Hampton Ln - with Striping
and Signing Complete Operational
per plans, including Traffic Control
LS 1 $262,780.00 $262,780.00
2003. Install LED Stop Signs on All
Approaches - Jefferson St at Vine St,
Wylie Dr at Rose Ave, Rumble Rd at
Carver Rd, and Poust Rd at
Chapparal Pl. Complete Operational
per plans, Including Traffic Control
LS 1 $121,300.00 $121,300.00
2004. Monument Preservation LS 1 $8,600.00 $8,600.00
HSIP 5059 (251) RRFB & STRIPING (101333)
3001. Clearing, Grubbing & Mobilization LS 1 $22,000.00 $22,000.00 3002. RRFB - Granger Ave at Florida Ave
- with Striping and Signing Complete
Operational per plans, including
Traffic Control
LS 1 $59,500.00 $59,500.00
3003. RRFB - Morris Ave at Auburn St -
with Striping and Signing Complete
Operational per plans, including
Traffic Control
LS 1 $61,400.00 $61,400.00
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Exhibit E-4 City of Modesto
HSIP 5059 (253), HSIP 5059 (252) & HSIP 5059 (251) Retroreflective Backplates, LED Stop Signs Installation, Rectangular Rapid Flashing Beacons (RRFB)
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
3004. RRFB - Tully Rd at Leonard Ave -
with Striping and Signing Complete
Operational per plans, including
Traffic Control
LS 1 $164,000.00 $164,000.00
3005. RRFB - Tully Rd at Modesto Junior
College – with Striping and Signing
Complete Operational per plans,
including Traffic Control
LS 1 $122,800.00 $122,800.00
3006. RRFB - Stoddard Ave at Modesto
Junior College -with Striping and
Signing Complete Operational per
plans, including Traffic Control
LS 1 $71,540.00 $71,540.00
3007. Monument Preservation LS 1 $5,600.00 $5,600.00
SUBTOTAL BASE BID $2,210,267.00
BID ALTERNATE 2 – HSIP 5059 (253) RETROREFLECTIVE BACKPLATES (101362) 1201. Remove Existing Striping LF 2,700 $1.92 $5,184.00 1202. Install 12" Limit Line LF 3,000 $10.80 $32,400.00 1203. Install Detail 22 LF 1,000 $2.10 $2,100.00
1204. Install Detail 38 LF 600 $1.20 $720.00
1205. Install Pavement Marking SF 130 $10.80 $1,404.00
1206. Traffic Control for Striping Work LS 1 $12,000.00 $12,000.00 SUBTOTAL BID ALTERNATE 2 $53,808.00
TOTAL BASE BID AND BID ALTERNATE 2 $2,264,075.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 07, 2026
Date: March 17, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Shanon Evans, Interim Fire Chief
SUBJECT: CalOES Regional Hazardous Materials Response Program Agreement CONTACT: Shanon Evans, Interim Fire Chief, [email protected], 209-572- 9590
DESCRIPTION:

Consider approving an Agreement with the State of California, Office of Emergency Services to provide reimbursement for eligible expenses related to the training and staffing of a HazMat Type 1 Team. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2025-2026 Strategic Plan focus on quality of life under Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The California Governor’s Office of Emergency Services (Cal OES), Fire, Rescue and Hazmat program has developed a Regional Hazardous Materials Response (RHMR) program that is similar to the Cal OES Fire Engine Program that the City currently participates in. The program is intended to provide additional response capability and fill in gaps across the state where there is limited or no response capability by providing funding via reimbursement to the participating departments for training and staffing costs. The Modesto Fire Department currently houses and staffs a Hazardous Materials Response Unit (HM41) which was recently upgraded from a Type II to a Type I1 Hazardous Material Response Vehicle due to an increase in additional equipment and training completed by our personnel. As part of this program, Cal OES provides reimbursement of the costs associated with said training of personnel to the level of https://www.caloes.ca.gov/office-of-the-director/operations/response-operations/fire-rescue/hazardousmaterials/regional-hazardous-materials-response-rhmr-program/cal-oes-type-ii-haz-mat-vehicle-program/ #22..
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City Council, April 07, 2026
CalOES Regional Hazardous Materials Response Program Agreement

HazMat Specialist, including the cost of intrastate travel to attend courses and the cost of backfilling for the personnel that attend the training.

DISCUSSION:

The proposed agreement for Modesto Fire Department’s (MFD) continuation in the RHMR program provides a total reimbursement amount not to exceed $200,000 over a term of three (3) years. Reimbursement eligible expenses shall include training, exercises, backfill costs (for on-duty staff), overtime (for off-duty staff), mobilization and travel costs; including lodging, mileage, and per diems.

Priority for agreement funds will be to maintain a full team of certified HazMat Technician (A-D) and HazMat Specialist (F&G). Per the agreement this requirement is to maintain a roster of 25 members with the previously mentioned certifications as well as HazMat Terrorism or WMD Equivalency. Additional CalOES sponsored courses are Safety Officer, Incident Commander, and Rail Car training. Workshops and exercises such as HazMat Continuing Challenge, Terrorism/WMD drills, and various other state and federal level exercises are also allowable expenses for reimbursement. We currently have a fully rostered team, but with planned movements and retirements, priority for funds will be given to training up to four new team members as HazMat Technicians for the fiscal year 2026-27.

FISCAL IMPACT:

The agreement allows for a reimbursement model for funding. All upfront costs are budgeted for and available within the 2025-2026 FY budget in the Special Operations Cost Center and the Training Activity account (0100-18240-53025). The department shall follow all City of Modesto Travel policies and directives, and only approved expenses are to be reimbursed through Cal OES. Upon invoice receipt, travel package is reviewed by OES Finance administrators and approved for payment via check The expenditures from the last 3 fiscal years are shown in the chart below:

Account Fiscal Year Amount
18240-53025 2023-2024 $31,784
18240-53025 2024-2025 $41,275
18240-53025 2025-2026 (Current) $12,475
TOTAL: $85,534
COMMITTEE RECOMMENDATION:

On March 9, 2026, this item was presented to the Safety and Communities Committee, and the Committee recommended forwarding the item to Council for approval.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:
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City Council, April 07, 2026
CalOES Regional Hazardous Materials Response Program Agreement

Staff Recommendations:

Resolution approving an Agreement with the State of California, Office of Emergency Services to provide reimbursement for eligible expenses related to the training and staffing of a HazMat Type 1 Team, and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

Shanon Evans, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments

1. Resolution

2. Contract A261016463
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04/7/2026/Fire/SEvans/ItemX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING AN AGREEMENT WITH THE STATE OF

