Paradise City Council
February 11, 2025

Town of Paradise
Town Council Meeting Agenda
6:00 PM – February 11, 2025
Town of Paradise Council Chamber – 5555 Skyway, Paradise, CA

Meeting Procedures
I. The Mayor is the Presiding Chair and is responsible for maintaining an orderly meeting. The Mayor calls the meeting to order and introduces each item on the agenda.

II. The Town staff then provides a report to Council and answers questions from the Council.

III. Citizens are encouraged to participate in the meeting process and are provided several opportunities to address Council. Any speaker addressing the Council is limited to three minutes per speaker - fifteen minutes per agenda item A. If you wish to address the Council regarding a specific agenda item, please complete a “Request to Address Council” card and give it to the Town Clerk prior to the beginning of the meeting. This process is voluntary and allows for citizens to be called to the speaker podium in alphabetical order.

Comments and questions from the public must be directed to the Presiding Chair and Town Council Members (please do not address staff.) Town staff is available to address citizen concerns Monday through Thursday at Town Hall between the hours of 8am and 5pm.

B. If you wish to address Council regarding an item not on the agenda, you may do so under Item 4, “Public Communication.” Again, please fill out a card and give it to the Town Clerk before the meeting. State Law prohibits Council action on items not listed on a public agenda.

In compliance with the Americans with Disabilities Act (ADA) Compliance, persons who need special accommodations to participate in the Town Council meeting may contact the Town Clerk at least three business days prior to the date of the meeting to provide time for any such accommodation.

Town Manager, Jim Goodwin
Town Attorney, Scott E. Huber
Town Clerk/Elections Official, Melanie Elvis
CDD, Planning & Onsite, Susan Hartman
CDD, Building & Code Enforcement, Tony Lindsey
Finance Director/Town Treasurer, Aimee Beleu
Public Works Director/Town Engineer, Marc Mattox
Division Chief, CAL FIRE/Paradise Fire, Jason Finney
Chief of Police, Eric Reinbold
Recovery & Economic Development Director, Colette Curtis Human Resources & Risk Management Director, Crystal Peters Information Systems Director, Luis Marquez
Mayor, Steve Crowder
Vice Mayor, Steve “Woody” Culleton
Council Member, Greg Bolin
Council Member, Heidi Lange
Council Member, Ronald Lassonde
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. Special recognition is awarded to sworn and non-sworn police personnel and volunteers for their exemplary contributions to the department. (Police Chief/Eric Reinbold)
Officer of the Year:

Officer Derek Archuleta
Dispatcher of the Year:

Dispatcher Amannda Oakley
Civilian Employee of the Year:

Animal Control Officer Andrew Anaya
VIP of the Year:

Frank Dodini
PASH Volunteer of the Year:

Laurie Burns
1f. p7 Camp Fire Recovery Updates - Written reports are included in the agenda packet.

Colette Curtis, Recovery and Economic Development Director - recovery projects, advocacy, economic recovery and development, communications, emergency operations and Housing updates.

Marc Mattox, Public Works Director/Town Engineer -infrastructure and sewer updates.

Tony Lindsey, CDD-Building and Code Enforcement- Code Enforcement update.

2. CONSENT CALENDAR
One roll call vote is taken for all items. Consent items are considered to be routine business that does not call for discussion.
2a. p21 Approve the minutes from the January 14, 2025 Special and Regular Town Council meetings and the minutes from the January 21, 2025 Special Town Council meeting. (Town Clerk/Melanie Elvis)
2b. p31 Approve January 2025 Cash Disbursements in the amount of $6,643,909.16. (Finance Director/Aimee Beleu)
2c. p39 Concur with staff recommendation to file CEQA Notice of Exemptions for Maintenance Culvert Replacements on Nunneley, Ingalls and Scottwood Roads. (Town Engineer/Marc Mattox)
2 3
2d. p50 1. Waive second reading of the entire Town Ordinance No. ____ and approve reading by title only; and, 2. Adopt Town Ordinance No. ____, " An Ordinance of the Town Council of the Town of Paradise Amending Sections

8.58.010-8.58.60 of the Paradise Municipal Code related to Defensible space/hazardous fuel management Fuel Break Requirements”. (Tony Lindsey/Community Development Director)
2e. p56 1. Adopt Resolution No. 2025-__, “A Resolution of The Town Council of the Town of Paradise Authorizing Disposal of Certain Town Records Maintained in the Human Resources Department Pursuant to Government Code Section 34090”; and, 2. Adopt Resolution No. 2025-__, “A Resolution of The Town Council of the Town of Paradise Authorizing Disposal of Certain Town Records Maintained in the Finance Department Pursuant to Government Code Section 34090.”; or, 3. Make the determination that certain records listed for destruction have no value to the agency, and direct that all or some of the records listed in Exhibits “B” continue to be maintained. (Crystal Peters/HR & Risk Management & Aimee Beleu/Finance Director)
2f. p65 1. Concur with staff’s recommendation of Consor North American, Inc., Psomas, and Unico Engineering, Inc. to perform professional construction management, inspection and materials testing services on a variety of federally, state and locally funded efforts, contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals; and,2. Approve the attached Master Agreement for Professional Services and authorize the Town Manager to execute up to three agreements relating to On-Call Construction Management, Inspection and Materials Testing Services; and, 3. Adopt Resolution 2025-__ “A Resolution of the Town Council of the Town of Paradise, Designating Authority to the Paradise Town Manager to execute The Master Agreement for Professional Services and Individual Task Orders under the resultant master agreement for RFQ 2024-001 On-Call Construction Management, Inspection and Materials Testing Services up to the maximum contract aggregate amount of twenty three million, four hundred and ten thousand, nine hundred and ninety five dollars ($23,410,995) to expedite and facilitate camp fire recovery efforts.” (Town Engineer/Marc Mattox)

3. ITEMS REMOVED FROM CONSENT CALENDAR

4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff. 3 5. PUBLIC HEARINGS
For items that require a published legal notice and/or a mailed notice.

Public Hearing Procedure:

A. Staff Report
B. Mayor opens the hearing for public comment in the following order:
i. Ask Town Clerk if there are any cards submitted
ii. Ask if there is anyone else wishing to comment
C. Mayor closes the hearing
D. Council discussion and vote
5a. p265 1. Hold a duly noticed and published public hearing and consider concurring with the project “CEQA determination” finding embodied within Planning Commission Resolution No. 2025-01; and, 2. Concur with the project recommended General Plan Land Use Map amendment and rezone action adopted by the Planning Commission on January 21, 2025, and embodied within Planning Commission Resolution No. 2025-01; and,

3. Adopt Town of Paradise Resolution No. 2025-__, “A Resolution of the Town Council of the Town of Paradise Amending the Land Use Map of the 1994 Paradise General Plan (TOP: PL24-00128)”; and, 4.Waive the first reading of the entire Town Ordinance No. ____ and read by title only; and,

5.Introduce Town of Paradise Ordinance No. _____ “An Ordinance Rezoning Certain Real Properties From “C-F” (Community Facilities) to the “C-B” (Central Business) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (TOP: PL24-00128)”; or, 6.Provide an alternate directive to town staff. (ROLL CALL VOTE) (Community Development Director/Susan Hartman)
5b. p284 1. Hold a duly noticed and published public hearing and consider concurring with the project “CEQA determination” finding presented and considered by the Planning Commission on January 21, 2025, and embodied within Planning Commission Resolution No 2025-02; and,

2.Waive the first reading of the entire Town Ordinance No. _____and read by title only; and, 3. Introduce Town Ordinance No. _____, “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 5 [Business Licenses] and Title 17 [Zoning] Relative to the Central Business Zoning District; Vending Licenses; Farmers Markets; and the Walkable Downtown Core”; or, 4. Provide alternative direction to town staff. (ROLL CALL VOTE) (Community Development Director/Susan Hartman)

6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar.

Citizens are allowed three (3) minutes to comment on agenda items. 6a. p366 Adopt Resolution No. 2025-___, “A resolution of the Town Council of the Town of Paradise approving the plans, specifications and estimate for the On-System Road Rehabilitation Project – Clark Road 2025 and authorizing advertisement for bids on the project”. (ROLL CALL VOTE) (Town Engineer/Marc Mattox)
4 5
6b. p372 1. Hear an informational update relating to the Town’s progress for completion of FEMA and FHWA funded Camp Fire repairs to public roadways; and, 2. Provide direction on reviewing the Town’s CDBG-DR Action Plan and budget at the March 11, 2025 Council meeting. (Town Engineer/Marc Mattox)
6c. p376 Consider appointing two Council Members to serve on a Facilities Ad Hoc Committee to review and advise on next steps relating to the Town of Paradise’s overall facilities as well as facilities replacement needs resulting from the 2018 Camp Fire. (ROLL CALL VOTE) (Town Engineer/Marc Mattox)
6d. p377 Consider authorizing the Town Manager to issue advanced payment for previously Town Council approved purchase of Pierce Type 3 Fire Engine. (ROLL CALL VOTE) (Town Engineer/Marc Mattox)
6e. p380 Consider appointing two members of the Town Council to serve as an Ad Hoc CAL FIRE Contract Negotiations Committee. (ROLL CALL VOTE) (Town Manager/Jim Goodwin)
6f. p381 1. Waive second reading of the entire Town Ordinance No. 641 and approve reading by title only; and,

2. Adopt Town Ordinance No. ___, " An Ordinance of the Town Council of the Town of Paradise Authorizing Implementation of a Community Choice Aggregation Program in the Town of Paradise Under Public Utilities Code Section 366.2.” and,

3. Adopt Resolution. No. 2025-__ “A Resolution of the Town Council of the Town of Paradise Requesting Membership in Pioneer Community Energy and Approving the Amended and Restate Joint Exercise of Powers Agreement as Amended Through Amendment No. 6.” (ROLL CALL VOTE) (Recovery & Economic Development Director/Colette Curtis) 6g. p401 1. Consider adopting Resolution No. 2025-____, “A Resolution of The Town Council Of The Town of Paradise Declaring An Emergency And Authorizing Repair Or Replacement Of the Bille Road at Olympia Way 18” Culverts Without Observance Of Public Bidding Requirements”; and,

2. Authorize the Town Manager to execute agreements for a contractor and/or materials for the subject project. (ROLL CALL VOTE) (Public Works Director/Marc Mattox)

7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7b. Council reports on committee representation
7c. Future Agenda Items

8. STAFF COMMUNICATION
8a. Town Manager Report
8b. Community Development Director

9. CLOSED SESSION - None

10. ADJOURNMENT 5

6 Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 1(f)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Monthly Recovery Update

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. None
Background:

This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.

Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.

Analysis:

ECONOMC DEVELOPMENT
CDBG-DR Economic Development
 The Town of Paradise submitted an application for a Workforce Training Center, located on the Paradise High School campus.
 The project is a partnership between the Town of Paradise, Butte College, PUSD, Valley Contractors Workforce Foundation, and NoRETC.
 The Standard Agreement is being routed for signature.

Healthcare
 The Town of Paradise and Adventist Health Feather River Foundation are working together to create a Strategic Healthcare Recovery Plan to assess current inventory, exiting gaps, projections, and a strategic plan for filling the gaps.  A public meeting is scheduled for public input on February 19th at 6pm.  The Plan is expected to be ready by Spring 2025.

Biz Pro Academy
 In an effort to make the path to opening a business in Paradise easier, the Town is creating a training program for local volunteers to help potential business owners through the process as mentors.
 The program is under development, with a goal of holding the first training in Spring 2025. 7 RECOVERY
Community Development Block Grant Disaster Recovery Mitigation Planning Public Services (CDBG DR MIT PPS)
 HCD has awarded a grant to update the Long Term Community Recovery Plan.  Once the Standard Agreement is signed, the Town will issue a request for proposals to complete a comprehensive update.

Overall Hazard Mitigation Project Update
Years of efforts are complete on the pre-award work on all our projects. All projects are fully approved and funded.

Category 4 Tree Removal Program
 Project is fully funded and moving forward.
 Work has officially begun on completing the required property survey work in order to have properties ready for tree removal as soon as weather allows. 220 properties have been prepped for tree removal as of 2/3/25.
 376 properties are moving forward with tree removal. These properties represent over 90% of the total trees eligible for removal in the program from Phase 1 assessments.

Early Warning System
 All 21 Towers are standing and operational.
 20 of the 21 Towers are now fully complete.
 The final tower is expected to be connected to power in the month of February.  Infrastructure for the in-home units is beginning and we expect the first units to arrive and be distributed this winter.
 We are working with contractors to turn over full control of the system to the TOP dispatch center.
 The operational guidelines were presented to Town Council and approved in November 2024.

Residential Ignition Resistant Retrofit Program
 Project is fully funded and moving forward.
 All necessary Archeological and Architectural survey contracts are in place and preconstruction survey work is beginning on properties moving forward with improvements  We recently reached out to all property owners to confirm their intent to move forward with improvements and confirm eligibility. Approximately 80% have responded already and are moving forward to the next step.
 As of January 13, 2025, Town staff have met with 88 of the enrolled property owners to assist them in moving forward with the bid process and selecting contractors for work.

Hazardous Fuels Reduction Program
 Project is fully funded and moving forward.
8  Town staff are working with involved monitoring tribes on a plan and timeline for implementation.

Defensible Space Code Enforcement
 The Defensible Space Code Enforcement project was fully approved and obligated in November 2023 by FEMA and CalOES.
 Town Council approved implementation plan in January 2024.  Grant funded staff have been hired and are in place and working in the community.

EMERGENCY MANAGEMENT
 The Town remains ready for any winter storm related EOC events.

Financial Impact:

None.
9 Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 1(f)
ORIGINATED BY: Sarah Richter, Housing Program Technician REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Housing Recovery Update

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. None
Background:

This report provides the Town Council with an update on Housing activities.

Analysis:

We have 37.9% of our pre-disaster housing stock to-date (1,720 surviving units + 3,242 new CofOs to-date = 4,962 habitable dwellings / 13,091 housing units before the Camp Fire).

Our total number of habitable dwellings does not include the number of mobile homes replaced in mobile home parks because those permits are issued by HCD instead of the Building Dept., but mobile homes in parks are included in the total number of pre-fire housing units. Tax data shows 126 mobile homes in parks, so after accounting for units that were not destroyed, there is a preliminary count of 85 new units, equaling 5,047 total habitable dwellings in Paradise.

Town of Paradise Owner-Occupied Rehabilitation/Reconstruction Program ($16 million) -- This program helps homeowners rehabilitate or reconstruct their home. We have completed 63 homes, 7 are under construction, and 7 applications in process. HCD recently allowed the grantees to increase loan amounts under the CalHome OOR program to $250,000 when reconstructing a residence. The Housing Dept. made a “last call” for applicants who need to rebuild their home because the expenditure deadline for funds is at the end of 2025. However, the Housing Dept will continue to review applications for as long as funding allows. OOR funds can also be paired with the Recovery & Economic Development Department’s Residential Retrofit program. That program’s grant is limited to 75% of each projects’ cost, but Housing may be able to cover the homeowner’s 25% if the applicant also meets the OOR eligibility requirements.

Town of Paradise First-Time Homebuyer Program ($7 million) -- Helping to make homeownership more affordable. We have assisted 54 households to-date and have 14 applications in process.

CDBG-DR Multifamily Rental Housing Program ($55 million) -- Affordable rental housing. Seven (7) projects are eligible for funding; a total of 292 units.  CHIP project- scattered site (4 units) has leased up
 Eaglepointe- 5975 Maxwell Dr (43 units) is leasing up and still taking applications.  Mayer Commons- 1561 Kay Ct (12 units) scheduled to be completed in April of 2025. 10  Northwind Senior- 6983 Pentz Rd (21 units) scheduled to be completed in May of 2025.  Cypress Family- 1633 Cypress Ln (70 units) scheduled to be completed in December of 2025.

The 2 remaining projects are Cypress Senior (70 units), and Clark Rd. (72 units); currently working on securing additional funding and will be applying for tax credits in early 2025.

CDBG (2024 Annual Allocation=$52,474; unspent funds=$90,410.48) – CDBG entitlement grants are on a 5-year plan cycle called the Consolidated Plan, and this year is the 5th year in the current plan. Public comments are still being accepted and 100 people so far have responded to the survey located on the Town of Paradise website.

HOME Infill New Construction ($700,000) -- Create affordable housing for first-time homebuyers.

Grant has been awarded but still waiting for Standard Agreement from HCD.

Permanent Local Housing Allocation (PLHA) ($399,166) – Allocates matching funds to North Valley Housing Trust to administer for affordable housing projects. A predevelopment loan of $400,000 has been made for a multi-family project ($200,000 of PLHA funds) and another $75,000 of PLHA funds was loaned to build a small, single-family home. That home was just finished and sold to a low-income first-time homebuyer and Camp Fire survivor. The funds spent to construct the house were repaid to the Trust through the buyer’s purchase, meaning the Trust can now build another small, single-family home to sell to a different buyer.

Financial Impact:

None.
11 1

TOWN OF PARADISE
Council Agenda Summary
Date: February 11, 2025
Agenda No. 1(f)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Jim Goodwin, Town Manager

SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:

1. None, written monthly update only.

Background:

This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.

Analysis:

Road Rehabilitation
The Town of Paradise is endeavoring to pave every public road mile by the end of 2026. These projects are funded through Camp Fire Recovery Projects and are sequenced behind undergrounding of utilities and water service later replacements.

As of February 2025, the following paving progress can be reported:

August 2024 January 2025
Completed 25.3 miles 40.7 miles
Awarded/In-Progress 21.3 miles 5.9 miles
Planned 2025/2026 50.3 miles 49.6 miles
Total 96.2 miles 96.2 miles
In August 2024, Knife River Construction began work along various roadways in Town, map shown on next page. All Phase 1 work has been completed by Knife River Construction.

Select roadways under the current contract will have work commence in spring 2025 due to planned utility clearance efforts.
12 2
Staff has advertised 2025 Off-System Road Rehabilitation and will be ready for Council consideration in March 2025. 2025 On-System Road Rehabilitation will be split into two contracts for Council consideration at this Council meeting and the March Council meeting. 13 3
Paradise Sewer Project
On January 21, 2025 at 2pm, Paradise Town Council held a Special Meeting to address the current status of the Paradise Sewer Project.

Town Council took the following actions at this meeting:
 Council accepted the BODR and requested staff provide information on how much of the information in the plan remains useful for a local treatment option.  Council provided direction to staff to redirect the project from a regional connection to Chico to a local treatment option, and to ensure all options for local treatment are considered.
 Council appointed Mayor Crowder and Councilmember Lange to serve as an Ad-hoc Committee to work closely with staff on the sewer project.

The first Sewer Project Ad Hoc Advisory Committee Meeting was held on January 30, 2025.

Action items of this meeting were to increase public engagement opportunities with a specific community meeting and invitation for private stakeholders to present industry ideas on next steps.

The Committee set a goal of achieving a revised project description in less than four months so that work can continue appropriate environmental considerations and funding pursuits.

The table below has been established to summarize the current status of funding needs:

Project Phase Budgeted Secured
Pre-Construction
 Environmental
 Design
 Right of Way
 Permitting
$30M
$30M
 CDBG-DR
Planning
Construction
 Construction Contract
 Construction Management
 Contingency
TBD
$15M
 CDBG-DR
Infrastructure
Operations & Maintenance
 Start-up Equipment
 Staffing
TBD $0
Total TBD $45M
At this time, staff is pursuing additional project funds through the State Water Board and Army Corps of Engineers. More information will be provided in subsequent updates as these potential sources are studied further for alignment with revised project direction.

Capital Project Updates
14 4
Below is an abbreviated Project List intended to show the current status of each project. More information on each project’s scope and schedule can be found at www.townofparadise.com/pwe.

Typical project progressions and timeframes are as follows:
(1) Environmental, 6-24 months
(2) Design, 12 months
(3) Right of Way, 6-12 months
(4) Construction, 6-24 months
Project ID Project Title Project
Phase
Anticipated
Construction
Completion
Year
7301 On-System Culvert Replacement Complete -
7302 On-System Hardscape Replacement Complete -
7303 On-System Road Rehabilitation Construction 2026
7304 On-System Sign Replacement Complete -
7307 Neal Road Rehabilitation Design 2028
8404 Camp Fire Hydrant Repairs Design 2025
8407 Off-System Road Rehabilitation Construction 2026
8408 Off-System Culvert Repair Complete -
9389 Pentz Pathway Project Phase II Design 2028
9390 Paradise ATP Gateway Project (Neal Road
Class I) Environmental 2028
9391 Oliver Curve Pathway Phase I Design 2028
9394 Paradise Sewer Project Design 2031
9421 Forest Service Road Improvements Environmental 2027 9422 Foster/Black Olive Intersection Improvements Environmental 2027 9423 Elliott/Nunneley Road Extension Environmental 2027 9424 Skyway Link ATP (Bille to Wagstaff) Environmental 2027 9425 Upper Skyway Widening (Bille to Wagstaff) Environmental 2027 9426 Skyway/Pentz Intersection Improvements Environmental 2028 9427 Pentz Road Widening Environmental 2028
9428 Roe Road Phase 1 (Pentz to S. Libby) Environmental 2028 9430 Pearson-Hilltop Guard Rail Design 2025
9433 Animal Shelter Expansion Construction 2025
9434 Roe Road Phase 2 (S. Libby to Clark) Environmental 2028 Funding Pursuits
15 5
Below is a listing of active funding pursuits related to infrastructure recovery and status updates:

Program Project Title Amount
Requested
Anticipated
Award
Notification
Notes
BUILD 2025
Roe Road
Extension
Phase 2
Project
$25M June 2025
Project was not selected in
Round 1 (RAISE 2024 carryover)
and has been submitted for
Round 2 funding.

Federal CDBGDR MIT RIP
Evacuation
Route
Changeable
Message Sign
Project
$5.4M Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.

Federal CDBGDR MIT RIP
Storm Drain
Resiliency
Project
$3.9M Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.

Federal CDBGDR MIT RIP
Private Road
Identification
Safety Project
$960,000 Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.
16 Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 1(f)
ORIGINATED BY: Tony Lindsey, Community Development Director, Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement

LONG-TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. None
Background:

The Code Enforcement Division is committed to fostering a safe and appealing living and working environment. Our mission is to uphold and enhance our community's overall quality through the fair and impartial implementation of an enforcement program to rectify violations of municipal codes and land use regulations. In collaboration with residents, neighborhood associations, public service agencies, and other Town departments, we strive to:
 Promote voluntary compliance with Town codes.
 Identify and address violations promptly and fairly.
 Foster collaboration efforts to address community concerns.  Actively engage with the community in navigating the code enforcement process.

Analysis:

Under the original Urgency Ordinance, 206 RV Temporary Use Permits (TUPs) were issued.

However, only 54 are currently occupied (Exhibit A).

January December
Parcels permitted to occupy an RV 54 56
Accessory structures 13 13
RV Code Enforcement activity. Parcels with RV violations. (Exhibit B):

January December
Occupied/Unoccupied RVs 26 27
Occupied RVs with TUP Violations 1 1
Compliance gained/RV cases closed 1 7
The Community Enhancement Outreach Team, comprised of Disaster Case Managers, Fire Prevention, Housing, Police Department, and Code Enforcement personnel, visited permitted and unpermitted RV sites. Throughout these visits, the team engaged with community members to address unmet needs and provided information about available assistance programs. 17 January December
Sites Visited 18 6
Community members contacted 19 7
Tenants 7 0
Owner-occupied 11 6
Supplied contact information 12 0
Do not qualify/refused 1 0
Fire Prevention is crucial to our community's safety and supports our continued economic growth. It focuses on three primary goals: Education, Engineering, and Enforcement. Our defensible space and hazardous fuel management ordinance requires property owners to uphold fire-safe conditions regardless of residency. The dedicated Fire Prevention team conducts weed abatement inspections on 11,195 parcels throughout our community to ensure compliance and reduce fire hazards.

Escrow defensible space inspections January December
 Clearance requests received 83 78
 Certificates issued 77 67
 Land Surveyor's Certifications 19 13
 First inspection compliance rate 83% 86%
Weed abatement inspections
 Compliant parcels 10,830 – 97% 10,757 – 96%
 Active Code cases 301 377
 Commercial parcels 15 16
 Residential parcels 286 361
In October, 396 properties were identified as priority properties due to overgrown vegetation that posed a public nuisance. Risk Management approved twelve weed abatement contractors, and abatement work commenced in the first week of December. To date, 338 properties have achieved compliance, reducing the outstanding abatement operations to 57, with 30 of those being tax delinquent.

Other Code Enforcement Items:

Abandoned Vehicle Authority January December
 Vehicle Tows 5 2
Additionally, Code Enforcement received complaints covering various issues, including waste and refuse problems, zoning violations, construction without the required permits, fire hazards, concerns about vehicles, unauthorized dwellings, cannabis, and the absence of garbage service. 18 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2023 12/21/2022
10 59 EXHIBIT A
632 6/26/2024
TUP - No Utilities Provided 5 RV TUP Extended 60 7/31/2024 8/28/2024 RV TUP OCCUPIED RV TUP Extended 606159 11/26/2024 56 54 1/29/2025
19 TUPs under ORD 612

RV TUP STORAGE ONLY RV TUP OCCUPIED
TUP Violations 5/31/22
Violations w/ TUP RV no TUP
12/21/2022 7/27/2022 EXHIBIT B 12 38
TUP Violations 12/21/2023 5/31/22 6/26/2024 7/27/2022 6/26/2024 12/21/2023 12/21/2022
7/31/2024 10 36 8/28/2024 8 33
er O s 5127
6/26/2024 5/31/22 7/27/2022 9/24
12/21/2023 12/21/2022
7/31/2024 8/28/2024 2 31
5/31/22 6/26/2024
11/26/2024 1/29/2025 7/27/2022
12/21/2023 12/21/2022
7/31/2024 8/28/2024 1 26
20 MINUTES

PARADISE TOWN COUNCIL
SPECIAL MEETING – 5:00 PM – January 14, 2025

1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Crowder at 5:00 p.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.

COUNCIL MEMBERS PRESENT: Greg Bolin, Steve “Woody” Culleton, Heidi Lange, Ronald Lassonde, and Steve Crowder, Mayor.

COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Melanie Elvis, Community Development Director Tony Lindsey, and Information Systems Director Luis Marquez.

At 5:01 p.m. Mayor Crowder announced that the Town Council would adjourn to Closed Session for the following items:

2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(d)(4), the Council will meet with the Town Manager and the Town Attorney regarding potential initiation of litigation – one case.
2b. Pursuant to Government Code Section 54956.9(d)(2), the Council will meet with the Town Manager and Town Attorney regarding potential exposure to litigation – one case.

After reconvening from Closed Session at 6:01 p.m., Mayor Crowder announced direction was given, no reportable action was taken.

3. ADJOURNMENT
Mayor Crowder adjourned the Council meeting at 6:01 p.m.

Date approved:

By: Attest:
______________________ ________________________
Steve Crowder, Mayor Melanie Elvis, Town Clerk
21 TOWN COUNCIL
Meeting Minutes
6:00 PM – January 14, 2025

1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Crowder at 6:01 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America. An invocation was offered by Council Member Lassonde.

COUNCIL MEMBERS PRESENT: Greg Bolin, Steve “Woody” Culleton, Heidi Lange, Ronald Lassonde, and Steve Crowder, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Melanie Elvis, Community Development Director Tony Lindsey, Community Development Director Susan Hartman, Public Works Director/Town Engineer Marc Mattox, Recovery and Economic Development Director Colette Curtis, Finance Director Aimee Beleu, Project Manager Brian Solecki, Emergency Operations Coordinator Jim Broshears, Police Chief Eric Reinbold, Fire Chief Patrick Purvis, Fire Chief Jason Finney and Information Systems Director Luis Marquez. 1a. Jim McCourt from Meeder Investments provided a financial update. 1b. Taylor Nilsson from the Butte County Fire Safe Council, Dallas Koller from the Prescribed Burn Association and Town of Paradise Emergency Operations Coordinator Jim Broshears presented the benefits of grazing and prescribed burns in combatting wildfire risk.
1c. Camp Fire Recovery Updates - Written reports are included in the agenda packet.

Colette Curtis, Recovery and Economic Development Director - recovery projects, advocacy, economic recovery and development, communications, emergency operations and Housing updates.

Marc Mattox, Public Works Director/Town Engineer -infrastructure and sewer updates.

Tony Lindsey, CDD-Building and Code Enforcement- Code Enforcement update.
22 2. CONSENT CALENDAR
MOTION by Bolin, seconded by Lassonde, approved consent calendar items 2a through 2d with item 2e removed from the consent calenda by Council Member Lange. Roll call vote was unanimous.
2a. Approved the minutes of the December 10, 2024 Regular Town Council meeting.
2b. Approved December 2024 Cash Disbursements in the amount of $10,448,662.86.
2c. 1. Adopted Resolution No. 2025-01 “A Resolution of the Town Council of the Town of Paradise Approving an Allocation of Funding and the Execution of a Grant Agreement and Any Amendments Thereto From The CDBG-DR Program”; and, 2. Authorized staff to allocate the additional CDBG-DR Program funding as needed to the current Multifamily projects that have already been underwritten and conditionally approved by DR-MHP. 2d. Adopted Resolution No. 2025-02, “A Resolution of the Town Council of the Town of Paradise, California, Reporting Unexpended Development Impact Fees in Accordance with Government Code Section 66006.” 2e. ITEM REMOVED FROM THE CONSENT CALENDAR BY COUNCIL
MEMBER LANGE.

3. ITEMS REMOVED FROM CONSENT CALENDAR
Council Member Bolin recused himself from the dais at 6:49 p.m. due to a potential conflict of interest.
2e. 1. Concur with staff’s recommendation to allow Paradise Town Manager to approve amendments to the current Master Services Agreement with HDR so long as the amendment does not affect the overall budget that was originally approved and the overall intent of the Master Services Agreement; and, 2. Adopt Resolution No. 2025-___ “A Resolution of the Town Council of the Town of Paradise, Receding and Replacing Resolution No. 23-22, and Designating Authority to the Town Manager to Execute Individual Task Orders and Amendments Under The Resultant Master Agreement For RFQ 2023-001 On-Call Owner’s Agent Up To The Maximum Contract Aggregate Amount Of $5,000,000 To Expedite and Facilitate the Paradise Sewer Project, Initial Design And Progressive Design Build Process.” Council Member Lange requested this item to be removed from the consent calendar and asked for more Council input in any contract changes. Town Engineer Marc Mattox provided an overview of the Owner’s Agent Contract with HDR and explained staff’s request to authorize the Town Manager to 23 make contract amendments without being able to change the scope, value and not-to-exceed amount of the contract. Council provided direction to staff to bring this item back at the January 21, 2025 Special Town Council Meeting. All Council concurred with Greg Bolin absent and not voting.

Council Member Bolin returned to the dais.

4. PUBLIC COMMUNICATION

1. Fire Chief Patrick Purvis introduced the new North Division and Paradise Fire Chief Jason Finney.

2. Jon Remalia would like to rezone his newly acquired property on Anchor Way so he could build a shelter for his goats.

5. PUBLIC HEARINGS
5a. Recovery & Economic Development Director Colette Curtis provided an overview of the process required to draft the CDBG 2025-2029 Consolidated Plan and 2025-2026 Annual Plan. Ms. Curtis shared that this would be the first of two public hearings; the Town would solicit comments and draft the plans based on those comments. Staff would present the draft at the second public hearing. After the hearing, staff would submit the proposed 2025-2029 Consolidated Plan and 2025-2026 Annual Plan to HUD for final approval.

Mayor Crowder opened the public hearing at 7:12 p.m.

There were no public comments.

Mayor Crowder closed the public hearing at 7:13 p.m.
5b. Town Attorney Scott E. Huber provided an overview of the Category 4 Hazardous Tree Program, the RFP and the history of the bid protest.

Nathan Bamford, a representative of J.W. Bamford reviewed the company’s position on why they thought they should have been awarded the contract, based on Bamford being the lowest bidder and having underbid proposed awardee by $3.5 million.

Mayor Crowder opened the public hearing at 7:22 p.m.

There were no public comments.

