HomeMy WebLinkAboutAgreement A-24-234 with Bear Electrical Solutions Inc..pdf 23-0897
Agreement No. 24-234
1 TRAFFIC SIGNAL LIGHTING AND MAINTENANCE OPERATIONS SERVICES
2 CONSULTANT AGREEMENT
3
4 THIS AGREEMENT for Traffic Signal Lighting and Maintenance Operations Services
5 ("Agreement") is made and entered into this 21st day of May , 2024 ("Effective
6 Date"), by and between the County of Fresno, a political subdivision of the State of California
7 ("County") and Bear Electrical Solutions, Inc. a California corporation, whose address is 1252
8 State Street, PO Box 924, Alviso, CA 95002-0924 ("Consultant").
9 Recitals
10 1. The County needs to retain the Consultant to provide Traffic Signal Lighting and
11 Maintenance Operations Services, which including providing maintenance, repair, and
12 emergency services of traffic signals, highway lighting, and other lighted traffic facilities at
13 various locations throughout Fresno County ("Projects").
14 2. The County has selected the Consultant in accordance with the Ordinance Code of the
15 County of Fresno, Chapter 4.10, and in accordance with Chapter 10 of the California
16 Department of Transportation's (CALTRANS) Local Assistance Procedures Manual (LAPM), to
17 provide the services necessary for the Projects, as specified herein.
18 3. Consultant represents that it can provide these services for the Projects in accordance
19 with the terms of this Agreement.
20 The parties therefore agree as follows:
21 Article 1
22 Contractor's Services
23 1.1 Consultant shall provide the services enumerated in "Scope of Services and List of
24 Traffic Signals & Lighting," attached as Exhibit A, and incorporated by this reference.
25 1.2 The Consultant's services shall be performed as expeditiously as is consistent with
26 professional skill and the orderly progress of the work, based on schedules for each specific
27 Project mutually agreed upon in advance by the County's Contract Administrator, as
28 designated in Section 2.11, and the Consultant, and at the rates listed in Exhibit C, attached
and incorporated by this reference.
1
1 1.3 Compliance with Laws. The Consultant shall, at its own cost, comply with all
2 applicable federal, state, and local laws and regulations in the performance of its obligations
3 under this Agreement, including but not limited to workers compensation, labor, and
4 confidentiality laws and regulations.
5 1.4 The Consultant's Project team staff shall be as listed in Exhibit B, attached and
6 incorporated by this reference. Any substitutions of personnel shall be approved by the
7 Contract Administrator, approval of which shall not be unreasonably withheld. The Consultant
8 shall notify the Contract Administrator of the names and classifications of employees assigned
9 to each specific Project, and shall not reassign such employees to other projects of the
10 Consultant without notification to and prior approval by the Contract Administrator.
11 1.5 The individual listed below is designated as the Consultant's Project Manager for
12 this Agreement, and shall remain so unless the Consultant requests and the Director approves,
13 in writing, a change of the Consultant's Project Manager, approval of which shall not be
14 unreasonably withheld:
15 Brittney Sandy
16 1252 State Street
17 PO Box 924
18 Alviso, CA 95002-0924
19 408-449-5178
20 brittney.s(aD_bear-electrical.com
21
22 Article 2
23 County's Responsibilities
24 2.1 County shall issue Task Orders on a project-by-project basis. Task Orders shall, at
25 a minimum, include scope of work, and schedule for the Project.
26 2.2 County shall provide the Consultant with a Project Scope and Schedule, and
27 compensate the Consultant as provided in this Agreement, and at the rates listed in Exhibit C.
28 2.3 County shall provide an individual Project Administrator to serve as a representative
of the County who will coordinate and communicate with the Consultant on all Project traffic
2
1 signal timing lighting and maintenance work, to the extent appropriate, in an effort to facilitate
2 the Consultant's performance of its obligations in accordance with the provisions of this
3 Agreement.
4 2.4 County shall examine documents submitted to the County by the Consultant and
5 timely render decisions pertaining to those documents.
6 2.5 County shall give reasonably prompt consideration to all matters submitted for
7 approval by the Consultant in an effort to assist the Consultant in avoiding any substantial
8 delays in the Consultant's program of work. An approval, authorization, or request to the
9 Consultant given by the County will be binding upon the County under the terms of this
10 Agreement only if it is made in writing and signed on behalf of the County by Contract
11 Administrator.
12 2.6 County shall organize, attend, and participate in meetings with the Consultant and
13 other agencies as required.
14 2.7 County shall provide existing timing card and controller type at each of the existing
15 traffic control signal.
16 2.8 The County may provide available traffic data or information, as is available and
17 relevant for projects.
18 2.9 The County may provide data/information as requested by the Consultant for use
19 for this Agreement. Consultant shall make any such request four (4) weeks in advance to allow
20 County staff to set up the proper equipment. If the information is unavailable or out of date, the
21 County reserves the right to request that the Consultant obtain the data/information
22 independently.
23 2.10 The Director, or his or her designee, is authorized to modify the List of Traffic Signals
24 and Lighting, on behalf of the County (under Scope of Services, sections Additions to the List,
25 and Deletions to the List).
26 2.11 The individual listed below is designated as the Contract Administrator for this
27 Agreement on behalf of the County, and shall remain so unless the Consultant is otherwise
28 notified in writing by the County's Director of Public Works and Planning or his/her designee(s)
("Director"):
3
1 Erin Haagenson, Program Manager
2 2220 Tulare Street, 6th Floor, Fresno, CA 93721
3 559-388-7292
4 ehaagenson fresnocountyca.gov
5
6 Article 3
7 Compensation, Invoices, and Payments
8 3.1 The County agrees to pay, and the Consultant agrees to receive, compensation for
9 the performance of its services under this Agreement as described in this Article 3.
10 3.2 Maximum Compensation. The maximum compensation payable to the Consultant
11 for services provided pursuant to this Agreement is one million two hundred fifty thousand
12 dollars ($1,250,000.00) over the entire term of the Agreement. The Consultant acknowledges
13 that the County is a local government entity and does so with notice that the County's powers
14 are limited by the California Constitution and by State law, and with notice that the Consultant
15 may receive compensation under this Agreement only for services performed according to the
16 terms of this Agreement and while this Agreement is in effect, and subject to the maximum
17 amount payable under this section. The Consultant further acknowledges that County
18 employees have no authority to pay the Consultant except as expressly provided in this
19 Agreement.
20 3.3 Consultant Fee. The Consultant's Cost Proposal is attached as Exhibit C. If there
21 is any conflict between the provisions set forth in the text of this Agreement and the provisions
22 of Exhibit C, this Agreement shall take precedence.
23 3.4 Invoices. The Contractor shall submit monthly invoices to
24 PWPBusinessOffice(c�fresnocountyca.gov. The Contractor shall submit each invoice within 60
25 days after the month in which the Contractor performs services, and in any case within 60 days
26 after the end of the term or termination of this Agreement. Invoices shall clearly identify the
27 Phase and Task of the work, the Notice to Proceed number and the date(s) on which the work
28 was performed, and shall be submitted with the documentation identified in Section 3.8.
4
1 3.5 Payment. Upon receipt of a proper invoice, the Contract Administrator will take a
2 maximum of ten (10)working days to review, approve, and submit it to the County Auditor-
3 Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be returned to the
4 Consultant for correction and resubmittal. Payment shall be issued to the Consultant within
5 forty-five (45) calendar days of the date the Auditor-Controller/Treasurer-Tax Collector receives
6 the approved invoice.
7 3.6 Retention. In addition to any amounts withheld under this Article 3, the Consultant
8 agrees that the County, at the discretion of the Contract Administrator, may withhold a five
9 percent (5%) retention from the earned compensation of the Consultant. If the Contract
10 Administrator determines that retention will not be withheld for a Project, the Contract
11 Administrator will state that in writing prior to commencement of the Project by the Consultant.
12 The Contract Administrator will identify in writing prior to commencement of the Project the
13 Project-specific prerequisites (e.g., the successful completion of a Project phase) for the
14 release of retention.
15 3.7 An unresolved dispute over a possible error or omission may cause the County to
16 withhold payment of the Consultant fees in the disputed amount.
17 3.8 Invoice Documentation. Concurrently with invoices, the Consultant shall certify
18 (through copies of issued checks, receipts, or other County pre-approved documentation) that
19 complete payment, less a five percent (5%) retention, if applicable, has been made to all
20 subconsultants as provided herein, for all previous invoices paid by the County.
21 3.9 Final invoices, and separate invoices for retentions, shall be submitted to Contract
22 Administrator no later than thirty (30) days after the phase is completed. Payment for
23 retentions, if any, shall not be made until all services for the phase are completed.