CALIFORNIA, OFFICE OF EMERGENCY SERVICES TO PROVIDE

REIMBURSEMENT FOR ELIGIBLE EXPENSES RELATED TO THE TRAINING AND STAFFING OF A HAZMAT TYPE 1 TEAM AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the California Governor’s Office of Emergency
Services (Cal OES), Fire, Rescue and Hazmat program has developed a Regional Hazardous Materials Response (RHMR) program. The program is intended to provide additional response capability and fill in gaps across the state where there is limited or no response capability by providing funding via reimbursement to the participating departments for training and staffing costs; and
WHEREAS, the Modesto Fire Department currently houses and staffs a Hazardous Materials Response Unit (HM41) which was recently upgraded from a Type II to a Type I Hazardous Material Response Vehicle due to an increase in additional equipment and training completed by our personnel; and
WHEREAS, as part of this program, Cal OES provides
reimbursement of the costs associated with said training of personnel to the level of HazMat Specialist, including the cost of intrastate travel to attend courses and the cost of backfilling for the personnel that attend the training; and #22..
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04/7/2026/Fire/SEvans/ItemX 1 2026-XX
WHEREAS, the proposed agreement for Modesto Fire Department’s (MFD) continuation in the RHMR program provides a total reimbursement amount not to exceed $200,000 over a term of three (3) years; and
WHEREAS, reimbursement eligible expenses shall include training, exercises, backfill costs (for on-duty staff), overtime (for off-duty staff), mobilization and travel costs; including lodging mileage, and per diems; and WHEREAS, priority for agreement funds will be to maintain a full team of certified HazMat Technician (A-D) and HazMat Specialist (F&G). Per the agreement this requirement is to maintain a roster of 25 members with the previously mentioned certifications as well as HazMat Terrorism or WMD Equivalency.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with the State of California, Office of Emergency Services to provide reimbursement for eligible expenses related to the training and staffing of a HazMat Type 1 Team.

BE IT FURTHER RESOLVED, that the City Manager, or his designee is authorized to execute the agreement, in a form approved by the City Attorney. #22..
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04/7/2026/Fire/SEvans/ItemX 1 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of April, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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2. The term of this Agreement is:
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463

EXHIBIT A

STATEMENT OF WORK (SOW)

MODESTO CITY FIRE DEPARTMENT

REGIONAL HAZARDOUS MATERIALS RESPONSE TRAINING REIMBURSEMENT

1. OBJECTIVE
The California Governor’s Office of Emergency Services, hereinafter referred to as “Cal OES” requires Modesto City Fire Department, hereinafter referred to as “Fire Agency”, to govern the reimbursements for the Fire Agency’s costs of providing training, exercises, backfilling positions, overtime, mobilizations and travel costs to allow Fire Agency staff to attend, and successfully complete, hazardous materials and terrorism response training and exercises required by Cal OES (identified in BCP 0690-021-BCP-2021-GB) specifically related to the Regional Hazardous Materials Response (RHMR) Program. Cal OES and the Fire Agency will use the most cost-effective means for providing funding for training, exercises, backfill, overtime, mobilizations and travel costs. The intent is to provide the Fire Agency reimbursement for the least extraordinary costs incurred to send staff to Cal OES for provided hazardous materials and terrorism response training and exercises (e.g., for on-duty staff attending training, Cal OES will reimburse backfill costs; for off-duty staff attending training, Cal OES will reimburse overtime costs of trainees).

The reimbursement will allow the Fire Agency to maintain regular staffing to avoid any degradation of services or reduction in emergency response capabilities to the local Fire Agency community during the training and exercises due to the absence of one (1) or more trainees.

The contract includes training dollars for the Fire Agency to attend and complete their certified Hazmat Technician A thru D, Hazmat Specialist F & G, Assistant Safety Officer (ASO), Hazardous Materials Continuing Challenge Workshop, Terrorism for the Hazardous Materials Technician/Specialist, Hazardous Materials Incident Commander (HMIC), Hazardous Materials Refresher, Rail Car, Terrorism / Weapons of Mass Destruction (WMD) courses provided by Federal agencies / Fire agencies, or any mutually agreed upon hazardous materials, terrorism, or other acceptable training/exercise/mobilizations that meets California Specialized Training Institute (CSTI) requirements/standards, or is approved by Cal OES contract manager. The contract includes reimbursement for equipment and/or supplies to support the training/exercises approved by the Cal OES contract manager.

In addition, Cal OES will provide reimbursement for the cost of a portion of the Cal OES sponsored hazardous materials response team members required annual physicals, to include up to $300 for cardio treadmill examinations, and $100 for bloodwork which tests #22..
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
for heavy metals, for a total of twenty-eight (28) personnel trained to the hazardous materials specialist level annually.

The Fire Agency is approved to add a 3% administrative fee for processing invoices for reimbursement.

2. TERM/PERIOD OF PERFORMANCE
A. The period of performance for the Agreement shall be July 1, 2026, or upon approval by the Department of General Services (DGS), whichever is later, through June 30, 2029, with the option to extend for one (1) additional twelve (12) month term.

B. The Fire Agency shall not be authorized to deliver or commence the performance of services as described in this SOW until the Agreement has been fully executed. Any delivery or performance of service that is commenced prior to the execution of the Agreement shall be considered voluntary on the part of the Fire Agency and noncompensable.

C. Consistent with the terms and conditions of the original solicitation, and upon mutual consent, Cal OES and the Fire Agency may execute written amendments to alter the method, price, or schedule of the work, subject to the limitations set forth by California Public Contract Code, section 100 et seq, and the California State Contracting Manual, Volume 1.

3. BUDGETED AMOUNT
The initial award of this Agreement shall not exceed $200,000.00 and there is no obligation on Cal OES’ part to utilize the entire amount. Any increases in the budgeted amount will be at the rates evaluated and considered herein.

4. PROJECT TASKS AND DELIVERABLES
The Fire Agency must perform project tasks and/or deliverables including, but not limited to, the following:

A. The Fire Agency may schedule hazardous materials and terrorism response courses approved by Cal OES. The courses shall provide initial training for new team members and continual education for existing personnel to maintain competency and prepare for emergency readiness.

B. In order to maximize the training benefit and build response capability statewide, Fire Agency and Cal OES agree that in any class offered under this Agreement, excess training spaces (up to normal class fill) will be open to enrollment for other #22..
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
agencies, at no tuition charge to those agencies or their personnel. Priority is RHMR team hosting the training, RHMR team from another jurisdiction, responders from hosting jurisdiction, and responders from another jurisdiction.

C. The Fire Agency shall ensure that all reimbursable training meets the CSTI requirement/standards or receive pre-approval from Cal OES.

D. The Fire Agency shall ensure that staffing of the Cal OES Type I vehicle meets the California Hazardous Materials Type I response capabilities Response Training requirements and ICS standards established in Title 8, Industrial Relations Section 5192. The list of personnel that the Fire Agency selects for training must be submitted at a minimum of thirty (30) calendar days prior to the start of class for approval by Cal OES Fire and Rescue Division.

E. The Fire Agency shall ensure the reimbursable continual training is successfully completed so that the requisite number of certified Hazardous Materials Specialists will at all times be available to staff and operate the vehicle, including when the vehicle and its staff are activated through the Cal OES Fire and Rescue Mutual Aid System to provide Hazardous Materials Mutual Aid in accordance with the California State Mutual Aid Plan.

F. Upon such activation by Cal OES Fire and Rescue, the Fire Agency shall provide a minimum of five personnel to staff the vehicle that are certified Hazardous Materials Specialists for Type II hazardous materials response, or eight personnel for Type I WMD response (certified as a WMD Specialist), one of whom must be trained to the minimum of Assistant Safety Officer Haz Mat per ICS-HM-222-5, and meeting or having the equivalent to the requirements found in Title 19 CCR 2520(R).