Mayor Crowder closed the public hearing at 7:23 p.m.
24 MOTION by Bolin, seconded by Culleton rejected the bid protest by J.W.

Bamford, Inc. for the HMGP Category 4 Hazard Tree Removal Program. Roll call vote was unanimous.
5c. Town Attorney Scott E. Huber provided an overview of the Category 4 Hazardous Tree Program, the RFP and the history of the bid protest.

Josh Saint, one of the owners of P31 Enterprises reviewed the company’s position on why they thought they should have been awarded the contract, based on being the lowest bidder and having the qualifications to complete the project.

Mayor Crowder opened the public hearing at 7:33 p.m.

1. Melissa Crick asked where the evaluation and scoring sheets could be found and why Council could not have heard the item to award the contract, first.

Town Attorney Scott E. Huber clarified that Council could not consider the award of the Category 4 Hazardous Tree Program contract first, because if either of the protests were approved, the contract could not be awarded at this meeting.

2. Craig Newton spoke in favor of the protest and thought Council should reject the bid process because it looks like public corruption.

Mayor Crowder closed the public hearing at 7:39 p.m.

MOTION by Bolin, seconded by Culleton rejected the bid protest by P31 Enterprises, Inc. for the HMGP Category 4 Hazard Tree Removal Program.

Roll call vote was unanimous.

6. COUNCIL CONSIDERATION
6a. Recovery & Economic Development Director Colette Curtis introduced the item and shared that the Town has been working toward awarding the Category 4 Hazardous Tree Contract since 2019. Project Manager Brian Solecki provided an overview of the RFP process and scoring matrix.

1. Gary Warner provided an overview of Warner Enterprises’ work experience, commitment to using local contractors and how they built the bid for the proposal.

MOTION by Culleton, seconded by Bolin, approved the Professional Services Agreement and authorized the Town Manager to execute a contract with Warner Enterprises for Category 4 Hazardous Tree Removal.

AYES: Bolin, Culleton and Crowder; NOES: Lange and Lassonde; ABSTAIN: None; ABSENT: None.
25 6b. Recovery & Economic Development Director Colette Curtis provided an overview of the proposed ordinance authorizing implementation of a Community Choice Aggregation Program for Pioneer Energy.

Town Attorney Scott E. Huber proposed an amendment to the ordinance submitted in the agenda packet, to have it codified under Chapter 2.47 entitled Community Choice Aggregation Program.

MOTION by Bolin, seconded by Lassonde, 1. Waived the first reading of Town Ordinance No. 641 and read by title only; and, 2. Introduced Town Ordinance No. 641, “An Ordinance of the Town Council of the Town of Paradise Authorizing the Implementation of a Community Choice Aggregation Program in the Town of Paradise Under Public Utilities Code section 366.2” with the amendment that the ordinance be codified under Chapter 2.47 in the Paradise Municipal code in a section entitled Community Choice Aggregation Program. Roll call vote was unanimous. 6c. Town Engineer Marc Mattox provided an overview of the proposed Plans, Specifications and Estimate for the 2025 Off-System Road Rehabilitation Project.

MOTION by Bolin, seconded by Culleton, adopted Resolution No. 2025- 03, “A resolution of the Town Council of the Town of Paradise Approving the Plans, Specifications and Estimate for the 2025 Off-System Road Rehabilitation Project and Authorizing Advertisement for Bids on the Project”. Roll call vote was unanimous.
6d. Community Development Director Tony Lindsey provided an overview of the proposed ordinance to increase fuel break requirements on parcels over

1.5 acres from 30 feet to 50 feet. The ordinance also provides for an Exceptions Committee made up of two Council Members for extenuating circumstances.

1. Josh Coleman spoke in opposition to this ordinance.

MOTION by Lassonde, seconded by Crowder 1. Waived the entire first reading of Town Ordinance No. 642 and read by title only; and,

2. Introduced Town Ordinance No. 642, “An Ordinance of the Town Council of the Town of Paradise Amending Sections 8.58.010 - 8.58.60 of the Paradise Municipal Code related to Defensible Space/Hazardous Fuel Management and Fuel Break Requirements.” Roll call vote was unanimous.

7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items:

1. Council provided direction to staff to formally bring back an item which would establish a liaison committee between Paradise Unified School District and the Town of Paradise. Council appointed Council Members Greg Bolin and Heidi Lange to the TOP/PUSD Liaison Committee. 26 7b. Council reports on committee representation:

Council Member Bolin shared that the January LAFCo meeting had been cancelled.

Council Member Lange attended the PUSD monthly board meeting; a Continuum of Care meeting; and the Paradise Ridge Chamber of Commerce mixer.

Council Member Lassonde attended the Paradise Ridge Chamber of Commerce mixer; the VIPs Christmas Party; a mural unveiling at Joy Lynn’s; and spoke with Council Members of cities currently dealing with the fires in L.A.

Council Member Culleton attended the quarterly TOP/PRPD Liaison Committee meeting.

Mayor Crowder fielded several interviews from TV and radio stations from L.A. regarding the fires; attended the quarterly TOP/PRPD Liaison Committee meeting; a mural unveiling at Joy Lynn’s; the Moose Lodge reopening; and spoke with Kathy Yanni from the Fire Victims Trust who said they plan to shut down the trust by the end of the year. 7c. Future Agenda Items:

1. Council Member Bolin asked that staff bring back an ordinance that addresses broadcast burning and extended guidelines for grazing for Council consideration.

8. STAFF COMMUNICATION
8a. Town Manager Jim Goodwin shared that he attended the quarterly TOP/PRPD Liaison Committee meeting and attended an Economic Forecast Conference with Recovery & Economic Development Director Colette Curtis.

9. CLOSED SESSION - None

10. ADJOURNMENT
Mayor Crowder adjourned the meeting at 9:11 p.m.

Date approved:

By: Attest:
_________________________ _____________________________ Steve Crowder, Mayor Melanie Elvis, Town Clerk
27 MINUTES

PARADISE TOWN COUNCIL
SPECIAL MEETING – 2:00 PM – January 21, 2025

1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Crowder at 2:00 p.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.

COUNCIL MEMBERS PRESENT: Steve “Woody” Culleton, Heidi Lange, Ronald Lassonde, and Steve Crowder, Mayor.

COUNCIL MEMBERS ABSENT: Greg Bolin
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Melanie Elvis, Community Development Director Tony Lindsey, Community Development Director Susan Hartman, Public Works Director/Town Engineer Marc Mattox, Capital Projects Manager Colin Nelson, Supervising Project Manager Jessica Erdahl, Recovery and Economic Development Director Colette Curtis, Police Chief Eric Reinbold, Police Lieutenant Cameron Kovacs, Deputy Town Clerk Jacquelyn Blancett and Administrative Assistant Sheris Alvies.

2. COUNCIL CONSIDERATON
2a. Town Engineer Marc Mattox introduced the Paradise Sewer Project Progressive Design Build consultants team from Mountain Cascade, Inc. and Carollo Engineering and Town staff. The consultants presented the project components for a regional Paradise Sewer Project design.

1. JT Martin said the problem was with “effluents” and that there are other options besides a sewer.

2. Cliff Jacobson said the septic tanks weren’t the problem, the problem is with the leach fields and asked the Council to consider worms as an option.

3. Federico Pumpin from BioFiltro said the Town can harness the power of nature for different options for wastewater treatment plants and provided Council with a pamphlet on BioFiltro’s worm treatment for effluents.

4. Jon Remalia asked if Council had looked at the Carollo Engineering contract vs the Basis of Design Report to know if the consultants had really fulfilled their contract obligations.

5. Nathanal Vail spoke in opposition to a local sewer treatment plant located on lower Skyway.

6. William Sharrett said the timeline to put a sewer in place was costing the Town in potential revenue and made it more expensive on Paradise Unified School District to build new facilities.
28 7. Doug Munjar asked how Council knew Carollo Engineering did their jobs correctly; said there are a lot of alternatives to a sewer and thought a smaller system that could be added later would be more prudent.

8. Robert Bean asked if the Town was working with other stakeholders like Paradise Irrigation District.

9. Kevin Phillips, Paradise Irrigation District Manager, said PID would like to support and partner with the Town in funding, advocacy, and the operations and maintenance of the project.

Mr. Mattox reported the current cost estimate for a regional project to be in excess of $450 million and asked for Council direction on how to proceed.

Mr. Mattox shared new potential funding sources and asked for direction on a revised project that would be more fiscally attainable.

MOTION by Lassonde, seconded by Culleton concurred with staff’s recommendation to accept the Basis of Design Report (BODR) prepared and submitted by Carollo Engineering and requested staff provide information on how much of the information in the plan remains useful for a local treatment option. Roll call vote was unanimous with Council Member Greg Bolin absent and not voting.

Council provided direction to staff to redirect the project from a regional connection to Chico to a local treatment option, and to ensure all options for local treatment are considered.

MOTION by Lassonde, seconded by Culleton, appointed Mayor Crowder and Council Member Lange to serve on an Ad Hoc Committee, replacing the previously established Sewer Regionalization Project Advisory Committee between the Town of Paradise, City of Chico and Central Valley Regional Water Quality Control Board to work closely with staff on the sewer project. Roll call vote was unanimous with Council Member Greg Bolin absent and not voting.
2b. Town Engineer Marc Mattox provided an overview of the proposed resolution to allow Paradise Town Manager to approve amendments to the current Master Services Agreement with HDR.

MOTION by Culleton, seconded by Lassonde, 1. Concurred with staff’s recommendation to allow Paradise Town Manager to approve amendments to the current Master Services Agreement with HDR so long as the amendment does not affect the overall budget that was originally approved and the overall intent of the Master Services Agreement; and, 2. Adopted Resolution No. 2025-04 “ A Resolution of the Town Council of the Town of Paradise, Receding and Replacing Resolution No. 23-22, and Designating Authority to the Town Manager to Execute Individual Task Orders and Amendments Under The Resultant Master Agreement For RFQ 2023-001 On-Call Owner’s Agent Up To The Maximum Contract Aggregate Amount Of $5,000,000 To Expedite and Facilitate the Paradise Sewer Project, Initial Design And Progressive Design Build Process” with direction that all task 29 order amendments be reviewed by the Sewer Ad Hoc Committee, first. Roll call vote was unanimous with Council Member Greg Bolin absent and not voting.

3. CLOSED SESSION
At 4:47 p.m. Mayor Crowder announced that the Town Council would adjourn to Closed Session for the following items:
3a. Pursuant to Government Code Section 54956.9(d)(2), the Council will meet with the Town Manager and Town Attorney regarding potential exposure to litigation – one case.

After reconvening from Closed Session at 5:05 p.m., Mayor Crowder announced direction was given, no reportable action was taken.

10. ADJOURNMENT
Mayor Crowder adjourned the Council meeting at 5:06 p.m.

Date approved:

By: Attest:
_____________________ _____________________________
Steve Crowder, Mayor Melanie Elvis, Town Clerk
30 TOWN OF PARADISE

CASH DISBURSEMENTS REPORT

FOR THE PERIOD OF
January 1, 2025 - January 31, 2025
31 CASH DISBURSEMENTS REPORT
January 1, 2025 - January 31, 2025
Check Date Pay Period End Description Amount Total
1/3/2025 12/29/2024 Net Payroll - Direct Deposits and Checks $ 253,666.86 1/17/2025 1/12/2025 Net Payroll - Direct Deposits and Checks $ 257,060.53 1/31/2025 1/26/2025 Net Payroll - Direct Deposits and Checks $ 266,729.77 $ 777,457.16
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 531,408.26 Operations Vendors: Supplies, Contracts, Utilities, Etc. $5,335,043.74 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 5,866,452.00
GRAND TOTAL CASH DISBURSEMENTS $ 6,643,909.16
APPROVED BY:

Aimee Beleu - Finance Director/Town Treasurer
APPROVED BY:

Jim Goodwin - Town Manager
32 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP TCB - General Checking
Check
88211 01/06/2025 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$17,504.87
88212 01/09/2025 Open Accounts Payable ADVANCED DOCUMENT

CONCEPTS
$4.28
88213 01/09/2025 Open Accounts Payable AGS CONSTRUCTION SERVICES $2,140.00 88214 01/09/2025 Open Accounts Payable AIRGAS SAFETY, INC. $698.65 88215 01/09/2025 Open Accounts Payable All Things Trees $2,600.00 88216 01/09/2025 Open Accounts Payable Amazon Capital Services $687.29 88217 01/09/2025 Open Accounts Payable AT&T $89.46
88218 01/09/2025 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $102.91 88219 01/09/2025 Open Accounts Payable AT&T/CALNET3 - REPEATER LINES $197.05 88220 01/09/2025 Open Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
$31.03
88221 01/09/2025 Open Accounts Payable AT&T/CALNET3 - Summary $31.07 88222 01/09/2025 Open Accounts Payable AT&T/CALNET3 - Summary $3,600.88 88223 01/09/2025 Open Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
$1,057.74
88224 01/09/2025 Open Accounts Payable Big O Tires $120.00 88225 01/09/2025 Open Accounts Payable Broad & Gusman $8,000.00 88226 01/09/2025 Open Accounts Payable Brush Masters $1,250.00 88227 01/09/2025 Open Accounts Payable BUTTE CO RECORDER $91.00 88228 01/09/2025 Open Accounts Payable BUTTE CO SHERIFF'S OFFICE $3,558.00 88229 01/09/2025 Open Accounts Payable BUTTE COUNTY ELECTIONS

DIVISION
$17,692.09
88230 01/09/2025 Open Accounts Payable CALIFORNIA BUILDING

STANDARDS COMMISSION
$736.70
88231 01/09/2025 Open Accounts Payable CALIFORNIA STATE DEPARTMENT

OF CONSERVATION
$2,114.60
88232 01/09/2025 Open Accounts Payable CALIFORNIA STATE DEPARTMENT

OF JUSTICE
$32.00
88233 01/09/2025 Open Accounts Payable CivicPlus, LLC $5,027.40 88234 01/09/2025 Open Accounts Payable Cobb, Bryan $92.40 88235 01/09/2025 Open Accounts Payable Cole Huber LLP $17,623.50 88236 01/09/2025 Open Accounts Payable Crossfire Tree & Vegetation Services $5,980.00 88237 01/09/2025 Open Accounts Payable D8 Enterprises Inc. $19,150.00 88238 01/09/2025 Open Accounts Payable DEPARTMENT OF FORESTRY &

FIRE PROTECTION
$993,856.01
88239 01/09/2025 Open Accounts Payable Down Range Indoor Training Center $96.33 88240 01/09/2025 Open Accounts Payable DURHAM PENTZ TRUCK CENTER $144.98 88241 01/09/2025 Open Accounts Payable Elam IT, Jon, Elam $6,397.90 88242 01/09/2025 Open Accounts Payable ENLOE MEDICAL CENTER, INC. $550.00 88243 01/09/2025 Open Accounts Payable Explore Butte County $18,734.17 88244 01/09/2025 Open Accounts Payable FP/FRANCOTYP-POSTALIA

MAILING SOLUTIONS
$135.00
88245 01/09/2025 Open Accounts Payable GREAT AMERICA LEASING CORP. $301.72 88246 01/09/2025 Open Accounts Payable GREEN RIDGE LANDSCAPING $7,317.86 88247 01/09/2025 Open Accounts Payable Guardian Public Safety Background Investigations
$1,450.00
88248 01/09/2025 Open Accounts Payable HARTMAN, SUSAN $1,339.71 user: Aimee Beleu Pages: 1 of 6 Monday, February 3, 2025 Payment Register

TOWN OF PARADISE
From Payment Date: 1/1/2025 - To Payment Date: 1/31/2025 33 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88249 01/09/2025 Open Accounts Payable Healthcare Strategists, Inc. $22,500.00 88250 01/09/2025 Open Accounts Payable Helping Hands Ca $2,600.00 88251 01/09/2025 Open Accounts Payable Hero Industries $4,400.00 88252 01/09/2025 Open Accounts Payable HINDERLITER, DE LLAMAS & ASSOCIATES INC.
$600.00
88253 01/09/2025 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$12,495.06
88254 01/09/2025 Open Accounts Payable JOHNNY ON THE SPOT

PORTABLES
$186.65
88255 01/09/2025 Open Accounts Payable Kelly Peirce $45.13 88256 01/09/2025 Open Accounts Payable Kimball Midwest $405.20 88257 01/09/2025 Open Accounts Payable L.N. CURTIS & SONS $941.59 88258 01/09/2025 Open Accounts Payable LIFE ASSIST INC $380.65 88259 01/09/2025 Open Accounts Payable LOCATE PLUS CORPORATION $7.00 88260 01/09/2025 Open Accounts Payable Mercy Housing California 113, L.P. $1,563,903.70 88261 01/09/2025 Open Accounts Payable Meyers Police K-9 Training, LLC $780.00 88262 01/09/2025 Open Accounts Payable MODERN BUILDING INC. $166,723.42 88263 01/09/2025 Open Accounts Payable MUNIMETRIX SYSTEMS CORP $39.99 88264 01/09/2025 Open Accounts Payable Murphys Construction $35,000.00 88265 01/09/2025 Open Accounts Payable Murphys Construction $6,200.00 88266 01/09/2025 Open Accounts Payable NAPA Auto Parts $106.61 88267 01/09/2025 Open Accounts Payable Nichols-Melburg + Rossetto, AIA + Associates Inc
$34,706.34
88268 01/09/2025 Open Accounts Payable North State Tire Co. Inc. $1,347.95 88269 01/09/2025 Open Accounts Payable NORTHGATE PETROLEUM CO $7,701.05 88270 01/09/2025 Open Accounts Payable O'REILLY AUTO PARTS $1,198.53 88271 01/09/2025 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $446.43 88272 01/09/2025 Open Accounts Payable OROVILLE FORD $509.59 88273 01/09/2025 Open Accounts Payable PACIFIC GAS & ELECTRIC $1,859.16 88274 01/09/2025 Open Accounts Payable Peters, Habib, McKenna, JuhlRhodes & Cardoza, LLP$2,360.00 88275 01/09/2025 Open Accounts Payable RENTAL GUYS - CHICO $37,347.00 88276 01/09/2025 Open Accounts Payable Robinson, Lisa $493.60 88277 01/09/2025 Open Accounts Payable Spherion Staffing $5,826.31 88278 01/09/2025 Open Accounts Payable SUNRUN $299.80
88279 01/09/2025 Open Accounts Payable T MOBILE USA, INC. $1,830.73 88280 01/09/2025 Open Accounts Payable Tech Supply $14,453.34 88281 01/09/2025 Open Accounts Payable The Ferguson Group $5,000.00 88282 01/09/2025 Open Accounts Payable THOMAS ACE HARDWARE $76.47 88283 01/09/2025 Open Accounts Payable THOMAS ACE HARDWARE - ENG.

DEPT.
$647.71
88284 01/09/2025 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$5.67
88285 01/09/2025 Open Accounts Payable THOMAS ACE HARDWARE -

MOTORPOOL
$46.51
88286 01/09/2025 Open Accounts Payable TOM'S TREE SERVICE $4,435.00 88287 01/09/2025 Open Accounts Payable Top Notch Commercial Cleaning Inc. $1,800.00 88288 01/09/2025 Open Accounts Payable Tri Flame Propane $555.15 88289 01/09/2025 Open Accounts Payable Urban Design Associates. LTD $10,682.25 88290 01/09/2025 Open Accounts Payable Vannucci, Dominic $6.10 88291 01/09/2025 Open Accounts Payable VERIZON WIRELESS $287.59 user: Aimee Beleu Pages: 2 of 6 Monday, February 3, 2025 Payment Register

TOWN OF PARADISE
From Payment Date: 1/1/2025 - To Payment Date: 1/31/2025 34 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88292 01/09/2025 Open Accounts Payable Fastrak Invoice Processing Department
$7.00
88293 01/09/2025 Open Accounts Payable BUTTE REGIONAL TRANSIT $29.15 88294 01/09/2025 Open Accounts Payable PACIFIC GAS & ELECTRIC $16,460.51 88295 01/23/2025 Open Accounts Payable ABILITY USA $276.00 88296 01/23/2025 Open Accounts Payable ACCESS INFORMATION

PROTECTED
$211.00
88297 01/23/2025 Open Accounts Payable AirData UAV, Inc. $1,480.00 88298 01/23/2025 Open Accounts Payable AIRGAS SAFETY, INC. $441.05 88299 01/23/2025 Open Accounts Payable ALHAMBRA $406.25 88300 01/23/2025 Open Accounts Payable Amazon Capital Services $1,130.98 88301 01/23/2025 Open Accounts Payable APPLIED TESTING CONSULTANTS $2,974.00 88302 01/23/2025 Open Accounts Payable AT&T MOBILITY $95.59 88303 01/23/2025 Open Accounts Payable AT&T Wireless Services $764.08 88304 01/23/2025 Open Accounts Payable Bear Electrical Systems, Inc $4,455.00 88305 01/23/2025 Open Accounts Payable Biometrics4ALL, Inc $9.00 88306 01/23/2025 Open Accounts Payable Blais & Associates, LLC $821.67 88307 01/23/2025 Open Accounts Payable BUTTE CO NEAL ROAD LANDFILL $20.92 88308 01/23/2025 Open Accounts Payable Butte County Construction Inc $29,000.00 88309 01/23/2025 Open Accounts Payable BUTTE COUNTY FIRE

DEPARTMENT
$1,650.00
88310 01/23/2025 Open Accounts Payable CALIFORNIA STATE DEPARTMENT

OF JUSTICE
$32.00
88311 01/23/2025 Open Accounts Payable Caltronics Business Systems/J.J. R Ent Inc
$1,033.57
88312 01/23/2025 Open Accounts Payable Chico State Enterprises $7,875.00 88313 01/23/2025 Open Accounts Payable Cole Huber LLP $1,404.00 88314 01/23/2025 Open Accounts Payable COMCAST CABLE $435.73 88315 01/23/2025 Open Accounts Payable COMCAST CABLE $420.73 88316 01/23/2025 Open Accounts Payable COMCAST CABLE $177.73 88317 01/23/2025 Open Accounts Payable COMCAST CABLE $435.73 88318 01/23/2025 Open Accounts Payable CONTINENTAL BATTERY COMPANY $301.43 88319 01/23/2025 Open Accounts Payable Cooper, Andrew $34.17 88320 01/23/2025 Open Accounts Payable Crossfire Tree & Vegetation Services $1,400.00 88321 01/23/2025 Open Accounts Payable CSG Consultants, Inc. $9,028.75 88322 01/23/2025 Open Accounts Payable Dokken Engineering, Inc. $83,271.49 88323 01/23/2025 Open Accounts Payable Eagle Security Systems $1,773.85 88324 01/23/2025 Open Accounts Payable Eidhammer, Trenton $238.14 88325 01/23/2025 Open Accounts Payable Entersect $109.95 88326 01/23/2025 Open Accounts Payable FOOTHILL MILL & LUMBER $9.05 88327 01/23/2025 Open Accounts Payable Hawkins Delafield & Wood LLP $2,562.50 88328 01/23/2025 Open Accounts Payable HDR Engineering, Inc $127,836.51 88329 01/23/2025 Open Accounts Payable Helping Hands Ca $16,200.00 88330 01/23/2025 Open Accounts Payable HLP, INC / CHAMELEON

SOFTWARE PRODUCTS
$2,100.00
88331 01/23/2025 Open Accounts Payable HYDROTEC SOLUTIONS $321.63 88332 01/23/2025 Open Accounts Payable James or Lavenia Riotto $250.00 88333 01/23/2025 Open Accounts Payable Jennifer Arbuckle $3,312.50 88334 01/23/2025 Open Accounts Payable JOHNNY ON THE SPOT

PORTABLES
$759.90
88335 01/23/2025 Open Accounts Payable KNIFE RIVER CONSTRUCTION $873.27 user: Aimee Beleu Pages: 3 of 6 Monday, February 3, 2025 Payment Register

TOWN OF PARADISE
From Payment Date: 1/1/2025 - To Payment Date: 1/31/2025 35 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88336 01/23/2025 Open Accounts Payable KOEFRAN INDUSTRIES $1,200.00 88337 01/23/2025 Open Accounts Payable L.N. CURTIS & SONS $1,154.84 88338 01/23/2025 Open Accounts Payable LEAGUE OF CALIFORNIA CITIES $6,944.00 88339 01/23/2025 Open Accounts Payable LES SCHWAB TIRE CENTER -

MOTORPOOL
$39.98
88340 01/23/2025 Open Accounts Payable LIFE ASSIST INC $284.45 88341 01/23/2025 Open Accounts Payable Look Ahead Veterinary Services $1,013.10 88342 01/23/2025 Open Accounts Payable Magneson Tractor Service $10,600.00 88343 01/23/2025 Open Accounts Payable Mark Thomas & Company Inc $6,884.61 88344 01/23/2025 Open Accounts Payable Meyers Police K-9 Training, LLC $1,450.00 88345 01/23/2025 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 88346 01/23/2025 Open Accounts Payable MODERN BUILDING INC. $268,220.50 88347 01/23/2025 Open Accounts Payable Mountain Cascade, Inc. $718,302.66 88348 01/23/2025 Open Accounts Payable Murphys Construction $27,000.00 88349 01/23/2025 Open Accounts Payable Nichols-Melburg + Rossetto, AIA + Associates Inc
$5,265.25
88350 01/23/2025 Open Accounts Payable North State Tire Co. Inc. $387.09 88351 01/23/2025 Open Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
$9,477.11
88352 01/23/2025 Open Accounts Payable NORTHSTAR $431.00 88353 01/23/2025 Open Accounts Payable NORTHSTATE AGGREGATE, INC. $1,136.77 88354 01/23/2025 Open Accounts Payable O'REILLY AUTO PARTS $200.87 88355 01/23/2025 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $130.18 88356 01/23/2025 Open Accounts Payable Oroville Tow & Salvage $200.00 88357 01/23/2025 Open Accounts Payable Owen Equipment Sales $1,293.03 88358 01/23/2025 Open Accounts Payable PACIFIC GAS & ELECTRIC $186.25 88359 01/23/2025 Open Accounts Payable PARADISE POST $263.26 88360 01/23/2025 Open Accounts Payable Paradise Senior Associates, Limited Partnership
$667,557.48
88361 01/23/2025 Open Accounts Payable Psomas $8,836.61 88362 01/23/2025 Open Accounts Payable R B SPENCER INC $2,750.00 88363 01/23/2025 Open Accounts Payable Savage Training Group LLC $1,836.00 88364 01/23/2025 Open Accounts Payable SKYWAY TOWING & SERVICE $160.00 88365 01/23/2025 Open Accounts Payable Spherion Staffing $1,495.80 88366 01/23/2025 Open Accounts Payable Stalker Radar Applied Concepts, Inc. $502.79 88367 01/23/2025 Open Accounts Payable STERICYCLE, INC. $542.62 88368 01/23/2025 Open Accounts Payable Stratti $6,227.90 88369 01/23/2025 Open Accounts Payable SUN RIDGE SYSTEMS, INC. $26,257.00 88370 01/23/2025 Open Accounts Payable Tahoe Pure Water Co. $55.50 88371 01/23/2025 Open Accounts Payable Tech Supply $1,279.03 88372 01/23/2025 Open Accounts Payable Thau Handyman Services DBA Fire Safe NorCal
$3,025.00
88373 01/23/2025 Open Accounts Payable The Ferguson Group $5,000.00 88374 01/23/2025 Open Accounts Payable THOMAS ACE HARDWARE $311.38 88375 01/23/2025 Open Accounts Payable THOMAS ACE HARDWARE - ENG.

DEPT.
$201.20
88376 01/23/2025 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$58.28
88377 01/23/2025 Open Accounts Payable THOMAS ACE HARDWARE -

MOTORPOOL
$31.99
88378 01/23/2025 Open Accounts Payable THOMSON-WEST/BARCLAYS $461.16 user: Aimee Beleu Pages: 4 of 6 Monday, February 3, 2025 Payment Register

TOWN OF PARADISE
From Payment Date: 1/1/2025 - To Payment Date: 1/31/2025 36 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
88379 01/23/2025 Open Accounts Payable Top Notch Commercial Cleaning Inc. $3,800.00 88380 01/23/2025 Open Accounts Payable Tri Flame Propane $236.09 88381 01/23/2025 Open Accounts Payable TRUEPOINT SOLUTIONS, LLC $247.50 88382 01/23/2025 Open Accounts Payable ULINE $979.51
88383 01/23/2025 Open Accounts Payable Utility Associates, Inc. $8,386.91 88384 01/23/2025 Open Accounts Payable VALLEY OAK VETERINARY CENTER
$2,715.60
88385 01/23/2025 Open Accounts Payable Vannucci, Dominic $440.94 88386 01/23/2025 Open Accounts Payable VERIZON WIRELESS $1,369.56 88387 01/23/2025 Open Accounts Payable VERIZON WIRELESS $496.80 88388 01/23/2025 Open Accounts Payable VERIZON WIRELESS $287.81 88389 01/23/2025 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $157.35 88390 01/23/2025 Open Accounts Payable Wood, Montana, S $19.00 88391 01/23/2025 Open Accounts Payable YOWZERS.COM $21.56 88392 01/23/2025 Open Accounts Payable Awe, Stephen $25.00 88393 01/23/2025 Open Accounts Payable Patrick and Petra Hancock $100.00 88394 01/23/2025 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$11,916.71
88395 01/23/2025 Open Accounts Payable TOM'S TREE SERVICE $985.00 88396 01/30/2025 Open Accounts Payable ICMA 457 - MissionSquare $2,584.51 88397 01/30/2025 Open Accounts Payable STATE DISBURSEMENT UNIT $656.29 88398 01/31/2025 Open Accounts Payable ICMA 457 - MissionSquare $2,584.51 88399 01/31/2025 Open Accounts Payable STATE DISBURSEMENT UNIT $656.29 88400 01/31/2025 Open Accounts Payable Aflac $57.98
88401 01/31/2025 Open Accounts Payable Met Life $14,002.76 88402 01/31/2025 Open Accounts Payable OPERATING ENGINEERS $910.00 88403 01/31/2025 Open Accounts Payable PARADISE POLICE OFFICERS

ASSOCIATION
$2,367.46
88404 01/31/2025 Open Accounts Payable SUN LIFE INSURANCE $10,002.47 88405 01/31/2025 Open Accounts Payable SUPERIOR VISION SVC INC $898.30 88406 01/31/2025 Open Accounts Payable TOP CONFIDENTIAL MID MGMT

ASSOCIATION
$100.00
88407 01/31/2025 Open Accounts Payable ICMA 457 - MissionSquare $1,678.70 88408 01/31/2025 Open Accounts Payable STATE DISBURSEMENT UNIT $656.29 Type Check Totals: 198 Transactions $5,372,199.30
EFT
94 01/03/2025 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$12,740.31
95 01/03/2025 Open Accounts Payable INTERNAL REVENUE SERVICE $41,225.50 97 01/30/2025 Open Accounts Payable CALPERS - RETIREMENT $68,162.78 98 01/30/2025 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $8,715.51 99 01/17/2025 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$13,042.84
100 01/17/2025 Open Accounts Payable INTERNAL REVENUE SERVICE $42,051.58 101 01/31/2025 Open Accounts Payable CALPERS - RETIREMENT $69,086.21 102 01/31/2025 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $12,957.23 103 01/13/2025 Open Accounts Payable CALPERS $155,646.15 104 01/31/2025 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$14,004.27
105 01/31/2025 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $12,409.85 user: Aimee Beleu Pages: 5 of 6 Monday, February 3, 2025 Payment Register

TOWN OF PARADISE
From Payment Date: 1/1/2025 - To Payment Date: 1/31/2025 37 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
106 01/31/2025 Open Accounts Payable INTERNAL REVENUE SERVICE $44,210.47 Type EFT Totals: 12 Transactions $494,252.70
AP TCB - General Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 198 $5,372,199.30 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 198 $5,372,199.30 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 12 $494,252.70 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 12 $494,252.70 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 210 $5,866,452.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 210 $5,866,452.00 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 198 $5,372,199.30 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 198 $5,372,199.30 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 12 $494,252.70 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 12 $494,252.70 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 210 $5,866,452.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 210 $5,866,452.00 $0.00
user: Aimee Beleu Pages: 6 of 6 Monday, February 3, 2025 Payment Register

TOWN OF PARADISE
From Payment Date: 1/1/2025 - To Payment Date: 1/31/2025 38 Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 2(c)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Maintenance Culvert Replacement Project CEQA
Determination

LONG TERM
RECOVERY PLAN:

Yes, Tier 1 – Evacuation Routes
COUNCIL ACTION REQUESTED:

1. Concur with staff recommendation to file CEQA Notice of Exemptions for Maintenance Culvert Replacements on Nunneley, Ingalls and Scottwood Roads.