24 3.10 In the event the Director reduces the scope of the Consultant's work under the
25 Agreement for a specific Project (or discontinues a specific Project), whether due to a
26 deficiency in the appropriation of anticipated funding or otherwise, the Consultant will be
27 compensated on a pro rata basis for actual work completed and accepted by the Director in
28 accordance with the terms of the Agreement.
5
1 3.11 Incidental Expenses. The Consultant is solely responsible for all of its costs and
2 expenses that are not specified as payable by the County under this Agreement.
3 Article 4
4 Term of Agreement
5 4.1 Term. This Agreement is effective on the Effective Date, and terminates after a
6 period of three years, except as provided in section 4.2, "Extension," or Article 6, "Termination
7 and Suspension," below.
8 4.2 Extension. The term of this Agreement may be extended for no more than two,
9 one-year periods upon written approval of both parties at least 30 days before the first day of
10 the next one-year extension period. The Director, or his or her designee is authorized to sign
11 the written approval on behalf of the County based on the Consultant's satisfactory
12 performance. The extension of this Agreement by the County is not a waiver or compromise of
13 any default or breach of this Agreement by the Consultant existing at the time of the extension
14 whether or not known to the County.
15 Article 5
16 Notices
17 5.1 Contact Information. The persons and their addresses having authority to give and
18 receive notices provided for or permitted under this Agreement include the following:
19
For the County:
20 Erin Haagenson, Contract Administrator
County of Fresno
21 2220 Tulare Street, 6th Floor, Fresno, CA 93721
designconsultants(a)fresnocountyca.gov
22
For the Consultant:
23 Robert Asuncion, TE I Vice President
1252 State Street
24 PO Box 924
Alviso, CA 95002-0924
25 Robert@bear-electrical.com
26
5.2 Change of Contact Information. Either party may change the information in
27
section 5.1 by giving notice as provided in section 5.3.
28
5.3 Method of Delivery. Each notice between the County and the Consultant provided
6
1 for or permitted under this Agreement must be in writing, state that it is a notice provided under
2 this Agreement, and be delivered either by personal service, by first-class United States mail,
3 by an overnight commercial courier service, or by Portable Document Format (PDF) document
4 attached to an email.
5 (A) A notice delivered by personal service is effective upon service to the recipient.
6 (B) A notice delivered by first-class United States mail is effective three County
7 business days after deposit in the United States mail, postage prepaid, addressed to
8 the recipient.
9 (C)A notice delivered by an overnight commercial courier service is effective one
10 County business day after deposit with the overnight commercial courier service,
11 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
12 the recipient.
13 (D)A notice delivered by PDF document attached to an email is effective when
14 transmission to the recipient is completed (but, if such transmission is completed
15 outside of County business hours, then such delivery is deemed to be effective at the
16 next beginning of a County business day), provided that the sender maintains a
17 machine record of the completed transmission.
18 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
19 nothing in this Agreement establishes, waives, or modifies any claims presentation
20 requirements or procedures provided by law, including the Government Claims Act (Division
21 3.6 of Title 1 of the Government Code, beginning with section 810).
22
23 Article 6
24 Termination and Suspension
25 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
26 contingent on the approval of funds by the appropriating government agency. If sufficient funds
27 are not allocated, then the County, upon at least 30 days' advance written notice to the
28 Consultant, may:
(A) Modify the services provided by the Consultant under this Agreement; or
7
1 (B) Terminate this Agreement.
2 6.2 Termination for Breach.
3 (A) Upon determining that a breach (as defined in paragraph (C) below) has
4 occurred, the County may give written notice of the breach to the Consultant. The
5 written notice may suspend performance under this Agreement and must provide at
6 least 30 days for the Consultant to cure the breach.
7 (B) If the Consultant fails to cure the breach to the County's satisfaction within the
8 time stated in the written notice, the County may terminate this Agreement immediately.
9 (C) For purposes of this section, a breach occurs when, in the determination of the
10 County, the Consultant has:
11 (1) Obtained or used funds illegally or improperly;
12 (2) Failed to comply with any part of this Agreement;
13 (3) Submitted a substantially incorrect or incomplete report to the County; or
14 (4) Improperly performed any of its obligations under this Agreement.
15 6.3 Termination without Cause. In circumstances other than those set forth above,
16 the County may terminate this Agreement by giving at least 30 days advance written notice to
17 the Consultant.
18 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the
19 County under this Article 6 is without penalty to or further obligation of the County.
20 6.5 County's Rights upon Termination. Upon termination for breach under this Article
21 6, the County may demand repayment by the Consultant of any monies disbursed to the
22 Consultant under this Agreement that, in the County's sole judgment, were not expended in
23 compliance with this Agreement. The Consultant shall promptly refund all such monies upon
24 demand. This section survives the termination of this Agreement.
25 Article 7
26 Independent Contractors
27 7.1 Status. In performing under this Agreement, the Consultant, including its officers,
28 agents, employees, and volunteers, is at all times acting and performing as an independent
8
1 Contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
2 venturer, partner, or associate of the County.
3 7.2 Benefits. Because of its status as an independent Consultant, the Consultant has
4 no right to employment rights or benefits available to County employees. The Consultant is
5 solely responsible for providing to its own employees all employee benefits required by law.
6 The Consultant shall save the County harmless from all matters relating to the payment of
7 Consultant's employees, including compliance with Social Security withholding and all related
8 regulations.
9 7.3 Services to Others. The parties acknowledge that, during the term of this
10 Agreement, the Consultant may provide services to others unrelated to the County.
11 Article 8
12 Indemnity and Defense
13 8.1 Indemnity. The Consultant shall indemnify and hold harmless and defend the
14 County (including its officers, agents, employees, and volunteers) against all claims, demands,
15 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
16 liabilities of any kind to the County, the Consultant, or any third party that arise from or relate to
17 the performance or failure to perform by the Consultant (or any of its officers, agents,
18 Subconsultants, or employees) under this Agreement. The County may conduct or participate
19 in its own defense without affecting the Consultant's obligation to indemnify and hold harmless
20 or defend the County.
21 8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.
22 Article 9
23 Insurance Requirements
24 9.1 The Consultant shall comply with all the insurance requirements in Exhibit D to this
25 Agreement.
26
27
28
9
1 Article 10
2 Cost Principles and Administrative Requirements
3 10.1 The Consultant agrees that 48 CFR 31, Contract Cost Principles and Procedures,
4 shall be used to determine the allowability of individual terms of cost.
5 10.2 The Consultant also agrees to comply with Federal procedures in accordance with 2
6 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
7 Federal Awards.
8 10.3 Any costs for which payment has been made to the Consultant that are determined
9 by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to
10 repayment by the Consultant to County.
11 10.4 When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of
12 Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative
13 Requirements, Cost Principles, and Audit Requirements for Federal Awards, shall apply.
14 Article 11
15 Inspections, Audits, and Public Records
16 11.1 Inspection of Documents. The Consultant shall make available to the County, and
17 the County may examine at any time during business hours and as often as the County deems
18 necessary, all of the Consultant's records and data with respect to the matters covered by this
19 Agreement, excluding attorney-client privileged communications. The Consultant shall, upon
20 request by the County, permit the County to audit and inspect all of such records and data to
21 ensure the Consultant's compliance with the terms of this Agreement.
22 11.2 State Audit Requirements. If the compensation to be paid by the County under
23 this Agreement exceeds $10,000, the Consultant is subject to the examination and audit of the
24 California State Auditor, as provided in Government Code section 8546.7, for a period of three
25 years after final payment under this Agreement. This section survives the termination of this
26 Agreement.
27 11.3 Public Records. The County is not limited in any manner with respect to its public
28 disclosure of this Agreement or any record or data that the Consultant may provide to the
10
1 County. The County's public disclosure of this Agreement or any record or data that the
2 Consultant may provide to the County may include but is not limited to the following:
3 (A) The County may voluntarily, or upon request by any member of the public or
4 governmental agency, disclose this Agreement to the public or such governmental
5 agency.
6 (B) The County may voluntarily, or upon request by any member of the public or
7 governmental agency, disclose to the public or such governmental agency any record
8 or data that the Consultant may provide to the County, unless such disclosure is
9 prohibited by court order.
10 (C)This Agreement, and any record or data that the Consultant may provide to the
11 County, is subject to public disclosure under the Ralph M. Brown Act (California
12 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
13 (D)This Agreement, and any record or data that the Consultant may provide to the
14 County, is subject to public disclosure as a public record under the California Public
15 Records Act (California Government Code, Title 1, Division 10, section 7920.000)
16 ("CPRA").