5. ACCEPTANCE OF SERVICES
Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this SOW. Acceptance criteria shall consist of the following:

A. The Fire Agency is responsible for obtaining approval from Cal OES Contract Manager before beginning any services.

B. The Fire Agency shall meet all timelines and deliverable due dates as described herein.

C. It shall be Cal OES’ sole determination as to whether services have been successfully completed and are acceptable.
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
D. The Fire Agency costs related to rework of unacceptable work products shall be costs of the Fire Agency and shall not be billed to Cal OES.

E. In the event not all Fire Agency staff successfully complete the course, Cal OES reserves the right to reduce the invoice by the number of Fire Agency staff who did not successfully complete the course. The Fire Agency costs related to failure by staff to successfully complete the training shall be costs of the Fire Agency and shall not be billed to Cal OES.

F. Invoices shall be due and payable, and payment shall be made, only after satisfactory completion of the training and acceptance of the invoices by Cal OES.

G. Invoices shall be submitted monthly utilizing the RHMR Reimbursement documents, in arrears, identifying staff by name, classification, period of service, and cost per category, as shown on the Exhibit B-1, Cost Worksheet.
(a) All training completed between May 1 of the previous fiscal year and April 30 of the current fiscal year shall be submitted utilizing the RHMR Reimbursement documents. Submittals shall be received no later than April 30 of the current fiscal year for the life of the contract.

H. Payment for the tasks performed under this agreement shall be as stated in Exhibit B-1, Cost Worksheet.

I. The Fire Agency will provide Cal OES with documentation that all members have completed required training.

6. FIRE AGENCY RESPONSIBILITIES
A. The Fire Agency shall provide all equipment and/or software necessary to perform the required duties outlined herein.

B. The Fire Agency shall designate a primary contact person to whom all project communications may be addressed and who has the authority to act on all aspects of the services.

C. The Fire Agency shall back-fill positions as required due to Fire Agency staff attending the training provided by Cal OES, using the most cost-effective means.

D. The Fire Agency shall initially pay any costs associated for any positions that require backfill or for any overtime cost incurred by the Fire Agency employees for attending the training or exercises.
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
E. The Fire Agency shall pay civilian personnel, not otherwise covered by the California Fire Assistance Agreement, at the rate and method formally negotiated and agreed upon prior to the exercise, between the Fire Agency and the Civilians rostered for the exercise in those positions.

F. If a Fire Agency employee is unable to perform due to illness, resignation, or other factors beyond the Fire Agency’s control, the Fire Agency shall provide qualified and suitable substitute personnel.

G. Ensure the 25 members of their Hazmat Type II and/or Type I Team have the following certified trainings:
i. Hazardous Materials Technician A (all members)
ii. Hazardous Materials Technician B (all members)
iii. Hazardous Materials Technician C (all members)
iv. Hazardous Materials Technician D (all members)
v. Hazardous Materials Specialist F (all members)
vi. Hazardous Materials Specialist G (all members)
vii. Terrorism for Hazardous Materials Technician / Specialist (or equivalency per Cal OES HM Bulletin #4, the WMD Equivalency course) (all members) viii. Assistant Safety Officer (only required by three (3) members) H. Ensure the members of their Hazmat Type II (Type I) Team are receiving continual educational opportunities to maintain competency utilizing the following certified trainings:
i. Hazardous Materials Incident Commander
ii. Hazardous Materials Refresher
iii. Rail Car
iv. Hazcat Training
v. Hazardous Materials Technical Reference Specialist
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
vi. Hazardous Materials Instructor Certification
vii. Terrorism for Hazardous Materials Technician / Specialist (or equivalency per Cal OES HM Bulletin #4, the WMD Equivalency course)
viii. Hazardous Materials Continuing Challenge Workshop ix. Cal OES Sponsored Conferences
x. Hazardous Materials or Terrorism Training with Cal OES Approval xi. Hazardous Materials or terrorism exercises with Cal OES Approval

7. CAL OES RESPONSIBILITIES
A. Cal OES shall designate a person to whom all Fire Agency communication will be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Fire Agency to ensure understanding of the responsibilities of both parties.

B. Cal OES shall provide access to department staff and management, offices and operation areas, as required, to complete the tasks and activities defined under this Agreement.

C. Cal OES shall schedule various CSTI hazardous materials and terrorism response courses and mobilizations to maintain sustainability for the Cal OES Type I (or Type II) Haz Mat Response Team.

D. Cal OES shall schedule training and exercise courses and mobilizations to increase response capabilities for Type I responses to WMD emergencies.

E. The staff attending the training courses shall help assure that the Fire Agency is prepared for response to hazardous materials releases within the State of California.

F. As such, in order to allow the Fire Agency the ability to maintain its regular staffing and response capabilities necessary to protect the health and safety of their communities, Cal OES shall reimburse the Fire Agency for any vacated positions that require backfilling, overtime, or any related travel costs incurred by Fire Agency employees, consistent with the California Fire Assistance Act (CFAA) rates and protocols, for attending the exercise, for negotiated costs up to the amount contained in Exhibit B1, Cost Sheet for Personnel Costs. #22..
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463

8. PERFORMANCE
Cal OES will be the sole judge of the acceptability of all work performed and all work products produced by the Fire Agency as a result of this SOW. Should the work performed or the products produced by the Fire Agency fail to meet Cal OES’ conditions, requirements, specifications, guidelines, or other applicable standards, the following resolution process will be employed, except as superseded by other binding processes:

A. Cal OES will notify the Fire Agency of such problems in writing within five (5) business days.

B. The Fire Agency must respond to Cal OES within five (5) business days after initial problem notification. The response shall include a corrective action plan and detailed explanation of how the Fire Agency plans to mitigate the issue. i. Failure by the Fire Agency to respond to Cal OES’ initial problem notification within the required time limit may result in immediate termination of the Contract.

C. Cal OES will, within five (5) business days after receipt of the Fire Agency’s corrective action plan, notify the Fire Agency in writing whether it accepts or rejects the plan. i. If Cal OES rejects the corrective action plan, the Fire Agency will submit a revised plan within three (3) business days. Failure by the Fire Agency to respond to Cal OES’ notification may result in immediate termination of the Agreement.

D. Upon receipt of the revised corrective action plan, Cal OES will notify the Fire Agency in writing whether it accepts or rejects the revised plan within three (3) business days. i. Rejection of the revised corrective action plan will result in immediate termination of the Agreement.

E. In the event of Agreement termination, Cal OES shall pay all amounts due to the Fire Agency for all work accepted and rendered prior to termination.

9. PROBLEM ESCALATION
The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to Cal OES’ attention. There may be instances where the severity of the problem(s) justifies escalated reporting. To this extent, the Fire Agency will determine the level of severity and notify the appropriate Cal OES personnel. Cal OES personnel notified and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue.