Background:

Staff identified 3 locations with deteriorated corrugated metal pipe culverts requiring in-kind replacement ahead of the 2025 Off-System Road paving operations. The locations and culvert details are as follows:
 Nunneley Road - 47 LF of 18-inch corrugated metal pipe culvert  Ingalls Road - 28 LF of 18-inch and 28 LF of 12-inch dual corrugated metal pipe culverts  Scottwood Road - 30 LF of 18-inch corrugated metal pipe culvert The culvert bottoms have rotted out and absent repair would result in roadway damage and flooding due to the deteriorated condition of the existing culverts. All three locations convey water from a channel that may be considered waters of the United States and could have US Army Corps of Engineers Jurisdiction. Pursuant to Section 404 of the Clean Water Act (33 USC 1344) and Federal Regulations (33 CFR 323.4(a)(2)), certain discharges for Maintenance have been exempted from requiring a Section 404 permit. In order to qualify for the Clean Water Act Section 404(f) exemptions as “Maintenance Activities,” the existing culvert would need to be replaced with in-kind material and capacity.

For efficiency this project will be bid and constructed with the 2025 Off-System Road Rehabilitation project.

Analysis:

The current phase for this project is environmental review under the California Environmental Quality Act (CEQA). The CEQA process requires the lead agency to examine the project proposal and evaluate potential impacts. Staff have evaluated the subject project thoroughly and found that the project is exempt under State CEQA Guidelines Section (c), Existing Facilities which states:

The project is exempt under State CEQA Guidelines [Section 15301(c)], which states:
39 “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to:

Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).” The Town of Paradise proposes complete in-kind replacements of corrugated metal pipe culverts on Nunneley, Ingalls and Scottwood Roads, ahead of the 2025 Off-System Road paving operations. Erosion and corrosion have caused pipe failure. Replacement will prevent roadway damage and flooding due to the deteriorated condition of the existing culverts and will ensure essential evacuation routes during emergencies. The existing culverts would be replaced in-kind and with equivalent sized piping and falls within the Clean Water Act Section 404(f) exemptions as “Maintenance Activities.” The removed roadway section above the replaced culvert pipe will be restored to its original condition. The project will result in no expansion of use of an existing facility. No further environmental review is necessary for this project.

Based on CEQA Section 15301(c), staff is requesting the Council to concur with and approve for filing the Notice of Exemptions with the Butte County Recorder’s Office. If approved, the environmental phase will be completed in March 2025. Construction is anticipated to be completed with the 2025 Off-System Road Rehabilitation project, slated to start in April 2025.

A draft of the Notice of Exemption for each location is attached to this staff report.

Financial Impact:

The total estimated construction cost of the project is $57,558 and will be paid from local drainage funds. The estimated expenditure breakdown by location is shown below.

Estimate Construction Cost
Location Estimated Cost
Nunneley Road $21,973
Ingalls Road $21,560
Scottwood Road $14,025
Total Cost $57,558
There is a recording fee of $50 per project with the Butte County Recorder’s Office to file the Notice of Exemption.

Attachments:

A. Nunneley Road CEQA Notice of Exemption
B. Ingalls Road CEQA Notice of Exemption
C. Scottwood Road CEQA Notice of Exemption
40 1

NOTICE OF EXEMPTION
To: Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
County Clerk-Recorder
Butte County
155 Nelson Avenue
Oroville, CA 95965
From: Public Works Department
Town of Paradise Posted:_______ through _______
5555 Skyway (date) (date)
Paradise, CA 95969
Project Title: NUNNELEY ROAD CULVERT REPLACEMENT PROJECT Project Location: Town of Paradise, Butte County, CA. See attached project location map.

Assessor’s Parcel Number(s): Town Rights of Way, Maple Park Drive Project Description: The Town of Paradise within Butte County, California proposes to remove and replace existing 18” corrugated metal pipe culvert in-kind and restore the roadway sections above the pipe at Latitude: 39.755938, Longitude: - 121.601559.

Lead Agency: Town of Paradise
Applicant: Town of Paradise, 5555 Skyway, Paradise, CA 95969 Exemption Status: Ministerial [Section 21080(b); 15268]; Declared Emergency [Section 21080(b)(3); 15269(a)];
Emergency Project [Section 21080(b)(4); 15269(b)(c)];
General Rule [Section 15061(b)(3)];
Categorical Exemption [Section 15301(c), Existing Facilities]; Approval of Rates, Tolls, Fares, and Charges [Section 21080(b)(8)(D)]; Statutory Exemption [Section 15273(a)(4)].

REASONS WHY THIS PROJECT IS EXEMPT OR DOES NOT REQUIRE FURTHER ENVIRONMENTAL DOCUMENTATION:

The project is exempt under State CEQA Guidelines [Section 15301(c), Existing Facilities], which states:

The following emergency projects are exempt from the requirements of CEQA. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to:
(C) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes);” The purpose of the project is to replace in-kind an existing corrugated metal pipe culvert. The project will result in no expansion of use of an existing facility. No further environmental review is necessary for this project.

By __________________________________ Date ______________________ Marc Mattox, Public Works Director
Town of Paradise

DATE RECEIVED FOR FILING
41 2

DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF LEAD AGENCY/APPLICANT:

Town of Paradise
Public Works Department
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Project: NUNNELEY ROAD CULVERT REPLACEMENT PROJECT
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:

1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
☒ A. Statutorily or Categorically Exempt
$50.00 (Fifty Dollars) Butte County Clerk's Filing Fee

2. NOTICE OF DETERMINATION - FEE REQUIRED
☐ A. Negative Declaration
$2,968.75 State Filing Fee
$50.00 Butte County Clerk's Filing Fee
☐ B. Mitigated Negative Declaration
$2,968.75 State Filing Fee
$50.00 Butte County Clerk's Filing Fee
☐ C. Environmental Impact Report
$4,123.50 State Filing Fee
$50.00 Butte County Clerk's Filing Fee

3. ☐ OTHER (Specify) General Rule Exemption
$50.00 Butte County Clerk's Filing Fee

THREE COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.

ALL APPLICABLE FEES MUST BE PAID AT THE TIME OF FILING ANY ENVIRONMENTAL DOCUMENTS WITH THE BUTTE COUNTY CLERK'S OFFICE.

THE $50.00 HANDLING FEE IS REQUIRED PER FILING IN ADDITION TO THE FILING FEE SPECIFIED IN FISH AND GAME CODE SECTION 711.4(d).

MAKE CHECKS PAYABLE TO COUNTY OF BUTTE.
42 !.

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community ±
0 100 200
Feet

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969 J ERDAHL
JANUARY 2025

PROJECT

LOCATION
MAP
Legend
!. Nunneley Road Culvert

MMAAIINNTTEENNAANNCCEE CCUULLVVEERRTT

RREEPPLLAACCEEMMEENNTT PPRROOJJEECCTT

NNUUNNNNEELLEEYY RROOAADD
18" CMP Culvert
Lat: 39.755938
Long: -121.601559
43 1

NOTICE OF EXEMPTION
To: Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
County Clerk-Recorder
Butte County
155 Nelson Avenue
Oroville, CA 95965
From: Public Works Department
Town of Paradise Posted:_______ through _______
5555 Skyway (date) (date)
Paradise, CA 95969
Project Title: INGALLS ROAD CULVERT REPLACEMENT PROJECT Project Location: Town of Paradise, Butte County, CA. See attached project location map.

Assessor’s Parcel Number(s): Town Rights of Way, Maple Park Drive Project Description: The Town of Paradise within Butte County, California proposes to remove and replace existing 12” and 18” dual corrugated metal pipe culverts in-kind and restore the roadway sections above the pipe at Latitude: 39.758236, Longitude: -121.598448.

Lead Agency: Town of Paradise
Applicant: Town of Paradise, 5555 Skyway, Paradise, CA 95969 Exemption Status: Ministerial [Section 21080(b); 15268]; Declared Emergency [Section 21080(b)(3); 15269(a)];
Emergency Project [Section 21080(b)(4); 15269(b)(c)];
General Rule [Section 15061(b)(3)];
Categorical Exemption [Section 15301(c), Existing Facilities]; Approval of Rates, Tolls, Fares, and Charges [Section 21080(b)(8)(D)]; Statutory Exemption [Section 15273(a)(4)].

REASONS WHY THIS PROJECT IS EXEMPT OR DOES NOT REQUIRE FURTHER ENVIRONMENTAL DOCUMENTATION:

The project is exempt under State CEQA Guidelines [Section 15301(c), Existing Facilities], which states:

The following emergency projects are exempt from the requirements of CEQA. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to:
(C) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes);” The purpose of the project is to replace in-kind existing corrugated metal pipe culverts. The project will result in no expansion of use of an existing facility. No further environmental review is necessary for this project.

By __________________________________ Date ______________________ Marc Mattox, Public Works Director
Town of Paradise

DATE RECEIVED FOR FILING
44 2

DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF LEAD AGENCY/APPLICANT:

Town of Paradise
Public Works Department
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Project: INGALLS ROAD CULVERT REPLACEMENT PROJECT
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:

1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
☒ A. Statutorily or Categorically Exempt
$50.00 (Fifty Dollars) Butte County Clerk's Filing Fee

2. NOTICE OF DETERMINATION - FEE REQUIRED
☐ A. Negative Declaration
$2,968.75 State Filing Fee
$50.00 Butte County Clerk's Filing Fee
☐ B. Mitigated Negative Declaration
$2,968.75 State Filing Fee
$50.00 Butte County Clerk's Filing Fee
☐ C. Environmental Impact Report
$4,123.50 State Filing Fee
$50.00 Butte County Clerk's Filing Fee

3. ☐ OTHER (Specify) General Rule Exemption
$50.00 Butte County Clerk's Filing Fee

THREE COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.

ALL APPLICABLE FEES MUST BE PAID AT THE TIME OF FILING ANY ENVIRONMENTAL DOCUMENTS WITH THE BUTTE COUNTY CLERK'S OFFICE.

THE $50.00 HANDLING FEE IS REQUIRED PER FILING IN ADDITION TO THE FILING FEE SPECIFIED IN FISH AND GAME CODE SECTION 711.4(d).

MAKE CHECKS PAYABLE TO COUNTY OF BUTTE.
45 !.

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community ±
0 100 200
Feet

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969 J ERDAHL
JANUARY 2025

PROJECT

LOCATION
MAP
Legend
!. Ingalls Road Culvert

MMAAIINNTTEENNAANNCCEE CCUULLVVEERRTT

RREEPPLLAACCEEMMEENNTT PPRROOJJEECCTT

IINNGGAALLLLSS RROOAADD
12" and 18" Dual CMP Culvert
Lat: 39.758236
Long: -121.598448
46 1

NOTICE OF EXEMPTION
To: Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
County Clerk-Recorder
Butte County
155 Nelson Avenue
Oroville, CA 95965
From: Public Works Department
Town of Paradise Posted:_______ through _______
5555 Skyway (date) (date)
Paradise, CA 95969
Project Title: SCOTTWOOD ROAD CULVERT REPLACEMENT PROJECT Project Location: Town of Paradise, Butte County, CA. See attached project location map.

Assessor’s Parcel Number(s): Town Rights of Way, Maple Park Drive Project Description: The Town of Paradise within Butte County, California proposes to remove and replace existing 18” corrugated metal pipe culvert with 30 LF of 15-inch arch CMP culvert and restore the roadway sections above the pipe at Latitude:

39.755938, Longitude: -121.601559.

Lead Agency: Town of Paradise
Applicant: Town of Paradise, 5555 Skyway, Paradise, CA 95969 Exemption Status: Ministerial [Section 21080(b); 15268]; Declared Emergency [Section 21080(b)(3); 15269(a)];
Emergency Project [Section 21080(b)(4); 15269(b)(c)];
General Rule [Section 15061(b)(3)];
Categorical Exemption [Section 15301(c), Existing Facilities]; Approval of Rates, Tolls, Fares, and Charges [Section 21080(b)(8)(D)]; Statutory Exemption [Section 15273(a)(4)].

REASONS WHY THIS PROJECT IS EXEMPT OR DOES NOT REQUIRE FURTHER ENVIRONMENTAL DOCUMENTATION:

The project is exempt under State CEQA Guidelines [Section 15301(c), Existing Facilities], which states:

The following emergency projects are exempt from the requirements of CEQA. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to:
(C) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes);” The purpose of the project is to replace in-kind material and capacity an existing corrugated metal pipe culvert.

The project will result in no expansion of use of an existing facility. No further environmental review is necessary for this project.

By __________________________________ Date ______________________ Marc Mattox, Public Works Director
Town of Paradise

DATE RECEIVED FOR FILING
47 2

DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF LEAD AGENCY/APPLICANT:

Town of Paradise
Public Works Department
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Project: SCOTTWOOD ROAD CULVERT REPLACEMENT PROJECT
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:

1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
☒ A. Statutorily or Categorically Exempt
$50.00 (Fifty Dollars) Butte County Clerk's Filing Fee

2. NOTICE OF DETERMINATION - FEE REQUIRED
☐ A. Negative Declaration
$2,968.75 State Filing Fee
$50.00 Butte County Clerk's Filing Fee
☐ B. Mitigated Negative Declaration
$2,968.75 State Filing Fee
$50.00 Butte County Clerk's Filing Fee
☐ C. Environmental Impact Report
$4,123.50 State Filing Fee
$50.00 Butte County Clerk's Filing Fee

3. ☐ OTHER (Specify) General Rule Exemption
$50.00 Butte County Clerk's Filing Fee

THREE COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.

ALL APPLICABLE FEES MUST BE PAID AT THE TIME OF FILING ANY ENVIRONMENTAL DOCUMENTS WITH THE BUTTE COUNTY CLERK'S OFFICE.

THE $50.00 HANDLING FEE IS REQUIRED PER FILING IN ADDITION TO THE FILING FEE SPECIFIED IN FISH AND GAME CODE SECTION 711.4(d).

MAKE CHECKS PAYABLE TO COUNTY OF BUTTE.
48 !.

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0 100 200
Feet

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969 J ERDAHL
JANUARY 2025

PROJECT

LOCATION
MAP
Legend
!. Scottwood Culvert

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18" CMP Culvert
Lat: 39.744373
Long: -121.622073
49 Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 2(d)
ORIGINATED BY: Tony Lindsey, Community Development Director – Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
Scott Huber, Town Attorney
SUBJECT: Adoption of Ordinance No. 642

LONG-TERM
RECOVERY PLAN:

Yes – Tier 1 Fuels Management Plan
COUNCIL ACTION REQUESTED: Upon conclusion of the public discussion of this agenda item, adopt either the recommended action or an alternative action.

1. Waive second reading of the entire Town Ordinance No. 642 and approve reading by title only; and,

2. Adopt Town Ordinance No. 642, " An Ordinance of the Town Council of the Town of Paradise Amending Sections 8.58.010-8.58.60 of the Paradise Municipal Code related to Defensible space/hazardous fuel management Fuel Break Requirements” Background:

On January 14, 2024, the Town Council introduced the above-noted Town ordinance for purposes of eventual adoption. If adopted, the proposed ordinance intends to amend Sections 8.58.010-

8.58.60 of the Paradise Municipal Code relating to defensible space/hazardous fuel management fuel break requirements. The required perimeter defensible space clearance for properties greater than one and one-half acre will increase from thirty (30) feet to fifty (50) feet.

Analysis:

Town staff recommends the Town Council waive the second reading of this entire ordinance; read it by title only, and formally adopt Town Ordinance No. 642 [copy attached]. Once adopted, the provisions of this ordinance will be effective thirty (30) days thereafter.

Financial Impact:

There will be a nominal cost for publishing the ordinance within the local newspaper and codification.

Attachment:

1. Ordinance No. 642 "An Ordinance Amending Sections 8.58.010-8.58.60 of the Paradise Municipal Code related to Defensible space/hazardous fuel management Fuel Break Requirements”
50 TOWN OF PARADISE
ORDINANCE NO. 642

AN ORDINANCE AMENDING SECTIONS 8.58.010-8.58.60 OF THE

PARADISE MUNICIPAL CODE RELATED TO DEFENSIBLE SPACE/

HAZARDOUS FUEL MANAGEMENT FUEL BREAK REQUIREMENTS
SECTION 1. Section 8.58.010-8.58.60 of the Paradise Municipal Code is amended to read as follows:

Chapter 8.58 - DEFENSIBLE SPACE AND HAZARDOUS FUEL MANAGEMENT

8.58.010 - Title.

This chapter shall be known as the "defensible space and hazardous fuel management ordinance" of the Town of Paradise.

8.58.020 - Purpose and intent.

A. The Town Council of the Town of Paradise finds and declares that the uncontrolled growth and accumulation of weeds, grasses, hazardous vegetation and combustible materials or obstructions on sidewalks, streets, and on lands or lots within the town are dangerous or injurious to neighboring property and the health, safety and welfare of the citizens, residents and visitors of the Town of Paradise community. Such growth and accumulation constitute a public nuisance in that they create fire hazard, reduce the value of private property, and create a hazard to the health, safety and general welfare of the public.

B. The town is located within a designated very high fire hazard severity zones (VHFHSZ) in which the vegetation is highly flammable during dry periods and has contributed to significant wildfires resulting in catastrophic fire losses to life, property and the environment.

C. This chapter is intended and shall apply to the abatement of the growth and/or accumulation of weeds, grasses, shrubs, brush, slash, tree limbs, hazardous vegetation and combustible materials on all improved parcels and designated unimproved parcels within the town and the maintenance of those parcels to prevent hazardous vegetation from growing back.

D. The purpose of this chapter is to establish defensible space requirements and wildfire mitigation measures that both supplement and supersede Government Code Section 51182 and Public Resource Code section 4291, California Code of Regulations, and California Fire Code in order to protect the lives and property of the citizens, residents and visitors of the Town of Paradise.

8.58.030 - Definitions.

The terms used in this chapter shall have the following meanings:
"Combustible material" means seasonal and recurrent weeds, stubble, brush, dry leaves, mulch, wood, tumbleweeds, rubbish, recyclable material, litter, or flammable materials of any kind. 51 "Defensible space" means an area, either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. "Fire hazard severity zones (FHSZ)" means geographical areas designated pursuant to California Public Resources Code Sections 4201 through 4204 and classified as very high, high, or moderate in state responsibility areas (SRA) or as local responsibility agency very high fire hazard severity zones (LRA VHFHSZ) designated pursuant to California Government Code Sections 51175 through 51189.
“Fuel break” means a strategically located area where the volume and arrangement of vegetation has been managed to limit fire intensity, fire severity, rate of spread, crown fire potential, and/or ember production as follows:

1. Weeds, grass, and brush mowed and removed to a maximum height of four (4) inches.

2. Remove LADDER FUELS and dead portions of trees and shrubs.

3. Trees shall be pruned six (6) feet from the ground. Pruning shall be one-third (1/3) of the overall height for shorter-height trees.

4. Remove downed trees and SLASH.
"Fuel modification" means a method of modifying fuel load by reducing the amount of flammable vegetation or altering the type of vegetation to reduce the fuel load. “Groupings” means numerous plants growing together with a maximum foliage width of ten (10) feet.
"Hazardous vegetation" means vegetation that is flammable and endangers the public safety by creating a fire hazard, including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, etc.
"Improved parcel(s)" means a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which a STRUCTURE is located.
“Ladder fuels” means vegetation, brush, small trees under mature trees. "Ornamental landscape" means all grasses, plants, trees and other vegetation installed by a PROPERTY OWNER, property tenant, etc. It is usually for aesthetic purposes or privacy screening.
"Person" means a person, partnership, limited partnership, corporation, limited liability company or association.
"Property owner" means the holder of the fee simple title of the property. “Slash” means tree limbs and other woody material left behind after a tree has fallen or been felled.
"Structure" means any dwelling, house, garage, or building. 52 "Unimproved parcel(s)" means a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which no STRUCTURE is located.
"Wildland-urban interface (WUI) area" means that geographical area where STRUCTURES and other human development meet or intermingle with wildland or vegetative fuels.

8.58.040 - Applicability.

This chapter, including any amendments or revisions thereto, shall apply to all improved and unimproved parcel(s) located within the town.

8.58.050 - Responsibility for administration.

The fire chief, or his or her designee, shall administer, implement, and enforce the provisions of this chapter.

8.58.060 - Defensible space/hazardous fuel management requirements.

A. Any person that owns, leases, controls, operates, or maintains any real property in the town shall continuously do the following:

1. Maintain immediately around and adjacent to any building or structure free of combustible materials. Only noncombustible material shall be allowed within five (5) feet of any building or structure. No vegetation shall exist within or overhang within five (5) feet of the structure. Any overhanging limbs or branches shall be removed.

2. All exterior walls shall have a six (6) inch noncombustible vertical clearance from grade.

3. Combustible materials shall not be stored under decks, and the area under decks shall be maintained free of combustible material. Decks or porches four (4) feet or less above the grade shall be fully enclosed to reduce the accumulation of debris with noncombustible wall material. Noncombustible, corrosion-resistant mesh material with openings not to exceed one-eighth (⅛) inch may be used.

4. All fencing material within five (5) feet from any structure and shall be constructed of noncombustible material. All fencing shall be a single line; back-to-back fencing is not permitted in which fences are nominally parallel and spaced less than three (3) feet apart.

5. Maintain the roof of a structure free of leaves, needles, or other combustible materials.

6. Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration.

7. Provide and maintain a screen over the outlet of every chimney or stovepipe attached to any fireplace, stove, or other device that burns any solid or liquid fuel. 53 The screen shall be constructed of noncombustible, corrosion-resistant material with openings no larger than one-half (1/2) inch.

8. Remove the portion of any tree that extends within ten (10) feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any structure free of dead and dying wood.

9. Tree placement shall be planned to ensure the mature canopy is no closer than five (5) feet to the edge of the Structure.

10. According to the State Board of Forestry and Fire Protection General Guidelines, Trees and shrubs shall be limited to groupings following the property’s slope. This does not apply to single tree specimens, ornamental landscape, or similar plants used as ground cover, provided they do not form a means of rapidly transmitting fire from the native growth to any Structure.

11. Property owners are required to establish and maintain a fuel break on both sides of any street or driveway. This fuel break shall extend horizontally to ten (10) feet and reach a vertical clearance of fourteen (14) feet. The Fire Chief or their designee may require greater distance. This regulation applies to public and private driveways and any public or private streets that border or bisect a property.

12. All unattached accessory structures shall be a minimum of ten (10) feet away from any other structures.

B. Property owners shall not permit any accumulation of combustible materials within fifty (50) feet of the property line. The Fire Chief or their designee may require a distance greater than fifty (50) feet when it is determined that the greater distance is necessary to provide defensible space for structures on an adjacent property.

C. Parcels one and one-half (1½) acres or less in size shall be required to provide a fuel break to include the entire parcel.

D. Parcels greater than one and one-half (1½) acres in size shall be required to maintain a fuel break a minimum of fifty (50) feet from the property line around the perimeter and one hundred (100) feet from any structure.

E. In the event the Fire Chief or their designee finds that additional fuel management is necessary to significantly reduce the risk of transmission of flame or heat to adjacent properties and means of egress and ingress, the Fire Chief or their designee may mandate fuel modification of an area more or less than the preceding widths or heights of this section.

F. Grazing animals (limited to goats and/or sheep) utilized for weed abatement may graze open and other appropriate areas of natural vegetation for a period not to exceed sixty (60) days in a calendar year.

G. Prior to transferring ownership of a parcel from a seller to a buyer or from one owner to another, the seller or owner shall first obtain a certificate of compliance from the town 54 stating that the parcel is not in violation of this section prior to the transfer of ownership.

Any issued certificate of compliance shall remain valid for ninety (90) days from the inspection date and may be used to open escrow without payment of an additional certificate of compliance fee.

8.58.065 - Exceptions Committee and Town Council approval of exceptions.

A. The Town Council shall establish and appoint an Exceptions Committee.

B. The Exceptions Committee shall consist of two (2) Town Council members.

C. The purpose of the Exceptions Committee shall be to review and refer cases to the Town Council for review and potential approval regarding written requests for exceptions to this chapter.

D. The requests shall be in writing and accompanied by data and documents, as required by the Exceptions Committee.

E. The Town Council may, by majority vote and in its sole discretion, authorize exceptions to the terms of this chapter as recommended by the Exceptions Committee.

SECTION 2. Pursuant to California Environmental Quality Act (CEQA) Guidelines section 15308 this ordinance is exempt from CEQA in that it is a Class 8 categorical exemption for actions taken by a regulatory agency to establish procedures for the protection of the environment.

SECTION 3. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this 11th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________ Melanie Elvis, Town Clerk/Elections Official Scott E. Huber, Town Attorney 55 Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 2(e)
ORIGINATED BY: Crystal Peters, Human Resources/Risk Management Director
Aimee Beleu, Finance Director
REVIEWED BY: Scott E. Huber, Town Attorney
Jim Goodwin, Town Manager
SUBJECT: Authorize destruction of certain records maintained in the Human Resources Department and Finance Department in
keeping with the principles of an effective and cost-efficient Records Management Program.

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2025-__, “A Resolution of The Town Council of the Town of Paradise Authorizing Disposal of Certain Town Records Maintained in the Human Resources Department Pursuant to Government Code Section 34090”; and,

2. Adopt Resolution No. 2025-__, “A Resolution of The Town Council of the Town of Paradise Authorizing Disposal of Certain Town Records Maintained in the Finance Department Pursuant to Government Code Section 34090.”; or,

3. Make the determination that certain records listed for destruction have no value to the agency, and direct that all or some of the records listed in Exhibits “B” continue to be maintained.

Background:

The Town has had an established records management program since the early 1980’s. Based upon recommendations from the California Secretary of State, all Town records have been appraised, inventoried and scheduled with a retention/destruction code pursuant to Town of Paradise Resolution No. 04-27 (original schedule was adopted in 1993 by Resolution No. 93-30).

This resolution provides the Town with legal authority to dispose of certain records that are no longer required by the Town.

Analysis:

Once records have fulfilled their administrative, fiscal, or legal function they should be disposed of as soon as possible to maintain efficient, effective and economical management of information.

Resolution No. 04-27 provides for the legal authority, with the Town Attorney’s consent, to dispose of records that no longer serve the administrative, legal and/or fiscal purposes for which they were created. Since the records are eligible for destruction and no longer have value to the Town, it is appropriate that the Council adopt the proposed resolutions.

Financial Impact:

No additional cost will be borne by the Town in destroying these records. The Finance Division already contracts for regular shredding service and any documents not containing confidential or sensitive information will be recycled.
56 TOWN OF PARADISE
RESOLUTION NO. 2025-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AUTHORIZING

DISPOSAL OF CERTAIN TOWN RECORDS MAINTAINED IN STORAGE FOR THE HUMAN RESOURCES DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTION 34090.

WHEREAS, Government Code Section 34090 authorizes the head of a town department, with the written consent of the Town Attorney, to destroy certain records over two years of age upon approval of the legislative body; and,
WHEREAS, the Town Attorney consent is incorporated into this resolution as Exhibit A approving the destruction of those certain records set forth in Exhibit “B”; and, WHEREAS the specific records are set forth on Exhibit “B”; and, WHEREAS, the Human Resources Director is requesting to dispose certain records maintained in the Human Resources Department as set forth on the attached Exhibits “B”.

NOW, THEREFORE BE IT RESOLOVED, by the Town Council of the Town of Paradise as follows:

SECTION 1: The Town Clerk of the Town of Paradise is hereby authorized to dispose of the records set forth in Exhibit “B "of this resolution.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 11th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Steve Crowder, Mayor
ATTEST:
_______________________________
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:
________________________________
Scott Huber, Town Attorney
57 2
“EXHIBIT A”
Consent to Destruction of Certain Records, Documents
and Papers of the Town of Paradise
Pursuant to the Government Code Section 34090, I hereby consent to the destruction of those certain records, documents and papers of the Town of Paradise listed on Exhibit B to Resolution No. 2025-__.

DATED:
________________________________
Scott E. Huber, Town Attorney
58 3
EXHIBIT “B”

LIST OF FILES ELIGIBLE FOR DESTRUCTION
Retain File Description File Closed
Date
Employment Applications for the Following Positions:

CL +4 Accounting Technician 6/2/2020
Administrative Assistant 6/15/2020
Administrative Assistant 8/20/2020
Administrative Services Director 2020
Associate Planner 1/10/2020
Building & Code Enforcement Director 11/30/2020
Building Official 8/27/2020
Building/Onsite Inspector 8/27/2020
Building/Onsite Permit Technician 2020
Capital Projects Manager 3/23/2020
Disaster Recovery Director 2/20/2020
Disaster Recovery Manager 7/8/2019
Grant Administrator 6/23/2020
Housing Program Technician 1/22/2020
Management Analyst 1/22/2020
Office Assistant 9/24/2020
Police Officer & Police Trainee 2020
Procurement Officer 1/13/2020
Town Manager 5/21/2020
CL+2 Certificates of Liability Insurance 2022
Reviewed by:
__________________________________________
Crystal Peters, Human Resources/Risk Management
59 TOWN OF PARADISE
RESOLUTION NO. 2025-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AUTHORIZING

DISPOSAL OF CERTAIN TOWN RECORDS MAINTAINED IN THE FINANCE DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTION 34090.

WHEREAS, Government Code Section 34090 authorizes the head of a Town department, with the written consent of the Town Attorney, to destroy certain records over two years of age upon approval of the legislative body; and,
WHEREAS, the Town Attorney consent is incorporated into this resolution as Exhibit “A” approving the destruction of those certain records set forth in Exhibit “A”; and, WHEREAS the specific records are set forth on Exhibit “B”; and, WHEREAS, the Finance Director is requesting to dispose of certain records maintained in the Finance Department as set forth on the attached Exhibit “B”.

NOW, THEREFORE, the Town Council of the Town of Paradise does resolve as follows:

SECTION 1: The Finance Director of the Town of Paradise is hereby authorized to dispose of the records set forth in Exhibit “B" of this resolution.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 11 th day of
February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Crowder, Steven Mayor
ATTEST:
____________________________
Melanie Elvis, Town Clerk/Elections Official
APPROVED AS TO FORM:
_____________________________
Scott E. Huber, Town Attorney
60 TOWN OF PARADISE
RESOLUTION NO. 2025-__
EXHIBIT “A”
Consent to Destruction of Certain Records, Documents
and Papers of the Town of Paradise
Pursuant to the Government Code Section 34090, I hereby consent to the destruction of those certain records, documents and papers of the Town of Paradise listed on Exhibit “B” attached to Resolution No. 2025-__.

