Paradise City Council
September 9, 2025

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SECTION 1 ‐ REQUEST FOR PROPOSAL
The Town of Paradise (Town) is requesting proposals to enter into a one (1) year agreement with up to two (2) one (1) year extensions not to exceed three (3) years with a properly licensed contractor to provide vegetation management and hazardous fuels reduction within the Town right-of-way.

The proposals submitted in response to this Request for Proposals (RFP) will be used as a basis for selecting the contractor for this project. The contractor’s proposal will be evaluated and ranked according to the criteria provided in the “Evaluation Criteria” section of this RFP.

Examination of Sites of Work, Scope of Work, and Contract:

The contractor shall examine carefully the sites of the work contemplated, the scope of work, and the proposal and contract forms. The submission of a proposal shall be conclusive evidence that the contractor has investigated and is satisfied as to the general and local conditions to be encountered, as to the character, quality and scope of work to be performed, the materials to be furnished, and the requirements of the proposal and contract.

Addendums:

Addenda to this RFP, if issued, will be sent to all prospective contractors to whom the Town has specifically mailed a copy of the RFP to and will be posted on the Town’s website at:
https://www.townofparadise.com/pwe/page/bid-notices-rfps It shall be the contractor’s responsibility for checking the Town’s website to obtain any addenda that may be issued.

Proposal Submission:

The contractor’s attention is directed to the “Proposal Requirements” section of this RFP.

One (1) electronic copy of the proposal shall be submitted in a sealed package clearly marked “Hazardous Fuels Reduction Services” to the Town of Paradise prior to 4:00 p.m., October 1, 2025 addressed as follows:

Louis Johnson
Supervising Project Manager
Town of Paradise
5555 Skyway
Paradise, CA 95969
[email protected]
Late Proposals:

Proposals received after the time and date specified above will not be considered and will be returned to the contractor.

Proposal Withdrawal:

Any proposal received prior to the time and date specified above may be withdrawn or modified by written request of the contractor. To be considered, however, the modified proposal must be received prior to 4:00 P.M., October 1, 2025.
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Rejection of Proposal:

Unsigned proposals or proposals signed by an individual not authorized to bind the prospective contractor will be rejected.

Rights Reserved:

This RFP does not commit the Town to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The Town reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified contractor, or to modify or cancel in part or in its entirety the RFP if it is in the best interest of the Town to do so.

Furthermore, a contract award shall not be made based solely on price. Town reserves the right to waive non-material provisions on a proposal
The prospective contractor is advised that should this RFP result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the Town.

All products used or developed in the execution of any contract resulting from this RFP will remain in the public domain at the completion of the contract.

A sample Professional Services Agreement is included as an Attachment to this Proposal request. Proposals shall confirm that the prospective contractor has reviewed the sample agreement and shall include any concerns or changes the prospective contractor may wish to voice, as well as any requirements the prospective contractor will be unable to satisfy regarding the agreement. In particular, please review the insurance requirements specified in the Professional Services Agreement.

Inquiries:

For inquiries regarding this contract, please contact Louis Johnson at:
5555 Skyway, Paradise, CA 95969
Phone : (530) 872-6291 x174
Email: [email protected].

Compliance with Laws:

All proposals shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the Town harmless for any failure to conform.

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SECTION 2 ‐ BACKGROUND
The Town of Paradise is requesting the services of a vegetation and tree management firm that specializes in providing hazardous fuels reduction in public rights-of-way. The average width of right-of-way varies from less than 1.0 feet from back of walk to 11.5 feet from edge of existing pavement within in the Town of Paradise. The Town plans to reduce hazardous fuels along both sides of the 98.48-mile public roads. For this contract the total area of treatment is estimated to be 274.55 acres.

The Hazardous Fuels Reduction Services contract will be for an initial one (1) year period with up to two (2) one-year extensions at the Town’s discretion.

Proposals will be evaluated and ranked by staff. Based upon the rankings, Town of Paradise will attempt to enter into a contract with the highest ranked Contractor. 173

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SECTION 3 ‐ SCOPE OF SERVICES
General:

The Contractor is to include in the proposal a list of all activities that will be performed during the monthly, bi-annual, and annual scheduled maintenance.

Typical right-of-way hazardous fuels include, but not limited to:

1. Grasses

2. Brush

3. Small trees
Right‐of‐way :

In locations where the right-of-way is less than 11.5 from edge of pavement work shall stop at the right-ofway. In locations where the right-of-way is greater than 11.5 from edge of pavement work shall extend to right-of-way.

Scheduled Hazardous Fuels Reduction Schedule and Reporting:

See Appendix A of this RFP for detailed description of hazardous fuels reduction activities expected of Contractor.

Monthly Activity Report:

The Contractor shall provide a computerized monthly activity report to the Town by the fifteenth (15) working day of each month for the previous month. A printed hard copy of the monthly report shall be sent via USPS mail or email to the Town with the monthly invoice. No payment will be made without submittal of the report. The report shall include:
 Date of work
 Road names where work was performed in ascending order  Begin and end work locations with GPS coordinates in decimal degrees carried to 5 decimal places (e.g. -121.12345, 39.12345)
 Description of work performed
 Weather conditions
Scheduled Operations:

The contractor will provide a schedule of proposed operation. See appendix A for monthly and biannual reporting.

Landscaped Areas:

Locations that the Town and/or citizens have landscaped to the edge of pavement or back of walk will be avoided.

Existing Irrigation:

It is the contractor’s responsibility to identify and avoid any existing irrigation in the Town right-of-way or on private property adjacent to work areas. The contractor will be responsible for repairs to irrigation systems damaged by work performed from this contract.
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No Spray Zones:

The Town of Paradise offers a proactive approach with property-owner enrollment to skip certain addresses known as “No-Spray”. Contractor shall adhere to this list and help maintain it through the course of the work.

Tribal Monitoring:

When ground disturbing activities are planned, the Contractor shall provide written notice at least three working days in advance to the Town of Paradise with the areas impacted for proper Tribal notifications to occur and potential monitoring activities.
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SECTION 4 ‐ CONTRACTOR QUALIFICATIONS & CONDITIONS
Qualifications of Employees:

A Contractor must have on-staff, certified personnel with the following qualifications:

1. A minimum of one (1) employee with Possession of a valid California Registered Professional Forester (RPF) license.

2. At least five (5) years of experience in forest management, fuels reduction planning, or vegetation treatment project implementation, preferably in the Sierra Nevada region.

3. Demonstrated knowledge of:
a. California forest and fire ecology
b. Wildland-urban interface (WUI) conditions
c. State and federal environmental regulations (e.g., CEQA, NEPA, Forest Practice Rules) d. Best Management Practices (BMPs) for fuels management and erosion control Experience preparing or overseeing the development of:
i. CAL FIRE Exemptions and Emergency Notices
ii. Vegetation Management Plans or equivalent wildfire mitigation plans e. Strong familiarity with public agency contracting and working with local governments, fire safe councils, landowners, and regulatory agencies.

The submitted proposal shall identify by name the certified personnel who will be available and would be assigned to provide hazardous fuels reduction services to the Town.

Safety:

The Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury in accordance with CAL OSHA regulations and shall take precautions required by all other applicable governmental regulations.

In the event unsafe work is observed by Town staff or otherwise reported, the Public Works Director or her designee may at his discretion order contractor to stop performing work and pay all costs and or damages resulting from the delay.

Prevailing Wages:

Contractor shall abide by the requirements set forth under Section 1773 of the Labor Code of the State of California for prevailing wages or 1273-FHWA whichever is greater.

Underground Service Alert:

Underground Service Alert (1-800-227-2600) shall be notified by the Contractor 48-hours in advance prior to any excavation work. There are no activities anticipated for this project that require Underground Service Alert notification.

Traffic Control:

Traffic control shall be set up at all work sites per Caltrans Standard Specifications and Standard Plans by the contractor as outlined in the Work Area Traffic Control Handbook.

Response to Calls and Emergency Situations:

A 24-hour emergency phone number and name of two (2) contact individuals shall be provided by the Contractor to the Town. In the event of an emergency, these individuals shall be able to be contacted seven 176

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days per week, 24-hours per day. The Contractor shall respond immediately within two and one half (2.5) hours to any inquiries, telephone calls, and emergency situations emanating from Town staff.

Should the Contractor fail to respond to emergency situations within two and one half (2.5) hours, the Town will, at its sole discretion, correct or have corrected the emergency. Any additional costs incurred by the Town due to the Contractor’s failure to respond will be subtracted from the Contractor’s monthly compensation.

HUD SECTION 3:

The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

Contract Term & Invoice Requirements:

It is the intent of the Town to contract for Hazardous Fuels Reduction services presented herein for a term of one (1) year with up to two(2) one (1) year extensions not to exceed a total of three (3) years, subject to the satisfactory negotiation of terms including a price acceptable to the Town and the successful bidder and the annual availability of funding.

Payment:

The Contractor shall submit monthly invoices for the hazardous fuels reduction work that will be issued against the yearly contract. The Contractor shall also submit invoices for any additional work done during that month, preferably a separate invoice from the monthly maintenance invoice. Invoices shall be mailed, in triplicate, to the Town of Paradise – Attention: Public Works Department.

Any work performed in addition to the scheduled hazardous fuels reduction is to be approved by the Town prior to commencement of work. Payment for approved additional work will be made in accordance with approved time and materials rates.

Payment is due by the Town 30 days from the acceptance of an invoice.

Contractor Negligence:

Any damage to the Town’s property resulting from Contractor’s negligence shall be corrected at no additional cost to the Town.

Non‐Discrimination/Harassment/Retaliation:

The Contractor shall be responsible to see that there is no harassment, discrimination, or retaliation against any employee who is employed in the work covered by the Contract or any applicant for employment because of sex, race, religion, color, gender, sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition (cancer related or HIV/AIDS related), genetic characteristics, and physical or mental disability and that this Contract provision shall include but not be limited to, the following: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship.

It is the policy of the Town of Paradise that, in accordance with the provisions of State and Federal Law concerning the use of State or Federal Funds, no otherwise qualified individual shall, solely by reason of his 177

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or her race, color, religion, sex, national origin, age, marital status, ancestry, gender, sexual orientation (including heterosexuality, homosexuality, and bisexuality), citizenship status, uniformed service member status, pregnancy, medical condition (cancer related or HIV/AIDS related), genetic characteristics, and physical or mental disability be denied the benefits of or be subjected to discrimination, harassment, or retaliation under any program, activity or hiring practice.

Termination for Cause:

In the event the Contractor fails to perform the scope of work, as determined solely by the Town, the Town may terminate the contract without penalty and be relieved of any further consideration to the Contractor.

Notice of such termination shall be in writing and shall take effect ten (10) days after mailing such notice. In the event of termination, the full extent of Town liability shall be limited to an equitable adjustment and payment for materials and/or services authorized by and received to the satisfaction of the Town prior to termination.

Termination for Convenience:

Town may terminate the contract at any time without cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least thirty (30) calendar days prior to the effective date of such termination. If the Town terminates the contract for convenience, contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the termination. Contractor expressly agrees that no further penalties, remedies, or consideration would be forthcoming in the event of termination for convenience.