17 (E) This Agreement, and any record or data that the Consultant may provide to the
18 County, is subject to public disclosure as information concerning the conduct of the
19 people's business of the State of California under California Constitution, Article 1,
20 section 3, subdivision (b).
21 (F) Any marking of confidentiality or restricted access upon or otherwise made with
22 respect to any record or data that the Consultant may provide to the County shall be
23 disregarded and have no effect on the County's right or duty to disclose to the public or
24 governmental agency any such record or data.
25 11.4 Public Records Act Requests. If the County receives a written or oral request
26 under the CPRA to publicly disclose any record that is in the Consultant's possession or
27 control, and which the County has a right, under any provision of this Agreement or applicable
28 law, to possess or control, then the County may demand, in writing, that the Consultant deliver
to the County, for purposes of public disclosure, the requested records that may be in the
11
1 possession or control of the Consultant. Within five business days after the County's demand,
2 the Consultant shall (a) deliver to the County all of the requested records that are in the
3 Consultant's possession or control, together with a written statement that the Consultant, after
4 conducting a diligent search, has produced all requested records that are in the Consultant's
5 possession or control, or (b) provide to the County a written statement that the Consultant, after
6 conducting a diligent search, does not possess or control any of the requested records. The
7 Consultant shall cooperate with the County with respect to any County demand for such
8 records. If the Consultant wishes to assert that any specific record or data is exempt from
9 disclosure under the CPRA or other applicable law, it must deliver the record or data to the
10 County and assert the exemption by citation to specific legal authority within the written
11 statement that it provides to the County under this section. The Consultant's assertion of any
12 exemption from disclosure is not binding on the County, but the County will give at least 10
13 days' advance written notice to the Consultant before disclosing any record subject to the
14 Consultant's assertion of exemption from disclosure. The Consultant shall indemnify the
15 County for any court-ordered award of costs or attorney's fees under the CPRA that results
16 from the Consultant's delay, claim of exemption, failure to produce any such records, or failure
17 to cooperate with the County with respect to any County demand for any such records.
18 Article 12
19 Disclosure of Self-Dealing Transactions
20 12.1 Applicability. This Article 12 applies if the Consultant is operating as a corporation
21 or changes its status to operate as a corporation.
22 12.2 Duty to Disclose. If any member of the Consultant's Board of Directors is party to a
23 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
24 "Self-Dealing Transaction Disclosure Form" (Exhibit E to this Agreement) and submitting it to
25 the County before commencing the transaction or immediately after.
26 12.3 Definition. "Self-dealing transaction" means a transaction to which the Consultant
27 is a party and in which one or more of its directors, as an individual, has a material financial
28 interest.
12
1 Article 13
2 General Terms
3 13.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
4 Agreement may not be modified, and no waiver is effective, except by written agreement
5 signed by both parties. The Consultant acknowledges that County employees have no
6 authority to modify this Agreement except as expressly provided in this Agreement.
7 13.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
8 under this Agreement without the prior written consent of the other party.
9 13.3 Governing Law. The laws of the State of California govern all matters arising from
10 or related to this Agreement.
11 13.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
12 County, California. Consultant consents to California jurisdiction for actions arising from or
13 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
14 brought and maintained in Fresno County.
15 13.5 Construction. The final form of this Agreement is the result of the parties'
16 combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to
17 be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
18 against either party.
19 13.6 Days. Unless otherwise specified, "days" means calendar days.
20 13.7 Headings. The headings and section titles in this Agreement are for convenience
21 only and are not part of this Agreement.
22 13.8 Severability. If anything in this Agreement is found by a court of competent
23 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains
24 in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
25 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
26 intent.
27 13.9 Nondiscrimination. During the performance of this Agreement, the Consultant
28 shall not unlawfully discriminate against any employee or applicant for employment, or recipient
of services, because of race, religious creed, color, national origin, ancestry, physical disability,
13
1 mental disability, medical condition, genetic information, marital status, sex, gender, gender
2 identity, gender expression, age, sexual orientation, military status or veteran status pursuant
3 to all applicable State of California and federal statutes and regulation.
4 13.10 No Waiver. Payment, waiver, or discharge by the County of any liability or
5 obligation of the Consultant under this Agreement on any one or more occasions is not a
6 waiver of performance of any continuing or other obligation of the Consultant and does not
7 prohibit enforcement by the County of any obligation on any other occasion.
8 13.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
9 between the Consultant and the County with respect to the subject matter of this Agreement,
10 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
11 publications, and understandings of any nature, unless those things are expressly included in
12 this Agreement. If there is any inconsistency between the terms of this Agreement without its
13 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
14 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
15 exhibits.
16 13.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
17 create any rights or obligations for any person or entity except for the parties.
18 13.13 Binding Upon Successors. This Agreement shall be binding upon and inure to the
19 benefit of the parties and their respective successors in interest, assigns, legal representatives,
20 and heirs.
21 13.14 Authorized Signature. The Consultant represents and warrants to the County that:
22 (A) The Consultant is duly authorized and empowered to sign and perform its
23 obligations under this Agreement.
24 (B) The individual signing this Agreement on behalf of the Consultant is duly
25 authorized to do so and his or her signature on this Agreement legally binds the
26 Consultant to the terms of this Agreement.
27 13.15 Electronic Signatures. The parties agree that this Agreement may be executed by
28 electronic signature as provided in this section.
14
1 (A) An "electronic signature" means any symbol or process intended by an
2 individual signing this Agreement to represent their signature, including but not limited
3 to
4 (1) a digital signature; or
5 (2) an electronically scanned and transmitted (for example by PDF document)
6 version of an original handwritten signature.
7 (B) Each electronic signature affixed or attached to this Agreement
8 (1) is deemed equivalent to a valid original handwritten signature of the person
9 signing this Agreement for all purposes, including but not limited to evidentiary proof
10 in any administrative or judicial proceeding, and
11 (2) has the same force and effect as the valid original handwritten signature of
12 that person.
13 (C)The provisions of this section satisfy the requirements of Civil Code section
14 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division
15 3, Part 2, Title 2.5, beginning with section 1633.1).
16 (D) Each party using a digital signature represents that it has undertaken and
17 satisfied the requirements of Government Code section 16.5, subdivision (a),
18 paragraphs (1) through (5), and agrees that each other party may rely upon that
19 representation.
20 (E) This Agreement is not conditioned upon the parties conducting the transactions
21 under it by electronic means and either party may sign this Agreement with an original
22 handwritten signature.
23 13.16 Counterparts. This Agreement may be signed in counterparts, each of which is an
24 original, and all of which together constitute this Agreement.
25 Article 14
26 Subconsultants
27 14.1 The Consultant may retain, as subconsultants, specialists needed for these
28 services. All subconsultants used by the Consultant shall be approved in writing by the
Contract Administrator before they are retained by the Consultant, approval of which shall not
15
1 be unreasonably withheld. The subconsultants listed in Exhibit B, titled, "Consultant Proposal"
2 attached hereto and incorporated herein, shall be considered as approved by the Contract
3 Administrator. The maximum amount of compensation to be paid to the Consultant under
4 Article 3 "Compensation, Allowable Costs and Payments" shall not be increased by any
5 addition or substitution of subconsultants.
6 14.2 The Consultant shall be as fully responsible to the County for the negligent acts and
7 omissions of its contractors and subcontractors or subconsultants, and of persons either
8 directly or indirectly employed by them, in the same manner as persons directly employed by
9 the Consultant.
10 14.3 Nothing contained in this Agreement shall create any contractual relationship
11 between the County and any of the Consultant's subconsultants, and no subconsultant
12 agreement shall relieve the Consultant of any of its responsibilities and obligations hereunder.
13 The Consultant agrees to be as fully responsible to the County for the acts and omissions of its
14 subconsultants and of persons either directly or indirectly employed by any of them as it is for
15 the acts and omissions of persons directly employed by the Consultant. The Consultant's
16 obligation to pay its subconsultants is a separate and independent obligation that is entirely
17 unrelated to the County's obligation to make payments to the Consultant.
18 14.4 The Consultant shall perform the work contemplated with resources available within
19 its own organization; and no portion of the work pertinent to this Agreement shall be
20 subcontracted without prior written authorization by the Contract Administrator, excepting only
21 those portions of the work and the responsible subconsultants that are expressly identified in
22 Exhibit C.
23 14.5 Any subcontract in excess of$25,000 entered into as a result of this Agreement
24 shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors.
25 14.6 The Consultant shall pay its subconsultants within fifteen (15) calendar days from
26 receipt of each progress payment made to the Consultant by the County.