DATED:
_____________________________
Scott E. Huber, Town Attorney
61 Box # Box Label Dates Additional
1 Receipts Illegible -
2 Receipts 4/15/09 - 06/30/09 -
3 Receipts 4/1/2011 - 06/30/11 -
4 Receipts 1/1/11 - 03/31/11 -
5 Receipts 10/1/10 - 12/31/10 -
6 Deposits 4/1/10 - 6/30/10 -
7 Deposits 10/1/09 - 12/31/09 -
8 Deposits 7/1/10 - 09/30/10 -
9 Deposits Illegible - 09/30/10 -
10 Receipts 02/01/09 - 4/15/09 -
11 AP 2008 - 2009 Illegible
12 AP 2008 - 2009 A
13 AP 2008 - 2009 Da - Gu
14 AP 2008 - 2009 O - Pz
15 AP 2008 - 2009 Ha - Ivey
16 AP 2008 - 2009 U - Z
17 AP 2008 - 2009 Ja - North valley
18 AP 2008 - 2009 Q -Turnbow
19 AP 2007 - 2008 D - Hi
20 AP 2009 - 2010 L - Oroville
21 AP 2010 - 2011 A - Bur
22 AP 2010 - 2011 But - E
23 AP 2010 - 2011 In - N
24 AP 2010 - 2011 F - Im
24a AP 2009 - 2010 B - Curtis
25 Check Register July 2009 - June 2010
26 AP 2009 -2010 Village - Z
27 Edit Listings 2010 - 2011
28 AP 2010 - 2011 V - Z
29 AP 2009 - 2010 D - Hunter
30 AP 2009 - 2010 I - Kustom
31 Edit Listings 2009 - 2010
32 AP 2009 - 2010 P - Rowe
33 AP 2011 - 2012 Paradise Post - V
34 Edit Listings 2011 - 2012
35 AP 2011 - 2012 I - L
36 AP 2011 - 2012 V - Z
EXHIBIT “B”

LIST OF FILES ELIGIBLE FOR DESTRUCTION
62 37 AP 2011 - 2012 C - H
38 AP 2011 - 2012 M - PID
39 Edit Listings 2010 - 2011
40 JE 2008 - 2009
41 JE 2009 - 2010
42 AP 2009 - 2010 A - AVTEX
43 AP 2009 - 2010 S - Verizon
44 AP 2011 - 2012 A - B
45 Intern Program
46 Intern Program Cash Receipts
47 AP 2007 - 2008 A - Be
48 AP 2007 - 2008 Ho - Ji
49 AP 2007 - 2008 Ve - Z
50 AP 2007 - 2008 Si - Va
51 AP 2007 - 2008 Northstate - PD
52 AP 2007 - 2008 Pe - Sh
53 AP 2007 - 2008 Bi - C
54 AP 2007 - 2008 Jo - Northstar
55 Edit Listings 2008
56 Edit Listings 2008 -2009
57 AC Receipts 2013
58 AC Receipts 2015
59 AC Receipts 2015
60 AC Receipts 2013 - 2014
61 Deposits 9/17-11/17
62 Deposits 6/17-8/17
63 Deposits 3/18-4/18
64 Deposits 1/18-2/18
65 Deposits 2/19-5/19
66 Deposits 6/19-8/19
67 Deposits 5/18-6/18
68 Deposits 10/18-1/19
69 Deposits 9/19-12/19
70 Cash Reciepts 7 to 9/18
71 RFP 10/27/2020 Marked for Dest 10.32.2023
72 AP FY 2018 CB-L
73 AP FY 2018 T-Z
74 AP FY 2018 IMPAC
75 AP FY 2018 Edit Listings
76 AP FY 2018 O-S
77 AP FY 2018 M-N
78 AP FY 2018 A-CA
63 Reviewed by:
_______________________________________
Aimee Beleu, Finance Director/Town Treasurer
64 Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 2(f)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
Scott E. Huber, Town Attorney
SUBJECT: Award Contract No. 2024-001 On-Call Construction Management, Inspection and Materials Testing Contracts

LONG TERM
RECOVERY PLAN:

Yes, Tier 1-3, Numerous
COUNCIL ACTION REQUESTED:

1. Concur with staff’s recommendation of Consor North American, Inc., Psomas, and Unico Engineering, Inc. to perform professional construction management, inspection and materials testing services on a variety of federally, state and locally funded efforts, contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals; and,

2. Approve the attached Master Agreement for Professional Services and authorize the Town Manager to execute up to three agreements relating to On-Call Construction Management, Inspection and Materials Testing Services; and,

3. Adopt Resolution 2025-__ “A Resolution of the Town Council of the Town of Paradise, Designating Authority to the Paradise Town Manager to execute The Master Agreement for Professional Services and Individual Task Orders under the resultant master agreement for RFQ 2024-001 On-Call Construction Management, Inspection and Materials Testing Services up to the maximum contract aggregate amount of twenty three million, four hundred and ten thousand, nine hundred and ninety five dollars ($23,410,995) to expedite and facilitate camp fire recovery efforts.” Background:

The Town is currently operating a $713,345,000 Capital Improvement and Disaster Relief Program. In order to deliver these projects and continue restoration and rebuild efforts towards the development of a strong and vibrant community, procurement of professional consultants is necessary.

On September 3, 2024, staff issued a formal Request for Qualifications (RFQ 2024-001) utilizing formal consultant selection procedures per the Caltrans Local Assistance Procedures Manual for Federal-Aid projects. The RFQ stated the scope of work for the on-call construction management, inspection, and materials testing services needed and listed a not-to-exceed amount of $23,410,995. The contract term would be for three years, with potential for two one-year extensions by the Town. Due to staffing levels and project workloads, these services cannot be performed by in-house Town staff. Tasks assigned amongst these projects could vary and/or include a combination of construction management, staff augmentation, on-site construction inspection and materials testing services.
65 This procurement will be a two-step RFQ/RFP and task orders will be issued using a “mini-RFP” qualification-based selection process. The selected firms will be eligible to submit responses to the issued ‘mini’ Request for Proposals for individual project specific task orders.

Analysis:

By October 3, 2024 at 4:00 PM, Town staff had received six responses to the RFQ. The proposers are listed below:

1. Consor North America, Inc.

2. Ghirardelli Associates

3. Psomas

4. Unico Engineering, Inc.

5. American Engineering - Nonresponsive

6. Bureau Veritas North American, Inc. – Nonresponsive
Two of the proposals received were determined to be nonresponsive for the following reasons:

1. Failure to submit all of the required forms

2. Failure to meet or show a good faith effort to meet the 22% DBE goal A three-member evaluation committee was formed to evaluate the responsive proposals, including the following members:

1. Jessica Erdahl, Supervising Project Manager

2. Kevin Serrao, Capital Projects Manager

3. Hunter Foor, Assistant Engineer
The Committee received and ranked the proposals according to the criteria provided in the RFQ and shown in Table 1, below.

Table 1: Evaluation Criteria Table
No. Evaluation Criteria Points
Possible
1 Completeness of Response 10
2 Experience & Qualifications 40
3 Ability to Meet Project Timelines 20
4 Project Methodology & Approach 15
5 Familiarity & Experience with Local, State & Federal Procedures 15 SOQ SUBTOTAL 100
INTERVIEW 25
TOTAL 125
Panel members ranked each consultant’s proposal by the scores assigned from highest to lowest.

The highest scoring consultant was assigned a ranking of 1. Subsequent rankings were made until all consultants received their ranking in comparison to the number of submittals received by the Town. Committee review of the proposals was performed independently. Evaluation scoring & ranking of the proposals received are shown in Table 2. Consultants Consor and Ghirardelli and Associates tied for 3rd place and were subsequently invited for an interview. 66 Table 2: Scores and Ranking Proposals
Consultant Name Ranking
Total
Final
Ranking
Unico 4 1
Psomas 5 2
Consor 10 T3
Ghirardelli Associates 10 T3
Upon completion of consultant interviews, the final consultant selection was made by determining the lowest summation of panel member ranks. Evaluation scoring & ranking overall, which took into consideration interview scores are shown in Table 3.

Table 3: Scores and Ranking Overall
Consultant Name Ranking
Total
Final
Ranking
Unico 4 1
Psomas 5 2
Consor - Interview 9 3
Ghirardelli Associates - Interview 12 4
The evaluation committee selected the top-ranked three firms - Unico Engineering, Inc., Psomas, and Consor North America, Inc. to proceed with the next phase of the procurement process. Per Federal-Aid procedures, the top three ranked consultant cost proposal were requested and analyzed to begin negotiations and proceed with the Caltrans Office of Audits and Investigation review of financial documents.

Staff recommend Council consider awarding a separate Master Agreement, Attachment B, to each of the following firms: Consor North America, Inc., Psomas and Unico Engineering, Inc. to perform on-call construction management, inspection, and materials testing services for a variety of local, state, and federally-funded projects. Award of each contract will be contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals.

Financial Impact:

The master professional services agreements and associated task orders will include a combination of federal, state and local funds estimated not-to-exceed in aggregate $23,410,995.

Potential projects that may require Construction Management, Inspection and Materials Testing services are as follows:

Town CIP # Project Title Funding Type
7303 On-System Road Rehabilitation Project FHWA ER, HUD CDBG-DR 7307 Neal Road Rehabilitation Project FHWA ER, HUD CDBG-DR 8407 Off-System Road Rehabilitation Project FEMA PA, HUD CDBG-DR 9389 Go Paradise – Pentz Student Pathway FHWA ATP, HUD CDBG-DR 9390 Go Paradise – Neal Gateway Project FHWA ATP, HUD CDBG-DR 9391 Oliver Curve Pathway HUD CDBG-DR
67 9408 Systemic Intersection Safety Improvements FHWA HSIP, LOCAL 9421 Forest Service Road Improvements HUD CDBG-DR
9422 Foster/Black Olive Intersection Improvements HUD CDBG-DR 9423 Elliott/Nunneley Road Extension HUD CDBG-DR
9424 Go Paradise: Skyway Link Project FHWA ATP, HUD CDBG-DR 9425 Upper Skyway Widening HUD CDBG-DR
9426 Skyway/Pentz Intersection Improvements HUD CDBG-DR 9427 Pentz Road Widening HUD CDBG-DR
Attachments:

A. Resolution Approving Contract 2024-001
B. DRAFT Master Agreement for Professional Services
C. RFQ 2024-001
68 TOWN OF PARADISE
RESOLUTION NO. 2025-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE,

DESIGNATING AUTHORITY TO THE PARADISE TOWN MANAGER TO EXECUTE

THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES AND INDIVIDUAL TASK ORDERS UNDER THE RESULTANT MASTER AGREEMENT FOR RFQ 2024- 001 ON-CALL CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS

TESTING SERVICES UP TO THE MAXIMUM CONTRACT AGGREGATE AMOUNT

OF TWENTY THREE MILLION, FOUR HUNDRED AND TEN THOUSAND, NINE HUNDRED AND NINETY FIVE DOLLARS ($23,410,995) TO EXPEDITE AND FACILITATE CAMP FIRE RECOVERY EFFORTS.

WHEREAS, the 2018 Camp Fire caused unprecedented damage to the Town of Paradise and has necessitated a variety of recovery projects which are further guided by Paradise Long-Term Recovery Plan; and,
WHEREAS, the Town of Paradise 2024/2025 Disaster Recovery and Capital Improvement Plan identifies over $713M in projects spanning multiple project phases, timelines, and funding sources; and,
WHEREAS, in an effort to streamline and expedite delivery of recovery projects, staff issued a Request for Qualifications 2024-001 On-Call Construction Management, Inspection and Materials Testing Services; and,
WHEREAS, RFQ 2024-001 was designed to create a Master Agreement for three selected consultant teams to further compete for individual task orders through subsequent Mini-Request for Proposals; and,
WHEREAS, RFQ 2024-001 was designed for a base term of three years with the possibility of two one-year extensions at the discretion of the Town Manager for a maximum term of five years; and,
WHEREAS, RFQ 2024-001 was designed for a not-to-exceed aggregate contract amount of $23,410,995 to be issued as individual task orders; and, WHEREAS, RFQ 2024-001 was prepared and reviewed for the most stringent of procurement standards, meeting Paradise Municipal Code, State and Federal requirements, including criteria set forth by California Department of Transportation, Federal Highways Administration, Federal Emergency Management Agency, Department of Housing and Urban Development and others; and,
WHEREAS, RFQ 2024-001 was advertised on September 3, 2024 for work relating to the Town’s current and future Disaster Recovery and Capital Improvement Plan, with major scope of work categories listed below:
 Construction Management Work
 On-site Construction Inspection
 Geotechnical Investigative Work
 On-site Construction Materials Testing
69 TOWN OF PARADISE
RESOLUTION NO. 2025-___
2  Laboratory Construction Materials Testing
WHEREAS, RFQ 2024-001 yielded six responses by October 3, 2024 at 4:00 PM from the following firms:

1. Consor North America, Inc.

2. Ghirardelli Associates

3. Psomas

4. Unico Engineering, Inc.

5. American Engineering - Nonresponsive

6. Bureau Veritas North American, Inc. – Nonresponsive
WHEREAS, each firm was evaluated by a three-member panel of Town staff using the following criteria:

No. Evaluation Criteria Total
Possible
1 Completeness of Response 10
2 Experience and Qualifications 40
3 Ability to Meet Project Timelines 20
4 Project Methodology & Approach 15
5 Familiarity & Experience with Local, State and Federal Procedures
15 TOTAL SCORE 100
WHEREAS, the recommended consultants to be included in the Master Agreement are:

1. Consor North America, Inc.

2. Psomas

3. Unico Engineering, Inc.

WHEREAS, the selected consultants are required to pass a pre-award audit by the California Department of Transportation Independent Office of Audits and Investigations prior to contract execution, including a review of all financial documents and indirect cost rates; and,
WHEREAS, by designating the Town Manager authority to execute all task orders associated with RFQ 2024-001, full benefits of this robust procurement process will be realized by expediting the award process.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows: that the Town of Paradise-designates the Town Manager as the person authorized to execute the Agreement for Professional Services and individual task orders under the resultant master agreements for RFQ 2024-001 On-Call Construction Management, Inspection and Materials Testing Services up to the maximum contract aggregate amount of twenty three million, four hundred and ten thousand, nine hundred and ninety five dollars ($23,410,995) to expedite and facilitate Camp Fire recovery efforts. 70 TOWN OF PARADISE
RESOLUTION NO. 2025- __
3 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Steve Crowder, Mayor
ATTEST:

Melanie Elvis, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
_____________________________________
Consultant

ON-CALL CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING Varies
Budget Account Number

ARTICLE I INTRODUCTION
This AGREEMENT is between Town of Paradise and the following named, hereinafter referred to as, CONSULTANT:

The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The Contract Administrator for the Town of Paradise will be Marc Mattox, Public Works Director/Town Engineer.

A. Consultant shall perform the work under this AGREEMENT described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference.

If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

B. INDEMNITY AND DEFENSE

1. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless Town and any and all of its officials, employees and agents as well as any other entities specified by Town (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant , its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless TOWN OF PARADISE shall not extend to the TOWN OF PARADISE’s sole or active negligence and shall not extend beyond the Consultant’s percentage of fault.

2. Duty to Defend
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In the event the TOWN OF PARADISE, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by TOWN OF PARADISE, CONSULTANT shall defend the TOWN OF PARADISE at CONSULTANT’s cost or at TOWN OF PARADISE’s option, to reimburse TOWN OF PARADISE for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by TOWN OF PARADISE is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and TOWN OF PARADISE, as to whether liability arises from the sole or active negligence of the TOWN OF PARADISE or its officers, employees, or agents, CONSULTANT will be obligated to pay for TOWN OF PARADISE’s defense until such time as a final judgment has been entered adjudicating the TOWN OF PARADISE as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

C. Consultant shall perform the work under this AGREEMENT described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of TOWN OF PARADISE.

E. TOWN OF PARADISE is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the TOWN OF PARADISE as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds TOWN OF PARADISE harmless from any and all claims that may be made against the Town based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the TOWN OF PARADISE. However, claims 73 Town of Paradise
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for money due or which become due to CONSULTANT from Town under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the TOWN OF PARADISE.

H. CONSULTANT shall be as fully responsible to the TOWN OF PARADISE for the negligent, reckless or willful misconduct of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. No waiver of any term or condition of this AGREEMENT shall be a continuing waiver thereof.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

K. CONSULTANT shall comply with the provisions of this AGREEMENT and additional federal provisions in Exhibit E of this agreement. In the event of a conflict between any provisions of Exhibit E, the more stringent provisions shall control and prevail.

L. CONSULTANT shall comply with the requirements of State prevailing wage law as required by law and as set out in this AGREEMENT.

M. All days set out herein are calendar days unless otherwise specified.

N. All Exhibits are incorporated into this AGREEMENT as if fully set forth herein.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit written progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report shall be sufficiently detailed for TOWN OF PARADISE’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with TOWN OF PARADISE’s Contract Administrator or Project Coordinator, as needed, and upon request, to discuss progress on the project(s).
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ARTICLE III STATEMENT OF WORK
CONSULTANT shall provide On-Call Engineering Services, described in Exhibit A entitled “SCOPE OF SERVICES”. As projects become available for assignment, project specific “task orders” will be issued using a “mini-RFP” qualification-based selection process.

ARTICLE IV PERFORMANCE PERIOD
A. Exhibit C is the “SCHEDULE OF PERFORMANCES”. This AGREEMENT shall go into effect on DATE, contingent upon approval by Town of Paradise, and CONSULTANT shall commence work after notification to proceed by the Town of Paradise’s Contract Administrator. The AGREEMENT shall end on DATE, unless extended by AGREEMENT amendment or terminated under Article VI of this AGREEMENT.

B. No recommendation for AGREEMENT award is binding on the Town of Paradise until the AGREEMENT is fully executed and approved by Town Council of the Town of Paradise and the Contract Administrator has issued a written Notice to Proceed.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term of this AGREEMENT shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. Unless otherwise agreed for a Task Order, CONSULTANT will be compensated for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal, described in Exhibit B entitled “COMPENSATION”. The specified hourly rates shall include all costs, including but not limited to direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order when presented along with documentation of such costs acceptable to the Town.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders by the Contract Administrator.

D. After a project to be performed under this AGREEMENT is identified by the Town of Paradise, the Town of Paradise will prepare a draft Task Order without the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, and project schedule The draft Task Order will be delivered to the selected CONSULTANTs awarded contracts for review, as a “mini-RFP.” CONSULTANTs shall return a Qualification Based Proposal within ten (10) calendar days along with a sealed Cost Estimate, including a written estimate of the number of hours and hourly rates per staff 75 Town of Paradise
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person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

An evaluation committee will review individual proposals, rank and select a consultant for the work. Following the selection of CONSULTANT, negotiations will commence and continue until an agreement has been reached on the negotiable items and total cost; Finally, a complete Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for an Actual Cost-plus Fixed Fee, lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. If applicable, CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed Federal rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by the Town of Paradise and notification to proceed has been issued by the Town of Paradise’s Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to the Town of Paradise signed by an authorized representative of the Town of Paradise. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the Town of Paradise.

K. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

L. The total amount payable by the Town of Paradise for an Individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

M. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

N. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT or to exceed the scope of work under this AGREEMENT.

O. The total amount payable by the Town of Paradise for all Task Orders resulting from this AGREEMENT shall not exceed $23,410,995. It is understood and agreed that there is no 76 Town of Paradise
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guarantee, either express or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

J. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order.

Invoices shall be submitted no later than thirty (30) days after the performance of work for which CONSULTANT is billing or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, according to phase, and funding source on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and task order. Credits due to the Town of Paradise that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to the Town of Paradise’s Contract Administrator at the following address:

Marc A. Mattox, Public Works Director/Town Engineer
Town of Paradise
5555 Skyway
Paradise, CA 95969

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by TOWN OF PARADISE with or without cause, provided that TOWN OF PARADISE gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, TOWN OF PARADISE shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. TOWN OF PARADISE may temporarily suspend this AGREEMENT, at no additional cost to TOWN OF PARADISE, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If the TOWN OF PARADISE gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to TOWN OF PARADISE for damages sustained by Town by virtue of any breach of this AGREEMENT by CONSULTANT, and Town may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due Town from CONSULTANT is determined. Notwithstanding, Consultant shall be liable only to the extent of Consultant’s negligent, reckless or willful misconduct.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT for all correctly completed work. Upon termination, TOWN OF PARADISE 77 Town of Paradise
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shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. Such materials may not be withheld until payment is received.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also shall comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to TOWN OF PARADISE.

D. When a CONSULTANT or subconsultant is a 501(c)(3) Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, subconsultants, and TOWN OF PARADISE shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. The Town of Paradise, HCD, HUD, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by the Town of Paradise’s Finance Director.
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B. Not later than thirty (30) days after issuance of the final audit report, CONSULTANT may request a review by the Town of Paradise’s Finance Director of unresolved audit issues.

The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by the TOWN OF PARADISE will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, TOWN OF PARADISE, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by TOWN OF PARADISE Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by TOWN OF PARADISE at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, TOWN OF PARADISE or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the TOWN OF PARADISE Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report.

Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, TOWN OF PARADISE will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in 79 Town of Paradise
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accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to TOWN OF PARADISE final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of TOWN OF PARADISE; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO TOWN OF PARADISE no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between TOWN OF PARADISE and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the TOWN OF PARADISE and any subconsultants, and no subconsultant agreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder.

The CONSULTANT agrees to be as fully responsible to the TOWN OF PARADISE for the acts and omissions of its subconsultants and of persons either directly or indirectly 80 Town of Paradise
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employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the TOWN OF PARADISE's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the TOWN OF PARADISE Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subconsultant agreement entered into as a result of this AGREEMENT, shall make all the provisions stipulated in this entire AGREEMENT applicable to subconsultants unless otherwise agreed by the TOWN OF PARADISE.

D. CONSULTANT shall pay its subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the TOWN OF PARADISE.

E. Any substitution of subconsultants must be approved in writing by the TOWN OF PARADISE Contract Administrator in advance of assigning work to a substitute subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The TOWN OF PARADISE may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the TOWN OF PARADISE, of the contract work, and pay retainage to CONSULTANT based on these acceptances.
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No retainage will be withheld by the TOWN OF PARADISE from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSUTLTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by TOWN OF PARADISE’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by TOWN OF PARADISE’s Contract Administrator, three competitive quotations shall be submitted with the request, or the absence of bidding shall be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, TOWN OF PARADISE shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit TOWN OF PARADISE in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established TOWN OF PARADISE procedures; and credit TOWN OF PARADISE in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent 82 Town of Paradise
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appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by TOWN OF PARADISE and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by TOWN OF PARADISE. The Parties shall divide the cost of such appraisal equally.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR shall be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at TOWN OF PARADISE construction sites, at TOWN OF PARADISE facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve TOWN OF PARADISE projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. 83 Town of Paradise
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b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by TOWN OF PARADISE representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the TOWN OF PARADISE Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT and subconsultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by TOWN OF PARADISE shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform TOWN OF PARADISE of the location of the records enumerated under paragraph (1) above, including the street address, Town and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or subconsultant fails to comply within the ten (10) day period, the CONSULTANT shall, as a penalty to TOWN OF PARADISE, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, 84 Town of Paradise
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for each worker, until strict compliance is effectuated. Such penalties shall be withheld by TOWN OF PARADISE from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the TOWN OF PARADISE Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any subconsultant shall forfeit to the TOWN OF PARADISE a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or subconsultant.

4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. 85 Town of Paradise
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b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.
c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project. d. Prior to making final payment to the subconsultant for work performed on the public works project, the CONSULTANT shall obtain a declaration signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, TOWN OF PARADISE shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If TOWN OF PARADISE determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if TOWN OF PARADISE did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by TOWN OF PARADISE.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the TOWN OF PARADISE, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the sub agreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him, her, or it shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
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2. CONSULTANT and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with TOWN OF PARADISE that may have an impact upon the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project which will follow.

B. CONSULTANT certifies that it has disclosed to the TOWN OF PARADISE any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise TOWN OF PARADISE of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either TOWN OF PARADISE ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

E. Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the CONSULTANT, or its designee or agents, may obtain a financial interest or benefit from a CDBG-DR assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to CDBG-DR assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for 1 year thereafter. 87 Town of Paradise
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ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any TOWN OF PARADISE employee. For breach or violation of this warranty, TOWN OF PARADISE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING TOWN OF PARADISE, STATE, OR FEDERAL

FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his, her or its knowledge and belief, that:

1. No State, Federal, or TOWN OF PARADISE appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. 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 ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier sub agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT 88 Town of Paradise
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has, unless exempt, complied with the nondiscrimination program requirements of Gov.

Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by TOWN OF PARADISE to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the TOWN OF PARADISE upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or TOWN OF PARADISE shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone 89 Town of Paradise
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in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex or national origin. In administering the TOWN OF PARADISE components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to TOWN OF PARADISE. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FEMA, FHWA, and/or HUD, whichever Department(s) is relevant to the Task Order.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System 90 Town of Paradise
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(NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 22%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal.

Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
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Failure by the CONSULTANT 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 CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02:

Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

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8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
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a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant 94 Town of Paradise
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• Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date.

CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract.

The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place. 95 Town of Paradise
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Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
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If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies. 97 Town of Paradise
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For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
Consultant shall provide Insurance as described in Exhibit D entitled “INSURANCE REQUIREMENTS”.

A. Prior to Agreement execution, CONSULTANT shall furnish the Town of Paradise with a Certificate of Insurance evidencing the insurance types and requirements set forth in Exhibit D.

B. The Town of Paradise will not be responsible for any premiums or assessments on any insurance policy.

C. The required insurance listed in Exhibit D shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year.

D. New Certificates of Insurance are subject to the approval of the Town of Paradise. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, the Town of Paradise may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to the TOWN OF PARADISE for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or TOWN OF PARADISE governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 98 Town of Paradise
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C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. TOWN OF PARADISE has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by TOWN OF PARADISE’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by TOWN OF PARADISE’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, TOWN OF PARADISE has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of TOWN OF PARADISE’s Contract Administrator and the Town Manager, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by 99 Town of Paradise
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TOWN OF PARADISE Town Council of unresolved claims or disputes, other than audit.

The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit TOWN OF PARADISE, the State, and FEMA, FHWA, and HUD if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by TOWN OF PARADISE Safety Officer and other TOWN OF PARADISE representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, TOWN OF PARADISE has determined that such areas are within the limits of the project and are open to public traffic.

CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of the TOWN OF PARADISE, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, Town shall be entitled to, and CONSULTANT shall deliver to Town, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all 100
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other property belonging exclusively to Town which is in CONSULTANT’s possession.

Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by the TOWN OF PARADISE.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of Town without restriction or limitation upon its use or dissemination by Town.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by the Town for another project or project location shall be at Town’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. TOWN OF PARADISE may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FEMA, FHWA, and HUD shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY TOWN OF PARADISE’S CONSTRUCTION

CONTRACTOR
A. If claims are filed by TOWN OF PARADISE’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with TOWN OF PARADISE’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that TOWN OF PARADISE considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from TOWN OF PARADISE. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with TOWN OF PARADISE’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
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ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to TOWN OF PARADISE’s operations, which are designated confidential by TOWN OF PARADISE and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by TOWN OF PARADISE relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or TOWN OF PARADISE’s actions on the same, except to TOWN OF PARADISE’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by TOWN OF PARADISE, and receipt of TOWN OF PARADISE’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than TOWN OF PARADISE, Caltrans, and/or FEMA, FHWA, or HUD. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of Town or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, Town has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, Town’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. 102
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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by TOWN OF PARADISE. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request. (2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9- P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
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[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included 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 LOCAL AGENCY The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of 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.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 104
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d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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 recipient 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, Nondiscrimination 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. 105
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252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient 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 recipient 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 recipient, its successors and assigns. The recipient, 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 recipient 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.)

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 recipient 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 106
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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 Nondiscrimination covenants, the recipient 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.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient 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 recipient 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.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER

THEACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient 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 recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and 107
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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 Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination 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;
 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 108
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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).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by personal delivery, five calendar days after deposit in the U.S. Mail (first class postage) or by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: Consultant
(Name), Project Manager
Address
TOWN OF PARADISE: Town of Paradise
Marc Mattox, Contract Administrator
5555 Skyway
Paradise, CA 95969

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named TOWN OF PARADISE, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties.

Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES

TOWN OF PARADISE
______________________________
A Municipal Corporation Consultant
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By:___________________________ By:
________________________________
James Goodwin, Town Manager Name:

Title:

Address:

APPROVED AS TO FORM: ATTEST:

By:____________________________ By:___________________________ Scott E. Huber, Town Attorney Melanie Elvis, Deputy Town Clerk 110
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT A SCOPE OF SERVICES
Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
Scope of Work Description:

The services which could be requested with this contract are broad within this profession and include the following:

Task 1: Preconstruction Services
1) Conduct a thorough review of plans and specifications to identify potential conflicts, constructability issues, value-engineering opportunities, and ensure consistency among plans, specifications, and estimates.
2) Perform a preconstruction quality assurance review of the 100% PS&E package, providing written comments in the form of a summary memorandum and "red line" markups of plans and specifications.
3) Review final contract plans, specifications, permits, agreements, easements, environmental documents, and technical reports and studies. 4) Develop a project schedule, encompassing preconstruction and construction utility relocations, and adhere to notification timelines specified in permits, agreements, and contract documents. Update the schedule upon receipt of the CONTRACTOR’s schedule.
5) Analyze Project Traffic Management Plans during pre-construction reviews, review project staging plans, and propose revisions as necessary. Review permits, agreements, and environmental commitments.
6) Review the project schedule, incorporating all preconstruction and utility relocations by others, and notification timelines noted in permits, agreements, and contract documents. Evaluate and collaborate with the TOWN Project Manager to enhance the schedule upon receipt of the CONTRACTOR’s schedule.
7) Attend Project Development Team meetings during the design phase to discuss design features and review contract administration procedures. 111
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8) Schedule, coordinate, and host a preconstruction meeting with the CONTRACTOR and Town after the award of the construction contract.

Task 2: Construction Management Services During Construction 1) Provide all necessary services to manage construction projects in accordance with Caltrans Local Assistance Procedures Manual Chapter 16: Administer Construction Contracts.
2) Project Coordination and Correspondence
a. Coordinate and assist CONTRACTORs, surveyors, material testers, the design engineer, other agencies, utility companies, and relevant parties as needed.
b. Maintain close contact with the town, provide an on-site Resident Engineer, and keep the Design Engineering firm informed of all pertinent correspondence. c. Review all Town and CONTRACTOR correspondence as necessary and collaborate with applicable parties to develop responses. d. Schedule, coordinate, and attend weekly construction contract coordination meetings with the CONTRACTOR.
e. Monitor project safety, the company’s Injury Illness Prevention Plan (IIPP), Cal/OSHA regulations, and requirements, documenting and notifying the contractor of potential violations.
f. Perform labor compliance reviews and correspond with the CONTRACTOR regarding any outstanding issues.
g. Track DBE and Section 3 utilization and compliance.
h. Maintain virtual project files, accessible to the Town at all times, in compliance with the Caltrans Construction Manual
2) Schedule Management, Progress Meetings, and Reports
a. Review the planned schedule for conformance with specifications and assess the reasonableness of the sequence and duration of activities. b. Monitor work progress against the planned schedule, reporting any schedule slippage to the town’s project manager and providing time impact analysis.

Update the construction schedule to reflect actual progress, weather delays, and change order impacts.
c. Prepare weekly statements of working days and provide them to the contractor in a Caltrans format.
d. Prepare and submit a monthly progress report to the Town detailing key issues, cost status, and schedule status.
3) Payment Recommendations
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a. Review CONTRACTOR’s initial schedule of values for reasonableness and ease of monitoring.
b. Review quantities submitted with monthly progress payment requests and analyze discrepancies.
c. Prepare monthly progress payment recommendations by measuring bid items, checking percent complete in the field, and assisting with contractor meetings to resolve differences.
d. Submit monthly progress payment spreadsheets to the Town for payment processing, including backup calculations in Caltrans format. 4) Requests for Information (RFI) and Material Submittals a. Review and monitor all Requests for Information (RFI) from CONTRACTOR. b. Review, respond to, and track responses to RFI related to construction issues. c. Provide design-related RFI to the Design Engineering firm for technical discussions and concurrence on potential changes or design impacts. Process responses to CONTRACTOR promptly.
d. Lead meetings with the Town, CONTRACTOR, and other parties to discuss and resolve outstanding RFIs.
e. Collect, log, review, distribute, track, and respond to all material submittals submitted by the CONTRACTOR.
5) Contract Change Orders (CCOs)
a. Issue written work change directives for contract changes and extra work. b. Review all change orders related to construction issues based on drawings, specifications, and other design information from the Design Engineering firm. c. Perform change order analysis, including reviewing proposed change orders, quotations from CONTRACTOR, negotiated change order costs, time extensions, and processing final negotiated change orders. Prepare CCOs and recommendations for Town review and approval.
d. Recommend and monitor appropriate levels of budget contingency required during all phases of the project.
6) Construction Observation/Inspection Services
a. Provide day-to-day on-the-job observation/inspection of all construction work, ensuring contract compliance and documenting construction activities. b. Prepare daily inspection reports, take progress photographs, review CONTRACTOR record drawing markups, and coordinate final inspection with the Town.
c. Provide photo documentation of pre-, during and post-construction activities. 113
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d. Perform ADA facility inspections and complete certification documentation. e. Assist with matters related to project construction. 7) Claims Management
a. Review any material related to dispute resolution with the contractor's methodologies, policies, and procedures, collaborating with the Town as necessary.
b. Review and manage additional compensation claims submitted during construction.
c. Provide claim administration, including coordinating and monitoring claims response preparation, logging claims, tracking claims status, and preparing documentation for dispute resolution hearings.
8) Record Drawings
a. Confirm on a monthly basis that the contractor maintains up-to-date markedup prints of construction drawings and documents, showing all field changes and as-built conditions. Maintain these drawings and documents in the construction field office.