Pricing:

Only those charges that are identified in the Proposal and agreed upon by the Town will be allowed. Charges shall remain firm the initial twelve (12) month period of the contract. Contractor may request an annual increase in charges for any extensions of the contract, provided that request is justified and proposed increases do not exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12-month period. The comparison month used will be based upon the third month prior to the month that the contract is awarded. For example, if the contract is awarded in November, the month used for the basis of the CPI comparison will be August. Under no circumstances shall adjustments exceed five (5) percent per each one (1) year extension.

If Contractor proposes to increase fees, a written notice shall be provided a minimum of thirty (30) days prior to the termination of the then current contract.

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SECTION 5 ‐ PROPOSAL REQUIREMENTS
Proposals shall contain the following information:

Introductory Letter:

The introductory letter shall be addressed to:

Town Manager
Town of Paradise
5555 Skyway
Paradise, CA 95969
Capability and Experience of Contractor:

In addition to acknowledging the entire scope of work, Contractor shall provide the following information:
 Specify the resources the contractor will dedicate to the scope of work identified in this RFP.  Provide a detailed organizational chart depicting the Contractor’s hierarchy, each position and number of positions by job classification, who they report to, different crews, etc.  Present job qualifications of key contract staff including general manager, superintendent, supervisor, pesticide operators, and lead maintenance workers.  Detail training and safety precautions taken to perform the scope of work identified in this RFP.

Past Performance:

Contractor shall provide a written description of past performance on contracts of similar size and scope including such factors as reliability, adherence to specifications, compliance with contract terms and conditions, and how requests for extra work were addressed.

Contractor shall also include in their proposal a list of at least four (4) organizations which can be used as references for performance of similar services. Bidders shall endeavor to include references from public sector agencies. References shall include the customer name, contact person, phone number, and dates that similar services were performed. References will be checked to determine the quality of work performed and personnel assigned to the job.

Fee Schedule:

Contractor shall submit a fee schedule shall be presented for the scope of work items as follows:

1. Monthly per intersection costs (includes monthly, bi-annual, and annual inspections, reports and other stated items of work)

2. One-time, contract initiation task list (lump sum)

3. Current billing rates for employees and services proposed to be used for emergency work or nonmaintenance repairs Conflict of Interest Statement:

The Contractor shall disclose any financial, business or other relationship with the Town that may have an impact upon the outcome of the contract. The Contractor shall also list current clients who may have a financial interest in the outcome of this contract.

The Town will enter into a contract with the firm that will provide the best combination of lowest cost, defined work scope, and availability to complete the required services. 179

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SECTION 6 ‐ EVALUATION CRITERIA
Evaluation Methodology:

A review committee selected by Town staff shall use a point formula to evaluate each proposal. Each member of the review committee will first score each proposal by the criteria described below. The review committee will then meet to compare and discuss the evaluations and combine the individual scores to determine a composite score for each proposal.

The review committee will evaluate and rate the proposals based on the evaluation criteria below:

Evaluation Criteria Maximum Score
Compliance with the Request for Proposals 5 points
Capability and Experience of Contractor 30 points
Past Performance 20 points
Reference Checks 10 points
Cost for services and extra work 35 points
Total: 100 points
Contract Award:

Contract award will be made to the contractor deemed to be the most responsive, responsible, and experienced, who displays the qualifications best corresponding with the Town’s interests, and possesses the means to fully and faithfully execute the scope of work specified. The Town shall be the sole judge of whether or not a contractor meets these requirements.

The review committee will make a recommendation of award to the Town Council.

Disqualification:

A contractor may be disqualified for any of the following without further consideration:
 Incomplete proposal
 Lack of experience, responsibility as shown by past work, references, or other factors, and license or certificates
 Default or termination of other contracts
 Omission, inaccuracy, misstatement, or failure to file all required documents  Other causes as the Town deems appropriate at the Town’s sole discretion

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APPENDIX A – HAZARDOUS FUELS REDUCTION SCHEDULE
The Town requires that the Contractor evaluate Hazardous Fuels within all of the Town right-of-way.

Preliminary assessments of Town rights of way for hazardous fuels and determine the action plan to clear and mitigate vegetative growth. The assessments will identify locations of treatment and the equipment needed to implement the project.

Hazardous fuels include, but not limited to, grasses, brush and small trees.

Typical treatment includes, but is not limited to, chipping, mulching and spraying herbicides.

The Contractor shall also provide a computerized monthly report to the Town Engineering Division of the Public Works Department by the fifteenth day of each month that summarizes the hazardous fuels work needed for each road. This report shall be broken down by road name and be separate from the Hazardous Fuels Reduction.

Monthly Hazardous Fuels Reduction Report
The contractor shall perform the following inspections:

1. Work performed – The contractor will report location where work has been performed in previous month. The report shall include:
a. Date of work
b. Road names where work was performed in ascending order c. Begin and end work locations with GPS coordinates in decimal degrees carried to 5 decimal places (e.g. -121.12345, 39.12345)
d. Description of work performed
i. Chipping
ii. Spraying
iii. Mulching
iv. Etc.
e. Weather conditions

2. Miscellaneous
a. Report all problems encountered and action taken to resolve problem.

3. Preceding Month – The contractor shall report proposed work for the preceding month. The report shall include:
a. list of proposed roads the work will be performed on b. landscaped areas to be avoided
c. No spray zones to be avoided
d. Proposed Hazardous Fuel Operations
i. Chipping
ii. Spraying
iii. Mulching
iv. Etc.

Bi‐Annual Hazardous Fuels Reduction Report
In addition to the monthly maintenance report, the Contractor shall submit a report that will include all of the following elements.

1. List of roads or area work is to be performed.
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a. Acceptable formats include, excel, GIS shape fille, KMZ or other approved by the Town Engineer.

2. Proposed operations for the preceding (6) six months i. Chipping
ii. Spraying
iii. Mulching
iv. Etc.

3. Miscellaneous
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APPENDIX B – CONTRACT INITIATION TASK LIST
Upon commencement of the contract, the Contractor shall undertake a Hazardous Fuels Reduction task list.

These one-time items of work shall be performed within the first three months of the contract. Payment for this work will be per lump sum price provided in the proposal fee schedule.

Task Description
01 Perform inventory of all Town Maintained Roads and develop recommended Hazardous Fuels Plan
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APPENDIX C – TOWN MAINTENANED ROADS
Road No. Road Name From To Miles
57424 Academy Drive Pearson Road Nunneley Rd. Ext. 0.26 Acorn Ridge Drive Chandler Drive End 0.45
Alexander Court
Bille Road
Extension End 0.06
56411 Almond Street Fau Foster Road Elliott Rd. 0.61
Alpine Court De Mille Road End 0.12
American Way State Highway 191 End 0.15
55445-B Angel Way Newland Road 290's/o Pearson 0.24
55435-H Apple Lane Foster Road End 0.22
Apple View Way Pentz Road End 0.23
62446-A Arany Court Pentz Road End 0.13
55465-K Arrowhead Court End Pentz Road 0.11
58425-B Aster Lane Camellia Drive End 0.03
62445-B Bader Mine Road Skyway
Paradise Town
Limit 0.26
Bartels Place Redbud Valley View Drive 0.08
55435-B Bella Vista Avenue Paloma Avenue Del Monte Avenue 0.12 60455-F Bellview Drive Wagstaff Road End 0.20
55443 Bennett Road Anchor Way So. Libby Road 0.39
59435-A Berkshire Avenue Hillside Dr. Diamond Avenue 0.32 58345-A Berkshire Way End Bille Road 0.18
Bille Road Extension Pentz Road
200' e/o Alexander
Ct 0.24
58401 Bille Road FAU Cliff Drive Skyway 1.22
58401 Bille Road FAU Skyway Pentz Road 1.86
57425-F Birch Street Black Olive Drive Skyway 0.23
55415-C Black Olive Drive Skyway Foster Road 0.25
54625-B,C Black Olive Drive Foster Road Willow Street 0.56 55475-G Blue Danube Drive Xeno Place Country Club Drive 0.09 Bonnie Lane Nunneley Road End 0.14
57415-K Boquest Boulevard Boquest Boulevard Skyway 0.48 60455-C Brook Way Twin Oaks End 0.30
58435-K Brookwood Circle End Clark Road 0.05
56421 Buschmann Road FAU Foster Road State Highway 191 1.02 57465-A Butte View Terrace Pearson Road End 0.25
Cabernet Lane Clark Road Gate Lane 0.10
58425-A Camellia Drive Oliver Road Oliver Road 0.36
Camino Elliott Road End 0.10
62446-C Candlewood Court End Gate Lane 0.03
58405-F Castle Drive Cliff Drive Oliver Road 0.58
57455-J Cathy Lane Pearson Road End 0.10
57425-D Cedar Street Black Olive Drive Almond Street 0.07 58425-G Center Street Skyway End 0.13
58435-B Central Park Drive Maxwell Drive Clark Road 0.55 184