27 14.7 Any substitution of subconsultant(s) must be approved in writing by the Contract
28 Administrator in advance of assigning work to a substitute Subconsultant.
16
1 Article 15
2 Conflict Of Interest
3 15.1 The Consultant shall comply with the provisions of the Fresno County Department
4 of Public Works and Planning Conflict of Interest Code, attached as Exhibit F and incorporated
5 by this reference. Such compliance shall include the filing of annual statements pursuant to the
6 regulations of the State Fair Political Practices Commission including, but not limited to,
7 portions of Form 700.
8 15.2 During the term of this Agreement, the Consultant shall disclose any financial,
9 business, or other relationship with the County that may have an impact upon the outcome of
10 this Agreement, or any ensuing County construction project. The Consultant shall also list
11 current clients who may have a financial interest in the outcome of this Agreement, or any
12 ensuing County construction project, which will follow.
13 15.3 The Consultant certifies that it has disclosed to the County any actual, apparent, or
14 potential conflicts of interest that may exist relative to the services to be provided pursuant to
15 this Agreement. The Consultant agrees to advise the County of any actual, apparent or
16 potential conflicts of interest that may develop subsequent to the date of execution of this
17 Agreement. The Consultant further agrees to complete any statements of economic interest if
18 required by either County ordinance or State law.
19 15.4 The Consultant hereby certifies that it does not now have, nor shall it acquire any
20 financial or business interest that would conflict with the performance of services under this
21 Agreement.
22 15.5 The Consultant hereby certifies that the Consultant or subconsultant and any firm
23 affiliated with the Consultant or subconsultant that bids on any construction contract or on any
24 Agreement to provide construction inspection for any construction project resulting from this
25 Agreement has established necessary controls to ensure a conflict of interest does not exist.
26 An affiliated firm is one, which is subject to the control of the same persons, through joint
27 ownership or otherwise.
28 15.6 The Consultant and affiliated subconsultants shall not submit bids, or sub-bids, for
the contract construction phase of the Project(s) assigned to the Consultant. The Consultant
17
1 and its subconsultants, and all other service providers, shall not provide any Project-related
2 services for, or receive any Project-related compensation from any construction contractor,
3 subcontractor or service provider awarded a construction contract ("contractor") for all or any
4 portion of the Project(s) for which the Consultant provides services hereunder. The Consultant
5 and its subconsultants, and all other service providers, may provide services for, and receive
6 compensation from a contractor who has been awarded a construction contract for all or any
7 portion of the Project(s), provided that any such services which are rendered, and any
8 compensation which is received therefor, relates to work outside the scope of the Agreement
9 and does not pose a conflict of interest.
10 15.7 Except for subconsultants or subcontractors whose services are limited to providing
11 surveying or materials testing information, no subcontractor who has provided design services
12 in connection with this contract shall be eligible to bid on any construction contract, or on any
13 contract to provide construction inspection for any construction project resulting from this
14 Agreement; provided, however, that this shall not be construed as disallowing subcontractors
15 who have provided design services for the Project from performing, pursuant to this Agreement
16 or other agreement with the County, construction inspection services on behalf of the County
17 for the Project.
18 Article 16
19 Errors or Omissions Claims and Disputes
20 16.1 Definitions:
21 (A) "Consultant" is a duly licensed Architect or Engineer, or other provider of
22 professional services, acting as a business entity (owner, partnership, corporation, joint
23 venture or other business association) in accordance with the terms of an agreement
24 with the County.
25 (B) "Claim" is a demand or assertion by one of the parties seeking, as a matter of
26 right, adjustment or interpretation of contract terms, payment of money, extension of
27 time, change orders, or other relief with respect to the terms of the contract. The term
28 "Claim" also includes other disputes and matters in question between the County and
the Consultant arising out of or relating to the contract. Claims must be made by written
18
1 notice. The provisions of Government Code section 901, et seq., shall apply to every
2 claim made to the County. The responsibility to substantiate claims shall rest with the
3 party making the claim. The term "Claim" also includes any allegation of an error or
4 omission by the Consultant.
5 16.2 If the Director believes the Consultant's work under this Agreement includes
6 negligent errors or omissions, or that the Consultant may otherwise have failed to comply with
7 the provisions of this Agreement, either generally, or in connection with its duties as associated
8 with a particular Project, and that the cause(s)for a claim by the construction Consultant may
9 be attributable, in whole or in part, to such conduct on the part of the Consultant, upon notice
10 by the Director, the payments to the Consultant for such arguably deficient services shall be
11 held in suspense by the County until a final determination has been made of the proportion that
12 the Consultant's fault bears to the fault of all other parties concerned.
13 (A) Such amounts held in suspense shall not be paid to the Consultant, pending the
14 final determination as to the Consultant's proportional fault. However, the appropriate
15 percentage of such amount held in suspense shall be paid to the Consultant, once a
16 final determination has been made, and the Consultant thereafter submits a proper
17 invoice to the County. Payment shall be issued in accordance with the procedure
18 outlined in Article 3 "Compensation, Invoices, and Payments", Section 3.4.
19 16.3 In the spirit of cooperation between the County and the Consultant, the following
20 procedures are established in the event of any claim or dispute alleging a negligent error, act,
21 or omission, of the Consultant.
22 (A) Claims, disputes or other matters in question between the parties, arising out of
23 or relating to this Agreement, shall not be subject to arbitration, but shall be subject to
24 the following procedures.
25 (B) The County and the Consultant shall meet and confer and attempt to reach
26 agreement on any dispute, including what damages have occurred, the measure of
27 damages and what proportion of damages, if any, shall be paid by either party. The
28 parties agree to consult and consider the use of mediation or other form of dispute
resolution prior to resorting to litigation.
19
1 16.4 If the County and the Consultant cannot reach agreement under Section 16.3
2 subsection B, the disputed issues may, upon concurrence by all parties, be submitted to a
3 panel of three (3) for a recommended resolution. The Consultant and the County shall each
4 select one (1) member of the panel, and the third member shall be selected by the other two
5 panel members. The discovery rights provided by California Code of Civil Procedure for civil
6 proceedings shall be available and enforceable to resolve the disputed issues. Either party
7 requesting this dispute resolution process shall, when invoking the rights to this panel, give to
8 the other party a notice describing the claims, disputes and other matters in question. Prior to
9 twenty (20) working days before the initial meeting of the panel, both parties shall submit all
10 documents such party intends to rely upon to resolve such dispute. If it is determined by the
11 panel that any party has relied on such documentation but has failed to previously submit such
12 documentation on a timely basis to the other party, the other party shall be entitled to a 20-
13 working-day continuance of such initial meeting of the panel. The decision by the panel is not a
14 condition precedent to arbitration, mediation or litigation.
15 16.5 Upon receipt of the panel's recommended resolution of the disputed issue(s), the
16 County and the Consultant shall again meet and confer and attempt to reach agreement. If the
17 parties still are unable to reach agreement, each party shall have recourse to all appropriate
18 legal and equitable remedies.
19 (A) The procedures to be followed in the resolution of claims and disputes may be
20 modified any time by mutual agreement of the parties hereto.
21 (B) The Consultant shall continue to perform its obligations under this Agreement
22 pending resolution of any dispute, and the County shall continue to make payments of
23 all undisputed amounts due under this Agreement.
24 (C)When a claim by either party has been made alleging the Consultant's negligent
25 error, act, or omission, the County and the Consultant shall meet and confer within
26 twenty-one (21) working days after the written notice of the claim has been provided.
27 Article 17
28 Ownership of Data
20
1 17.1 All documents, including preliminary documents, calculations, and survey data,
2 required in performing services under this Agreement shall be submitted to, and shall remain at
3 all times the property of the County regardless of whether they are in the possession of the
4 Consultant or any other person, firm, corporation or agency.
5 17.2 The Consultant understands and agrees the County shall retain full ownership rights
6 of the work product of the Consultant for the Project, to the fullest extent permitted by law. In
7 this regard, the Consultant acknowledges and agrees the Consultant's services are on behalf
8 of the County and are "works made for hire," as that term is defined in copyright law, by the
9 County; that the work product to be prepared by the Consultant are for the sole and exclusive
10 use of the County, and that the County shall be the sole owner of all patents, copyrights,
11 trademarks, trade secrets and other rights and contractual interests in connection therewith
12 which are developed and compensated solely under this Agreement; that all the rights, title and
13 interest in and to the work product will be transferred to the County by the Consultant to the
14 extent the Consultant has an interest in and authority to convey such rights; and the Consultant
15 will assist the County to obtain and enforce patents, copyrights, trademarks, trade secrets, and
16 other rights and contractual interests relating to said work product, free and clear of any claim
17 by the Consultant or anyone claiming any right through the Consultant. The Consultant further
18 acknowledges and agrees the County's ownership rights in such work product, shall apply
19 regardless of whether such work product, or any copies thereof, are in possession of the
20 Consultant, or any other person, firm, corporation, or entity. For purposes of this Agreement the
21 terms "work product" shall mean all reports and study findings commissioned, either alone or
22 jointly with others, that result from the tasks assigned to the Consultant by the County under
23 this Agreement.