Task 3: Labor Compliance
1) Perform labor compliance reviews and correspond with the contractor regarding any outstanding issues.
2) Collect and review payrolls and conduct interviews on federal projects. 3) Recommend progress payment deductions based on labor compliance deficiencies. 4) Ensure compliance with DBE, EEO and HUD Section 3 requirements and reporting.

Task 4: Public Outreach
1) Coordinate with the TOWN, Resident Engineer, and other stakeholders to obtain accurate construction information for public outreach efforts. 2) Maintain close contact with the TOWN, Resident Engineer, and TOWN Public Information Officer on all correspondence.
3) Develop public outreach strategies based on input from the TOWN, Resident Engineer, and TOWN Public Information Officer, coordinating with relevant parties as needed.
4) Attend construction contract coordination meetings with the TOWN and Resident Engineer.
5) Prepare web updates and newspaper updates to inform the public about temporary construction impacts.
6) Plan, coordinate, and oversee project groundbreaking and ribbon cutting ceremonies. 114
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Task 5: Traffic Management Coordination
1) Coordinate with the TOWN, Resident Engineer, and Contractor to review the project construction baseline schedule and identify conflicts with staging and traffic management plans.
2) Review traffic management plans and staging plans for potential conflicts with adjacent or nearby projects that are already under construction. 3) Analyze traffic management plan conflicts between projects and recommend revisions to reduce temporary traffic impacts during construction.

Task 6: Environmental Coordination & Monitoring
1) Review mitigation monitoring plans and environmental commitment records, documenting compliance.
2) Perform surveys and tasks as required by the environmental document, monitoring the contractor's biologist and coordinating as necessary. 3) Monitor, track, and log environmental trainings for onsite personnel to ensure compliance with environmental requirements.

Task 7: Storm Water Pollution Prevention Plan (SWPPP) – Construction Activities 1) Provide SWPPP services appropriate for the project's risk level, including data entry and compliance with relevant regulations.
2) Comply with all applicable laws and requirements, including the Clean Water Act, Porter-Cologne, and local permits, performing necessary inspections and follow-ups with the contractor.

Task 8: Material Testing and Quality Assurance
1) Test Planning and Coordination
a. Review project specifications and requirements to determine the scope of material testing needed.
b. Identify the types of materials to be tested, such as concrete, asphalt, soil, steel, etc.
c. Determine the frequency and locations for material sampling and testing. d. Coordinate with the project team, including engineers, contractors, and regulatory agencies, to establish a testing schedule and sampling points. e. Prepare a comprehensive material testing plan outlining the methods, standards, and procedures to be followed.
2) Sample Collection and Preparation
a. Identify appropriate sampling locations based on project specifications and requirements.
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b. Collect representative samples of the materials to be tested, ensuring proper handling and labeling.
c. Prepare samples for testing by following established procedures, including sample splitting, drying, and other necessary treatments. 3) Laboratory Testing
a. Transport samples to the laboratory facility while maintaining proper chain of custody.
b. Conduct a range of material tests based on project requirements, which may include:
i. Compression testing for concrete or masonry
ii. Sieve analysis for aggregates
iii. Atterberg limits testing for soils
iv. Asphalt mix design testing
v. Chemical analysis for contaminants
4) Data Analysis and Reporting
a. Analyze test results to determine the material's compliance with project specifications and quality standards.
b. Identify any deviations from expected material properties or performance. c. Prepare detailed reports summarizing the test results, including pass/fail determinations and any recommended actions.

Task 9: Post Construction Services (Close Out/Claims)
1) Review punch list items of remaining work, resolve outstanding contract change orders, global settlements, dispute resolution, and arbitration meetings. 2) Compile all final material testing reports, documentation, and certifications for inclusion in the project's closeout documentation.
3) Provide project changes to original design documents, records, and drawings. 4) Review and process the final payment.
5) Complete Caltrans closeout forms.
6) Provide a final electronic transmittal of all project documents which will be used for potential future audit from various funding sources. This transmittal shall include all project correspondence and project documents created in the delivery of the Consultant’s services.

Task 10: Other Services as Necessary
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1) Requested Construction Management, Inspection and Materials Testing services may include other related professional and administrative tasks to assist the Town depending on the scope of the proposed project. These services shall be in accordance with applicable law, HUD/HCD requirements, Caltrans Standards, FHWA Standards, FEMA requirements, and the Town’s Standards. 117
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT B COMPENSATION
Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
Compensation for services shall be in accordance with the specified rates of compensation, shown below:

Approved ICRs are fixed for the life of the contract.

INSERT CONSULTANT ICR SCHEDULE

INSERT CONSULTANT COST PROPOSAL
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT C SCHEDULE OF PERFORMANCES
Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
The Provider shall complete all services in accordance with the specific service and completion schedules established with each executed Task Order.
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT D INSURANCE PROVISIONS
Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Consultant shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Consultant, Consultant’s agents, representatives, employees and subconsultants. Before the commencement of work, Consultant shall submit Certificates of Insurance and Endorsements evidencing that consultant has obtained the following forms of coverage:

A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $4,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2) Excess Liability: Consultant shall maintain excess liability coverage of $1,000,000. 3) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.

Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $2,000,000 per accident for bodily injury and property damage.
4) Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Consultant provides written verification, he or she has no employees.)
5) Professional Liability (Errors and Omissions): Insurance appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

TOWN OF PARADISE reserves the right to request additional coverage for specific Task Orders. 120
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If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.

B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) Additional Insured Status: The Town of Paradise, its officers, officials, employees and volunteers as well as the State of California, its officers, agents, and employees and other entities as directed by the Town are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or at the direction of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later edition is used).
2) Primary Coverage: For any claims related to this contract, Consultants insurance coverage shall be primary and non-contributory and at least as broad as ISO Form CG 20 01 04 13 as respects the Town, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the Town, its officers, officials, employees and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. This requirement shall also apply to an Excess or Umbrella liability policies.
3) Umbrella or Excess Policy: The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess policies shall provide all of insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions, indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. 4) Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with at least a 30-day notice to the Town.

C. WAIVER OF SUBROGATION: Consultant hereby grants to Town a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Town by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.

D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the Town. The Town may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention (SIR) may be satisfied by either the named insured or Town. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention or deductible that exceeds $25,000 unless approved in writing by the Town. Any and all deductibles and self-insured retention shall be the sole responsibility of Contractor or subcontractor who procured such insurance 121
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and shall not apply to the Indemnified Additional Insured Parties. The Town may deduct from any amounts otherwise due Contract to fund the SIR/deductible. Policies shall NOT contain any SIR provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.

Entity reserves the right to obtain a copy of any policies and endorsements for verification.

E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.

F. VERIFICATION OF COVERAGE: Consultant shall furnish Town with original certificates of insurance including all required amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause and a copy of the Declarations and Endorsement Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declaration & Endorsements pages are to be received and approved by the Entity before contract execution. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The Town reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

G. SPECIAL RISKS OR CIRCUMSTANCES: Town reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

H. SUBCONSULTANTS: Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the Town is an additional insured on insurance required from subconsultant.

I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:
1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. 4) A copy of the claims reporting requirements must be submitted to the Town for review.

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EXHIBIT E ADDITIONAL FEDERAL PROVISIONS

HUD FUNDED, FEMA FUNDED, AND/OR FHWA FUNDED PROJECTS
Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
Expense Contracts; Regulatory Compliance Requirements
All Town contracting shall comply with 2 CFR, Part 200 and legislation for the regulation of labor, safety and environmental protection, emergency preparedness and advisories, and any other codified criteria including but not limited to the following as relevant to this Agreement:

1. Remedies:

A. Contractor Performance and the Breach Thereof
The Town may terminate this Contract and is relieved of the payment of any consideration to the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. The Contractor shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the Town shall notify the Contractor of the breach and thereby the termination of this Contract. In the event of such termination, the Town may proceed with the work in any manner deemed proper by the Town. The cost to the Town shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be retained by the Town.

B. Termination for Cause and Convenience
In the event the Contractor fails to perform in accordance with the terms of this Contract within the time specified, if any, or a reasonable time after placement of this order, the Town Treasurer may by written notice, cancel this Contract and may hold the Contractor liable for any damage caused the Town by reason of failure to perform in accordance with these conditions.

It is agreed by the parties to this Contract that in case all the work called for under the Contract in all parts and requirements is not finished or completed within the time period as set forth in this Contract, damage will be sustained by the Town of Paradise, and that it is and will be difficult or impossible to ascertain and determine that actual damage which the Town will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the Town the sum of one hundred 123
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dollars ($100) per calendar day for each and every working days’ delay in finishing the work in excess of the time period prescribed; and the Contractor agrees to pay said liquidated damages as herein provided, and in case the same is not paid, agrees that the Town may deduct the amount thereof from any money due or that may become due the Consultant under this Contract or any other Contract between the Town and the Consultant.

2. Compliance with State and Federal Laws and Regulations The Contractors shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and procedures established by the HCD for the administration of the DRInfrastructure programs, as the same may be amended from time to time.

3. CDBG-DR Requirements
Consultant shall be in compliance with CDBG-DR requirements, the 2018 DR-Infrastructure Policies and Procedures.

4. “Anti-Kickback Act of 1986” (41 U.S.C. §§ 51-58)
The “Anti-kickback Act of 1986” provides that the Town and the Consultant shall be prohibited from attempting as well as completing “kickbacks,” which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind. The inclusion of kickback amounts in contract prices is prohibited conduct in itself. This act requires that the purpose of the kickback was for improperly obtaining or rewarding favorable treatment. It is intended to embrace the full range of government contracting.

5. Compliance with the Contract Work Hours and Safety Standards Act 40 U.S.C. 3701– 3708
As applicable, documentation shall be maintained that demonstrates compliance with hour and wage requirements for this section and submitted upon request to the Town.

A. 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.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. 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 mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 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.
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C. Withholding for unpaid wages and liquidated damages. The Town shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or 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, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

D. Safety requirements. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

E. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (5) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section.

6. Davis-Bacon Act (Title 29 CFR, Subtitle A, Parts 1, 3, and 5) The Consultant must abide by the Davis-Bacon Act as amended (40 U.S.C 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contracts must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

In addition, contracts must be required to pay wages not less than once a week.

7. Environmental Compliance
A. The Consultant shall comply with the California Environmental Quality Act (CEQA) requirements as applicable.

B. The Consultant agrees to comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements, specified in said Section 114 and Section 308, and all applicable standards, orders, regulations and guidelines issued thereunder. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

C. The Consultant shall comply with the requirements of the Clean Air Act, 42 U.S.C. 1857, et seq., as amended, and all applicable standards, orders and regulations. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

D. The Consultant shall comply with EPA regulation pursuant to 40 CFR Part 50, as amended.
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E. The Consultant shall comply with HUD regulation pursuant to 24 CFR Part 58.

F. The Consultant shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

G. The Consultant shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. The Consultant shall also comply with Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.

H. The Consultant and the Town agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q), the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387), the Environmental Protection Agency (EPA) regulation pursuant to 40 CFR Part 50 as amended, the HUD regulation pursuant to 24 CFR Part 58, the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the National Historic Preservation Act of 1966 as amended 16 U.S.C. 470, the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set form in 36 CFR Part 800 (Advisory Council on Historic Preservation Procedures for Protection of Historic Properties. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

8. Copeland “Anti-Kickback” Act
The Copeland “Anti-Kickback'' Act (40 U.S.C. 3145) provides that the Town and the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency.
(1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.
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any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

9. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Town or the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the Town or the Contractor must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency.

10. Clean Air Act and the Federal Water Pollution Control Act The Contractor and the Town agree 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 awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Contractor agrees to report each violation to the Town of Paradise and understands and agrees that the Town of Paradise will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to the Town of Paradise and understands and agrees that the Town of Paradise will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

11. Energy Efficiency
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Contractor will comply with all standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

12. Suspension and Debarment
The Town does not employ vendors or contractors or award contracts to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspensions”. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Town. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

See Attachment B.2– Certification Regarding Department, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions

13. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended) Consultants who apply or bid for an award of $100,000 or more shall file the required certification.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See the certification in Attachment B.1.

14. Procurement of Recovered Materials
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In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired-
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.

Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram . The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products.

The Contractor also agrees to comply will all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Consultant shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Consultant shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Consultant determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.

Pursuant to 30 CFR 247.2, this clause shall apply to items purchased under this Agreement where: (1) Consultant purchases in excess of $10,000 of the item under this contract; (2) during the preceding Federal fiscal year, the Consultant: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.

15. Additional HUD Requirements (CDBG-DR):

A. Equal Opportunity Requirements and Responsibilities
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1065 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The obligations undertaken by Subrecipient include, but are not limited to, the obligation to comply with all federal laws and regulations described in Subpart K of 24 CFR Part 570 and 129
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specifically with each of the following, among other things, as the same may be amended from time to time. The consultant, performing work under this contract, shall follow these laws and regulations:

1. Title VI of the Civil Rights Act of 1964: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving federal financial assistance.

2. Title VII of the Civil Rights Act of 1968 (The Fair Housing Act): This act prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin. This law also requires actions which affirmatively promote fair housing.

3. Restoration Act of 1987: This act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability or age in a program or activity which does not directly benefit from such assistance.

4. Section 109 of Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. 5309]: This section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act.

5. The Fair Housing Amendment Act of 1988: This act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand the Justice Department jurisdiction to bring suit on behalf of victims in federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older.

6. The Age Discrimination Act of 1975: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving federal funding assistance.

Effective January 1987, the age cap of 70 was deleted from the laws. Federal law preempts any State law currently in effect on the same topic.

7. Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability in federally assisted programs. This Section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funding assistance.

Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991.
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8. The Americans with Disabilities Act of 1990 (ADA): This act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against “a qualified individual with a disability” in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment.

9. Executive Order 11063: This executive order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government.

10. Executive Order 12259: This executive order provides that the administration of all federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States.

11. The Equal Employment Opportunity Act: This act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in federal court against private sector employers after the EEOC has investigated the charge, found “probable cause” of discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings federal, state, and local governments under the Civil Rights Act of 1964.

12. The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal and referral. It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of federal laws prohibiting discriminatory employment.

13. The Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002): This act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War.

Affirmative action is required in the hiring and promotion of veterans.

14. Executive Order 11246: This executive order applies to all federally assisted construction contracts and subcontracts. It provides that no person shall be discriminated against on the basis of race.

B. Minority Business Enterprises and Women’s Business Enterprises The Consultant must take affirmative steps to assure that minority business enterprises and women’s business enterprises are used when possible. The affirmative steps must include:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

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solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

C. Relocation, Displacement, and Acquisition
The Contractor shall comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations adopted to implement the Act in 24 CFR Part 42, 49 CFR Part 24, and Section 104(d) of the Housing and Community Development Act of 1974 as they are applicable.

D. Consultant Agreements:

A. Consultant shall:

1. Perform the Approved Project activities in accordance with federal, state, and local regulations, as are applicable.

2. Provide security to assure completion of the Approved Project(s) by furnishing the borrower and construction lenders with proof of sufficient insurance and performance and payment bonds, or other security approved in advance in writing by the HUD/HCD, as determined by the particulars of each individual Project will be required.

3. Compliance with all State and federal requirements described in this Agreement including without limitation those that pertain to labor standards, nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug Free Workplace, and prevailing wages. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code.

4. Maintenance of at least the minimum State required Workers’ Compensation Insurance for those employees who will perform the Approved Project activities.

5. Maintenance, as required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the Approved Project activities.

6. Compliance with the applicable Equal Opportunity Requirements described in Exhibit E, Section 12 of this Agreement.

B. Consultants and Subconsultants shall follow the Drug-Free Workplace Act of 1988, which include the items below:

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controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policy.

2. Establish a drug-free awareness program to make employees aware of a) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug-free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug abuse violations.

3. Notify employees that as a condition of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within 5 calendar days, if he or she is convicted of a criminal drug violation in the workplace.

4. Notify the contracting or granting agency within 10 days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplace.

5. Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction.

6. Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.

E. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts Rev. 3/03)

1. This contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner.

2. The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds.

3. The Town has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds.

F. Energy Policy and Conservation Act
This Agreement is subject to mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the federal Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

G. Construction Standards
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) The Architectural Barriers Act (ABA) stands as the first measure by Congress to ensure access to the built environment for people with disabilities. The law requires that buildings or facilities that were designed, built, or altered with federal dollars or leased by federal agencies after August 12, 1968, be accessible.
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California Green Buildings Standards Code (CALGreen) (Title 24, Part 11 of the California Code of Regulations)
All new construction of residential buildings or reconstruction of substantially damaged buildings must incorporate California Green Buildings Standards Code (CALGreen).

Sustainability Requirements
All rehabilitation, reconstruction, and new construction must be designed to incorporate principles of sustainability, including water and energy efficiency, resilience, and mitigating the impact of future disasters. Wherever feasible, the Subrecipient, Subrecipient’s and Contractors must follow best practices, such as those provided by the U.S. Department of Energy.

National Floodplain Elevation Standards
Subrecipients and Contractors must comply with the national floodplain elevation standards for new construction, repair of substantially damaged structures, or substantial improvements to public facilities in flood hazard areas. All structures designed for public facilities use within a special flood hazard area (SFHA), or one percent annual chance, floodplain will be elevated with the lowest floor at least two feet above the base flood elevation level and comply with the requirements of 83 FR 5850 and 83 FR 5861.

Wildland-Urban Interface Building Codes (WUI Codes)
All Approved Projects under this program that are located in a CAL FIRE high fire zone must comply with applicable WUI codes, found in Title 24, Chapter 7a of the California Building Code, which offer specific material, design and construction standards to maximize ignition resistance.

16. Federal labor Standards Provisions
Davis-Bacon Act (40 U.S.C. §§ 31413148), which requires that workers receive no less than the prevailing wages being paid for similar work in their locality. Prevailing wages are computed by the Federal Department of Labor and are issued in the form of federal wage decisions for each classification of work. The law applies to most construction, alteration, or repair contracts over $2,000.
"Anti-Kickback Act of 1986" (41 U.S.C. §§ 51-58), which prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind. The act also provides that the inclusion of kickback amounts in contract prices is prohibited conduct in itself. This act requires that the purpose of the kickback was for improperly obtaining or rewarding favorable treatment. It is intended to embrace the full range of government contracting.

Contract Work Hours and Safety Standards Act - CWHSSA (40 U.S.C. § 3702), which requires that workers receive "overtime" compensation at a rate of one and one-half (1-1/2) times their regular hourly wage after they have worked forty (40) hours in one week. 134
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Title 29, Code of Federal Regulations CFR, Subtitle A, Parts 1, 3 and 5, which are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the Davis-Bacon Act, as amended.

The Consultant shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Town for review upon request. Consultant shall be responsible for monitoring all subcontractors, as applicable, for compliance with these provisions.

17. State Prevailing Wages
A. The Subrecipient shall ensure that the requirements of California Labor Code (LC), Chapter 1, commencing with Section 1720, Part 7 [LC Section 1720-1743] pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations are met.

B. For the purposes of this requirement "construction work" includes, but is not limited to rehabilitation, alteration, demolition, installation, or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "Construction Contract"). Where the Construction Contract will be between the Subrecipient and a licensed building contractor, the Subrecipient shall serve as the "awarding body" as that term is defined in the LC. Where the Subrecipient will provide funds to a third party that will enter into the Construction Contract with a licensed building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to release of any final retention payment, HCD may require a certification from the awarding body that prevailing wages have been or will be paid.

C. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in LC Section 1770-1784 or the Davis-Bacon Wage Determination.

18. Agreements with Contractors
A. The Subrecipient shall not enter into any agreement, written or oral, with any Contractor or other party without the prior determination that the Contractor or other party is eligible to receive federal funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors or similar Federal or state listing of debarred or ineligible parties.

The terms “other party” is defined as public or private nonprofit agencies or organizations and certain (limited) private for-profit entities who receive Grant Funds from a Subrecipient to undertake Approved Projects.

B. An agreement between the Subrecipient and any Contractor or other party shall require:

1. Compliance with all State and federal requirements described in this Agreement including without limitation those that pertain to labor standards, nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug Free Workplace, and prevailing wages. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code.

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Insurance for those employees who will perform the Approved Project activities.

3. Maintenance, as required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the Approved Project activities.

4. Compliance with the applicable Equal Opportunity Requirements described in Exhibit D, Section 10 of this Agreement.

C. Contractors shall:

1. The Approved Project activities in accordance with federal, state, and local regulations, as are applicable.

2. Provide security to assure completion of the Approved Project(s) by furnishing the borrower and construction lenders with proof of sufficient insurance and performance and payment bonds, or other security approved in advance in writing by HCD, as determined by the particulars of each individual Project will be required.

D. Contractors and Subcontractors: Drug-Free Workplace Act of 1988

1. Publish and give a policy statement to all covered employees informing them that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policy.

2. Establish a drug-free awareness program to make employees aware of a) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug-free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug abuse violations.

3. Notify employees that as a condition of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within 5 calendar days, if he or she is convicted of a criminal drug violation in the workplace.

4. Notify the contracting or granting agency within 10 days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplace.

5. Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction.

6. Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.

19. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention A. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling explosives and comply with all insurance requirements. The Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced, and the material shall be covered with 136
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suitable timber, steel or rope mats.

The Contractor shall notify all owners of public utility property of intention to use explosives at least 8 hours before blasting is done close to such property. Any supervision or direction of use of explosives by the engineer does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use.

B. Danger Signals and Safety Devices: The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. The Contractor shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public.

C. Protection of Lives and Health: The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the worksite, which occur as a result of prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as reasonably necessary.

20. Additional FEMA Requirements
A. Changes
Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with Town Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.

B. Access to Records
The following access to records requirements shall apply to this Contract:

1. The Contractor agrees to provide Cal OES, the Town, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the Contract.

4. In compliance with the Disaster Recovery Act of 2018, the Town of Paradise and the Contractor acknowledge and agree that no language in this contract is intended to 137
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prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

C. Department of Homeland Security (DHS) Seal, Logo and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.

D. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

E. No Obligation by Federal Government.

The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.

F. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract. 138
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INSERT CONSULTANT 10-02 DBE COMMITMENT
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INSERT CONSULTANT INSURANCE COL
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TOWN OF PARADISE

REQUEST FOR QUALIFICATIONS
FOR

ON-CALL CONSTRUCTION MANAGEMENT, INSPECTION AND

MATERIALS TESTING SERVICES
TOWN OF PARADISE PROJECT NUMBER: VARIES
FEDERAL AID PROJECT NUMBER: VARIES

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 SKYWAY
PARADISE, CA 95969
NO. RFQ 2024-001
PUBLISH DATE:

SEPTEMBER 3, 2024
SUBMISSION DATE:

NO LATER THAN 4:00 PM OCTOBER 3, 2024
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Page I of IV

TABLE OF CONTENTS
Request for Qualifications ..................................................................................................... 1 A. Instructions to Proposers............................................................................................................ 1 A-1. Introduction ................................................................................................................................................................................. 1 A-2. Point of Contact .......................................................................................................................................................................... 2 A-3. Minimum Qualifications ......................................................................................................................................................... 2 A-4. Submittal Instructions ............................................................................................................................................................ 3 A-5. Bid Protest/Dispute ................................................................................................................................................................. 4 A-6. Public Records ............................................................................................................................................................................ 4 A-7. California Prevailing Wage Requirements ..................................................................................................................... 5 A-8. Pre-award Audit ........................................................................................................................................................................ 5 A-9. Disadvantaged Business Enterprise (DBE) Program ................................................................................................ 6 A-10. Minority-Owned Business Enterprise (MBE)/Women-Owned Business Enterprise (WBE) .................. 6 A-11. Disclosure of Lobbying Activities ....................................................................................................................................... 6 A-12. Disbarment .................................................................................................................................................................................. 6 A-13. Task Order Procedure ............................................................................................................................................................. 7 B. Scope of Service............................................................................................................................... 7 B-1. Potential Projects .................................................................................................................................................................... 12 C. SOQ Format Requirements........................................................................................................13 C-1. Title Page .................................................................................................................................................................................... 13 C-2. Cover Letter ............................................................................................................................................................................... 13 C-3. Table of Contents ..................................................................................................................................................................... 14 C-4. Executive Summary ................................................................................................................................................................ 14 C-5. Scope of Service ....................................................................................................................................................................... 15 C-6. Methodology Overview and Approach .......................................................................................................................... 15 C-7. Staffing Plan and Organizational Chart ......................................................................................................................... 15 C-8. References .................................................................................................................................................................................. 15 C-9. Required Forms ....................................................................................................................................................................... 15 D. Cost Proposal..................................................................................................................................16 E. Consultant Selection Process....................................................................................................16 F. Evaluation Criteria.......................................................................................................................17 G. Selection Procedures...................................................................................................................18 ATTACHMENTS ......................................................................................................................A-1 143
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A.SAMPLE STANDARD CONTRACT..........................................................................................A-1 ARTICLE I INTRODUCTION .........................................................................................................................................................A-1 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ....................................................................................................A-3 ARTICLE III STATEMENT OF WORK .......................................................................................................................................A-4 ARTICLE IV PERFORMANCE PERIOD .....................................................................................................................................A-4 ARTICLE V ALLOWABLE COSTS AND PAYMENTS............................................................................................................A-4 ARTICLE VI TERMINATION.........................................................................................................................................................A-6 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ..........................................................A-6 ARTICLE VIII RETENTION OF RECORD/AUDITS...............................................................................................................A-7 ARTICLE IX AUDIT REVIEW PROCEDURES..........................................................................................................................A-7 ARTICLE X SUBCONTRACTING..................................................................................................................................................A-9 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES.................................................A-10 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................................................A-11 ARTICLE XIII CONFLICT OF INTEREST...............................................................................................................................A-15 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ............................................A-16

ARTICLE XV PROHIBITION OF EXPENDING TOWN OF PARADISE, STATE, OR FEDERAL FUNDS FOR LOBBYING ...................................................................................................................................................................................A-16 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE....................................A-17 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ..........................................................................A-18 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION...................................A-18 ARTICLE XIX INSURANCE .........................................................................................................................................................A-26 ARTICLE XX FUNDING REQUIREMENTS............................................................................................................................A-26 ARTICLE XXI CHANGE IN TERMS ..........................................................................................................................................A-26 ARTICLE XXII CONTINGENT FEE...........................................................................................................................................A-27 ARTICLE XXIII DISPUTES ..........................................................................................................................................................A-27 ARTICLE XXIV INSPECTION OF WORK ...............................................................................................................................A-27 ARTICLE XXV SAFETY.................................................................................................................................................................A-28 ARTICLE XXVI OWNERSHIP OF DATA.................................................................................................................................A-28 ARTICLE XXVII CLAIMS FILED BY TOWN OF PARADISE’S CONSTRUCTION CONTRACTOR......................A-29 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................................................A-29 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION...........................................................A-30 ARTICLE XXX EVALUATION OF CONSULTANT ...............................................................................................................A-30 ARTICLE XXXI PROMPT PAYMENT.......................................................................................................................................A-30 ARTICLE XXXII TITLE VI ASSURANCES...............................................................................................................................A-31 ARTICLE XXXIII NOTIFICATION.............................................................................................................................................A-36 ARTICLE XXXIV CONTRACT .....................................................................................................................................................A-36 ARTICLE XXXV SIGNATURES...................................................................................................................................................A-37 144
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EXHIBIT A SCOPE OF SERVICES .....................................................................................................................................A-38 EXHIBIT B COMPENSATION.............................................................................................................................................A-39 EXHIBIT C SCHEDULE OF PERFORMANCES.............................................................................................................A-40 EXHIBIT D INSURANCE PROVISIONS ...........................................................................................................................A-41 EXHIBIT E ADDITIONAL FEDERAL PROVISIONS ...................................................................................................A-44 B.REQUIRED LAPM FORMS ............................................................................................................ 1 B.1 Caltrans Sample Cost Proposal – Contracts with Specific Rates of Compensation ......................................... 1 B.2 Caltrans Sample Cost Proposal: Sample Cost Proposal for Contracts with Prevailing Wages................... 2 B.3 Certification of Indirect Costs and Financial Management System ................................................................... 3 B.4 Byrd Anti-Lobbying Amendment Compliance and Certification ........................................................................... 4 B.5 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions.........................................................................................................................................................................5 B.6 LAPM Exhibit 10-I: Notice to Proposers DBE Information........................................................................................ 6 B.7 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment ................................................................................ 8 B.8 LAPM Exhibit 10-O2: Consultant Contract DBE Commitment...............................................................................10 B.9 LAPM Exhibit 15-H: DBE Information – Good Faith Efforts....................................................................................12 B.10 LAPM Exhibit 10-Q: Disclosure of Lobbying Activities...........................................................................................15 B.11 Consultant/Contractor MBE/WBE Good Faith Efforts ...........................................................................................17 C. MINI-RFP TEMPLATE............................................................................................................... C-1 D.QUALITY ASSURANCE PROGRAM.........................................................................................D-1 145
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Abbreviations
Abbreviation Meaning
A&E Architectural and Engineering
AASHTO American Association of State Highway and Transportation Officials ADA Americans with Disabilities Act
ASTM American Society of Testing and Materials Design
CALTRANS California Department of Transportation
CDBG-DR Community Development Block Grant – Disaster Recovery Program CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CIP Capital Improvement Program
CWA Clean Water Act
DBE Disadvantaged Business Enterprise
DIR Department of Industrial Relations
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
GFE Good Faith Effort
HCD California Department of Housing and Community Development HUD U.S. Department of Housing and Urban Development
LAPM Local Assistance Procedures Manual
MBE/WBE Minority-Owned Business Enterprises/Women-Owned Business Enterprises NEPA National Environmental Policy Act
PAED Project Approval and Environmental Documentation
PS&E Plans, Specifications, and Estimates
RFQ Request for Qualifications
SOQ Statement of Qualifications
Definitions and Terms
Consultant-You: Person or business or its legal representative entering into a contract with the Town of Paradise for performance of work.

Disadvantaged Business Enterprise: Disadvantaged Business Enterprise as Defined in 49 CFR 26.5 Minority-Owned Business Enterprises: Minority-owned businesses as defined in 13 CFR Part 124.

Town: Town of Paradise, a municipal corporation.

Women-Owned Business Enterprises: Women-owned businesses as defined in 13 CFR Part 127. 146
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REQUEST FOR QUALIFICATIONS
A. INSTRUCTIONS TO PROPOSERS
A-1. INTRODUCTION
The Town of Paradise (Town or Local Agency) requests qualifications from experienced consultants (Proposer) to provide as-needed Construction Management, Inspection and Materials Testing services.

Background:

The Town of Paradise Public Works is seeking the services of up to three (3) qualified Construction Management, Inspection and Materials Testing firms to assist with various project needs under an On-Call Professional Services Agreement. The total amount authorized amongst the contract awarded from this solicitation will not exceed $23,410,995. There is no guarantee, either expressed or implied that the not to exceed amount will be authorized under these contracts through Task Orders under this contract. The contract term is for three years, with the potential for two one-year extensions at the Town’s discretion.

The resulting On-Call Professional Services Agreement from this solicitation is for a variety of local, state, and federally-funded transportation projects. Typical projects requiring Construction Management, Inspection and Materials Testing services may include new construction or maintenance and improvements of existing public infrastructure, including but not limited to: roadways, bridges, bikeways, parks, and storm water facilities. As Capital Improvement Program (CIP) projects become available for construction, project specific task orders will be issued.