The relevant Cal OES personnel include, but are not limited to, the following:
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
First level: Larry Collins, Deputy Chief, Fire and Rescue Special Operations (916) 845-8751
[email protected]
Second level: Brian Marshall, Chief, Fire and Rescue
(916) 845-8711
[email protected]
Third level: Ian Bastek, Deputy Director, Response Operations (916) 845-8810
[email protected]

10. TERMINATION OF AGREEMENT
Cal OES reserves the right to terminate this Agreement, subject to thirty (30) days written notice to the Fire Agency In the event of termination, Cal OES shall pay all amounts due the Fire Agency for all services rendered and accepted prior to termination.

Additional conditions for termination include, but are not limited to, the following:

A. This Agreement can be immediately terminated for cause. The term “for cause” shall mean that the Fire Agency fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on Cal OES’ notification to the Fire Agency.

B. This Agreement may be suspended or cancelled without notice, at the option of the Fire Agency, if the Fire Agency or Cal OES’ premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Fire Agency is unable to render service as a result of any action by any governmental authority.

C. The Fire Agency may submit a written request to terminate this Agreement only if Cal OES should substantially fail to perform its responsibilities as provided herein.

D. This Agreement may be terminated at any time upon mutual written agreement between Cal OES and the Fire Agency.

11. SUBCONTRACTING PROVISIONS
No Subcontracting is allowable under this Agreement.
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463

12. AUTHORIZED REPRESENTATIVES
The authorized representatives during the term of this Agreement are identified in the tables below. Changes to the Authorized Representatives are allowed without contract amendment via written notice to the representatives identified below.

For service related inquiries:

The California Governor’s Office of
Emergency Services Modesto City Fire Department
NAME: Contract Manager, Chuck
Tobias, Assistant Chief NAME: Shanon Evans, Interim Fire Chief ADDRESS: 3650 Schriever Avenue
Mather, CA 95655 ADDRESS: 409 12th StreetModesto, CA 95354 PHONE: (559) 824-0950 PHONE: (209) 424-3371
EMAIL: [email protected] EMAIL: [email protected] For administrative Agreement inquiries:

The California Governor’s Office of
Emergency Services Modesto City Fire Department
NAME: Sage Miller, Contract Analyst NAME: Jessica Hampton, Executive Assistant
ADDRESS: 10391 Peter A McCuen Blvd
Mather, CA 95655 ADDRESS: 409 12th StreetModesto, CA 95354 PHONE: (916) 369-4221 PHONE: (209) 342-4555
EMAIL: [email protected] EMAIL: [email protected] #22..
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. It shall be Cal OES’ sole determination as to whether a service has been successfully completed and is acceptable.

2. Invoices shall be submitted after services are rendered and shall include the following information:

A. Agreement No.

B. Fire Agency
C. Service
D. Itemized Cost
E. Invoice Date
Invoices shall be due and payable, and payment shall be made, only after Cal OES’ Contract Manager’s acceptance of services.

3. The Fire Agency will be reimbursed for actual incurred travel expenses based on the per diem rates used for State employees; on receipt and approval of an itemized invoice.

Travel reimbursement rates and applicable restrictions are identified on the Employee/Travel Reimbursement section of the California Department of Human Resources website:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

Travel reimbursement rates as identified by Cal HR can vary from year to year. Rates for future years will conform to Cal HR rates for the corresponding contract year.

Reimbursement for travel expenses shall not be made for expenses incurred within 50 miles of the Fire Agency’s home or headquarters.

4. Submit invoices to:

California Governor’s Office of Emergency Services
Accounting Unit
[email protected]

5. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the #22..
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
program, this Agreement shall be of no further force and effect. In this event, Cal OES shall have no liability to pay any funds whatsoever to the Fire Agency or to furnish any other considerations under this Agreement and the Fire Agency shall not be obligated to perform any provisions of this Agreement.

6. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, Cal OES shall have the option to either cancel this Agreement with no liability occurring to Cal OES, or offer an amendment to the Fire Agency to reflect the reduced amount.

7. All payments will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

8. The Fire Agency understands that in order to ensure final payment for work performed as part of this agreement, the Cal OES Contract Manager must receive all final closeout invoices no later than April 30, 2029.
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
Agreement No. A261016463
EXHIBIT B-1

COST SHEET
The Fire Agency shall provide all labor, materials, equipment, and every other item of expense, direct or indirect, necessary to complete the services in accordance with the specifications described in the Statement of Work, Exhibit A, at the rates specified below. Cal OES makes no guarantee, expressed or implied, on the actual amount of services/hours that shall be required for this Agreement, and reserves the right to omit portions or quantities of work, as may be deemed necessary. Payment for service performed under this Agreement shall be for actual expenditures incurred. The rates referenced below shall be binding for the term of the Agreement.

ITEM
NO.

DESCRIPTION PRICE
1 Personnel Costs (Training, exercises,
Backfill, overtime, mobilizations, travel,
lodging, per diem and equipment costs
for attending the training) $200,000.00
Total Award $200,000.00
Fire Agency travel reimbursements, while on approved program business, will be reimbursed based on the policies and rates determined by the California Department of Human Resources (Cal HR) for excluded state employees and Fire Agencies. These rates and policies can be found at:
http://www.calhr.ca.gov/employees/Pages/travel-rules-excluded.aspx.

Above cost to be completed based on the classification levels staff utilized at the Fire Agency.

The Fire Agency will only be reimbursed based on the above costs. No other costs will be reimbursed without prior approval.
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California Governor’s Office of Emergency Services Modesto City Fire Department RHMR Training Reimbursement
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EXHIBIT C

GENERAL TERMS AND CONDITIONS
The General Terms and Conditions (GTCs) are hereby incorporated by reference and can be accessed by visiting the following links:

Non-IT Services General Terms and Conditions (02/2025):
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February2025.pdf #22..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 07, 2026
Date: March 17, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Shanon Evans, Interim Fire Chief
SUBJECT: First Amendment to Agreement with CSG Consultants, Inc CONTACT: Shanon Evans, Interim Fire Chief, [email protected], 209-572- 9590
DESCRIPTION:

Consider approving the First Amendment with CSG Consultants, Inc. of Foster City, Ca. for Fire Prevention Plan Check Services, increasing the Agreement amount by $164,000 through the term of the Agreement and extending the term of the Agreement from June 30, 2026, to June 30, 2027. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2025-2026 Strategic Plan focus on quality of life under Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The Modesto Fire Department (MFD) Fire Prevention Division is responsible for reviewing plans for new and updated alarm and sprinkler systems. These plan checks are a required step for opening new businesses within the City of Modesto. Modesto Fire Department has been using the services of CSG Consultants, Inc. since 2018.

On September 13, 2022, by Resolution No. 2022-375, Council approved an Agreement with CSG Consultants, Inc for Fire Prevention Plan Check Services for an estimated annual amount of $75,000 and a total amount not to exceed $375,000.

Earlier this year, the part-time plan reviewer employed by the department separated from service, which resulted in complete dependence on CSG Consultants, Inc. The department’s plan checks review volume and position vacancy increased the #23..
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City Council, April 07, 2026
First Amendment to Agreement with CSG Consultants, Inc

dependence on the services of a third-party reviewer to meet standard deadlines, ensure efficiency of plan check processes, and maintain customer expectations.