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Chandler Drive Redbud Drive Pinewood Drive 0.34
Road No. Road Name From To Miles
57465-E Cherry Lane Pearson Road End 0.25
Chris Court Nedry Drive End 0.07
55414-H Circlewood Drive Filbert Street Circlewood Drive 0.55 55414-H Circlewood Drive Neal Road Filbert Street 0.42
57451 Clark Road FAU Pearson Road Skyway 3.52
55475-H Clearview Drive Xeno Place Stearns Road 0.13
58391 Cliff Drive FAU Castle Drive Bille Road 0.28
56425-H College Hill Road Pearson Road Pearson Road 0.25 57475-B Conifer Drive Pentz Road End 0.22
57455-A Copeland Road Nunnely Road Elliott Road 0.25
58435-N Coral Avenue Coral Extension Bille Road 0.10
58435-P Coral Circle Coral Avenue End 0.03
55475-C Country Club Drive Pentz Road Stearns Road 0.83 Country Oak Drive Himmel Street Sawmill Road 0.23
55475-D Crandall Way Pentz Road Pentz Road 0.26
57413 Crestmoor Drive End Valley View Drive 0.44
57415-B Crestview Drive End Valley View Drive 0.68
57415-D Crestwood Drive Crestview Drive Crestview Drive 0.27 Danika Court
Bille Road
Extension End 0.06
Dawnridge Court Country Oak Drive End 0.09
60465-B Dean Road Pentz Road 500' n/o Dean Pl. 0.58
58455-F Debbie Lane Elliott Road End 0.12
59415-F Deer Creek Lane Lucky John Road Posey Lane 0.19 58455-E Del Mar Avenue Elliott Road End 0.25
55435-E Del Monte Avenue Bella Vista Avenue Buschmann Rd. 0.04 Delia Way North Libby Road End 0.17
55465D De Mille Road De Mille Road Stearns Road 0.52
55463 De Mille Road De Mille Road Pentz Road 0.24
57455-B Deodara Way Ingalls Road End 0.12
59435-B Diamond Avenue End Wagstaff Road 0.39
58425-C Dogwood Lane End Camellia Drive 0.04
60455-A Dolores Drive Wagstaff Road End 0.08
59455-C Dolores Drive Wagstaff Road 850' s/o Wagstaff 0.17 55475-A Drendel Circle Stearns Road Stearns Road 0.47
Easy Street State Highway 191 End 0.14
55465-A Edgewood Lane End of Pavement Pearson Road 0.76 58425-F Edwards Lane
248' West of Ripley
Ln Ripley Lane 0.05
El Toro Court Zenith Lane End 0.06
58431 Elliott Road FAU Skyway Cameron Court 2.04
58424 Elliott Road Oakmore Drive Skyway 0.25
60425-A Evergreen Lane Wagstaff Road End 0.13
Ewald Court Clark Road End 0.09
Falcon's View Court Country Club Dr. End 0.08
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58435-D Fairview Drive Maxwell Drive Maxwell Drive 0.26 Feather Rock Court Falcon's View Court End 0.04
Road No. Road Name From To Miles
57465-G Fickett Lane End Pentz Road 0.45
55415-A Filbert Street Roe Road Sunburst Street 0.56
60420-G Firland Drive End Skyway 0.19
57423 Fir Street Black Olive Drive Skyway 0.18
57415-G Fir Street End Boquest Boulevard 0.10
59455-E Forest Circle End Forest Lane 0.08
59455-B Forest Lane Bille Road 230' n/o Forest Cir. 0.32 55423 Foster Road Almond Street Pearson Road 0.10
55423 Foster Road Pearson Road Skyway 0.20
55421 Foster Road FAU Roe Road Almond Street 0.74
55435-F Foster Road Wayland Road Roe Road 1.20
58455-B Fox Road Hazel Way Sawmill Road 0.08
Freestone Court Sawmill Road End 0.10
55455-K Garden View Lane End Newland Road 0.03
62446-B Gate Lane End Pentz Road 0.50
60445-H Ginny Lane End Pentz Road 0.15
55445-A Glen Circle Pearson Road Pearson Road 0.14
55445-C Glen Drive End Pearson Road 0.26
55445-D Glen Park Lane Glen Drive Glen Circle 0.09
55445-E Glen Way End Glen Drive 0.04
57455-L Golden Oaks Road End Nunneley Road 0.11
59415-A Graham Road Bille Road Wagstaff Road 0.50
55415-E Green Oaks Drive End Filbert Street 0.22
58435-C Greenwood Drive Maxwell Drive Central Park Drive 0.29 60425-C Gregory Lane Wagstaff Road End 0.15
55435-K Grinding Rock Road End Neal Road 0.23
55465-E Harrison Road Malibu Drive Stearns Road 0.62
59435-D Harvey Road Bille Road Wagstaff Road 0.50
58455-C Hazel Way End Mabelle Way 0.32
55445-H Heavenly Place Angel Drive Angel Drive 0.18
57465-F Henson Road
370' w/o Butte View
T Butte View Terrace 0.07
55415-D Hickory Way Circlewood Drive End 0.15
56425-D Highland Lane Sierra Park Drive Scottwood Road 0.09 55475-E Hillpark Lane Pentz Road End 0.25
Himmel Street Bille Road Country Oak Drive 0.23
Hollis Hill Drive Chandler Drive Acorn Ridge Dr. 0.12
Hollybrook Drive Pentz Road End 0.11
54343 Honey Run Road Para. Town Limit Honey Run Road 1.50 58341 Honey Run Road FAU Honey Run Road Skyway 0.18
57455-E Ingalls Road Nunneley Road Elliott Road 0.25
55475-F Joseph's Court End Country Club Drive 0.08
60465-E June Way End Shay Lane 0.14
56425-F Keith Road Buschmann Rd. Sierra Park Drive 0.13 186

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57455-K Kenglo Drive Nunneley Road End 0.11
57465-C Kibler Road Nunneley Road Young Avenue 0.76
Road No. Road Name From To Miles
Laguna Court Malibu Drive End 0.11
59455-A Lancaster Drive Bille Road Lancaster Drive 0.41 58405-C Laurel Drive Castle Drive Bille Road 0.25
55465-B Lillian Avenue End Pentz Road 0.13
56415-C
Little Grand Canyon
Drive End Honey Run Road 0.27
57415-F Locksley Court Yorkshire Drive End 0.07
62445-C Lofty Lane Skyway End 0.17
59411 Lucky John Road FAU Bille Road Wagstaff Road 0.51 58455-D Mabelle Way Hazel Way Sawmill Road 0.08
59415-D Madrone Way Oliver Road Graham Road 0.26
Malibu Drive Royal Canyon Drive End 0.64
58435-E Maple Park Drive Clark Road Maple Park Drive 0.49 58435-G Maxwell Drive Elliott Road Skyway 0.60
57465-K Maxwood Drive Young Avenue Vista Knolls Drive 0.20 McKale Road State Highway 191 End 0.15
Melene Court Country Oak Drive End 0.06
60465-C Merrill Road Pentz Road End 0.51
57453 Middle Libby Road Pearson Road Nunneley Road 0.29 60425-E Molokai Drive Ridgecrest Drive End 0.09
60423-B Montna Drive Skyway Montna Drive 0.62

Mountain Meadow
Court Country Oak Drive End 0.06
55411 Neal Road FAU Roe Road Skyway 0.93
46312 Neal Road Para. Town Limit Roe Road 0.75
Nedry Drive Merrill Road End 0.10
57455-C Newland Road Pearson Road Nunneley Road 0.25
55445-F Newland Road Pearson Road Pearson Road 0.82
57455-E Newman Avenue Pearson Road Paradise Avenue 0.17 58455-H Nielsen Court Nielsen Drive End 0.04
58455-G Neilsen Drive End Elliott Road 0.22
58455-A North Libby Road Elliott Road Bille Road 0.75
57475-A Norwood Drive Pentz Road FAU Johnson Drive 0.22 57415-S Nottingham Drive Yorkshire Drive Crestview Drive 0.17 57415-T Nottingham Park Crestview Drive End 0.12
57455-D Nunneley Road Clark Road Sawmill Road 1.00
57465-D Nunneley Road Sawmill Road Homestead Place 0.50 57414
Nunnely Road
Extension Academy Drive Clark Road 0.52
59431 Oak Way FAU Bille Road Wagstaff Road 0.50
57415-L Oakmore Drive Elliott Road Crestview Drive 0.30 55415-B Oakwood Lane Skyway Foster Road 0.16
58421 Oliver Road FAU Skyway Wagstaff Road 1.14
55405-B Orchard Drive Foothill Road Pacific Drive 0.21
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55405-A Pacific Drive
850' w/o Orchard
Dr. Orchard Drive 0.16
55435-C Paloma Avenue End Buschmann Road 0.17
Road No. Road Name From To Miles
60455-E Pamela Drive End Bellview Drive 0.14
57455-G Paradise Avenue Pearson Road End 0.13
Paradisewood Drive Pentz Road End 0.21
55445-J Park Way Drive End Bennett Road 0.16
60445-B Parkwood Way Wagstaff Road End 0.09
57421 Pearson Road FAU Skyway Clark Road 1.00
57421 Pearson Road FAU Clark Road Pentz Road 2.49
45471 Pentz Road FAU Town Limits Pearson Road 1.20
45471 Pentz Road FAU Pearson Road Skyway 3.45
57415-E Pine View Drive Elliott Road End 0.22
Pinewood Court Pinewood Drive End 0.04
Pinewood Drive Redbud Drive End 0.44
Pintail Court Foster Road End 0.06
Point West Drive Valley Ridge Drive End 0.17
58425-D Poppy Lane End Camellia Drive 0.04
59415-E Posey Lane Bille Road Deer Creek Lane 0.19
55405-D Princeton Circle End Princeton Way 0.04
55405-C Princeton Way End Skyway 0.17
Puddle Duck Court Paradisewood Drive End 0.06
57425-G Queen Drive End Elliott Road 0.13
57415-C Rankin Way Crestmoor Drive End 0.16
56425-G Recreation Drive Buschmann Road ETMR (at gate) 0.08 57415-A Redbud Lane End Crestmoor Drive 0.53
57465-J Redwood Lane Vista Knolls Drive Maxwood Drive 0.06 60465-A Rexdale Lane Merrill Road End 0.08
55465-H Richmond Road De Mille Road End 0.07
60425-F Ridgecrest Drive Montna Drive End 0.09
58425-E Ripley Lane Edwards Lane Bille Road 0.25
58405-G Roberts Road
West Wagstaff
Road Oliver Road 0.13
60455-D Robin Place End Bellview Drive 0.04
60441 Rocky Lane FAU Wagstaff Road Skyway 0.50
55403 Roe Road Foster Road End 0.45
55401 Roe Road FAU Neal Road Foster Road 1.42
57415-H Rose Lane Redbud Drive Crestmoor Drive 0.15
Royal Canyon Drive Country Club Drive End 0.20
Royal Court Pinewood Drive End 0.08
Royal Point Drive Point West Drive End 0.08
56415-B Russell Drive Skyway Skyway 0.13
55465-G Salida Circle End Salida Way 0.03
55465-F Salida Way End Pentz Road 0.21
56453 Sawmill Road End Pearson Road 0.50
56451 Sawmill Road FAU Pearson Road Bille Road 1.53
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59445-F Sawmill Road Bille Road Country Oak Drive 0.24
59435-L Saxberg Drive End Clark Road 0.13
56415-A Schmale Lane Skyway End 0.16
Road No. Road Name From To Miles
55415-J Scott Drive End Foster Road 0.10
56425-E Scottwood Road Buschmann Road Pearson Road 0.25 55435-A Scottwood Road Kinsey Way Buschmann Road 0.88
57425-E Scottwood Road Pearson Road East Oak Street 0.10 Sequoia Court Rocky Lane End 0.10
57425-L Shadowbrook Way End Clark Road 0.09
60465-D Shay Lane End Merrill Road 0.34
56425-C Sierra Park Drive Buschmann Road Pearson Road 0.28 51261 Skyway FAU
Paradise Town
Limits
Paradise Town
Limits 6.30
51261 Skyway FAU
Paradise Town
Limits Skyway 1.23
55445-G South Libby Road Bennett Road Pearson Road 0.85 Starlight Court Neal Road End 0.16
55475-B Stearns Road Pentz Road Country Club Drive 0.31 55465-C Stearns Road Pearson Road Pentz Road 1.30
55415-L Sunburst Drive Hickory Way End 0.22
58405-D Sunset Drive Cliff Drive Oliver Road 0.51
Sweetbriar Lane Pentz Road End 0.08
60465-P Sylmar Lane Merrill Road End 0.06
57465-B Sylvan Way Sawmill Road End 0.25
58435-J Tahoe Way End Clark Road 0.12
59415-B Thomasson Lane
Lucky John Road
FAU Skyway 0.41
55465-J Thornburg Road De Mille Road End 0.09
55475-G Tokay Court End Country Club Drive 0.10
55415-G Topaz Circle End Circlewood Drive 0.05
Trafalgar Square Country Club Drive End 0.11
57415-N Tranquil Drive Redbud Drive Crestmoor Drive 0.20 60455-B Twin Oaks Drive Wagstaff Road End 0.18
57415-Q Valley Ridge Drive Valley View Drive Valley View Drive 0.79 58381 Valley View Drive FAU Bartels Place Oliver Drive 1.55 57415-M Valstream Drive End Oakmore Drive 0.04
Vineyard Drive Pentz Road End 0.13
57425-J Violet Way Queen Drive End 0.03
57465-H Vista Knolls Drive End Bille Road 0.24
60425-D Waggoner Road Lucky John Road End 0.34
58411 Wagstaff Road FAU Oliver Road Skyway 1.10
58411 Wagstaff Road FAU Skyway Pentz Road 1.55
55435-G Wayland Road Neal Road Foster Road 1.41
58405-E West Wagstaff road Bille Road Roberts Road 0.30 57415-J Wildwood Lane End Skyway 0.18
57425-K Willow Street Black Olive Drive Almond Street 0.06 189

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57425-H Windsor Drive Queen Drive End 0.03
58435-M Woodbrook Circle End Clark Road 0.04
55475-J Xeno Place End End 0.19
57415-R Yorkshire Drive Pinewood drive Rankin Way 0.36
Road No. Road Name From To Miles
55475-H York Towne Manor Pentz Road End 0.12
57465-L Young Avenue Maxwood Drive Kibler Road 0.12
Zenith Lane Dean Road End 0.11
Total 98.48
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APPENDIX D – HUD SECTION 3
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APPENDIX E – FHWA Form 1273, Federal Aid Contract Provisions 203

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APPENDIX F – ADDITIONAL FEDERAL PROVISIONS‐ FEMA FUNDED 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 Contract:

1. Remedies:

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.