Funding:

In 2022, the Town of Paradise was awarded grants of $199.5 million from the U.S. Department of Housing and Urban Development’s Community Development Block Grant – Disaster Recovery (CDBG-DR) program funding [administered through California’s Housing and Community Development Department (HCD)] as well as approximately $41 million from the California Transportation Commission’s 2023 Active Transportation Program (ATP). The Town of Paradise also received grants of approximately $29.4 million from the Federal Emergency Management Agency’s Public Assistance Program (FEMA PA) and approximately $44.7 million from the Federal Highway Administration’s Emergency Relief Program (FHWA ER). Depending on the project, the funding may include federal, state, or local funding. The program funding may be from, but is not limited to, FHWA ER, CDBG-DR , ATP , and Federal Emergency Management Agency (FEMA) funding. For reference, the Town of Paradise’s CDBG-DR Infrastructure Action Plan Amendment 1 can be found at:
https://www.townofparadise.com/pwe/page/cdbg-dr-program Schedule:

The Town of Paradise plans to move forward with task orders for several projects concurrently. In order to accomplish this, Proposers would need to have several project managers available to successfully complete task orders within funding time frames, and have project managers available to supplement the Town's needs for project related scope (staff augmentation).

Project Location:
147
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Tentative Selection Schedule:

The following represents a tentative selection schedule for this consultant procurement process. Any change in the scheduled dates for final questions or Statement of Qualifications (SOQ) submission date will be advertised in the form of an addendum to this RFQ. The schedule for the evaluation process and other future dates may be adjusted without notice.

Advertise RFQ.........................................................................................................September 3, 2024 Deadline for Final Questions........................................ (no later than) 4:00 PM, September 25, 2024 SOQ Submission Date..........................................................(no later than) 4:00 PM, October 3, 2024 SOQ Evaluation & Short List Identification...................................................Week of October 7, 2024 Short List Interviews (if conducted) ........................................................ Week of November 4, 2024 Identify Top Ranked Proposer ....................................................................................November 2024 Negotiations and Contract Development ...................................................................November 2024 Caltrans Pre-Award Audit............................................................................................December 2024 Contract Approval and Execution.................................................................................. February 2025 A-2. POINT OF CONTACT
All inquiries regarding this RFQ must be submitted through Public Purchase:
www.publicpurchase.com
RFQ NO. 2024-001
Do not contact Town departments or other Town staff directly. Information provided by other than the above contact may be invalid, and SOQs which are submitted in accordance with such information may be declared non-responsive.

In the event that it becomes necessary to revise any part of this RFQ, addenda will be issued. All addenda for this RFQ will be distributed via the publicpurchase.com website:
https://www.townofparadise.com/pwe/page/current-bid-notices-contractorsconsultants It is the proposer’s sole responsibility to monitor this website for possible addenda to this RFQ. Failure of Proposer to retrieve addenda from this site shall not relieve the Proposer of the requirements contained therein. Additionally, failure of the Proposer to return a signed addendum, when required, may be cause for rejection of his/her SOQ.

A-3. MINIMUM QUALIFICATIONS
The following minimum qualifications are required:

General
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1. The Proposer must be familiar with Caltrans Local Assistance Program (LAPM) and have relevant experience delivering both federally and locally funded projects for local agencies.

2. Key discipline leads have appropriate professional licenses commensurate with their proposed role on the project.

3. The Proposer’s project manager is available and committed to the contract.

Construction Management and Inspection

1. The Proposer has been in business for a minimum of ten (10) years performing similar professional services in the State of California.

2. Consultants must be currently engaged in the business of the Construction Management and Inspection services involving public improvement projects.

Materials Testing

1. The Proposer has been in business for a minimum of five (5) years performing similar professional services in the State of California.

2. Consultants must be currently engaged in the business of the Materials Testing involving public improvement projects.

3. The firm must have personnel certified by Caltrans to perform material testing on federal and statefunded projects and an available soils laboratory also certified by the State of California.

4. The materials laboratory shall have certified testing equipment in good working order capable of performing the tests in conformance to the provisions of the QAP. The Town’s Quality Assurance Program is included in this RFQ as Attachment D for reference.

A-4. SUBMITTAL INSTRUCTIONS

1. Your submittal package, due no later than 4:00 PM on October 3, 2024, shall include the following:
• One (1) original copy of your SOQ; and
• One (1) electronic copy of your SOQ in PDF format on a flash drive; and

2. All submittals shall be submitted in a sealed envelope or container and clearly marked with the RFQ number and title on the outside of the parcel.

3. SOQs must be submitted ONLY to:

Town of Paradise
Public Works|Engineering Department
Attn: Jessica Erdahl, Supervising Project Manager
5555 Skyway
Paradise, CA 95969

4. Faxed and/or emailed SOQs shall not be accepted.

5. The Town shall not be responsible for SOQs delivered to a person or location other than that specified herein.

6. Late submittals shall not be accepted or considered.

7. The Town reserves the right to waive minor defects and/or irregularities in SOQs and shall be the sole judge of the materiality of any such defect or irregularity. 149
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8. All costs associated with SOQ preparation shall be borne by the proposer.

9. At the completion of successful cost negotiations with the top-ranked consultant, all remaining sealed envelopes containing cost proposals will be returned to consultants.

10. All SOQs shall remain firm for one-hundred-twenty (120) consecutive calendar days following the closing date for the receipt of SOQs.

11. The Proposer shall carefully review all the requirements of this RFQ and the sample standard agreement, as no modifications will be allowed. If the Proposer has any exceptions, they shall be identified in the cover letter in the SOQ.

A-5. BID PROTEST/DISPUTE
Consultants that submitted a SOQ but were unsuccessful in the attempt to obtain a contract may request, in writing, a debriefing from the Town of Paradise, Project Manager assigned to the project. The debriefing shall consist of the tabulated scores of the Consultant’s evaluations by the selection committee and responses to any written questions the Consultant may have. Firms that have received a debriefing, but continue to feel aggrieved in connection with the solicitation or award of a contract may submit a protest to:

Town of Paradise
Public Works|Engineering Department
Attn: Marc Mattox, Public Works Director
5555 Skyway
Paradise, CA 95969
All protests must be made in writing, signed by an individual authorized to sign the submitted SOQ and must contain a statement of the reason(s) for the protest citing the law, rule, regulation or procedure on which the protest is based. Potential Firm capabilities, SOQ characteristics and / or pricing features that were not included in the Firm’s SOQ shall not be introduced during the protest process. To be considered, the protest must be submitted within five (5) working days from the date provided on the Results Notification letter, issued by the Department. Decision(s) regarding protests will be made by the Public Works Director, in a timely manner following receipt of the bidder’s written protest, and after consultation with the Town Manager, and the Town Attorney (if appropriate). Their decision will be final. The protesting bidder and any other affected bidder(s) will be notified in writing.

A-6. PUBLIC RECORDS
SOQs submitted in response to this RFQ, and the documents constituting any agreement entered into thereafter become the exclusive property of the Town of Paradise and shall be subject to the California Public Records Act (Government Code Section 7920.000 et seq.). The Town of Paradise’s use and disclosure of its records are governed by this Act.

Those elements in each SOQ which proposer considers to be trade secrets, as that term is defined in Civil Code Section 3426.1(d), or otherwise exempt by law from disclosure, should be prominently marked as “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY” by proposer. The Town of Paradise will use its best efforts to inform proposer of any request for disclosure of any such document. The Town of Paradise, shall not in any way, be liable or responsible for the disclosure of any such records including, without limitation; those so marked if disclosure is deemed to be required by law or by an order of the Court. 150
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To ensure confidentiality, Proposers are instructed to enclose all “Confidential, “Proprietary,” or “Trade Secret” data in separate sealed envelopes, which are then included with the SOQ documents. Because the SOQ documents are available for review by any person after award of a contract resulting from an RFQ, the Town of Paradise shall not in any way be held responsible for disclosure of any “Confidential,” Proprietary,” or “Trade Secret” documents that are not contained in envelopes and prominently marked.

A-7. CALIFORNIA PREVAILING WAGE REQUIREMENTS
The projects for which services may be performed described herein are considered “public works” as defined by California Labor Code Section 1720 et seq. Depending on the scope of service, prevailing wage rates may apply if work to be performed by the consultant and/or subconsultant(s) will involve on-site work such as land surveying (flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials, and so forth.

Any Consultant awarded a contract as the result of this RFQ shall be responsible for compliance with all applicable prevailing wage laws, as well as any and all applicable state or federal wage laws, for services under the Consultant’s contract. The Town has advised Proposers as to the applicability of such requirements and is not responsible for monitoring the Consultant’s compliance. Consultant will be r93equired to indemnify, defend and hold harmless the Town, its officers, agents, and employees from and against Consultant’s failure to comply with such requirements.

California State Prevailing Wage information is available through the California Department of Industrial Relations (DIR) websites below.
• Prevailing Wage FAQ website: www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html • Prevailing Wage Determination website: www.dir.ca.gov/oprl/DPreWageDetermination.htm A-8. PRE-AWARD AUDIT
Consultant contracts will not be awarded to a proposer without an adequate financial management and accounting systems as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31.

Once the top-ranked proposers have been identified, the accuracy of their proposed costs and adequacy of their financial management systems must be certified. Refer to the Attachment entitled “Certification of Indirect Costs and Financial Management System” which must be submitted with this SOQ. The Town will in turn forward a copy to Caltrans Audit and Investigations Division prior to contract execution. Caltrans will conduct a pre-award audit which is estimated to take 30 days to complete. 151
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The DBE Goal established for this contract is: 22%
For the projects/tasks that are funded whole or in-part with federal funds from the U.S. Department of Transportation, you are required to comply with the Town's DBE Program in accordance with Title 49, Part 26 of the Code of Federal Regulations (CFR).

Detailed DBE compliance is outlined in the Attachment entitled “LAPM Exhibit 10-I Notice to Proposers DBE Information.”
Refer to the instructions in Attachment “LAPM Exhibit 10-01: Consultant Proposal DBE Commitment” and Attachment entitled “LAPM Exhibit 10-O2: Consultant Contract DBE Commitment” for information when completing the required forms. Even if no DBE participation will be reported, Proposers must execute and return Exhibit 10-O1 in accordance with this RFQ.

Exhibit 10-O2 shall only be submitted by the successful Proposers at the time of contract award.

Proposers must take all necessary steps to ensure that DBEs have the opportunity to participate in the contract. If you have not met the DBE goal, a good faith effort must be documented and submitted in accordance with this RFQ using Exhibit 15-H “DBE Information-Good Faith Efforts. Refer to the Attachment entitled “LAPM Exhibit 15-H: DBE Information- Good Faith Efforts” for further details on DBE Program compliance. Bidders should submit Exhibit 15-H even if the “Consultant Contract DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

A-10. MINORITY-OWNED BUSINESS ENTERPRISE (MBE)/WOMEN-OWNED BUSINESS ENTERPRISE (WBE) Proposers must take all necessary steps to ensure that MBE/WBE have the opportunity to participate in the contract. Proposers should identify if their firm and/or if subconsultants are an MBE or a WBE in their SOQ.

A good faith effort must be documented and submitted using the MBE/WBE - Good Faith Efforts form.

Failure to meet this requirement is grounds for disqualification.

A-11. DISCLOSURE OF LOBBYING ACTIVITIES
Disclosure of lobbying activities is required for federally funded projects. Refer to the Attachment entitled “Byrd Anti-Lobbying Amendment Compliance and Certification” and submit the form with the SOQ.

A-12. DISBARMENT
To the extent required by law, by submitting a proposal, the Proposer certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision of the State of California or the Federal government, and that it is not a person or entity that is currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of California or the Federal government. The Proposer must not be on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors or similar Federal or state listing of debarred or ineligible parties.

Proposers are required to submit the Attachment entitled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions.” 152
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Individual Task Orders will be issued using procedures outlined in TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES. This procurement is a two-step RFQ/RFP and task orders will be issued using a “mini-RFP” qualification-based selection process. See Attachment C for mini-RFP template.

B. SCOPE OF SERVICE
The Town of Paradise Public Works is seeking the services of up to three (3) qualified Construction Management, Inspection and Materials Testing firms to assist with various project needs under an On-Call Professional Services Agreement. The services which could be requested with this contract are broad within this profession and include the following:

Task 1: Preconstruction Services
1) Conduct a thorough review of plans and specifications to identify potential conflicts, constructability issues, value-engineering opportunities, and ensure consistency among plans, specifications, and estimates.
2) Perform a preconstruction quality assurance review of the 100% PS&E package, providing written comments in the form of a summary memorandum and "red line" markups of plans and specifications.
3) Review final contract plans, specifications, permits, agreements, easements, environmental documents, and technical reports and studies.
4) Develop a project schedule, encompassing preconstruction and construction utility relocations, and adhere to notification timelines specified in permits, agreements, and contract documents.

Update the schedule upon receipt of the CONTRACTOR’s schedule. 5) Analyze Project Traffic Management Plans during pre-construction reviews, review project staging plans, and propose revisions as necessary. Review permits, agreements, and environmental commitments.
6) Review the project schedule, incorporating all preconstruction and utility relocations by others, and notification timelines noted in permits, agreements, and contract documents. Evaluate and collaborate with the TOWN Project Manager to enhance the schedule upon receipt of the CONTRACTOR’s schedule.
7) Attend Project Development Team meetings during the design phase to discuss design features and review contract administration procedures.
8) Schedule, coordinate, and host a preconstruction meeting with the CONTRACTOR and Town after the award of the construction contract.

Task 2: Construction Management Services During Construction 1) Provide all necessary services to manage construction projects in accordance with Caltrans Local Assistance Procedures Manual Chapter 16: Administer Construction Contracts. 2) Project Coordination and Correspondence
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 8 of 18 a. Coordinate and assist CONTRACTORs, surveyors, material testers, the design engineer, other agencies, utility companies, and relevant parties as needed. b. Maintain close contact with the town, provide an on-site Resident Engineer, and keep the Design Engineering firm informed of all pertinent correspondence. c. Review all Town and CONTRACTOR correspondence as necessary and collaborate with applicable parties to develop responses.
d. Schedule, coordinate, and attend weekly construction contract coordination meetings with the CONTRACTOR.
e. Monitor project safety, the company’s Injury Illness Prevention Plan (IIPP), Cal/OSHA regulations, and requirements, documenting and notifying the contractor of potential violations.
f. Perform labor compliance reviews and correspond with the CONTRACTOR regarding any outstanding issues.
g. Track DBE and Section 3 utilization and compliance.
h. Maintain virtual project files, accessible to the Town at all times, in compliance with the Caltrans Construction Manual
2) Schedule Management, Progress Meetings, and Reports
a. Review the planned schedule for conformance with specifications and assess the reasonableness of the sequence and duration of activities. b. Monitor work progress against the planned schedule, reporting any schedule slippage to the town’s project manager and providing time impact analysis. Update the construction schedule to reflect actual progress, weather delays, and change order impacts. c. Prepare weekly statements of working days and provide them to the contractor in a Caltrans format.
d. Prepare and submit a monthly progress report to the Town detailing key issues, cost status, and schedule status.
3) Payment Recommendations
a. Review CONTRACTOR’s initial schedule of values for reasonableness and ease of monitoring.
b. Review quantities submitted with monthly progress payment requests and analyze discrepancies.
c. Prepare monthly progress payment recommendations by measuring bid items, checking percent complete in the field, and assisting with contractor meetings to resolve differences. d. Submit monthly progress payment spreadsheets to the Town for payment processing, including backup calculations in Caltrans format.
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 9 of 18 4) Requests for Information (RFI) and Material Submittals a. Review and monitor all Requests for Information (RFI) from CONTRACTOR. b. Review, respond to, and track responses to RFI related to construction issues. c. Provide design-related RFI to the Design Engineering firm for technical discussions and concurrence on potential changes or design impacts. Process responses to CONTRACTOR promptly.
d. Lead meetings with the Town, CONTRACTOR, and other parties to discuss and resolve outstanding RFIs.
e. Collect, log, review, distribute, track, and respond to all material submittals submitted by the CONTRACTOR.
5) Contract Change Orders (CCOs)
a. Issue written work change directives for contract changes and extra work. b. Review all change orders related to construction issues based on drawings, specifications, and other design information from the Design Engineering firm. c. Perform change order analysis, including reviewing proposed change orders, quotations from CONTRACTOR, negotiated change order costs, time extensions, and processing final negotiated change orders. Prepare CCOs and recommendations for Town review and approval.
d. Recommend and monitor appropriate levels of budget contingency required during all phases of the project.
6) Construction Observation/Inspection Services
a. Provide day-to-day on-the-job observation/inspection of all construction work, ensuring contract compliance and documenting construction activities. b. Prepare daily inspection reports, take progress photographs, review CONTRACTOR record drawing markups, and coordinate final inspection with the Town. c. Provide photo documentation of pre-, during and post-construction activities. d. Perform ADA facility inspections and complete certification documentation. e. Assist with matters related to project construction. 7) Claims Management
a. Review any material related to dispute resolution with the contractor's methodologies, policies, and procedures, collaborating with the Town as necessary. b. Review and manage additional compensation claims submitted during construction. 155
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 10 of 18 c. Provide claim administration, including coordinating and monitoring claims response preparation, logging claims, tracking claims status, and preparing documentation for dispute resolution hearings.
8) Record Drawings
a. Confirm on a monthly basis that the contractor maintains up-to-date marked-up prints of construction drawings and documents, showing all field changes and as-built conditions.

Maintain these drawings and documents in the construction field office.

Task 3: Labor Compliance
1) Perform labor compliance reviews and correspond with the contractor regarding any outstanding issues.
2) Collect and review payrolls and conduct interviews on federal projects. 3) Recommend progress payment deductions based on labor compliance deficiencies. 4) Ensure compliance with DBE and HUD Section 3 requirements and reporting.

Task 4: Public Outreach
1) Coordinate with the TOWN, Resident Engineer, and other stakeholders to obtain accurate construction information for public outreach efforts.
2) Maintain close contact with the TOWN, Resident Engineer, and TOWN Public Information Officer on all correspondence.
3) Develop public outreach strategies based on input from the TOWN, Resident Engineer, and TOWN Public Information Officer, coordinating with relevant parties as needed. 4) Attend construction contract coordination meetings with the TOWN and Resident Engineer. 5) Prepare web updates and newspaper updates to inform the public about temporary construction impacts.
6) Plan, coordinate, and oversee project groundbreaking and ribbon cutting ceremonies.

Task 5: Traffic Management Coordination
1) Coordinate with the TOWN, Resident Engineer, and Contractor to review the project construction baseline schedule and identify conflicts with staging and traffic management plans. 2) Review traffic management plans and staging plans for potential conflicts with adjacent or nearby projects that are already under construction.
3) Analyze traffic management plan conflicts between projects and recommend revisions to reduce temporary traffic impacts during construction.

Task 6: Environmental Coordination & Monitoring
1) Review mitigation monitoring plans and environmental commitment records, documenting compliance.
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 11 of 18 2) Perform surveys and tasks as required by the environmental document, monitoring the contractor's biologist and coordinating as necessary.
3) Monitor, track, and log environmental trainings for onsite personnel to ensure compliance with environmental requirements.

Task 7: Storm Water Pollution Prevention Plan (SWPPP) – Construction Activities 1) Provide SWPPP services appropriate for the project's risk level, including data entry and compliance with relevant regulations.
2) Comply with all applicable laws and requirements, including the Clean Water Act, PorterCologne, and local permits, performing necessary inspections and follow-ups with the contractor.

Task 8: Material Testing and Quality Assurance
1) Test Planning and Coordination
a. Review project specifications and requirements to determine the scope of material testing needed.
b. Identify the types of materials to be tested, such as concrete, asphalt, soil, steel, etc. c. Determine the frequency and locations for material sampling and testing. d. Coordinate with the project team, including engineers, contractors, and regulatory agencies, to establish a testing schedule and sampling points. e. Prepare a comprehensive material testing plan outlining the methods, standards, and procedures to be followed.
2) Sample Collection and Preparation
a. Identify appropriate sampling locations based on project specifications and requirements.
b. Collect representative samples of the materials to be tested, ensuring proper handling and labeling.
c. Prepare samples for testing by following established procedures, including sample splitting, drying, and other necessary treatments.
3) Laboratory Testing
a. Transport samples to the laboratory facility while maintaining proper chain of custody. b. Conduct a range of material tests based on project requirements, which may include:
i. Compression testing for concrete or masonry
ii. Sieve analysis for aggregates
iii. Atterberg limits testing for soils
iv. Asphalt mix design testing
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 12 of 18 v. Chemical analysis for contaminants
4) Data Analysis and Reporting
a. Analyze test results to determine the material's compliance with project specifications and quality standards.
b. Identify any deviations from expected material properties or performance. c. Prepare detailed reports summarizing the test results, including pass/fail determinations and any recommended actions.

Task 9: Post Construction Services (Close Out/Claims)
1) Review punch list items of remaining work, resolve outstanding contract change orders, global settlements, dispute resolution, and arbitration meetings. 2) Compile all final material testing reports, documentation, and certifications for inclusion in the project's closeout documentation.
3) Provide project changes to original design documents, records, and drawings. 4) Review and process the final payment.
5) Complete Caltrans closeout forms.
6) Provide a final electronic transmittal of all project documents which will be used for potential future audit from various funding sources. This transmittal shall include all project correspondence and project documents created in the delivery of the Consultant’s services.

Task 10: Other Services as Necessary
1) Requested Construction Management, Inspection and Materials Testing services may include other related professional and administrative tasks to assist the Town depending on the scope of the proposed project. These services shall be in accordance with applicable law, HUD/HCD requirements, Caltrans Standards, FHWA Standards, FEMA requirements, and the Town’s Standards.

B-1. POTENTIAL PROJECTS
The following is a list of potential projects that may require Construction Management, Inspection and Materials Testing services in the future. This is not intended to be a complete list, nor does it guarantee the projects will be developed. These projects are in various stages of development.

Town CIP
#
Project Title Funding Type
7303 On-System Road Rehabilitation Project FHWA ER, HUD CDBG-DR 7307 Neal Road Rehabilitation Project FHWA ER, HUD CDBG-DR 8407 Off-System Road Rehabilitation Project FEMA PA, HUD CDBG-DR 9389 Go Paradise – Pentz Student Pathway FHWA ATP, HUD CDBG-DR 9390 Go Paradise – Neal Gateway Project FHWA ATP, HUD CDBG-DR 158
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 13 of 18 9391 Oliver Curve Pathway FHWA ATP (Pending), HUD CDBG-DR 9408 Systemic Intersection Safety Improvements FHWA HSIP, LOCAL 9421 Forest Service Road Improvements HUD CDBG-DR
9422 Foster/Black Olive Intersection Improvements HUD CDBG-DR 9423 Elliott/Nunneley Road Extension HUD CDBG-DR
9424 Go Paradise: Skyway Link Project FHWA ATP, HUD CDBG-DR 9425 Upper Skyway Widening HUD CDBG-DR
9426 Skyway/Pentz Intersection Improvements HUD CDBG-DR 9427 Pentz Road Widening HUD CDBG-DR
C. SOQ FORMAT REQUIREMENTS
Each response to this RFQ shall include the information described in this section. Provide the information in the specified order. Failure to include all of the elements specified may be cause for rejection.

Additional information may be provided but should be succinct and relevant to the goals of this RFQ.

Excessive information will not be considered favorably.

All copies of the SOQ should be bound or contained in a loose-leaf binder. Document pages shall be 8.5 x 11 inches. An occasional 11” x 17” sheet folded to 8.5” x 11” may be used for exhibits or graphics (narratives are to be excluded). Documents shall include section dividers, tabbed in accordance with this Section, as specified in the subsections below. Dividers shall be free of narrative content. Attachments (if needed) may be included and will count toward the maximum page limit.

SOQs shall be a maximum of twenty-four (24) single-sided pages or twelve (12) double-sided pages (exclusive of: the title page, cover letter, table of contents, staff resumes, client references, required forms (Attachment B), addenda acknowledgement forms, and tabbed section dividers). If used, 11” x 17” shall be limited to two (2) single-sided pages. Each single-sided 11” x 17” will count as two (2) pages (blank back sides do not count towards total page count). Font size shall be eleven (11) or larger, and type shall be Times New Roman, Arial, Calibri, or Cambria. Margins shall be a minimum of one-half inch (1/2”) on all sides.

The SOQ shall include the following sections in order:

C-1. TITLE PAGE
The Title Page (front cover) shall identify the RFQ number, title, the name of the respondent’s firm, address, and date.

C-2. COVER LETTER
Please include a cover letter (two pages max) describing your firm’s interest and commitment to providing service. The cover letter should refer to this RFQ by number, title and date and shall include the name, email address, and telephone number of a contact person within your company. Include a statement that your proposal is a firm offer to enter into a binding contract with the Town in accordance with the 159
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 14 of 18 provisions of this RFQ and shall remain valid for a period of not less than one-hundred-twenty (120) days from the date of submittal.

The cover letter shall be signed by an officer empowered by the firm to sign such material and thereby commit the Consultant to the obligations contained in the RFQ. SOQs submitted on behalf of a general Partnership shall be signed in the firm name by a general partner or the Attorney-In-Fact. If signed by the Attorney-In-Fact, there shall be attached to the SOQ a Power-Of-Attorney evidencing authority to sign SOQs, dated the same date as the SOQ and executed by all partners of the firm. SOQs submitted on behalf of a limited partnership shall be signed by the Managing Partner. • SOQs which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. If not the President or Vice-President signing, then there must be a resolution of the corporation authorizing such a person to sign. • SOQs which are submitted by an Individual doing business under a firm name (“dba”) shall be signed in the name of the individual doing business under the proper firm name and style. The person authorized by the firm to negotiate a contract with the Town must sign the cover letter. • SOQs submitted on behalf of a Partnership must be signed in the firm name by a partner or the Attorney-In-Fact. If signed by the Attorney-In-Fact, a Power-Of-Attorney evidencing authority to sign SOQs must be attached to the SOQ, dated the same date as the SOQ and executed by all partners of the firm.

C-3. TABLE OF CONTENTS
The SOQ must include a table of contents that clearly identifies material by section and page number.

C-4. EXECUTIVE SUMMARY
Company Background
Provide a brief summary and profile of the consultant’s qualifications in relation to the requested services described in Item B “Scope of Service” of this RFQ. Include subconsultants on your team, if any. If you will use subconsultants, identify the services which would be completed by your staff and the services completed by theirs.

Your summary and profile should include: a brief history of the consultant, office location(s), services offered, expertise relevant to the requested scope, and size and availability of staff to commit to the project.

Qualifications
A summary of the consultant’s qualifications should address each of the minimum qualifications described in Item A-3 “Minimum Qualifications” of this RFQ. This section may also highlight additional qualifications if relevant to the Scope of Service.

Relevant Project Experience
List and provide a narrative summary of related project experience. Include a project description, funding source, and services rendered. Discuss whether the services were completed on time and within budget. 160
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 15 of 18 C-5. SCOPE OF SERVICE
Provide a well-conceived scope of service. The scope shall provide enough detail to distinguish the types of tasks which the Consultant anticipates to perform for the duration of the contract. Include a full description of major tasks, subtasks and listing of deliverables.

The scope provided herein, including any service items added, omitted, and/or modified during agreement negotiation, will be inserted into the Consultant agreement as EXHIBIT A entitled SCOPE OF SERVICES. Refer to ATTACHMENT A entitled SAMPLE STANDARD CONTRACT for a sample agreement and its respective exhibits.

C-6. METHODOLOGY OVERVIEW AND APPROACH
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFQ. Discuss your proposed process from project beginning to end, and your team’s approach to meeting the objectives described above in the Scope of Services. The Methodology Section should include:
1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFQ; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.

C-7. STAFFING PLAN AND ORGANIZATIONAL CHART
The SOQ should provide a staffing plan that shows anticipated staffing for the duration of the contract.

Identify all positions available for the project and their responsibility. Include an organizational chart showing the structure of your firm and subconsultants, if applicable. Specific project managers and their teams should be represented to show the ability to run multiple project teams, if required.

Provide a brief resume for each key staff member including their education background, licensing, certification, availability, and project experience.

C-8. REFERENCES
Provide at least three (3) client references (names and current phone numbers) from recent work involving federal funding (previous three years) similar to this scope of services. Include a brief description of each project associated with the references and the role of each team member.

C-9. REQUIRED FORMS
This section of your SOQ must include the following required forms due at the time of SOQ in accordance with this RFQ:
• LAPM Exhibit 10-O1: Consultant SOQ DBE Commitment
• LAPM Exhibit 15-H: Proposer/Contractor Good Faith Efforts (if applicable) 161
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 16 of 18 • LAPM Exhibit 10-Q: Disclosure of Lobbying Activities
• Byrd Anti-lobbying Amendment Compliance and Certification • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
• Consultant/Contractor Good Faith Effort for MBE/WBE
D. COST PROPOSAL
All cost proposals shall be signed and dated, by an officer empowered by the firm. Cost proposals are not due with the SOQ, but shall be submitted by the top ranked proposer within 7 calendar days of notice of intent to award.

Your cost proposal shall include a schedule of fixed hourly, daily, weekly, or monthly rate, for each class of employee engaged directly in the work in Specified Rates of Compensation format for both prevailing and non-prevailing wage rates. It shall include the consultant’s estimated costs and net fee (profit). The specific rates of compensation, except for an individual acting as a sole proprietor, are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. The schedule shall include all proposed staff and reimbursable services to complete task orders which could be assigned as a result of this contract.

The Schedule must be formatted in accordance with the Attachment “Caltrans Sample Cost Proposal – Contracts with Specific Rates of Compensation. “
Services which qualify as Prevailing Wage work must be submitted in accordance with the Attachment “Caltrans Sample Cost Proposal – Contracts with Prevailing Wages.” The cost proposal submittal must also include the Attachment “Certification of Indirect Costs and Financial Management System.”
Please note that the unit costs for per diem expenses and mileage reimbursement shall be equivalent to the current rate set forth by the United States General Services Administration. The current mileage rate can be found at the following link: https://gsa.gov/mileage.

E. CONSULTANT SELECTION PROCESS
It is the Town’s intent to select the consultant(s) that presents the best qualifications, scope understanding, and whose SOQ best accomplishes the desired results. This determination will be made by the Town in its sole discretion. The consultant(s) submitting the top-ranked SOQ may be invited for interviews.

Federal law requires selection of A&E contract services on the basis of demonstrated competence, and professional qualifications. Negotiations begin with the most qualified consultants. Should negotiations result in a price the Town considers not to be fair and reasonable, negotiations shall be formally terminated, and the Town shall then undertake negotiations with the second most qualified consultant. 162
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 17 of 18 If the negotiations with the second most qualified firm are not successful, negotiations shall be formally terminated, and the Town shall then undertake negotiations with the third most qualified consultant, etc. until the price is determined to be fair and reasonable by the Town (California Government Code, Chapter 10, Sections 4525 through 4529.5).

Consultants will be evaluated in accordance with the subsections below.

F. EVALUATION CRITERIA

1. Completeness of Response (10 Points)
a) Adherence to instructions in the RFQ.
b) Clear and comprehensive understanding of all aspects of the potential scope of work. c) Overall quality and thoughtfulness of the SOQ.

2. Experience and Qualifications (40 Points)
a) Demonstrated past performance on Town or other public agency projects. b) Possesses and discusses each of the minimum qualifications in item A-3 Minimum Qualifications.
c) Considers the team’s experience, ability, and qualifications to perform the work. d) Considers the subcontractor’s ability, if applicable. e) Considers the firms expertise in construction contract administration, including knowledge of applicable federal, state, and local laws as applicable, including the Public Contract Code, Labor Code, and the Americans with Disability Act.
f) Considers the capability of the consultant to provide a broad range of services identified in this RFQ.

3. Ability to Meet Project Timelines (20 Points)
a) Considers the staffing and stability of the consultant, and the availability to quickly commit staff to requested task orders.
b) Ability to return testing reports within the allotted time per the QAP or Standard Specifications

4. Project Methodology & Approach (15 Points)
a) Considers the consultant’s familiarity with the Town’s Capital Improvement Program and potential project needs.
b) Considers the consultant’s response for overall approach to the on-call contract by establishing procedures which balance responsiveness, quality and efficiency.