In November 2025, the Modesto Fire Department Fire Prevention Division hired a Fire Plans Examiner. Ultimately, this position will take back many of the plan review responsibilities, but there is still a considerable onboarding process and training component to endure. Once the Fire Plans Examiner position is underway with their plans review tasks, services from CSG Consultants, Inc. will still be required to perform reviews of engineered systems, fire sprinkler systems, and fire alarm systems.

DISCUSSION:

Plan review is a vital task performed by the fire department to ensure that fire and life safety codes are provided during new construction and tenant improvement. This plan review must be performed to protect the city from liability and prioritize occupant safety.

The current agreement with CSG is in the final year of a five-year term, and they have extensive historical background with the city to ensure continued plan review as needed.

With the continued volume of plan check review, the Modesto Fire Department Fire Prevention Division is requesting to increase the agreement amount by $164,000 to cover the additional plan check services required by the department vacancy and to ensure adequate funding for the final year of the agreement. Based on historical expenditures and the addition of an in-house plan reviewer the increase is not expected to be a continual fund allocation. CSG will still be required to provide contractual plan review for engineered systems such as fire alarms, fire sprinklers, hood suppression systems and some hazardous materials reviews. Due to the extreme technical nature of these plan reviews and fluctuating workloads, the service will provide a vital link in the plan review process.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.

However, MMC 8-3.204(e)“Where the Purchasing Manager, in his or her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long term agreement or to avoid disruption to City projects or services. Extending and increasing the existing agreement will avoid disruption to City services.

FISCAL IMPACT:

Historical annual spending for maintenance and repair services on CSG Consultants, Inc. Agreement #234733.

Fiscal Year Annual Amount
2022/2023 $50,379
2023/2024 $82,874
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City Council, April 07, 2026
First Amendment to Agreement with CSG Consultants, Inc

2024/2025 $89,956
2025/2026 $70,295
Grand Total $293,504
With the historical spending and increased need for plan review, staff recommend adding $164,000 to the agreement for a revised amount not to exceed $539,000.

COMMITTEE RECOMMENDATION:

On March 9, 2026, this item was presented to the Safety and Communities Committee, and the Committee recommended forwarding the item to Council for approval.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment with CSG Consultants, Inc., Foster City, CA for the Fire Prevention Plan Check Services, increasing the Agreement amount by $164,000 for a new total amount of $539,000 through the term of the Agreement and extending the term of the Agreement from June 30, 2026, to June 30, 2027, and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

Shanon Evans, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments

1. Resolution

2. First Amendment

3. Original Lease Agreement

4. Updated CA Levine Act Disclosure form
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04/7/2026/Fire/SEvans/ItemX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE FIRST AMENDMENT WITH CSG
CONSULTANTS, INC. OF FOSTER CITY, CA, FOR FIRE PREVENTION PLAN CHECK SERVICES, INCREASING THE AGREEMENT AMOUNT BY $164,000 FOR A NEW TOTAL AMOUNT OF $539,000 THROUGH THE TERM OF THE

AGREEMENT AND EXTENDING THE TERM OF THE AGREEMENT FROM
JUNE 30, 2026, TO JUNE 30, 2027, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the Modesto Fire Department (MFD) Fire Prevention Division is responsible for reviewing plans for new and updated alarm and sprinkler systems; and
WHEREAS, these plan checks are a required step for opening new businesses within the City of Modesto. Modesto Fire Department has been using the services of CSG Consultants, Inc. since 2018; and
WHEREAS, on September 13, 2022, by Resolution No. 2022-375, Council approved an Agreement with CSG Consultants, Inc for Fire Prevention Plan Check Services for an estimated annual amount of $75,000 and a total amount not to exceed $375,000; and
WHEREAS, in 2025 the part time plan reviewer employed by the department separated from service, which resulted in complete dependence on CSG Consultants, Inc.; and
WHEREAS, the department’s plan checks review volume and position vacancy increased the dependence on the services of a third-party reviewer to meet standard deadlines, ensure efficiency of plan check processes, and maintain customer expectations; and
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04/7/2026/Fire/SEvans/ItemX 1 2026-XX
WHEREAS, the Modesto Fire Department Fire Prevention Division has now hired a Fire Plans Examiner and ultimately, this position will take back many of the plan review responsibilities; and
WHEREAS, there is still a considerable onboarding process and training component to endure. Once the Fire Plans Examiner position is underway with their plans review tasks, services from CSG Consultants, Inc. will still be required to perform reviews of engineered systems, fire sprinkler systems, and fire alarm systems; and
WHEREAS, plan review is a vital task performed by the fire department to ensure fire and life safety code are provided during new construction and tenant improvement. This plan review must be performed to protect the city from liability and prioritize occupant safety. The current agreement with CSG is in the final year of a five-year term, and they have extensive historical background with the City to ensure continued plan review as needed; 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 be formally bid. However, MMC 8-3.204(e)“Where the Purchasing Manager, in his or her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long term agreement or to avoid disruption to City projects or services. Extending and increasing the existing agreement will avoid disruption to City services. #23..
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04/7/2026/Fire/SEvans/ItemX 1 2026-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with CSG Consultants, Inc., Foster City, CA. for the Fire Prevention Plan Check Services increasing the Agreement amount by $164,000 for a total amount of $539,000 through the term of the Agreement and extending the term of the Agreement from June 30, 2026, to June 30, 2027.

BE IT FURTHER RESOLVED, that the City Manager, or his designee is authorized to execute all documents and agreements, in a form approved by the City Attorney.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of April, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES WITH CSG CONSULTANTS INC
This FIRST AMENDMENT to the Standard Agreement for Consultant Services (“FIRST AMENDMENT”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and CSG CONSULTANTS INC, a California corporation (hereinafter “CONSULTANT”) as of the ________ day of ___________ 2026.

RECITALS
This FIRST AMENDMENT is made with regard to the following recitals:

CITY and CONSULTANT previously entered into the Standard Agreement for FIRE PREVENTION PLAN CHECK SERVICES on the 13th day of September 2022 (the "ORIGINAL AGREEMENT").

CITY and CONSULTANT desire to amend the ORIGINAL AGREEMENT by increasing the previously approved estimated annual amount from $75,000 to $113,400 and a total amount not to exceed from $375,000 to $539,000.

CITY and CONSULTANT desire to amend the ORIGINAL AGREEMENT to amend the termination date of the Agreement from June 30, 2026 to June 30, 2027.

NOW, THEREFORE, in consideration of this FIRST AMENDMENT, and the mutual promises, covenants, and signatures contained in the ORIGINAL AGREEMENT for FIRE PREVENTION PLAN CHECK SERVICES and this FIRST AMENDMENT, the parties agree as follows:

1. COMPENSATION, Section 3, Paragraph 1, of the ORIGINAL AGREEMENT shall be revised to the following:

CONSULTANT agrees to the annual estimated amount of $113,400 and a total amount not to exceed $539,000 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with EXHIBIT (A).