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 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 Contractor under this Contract or any other Contract between the Town and the Contractor.

2. Equal Employment Opportunity. As provided under 41 CFR § 60-1.4(b) 218

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Key Definitions
Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 219

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(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency 220

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and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant, and refer the case to the Department of Justice for appropriate legal proceedings.

3. 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.

4. Compliance with the Contract Work Hours and Safety Standards Act 40 U.S.C. 3701–3708 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section 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
(3) 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. (4) 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.
(5) 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. (6) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) 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.

5. 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 222

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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. (1) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

6. 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 Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, 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 Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, 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. 223

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

8. Suspension and Debarment
The Town does not employ vendors or contractors who are listed on the National World Wide Web Site System for Award Management (sam.gov) by Federal General Services Administration (GSA) for the purpose of disseminating information on parties that are debarred from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. (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 at
(2) 2 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). (3) 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.
(4) 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.
(5) 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."
Debarment Certification

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier 224

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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. Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION,

READ INSTRUCTIONS ON PAGES TWO AND THREE BELOW)

1. The prospective lower tier participant 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.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Firm Name:
______________________________________
Name and Title of Authorized Representative:
______________________________________
Signature of Authorized Representative:
______________________________________
Date:
______________________________

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9. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended) Contractors 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 recipient. 226

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10. 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 EPA-designate items is available at https://www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products ."

11. Additional FEMA Requirements
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.

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.

12. 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.

13. Compliance with Federal Law, Regulations, and Executive Orders 227

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This is an acknowledgement that FEMA financial assistance will be used to fund the Contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

14. 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.

15. 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.

By execution of this CONTRACT including this Attachment 1 the Contractor certifies that compliance with all the stated regulatory requirements as stipulated and where action is appropriate and required as a means of compliance, shall endeavor in good faith to conform to regulations and in no way are they connected to any federal, state or local debarment proceedings.

APPENDIX G – PROPOSED CONTRACT AGREEMENT
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229

Town of Paradise
Council Agenda Summary
Date: September 9, 2025
Agenda Item: 6(d)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Eric Reinbold, Acting Town Manager
SUBJECT: Request for Proposals for Long Term Community Recovery Plan Update

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Consider authorizing Town Staff to issue a Request for Proposals (RFP) to update the Long-Term Community Recovery Plan. (ROLL CALL VOTE)
Background:

At the March 2024 Council meeting, Paradise Town Council approved Resolution 2024-18 authorizing Town Staff to submit a resolution to the Community Development Block Grant Disaster Recovery Mitigation -Planning and Public Services (CDBG DR MIT-PPS) program for 3 specified projects totaling $1.5 Million. $1.5 Million is the per-applicant maximum for this program.

The application included the following:

1. $500,000 for an update to the Town’s Long Term Community Recovery Plan

2. $500,000 for additional in-home units for the siren system

3. $500,000 for Public Services, which would allow the Town to offer grants to community groups doing mitigation work in the community.

The first project was awarded to the Town and a Standard Agreement has been signed. The second and third projects are still pending final approval.

Analysis:

Now that the project has been funded through CDBG DR MIT PPS, the next step is to issue a request for proposals (RFP) for a qualified firm to complete the update. The scope of work for the update is as follows:

The selected contractor will be responsible for:

1. Project Management & Coordination
o Work with Town staff to establish project timelines, milestones, and deliverables. o Provide regular progress updates and attend coordination meetings.

2. Review & Assessment
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o Review the 2019 LTCRP, the 2022 update, and other relevant planning documents.
o Assess accomplishments, ongoing projects, and unmet needs. o Identify emerging challenges, opportunities, and trends relevant to Paradise’s recovery and growth.

3. Community Engagement
o Design and implement a robust community engagement process, including public meetings, workshops, surveys, and stakeholder interviews. o Ensure participation from a diverse cross-section of residents, businesses, and organizations.
o Document community input and integrate findings into the updated plan.

4. Plan Development
o Develop an updated Long-Term Community Recovery Plan that includes:
 A renewed vision statement for the future of Paradise.  Strategies for economic recovery and development, including downtown revitalization and small business support.
 Strategies for housing recovery, quality of life improvements, and community resilience.
 Integration of best practices in fire-adapted community design and disaster preparedness.
 Action steps, responsible parties, potential funding sources, and performance metrics.
o Ensure the plan is visually engaging, accessible, and easy to understand.

5. Final Deliverables
o Draft LTCRP Update for review by Town staff and Council. o Final LTCRP Update incorporating feedback from the Town and community. o Executive summary, presentation materials, and outreach materials for public release.
o Digital files in editable formats (Word, InDesign, etc.) and a web-ready version of the plan.

Financial Impact:

There are no new financial impacts to the general fund associated with this item. This grant program funds projects at 100% with no required match.
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TOWN OF PARADISE REQUEST FOR PROPOSALS
For

LONG TERM COMMUNITY RECOVERY PLAN UPDATE
Colette Curtis
Recovery and Economic Development Director
Town of Paradise
5555 Skyway
Paradise, CA 95969
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Request for Proposal Town of Paradise Page 2 of 12
1) RESPONDENT ADMONISHMENT
Respondents are reminded that it is their responsibility to:
 Read carefully all of the content of this entire document and address all requirements and follow all procedures of this Request for Proposal (RFP).  Ask for clarification before final due date of questions.  Immediately inform the Town of any problems with this Solicitation.  Be complete in response.
 Submit all responses by the required dates and times. 2) INTRODUCTION
The Town of Paradise is seeking proposals from qualified consulting firms to complete an update to the Long Term Community Recovery Plan.

The Town of Paradise intends to award a contract to a firm that will meet our qualification criteria and has successfully performed services on similar projects in the past. The successful firm will be required to enter into a contract with the Town for the services requested in this Request for Proposals (RFP) within a reasonable time after award. A firm submitting a proposal must be prepared to use the Town's standard contract form. The contract will include terms appropriate for this project. Generally, the terms of the contract will include, but are not limited to: (1) completion of the project within the timeframe provided; (2) no additional work authorized without prior written approval; (3) no payment without prior written approval; (4) funding availability; (5) termination of contract under certain conditions; (6) indemnification of the Town; (7) approval by the Town of any subcontractors; and (8) minimum appropriate insurance requirements.
3) BACKGROUND
The Town of Paradise experienced unprecedented devastation in the 2018 Camp Fire, which destroyed over 18,000 structures and claimed 85 lives. In 2019, the Town adopted its first Long-Term Community Recovery Plan (LTCRP), which served as a blueprint for rebuilding and recovery. That plan was updated in 2022 to reflect progress, new opportunities, and evolving community priorities.

The Town of Paradise now seeks to update the LTCRP again to guide the next phase of recovery and define a vision for a resilient, thriving future. This update will build on prior work, celebrate accomplishments to date, and chart a course for sustainable economic growth, fire-resilient living, and the continued revitalization of Paradise. 4) SCOPE OF SERVICES
The Long Term Community Recovery Plan update should meet the following overall goals:
 Define a forward-looking vision for Paradise as a resilient, economically vibrant, and fire-adapted community.
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 Position Paradise as a leader in wildfire resilience and disaster recovery for other communities nationwide.
 Support economic recovery, with emphasis on a thriving downtown, commercial corridors, and job growth opportunities.
 Incorporate community input and reflect the values and aspirations of Paradise residents, businesses, and partners.
 Provide clear, actionable strategies that are realistic, measurable, and implementable.

Scope of Work
The selected contractor will be responsible for:

1. Project Management & Coordination
o Work with Town staff to establish project timelines, milestones, and deliverables. o Provide regular progress updates and attend coordination meetings.

2. Review & Assessment
o Review the 2019 LTCRP, the 2022 update, and other relevant planning documents.
o Assess accomplishments, ongoing projects, and unmet needs. o Identify emerging challenges, opportunities, and trends relevant to Paradise’s recovery and growth.

3. Community Engagement
o Design and implement a robust community engagement process, including public meetings, workshops, surveys, and stakeholder interviews. o Ensure participation from a diverse cross-section of residents, businesses, and organizations.
o Document community input and integrate findings into the updated plan.

4. Plan Development
o Develop an updated Long-Term Community Recovery Plan that includes:
 A renewed vision statement for the future of Paradise.  Strategies for economic recovery and development, including downtown revitalization and small business support.
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Request for Proposal Town of Paradise Page 4 of 12
 Strategies for housing recovery, quality of life improvements, and community resilience.
 Integration of best practices in fire-adapted community design and disaster preparedness.
 Action steps, responsible parties, potential funding sources, and performance metrics.
o Ensure the plan is visually engaging, accessible, and easy to understand.

5. Final Deliverables
o Draft LTCRP Update for review by Town staff and Council. o Final LTCRP Update incorporating feedback from the Town and community. o Executive summary, presentation materials, and outreach materials for public release.
o Digital files in editable formats (Word, InDesign, etc.) and a web-ready version of the plan.

6. Budget
o Funding for this project is through the Community Development Block Grant – Disaster Recovery – Mitigation – Planning and Public Services (CDBG DR MIT PPS), which is a congressional appropriation awarded by the Department of Housing and Urban Development (HUD) at the Federal level, and administered through the California Department of Housing and Community Development (HCD).
o Consultant shall submit a cost for their work which does not exceed $400,000.00. 5) FORMAT FOR PROPOSALS
Responses to the Request for Proposals must be made according to the requirements set forth in this section, both for content and for sequence. Failure to adhere to these requirements, or inclusion of conditions, limitations or misrepresentations in a response may be cause for rejection of the submittal. Use 8-1/2” x 11” sheets (fold outs are acceptable for charts, etc.). Type size must be large enough to be easily legible, but shall not be smaller than 10 point. The Town shall receive all Submissions no later than Friday October 3, at 4pm.
a) The response shall include a cover letter, a table of contents and all items listed below and shall be in the following format:
 Submit an electronic copy directed only to Colette Curtis at [email protected]. Vendors are encouraged to keep their submittals to less then 10MB in size to ensure delivery.
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 The Town shall receive all submissions no later than 4:00PM on Friday, October 3, 2025.
 Submissions shall be in the order noted below.
 Submissions may also include color and fold out charts and graphs.