24 17.3 If this Agreement is terminated during or at the completion of any phase under
25 Article 3, electronic and reproducible copies of report(s) or preliminary documents shall be
26 submitted by the Consultant to the County, which may use them to complete the Project(s) at a
27 future time.
28 17.4 Documents, including drawings and specifications, prepared by the Consultant
pursuant to this Agreement are intended to be suitable for reuse by the County or others on
21
1 extensions of the services provided for Project. Any use of completed documents for projects
2 other than Project(s) and/or any use of uncompleted documents will be at the County's sole
3 risk and without liability or legal exposure to the Consultant.
4 17.5 The electronic files provided by the Consultant to the County are submitted for an
5 acceptance period lasting until the expiration of this Agreement (i.e., throughout the duration of
6 the contract term, including any extensions). Any defects the County discovers during such
7 acceptance period will be reported to the Consultant and will be corrected as part of the
8 Consultant's "Basic Scope of Work."
9 17.6 The Consultant shall not be liable for claims, liabilities or losses arising out of, or
10 connected with (1) the modification or misuse by the County or anyone authorized by the
11 County, of such CAD data, or (2) decline of accuracy or readability of CAD data due to
12 inappropriate storage conditions or duration, or (3) any use by the County, or anyone
13 authorized by the County, of such CAD data or other Project documentation for additions to the
14 Project for the completion of the Project by others, or for other projects, except to the extent
15 that said use may be expressly authorized, in writing, by the Consultant.
16 17.7 The County, in the discretion of its Board of Supervisors, may permit the
17 copyrighting of reports or other products. If copyrights are permitted, the Consultant hereby
18 agrees and this Agreement shall be deemed to provide that the Federal Highway
19 Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce,
20 publish, or otherwise use, and to authorize others to use, the work for government purposes.
21 Article 18
22 State Prevailing Wage Rates
23 18.1 No Consultant or Subconsultant may be awarded an agreement containing public
24 work elements unless registered with the Department of Industrial Relations (DIR) pursuant to
25 Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of
26 this Agreement, including any subsequent amendments.
27 18.2 The Consultant shall comply with all of the applicable provisions of the California
28 Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate
Determinations applicable to work under this Agreement are available from the Department of
22
1 Industrial Relations website http://www.dir.ca.gov. These wage rates are made a specific part
2 of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work
3 performed at a construction project site. Prevailing wages will be applicable to all inspection
4 work performed at County construction sites, at County facilities and at off-site locations that
5 are set up by the construction contractor or one of its subcontractors solely and specifically to
6 serve County projects. Prevailing wage requirements do not apply to inspection work
7 performed at the facilities of vendors and commercial materials suppliers that provide goods
8 and services to the general public.
9 18.3 Payroll Records: Each Consultant and Subconsultant shall keep accurate certified
10 payroll records and supporting documents, as mandated by Labor Code §1776 and as defined
11 in 8 CCR §16000, showing the name, address, social security number, work classification,
12 straight time and overtime hours worked each day and week, and the actual per diem wages
13 paid to each journeyman, apprentice, worker, or other employee employed by the Consultant
14 or Subconsultant in connection with the public work. Each payroll record shall contain or be
15 verified by a written declaration that it is made under penalty of perjury, stating both of the
16 following:
17 a. The information contained in the payroll record is true and correct.
18 b. The employer has complied with the requirements of Labor Code §1771, §1811, and
19 §1815 for any work performed by his or her employees on the public works project.
20 18.4 The payroll records enumerated under Section 18.3 shall be certified as correct by
21 the Consultant under penalty of perjury. The payroll records and all supporting documents shall
22 be made available for inspection and copying by County representatives at all reasonable
23 hours at the principal office of the Consultant. The Consultant shall provide copies of certified
24 payrolls or permit inspection of its records as follows:
25 a. A certified copy of an employee's payroll record shall be made available for
26 inspection or furnished to the employee or the employee's authorized representative
27 on request.
28 b. A certified copy of all payroll records enumerated in Section 18.3 shall be made
available for inspection or furnished upon request to a representative of the County,
23
1 the Division of Labor Standards Enforcement and the Division of Apprenticeship
2 Standards of the Department of Industrial Relations. Certified payrolls submitted to
3 the County, the Division of Labor Standards Enforcement and the Division of
4 Apprenticeship Standards shall not be altered or obliterated by the Consultant.
5 c. The public shall not be given access to certified payroll records by the Consultant.
6 The Consultant is required to forward any requests for certified payrolls to the
7 Contract Administrator by both email and regular mail on the business day following
8 receipt of the request.
9 18.5 Each Consultant shall submit a certified copy of the records enumerated in Section
10 18.3 to the entity that requested the records within ten (10) calendar days after receipt of a
11 written request.
12 18.6 Any copy of records made available for inspection as copies and furnished upon
13 request to the public or any public agency by the County shall be marked or obliterated in such
14 a manner as to prevent disclosure of each individual's name, address, and social security
15 number. The name and address of the Consultant or Subconsultant performing the work shall
16 not be marked or obliterated.
17 18.7 The Consultant shall inform the County of the location of the records enumerated
18 under Section 18.3, including the street address, city and county, and shall, within five (5)
19 working days, provide a notice of a change of location and address.
20 18.8 The Consultant or Subconsultant shall have ten (10) calendar days in which to
21 comply subsequent to receipt of written notice requesting the records enumerated in Section
22 16.3. In the event the Consultant or Subconsultant fails to comply within the ten (10) day
23 period, he or she shall, as a penalty to the County, forfeit one hundred dollars ($100)for each
24 calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such
25 penalties shall be withheld by the County from payments then due. The County is not subject to
26 a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply
27 with this section.
28
24
1 18.9 When prevailing wage rates apply, the Consultant is responsible for verifying
2 compliance with certified payroll requirements. Invoice payment will not be made until the
3 invoice is approved by the Contract Administrator.
4 18.10 Penalty: The Consultant and any of its Subconsultants shall comply with Labor
5 Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any
6 Subconsultant shall forfeit to the County a penalty of not more than two hundred dollars ($200)
7 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as
8 determined by the Director of DIR for the work or craft in which the worker is employed for any
9 public work done under the Agreement by the Consultant or by its Subconsultant in violation of
10 the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
11 18.11 The amount of this forfeiture shall be determined by the Labor Commissioner and
12 shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or
13 Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of
14 the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the
15 willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A
16 mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not
17 excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor
18 Code. The Consultant is responsible for paying the appropriate rate, including any escalations
19 that take place during the term of the Agreement.
20 18.12 In addition to the penalty and pursuant to Labor Code §1775, the difference
21 between the prevailing wage rates and the amount paid to each worker for each calendar day
22 or portion thereof for which each worker was paid less than the prevailing wage rate shall be
23 paid to each worker by the Consultant or Subconsultant.
24 18.13 If a worker employed by a Subconsultant on a public works project is not paid the
25 general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is
26 not liable for the penalties described above unless the prime Consultant had knowledge of that
27 failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or
28 unless the prime Consultant fails to comply with all of the following requirements:
25
1 18.14 The Agreement executed between the Consultant and the Subconsultant for the
2 performance of work on public works projects shall include a copy of the requirements in Labor
3 Code §§ 1771, 1775, 1776, 1777.5, 1811,1812, 1813, and 1815.
4 18.15 The Consultant shall monitor the payment of the specified general prevailing rate of
5 per diem wages by the Subconsultant to the employees by periodic review of the certified
6 payroll records of the Subconsultant.
7 18.16 Upon becoming aware of the Subconsultant's failure to pay the specified prevailing
8 rate of wages to the Subconsultant's workers, the Consultant shall diligently take corrective
9 action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the
10 Subconsultant for work performed on the public works project.
11 18.17 Prior to making final payment to the Subconsultant for work performed on the public
12 works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the
13 Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem
14 wages to the Subconsultant's employees on the public works project and any amounts due
15 pursuant to Labor Code §1813.
16 18.18 Pursuant to Labor Code §1775, the County shall notify the Consultant on a public
17 works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant
18 has failed to pay workers the general prevailing rate of per diem wages.
19 18.19 If the County determines that employees of a Subconsultant were not paid the
20 general prevailing rate of per diem wages and if the County did not retain sufficient money
21 under the Agreement to pay those employees the balance of wages owed under the general
22 prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the
23 Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages
24 if requested by the County.