2. TERM OF AGREEMENT, Section 2, Paragraph 1 of the Original Agreement shall be revised to the following:

The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: SEPTEMBER 13, 2022 through JUNE 30, 2023
Year 2: JULY 1, 2023 through JUNE 30, 2024
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Year 3: JULY 1, 2024 through JUNE 30, 2025
Year 4: JULY 1, 2025 through JUNE 30, 2026
Year 5: JULY 1, 2026 through JUNE 30, 2027

4. Except as modified and amended by this FIRST AMENDMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this FIRST AMENDMENT to the ORIGINAL AGREEMENT for FIRE PREVENTION PLAN CHECK SERVICES by its City Manager and attestation by its City Clerk under the authority of Resolution No. ___________ on the ________ day of ___________ 2026, and CSG CONSULTANTS INC has caused this FIRST AMENDMENT to be duly executed as of the Effective Date.
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Reviewed/Approved by Legal (Frank/Jessica) 2020-08-05 -1- City of Modesto Fire Prevention Plan Check Services

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022 , by and
between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CSG Consultants, Inc., a California corporation, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:

A. The City has determined that Fire Prevention Plan Check Services should be prepared for the City.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.
a. 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 ending no later than June 30, 2024, unless #23..
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09/15/22 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$9036e641de04$710677012E8B48AB9E85E0897D4A4403.doc x terminated earlier in accordance with the provisions of the termination clause in this agreement.
b. In the event Consultant is not in default of any material covenants required by it to be performed under this agreement , the City shall have the right and option to extend this agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of initial term set forth in Paragraph 2 (a).
c. Following the one (1) year extension set forth in Paragraph 2 (b), and if the Consultant is not in default of any material covenants required by it to be performed under this agreement, the City shall have the right and option to extend this agreement for a second period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year extension set forth in Paragraph 2 (b).

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as "project" attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
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3. COMPENSATION.

Consultant agrees to accept an estimated annual amount of $75,000 during each agreement term, and shall not exceed a combined amount of $375,000 if the agreement term is extended under Paragraphs 2 (b) and 2 (c) above, as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this agreement. 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 to this agreement. All
work to be performed under this agreement shall be billed at the rates set forth in Exhibit B
detailed tasks, hours worked, and billable rates for all work completed.

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 best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that George Apple, will be the person primarily responsible for the performance of the services referred to in this agreement. City has entered into this agreement in reliance on that representation by Consultant. Consultant therefore agrees that eighty percent (80%) or more of the time to be devoted to the project that is the subject of this agreement will be that of the abovenamed 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, and may be used by City as it may require without any additional cost to 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 completion or termination of services under the agreement.

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 #23..
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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 City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this agreement. Consultant warrants that, in performance of this agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this agreement if so required at the option of City.

9. AMENDMENTS.

Both parties to this agreement understand that it may become desirable or necessary during the execution of this agreement, for City or Consultant to modify the scope of services provided for under this agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
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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. Consultant, by virtue of this agreement, 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. No agent, officer, or employee of the City is to be considered an employee of Consultant. 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 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 has control over the manner and means of performing the services under this agreement. Consultant is permitted to #23..
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provide services to others during the same period service is provided to City under this agreement. If necessary, 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.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.

11. ASSIGNMENT.

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
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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.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.

FOR Consultant: Name: CSG Consultants, Inc.

Address: 930 Fresno Street
Newman, CA 95360
Attention: Cyrus Kianpour
Phone: (650) 522-2500
Facsimile: (650) 522-2599
Email: [email protected] FOR CITY: Name: City of Modesto Address: P.O. Box 642
Modesto, CA 95354
Attention: Darin Jesberg, Deputy Fire Chief
Phone: (209) 577-9139
Facsimile: (209) 544-1652
Email: [email protected] 14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of #23..
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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, 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.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. 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 per-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; independent consultants and subcontractors; products and completed operations.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. 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 minimum limit of liability of $1,000,000.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a #23..
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09/15/22 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$9036e641de04$710677012E8B48AB9E85E0897D4A4403.doc x claims made basis it shall be maintained for at least three (3) years following completion of the work.

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. 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. 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. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. 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 #23..
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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.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this agreement or materially breach any of its provisions, at its option, City may terminate this agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement 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 Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the agreement, 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 agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City 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) calendar days written notice of its #23..
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09/15/22 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$9036e641de04$710677012E8B48AB9E85E0897D4A4403.doc x intent to terminate the agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
The City may terminate this agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this agreement for the ensuing fiscal year. In such event City shall give Consultant not less than 30 days written notice of termination.

Termination by City for Change of Consultant's Tax Status If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this agreement by giving written notice to Consultant. The termination date shall be the effective date of the notice.

Post-Termination Procedures
If this agreement is terminated pursuant to this Section, 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 #23..
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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 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 work 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 work and/or property related to the work;
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 #23..
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09/15/22 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$9036e641de04$710677012E8B48AB9E85E0897D4A4403.doc x 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 an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, 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. The final 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.
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16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant 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, arising directly or indirectly out of any act or omission of Consultant whether or not the act or omission arises from the sole negligence or other liability of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this agreement.

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.

18. DISPUTE RESOLUTION.

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 #23..
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09/15/22 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$9036e641de04$710677012E8B48AB9E85E0897D4A4403.doc x applicability of this agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this agreement.

The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.
shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding #23..
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be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured actual damages (excluding litigation costs and fees) against any party. This exclusion of the issue of punitive damages from this agreement to arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the sub-consultant consents to being joined in an arbitration between City and Consultant #23..
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be a breach of this agreement.

The parties hereby waive any rights provided by Title 9.2 of the final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder.

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. No future waiver of or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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. #23..
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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 four (4) 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.

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. #23..
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09/15/22 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$9036e641de04$710677012E8B48AB9E85E0897D4A4403.doc x 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. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and CSG Consultants, Inc. has caused this agreement to be duly executed in duplicate 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: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
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City of Gilroy
Community Development Department
ATTN: CARINA BAKSA

CITY OF GILROY
7351 ROSANNA STREET
GILROY, C A 95020-6197
Request for Proposals
On-Call Standard and Expedited
Building, Fire Plan Check and Inspection
Services
No. 21-RFP-CDD-453
Proposals Due by: 3:00 pm, Thursday, June 3rd, 2021

EXHIBIT A
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Request for Proposals
No. 21-RFP-CDD-453
Notice is hereby given that ELECTRONIC Requests for Proposals will be received at the City of Gilroy, for On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services, Project No. 21-RFPCDD-453 as described in the attached Request for Proposals. Please note that City Hall is closed to the public due to the ongoing COVID-19 pandemic. RFPs will be accepted by email to [email protected] until 3:00 pm, Thursday, June 3rd, 2021. RFPs received after that time and date will not be considered. The City of Gilroy accepts no responsibility if delivery is made to another location other than location specified above and/or delayed deliveries. RFPs should be submitted in a complete, single electronic file to the email specified in this notice. An evaluation team will review proposals and select a vendor based on the selection criteria and process outlined in the RFP. The selected vendor will enter into an agreement for a period of three (3) years upon approval by City Council, with two, one-year extensions available after that.