Mandatory Content and Sequence of Submittal:
i) Cover Letter shall be a maximum two-page Cover Letter and introduction, and shall include the name and address of the respondent submitting the proposal, together with the name, address and telephone number of the contact person who will be authorized to make representations for the respondent, the respondent's federal tax ID number and a list of subcontractors, if any.
ii) Table of Contents shall be a detailed Table of Contents and shall include an outline of submittal, identified by sequential page number and by section reference number and section title as described therein.
iii) Respondent’s Experience Summary shall be a maximum of eight pages (not including resumes) in length and shall describe the respondent’s experience in writing similar strategic plans or studies. A resume(s) should be included for any key personnel to be assigned to this project. The proposal shall also include the timeline for completing all required tasks. Describe related past projects completed along with a discussion comparing similarities with this proposed project.

This section shall also contain a comprehensive list of references preferably including municipalities or government agencies wherein similar services were performed. At a minimum, the following information must be included for each client reference:
 Client name, address, contact person name, telephone number, fax number and email address.
 Detailed description of services provided similar to the services outlined in the Draft Scope of Work.
iv) Firm Capabilities shall be a maximum of six pages entitled “Firm Capabilities”, and shall include a description of the proposing Respondent’s resources for successfully developing and completing this project. (Resources can include firm’s stability, staffing, support services, product quality/availability, method of delivery, etc.) v) Cost shall detail the cost portion of the proposal. Respondent shall provide pricing based on the expected services provided. Respondent shall provide an itemized breakdown by tasks and deliverables. Prices quoted shall be valid for at least ninety (90) days following the proposal submission deadline and if a contract is entered into as a result of this RFP, shall become fixed for the term of the contract.

If an hourly rate is quoted, the anticipated total number of hours should be included along with a not-to-exceed price for the project. Overall cost shall not exceed $400,000.00
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vi) Draft Scope of Work shall be identified as “Attachment III – Scope of Work” for incorporation in the Model Contract as the final contract to be awarded to the successful respondent. This is the document in which the proposing respondents are requested to describe the work they will perform to complete this project. Should there be any tasks that are expected to be performed by the Town, these should also be clearly described as Town tasks in the Draft Scope of Work. If the proposing respondent included a not-to-exceed price in the proposal, proposed billing rate for all reimbursable expenses should be included in the Draft Scope of Work. 6) SELECTION PROCESS
A selection team comprised of Town Staff will evaluate the proposals and make a recommendation to Paradise Town Council for award. The criteria for selecting the firm is provided below:
1) Reputation and Experience. Does the contractor have a reputation of being reliable, delivering on schedule, and performing tasks to the satisfaction of its clients? Does the contractor have sufficient experience in the work required? This will primarily be based on references and the background section of Contractor Capabilities, unique qualifications you present in Firm’s Experience Summary, but may also be based upon any information the Town may have first-hand or from a reliable source. (2) Capability and Availability of Staff. Does the designated firm have the qualified and experienced staff needed to perform this job within the timeline provided? This will primarily be based upon the staff presented, their qualifications, experience, resumes and personal references, but may also be based upon any information the Town may have first-hand or from a reliable source.
(3) Understanding Project Deliverables. Does the firm understand the issues and has it developed a relevant and effective approach? This will primarily be based upon the work plan you submit. It may also be based upon references and how they describe your approach, product, work style and ethics.
(5) Cost. Is the cost reasonable for the proposed task, and is the cost within the budget for this project?
(6) Previous Works Excerpts. Does the firm’s demonstrated experience exhibit a professional quality? This will primarily be based upon the example work cited, your website and any other representation of your firm in terms of professional caliber. (7) Overall Impression. This category will be a composite of each Panel member’s comprehensive assessment and opinion of the entire presentation by your firm. 237
Request for Proposal Town of Paradise Page 7 of 12
7) SUBMITTAL EVALUATION
Overall criteria used to evaluate responses may include:

Criteria Weight
Reputation & Experience 25%
Capability & Availability of Staff 20%
Understanding Project Deliverables 20%
Cost 15%
Previous Work Excerpts 15%
Overall Impression 5%
Total: 100%
Selection may consist of two levels of review. Level I will consist of evaluating the proposals for the purpose of establishing the most qualified respondents. The selection team may choose to interview the top scoring proposals to make a final decision. The interview may be conducted virtually.

The Town may discuss the proposals and negotiate modifications of the proposal, draft scope of work, terms and conditions and pricing with the prospective firms as a part of the selection process.
8) RULES OF PROCUREMENT
Anticipated Time-Line
Event Anticipated Date/Time (Subject to Change)
Solicitation Publication September 11, 2025
Final Date to Summit Questions and Requests for Clarification September 25, 2025, at 5:00pm Questions Answered via Addendum(s) September 30, 2025
RFP Submittals Due October 3, 2025, at 4:00pm
Preliminary Evaluation Completed October 23, 2025
Presentation/Demonstration (if desired) October 27-30, 2025 Evaluation Completion October 30, 2025
Award of Contract November 12, 2025
Town Contact Information
Any and all communication regarding this Solicitation shall be in email and directed to:
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Request for Proposal Town of Paradise Page 8 of 12
Colette Curtis
Recovery and Economic Development Director
Town of Paradise
5555 Skyway
Paradise, CA 95969
530.872.6291 x 112
[email protected]
This person will serve as the Town’s contact person for this project who will also respond directly for questions and inquiries during the solicitation. Do not contact other Town personnel or selection committee members regarding this project or the selection procedures.

Firms interested in participating in this solicitation are encouraged to register at the Public Purchase website: www.publicpurchase.com.

Questions:

Questions and requests for clarification may only be submitted by e-mail. Verbal and phone inquiries will not be answered. All questions and requests for clarification shall be submitted no later than 09/25/2025 at 5:00 pm. The Town will provide answers and clarifications via email by September 30 at 5pm.
9) TOWN NOTICES
All proposing firms responding to this RFP should note the following:
a) All work performed for Town of Paradise, including all documents associated with the project, shall become the exclusive property of Town of Paradise. b) The selected firm is expected to perform and complete the project in its entirety. c) Any and all costs including travel, arising from development and delivery of a response to this RFP incurred by any proposing firm shall be borne by the firm without reimbursement by Town of Paradise.
d) The selected Respondent shall remain an independent Contractor, working under his/her own supervision and direction and is not a representative or employee of Town of Paradise. The Respondent agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Contract.
e) The opening of proposals in response to this Solicitation is not subject to attendance by the general public. This restriction is necessitated by the fact that the contract award is subject to negotiations, and it would be unfair for competing companies to know the prices quoted by one another.
f) The successful Respondent must be prepared to begin work promptly following execution of the contract and is expected to complete the project in its entirety. 239
Request for Proposal Town of Paradise Page 9 of 12
g) Issuance of this Solicitation in no way constitutes a commitment by the Town to award a contract. If the Town determines it is in its best interest to do so, no Respondent may be selected and no contract may be executed.
h) Upon acceptable negotiations and contract award, the Respondent shall be required to execute the standard Town Contract as provided in Exhibit A and comply with Town insurance requirements. The Town may modify the contractual requirements of the contract prior to execution of a contract for services. i) The Town reserves the right to request additional information from Respondents that have submitted a response to this Solicitation and to enter into negotiations with more than one Respondent should a contract be awarded or to award a purchase order or contract to the Respondent(s) with the most favorable quotation without conducting negotiations. The Town reserves the right to award more than one contract if it is in the best interest of the Town.
j) The Town reserves the right to reject any or all submittals received if the Town determines that it is in its best interest to do so. Further, the Town may cancel or amend this Solicitation at any time and may submit similar solicitations in the future. k) The Town may reject any submittal that does not meet all of the mandatory requirements of this Solicitation, is conditional or is incomplete.
l) The Town may request clarification of any submitted information and may request additional information on any or all responses provided and may waive minor inconsistencies deemed to be irrelevant.
m) Firms that submitted a proposal in response to an RFP but were unsuccessful in their attempt to obtain a contract or recommendation for contract award may request a debriefing to learn the general reasons for selection of a competitor for contract award.

Requests for debriefings shall be directed to Colette Curtis at [email protected]
n) 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 the Town Clerk, 5555 Skyway Paradise, CA 95969. All protests must be made in writing, signed by an individual authorized to sign the submitted proposal, 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.

Respondent’s capabilities, project characteristics and/or pricing features that were not included in the firm’s proposal shall not be introduced during the protest process. The protest shall be submitted within seven (7) working days after such aggrieved firm knows or should have known of the facts giving rise thereto or within seven working days following the debriefing.
o) The withdrawal of any submittal must be made in writing prior to the required submission date and time, and must be signed by an authorized representative of the firm. An error in 240
Request for Proposal Town of Paradise Page 10 of 12
the submission may cause the rejection of that submittal. However, the firm may reissue a new or modified submittal prior to the date and time required for submission.

10)DISCLOSURE OF INFORMATION
All information and materials submitted to the Town in response to this RFP may be reproduced by the Town for the purpose of providing copies to authorized Town personnel involved in the evaluation of the proposals, but shall be exempt from public inspection under the California Public Records Act until such time as a Contract is executed. Bid awards are a matter of public record. Once a Contract is executed, proposals submitted in response to this RFP are subject to public disclosure as required by law. Your submission of a proposal is considered your consent to the Town’s disclosure of the proposal. The Town shall not be liable for disclosure of any information or records related to this procurement. 241
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Exhibit A

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Insurance Requirements
The Contractor, in advance of performing activities on the work under the Agreement between the Town and the Contractor, shall, at no expense to the Town, obtain the following insurance policies:

The Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor or Contractor’s agents, representatives, employees or subcontractors.

If applicable to Contractor, coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. Error and Omission Insurance: $1,000,000 in coverage.

Any deductibles or self-insured retention must be declared to and approved by the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the Town, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.

The general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
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Request for Proposal Town of Paradise Page 12 of 12

1. The Town, its officers, officials, employees, and volunteers shall be covered as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of project work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such project work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

2. For any claims related to this work, the Contractor’s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Town.

Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

Contractor shall furnish the Town with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Town or on other than the Town’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.

All liability insurance policies shall be maintained for the duration of work construction and for 3 years after completion of the work.

Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Town for all work performed by the Contractor, its employees, agents, and subcontractors. 243

Town of Paradise
Council Agenda Summary
Date: September 9, 2025
Agenda Item: 6(e)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Eric Reinbold, Acting Town Manager
SUBJECT: Paradise Sewer Project Progressive Design-Build Contract Options and Wastewater Treatment Facility Design Request for Qualifications

LONG TERM
RECOVERY PLAN:

Yes – Tier 1, Sewer
COUNCIL ACTION REQUESTED:

1. Consider reviewing options relating to administration of Progressive Design-Build Contract for the Town of Paradise Sewer Project between the Town of Paradise and Mountain Cascade, Inc. and delegate authority to the Town Attorney and Acting/Interim Town Manager to terminate the Progressive Design Build contract with Mountain Cascade, Inc. and take assignment of the Carollo subcontract, converting the project to a traditional design-bid-build; and

2. Review and approve RFQ 2025-003 Request for Qualifications for Paradise Sewer Project: Wastewater Treatment Facility Design Services; OR

3. Provide alternative direction. (ROLL CALL VOTE)
Background:

Since its incorporation in 1979, the Town of Paradise has sought a centralized wastewater system to address failing septic systems that impact public health, groundwater quality, and economic development. The need for sewer service became even more urgent following the 2018 Camp Fire, when the lack of modern wastewater infrastructure emerged as a major barrier to rebuilding businesses, housing, and community resiliency.