25 18.20 Hours of Labor: Eight (8) hours labor constitutes a legal day's work. The Consultant
26 shall forfeit, as a penalty to the County, twenty-five dollars ($25) for each worker employed in
27 the execution of the Agreement by the Consultant or any of its Subconsultants for each
28 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
26
1 provisions of the Labor Code, and in particular§§1810 to 1815 thereof, inclusive, except that
2 work performed by employees in excess of eight (8) hours per day, and forty (40) hours during
3 any one week, shall be permitted upon compensation for all hours worked in excess of eight (8)
4 hours per day and forty (40) hours in any week, at not less than one and one half(1.5) times
5 the basic rate of pay, as provided in §1815.
6 18.21 Employment of Apprentices: Where either the prime Agreement or the
7 subconsultant agreement exceeds thirty thousand dollars ($30,000), the Consultant and any
8 subconsultants under him or her shall comply with all applicable requirements of Labor Code
9 §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
10 18.22 Consultant and all subconsultants are required to comply with all Labor Code
11 requirements regarding the employment of apprentices, including mandatory ratios of journey
12 level to apprentice workers. Prior to commencement of work, the Consultant and
13 subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at
14 https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices
15 and for the specific journey-to-apprentice ratios for the Agreement work. The Consultant is
16 responsible for all subconsultants' compliance with these requirements. Penalties are specified
17 in Labor Code §1777.7.
18 Article 19
19 Equipment Purchase
20 19.1 Prior authorization, in writing, by the Contract Administrator shall be required before
21 the Consultant enters into any unbudgeted purchase order, or subcontract exceeding five
22 thousand dollars ($5,000)for supplies, equipment, or Consultant services. The Consultant shall
23 provide an evaluation of the necessity or desirability of incurring such costs.
24 19.2 Prior authorization by the Contract Administrator shall be required for purchase of
25 any item, service or consulting work in excess of$5,000 that is not covered in the Consultant's
26 Cost Proposal; and the Consultant's request must be accompanied by at least three
27 competitive quotations, unless the absence of proposal is adequately justified to the
28 satisfaction of the Contract Administrator in his/her discretion, by written explanation provided
by the Consultant with its submittal.
27
1 19.3 Any authorized purchase of equipment as a result of this Agreement is subject to
2 the following: "The Consultant shall maintain an inventory of all nonexpendable property.
3 Nonexpendable property is defined as having a useful life of at least two years and an
4 acquisition cost of$5,000 or more. If the purchased equipment needs replacement and is sold
5 or traded in, the County shall receive a proper refund or credit at the conclusion of the contract,
6 or if the contract is terminated, the Consultant may either keep the equipment and credit the
7 County in an amount equal to its fair market value, or sell such equipment at the best price
8 obtainable at a public or private sale, in accordance with established County procedures; and
9 credit the County in an amount equal to the sales price. If the Consultant elects to keep the
10 equipment, fair market value shall be determined at the Consultant's expense, on the basis of a
11 competent independent appraisal of such equipment. Appraisals shall be obtained from an
12 appraiser mutually agreeable to by the County and the Consultant, if it is determined to sell the
13 equipment, the terms and conditions of such sale must be approved in advance by the
14 County." Title 49 CFR, Part 200 requires a credit to Federal funds when participating
15 equipment with a fair market value greater than $5,000.00 is credited to the Project.
16 Article 20
17 Rebates, Kickbacks or Other Unlawful Consideration
18 20.1 The Consultant warrants that this Agreement was not obtained or secured through
19 rebates, kickbacks or other unlawful consideration, either promised or paid to any County
20 employee. For breach or violation of this warranty, the County shall have the right, in its
21 discretion, to terminate this Agreement without liability; or to pay only for the value of the work
22 actually performed; or to deduct from this Agreement price or otherwise recover the full amount
23 of such rebate, kickback or other unlawful consideration.
24 Article 21
25 Prohibition of Expending County State or Federal Funds for Lobbying
26 21.1 The Consultant certifies (Exhibit F) to the best of his or her knowledge and belief
27 that:
28 21.2 No state, federal or County 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
28
1 employee of any state or federal agency; a Member of the State Legislature or United States
2 Congress; an officer or employee of the Legislature or Congress; or any employee of a
3 Member of the Legislature or Congress, in connection with any of the following:
4 (A) the awarding of any state or federal contract;
5 (B) the making of any state or federal grant;
6 (C) the making of any state or federal loan;
7 (D) the entering into of any cooperative agreement, or
8 (E) the extension, continuation, renewal, amendment, or modification of any state
9 or federal contract, grant, loan, or cooperative agreement.
10 21.3 If any funds other than federally appropriated funds have been paid, or will be paid
11 to any person for influencing or attempting to influence an officer or employee of any federal
12 agency; a Member of Congress; an officer or employee of Congress, or an employee of a
13 Member of Congress; in connection with this federal contract, grant, loan, or cooperative
14 agreement, then the Consultant shall complete and submit Standard Form-LLL, "Disclosure
15 Form to Report Lobbying" (Exhibit G), in accordance with its instructions.
16 21.4 The certification required by the provisions of this Article is a material representation
17 of fact upon which reliance was placed when this transaction was made or entered into.
18 Submission of this certification is a prerequisite for making or entering into this transaction
19 imposed by Title 31, U.S. Code Section 1352. Any person who fails to file the required
20 certification shall be subject to a civil penalty of not less than $10,000 and not more than
21 $100,000 for each such failure.
22 21.5 The Consultant also agrees by signing this document that he or she shall require
23 that the language of this certification be included in all lower-tier subcontracts, which exceed
24 $100,000, and that all such sub-recipients shall certify and disclose accordingly.
25 Article 22
26 Non-Discrimination Clause and Statement of Compliance
27 22.1 The Consultant's signature affixed herein, and dated, shall constitute a certification
28 under penalty of perjury under the laws of the State of California that the Consultant has,
29
1 unless exempt, complied with, the nondiscrimination program requirements of Government
2 Code §12990 and 2 CCR § 8103.
3 22.2 During the performance of this Agreement, the Consultant and its subconsultants
4 shall not deny this Agreement's benefits to any person on the basis of race, religious creed,
5 color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
6 information, marital status, sex, gender, gender identity, gender expression, age, sexual
7 orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or
8 allow harassment against any employee or applicant for employment because of race, religious
9 creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
10 genetic information, marital status, sex, gender, gender identity, gender expression, age,
11 sexual orientation, or military and veteran status. The Consultant and subconsultants shall
12 ensure that the evaluation and treatment of their employees and applicants for employment are
13 free from such discrimination and harassment.
14 22.3 The Consultant and subconsultants shall comply with the provisions of the Fair
15 Employment and Housing Act (Gov. Code §12990 et seq.) and the applicable regulations
16 promulgated thereunder(2 CCR §11000 et seq.), the provisions of Government Code §§11135
17 et seq., and the regulations or standards adopted by the County to implement such provisions.
18 The applicable regulations of the Fair Employment and Housing Commission implementing
19 Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
20 California Code of Regulations, are incorporated into this Agreement by reference and made a
21 part hereof as if set forth in full.
22 22.4 Consultant shall permit access by representatives of the Department of Fair
23 Employment and Housing and the County upon reasonable notice at any time during the
24 normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its
25 books, records, accounts, and all other sources of information and its facilities as said
26 Department or the County shall require in order to ascertain compliance with the requirements
27 of this Article 22.
28
30
1 22.5 The Consultant and subconsultants shall give written notice of their obligations
2 under this Article 22 to labor organizations with which they have a collective bargaining or other
3 agreement.
4 22.6 The Consultant and subconsultants shall include the nondiscrimination and
5 compliance provisions of this Article 22 in all subcontracts to perform work under this
6 Agreement.
7 22.7 The Consultant, with regard to the work performed under this Agreement, shall act
8 in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI
9 provides that the recipients of federal assistance will implement and maintain a policy of
10 nondiscrimination in which no person in the United States shall, on the basis of race, color,
11 national origin, religion, sex, age, disability, be excluded from participation in, denied the
12 benefits of or subject to discrimination under any program or activity by the recipients of federal
13 assistance or their assignees and successors in interest.
14 22.8 The Consultant shall comply with regulations relative to non-discrimination in
15 federally assisted programs of the U.S. Department of Transportation (49 CFR Part 21 -
16 Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not
17 participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5,
18 including employment practices and the selection and retention of Subconsultants.
19 22.9 The Consultant, subrecipient or subconsultant will never exclude any person from
20 participation in, deny any person the benefits of, or otherwise discriminate against anyone in
21 connection with the award and performance of any contract covered by 49 CFR 26 on the
22 basis of race, color, sex, or national origin.