5. Familiarity and Experience with Local, State, and Federal Procedures (15 Points) a) Demonstrate a strong track record with managing Federal-aid projects. b) Consider the firm’s understanding of LAPM Chapters 15-17. c) Demonstrate the ability to complete the necessary exhibits according to the Caltrans LAPM. d) Considers the consultant’s understanding of the Caltrans Standard Specifications and Standard Plans, Town of Paradise Standard Details, California Test Methods, and Town’s Quality Assurance Program (QAP).

TOTAL POINTS (100)
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RFQ for On-Call Construction Management, Inspection and Materials Testing Page 18 of 18 Reference checks will be performed by the selection committee for the top-ranked consultants.

G. SELECTION PROCEDURES
SOQs will be reviewed for responsiveness and screened by a selection committee in accordance with the above criteria. The consultant(s) submitting the top-ranked SOQ may be invited for interviews, which, if desired by the Town selection committee, will assess an additional 25 points to the RFP’s possible 100 points. At least seven calendar days’ notice will be given for exact interview dates and times and the Town will endeavor to schedule the interview based on firm’s availability.

Interviews, if held, will be scored as follows:

1. Presentation by Team (10 Points)

2. Q&A Responses to Panel Questions (15 Points)
TOTAL POINTS (25)
TOTAL POINTS RFQ RESPONSE + INTERVIEWS (125)
The Town reserves the right to make an award without further discussion of the submittal with the proposer. Therefore, the SOQ should be submitted initially on the most favorable terms that the consultant might propose.

The Town reserves the right to award a contract to the consultant(s) that presents the best qualifications and whose SOQ best accomplishes the desired results.

The Town reserves the right to reject any or all SOQs, or to waive minor irregularities in said SOQs, or to negotiate minor deviations with the successful consultant. In the case of differences between written words and figures in a SOQ, the amount stated in written words shall govern. In the case of a difference in unit price versus the extended figure, the unit price shall govern.

The Town will notify all proposers whether or not they are selected for the subject work.

The selected consultant(s) should note that individual projects or phases of work may still be contracted out through a separate request for qualifications process if deemed to be in the best interest of the Town.

All Proposers are responsible for the costs of submission of a proposal. Such costs will not be reimbursed by the Town and may not be included in the proposed cost of services. 164
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ATTACHMENTS
A. SAMPLE STANDARD CONTRACT
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
_____________________________________
Consultant

ON-CALL CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING Varies
Budget Account Number

ARTICLE I INTRODUCTION
This AGREEMENT is between Town of Paradise and the following named, hereinafter referred to as, CONSULTANT:

The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The Contract Administrator for the Town of Paradise will be Marc Mattox, Public Works Director/Town Engineer.

A. Consultant shall perform the work under this AGREEMENT described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

B. INDEMNITY AND DEFENSE

1. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless Town and any and all of its officials, employees and agents as well as any other entities specified by Town (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant , its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to ATTACHMENT165
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indemnify and hold harmless TOWN OF PARADISE shall not extend to the TOWN OF PARADISE’s sole or active negligence and shall not extend beyond the Consultant’s percentage of fault.

2. Duty to Defend
In the event the TOWN OF PARADISE, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by TOWN OF PARADISE, CONSULTANT shall defend the TOWN OF PARADISE at CONSULTANT’s cost or at TOWN OF PARADISE’s option, to reimburse TOWN OF PARADISE for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by TOWN OF PARADISE is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and TOWN OF PARADISE, as to whether liability arises from the sole or active negligence of the TOWN OF PARADISE or its officers, employees, or agents, CONSULTANT will be obligated to pay for TOWN OF PARADISE’s defense until such time as a final judgment has been entered adjudicating the TOWN OF PARADISE as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

C. Consultant shall perform the work under this AGREEMENT described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.

CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of TOWN OF PARADISE.

E. TOWN OF PARADISE is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the TOWN OF PARADISE as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds TOWN OF PARADISE harmless from any and all claims that may be made against the Town based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the TOWN OF PARADISE. However, claims for money due or which become due to CONSULTANT from Town under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the TOWN OF PARADISE.

H. CONSULTANT shall be as fully responsible to the TOWN OF PARADISE for the negligent, reckless or willful misconduct of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. No waiver of any term or condition of this AGREEMENT shall be a continuing waiver thereof.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

K. CONSULTANT shall comply with the provisions of this AGREEMENT and additional federal provisions in Exhibit E of this agreement. In the event of a conflict between any provisions of Exhibit E, the more stringent provisions shall control and prevail.

L. CONSULTANT shall comply with the requirements of State prevailing wage law as required by law and as set out in this AGREEMENT.

M. All days set out herein are calendar days unless otherwise specified.

N. All Exhibits are incorporated into this AGREEMENT as if fully set forth herein.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit written progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report shall be sufficiently detailed for TOWN OF PARADISE’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with TOWN OF PARADISE’s Contract Administrator or Project Coordinator, as needed, and upon request, to discuss progress on the project(s). 167
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ARTICLE III STATEMENT OF WORK
CONSULTANT shall provide On-Call Engineering Services, described in Exhibit A entitled “SCOPE OF SERVICES”. As projects become available for assignment, project specific “task orders” will be issued using a “mini-RFP” qualification-based selection process.

ARTICLE IV PERFORMANCE PERIOD
A. Exhibit C is the “SCHEDULE OF PERFORMANCES”. This AGREEMENT shall go into effect on DATE, contingent upon approval by Town of Paradise, and CONSULTANT shall commence work after notification to proceed by the Town of Paradise’s Contract Administrator. The AGREEMENT shall end on DATE, unless extended by AGREEMENT amendment or terminated under Article VI of this AGREEMENT.

B. No recommendation for AGREEMENT award is binding on the Town of Paradise until the AGREEMENT is fully executed and approved by Town Council of the Town of Paradise and the Contract Administrator has issued a written Notice to Proceed.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term of this AGREEMENT shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. Unless otherwise agreed for a Task Order, CONSULTANT will be compensated for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal, described in Exhibit B entitled “COMPENSATION”. The specified hourly rates shall include all costs, including but not limited to direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT.

CONSULTANT will be reimbursed within thirty (30) days upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order when presented along with documentation of such costs acceptable to the Town.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders by the Contract Administrator.

D. After a project to be performed under this AGREEMENT is identified by the Town of Paradise, the Town of Paradise will prepare a draft Task Order without the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, and project schedule The draft Task Order will be delivered to the selected CONSULTANTs awarded contracts for review, as a “mini-RFP.” CONSULTANTs shall return a Qualification Based Proposal within ten (10) calendar days along with a sealed Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. An evaluation committee will review individual 168
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proposals, rank and select a consultant for the work. Following the selection of CONSULTANT, negotiations will commence and continue until an agreement has been reached on the negotiable items and total cost; Finally, a complete Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for an Actual Cost-plus Fixed Fee, lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. If applicable, CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed Federal rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by the Town of Paradise and notification to proceed has been issued by the Town of Paradise’s Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to the Town of Paradise signed by an authorized representative of the Town of Paradise. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the Town of Paradise.

K. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

L. The total amount payable by the Town of Paradise for an Individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

M. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

N. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT or to exceed the scope of work under this AGREEMENT.

O. The total amount payable by the Town of Paradise for all Task Orders resulting from this AGREEMENT shall not exceed $23,410,995. It is understood and agreed that there is no guarantee, either express or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

J. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the Town of Paradise’s Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be 169
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submitted no later than thirty (30) days after the performance of work for which CONSULTANT is billing or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, according to phase, and funding source on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and task order. Credits due to the Town of Paradise that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to the Town of Paradise’s Contract Administrator at the following address:

Marc A. Mattox, Public Works Director/Town Engineer
Town of Paradise
5555 Skyway
Paradise, CA 95969

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by TOWN OF PARADISE with or without cause, provided that TOWN OF PARADISE gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, TOWN OF PARADISE shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. TOWN OF PARADISE may temporarily suspend this AGREEMENT, at no additional cost to TOWN OF PARADISE, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If the TOWN OF PARADISE gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to TOWN OF PARADISE for damages sustained by Town by virtue of any breach of this AGREEMENT by CONSULTANT, and Town may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due Town from CONSULTANT is determined.

Notwithstanding, Consultant shall be liable only to the extent of Consultant’s negligent, reckless or willful misconduct.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT for all correctly completed work. Upon termination, TOWN OF PARADISE shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

Such materials may not be withheld until payment is received.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. 170
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B. The CONSULTANT also shall comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to TOWN OF PARADISE.

D. When a CONSULTANT or subconsultant is a 501(c)(3) Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, subconsultants, and TOWN OF PARADISE shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. The Town of Paradise, HCD, HUD, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by the Town of Paradise’s Finance Director.

B. Not later than thirty (30) days after issuance of the final audit report, CONSULTANT may request a review by the Town of Paradise’s Finance Director of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by the TOWN OF PARADISE will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the 171
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instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, TOWN OF PARADISE, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by TOWN OF PARADISE Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by TOWN OF PARADISE at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, TOWN OF PARADISE or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the TOWN OF PARADISE Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, TOWN OF PARADISE will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) 172
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months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to TOWN OF PARADISE final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of TOWN OF PARADISE; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO TOWN OF PARADISE no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between TOWN OF PARADISE and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the TOWN OF PARADISE and any subconsultants, and no subconsultant agreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the TOWN OF PARADISE for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the TOWN OF PARADISE's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the TOWN OF PARADISE Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subconsultant agreement entered into as a result of this AGREEMENT, shall make all the provisions stipulated in this entire AGREEMENT applicable to subconsultants unless otherwise agreed by the TOWN OF PARADISE.

D. CONSULTANT shall pay its subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the TOWN OF PARADISE.

E. Any substitution of subconsultants must be approved in writing by the TOWN OF PARADISE Contract Administrator in advance of assigning work to a substitute subconsultant. 173
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F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The TOWN OF PARADISE may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the TOWN OF PARADISE, of the contract work, and pay retainage to CONSULTANT based on these acceptances.

No retainage will be withheld by the TOWN OF PARADISE from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSUTLTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by TOWN OF PARADISE’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five 174
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thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by TOWN OF PARADISE’s Contract Administrator, three competitive quotations shall be submitted with the request, or the absence of bidding shall be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, TOWN OF PARADISE shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit TOWN OF PARADISE in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established TOWN OF PARADISE procedures; and credit TOWN OF PARADISE in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by TOWN OF PARADISE and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by TOWN OF PARADISE. The Parties shall divide the cost of such appraisal equally.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR shall be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at TOWN OF PARADISE construction sites, at TOWN OF PARADISE facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve TOWN OF PARADISE projects. Prevailing wage 175
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requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by TOWN OF PARADISE representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to TOWN OF PARADISE, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the TOWN OF PARADISE Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT and subconsultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
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4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by TOWN OF PARADISE shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number.

The name and address of the CONSULTANT or subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform TOWN OF PARADISE of the location of the records enumerated under paragraph (1) above, including the street address, Town and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or subconsultant fails to comply within the ten (10) day period, the CONSULTANT shall, as a penalty to TOWN OF PARADISE, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by TOWN OF PARADISE from payments then due.

CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the TOWN OF PARADISE Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its subconsultants shall comply with Labor Code §1774 and §1775.

Pursuant to Labor Code §1775, the CONSULTANT and any subconsultant shall forfeit to the TOWN OF PARADISE a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion 177
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thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or subconsultant.

4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.
c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project. d. Prior to making final payment to the subconsultant for work performed on the public works project, the CONSULTANT shall obtain a declaration signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, TOWN OF PARADISE shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If TOWN OF PARADISE determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if TOWN OF PARADISE did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by TOWN OF PARADISE.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the TOWN OF PARADISE, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar 178
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day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the sub agreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him, her, or it shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANT and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with TOWN OF PARADISE that may have an impact upon the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing TOWN OF PARADISE construction project which will follow.

B. CONSULTANT certifies that it has disclosed to the TOWN OF PARADISE any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise TOWN OF PARADISE of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either TOWN OF PARADISE ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An 179
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affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

E. Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the CONSULTANT, or its designee or agents, may obtain a financial interest or benefit from a CDBG-DR assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to CDBG-DR assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for 1 year thereafter.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any TOWN OF PARADISE employee. For breach or violation of this warranty, TOWN OF PARADISE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING TOWN OF PARADISE, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his, her or its knowledge and belief, that:

1. No State, Federal, or TOWN OF PARADISE appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. 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 ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier sub agreements, which exceed one 180
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hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by TOWN OF PARADISE to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the TOWN OF PARADISE upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or TOWN OF PARADISE shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or 181
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indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex or national origin. In administering the TOWN OF PARADISE components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to TOWN OF PARADISE. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FEMA, FHWA, and/or HUD, whichever Department(s) is relevant to the Task Order.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
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CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbesearch.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 22%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):
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CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT 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 CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment. 184
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7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
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a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant 186
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• Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a 187
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CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract.

The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan 188
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(CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F:

Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. 189
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M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
Consultant shall provide Insurance as described in Exhibit D entitled “INSURANCE REQUIREMENTS”.

A. Prior to Agreement execution, CONSULTANT shall furnish the Town of Paradise with a Certificate of Insurance evidencing the insurance types and requirements set forth in Exhibit D.

B. The Town of Paradise will not be responsible for any premiums or assessments on any insurance policy.

C. The required insurance listed in Exhibit D shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year.

D. New Certificates of Insurance are subject to the approval of the Town of Paradise. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, the Town of Paradise may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to the TOWN OF PARADISE for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or TOWN OF PARADISE governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. TOWN OF PARADISE has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties. 190
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B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by TOWN OF PARADISE’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by TOWN OF PARADISE’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, TOWN OF PARADISE has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of TOWN OF PARADISE’s Contract Administrator and the Town Manager, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by TOWN OF PARADISE Town Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit TOWN OF PARADISE, the State, and FEMA, FHWA, and HUD if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT. 191
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ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by TOWN OF PARADISE Safety Officer and other TOWN OF PARADISE representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, TOWN OF PARADISE has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of the TOWN OF PARADISE, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, Town shall be entitled to, and CONSULTANT shall deliver to Town, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to Town which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by the TOWN OF PARADISE.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of Town without restriction or limitation upon its use or dissemination by Town.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by the Town for another project or project location shall be at Town’s sole risk. 192
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D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. TOWN OF PARADISE may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FEMA, FHWA, and HUD shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY TOWN OF PARADISE’S CONSTRUCTION CONTRACTOR A. If claims are filed by TOWN OF PARADISE’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with TOWN OF PARADISE’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that TOWN OF PARADISE considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from TOWN OF PARADISE. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with TOWN OF PARADISE’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to TOWN OF PARADISE’s operations, which are designated confidential by TOWN OF PARADISE and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by TOWN OF PARADISE relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or TOWN OF PARADISE’s actions on the same, except to TOWN OF PARADISE’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by TOWN OF PARADISE, and receipt of TOWN OF PARADISE’S written permission. 193
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E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than TOWN OF PARADISE, Caltrans, and/or FEMA, FHWA, or HUD. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of Town or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, Town has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, Town’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by TOWN OF PARADISE. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include 194
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documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included 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 LOCAL AGENCY The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of 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.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
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a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the 196
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recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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 recipient 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 recipient 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 recipient 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 recipient, its successors and assigns.

The recipient, 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 recipient 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 abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
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(*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.)

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 recipient 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 Nondiscrimination covenants, the recipient 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.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient 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 recipient 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.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THEACTIVITY,

FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient 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 198
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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 recipient 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 Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination 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 199
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“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; • 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).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by personal delivery, five calendar days after deposit in the U.S. Mail (first class postage) or by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: Consultant
(Name), Project Manager
Address

TOWN OF PARADISE: Town of Paradise
Marc Mattox, Contract Administrator
5555 Skyway
Paradise, CA 95969

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named TOWN OF PARADISE, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be 200
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performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES

TOWN OF PARADISE ______________________________
A Municipal Corporation Consultant

By:___________________________ By: ________________________________ James Goodwin, Town Manager Name:

Title:

Address:

APPROVED AS TO FORM: ATTEST:

By:____________________________ By:___________________________ Scott E. Huber, Town Attorney Melanie Elvis, Deputy Town Clerk 201
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT A SCOPE OF SERVICES

Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
Scope of Work Description:

The services which could be requested with this contract are broad within this profession and include the following:

INSERT CONSULTANT SCOPE OF SERVICE
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT B COMPENSATION

Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
Compensation for services shall be in accordance with the specified rates of compensation, shown below:

Approved ICRs are fixed for the life of the contract.

INSERT CONSULTANT ICR SCHEDULE

INSERT CONSULTANT COST PROPOSAL
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT C SCHEDULE OF PERFORMANCES

Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
The Provider shall complete all services in accordance with the specific service and completion schedules established with each executed Task Order.
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT D INSURANCE PROVISIONS

Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Consultant shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Consultant, Consultant’s agents, representatives, employees and subconsultants. Before the commencement of work, Consultant shall submit Certificates of Insurance and Endorsements evidencing that consultant has obtained the following forms of coverage:

A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $4,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Excess Liability: Consultant shall maintain excess liability coverage of $1,000,000. 3) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.

Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $2,000,000 per accident for bodily injury and property damage. 4) Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Consultant provides written verification, he or she has no employees.) 5) Professional Liability (Errors and Omissions): Insurance appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

TOWN OF PARADISE reserves the right to request additional coverage for specific Task Orders.

If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.
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B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) Additional Insured Status: The Town of Paradise, its officers, officials, employees and volunteers as well as the State of California, its officers, agents, and employees and other entities as directed by the Town are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or at the direction of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later edition is used).
2) Primary Coverage: For any claims related to this contract, Consultants insurance coverage shall be primary and non-contributory and at least as broad as ISO Form CG 20 01 04 13 as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. This requirement shall also apply to an Excess or Umbrella liability policies. 3) Umbrella or Excess Policy: The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess policies shall provide all of insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions, indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. 4) Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with at least a 30-day notice to the Town.

C. WAIVER OF SUBROGATION: Consultant hereby grants to Town a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Town by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.

D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the Town. The Town may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention (SIR) may be satisfied by either the named insured or Town. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention or deductible that exceeds $25,000 unless approved in writing by the Town.

Any and all deductibles and self-insured retention shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

The Town may deduct from any amounts otherwise due Contract to fund the SIR/deductible. Policies shall NOT contain any SIR provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. Entity reserves the right to obtain a copy of any policies and endorsements for verification. 206
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E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.

F. VERIFICATION OF COVERAGE: Consultant shall furnish Town with original certificates of insurance including all required amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause and a copy of the Declarations and Endorsement Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declaration & Endorsements pages are to be received and approved by the Entity before contract execution. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The Town reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

G. SPECIAL RISKS OR CIRCUMSTANCES: Town reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

H. SUBCONSULTANTS: Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the Town is an additional insured on insurance required from subconsultant.

I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:
1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. 4) A copy of the claims reporting requirements must be submitted to the Town for review. 207
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TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT E ADDITIONAL FEDERAL PROVISIONS

HUD FUNDED, FEMA FUNDED, AND/OR FHWA FUNDED PROJECTS

Consultant
On-Call Construction Management, Inspection and Materials Testing Project Title
Varies
Budget Account Number
Expense Contracts; Regulatory Compliance Requirements
All Town contracting shall comply with 2 CFR, Part 200 and legislation for the regulation of labor, safety and environmental protection, emergency preparedness and advisories, and any other codified criteria including but not limited to the following as relevant to this Agreement:

1. Remedies:

A. Contractor Performance and the Breach Thereof
The Town may terminate this Contract and is relieved of the payment of any consideration to the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. The Contractor shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the Town shall notify the Contractor of the breach and thereby the termination of this Contract. In the event of such termination, the Town may proceed with the work in any manner deemed proper by the Town. The cost to the Town shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be retained by the Town.

B. Termination for Cause and Convenience
In the event the Contractor fails to perform in accordance with the terms of this Contract within the time specified, if any, or a reasonable time after placement of this order, the Town Treasurer may by written notice, cancel this Contract and may hold the Contractor liable for any damage caused the Town by reason of failure to perform in accordance with these conditions.

It is agreed by the parties to this Contract that in case all the work called for under the Contract in all parts and requirements is not finished or completed within the time period as set forth in this Contract, damage will be sustained by the Town of Paradise, and that it is and will be difficult or impossible to ascertain and determine that actual damage which the Town will sustain in the event of and by reason of such delay; and it is therefore agreed that the 208
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Contractor shall pay to the Town the sum of one hundred dollars ($100) per calendar day for each and every working days’ delay in finishing the work in excess of the time period prescribed; and the Contractor agrees to pay said liquidated damages as herein provided, and in case the same is not paid, agrees that the Town may deduct the amount thereof from any money due or that may become due the Consultant under this Contract or any other Contract between the Town and the Consultant.

2. Compliance with State and Federal Laws and Regulations The Contractors shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and procedures established by the HCD for the administration of the DR-Infrastructure programs, as the same may be amended from time to time.

3. CDBG-DR Requirements
Consultant shall be in compliance with CDBG-DR requirements, the 2018 DR-Infrastructure Policies and Procedures.

4. “Anti-Kickback Act of 1986” (41 U.S.C. §§ 51-58)
The “Anti-kickback Act of 1986” provides that the Town and the Consultant shall be prohibited from attempting as well as completing “kickbacks,” which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind. The inclusion of kickback amounts in contract prices is prohibited conduct in itself. This act requires that the purpose of the kickback was for improperly obtaining or rewarding favorable treatment. It is intended to embrace the full range of government contracting.

5. Compliance with the Contract Work Hours and Safety Standards Act 40 U.S.C. 3701–3708 As applicable, documentation shall be maintained that demonstrates compliance with hour and wage requirements for this section and submitted upon request to the Town.

A. 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.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. 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 mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 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. 209
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C. Withholding for unpaid wages and liquidated damages. The Town shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or 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, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

D. Safety requirements. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

E. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (5) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section.

6. Davis-Bacon Act (Title 29 CFR, Subtitle A, Parts 1, 3, and 5) The Consultant must abide by the Davis-Bacon Act as amended (40 U.S.C 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contracts must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contracts must be required to pay wages not less than once a week.

7. Environmental Compliance
A. The Consultant shall comply with the California Environmental Quality Act (CEQA) requirements as applicable.

B. The Consultant agrees to comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements, specified in said Section 114 and Section 308, and all applicable standards, orders, regulations and guidelines issued thereunder. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

C. The Consultant shall comply with the requirements of the Clean Air Act, 42 U.S.C. 1857, et seq., as amended, and all applicable standards, orders and regulations. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

D. The Consultant shall comply with EPA regulation pursuant to 40 CFR Part 50, as amended.

E. The Consultant shall comply with HUD regulation pursuant to 24 CFR Part 58. 210
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F. The Consultant shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

G. The Consultant shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. The Consultant shall also comply with Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.

H. The Consultant and the Town agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q), the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387), the Environmental Protection Agency (EPA) regulation pursuant to 40 CFR Part 50 as amended, the HUD regulation pursuant to 24 CFR Part 58, the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the National Historic Preservation Act of 1966 as amended 16 U.S.C. 470, the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set form in 36 CFR Part 800 (Advisory Council on Historic Preservation Procedures for Protection of Historic Properties. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

8. Copeland “Anti-Kickback” Act
The Copeland “Anti-Kickback'' Act (40 U.S.C. 3145) provides that the Town and the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require; and, also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

9. Rights to Inventions Made Under a Contract or Agreement 211
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If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Town or the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the Town or the Contractor must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency.

10. Clean Air Act and the Federal Water Pollution Control Act The Contractor and the Town agree 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 awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Contractor agrees to report each violation to the Town of Paradise and understands and agrees that the Town of Paradise will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Contractor agrees to report each violation to the Town of Paradise and understands and agrees that the Town of Paradise will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

11. Energy Efficiency
Contractor will comply with all standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

12. Suspension and Debarment
The Town does not employ vendors or contractors or award contracts to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 212
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(3 CFR part 1989 Comp., p. 235), “Debarment and Suspensions”. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order. (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Town. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

See Attachment B.2– Certification Regarding Department, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions

13. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended) Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See the certification in Attachment B.1.

14. Procurement of Recovered Materials
In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA­ designated items unless the product cannot be acquired- (i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.

Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program . The list of EPA213 Town of Paradise – On-Call Construction Management, Inspection and Materials Testing Attachment A Sample Standard Contract Page A-50 of 58
designate items is available at https://www.epa.gov/smm/comprehensive-procurement-guidelinesconstruction-products.

The Contractor also agrees to comply will all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Consultant shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Consultant shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Consultant determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.

Pursuant to 30 CFR 247.2, this clause shall apply to items purchased under this Agreement where: (1) Consultant purchases in excess of $10,000 of the item under this contract; (2) during the preceding Federal fiscal year, the Consultant: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.

15. Additional HUD Requirements (CDBG-DR):

A. Equal Opportunity Requirements and Responsibilities
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1065 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The obligations undertaken by Subrecipient include, but are not limited to, the obligation to comply with all federal laws and regulations described in Subpart K of 24 CFR Part 570 and specifically with each of the following, among other things, as the same may be amended from time to time. The consultant, performing work under this contract, shall follow these laws and regulations:

1. Title VI of the Civil Rights Act of 1964: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving federal financial assistance.

2. Title VII of the Civil Rights Act of 1968 (The Fair Housing Act): This act prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin.

This law also requires actions which affirmatively promote fair housing. 214
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3. Restoration Act of 1987: This act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability or age in a program or activity which does not directly benefit from such assistance.

4. Section 109 of Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. 5309]: This section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act.

5. The Fair Housing Amendment Act of 1988: This act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand the Justice Department jurisdiction to bring suit on behalf of victims in federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older.

6. The Age Discrimination Act of 1975: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving federal funding assistance. Effective January 1987, the age cap of 70 was deleted from the laws. Federal law preempts any State law currently in effect on the same topic.

7. Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability in federally assisted programs. This Section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funding assistance. Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991.

8. The Americans with Disabilities Act of 1990 (ADA): This act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against “a qualified individual with a disability” in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment.

9. Executive Order 11063: This executive order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government.
215
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10. Executive Order 12259: This executive order provides that the administration of all federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States.

11. The Equal Employment Opportunity Act: This act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in federal court against private sector employers after the EEOC has investigated the charge, found “probable cause” of discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings federal, state, and local governments under the Civil Rights Act of 1964.

12. The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal and referral. It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of federal laws prohibiting discriminatory employment.

13. The Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002): This act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and promotion of veterans.

14. Executive Order 11246: This executive order applies to all federally assisted construction contracts and subcontracts. It provides that no person shall be discriminated against on the basis of race.

B. Minority Business Enterprises and Women’s Business Enterprises The Consultant must take affirmative steps to assure that minority business enterprises and women’s business enterprises are used when possible. The affirmative steps must include:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
216
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C. Relocation, Displacement, and Acquisition
The Contractor shall comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and regulations adopted to implement the Act in 24 CFR Part 42, 49 CFR Part 24, and Section 104(d) of the Housing and Community Development Act of 1974 as they are applicable.

D. Consultant Agreements:

A. Consultant shall:

1. Perform the Approved Project activities in accordance with federal, state, and local regulations, as are applicable.

2. Provide security to assure completion of the Approved Project(s) by furnishing the borrower and construction lenders with proof of sufficient insurance and performance and payment bonds, or other security approved in advance in writing by the HUD/HCD, as determined by the particulars of each individual Project will be required.

3. Compliance with all State and federal requirements described in this Agreement including without limitation those that pertain to labor standards, nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug Free Workplace, and prevailing wages. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code.

4. Maintenance of at least the minimum State required Workers’ Compensation Insurance for those employees who will perform the Approved Project activities.

5. Maintenance, as required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the Approved Project activities.

6. Compliance with the applicable Equal Opportunity Requirements described in Exhibit E, Section 12 of this Agreement.

B. Consultants and Subconsultants shall follow the Drug-Free Workplace Act of 1988, which include the items below:

1. Publish and give a policy statement to all covered employees informing them that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policy.

2. Establish a drug-free awareness program to make employees aware of a) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug-free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug abuse violations.

3. Notify employees that as a condition of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within 5 calendar days, if he or she is convicted of a criminal drug violation in the workplace.

4. Notify the contracting or granting agency within 10 days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplace.

5. Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction.
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6. Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.

E. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts Rev. 3/03)

1. This contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner.

2. The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds.

3. The Town has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds.

F. Energy Policy and Conservation Act
This Agreement is subject to mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the federal Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

G. Construction Standards
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) The Architectural Barriers Act (ABA) stands as the first measure by Congress to ensure access to the built environment for people with disabilities. The law requires that buildings or facilities that were designed, built, or altered with federal dollars or leased by federal agencies after August 12, 1968, be accessible.

California Green Buildings Standards Code (CALGreen) (Title 24, Part 11 of the California Code of Regulations)
All new construction of residential buildings or reconstruction of substantially damaged buildings must incorporate California Green Buildings Standards Code (CALGreen).

Sustainability Requirements
All rehabilitation, reconstruction, and new construction must be designed to incorporate principles of sustainability, including water and energy efficiency, resilience, and mitigating the impact of future disasters. Wherever feasible, the Subrecipient, Subrecipient’s and Contractors must follow best practices, such as those provided by the U.S. Department of Energy.

National Floodplain Elevation Standards
Subrecipients and Contractors must comply with the national floodplain elevation standards for new construction, repair of substantially damaged structures, or substantial improvements to public facilities in flood hazard areas. All structures designed for public facilities use within a special flood hazard area (SFHA), or one percent annual chance, floodplain will be elevated with 218
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the lowest floor at least two feet above the base flood elevation level and comply with the requirements of 83 FR 5850 and 83 FR 5861.

Wildland-Urban Interface Building Codes (WUI Codes)
All Approved Projects under this program that are located in a CAL FIRE high fire zone must comply with applicable WUI codes, found in Title 24, Chapter 7a of the California Building Code, which offer specific material, design and construction standards to maximize ignition resistance.

16. Federal labor Standards Provisions
Davis-Bacon Act (40 U.S.C. §§ 31413148), which requires that workers receive no less than the prevailing wages being paid for similar work in their locality. Prevailing wages are computed by the Federal Department of Labor and are issued in the form of federal wage decisions for each classification of work. The law applies to most construction, alteration, or repair contracts over $2,000.
"Anti-Kickback Act of 1986" (41 U.S.C. §§ 51-58), which prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind. The act also provides that the inclusion of kickback amounts in contract prices is prohibited conduct in itself. This act requires that the purpose of the kickback was for improperly obtaining or rewarding favorable treatment. It is intended to embrace the full range of government contracting.

Contract Work Hours and Safety Standards Act - CWHSSA (40 U.S.C. § 3702), which requires that workers receive "overtime" compensation at a rate of one and one-half (1-1/2) times their regular hourly wage after they have worked forty (40) hours in one week.

Title 29, Code of Federal Regulations CFR, Subtitle A, Parts 1, 3 and 5, which are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the DavisBacon Act, as amended.

The Consultant shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Town for review upon request. Consultant shall be responsible for monitoring all subcontractors, as applicable, for compliance with these provisions.

17. State Prevailing Wages
A. The Subrecipient shall ensure that the requirements of California Labor Code (LC), Chapter 1, commencing with Section 1720, Part 7 [LC Section 1720-1743] pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations are met.

B. For the purposes of this requirement "construction work" includes, but is not limited to rehabilitation, alteration, demolition, installation, or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "Construction Contract"). Where the Construction Contract will be between the Subrecipient and a licensed building contractor, the Subrecipient shall serve as the "awarding body" as that term is defined in the LC. Where the Subrecipient will provide funds to a third 219
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party that will enter into the Construction Contract with a licensed building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to release of any final retention payment, HCD may require a certification from the awarding body that prevailing wages have been or will be paid.

C. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in LC Section 1770-1784 or the Davis-Bacon Wage Determination.