In 2022, the Town secured $30 million in CDBG-DR funds to begin pre-construction work, including environmental review, design, and permitting. To provide technical expertise, HDR was retained as Owner’s Agent, and a progressive design-build team was selected to develop a Basis of Design Report. That effort confirmed that a locally managed, phased sewer project was necessary to achieve both affordability and long-term community needs.

In January 2025, the Town Council formed a Sewer Project Ad Hoc Committee to evaluate local treatment and collection alternatives, with strong emphasis on public engagement and cost feasibility. The Committee, working alongside staff, HDR, and the Paradise Irrigation District, conducted community meetings, stakeholder workshops, site tours of other wastewater systems, and a technical alternatives analysis.
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This process resulted in the identification of three feasible alternatives, with Alternative 1—a hybrid gravity/low-pressure collection system, aerated lagoon wastewater treatment, and percolation/evaporation pond discharge—emerging as the most affordable, scalable, and permittable solution. On August 14, 2025, the Town Council unanimously approved proceeding with Alternative 1 and directed staff to advance environmental review, design, and funding actions needed to implement the project.

The Paradise Sewer Project is now advancing into its next phase, with near-term priority on delivering Phase 1 service in the downtown core and along the Skyway corridor. The project remains essential infrastructure to support Paradise’s recovery and long-term economic and housing development.

Analysis:

The Town’s existing contract with Mountain Cascade, Inc. (Progressive Design-Build (PDB) contractor) and its subconsultant Carollo Engineers (Designer) was initiated under the previous regional sewer approach. With Council’s selection of Alternative 1 and a reduced Phase 1 project scope, staff has reevaluated the most appropriate project delivery method moving forward.

Progressive Design-Build may no longer represent the best fit for the current needs, particularly with the emphasis on transparency and competitive bidding for construction.

Three options are available for contract administration:

1. Continue with the existing PDB contract – Mountain Cascade (Builder) and Carollo (Designer) continue under current structure.
o Pros: No contract changes required, continuity with existing team. o Cons: Less transparency in construction bidding, higher administrative complexity with reduced scope.

2. Terminate the PDB contract with MCI and take assignment of the Carollo subcontract, converting the project to a traditional design-bid-build. o Pros: Maintains design continuity with Carollo, ensures public transparency in construction bidding, reduces overall administrative burden. o Cons: Requires contract amendment and formal restructuring.

3. Terminate the current PDB contract and initiate a new procurement for traditional design-bid-build services.
o Pros: Fresh competitive process, full separation from PDB framework. o Cons: Increased schedule delay, additional administrative costs, potential loss of design momentum.

Staff strongly recommends terminating the PDB contract with MCI and taking assignment of the Carollo subcontract, converting the project to a traditional design-bid-build. Maintaining Carollo as the project designer under a traditional design-bid-build framework provides the best balance of continuity, efficiency, and transparency. This approach ensures public bidding for the reduced Phase 1 project while preserving the technical expertise already gained. Council is requested to delegate authority to the Town Attorney and Acting/Interim Town Manager to terminate the PDB contract with MCI, take assignment of the Carollo subcontract and make any necessary amendments to the Carollo subcontract. Any unforeseen changes relating to this action including cost implications would be returned to Town Council for consideration. 245
Separately, the existing PDB contract scope does not include design of a new Wastewater Treatment Facility. To address this gap, staff has prepared a Request for Qualifications (RFQ) for a qualified design team to work with Town staff and existing consultants under a traditional designbid-build delivery method. The draft RFQ is attached to this Agenda Summary. Staff is requesting direction to proceed with advertising. The estimated cost of these services, inclusive of engineering support during construction, is $5.5M. A recommendation for award of a design services contract will be brought to Council at the December 2025 meeting.

Financial Impact:

The Town of Paradise is currently utilizing a $30M planning grant through State of California Housing and Community Development via the CDBG-DR program. A breakdown of overall project funding and pursuits is provided below:

Secured Funding
(1) CDBG-DR APA-2 Design $30,000,000 (active for pre-construction) (2) CDBG-DR Town Allocation $35,000,000 (secured for construction) (3) CDBG-DR Town Allocation $36,700,000 (pending)
(4) EPA Community Grant $1,750,000 (pending)
Clean Water SRF Funding Opportunities
(5) Clean Water SRF (Grant) $28,097,669
(6) Clean Water SRF (Grant) $TBD Future
Secured & Probable Funding available for the whole project “Cost to Complete” Budget $121M (Sum of 1-5 minus $10M expended to date). The Total Cost to Complete of Alternative 1 is $114M.

Costs for the Wastewater Treatment Facility Design team as well as termination of the PDB Contract and assignment and amendment of the Carollo subcontract are included in the overall budget summary above.
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TOWN OF PARADISE

REQUEST FOR QUALIFICATIONS
FOR
PARADISE SEWER PROJECT:

WASTEWATER TREATMENT FACILITY DESIGN 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 2025-003
PUBLISH DATE:

SEPTEMBER 10, 2025
SUBMISSION DATE:

NO LATER THAN 4:00 PM OCTOBER 24, 2025
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THIS PAGE INTENTIONALLY LEFT BLANK
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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.......................................................................................................................................................................... 4 A-3. Minimum Qualifications......................................................................................................................................................... 5 A-4. Submittal Instructions ............................................................................................................................................................ 5 A-5. Bid Protest/Dispute ................................................................................................................................................................. 6 A-6. Public Records ............................................................................................................................................................................ 6 A-7. California Prevailing Wage Requirements..................................................................................................................... 7 A-8. Pre-award Audit ........................................................................................................Error! Bookmark not defined.

A-9. Minority-Owned Business Enterprise (MBE)/Women-Owned Business Enterprise (WBE).................. 7 A-10. Disclosure of Lobbying Activities....................................................................................................................................... 8 A-11. Task Order Procedure............................................................................................................................................................. 8 A-12. Disbarment .................................................................................................................................................................................. 8 B. Scope of Service............................................................................................................................... 8 B-1. Potential Projects ......................................................................................................Error! Bookmark not defined.

C. SOQ Format Requirements........................................................................................................10 C-1. Title Page ....................................................................................................................................................................................11 C-2. Cover Letter ...............................................................................................................................................................................11 C-3. Table of Contents.....................................................................................................................................................................11 C-4. Executive Summary................................................................................................................................................................11 C-5. Scope of Service .......................................................................................................................................................................12 C-6. Methodology Overview and Approach ..........................................................................................................................12 C-7. Staffing Plan and Organizational Chart .........................................................................................................................12 C-8. References ..................................................................................................................................................................................13 C-9. Design and Survey Compatibility standards ...............................................................................................................13 C-10. Required Forms .......................................................................................................................................................................13 D. Cost Proposal..................................................................................................................................13 E. Consultant Selection Process....................................................................................................13 F. Evaluation Criteria.......................................................................................................................14 G. Selection Procedures...................................................................................................................15 ATTACHMENTS......................................................................................................................A-1 249
Page II of IV
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-7 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-11 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 INSURANCE ......................................................................................................................................................A-19 ARTICLE XIX FUNDING REQUIREMENTS ..........................................................................................................................A-19 ARTICLE XX CHANGE IN TERMS............................................................................................................................................A-20 ARTICLE XXI CONTINGENT FEE ............................................................................................................................................A-20 ARTICLE XXII DISPUTES ............................................................................................................................................................A-20 ARTICLE XXIII INSPECTION OF WORK ...............................................................................................................................A-21 ARTICLE XXIV SAFETY ...............................................................................................................................................................A-21 ARTICLE XXV OWNERSHIP OF DATA ..................................................................................................................................A-21 ARTICLE XXVI CLAIMS FILED BY TOWN OF PARADISE’s CONSTRUCTION CONTRACTOR .......................A-22 ARTICLE XXVII CONFIDENTIALITY OF DATA..................................................................................................................A-22 ARTICLE XXVIII CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS......................................................................................................A-23 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION...........................................................A-23 ARTICLE XXX EVALUATION OF CONSULTANT ...............................................................................................................A-24 ARTICLE XXXI PROMPT PAYMENT FROM THE TOWN OF PARADISE TO CONSULTANT............................A-24 ARTICLE XXXII NOTIFICATION...............................................................................................................................................A-24 ARTICLE XXXIII CONTRACT.....................................................................................................................................................A-25 ARTICLE XXXIV SIGNATURES .................................................................................................................................................A-25 250
Page III of IV
EXHIBIT A SCOPE OF SERVICES .....................................................................................................................................A-26 EXHIBIT B COMPENSATION.............................................................................................................................................A-27 EXHIBIT C SCHEDULE OF PERFORMANCES .............................................................................................................A-28 EXHIBIT D INSURANCE PROVISIONS ...........................................................................................................................A-29 EXHIBIT E ADDITIONAL FEDERAL PROVISIONS ...................................................................................................A-32 B.Required LAPM Forms ................................................................................................................ 1 B.1 Caltrans Sample Cost Proposal – Contracts with Specific Rates of Compensation.Error! Bookmark not defined.

B.2 Caltrans Sample Cost Proposal: Sample Cost Proposal for Contracts with Prevailing Wages ...Error! Bookmark not defined.

B.3 Certification of Indirect Costs and Financial Management System Error! Bookmark not defined.

B.4 Byrd Anti-Lobbying Amendment Compliance and Certification ........................................................................... 2 B.5 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions......................................................................................................................................................................... 3 B.6 Consultant/Contractor Good Faith Efforts........................................................................................................................ 4 C.Additional Documents......................................................... C-Error! Bookmark not defined.

C.1 LAPM Exhibit 13-C: Consultant Selection Criteria and Guide .........C-Error! Bookmark not defined.

D. Project Fact Sheets...............................................................D-Error! Bookmark not defined. 251
Page IV of IV
Abbreviations
Abbreviation Meaning
A&E Architectural and Engineering
AASHTO American Association of State Highway and Transportation Officials ADA Americans with Disabilities Act
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
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.

Minority-Owned Business Enterprises: Minority-owned businesses as defined in 13 CFR Part 124.

Project: Paradise Sewer Project Wastewater Treatment Facility Town: Town of Paradise, a municipal corporation.

Women-Owned Business Enterprises: Women-owned businesses as defined in 13 CFR Part 127. 252
Town of Paradise Public Works Department
RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 1 of 15

REQUEST FOR QUALIFICATIONS
A. INSTRUCTIONS TO PROPOSERS
A-1. INTRODUCTION
The Town of Paradise (Town or Town of Paradise) requests qualifications from experienced consultants .

The Town of Paradise seeks to engage a qualified engineering design team to deliver professional services for the planning, design, and permitting of a new wastewater treatment facility (WWTF). The selected facility will utilize aerated lagoon treatment with land application discharge through percolation and evaporation ponds. This work is a critical component of the Paradise Sewer Project to restore community infrastructure following the 2018 Camp Fire and provide a fundable, permittable, and scalable wastewater solution.

The selected Proposer will become the Consultant and will work collaboratively with Town staff, the Town’s Owner’s Agent (HDR), and the Sewer Project Ad Hoc Committee to advance the project from 5% to 100% design and support the required environmental review process and regulatory approvals.