23 Article 23
24 Debarment and Suspension Certification
25 23.1 The Consultant's signature affixed herein shall constitute a certification under
26 penalty of perjury under the laws of the State of California, that the Consultant has complied
27 with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate,
28 which certifies that the Consultant or any person associated therewith in the capacity of owner,
partner, director, officer, or manager:
31
1 (A) Is not currently under suspension, debarment, voluntary exclusion, or
2 determination of ineligibility by any federal agency;
3 (B) Has not been suspended, debarred, voluntarily excluded, or determined
4 ineligible by any federal agency within the past three (3) years;
5 (C) Does not have a proposed debarment pending; and
6 (D) Has not been indicted, convicted, or had a civil judgment rendered against it by
7 a court of competent jurisdiction in any matter involving fraud or official misconduct
8 within the past three (3) years.
9 23.2 Any exceptions to this certification must be disclosed to the County on Exhibit H
10 "Debarment and Suspension Certification." Exceptions will not necessarily result in denial of
11 recommendation for award but will be considered in determining Consultant responsibility.
12 Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
13 23.3 Exceptions to the Federal Government Excluded Parties Listing System maintained
14 by the General Services Administration are to be determined by the Federal Highway
15 Administration.
16 Article 24
17 Executive Order N-6-22
18 24.1 Under Executive Order N-6-22 as a contractor, subcontractor, or grantee,
19 compliance with the economic sanctions imposed in response to Russia's actions in Ukraine is
20 required, including with respect to, but not limited to, the federal executive orders identified in
21 the EO and the sanctions identified on the U.S. Department of the Treasury website
22 (https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-
23 information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of
24 contracts or grants, as applicable.
25 24.2 Specially Designated Nationals and Blocked Persons List (SDN)
26 https:Hhome.treasu[y.gov/policy-issues/financial-sanctions/specially-designated-nationals-
27 and blocked-persons-list-sdn-human-readable-lists
28 Article 25
Contingent Fees
32
1 25.1 The Consultant warrants, by execution of this Agreement that no person or selling
2 agency has been employed, or retained, to solicit or secure this Agreement upon an agreement
3 or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona
4 fide employees, or bona fide established commercial or selling agencies maintained by the
5 Consultant for the purpose of securing business. For breach or violation of this warranty, the
6 County has the right to: annul this Agreement without liability, and to pay only for the value of
7 the work actually performed; or in its discretion to deduct from the Agreement price or
8 consideration, or otherwise recover, the full amount of such commission, percentage,
9 brokerage, or contingent fee.
10 Article 26
11 Inspection Of Work
12 26.1 The Consultant and any subcontractor shall permit the County, the state, and the
13 FHWA to review and inspect the Project activities and files at all reasonable times during the
14 performance period of this Agreement, including review and inspection on a daily basis.
15 Article 27
16 Safety
17 27.1 Consultant shall comply with OSHA regulations applicable to Consultant regarding
18 necessary safety equipment or procedures. Consultant shall comply with safety instructions
19 issued by the County Safety Officer and other County representatives. Consultant personnel
20 shall wear hard hats and safety vests at all times while working on the construction project site.
21 27.2 Pursuant to the authority contained in Vehicle Code §591, the County has
22 determined that such areas are within the limits of the project and are open to public traffic.
23 Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15
24 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe
25 operation of its vehicles and the protection of the traveling public from injury and damage from
26 such vehicles.
27 27.3 Any subcontract entered into as a result of this Agreement shall contain all of the
28 provisions of this Article 27.
33
1 Article 28
2 Confidentiality Of Data
3 28.1 All financial, statistical, personal, technical, or other data and information relative to
4 the County's operations, which are designated confidential by the County and made available
5 to the Consultant in order to carry out this Agreement, shall be protected by the Consultant
6 from unauthorized use and disclosure.
7 28.2 Permission to disclose information on one occasion, or public hearing held by the
8 County relating to the contract, shall not authorize the Consultant to further disclose such
9 information, or disseminate the same on any other occasion.
10 28.3 The Consultant shall not comment publicly to the press or any other media
11 regarding this Agreement or the County's actions on the same, except to the County's staff, the
12 Consultant's own personnel involved in the performance of this Agreement, at public hearings
13 or in response to questions from a Legislative committee.
14 28.4 The Consultant shall not issue any news release or public relations item of any
15 nature, whatsoever, regarding work performed or to be performed under this Agreement
16 without prior review of the contents thereof by the County, and receipt of the County's written
17 permission.
18 28.5 All information related to the construction estimate is confidential and shall not be
19 disclosed by the Consultant to any entity other than the County, Caltrans, and/or FHWA. All of
20 the materials prepared or assembled by the Consultant pursuant to performance of this
21 Contract are confidential and the Consultant agrees that they shall not be made available to
22 any individual or organization without the prior written approval of the County or except by court
23 order. If the Consultant or any of its officers, employees, or subcontractors does voluntarily
24 provide information in violation of this Contract, the County has the right to reimbursement and
25 indemnity from the Consultant for any damages caused by the Consultant's releasing the
26 information, including, but not limited to, the County's attorney's fees and disbursements,
27 including without limitation experts' fees and disbursements.
28 Article 29
National Labor Relations Board Certification
34
1 29.1 In accordance with Public Contract Code § 10296, the Consultant hereby states
2 under penalty of perjury that no more than one final unappealable finding of contempt of court
3 by a federal court has been issued against the Consultant within the immediately preceding
4 two-year period, because of the Consultant's failure to comply with an order of a federal court
5 that orders the Consultant to comply with an order of the National Labor Relations Board.
6 Article 30
7 Evaluation Of The Consultant
8 30.1 The Consultant's performance will be evaluated by the County. A copy of the
9 evaluation will be sent to the Consultant for comments. The evaluation, together with the
10 comments, shall be retained as part of the Agreement record.
11 Article 31
12 Funding Requirements
13 31.1 It is mutually understood between the parties that this Agreement may have been
14 written before ascertaining the availability of funds or appropriation of funds, for the mutual
15 benefit of both parties, in order to avoid program and fiscal delays that would occur if the
16 Agreement were executed after that determination was made.
17 31.2 This Agreement is valid and enforceable only if sufficient funds are made available
18 to the County for the purpose of this Agreement. In addition, this Agreement is subject to any
19 additional restrictions, limitations, conditions, or any statute enacted by the Congress, State
20 Legislature, or the County governing board that may affect the provisions, terms, or funding of
21 this Agreement in any manner.
22 31.3 It is mutually agreed that if sufficient funds are not appropriated, this Agreement
23 may be amended to reflect any reduction in funds.
24 31.4 The County has the option to terminate the Agreement pursuant to Article 6
25 Termination and Suspension, or by mutual agreement to amend the Agreement to reflect any
26 reduction of funds.
27 Article 32
28 Title VI Assurances
35
1 32.1 The provisions of Title VI are hereby attached, unmodified as part of this Agreement
2 (Exhibit I). Exhibit I, "Title VI Assurances" Appendices A and E, and if applicable Appendices B,
3 C, and D, must be inserted, unmodified, in all subcontracts to perform work under the
4 Agreement.
5 (A) The clauses of Appendix B of this Assurance shall be included as a covenant
6 running with the land, in any deed from the United States effecting or recording a
7 transfer of real property, structures, use, or improvements thereon or interest therein to
8 the County.
9 (B) The clauses set forth in Appendix C and Appendix D of this Assurance shall be
10 included as a covenant running with the land, in any future deeds, leases, licenses,
11 permits, or similar instruments entered into by the County with other parties:
12 (1) for the subsequent transfer of real property acquired or improved under the
13 applicable activity, project, or program; and
14 (2) for the construction or use of, or access to, space on, over, or under real
15 property acquired or improved under the applicable activity, project, or program.
16
17 [SIGNATURE PAGE FOLLOWS]
18
19
20
21
22
23
24
25
26
27
28
36
1 The parties are signing this Agreement on the date stated in the introductory clause.
2 Bear Electrical Solutions
County of Fresno
3 za��'
4 SignaturE
5
By: Robert Asuncion Nathan Magsig, Chairman
6 Name of the Board of Supervisors of the
7 Vice President County of Fresno
Title
8
Bear Electrical Solutions ATTEST:
9 1252 State Street Bernice E. Seidel
PO Box 924 Clerk of the Board of Supervisors
10 Alviso, CA 95002-0924 County of Fresno, State of California
11
12
13 By
14
Deputy
15 For accounting use only:
16
17 ORG: 45104511 /45104512 /45104513 /45104514
18 FUND: 0001
19 SUBCLASS: 10000
20 ACCOUNT: 7295
21
22
23
24
25
26
27
28
37
Exhibit A
Revised
Scope of Services
A.1. The work to be performed by the Consultant under this Agreement includes engineering
services, scheduled maintenance and unscheduled repair and emergency services of
traffic signals, highway lighting, and other lighted traffic facilities at various locations
throughout Fresno County for the Department of Public Works and Planning
(Department).