A free electronic copy of the RFP can be obtained by going to the City of Gilroy website (www.cityofgilroy.org). Due to the ongoing COVID-19 pandemic, all prospective parties should check the Respectfully Requested,
Carina Baksa
Management Analyst
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No. 21-RFP-CDD-453
On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services Table of Contents
Introduction ...........................................................................................................................................1 Project Description ................................................................................................................................1 Issuing Office .........................................................................................................................................1 Anticipated RFP Schedule ......................................................................................................................2 Submission Date and Location ...............................................................................................................2 Protests .................................................................................................................................................3 Rejection of Proposals ...........................................................................................................................3 Modification / Withdrawal ....................................................................................................................3 Cancellation ...........................................................................................................................................3 Duration of Proposals ............................................................................................................................3 Public Record .........................................................................................................................................3 Incurring Costs .......................................................................................................................................3 Selection Process ...................................................................................................................................3 Proposal Contents ..................................................................................................................................4 Proposal Evaluation Criteria and Scoring ................................................................................................4 Total Score .............................................................................................................................................5 Scope of Work .......................................................................................................................................6 Attachment A - Sample Agreement for Services Contract .......................................................................7 #23..
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Introduction
The City of Gilroy is a charter city located in southern Santa Clara County with a population of approximately 57,000. The City is a council-administrator form of government with the mayor elected at large for a four-year term and six City Councilmembers who are elected at large for four year terms.

Development activity in the original Gilroy town site dates back to the early 1800s, with the City formally incorporating in 1870. Since then, the City experienced several annexations and growth periods throughout the 20th and 21st centuries.

Information regarding the City and its organization, such as governmental structure, services provided, the Current Operating and Capital Budgets, is available on the City website at www.cityofgilroy.org Project Description
to
during the plan review and construction process. We oversee construction on private property to ensure safe buildings and compliance with building, electrical, mechanical, plumbing, energy, and accessibility codes and laws. The Fire Marshal conducts comprehensive plan review and inspection for all new development and construction projects, and the permitting and routine inspection of occupancies and as required by the California Code of Regulations Title 27 for the CUPA programs. The following table represents the volume of permit activity that occurs in the City of Gilroy Calendar
Year
ALL TYPES of
Building Permits
Applied For
ALL TYPES of
Building Permits
Issued
Inspections
Performed
Plan Checks
- All Types
New
Residential
Permits Issued
Commercial /
Industrial
Permits
2016 2372 2180 22774 1256 326 102
2017 2126 1953 19361 1265 257 89
2018 1853 1669 15710 1289 137 106
2019 2055 1823 16570 1473 204 80
2020 1373 1138 10746 1056 95 66
The City is seeking consultants to conduct on-call plan check and inspection services, providing the City with the knowledge and resources to assist with the volume of permitting activity that the City manages.

The approved consultant, or consultants, would be subject to an award for these services for a period of three (3) years, with two, one-year extensions available.

Issuing Office
The Finance Department is the Issuing Office for this Request for Proposal (RFP) and the point of contact for all process and contract questions as well as protest, and all correspondence shall be through e-mail.

Technical questions shall be directed to the Project Manager.

Issuing Office Project Manager
Finance Department Community Development Department
Carina Baksa Hipolito Olmos
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Purchasing Coordinator Building Official, Community Development Department 7351 Rosanna Street 7351 Rosanna Street
Gilroy, CA 95020 Gilroy, CA 95020
[email protected] [email protected] Anticipated RFP Schedule
The City anticipates the following general timeline for this RFP and the schedule may change as necessary.

Selection Process Actions Target Date
RFP distributed to prospective Consultants and Advertised Friday, May 7th, 2021 Deadline to submit RFP questions Wednesday, May 26th, 2021 at 4:00 PM Questions posted on Thursday, May 27th, 2021
RFP submissions due to City of Gilroy (Final) Thursday, June 3rd, 2021 at 3:00 PM Interviews (If Necessary) June 15th to June 17th, 2021
City Council staff report posted on website Wednesday, June 28th, 2021 City Council Meeting Monday, July 3rd, 2021
Submission Date and Location
Each responding Consultant must provide one electronic copy marked with the RFP number, before delivering to the address listed below. The packets must be emailed directly to [email protected] before the deadline.

Solicitation Documents and Changes (Addenda)
All solicitation documents may be viewed or printed on line from the website at www.cityofgilroy.org or may be viewed onsite at the Issuing Office at the address listed above.

Proposals received from other sources will not be considered valid documents. Please contact the Issuing Office listed above with any problems viewing solicitation documents.

All questions regarding this solicitation shall be submitted via e-mail. The questions will be researched and the answers will be communicated to all known interested Consultants after the deadline for receipt of questions.

Prospective Consultant shall not contact City officers or employees with questions or suggestions regarding this solicitation except through the primary contact person listed above. Any unauthorized contact may be considered undue pressure and cause for disqualification of the Consultant.

Consultants are responsible for checking the City s website for the issuance of any addenda prior to submitting a proposal. The Consultant is held responsible for all addenda/changes to the documents and may be considered non-responsive if their proposal does not reflect those addenda/changes.
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Protests
Any complaints or perceived inequities related to this RFP shall be made in writing and directed to the Issuing Office at the address listed above and accordance with the City purchasing policy procedure 17
here: http://www.cityofgilroy.org/DocumentCenter/View/10774/Gilroy-PurchasingPolicy-. Rejection of Proposals The City reserves the right to reject any and all proposals submitted. The City also reserves the right to waive or not waive any informalities or irregularities in proposal responses.

Modification / Withdrawal
Unless otherwise specified, modification of the Proposal will not be permitted; however a Consultant may withdraw his or her Proposal at any time prior to the scheduled closing time for receipt of Proposals; any Consultant may withdraw his or her Proposal, either personally or by written request to the Issuing Office. Withdrawal of Proposal shall not disqualify the Consultant from submitting another Proposal provided the time for receipt of Proposals has not expired.

Cancellation
The City reserves the right to cancel award of this contract at any time before execution of the contract by both parties if cancellation is deemed to be in the City s best interest. In no event shall the City have any liability for the cancellation of award.

Duration of Proposals
Proposals must remain valid for at least 90 days. Proposals must be signed by an official authorized to bind the Consultant.

Public Record
All proposals submitted are the property of the City and are public records. All documents received by the City are subject to public disclosure after the City selects a Consultant.

Incurring Costs
The City is not liable for any cost incurred by Consultants prior to execution of a contract.

Selection Process
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The City reserves the right to select the Consultant on the basis of the proposals or to conduct interviews with the highest qualified Consultants following evaluation and scoring of the proposals, whichever is determined to best serve the needs of the City. The City reserves the right to seek clarifications of any or all proposals.

Proposal Contents
The qualification packet, per category, shall be organized to include the following sections. Each packet should be tabbed or marked with five (5) sections. The contents for each section are listed below, and must be presented in the same order. The Consultant shall be responsible for preparing an effective and clear proposal. Concise proposals without needless duplication are encouraged.

The packet must contain at a minimum the following information:

1. Cover Letter: tions to provide consulting services for the City of Gilroy. Provide name of contact person, phone number, and email address. Maximum one page.