To design a Wastewater Treatment Facility that meets the design criteria listed below:
a) Aerated lagoon(s) secondary treatment
b) Average dry weather flow (ADWF) between 40,000 gallons per day (gpd) and 100,000 gpd c) Peak wet weather flow (PWWF) between 100,000 gpd and 300,000 gpd d) Influent wastewater characteristics of approximately 60-75% typical domestic wastewater and 25--40% septic tank effluent
e) Percolation/evaporation pond(s) for treated effluent discharge f) Compliance with the requirements of State Water Resources Control Board Order WQ 2014-0153- DWQ General Waste Discharge Requirements for Small Domestic Wastewater Treatment Systems, with a high threat total nitrogen effluent limit
g) Planning level design for phased future expansions or upgrades to treat up to up to 1.0 million gallons per day (MGD) ADWF. Future expansions or upgrades may utilize different treatment methods.

Background:

Since its incorporation in 1979, the Town has sought a formal wastewater treatment solution for the community, with service for commercial and densely populated residential areas being a priority. Failed and failing septic systems create public health and environmental concerns and have limited economic growth.

The Town has prepared numerous studies to address its need for a centralized wastewater treatment solution – focusing on areas of highest risk to environmental degradation associated with commercial and multi-family housing. The most recent proposed sewer service area included about 1,500 parcels, mostly along the Town’s commercial and evacuation corridors, shown in dark orange (right).

Since the 2018 Camp Fire, which destroyed nearly 19,000 structures and displaced most of the Town’s population, Paradise has faced the monumental task of rebuilding a safer, more resilient community. A key barrier to recovery has been the lack of a centralized sewer system, limiting the return of businesses and multi-family housing in key areas. The Paradise Sewer Project is now seen as essential infrastructure—not only to meet modern environmental standards and protect groundwater—but also to unlock long-term housing and economic recovery for the entire community. 253
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 2 of 15 To this end in 2022, the Town of Paradise secured $30 million for pre-construction phases of work (environmental, design, right of way, and permitting) through Community Development Block Grant Disaster Recovery Planning funds to facilitate the design phase of the Paradise Sewer Project. To augment staff capacity and bring necessary technical expertise, the Town of Paradise hired HDR to serve as their Owner’s Agent in the pursuit of a full project delivery team for design and construction. The intent of this work was to continue delivery of the regional approach to the project, constructing a full collection system for 1,500 parcels in Paradise and exporting the wastewater to the City of Chico’s Water Pollution Control Plant.

On October 30, 2023, staff issued a formal Request for Qualifications (RFQ 2023-005) utilizing formal selection procedures in compliance with Paradise Municipal Code, State and Federal requirements including regulations for typical federally funded projects as well as specific requirements utilizing CDBG-DR funds. The RFQ stated the scope of work for the Progressive Design Build Services and requested proposers provide their qualifications and experience and included price as a component.

As a result of that procurement, Paradise Town Council hired Mountain Cascade (contractor) and Carollo Engineers (design team) as the Progressive Design Build Team for the Paradise Sewer Project. The first step towards final project design is to establish a Basis of Design Report (BODR) which will inform the additional design phases of the project in a well thought out and consistent manner. During the BODR, the team studied all the previous Technical Memorandums, created a hydraulic model to analyze dry weather and wet weather flow rates, analyzed land uses and impacts to the system, specify pipe sizing, among other design considerations. The PDB also evaluated design alternatives within the collection system, made progress on environmental permitting and selected export pipeline alignments which minimize environmental impacts.

Concurrent to the preparation of the BODR, staff continued funding pursuits with the State Water Board Division of Financial Assistance as well as other state and federal advocacy efforts. As part of the development of the Basis of Design Report, staff learned the cost of completion of the regional project (design through system commissioning) would exceed $400M. Following critical project workshops with the State Water Board Division of Financial Assistance and Regional Water Quality Control Board, staff reached the conclusion that the project, as currently visioned, was financially infeasible.

On December 10, 2024, staff provided an update to the Town Council which shared a brief project and project cost history. Due to the complexities associated with building a ground-up utility in the lens of a recovering population base amongst historical cost increases, a revised project approach needed to be taken. Council and community feedback informed staff that the project remained critical to our recovery from the 2018 Camp Fire and that many businesses and residents are relying on its imminent completion.

On January 21, 2025, Paradise Town Council provided staff direction on project next steps to commence efforts to modify the Project Description for the Paradise Sewer Project from a regional connection to the City of Chico to a potential local treatment facility option. Further direction was provided to analyze potential alternatives for a phased project approach to reach the full intended Sewer Service Area.

Further, Council selected two Councilmembers (Mayor Steve Crowder and Councilmember Hiedi Lange) to serve on an Ad Hoc Committee, replacing the previously established Sewer Regionalization Project Advisory 254
Town of Paradise Public Works Department
RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 3 of 15 Committee between the Town of Paradise, City of Chico and Central Valley Regional Water Quality Control Board.

The Ad Hoc Committee and the Town’s Owner Agent solicited community and vendor input during Q1 2025 and participated in wastewater facility tours of agencies with representative treatment processes. The treatment alternatives available to the Town were narrowed down to three alternatives, which were presented at the Special Town Council on July 24, 2025:
 Alternative 1: Hybrid gravity/low-pressure collection system, aerated lagoon wastewater treatment, and percolation/evaporation pond effluent discharge. o A hybrid gravity and low-pressure (STEP) sewer collections system would include gravity trunk mains following primary conveyance corridors and low-elevation areas or properties connected to the primary gravity trunk mains via low-pressure service o Wastewater treatment using a series of aerated lagoons followed by a nitrification/denitrification process unit
o Treated effluent discharged to percolation/evaporation pond(s) for land discharge, regulated by a Waste Discharge Regulation (WDR) permit
 Alternative 2: Hybrid gravity/low-pressure collection system, membrane bioreactor wastewater treatment facility, and percolation/evaporation pond effluent discharge. o A hybrid gravity and low-pressure (STEP) sewer collections system would include gravity trunk mains following primary conveyance corridors and low-elevation areas or properties connected to the primary gravity trunk mains via low-pressure service o Wastewater treatment using a pre-engineered, pre-manufactured membrane bioreactor treatment facility
o Treated effluent discharged to percolation/evaporation pond(s) for land discharge, regulated by a Waste Discharge Regulation (WDR) permit
 Alternative 3: Hybrid gravity/low-pressure collection system, membrane bioreactor wastewater treatment facility, and surface water discharge.
o A hybrid gravity and low-pressure (STEP) sewer collections system would include gravity trunk mains following primary conveyance corridors and low-elevation areas or properties connected to the primary gravity trunk mains via low-pressure service o Wastewater treatment using a pre-engineered, pre-manufactured membrane bioreactor treatment facility
o Discharge treated effluent discharged to a local creek, regulated by a National Pollutant Discharge Elimination System (NDPES) permit
Alternative 1 was recommended by the Ad Hoc Committed for Town Council to approve. In the Special Town Council meeting on August 14, 2025, Town Council approved proceeding with Alternative 1.

Updated project information is available at Paradisesewerproject.com Resolution adopting new project description Town of Paradise Sewer Project flyer Funding:
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Town of Paradise Public Works Department
RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 4 of 15 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)] The WWTF design funding may be from, but is not limited to, CDBG-DR funding and State Water Board SRF funding.

Project Location:

The wastewater treatment and disposal facility will be located in or near the Town of Paradise, Butte County, California. Property has not yet been selected or procured by the Town for the treatment facility.

Location alternatives will be evaluated and included in the Subsequent Environmental Impact Report. The consultant will contribute to technical analysis of location alternatives as part of the site selection process, in partnership with the Town and Owner’s Advisor.

It is expected that the consultant will conduct most of the design work remotely. There will be a need for occasional visits to town for in-person workshops and meetings, but the consultant will be primarily located remotely.

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 10, 2025 Deadline for Final Questions..................................................... (no later than) 4:00 PM, October 6, 2025 SOQ Submission Date ........................................................................... (no later than) 4:00 PM, October 24, 2025 SOQ Evaluation & Short List Identification...................................................................Week of October 27, 2025 Short List Interviews (if conducted)..........................................................................Week of November 3-7, 2025 Identify Top Ranked Proposer .........................................................................................................November 7, 2025 Town Council Approval to Award ...............................................................................November 12, 2025 Negotiations and Contract Development ................................................... November 7 to December 30, 2025 Contract Approval and Execution........................................................................................................ January 8, 2026 Town Council Approval of Contract..................................................................................January 13, 2026 A-2. POINT OF CONTACT
All inquiries regarding this RFQ must be submitted through Public Purchase:
www.publicpurchase.com
RFQ NO. 2025-003
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.
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Town of Paradise Public Works Department
RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 5 of 15 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/bid-notices-rfps 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:

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

2. The Proposer must be currently engaged in the business of the supporting critical public infrastructure projects with skilled staff in the related industries involved in project services.

The Proposer has relevant experience delivering both federally and locally funded projects for local agencies.

3. Key discipline leads have appropriate professional licenses in the State of California commensurate with their proposed role on the project.

4. The Proposer has a demonstrated ability to organize and facilitate community meetings and workshops with the goal of building consensus among the attending public.

5. The Proposer has the technical ability to produce high quality, realistic 2D and 3D renderings.

6. The Proposer’s project manager and key staff are available and committed to the contract length and terms.

A-4. SUBMITTAL INSTRUCTIONS

1. Your submittal package, due no later than, 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  One (1) copy of your Cost Proposal in a separate, sealed envelope or package.

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: Kieran Jellema
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. 257
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 6 of 15

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.

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: Public Works Director, Marc Mattox
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 258
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 7 of 15 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.

In the event of litigation concerning disclosure of information the proposer considers exempt from disclosure, the Town of Paradise will act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If the Town of Paradise is required to defend an action arising out of a Public Records Act request for any of the contents of a consultant’s SOQ marked “Confidential”, “Proprietary”, or “Trade Secret”, proposer shall defend and indemnify the Town of Paradise from all liability, damages, costs, and expense, including attorneys’ fees, in any action or proceeding arising under the Public Records Act.

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 required 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. 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 a MBE or a WBE in their SOQ.

A good faith effort must be documented and submitted using MBE/WBE - Good Faith Efforts form (see Attachment B.3). Failure to meet this requirement is grounds for disqualification. 259
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 8 of 15 A-9. DISCLOSURE OF LOBBYING ACTIVITIES
Disclosure of lobbying activities is required for federally funded projects. Refer to Attachment B.1 entitled Byrd Anti-Lobbying Amendment Compliance and Certification and submit the form with the SOQ.

A-10. TASK ORDER PROCEDURE
Individual Task Orders will be issued using procedures outlined in Attachment A – SAMPLE STANDARD CONTRACT. This procurement is a one-step RFQ.

A-11. 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 Attachment B.2 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions.

B. SCOPE OF SERVICES
The Town of Paradise Public Works Engineering Department is seeking the services of one qualified Professional Civil Engineering firm to assist with wastewater treatment facility design and engineering based on the attached project criteria. The services which could be requested with this contract are broad within this profession and include the following:

Task 1 – Project Initiation & Coordination
 Conduct project kickoff with Town staff, Owner’s Agent, and stakeholders.  Review all prior project studies, alternatives analyses, and Basis of Design reports.  Establish a communication and decision-making protocol, including participation in Ad Hoc Committee and public meetings as requested.
 Develop a project management plan, schedule, and quality assurance/quality control (QA/QC) plan.