18. Agreements with Contractors
A. The Subrecipient shall not enter into any agreement, written or oral, with any Contractor or other party without the prior determination that the Contractor or other party is eligible to receive federal funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors or similar Federal or state listing of debarred or ineligible parties.

The terms “other party” is defined as public or private nonprofit agencies or organizations and certain (limited) private for-profit entities who receive Grant Funds from a Subrecipient to undertake Approved Projects.

B. An agreement between the Subrecipient and any Contractor or other party shall require:

1. Compliance with all State and federal requirements described in this Agreement including without limitation those that pertain to labor standards, nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug Free Workplace, and prevailing wages. In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code.

2. Maintenance of at least the minimum State required Workers' Compensation Insurance for those employees who will perform the Approved Project activities.

3. Maintenance, as required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the Approved Project activities.

4. Compliance with the applicable Equal Opportunity Requirements described in Exhibit D, Section 10 of this Agreement.

C. Contractors shall:

1. The Approved Project activities in accordance with federal, state, and local regulations, as are applicable.

2. Provide security to assure completion of the Approved Project(s) by furnishing the borrower and construction lenders with proof of sufficient insurance and performance and payment bonds, or other security approved in advance in writing by HCD, as determined by the particulars of each individual Project will be required.

D. Contractors and Subcontractors: Drug-Free Workplace Act of 1988

1. Publish and give a policy statement to all covered employees informing them that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace and specifying the actions that will be taken against employees who violate the policy.

2. Establish a drug-free awareness program to make employees aware of a) the dangers of drug 220
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abuse in the workplace; b) the policy of maintaining a drug-free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug abuse violations.

3. Notify employees that as a condition of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within 5 calendar days, if he or she is convicted of a criminal drug violation in the workplace.

4. Notify the contracting or granting agency within 10 days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplace.

5. Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction.

6. Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.

19. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention A. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling explosives and comply with all insurance requirements. The Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures.

Where there is danger to structures or property from blasting, the charges shall be reduced, and the material shall be covered with suitable timber, steel or rope mats.

The Contractor shall notify all owners of public utility property of intention to use explosives at least 8 hours before blasting is done close to such property. Any supervision or direction of use of explosives by the engineer does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use.

B. Danger Signals and Safety Devices: The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. The Contractor shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public.

C. Protection of Lives and Health: The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the worksite, which occur as a result of prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as reasonably necessary.

20. Additional FEMA Requirements
A. Changes
Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with Town Policies and Procedures. No oral understanding or 221
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agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.

B. Access to Records
The following access to records requirements shall apply to this Contract:

1. The Contractor agrees to provide Cal OES, the Town, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the Contract.

4. In compliance with the Disaster Recovery Act of 2018, the Town of Paradise and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

C. Department of Homeland Security (DHS) Seal, Logo and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre­ approval.

D. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

E. No Obligation by Federal Government.

The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.

F. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract. 222
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B. REQUIRED LAPM FORMS
B.1 Caltrans Sample Cost Proposal – Contracts with Specific Rates of Compensation

ATTACHMENT223
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B.2 Caltrans Sample Cost Proposal: Sample Cost Proposal for Contracts with Prevailing Wages https://dot.ca.gov/programs/local-assistance/guidance-and-oversight/consultant-selectionprocurement 224
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B.3 Certification of Indirect Costs and Financial Management System 225
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B.4 Byrd Anti-Lobbying Amendment Compliance and Certification

BYRD ANTI-LOBBYING

AMENDMENT COMPLIANCE AND

CERTIFICATION
The following certification and disclosure regarding payments to influence certain federal transactions are made per the provisions contained in 31 U.S.C 1352, the “Byrd Anti-Lobbying Amendment”.

The undersigned certifies, to the best of his or her knowledge, that:

1. 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 an 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;

2. 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 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.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that allsubrecipientsshall certify and disclose accordingly.

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 (as amended by the Lobbying Disclosure Act of 1995). 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.

Consultant, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Consultant’s Authorized Official:_____________________________________ Name and Title of Consultant’s Authorized Official:_________________________________ Date: _________________
226
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B.5 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Orders 12549 and 12689, 2 C.F.R part 180, Debarment and Suspension, and 2 C.F.R. § 200.213. The Consultant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Consultant is eligible to receive federal funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors or similar Federal or state listing of debarred or ineligible parties.

Where the Consultant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Consultant Name:

Name and Title of Authorized Representative:

Signature of Authorized Representative:

Date:
227
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B.6 LAPM Exhibit 10-I: Notice to Proposers DBE Information 228
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229
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B.7 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment 230
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231
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B.8 LAPM Exhibit 10-O2: Consultant Contract DBE Commitment 232
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233
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B.9 LAPM Exhibit 15-H: DBE Information – Good Faith Efforts 234
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235
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236
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B.10 LAPM Exhibit 10-Q: Disclosure of Lobbying Activities 237
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238
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B.11 Consultant/Contractor MBE/WBE Good Faith Efforts

CONSULTANT/CONTRACTOR GOOD FAITH EFFORTS
RFP/RFQ No.:

PROPOSAL DUE DATE:

The above referenced RFP/RFQ has affirmative steps to assure that minority business enterprises (MBEs) and women’s business enterprises (WBEs) are used when possible. Consultants and Contractors submit the following information to document their good faith efforts with your proposal.

Please attach additional sheets as needed.

A. The names and dates of each publication in which a request for MBE/WBE participation for this contract was placed by the consultant or contractor (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
B. The names and dates of written notices sent to MBEs/WBEs soliciting subconsultants for this RFP/RFQ and the dates and methods used for following up initial solicitations to determine with certainty whether the MBEs/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Name of WBE/MBE Solicited Date of Initial
Solicitation
Follow Up Methods and Dates
C. The items of work made available to MBE/WBE firms including those divided up into smaller tasks to permit maximum participation.

Items of Work Breakdown of Items
D. The names, addresses, and phone numbers of rejected MBE/WBE firms and the reasons for the Consultant’s/Contractors rejection of the MBE/WBE.
239
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E. Efforts (e.g., in advertisements and solicitations) made to assist interested MBEs/WBEs in obtaining information about the RFP/RFQ for the work which was provided to MBEs/WBEs:

F. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using MBE/WBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, webpages, etc.):

Name of Agency/Organization Method/Date of Contact
G. Any additional data to support a demonstration of good faith efforts:
240
Town of Paradise – On-Call Construction Management, Inspection and Materials Testing Attachment C – Mini-RFP Template Page C-1 of 4
C. MINI-RFP TEMPLATE
On-Call Professional Civil Engineering Services – ‘Mini’ Request for Proposals Issue Date:

Response Due Date:

Tentative MRFP Award Notification Date:

Project Title:

Introduction: The Town of Paradise issued a formal Request for Qualifications in summer of 2024 for on-call Construction Management, Inspection and Materials Testing services. As stated in the original solicitation, the Town selected up to three firms which are eligible to submit responses to issued ‘mini’ Request for Proposals (MRFP) for individual task orders to be generated. The contract term for each agreement shall be three years, however, may be extended for two additional one-year terms at the discretion of the Town. In no case shall the agreements extend beyond a total of five years or be issued task orders which exceed an aggregate $23,410,995. Issued task orders are subject to all applicable provisions of each firm’s executed Agreement for Professional Services in addition to all standards outlined in the original Request for Qualifications/Statement of Qualifications unless explicitly stated in this MRFP.

MRFP Notifications: All issued MRFPs will be electronically transmitted through Public Purchase to (Up to 3) Selected Consultants. Although all firms are encouraged to submit proposals, firms will not lose points on future project proposals for not proposing on all projects.

Proposal Submittal Instructions: Submittal package shall be submitted via Public Purchase no later than the date and time indicated on the MRFP heading and shall include:

One (1) electronic copy of the Proposal in PDF format.

Cost Proposal Submittal Instructions:

One (1) electronic copy of the Cost Proposal in both PDF and Excel format within three (3) business days of the Notice of Intent to Award.

All questions must be submitted through Public Purchase. Questions submitted within three business days of the identified MRFP due date will not be considered. Addenda, if issued, will be sent to Public Purchase.

ATTACHMENT241
Town of Paradise – On-Call Construction Management, Inspection and Materials Testing Attachment C – Mini-RFP Template Page C-2 of 4
Task Order Details
Project Location:

Project Location Maps are provided in Attachment A.

Project Background:

Project Funding Type:

Performance Period:

DBE Goal:

Scope of Service:

Caltrans LAPM Forms Required with Proposal: Exhibit 10-O1 DBE Commitment 242
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Proposal Requirements
Pre-qualified consultants shall submit proposals on prescribed forms/template issued by the Town.

As a ‘mini’ RFP, the Town aims to streamline the submittal process which focuses solely on the subject task order. Proposals will include the following categories for discussion/evaluation and be a maximum of 10 pages:
• Project Understanding/Approach
o Implementation plan describing firm’s view of the project, methodology for success, need/approach for stakeholder engagement, documented known facts and assumptions, and details which assist in determining the most qualified firm for the task.
• Scope of Work & Deliverables
o Provide a well-conceived scope of work. The scope shall provide enough detail to distinguish the types of tasks in which the Consultant anticipates performing for the duration of the task order. Include a full description of major tasks, subtasks and listing of deliverables. The scope provided herein, including any service items added, omitted, and/or modified during task-order negotiation, will be inserted into a Task Order which is incorporated into the Professional Service Agreement. • Key Staff Assigned
o Provide a tabulation of key staff, including subconsultant staff, assigned to the task order with percent availability, role, and brief narrative of project-specific qualification. Resumes which were already included in the original SOQ should not be resubmitted.
• Schedule
o Provide a complete schedule which aligns with the Scope of Service. The schedule shall be presented in terms of weeks from issuance of a Notice to Proceed. The schedule shall consider project risks, anticipated internal and external review timelines, and overall deliverable complexity.
• Comparable Project References
o Provide a tabulation of two relevant project references, including: consultant staff lead, reference contact, funding type, and brief narrative of project outcome. • Optional – Supplemental Information
o Supplemental information, exhibits, or graphics may be included at the end of the proposal.
• Cost Proposal- submit within three (3) business days of the Notice of Intent to Award. o Cost Proposal rates shall be in accordance with executed Professional Service Agreement and correlate proposed scope of work and deliverables efforts. 243
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Proposal Evaluation Process & Criteria
It is the Town’s intent to select the firm that presents the best qualifications, scope understanding, and whose Proposal best accomplishes the desired results. This determination will be made by the Town in its sole discretion.

Federal law requires selection of A&E contract services on the basis of demonstrated competence, and professional qualifications. Cost will not be included as criteria for rating such consultants.

Negotiations shall begin with the most qualified consultant. Should negotiations result in a price the Town considers not to be fair and reasonable, negotiations shall be formally terminated, and the Town shall then undertake negotiations with the second most qualified consultant.

If the negotiations with the second most qualified firm are not successful, negotiations shall be formally terminated, and the Town shall then undertake negotiations with the third most qualified consultant, etc. until the price is determined to be fair and reasonable by the Town (California Government Code, Chapter 10, Sections 4525 through 4529.5).

For each task order, an evaluation committee will be formed by the Town and each submittal will be scored in accordance with the table below:

Category Points
Possible
Proposal Completeness* 5
Project Understanding/Approach 30
Scope of Work & Deliverables 20
Staff Assigned 10
Schedule 20
References 5
Prior Experience** 10
TOTAL 100
*Proposal Completeness includes consideration of applicable Caltrans LAPM forms required with the submittal.
**Prior Experience shall be assumed full credit for each submittal, unless the panel deems necessary to subtract points based upon actual experience with prior task orders under their respective Professional Service Agreement.

Proposals will be evaluated by each committee member per the table above. Each evaluator’s assigned scores will be used to rank the proposals 1, 2, or 3 (1 as the highest scoring proposal and 3 as the lowest scoring proposal). Ultimate consultant selection will be made based upon the summation of the proposal rankings (lowest) between all committee members. In the event of a tie, the summation of the total scores (highest) between all committee members will be utilized. 244
Town of Paradise – On-Call Construction Management, Inspection and Materials Testing Attachment D – Quality Assurance Program Page D-1 of 1
ATTACHMENT-D. QUALITY ASSURANCE PROGRAM
245

TOWN OF PARADISE
Department of Public Works
5555 Skyway
Paradise, CA 95969

QUALITY ASSURANCE PROGRAM MANUAL
July 2020
Approved by:
__________________________________________________
Marc A. Mattox Date
Public Works Director/Town Engineer
RCE 79885, Exp 09/30/2022
Town of Paradise
In conjunction with the Caltrans 2015 Standard Specifications Prepared in accordance with California Department of Transportation “Quality Assurance Program (QAP) for Use by Local Agencies” Revised January 20, 2011 07/08/2020
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Table of Contents
Description Page
i
I. Introduction........................................................................................................................................... 1

1. Purpose.............................................................................................................................................. 1

2. What is Quality Control.................................................................................................................... 1

3. What is Quality Assurance................................................................................................................ 1

4. Independent Assurance Program ...................................................................................................... 1

5. Quality Assurance Program Manager............................................................................................... 1

6. Project Certification.......................................................................................................................... 2

7. Project Records................................................................................................................................. 2 II. Acceptance Testing............................................................................................................................... 3

1. Introduction....................................................................................................................................... 3

2. Who Performs Acceptance Tests? .................................................................................................... 3

3. Training Of Acceptance Testers ....................................................................................................... 3 A. Acceptance Testers (Consultants Contracted by The Town of Paradise)..................................... 3

4. Laboratory Certification.................................................................................................................... 3

5. Laboratory Equipment ...................................................................................................................... 4 A. Consultant - Owned Testing Equipment (Town of Paradise Construction Projects).................... 4 B. Proficiency Testing Program ........................................................................................................ 4

6. Reporting Acceptance Testing Results............................................................................................. 4 III. Independent Assurance Testing ........................................................................................................ 5

1. Purpose.............................................................................................................................................. 5

2. Procedures......................................................................................................................................... 5 IV. Testing of Manufactured Materials................................................................................................... 7

1. Certificate of Compliance ................................................................................................................. 7

2. Source Inspections............................................................................................................................ 7

3. Authorized Materials List ................................................................................................................. 7 Appendix A – Acronyms
Appendix B – Frequency Tables
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Introduction
Section 1
I. INTRODUCTION

1. PURPOSE
The purpose of this Quality Assurance Program (QAP) manual is to provide Departmental guidelines for quality assurance on construction projects off the State Highway System (SHS) to ensure Town of Paradise wide uniformity with respect to calibrating testing equipment, certifying personnel, sampling and testing materials, and preparing material records.

The Town of Paradise, Public Works Department is responsible for managing Quality Assurance (QA) on all Town of Paradise Public Works projects. Quality assurance includes both acceptance sampling and testing and independent assurance sampling and testing.

A list of acronyms associated with this Quality Assurance Program (QAP) is presented in Appendix A.

2. WHAT IS QUALITY CONTROL
Quality Control (QC) is a plan of action by the Contractor to ensure that materials and products incorporated into the construction project meet specific standards. QC is the responsibility of the contractor. The Town of Paradise does not test or inspect materials for QC or assist in controlling the Contractor's production operations.

Guidelines for performing QC on Town of Paradise construction projects are described in Section 6-2.02 "Quality Control" of the Caltrans Standard Specifications 2015.

3. WHAT IS QUALITY ASSURANCE
Quality Assurance (QA) is a series of planned or systematic actions required by the Department to verify that the products or materials entering the work comply with the contract special provisions or standard specifications. QA is a combination of acceptance sampling and testing and independent assurance sampling and testing.

Quality Assurance is further described in Section 6-2 "Quality Assurance" of the Caltrans Standard Specifications 2015.

4. INDEPENDENT ASSURANCE PROGRAM
Independent assurance shall be provided by personnel from an outside agency, qualified consultant or from within our own department. Independent assurance testing will be used to verify that sampling and testing procedures are being performed properly and that testing equipment is in good working condition. Consultants will not be allowed to perform QC tests for the contractor and independent assurance tests for the Town of Paradise on the same project.

5. QUALITY ASSURANCE PROGRAM MANAGER
The Town of Paradise, Public Works Department shall appoint a Quality Assurance Program Manager (QAPM). The QAPM is responsible for overseeing acceptance testing on Town of Paradise construction projects. If a consultant is used for acceptance testing, the QAPM shall 250
Introduction
Section 1
perform oversight for the acceptance testing. It is the responsibility of the QAPM to maintain a file consisting of copies of Acceptance Testers certifications, letters of decertification, notes to file, etc.

The Town of Paradise shall only use personnel and laboratories who are Caltrans Certified on State and Federally funded projects.

6. PROJECT CERTIFICATION
Upon completion of a Federal-aid project, a "Materials Certificate" shall be completed by the Resident Engineer. The Agency shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the "Materials Certificate" shall also be included in the Agency's construction records. The Resident Engineer in charge of the construction function for the Agency shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the "Materials Certification", including changes by virtue of contract change orders.

7. PROJECT RECORDS
All material records of samples and tests, material releases and certificates of compliance for the construction project shall be incorporated into the Resident Engineer's project file. If a Federalaid project:
• The files shall be organized as described in Section 16.3 "Maintaining Project Records" of the Local Assistance Procedures Manual.
• It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. • The project files shall be available for at least three years following the date of final project voucher.
• The use of a "Log Summary," as shown in Appendix H of the QAP Manual for Use by Local Agencies, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Resident Engineer in tracking the frequency of testing. • When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records.
251
Acceptance Testing
Section 2
II. ACCEPTANCE TESTING

1. INTRODUCTION
Acceptance testing is the regular testing of materials or products that will be incorporated into a construction project to verify that the materials or products comply with contract special provisions and standards specifications. Acceptance tests will continue as work progresses.

Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Appendix C, “Acceptance Sampling and Testing Frequencies” of the QAP Manual.

These frequencies will be used as a guide for testing on projects. Guidance documents for sampling of materials may also be found in the:
• Caltrans California Test Methods
• Caltrans Standard Specifications
• Town of Paradise Special Provisions

2. WHO PERFORMS ACCEPTANCE TESTS?
On Town of Paradise construction projects, acceptance tests are to be performed by properly trained and certified personnel. Exceptions can be made in the event of an emergency.

Acceptance Tests shall conform to California Test Methods (CTM) and/or other comparable testing methods including American Society of Testing Methods (ASTM).

Consultants that perform acceptance sampling and testing for the Town of Paradise shall work under the direction of the Department and the QAPM. Under no circumstances shall said consultants be allowed to perform acceptance tests for the Town of Paradise and perform quality control duties for the contractor on the same construction project.

3. TRAINING OF ACCEPTANCE TESTERS
A. Acceptance Testers (Consultants Contracted by The Town of Paradise) Consultants may be contracted by the Town of Paradise to perform acceptance testing on Town projects as needed. Prior to performing acceptance tests for the Town of Paradise, they must prove to the Public Works Department that they and their employees are knowledgeable and competent in performing applicable tests. The Consultant shall submit to the Public Works Department a Quality Assurance Program Manual for review, a copy of which will be kept on file by the Department.

4. LABORATORY CERTIFICATION
At least once during each calendar year a Caltrans IA person verifies that this laboratory has all necessary equipment to perform the California Test (CT). That sampling/testing personnel possess current Caltrans Exhibit 16-D "Certificate of Proficiency". Prior to the issuing of Caltrans Form TL-0113 "Qualifying Laboratories".
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Acceptance Testing
Section 2

5. LABORATORY EQUIPMENT
A. Consultant - Owned Testing Equipment (Town of Paradise Construction Projects) Prior to materials testing on a Town of Paradise construction project, consultants must provide written certification to the Public Works Department that qualified personnel properly calibrated each piece of equipment involved with the project. All current calibration stickers shall be affixed to each piece of equipment showing the date of last calibration.

B. Proficiency Testing Program
The consultant Materials Testing Laboratory will participate in the Caltrans’ Reference Sample Program. The Consultants Laboratory will continue to participate in the program as long as Caltrans continues the certification program. The QAPM and/or a Certified Acceptance Testers will be responsible for administering the tests for the correlation testing program.

6. REPORTING ACCEPTANCE TESTING RESULTS
The following are time periods for reporting material test results to the Resident Engineer:
• When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 24 hours after sampling.
• When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Resident Engineer within 24 hours after sampling. • When soils and aggregates are sampled at the job site:
o Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 72 hours after sampling. o Test results for “R” Value and asphalt concrete extraction should be submitted to the Resident Engineer within 96 hours after sampling.

When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB), hot mix asphalt (HMA), and other such materials; the time of such sampling shall be varied with respect to the time of the day insofar as possible, in order to avoid a predictable sampling routine.

The reporting of AT results, if not performed by the Resident Engineer’s staff, shall be done on an expedited basis such as by fax or telephone.
253
Independent Assurance Testing
Section 3
III. INDEPENDENT ASSURANCE TESTING

1. PURPOSE
The primary purpose of independent samples and tests are:
a. To verify that project sampling and testing of materials are performed correctly b. To ensure that the equipment is properly calibrated
Independent assurance samples are taken at random for the purpose of making independent checks on the reliability of the acceptance test results. Independent assurance tests shall be at the discretion of the project Resident Engineer.

2. PROCEDURES
Both independent assurance test samples and acceptance test samples shall be taken from the same material source location. The test sample shall be split and test results shall be compared between the independent assurance test and the acceptance test. Independent assurance test must be kept separate throughout the entire test procedures. The independent assurance sample shall not be used for determining compliance with contract requirements.

Poor correlation between acceptance testers' results and the independent assurance testers’ results indicate probable deficiencies with the acceptance sampling and testing procedures. The following procedures shall be performed to verify that the acceptance testing is being performed correctly:
a. Verifying that equipment used for acceptance testing is properly calibrated and in good working condition.
b. Witnessing sampling and testing by the Acceptance tester. c. Review the applicable California Test Method with the acceptance tester. 254
Independent Assurance Testing
Section 3
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255
Testing of Manufactured Materials
Section 4
IV. TESTING OF MANUFACTURED MATERIALS

1. CERTIFICATE OF COMPLIANCE
The Caltrans Standard Specifications permit the Resident Engineer to accept materials prior to sampling and testing if a certificate of compliance accompanies them. Other personnel approved to accept on this basis shall be the Assistant RE and the QAPM.

A certificate of compliance shall conform to the requirements of the contract specifications. The Certificate of Compliance does not preclude at any time sampling and testing by the Department as the Department may deem necessary.

Please see Caltrans Exhibit 16-T1 “Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications” for a list of materials that are typically accepted on the basis of a Certificate of Compliance.

2. SOURCE INSPECTIONS
Source inspection is the inspection, sampling and testing of manufactured and prefabricated materials at locations other than the job site. The Town may submit a “Source Inspection Request” to the Agency, consultant, or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory. See chapter 16, Administer Construction Contracts, of the Local Assistance Procedures Manual for proper procedures to request a source inspection.

3. AUTHORIZED MATERIALS LIST
The Caltrans Standard Specifications permit the Resident Engineer to accept materials prior to sampling and testing if the material is on the Authorized Materials List. Other personnel approved to accept on this basis shall be the Assistant RE and the QAPM.

Materials on the Authorized Materials List does not preclude at any time sampling and testing by the Department as the Department may deem necessary.

Please see the Caltrans website at https://dot.ca.gov/programs/engineering-services/authorizedmaterials-lists for the Authorized Materials List. 256
Testing of Manufactured Materials
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257
Appendix
Acronyms A
Acronyms
AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute
AMRL AASHTO Materials Reference Laboratory
ASTM American Society of Testing and Materials
Caltrans California Department of Transportation
CCRL Cement and Concrete Reference Laboratory
CTM California Test Methods
Department Town of Paradise Department of Public Works
FHWA Federal Highway Administration
NICET National Institute of Certification in Engineering Technologies NIST National Institute of Standards and Technology
NRMCA National Ready-Mixed Concrete Association
QA Quality Assurance
QAPM Quality Assurance Program Manager
QC Quality Control
RSO Radiation Safety Officer
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Appendix
Acronyms A
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259
Appendix B - Acceptance Sampling and Testing Frequencies Note: It may be desirable to sample and store some materials. If warranted, testing can be performed at a later date.

Portland Cement (Hydraulic Cement)
Portland Cement Concrete (Hydraulic Cement Concrete)
Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description of Comments
Freshly-Mixed
Concrete
(Sampling)
Approx. 150lb. (or 1
cu. ft.) near mixer
discharge.

When tests are required, take at least one
sample for each 500 to 1000 cu. yd. of
PCC/HCC. 1 minimum sample on
structural/foundation projects. Follow ACI
requirements for bridges.

ASTM C172,
C685
CTM 539/540
AASHTO T141,
M157
This describes a method to sample
freshly-mixed concrete.

Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb./ (or 1
cu.
ft.) near mixer
discharge.

On projects with 500 cu. yd., or more, test
at least one sample per job. 2 per day on
structural/foundation projects. Follow ACI
requirements for bridges.

ASTM C143
CTM 533
AASHTO T119
This test determines the slump and ball
penetration of the freshly-mixed concrete.

Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb./ (or
1 cu. ft.) near mixer
discharge
On projects with 500 cu. yd., or more, test at
least one sample per job. 1 minimum test on
structural/foundation projects per job. Follow
ACI requirements for bridges.

ASTM C231
CTM 504
AASHTO T152
This test determines the air content
of freshly-mixed concrete (pressure
method).

Freshly-Mixed
Concrete
(Testing)
Approx. 150 lb./ (or
1 cu. ft.) near mixer
discharge
On projects with 500 cu. yd., or more, test at
least one sample per job. 1 minimum test on
structural/foundation projects per mix
design. Follow ACI requirements for
bridges.

ASTM C138
CTM 518
AASHTO T121
This test determines the unit weight of
freshly mixed concrete.

Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Cement/fly ash
(Sampling Only)
8-lb. sample If possible, take a least one sample per
job, even if the material is accepted
based on a Certificate of Compliance.

ASTM D75,
C494
Standard for sampling hydraulic
cement or fly ash.

CTM 125
AASHTO
T127,
M85, M295
Cement
(Test Only)
8-lb. sample If the product is accepted based on a
Certificate of Compliance, testing is not
required. If the product is not accepted
using a Certificate of Compliance, test at
least once per job.

ASTM C109
CTM 515
AASHTO
T106
If testing appears warranted,
fabricate six 2-in mortar cubes using
the Portland (or hydraulic cement).

Test for compressive strength.
260
Appendix B (continued)
Portland Cement Concrete (Hydraulic Cement Concrete) – Continued Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Freshly-Mixed
Concrete
(Testing)
Approx. 150-lb/ (or 1 cu. ft.)
near mixer discharge
Fabricate at least three concrete
cylinders per project. Test for
compressive strength at least once
for each 150 cu. yd.
of structural concrete.

ASTM C39
CTM 521
AASHTO T22
This test is used to fabricate 6” x
12” concrete cylinders.

Compressive strengths are
determined, when
needed.

Soils and Aggregates
Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Aggregate
(Sampling)
One 50-lb. sample Take one sample for every 500 to
1,000 tons of materials. Test at least
one sample per project.

ASTM D75
CTM 125
AASHTO T2
This test describes the
procedures to sample aggregate
from the belt or hopper (random
basis).

Coarse Aggregate
(Testing) One 25-lb. sample
Take one sample for every 500 to
1,000 tons of materials. Test at
least one sample per project.

CTM 227
This test determines the cleanness
of coarse aggregate.

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to
1,000 tons of materials. Test at least
one sample per project.

ASTM C136
CTM 202
AASHTO T27
This test determines the gradation
of soils and aggregates by sieve
analysis.

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to
1,000 tons of materials. Test at least
one sample per project.

ASTM D2419
CTM 217
AASHTO T176
This test determines the Sand
Equivalent of soils and aggregates.

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to
1,000 tons of materials. Test at least
one sample per project.

ASTM C117
AASHTO T11
This test determines the gradation
for materials finer that the No.
200 sieve (by washing method).

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to
1,000 tons of materials. Test at least
one sample per project.

ASTM D3744
CTM 229
AASHTO T210
This test determines the Durability
Index of soils and aggregates.

Soils and
Aggregates
(Testing)
One 50-lb. sample Take one sample for every 500 to
1,000 tons of materials. Test at least
one sample per project.

ASTM D2844
CTM 301
AASHTO T190
This test determines the
Resistance Value (R-) and
expansion pressure of compacted
materials.
261
Appendix B (continued)
Soils and Aggregates - Continued
Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Soils and
Aggregates
(Testing)
One random location for
every 5,000 sq. ft.

Take one sample for every 500 to
1,000 tons of materials. Test at least
one sample per project.

ASTM D 6938
CT 231/CT 216
AASHTO T238
This test determines field
densities and water content using
the nuclear gage.

Asphalt Binder
Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Asphalt Binder
(Sampling)
One 0.5-gal. sample placed
in a clean, sealed can.

Sample once per job at the asphalt
concrete plant.

ASTM D979
CTM 125
AASHTO T168,
T48
This procedure describes the proper
method to sample the asphalt binder.

No testing required, unless warranted
by concern.

Hot Mix Asphalt (Asphalt Concrete)
Materials to be
Sampled or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Asphalt Concrete
(Sampling)
Obtain one 30-lb. sample
each day of production
Obtain one sample at the asphalt
concrete plant per day or for each
3,000 tons of asphalt concrete
placed.

ASTM D75, D140,
D979
CTM 125
AASHTO T40, T168
This test describes the procedure
to sample the asphalt concrete.

Asphalt Concrete
(Testing)
4” x 8” cores
Take four 4” x 8” cores for every
1000 ft of paved roadway.

ASTM D1188,
D1560, D1561,
D5361
CTM 304
AASHTO T246, T247
This test determines the field
density of street samples.

Asphalt Concrete
(Testing)
Obtain one 30-lb. sample
for each day of production
Obtain one sample for every five
cores taken.

ASTM D1188,
D1560, D1561,
D5361
CTM 304
AASHTO T246, T247
This test determines the laboratory
density and relative compaction
of asphalt concrete.

Asphalt Concrete
(Testing)
4” x 8” cores Obtain one sample for every five
cores taken.

ASTM D2726,
D1188, D5361
This test determines the specific
gravity of compacted
bituminous mixture densegraded or non-absorptive.

Asphalt Concrete
(Testing)
One 30-lb sample Obtain one sample for every 1,000
tons of asphalt concrete.

ASTM C117,
D2172 (use Method
B)
AASHTO T164
This test determines the screen
analysis of aggregates recovered from
asphalt materials.
262
Hot Mix Asphalt (Asphalt Concrete) –Continued
Appendix B (continued)
Materials to be
Sampled or
Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Geotextile Fabric
(Placed Under
the Asphalt
Concrete)
(Testing)
One 12 ft. x 3 ft. sample This item may be accepted using a Certificate of Compliance. Obtain
one sample per job when a Certificate
of Compliance is not used.

ASTM D4632
AASHTO M288
This test determines the weight per sq. yd.
and grabs strength of geotextile fabrics.

Asphalt Concrete
(Testing)
Sample any test location
(random basis)
Obtain one sample for every 1,000
tons of asphalt concrete.

ASTM D2950
CTM 375
This test determines the nuclear field
density of in-place asphalt concrete.

Asphalt Concrete
(Testing)
One 10-lb sample Obtain one sample and test per
project.

AASHTO T324
AASHTO T312
This test determines the stability value of
asphalt concrete.

Slurry Seals
Materials to be
Sampled or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Slurry Seals
(Sample)
One 0.5 gal. sample
in a clean,
dry plastic container.

Obtain one sample per truck ASTM D979
CTM 125
AASHTO T40,
T168
This test describes the procedure for
sampling the slurry seal.

Slurry Seals
(Testing)
One 0.5 gal. sample
in a clean, dry
plastic container.

This item may be accepted using a
Certificate of Compliance. Test one
sample per project and test for
Abrasion when a Certificate of
Compliance is not used.

ASTM D3910 This test determines the Wet
Track Abrasion Test (2)
(WTAT).

Aggregate for Slurry
Seals
(Testing)
One 30-lb. sample. Obtain at least one sample per project from the belt, hopper, or stockpile and test for sieve
analysis of fine sand.