2. Qualifications: in conducting plan-check and
inspection services. Maximum four pages.

3. Relevant Experience: List projects completed by the firm relevant to the City of Gilroy and scope of services requested and provide the following information for each project. Maximum six pages:
a) outline the specific scope of services provided and describe how your firm met or exceeded expectations;
b) identify the role of the firm (e.g., work was performed exclusively by the firm or a joint venture);
c) highlight any key team members directly involved in the project who would be part of the City of Gilroy on-call team;
d) specify if the project was completed within budget and on schedule (if not completed within budget and schedule provide a very brief statement explaining why); and e) title, and phone number as a
reference.

4. Key Team Member Summary: Identify key team members of the firm who would be directly involved with the Gilroy on-call services. For each team member, summarize the typical role and responsibilities of the individual, and list experience relative to the typical role(s). Maximum six pages.

5. Costs: Provide an outline of the hourly rate schedule for the key team members and include associated administrative/technical support fee structure (e.g., administrative fees, mileage, travel time, reproduction costs).

Proposal Evaluation Criteria and Scoring
The criteria listed below will be used to evaluate the Consultants. scope of services
Does the proposal reflect a clear understanding of the proposed Scope of Services?
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Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant? Overall quality of the response to the RFP
Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully? cost proposal
Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
Total Score
Each packet submittal will be reviewed and scored, per the criteria described above.

Based on the number and quality of responses, Consultants may be asked to continue to the interview/presentation step in the process. Each package may receive a maximum of 50 points, as summarized below:

CRITERIA POINTS
Understanding of the scope of services 15
Corporate and team member qualifications and
experience 10
References quality and responses 10
Overall quality of the response to the RFP 10
Cost proposal 5
TOTAL 50
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Scope of Work

1. Commercial and industrial (structural and non - structural) building plans and fire suppression, detection and alarm system plans.

2. Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes and standards amended by the City.

COMPLIANCE STANDARDS

3. Perform comprehensive plan review service including all trades; other functions include but are not limited to: writing plan review reports, holding meetings, answering inquiries and phone calls as needed.

4. Incorporated requirements from other City departments, divisions, regulating agencies and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health Department, as they may apply to plan reviews and inspection services.

5. Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.

COMMUNICATION STANDARDS

6. Provide a 1-800-number for service calls from Building and Fire Divisions and permit applicants.

7. Be available to confer with applicants and City staff at City Hall by telephone conversations, email and fax during all normal business hours.

8. Provide in-house plans examining services at City Hall when requested to do so.

9. Provide pick-up and delivery service to and from City Hall when necessary.

STAFF MEETING /PROFESSIONAL DEVELOPMENT

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Attachment A - Sample Agreement for Services Contract

AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this day of , 20 , between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: , having a principal place of business at .

ARTICLE 1. TERM OF AGREEMENT
This Agreement will be effective on and will continue in effect through unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.

CONSULTANT shall not be entitled to any of the rights or benefits afforded to compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in described in Exhibit
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B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method C. Employment of Assistants
CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5
performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in
however shall the total compensation paid to CONSULTANT exceed .

B. Invoices
CONSULTANT shall submit invoices for all services rendered.

C. Payment
Payment shall be due according to the payment schedule set forth in . No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit , Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. #23..
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D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against responsible for any expenses incurred by CONSULTANT in performing services for CITY, except Exhi
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.

B.
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, isability, or
C. Indemnification of Liability, Duty to Defend

1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limita or resulting directly or indirectly from any willful or negligent acts, errors or omissions of relating to the injury or death of any person or damage to any property.

2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and fro
agents, including all claims relating to the injury or death of any person or damage to any property.
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D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called work, which must also show a retroactive date that is before the earlier of the effective date of obligations under this Agreement, CONSULTANT shall furnish written evidence of such Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
ee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
payments;
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CITY will not make state or federal unemployment insurance contributions on CITY will not withhold state or federal income tax from payment to CONSULTANT;
CITY will not make disability insurance contributions on behalf of CONSULTANT;
CITY will not obtain wor
CONSULTANT.

ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release ARTICLE 7. TERMINATION OF AGREEMENT
A.

1. s no
later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H.
receipt of such notice of sale.

2. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.

B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:

1. services contemplated by this Agreement.
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2. CONSUL
contained in this Agreement.

CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.

C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.

D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate complete such services.

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities
may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against #23..
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assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation its subcontractors, or the officers, employees, agents or representatives of either.

C.

If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.

F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, #23..
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inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.

H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.

Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit , Section V.H. but each party may change the address by written notice in accordance with this paragraph.

Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

J. 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 will nevertheless continue in full force without being impaired or invalidated in any way.

K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

Executed at Gilroy, California, on the date and year first above written.

CONSULTANT: CITY:

CITY OF GILROY
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By: By:

Name: Name: Title: Title:

Social Security or Taxpayer Identification Number
Approved as to Form ATTEST:

City Attorney City Clerk
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SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached , Scope of accomplish that end, CONSULTANT agrees to assign________, who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, ______________shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. Exhibit . B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.

III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.

Direct expenses are charges and fees not included in . CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.

CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.
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Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.

IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY e
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in performance of any of the services furnished under this Agreement.

C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY D. CONFIDENTIALITY OF MATERIAL
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other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of stribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E.

Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this . CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.

G. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.

H. NOTICES.

Notices are to be sent as follows:

CITY: City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT:

I. FEDERAL FUNDING REQUIREMENTS.

If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.

If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.

2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.

3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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HOURLY RATES
Building Plan Review Services
Service Description Billable Hourly Rate
Residential and Non-Residential Building Plan Review
Expedited Building Plan Review
Building Plan Review $125/hour
Expedited Plan Review 1.5 x Hourly Rate
CASp Review/Consultation $135/hour
Building Inspection Services
Service Description Billable Hourly Rate
Building Inspector $105/hour
Fire Plan Review Services
Service Description Billable Hourly Rate
Fire Plan Review $120/hour
Fire Protector Engineer Services $250/hour
Expedited Plan Review 1.5 x Hourly Rate
Fire Inspection Services
Service Description Billable Hourly Rate
Fire Inspection $120/hour
Additional Services
Service Description Billable Hourly Rate
Fire Inspections and review $125/hour
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 23, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Fire Prevention Plan Check Services
CONTACT: Alan Ernst, [email protected], 209-572-9590 DESCRIPTION: Consider approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three (3) one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The Modesto Fire Department Fire Prevention Division is responsible for reviewing plans for new and updated fire alarm and sprinkler systems. These plan checks are a required step for opening new businesses within the City of Modesto. As we have grown to take on additional contracts for services for surrounding areas, including the city of Ceres, we are responsible for reviewing plans for a greater service area. This expansion has led to a steep incline in work volume. The Fire Prevention Division is in need of a third-party reviewer in order to meet standard deadlines and maintain customer expectations.

Modesto Fire Department has been using the services of CSG Consultants, Inc. since 2018.

The most recent agreement expired on July 1, 2020. Since then, the department has only been able to dedicate one part-time staff member to the task of reviewing and approving plans. With the addition of the aforementioned contracts for services and increased jurisdictional areas, the department seeks to enter into a new agreement with CSG Consultants, Inc. in order to ensure efficiency of the plan check processes.

The initial term of the agreement is for two (2) years, with the option of three (3) one-year extensions.

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City Council, September 13, 2022
Fire Prevention Plan Check Services