Task 2 – Environmental Review Support
 Provide technical support for the Town’s environmental review process under CEQA and any supplemental NEPA compliance if required by funding agencies.  Assist with alternatives analysis and comparative environmental impacts of potential site locations and discharge methods (percolation/evaporation ponds).
 Provide engineering input for Subsequent Environmental Impact Report (EIR) sections relating to hydrology, water quality, air quality, noise, biological resources, and land use.  Coordinate with Town staff and environmental consultants to prepare documentation for agency review and public circulation.

Task 3 – Regulatory Engagement
 Prepare and submit all required technical studies, reports, and design documents to meet requirements of the:
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 9 of 15  Central Valley Regional Water Quality Control Board (CVRWQCB) – Waste Discharge Requirements (WDR) permit for land application (Order WQ 2014-0153-DWQ – General Waste Discharge Requirements for Small Domestic Wastewater Treatment Systems).  State Water Resources Control Board (SWRCB), Division of Financial Assistance – compliance with Clean Water State Revolving Fund (CWSRF) and funding-related environmental and technical requirements.
 Develop technical memoranda addressing Title 22 reuse considerations, effluent monitoring, and groundwater protection.
 Participate in meetings with regulators and respond to comments to achieve timely approvals.

Task 4 – Preliminary Engineering (0–30% Design)
 Confirm facility siting and collection system connection points.  Confirm facility design flows and loads
h) Develop process flow diagrams and preliminary site layouts. i) Identify aesthetic alternatives and provide photo realistic 2D and/or 3D renderings.  Size and configure lagoon cells, aeration equipment, and pond capacity for projected flows (initial

0.1 MGD with scalable expansion).
 Evaluate solids handling, sludge management, and odor control strategies.  Conduct preliminary geotechnical investigations for pond and lagoon siting.  Prepare preliminary cost estimates (capital and O&M).

Task 5 – Intermediate Design (30–60% Design)
 Advance lagoon and pond design, including hydraulic profiles, process modeling, and liner design.  Design supporting facilities: influent screening, flow measurement, aeration systems, sludge removal, electrical/SCADA systems, site access, and security.  Refine solids management and biosolids disposal approach.  Develop grading, drainage, and stormwater control plans.  Update cost estimates and project phasing recommendations.  Prepare draft design submittals for review and agency coordination.

Task 6 – Advanced Design (60–90% Design)
 Incorporate Town, Owner’s Agent, and regulator feedback from intermediate design.  Complete all civil, structural, mechanical, electrical, and instrumentation/control drawings.  Finalize lagoon and pond sizing, liner specifications, and aeration system design.  Develop detailed site utility plans (water, power, access roads, fencing).  Prepare draft technical specifications and design criteria report.  Update photo realistic 2D and/or 3D renderings.
 Update cost estimate and funding package documentation.

Task 7 – Final Design (90–100% Design)
 Prepare final plans, specifications, and cost estimate (PS&E package) suitable for public bidding.  Provide final permitting documentation for CVRWQCB WDRs and SWRCB approvals.  Deliver O&M manuals, process control narratives, and startup commissioning plans.  Prepare engineer’s construction estimate and bidding schedule. 261
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 10 of 15 Task 8 – Bid & Construction Support (Optional Services)  Support the Town during bid phase, including contractor RFI responses and addenda preparation.  Provide construction phase engineering services, including submittal reviews, field inspections, startup testing, and operator training.

Deliverables
 Project management plan, schedule, and QA/QC plan.
 Preliminary engineering technical memoranda and cost estimates.  Environmental review technical input reports (hydrology, groundwater, water quality, etc.).  Submittals at 30%, 60%, 90%, and 100% design stages.
 Final PS&E package and engineer’s estimate.
 Permitting support documents (WDR application, monitoring plan, groundwater study).  O&M manuals and startup procedures.

Coordination & Meetings
 Biweekly project meetings with Town staff and Owner’s Agent.  Monthly coordination calls with CVRWQCB and SWRCB.
 Participation in Ad Hoc Committee and Town Council briefings, as requested.  Public engagement support, including providing technical materials for community meetings.

Schedule
The design phase is anticipated to span 12-18, with concurrent environmental review and permitting to enable project readiness for construction funding applications.

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 262
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 11 of 15 sides do not count towards total page count). Font size shall be eleven (11) or larger, and type shall be Times New Roman, Arial, Aptos, 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 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 Consultant 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.

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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 12 of 15 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.

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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 13 of 15 C-8. REFERENCES
Provide at least three (3) client references (names and current phone numbers) from recent work involving federal funding (previous five 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. DESIGN AND SURVEY COMPATIBILITY STANDARDS
By submitting a response to this RFQ, Proposers agree to follow and adhere to the Town’s Capital Project Services Design Standards and Survey Requirements.

C-10. REQUIRED FORMS
This section of your SOQ must include the following required forms due at the time of SOQ in accordance with this RFQ:
 Byrd Anti-lobbying Amendment Compliance and Certification (Attachment B.1)  Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Attachment B.2)
 Consultant/Contractor Good Faith Effort (Attachment B.3) In addition to these forms, a cost proposal listed in Item D. Cost Proposal is due at the time of SOQ.

D. COST PROPOSAL
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. 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.

All cost proposals shall be signed and dated, by an officer empowered by the firm, in accordance with Item A-4 Submittal Instructions of this RFQ. Cost proposals are due at the time of SOQ submission.

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 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 265
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 14 of 15 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).

Consultants will be evaluated in accordance with the subsections below.

F. EVALUATION CRITERIA

1. Completeness of Response (15 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.
d) Demonstrated ability to identify and understand the challenges and potential solutions involving all phases of the projects, including right-of-way.

2. Experience and Qualifications (40 Points)
a) 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) Experience providing A & E services on projects of similar size, cost, and scope. f) Considers the capability of the consultant to provide a broad range of services identified in this RFQ.

3. Ability to Meet Project Timelines (15 Points)
a) Considers the staffing and stability of the team, and the availability to quickly commit staff to the project.
b) Ability to predict and overcome schedule challenges early in the project timeline.

4. Project Methodology & Approach (15 Points)
a) Considers the consultant’s familiarity with the Town and its on-going capital improvement projects.
b) Considers the consultant’s understanding and ability to meet the project needs outline in item N – Scope of Services.

5. Familiarity and Experience with Local, State, and Federal Procedures (15 Points) a) Strong experience with local, state and federally funded projects. b) Ability to complete and submit required environmental documents/permits in compliance with local, state and federal environmental regulations.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Page 15 of 15 TOTAL POINTS (100)
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:
c) Presentation by Team (10 Points)
d) 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 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 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. 267
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ATTACHMENTS
A. SAMPLE STANDARD CONTRACT
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
_____________________________________
Consultant
PARADISE SEWER PROJECT: WASTEWATER TREATMENT FACILITY DESIGN SERVICES 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 ATTACHMENT268
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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). 270
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ARTICLE III STATEMENT OF WORK
CONSULTANT shall provide On-Call Engineering Services, described in Exhibit A entitled “SCOPE OF SERVICES”.

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 CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) days along with a 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. After agreement has been reached on the 271
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negotiable items and total cost; the finalized Task Order shall be signed by both the Town of Paradise and CONSULTANT.

E. Task Orders may be negotiated for a 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 State 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.
j) The total amount payable by the Town of Paradise for all Task Orders resulting from this AGREEMENT shall not exceed $TBD. It is understood and agreed that there is no guarantee, either express or 272
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implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

OPTION 1B – If Task Orders will be written and PREVAILING WAGES DO APPLY, use the following paragraphs A, B, C & D. See Exhibit F for prevailing wage requirements.

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.
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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.

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, 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.
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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 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. 275
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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 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.
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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.

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 277
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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 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 278
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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. 279
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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, 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 280
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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. 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 281
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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.

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. 282
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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.

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. 283
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-17 of 52 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 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. 284
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-18 of 52 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 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 285
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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 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 XIX 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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-20 of 52 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 XX 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 XXI 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 XXII 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. 287
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ARTICLE XXIII 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 XXIV 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 XXV 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, 288
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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 XXVI 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 XXVII 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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-23 of 52 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, 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 XXVIII CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS

ENTERPRISES AND LABOR SURPLUS AREA FIRMS
The Consultant must take the affirmative steps listed below when subcontracting to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

A. 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.

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 290
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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 FROM THE TOWN OF PARADISE TO CONSULTANT The TOWN OF PARADISE shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the TOWN OF PARADISE fails to pay promptly, the TOWN OF PARADISE shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgement remain unsatisfied. Upon receipt of a payment request, the TOWN OF PARADISE shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the TOWN OF PARADISE as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII 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
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ARTICLE XXXIII 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 XXXIV SIGNATURES
TOWN OF PARADISE ______________________________
A Municipal Corporation Consultant
By:___________________________ By: ________________________________ Town Manager Name:

Title:

Address:

APPROVED AS TO FORM: ATTEST:

By:____________________________ By:___________________________ Scott Huber, Town Attorney Melanie Elvis, Town Clerk
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EXHIBIT A SCOPE OF SERVICES
Consultant
Paradise Sewer Project: Wastewater Treatment Facility Design Services Project Title
Varies
Budget Account Number
Scope of Work Description:

INSERT CONSULTANT SCOPE OF SERVICE
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EXHIBIT B COMPENSATION
Consultant
Paradise Sewer Project: Wastewater Treatment Facility Design Services 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 COST PROPOSAL
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EXHIBIT C SCHEDULE OF PERFORMANCES
Consultant
Paradise Sewer Project: Wastewater Treatment Facility Design Services Project Title
Varies
Budget Account Number
The Provider shall complete all services in accordance with the Attachment which set for the specific services and completion schedules.

INSERT CONSULTANT SCHEDULE
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EXHIBIT D INSURANCE PROVISIONS
Consultant
Paradise Sewer Project: Wastewater Treatment Facility Design Services 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:
k) 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. 296
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-30 of 52 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 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 297
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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. 298
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EXHIBIT E ADDITIONAL FEDERAL PROVISIONS

HUD FUNDED, FEMA FUNDED, AND/OR FHWA FUNDED PROJECTS
Consultant
Paradise Sewer Project: Wastewater Treatment Facility Design Services 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. 299
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-33 of 52 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 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 300
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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 301
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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.

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. 302
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(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. 303
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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 (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.
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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 EPAdesignate 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 305
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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.

8. The Americans with Disabilities Act of 1990 (ADA): This act modifies and expands the 306
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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;

2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
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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:

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 308
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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.

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
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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.

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.
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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.

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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-45 of 52 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 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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-46 of 52 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 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 313
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-47 of 52 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.

21. Additional FHWA Requirements:

A. Title VI Assurances:

1. 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.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit 314
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-48 of 52 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(a) through (f) 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.

2. 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. 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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-49 of 52

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.)

3. 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 316
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-50 of 52 such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the 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 Nondiscrimination 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.

4. CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the 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 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.
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-51 of 52 B. 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 non-discrimination statues and authorities, but not limited to:

Pertinent Non-Discrimination Authorities:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 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 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 318
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RFQ Paradise Sewer Project: Wastewater Treatment Facility Design Services Attachment A - Sample Standard Contract Page A-52 of 52 access to your programs (70 Fed. Reg. at 74087 to 74100); and  Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
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ATTACHMENT- B. REQUIRED FORMS
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B.1 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: _________________
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B.2 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:
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B.3 Consultant/Contractor 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):
l) Publications m) Dates of Advertisement
n) o)
p) q)
r) s)
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.):
t) 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.
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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:
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