A.2. The services that may be furnished by the Consultant under this Agreement are for all or
a portion of the services the Consultant is allowed to provide within the applicable
professional discipline limits, as defined in California State License Law, for various
Projects on an as needed basis.
A.3. The Consultant agrees to provide the services that are necessary for each Project when
expressly authorized by a Department authorized designee.
A.4. Assist the Department, at the Director's express, written authorization, with any claim
resolution process involving the Consultant and the Department as specified hereunder,
including serving as a witness in connection with any public hearings or legal
proceeding, and also including dispute resolutions required by law or hereunder. The
parties recognize that this clause is provided as a means of expediting resolution of
claims among the Consultant and the Department. However, it is understood the
Consultant is not an intended third-party beneficiary of this clause. Compensation for
these services shall be computed and invoiced at the same hourly rates listed in the
Agreement, including travel costs that are being paid for the Consultant's personnel
services under this Agreement. Any assistance provided by the Consultant as described
in this Section A.4 shall be subject to the provisions of Article 3 in the agreement.
A.5. Not used.
A.6. Not used.
A.7. DEPARTMENT TO PROVIDE:
1) The Department will provide to the Consultant the names and phone numbers of the
Manager of the Department's Road Maintenance and Operations Division, and/or the
designees, as well as a call-out list of other authorized Department staff. The
Manager of the Road Maintenance and Operations Division, and/or the designees
shall be available to the Consultant during normal work hours for consultation,
clarification of task assignments, etc. After hours, authorized Department staff, on
the call-out list, may be contacted in emergency situations.
2) The Department will provide the Consultant access to all facilities covered by this
RFP while performing services under this agreement.
3) The Department will issue keys to the Consultant for applicable signal and lighting
equipment (i.e. lock-jaw pull box lids, signal cabinets, or other electrical control
boxes) covered by this RFP while performing services under this agreement.
Department may request the return of these keys by Consultant at any time.
4) The Department will organize, attend, and participate in meetings with the Consultant
and other agencies, as required.
1
5) The Department will provide existing timing card and controller types at each of the
existing traffic control signals.
6) The Department may provide traffic data/information as requested by the Consultant
for use for this contract. Any request shall be done 4 weeks in advanced to provide
Department staff time to set up the proper equipment. The Department may decline
the request for data/information, and if this is the case, then the Department will
request the Consultant obtain the data/information.
A.B. INVOICING:
Consultant's invoice to Department shall include the following:
• Contract Agreement Number provided by the Department (e.g. A-24-000).
• `Attention To' Department designee for receiving invoices.
• Name of caller who requested repair or service.
• TSSL ID Number found in the list Attachment C, Traffic Signals and Lighting.
• Location intersection/description.
• Location Type of Facility.
• Date received call.
• Date responded to call.
• Date(s) performed repair or service.
• Description of repair or service.
A.9. KEY FOR LOCK-JAW PULL BOX LID, OR SIGNAL CABINET, OR OTHER
ELECTRICAL CONTROL BOX:
Keys are available to the Consultant at the Department Road Maintenance &
Operations office:
Address: 2220 Tulare St, 10th Floor, Fresno, CA 93721.
Hours: Monday through Friday, 8:00 AM to 5:00 PM (closed for lunch from 12:00 PM
to 1:00 PM).
A.10. THE LIST ATTACHMENT C, TRAFFIC SIGNALS AND LIGHTING:
Consultant must provide service to traffic signals and lighting facilities in the list,
Attachment C.
A.11. ADDITIONS TO THE LIST ATTACHMENT C, TRAFFIC SIGNALS AND LIGHTING:
Consultant must provide service to additional traffic signals and lighting locations as
the Department may add to the list, Attachment C. The Director of the Department is
authorized to make additions to this list. The Consultant may request a copy of this
list at any time.
A.12. DELETIONS TO THE LIST ATTACHMENT C, TRAFFIC SIGNALS AND LIGHTING:
Consultant must cease service to deleted traffic signals and lighting locations as the
Department may delete from the list, Attachment C. The Director of the Department
is authorized to make deletions to this list. The Consultant may request a copy of
this list at any time.
A.13. TRAFFIC SIGNAL TIMING — PROGRAMMING AND TESTING:
Consultant shall assist Department with:
2
1) Preparation of new traffic signals, including programming the timing into the
controller and testing the controller. Timing card to be provided by other.
2) Updating of existing traffic signals, including reprogramming the timing into the
controller and testing the controller. Timing card to be provided by other.
3) Verifying/testing of existing traffic signals, as listed under Scheduled
Maintenance Service. Existing timing card to be provided.
A.14. Not Used.
A.15. Unscheduled Maintenance Call-Out Service for Existing Traffic Signals and Lighting (in
Attachment C):
1) Emergency call-out.
i. Consultant required to provide immediate service.
2) Non-Emergency call-out.
i. Consultant not required to provide immediate service.
Consultant to assist with Department in determining the level-of-emergency, of a call-
out.
Consultant shall provide to the Department a valid up-to-date phone number and email
address for receiving calls 24 hours per day, 7 days per week, 365 days per year.
Phone number shall be able to receive voice messaging, if a person is not able to
answer. Consultant shall respond within 1 hour of receiving call, either by verbal
response to Department designee, or by email response to Department designee. Calls
may originate from Department designee, or California Highway Patrol (CHP), or Fresno
County Sheriff, or other law enforcement officer, or any City agency.
A.16. Scheduled Preventative Maintenance Inspection (PMI) Service for Existing Traffic
Signals (in Attachment C, where PMI = "Yes"):
1) Type 1 —Annual Operational Inspection (General Traffic Signal Checklist, see
below).
2) Type 2 — Bi-Annual Operational Inspection (Conflict Monitor Unit Checklist, see
below).
A.17. GENERAL SERVICES FOR TRAFFIC SIGNALS, INCLUDE BUT NOT LIMITED TO:
1) Scheduled Preventative Maintenance Inspections (PMI's):
2) Emergency 24-Hour Response.
3) Trouble Shooting, Equipment Testing, and Corresponding Repairs.
4) Review of Plans & Submittals.
5) Camera Installation/Maintenance.
6) Video Detection Installation/Maintenance.
7) Audible Pedestrian System Installation/Maintenance.
8) Emergency Vehicle Preemption Installations/Programming/Maintenance.
9) Railroad Preemption Installations/Programming/Maintenance.
3
10) Bus Rapid Transit Installation/Programming/Maintenance.
11) Underground Service Alert (USA) locate:
a. Department Design project existing signal modification.
b. Permit project.
c. Development Services project.
d. Repair call outs.
e. Maintenance calls.
12) Traffic Signal Construction Inspection.
13) Street Light Construction Inspection.
14) ITS Construction Inspection.
15) New Signal Activation.
16) Special Event Modifications.
17) 332 Cabinet Testing.
18) Flash Requests:
a. Construction project.
b. Power outage with temporary Stop signs.
19) Inspection of special projects (e.g. Sheriff camera project).
A.18. Type 1 —Annual Operational Inspection (General Traffic Signal Checklist).
Cabinet:
1) Replace filter (s).
2) Lubricate locks and hinges as needed.
3) Check fan and thermostat operation.
4) Check conduit sealant.
5) Check gaskets and seals, repair or lubricate as needed.
6) Remove graffiti, tape residue, signs, etc.
7) Spot painted as needed.
8) Inspect wiring and terminations for burnt terminals and/or damaged insulation.
9) Test GFCI receptacle prior to use.
10) Vacuum or blow out accumulated dirt/ debris.
Controller:
1) Observe indicators for proper operation.
2) Verify that cards or modules are properly sealed.
3) Verify that connectors are secure.
4
4) Verify operation/timing per timing sheet.
Conflict Monitor:
1) Verify operation with watchdog trip.
2) Reset monitor.
3) Observe indicators for proper operation.
4) Inspect ribbon cable on "Plus" monitors for damage.
5) Verify that the program card is properly sealed.
6) Verify that connectors are secure.
Switch Packs:
1) Observe indicators for proper operation.
2) Verify that switches are properly sealed.
Flashers:
1) Observe indicators for proper operation.
2) Verify that switches are properly seated.
3) Check flash operation; Cabinet, Police & CMU.
Relays:
1) Check for burnt or overheated contacts.
2) Verify that relays are properly seated.
Clocks:
1) Check for correct time/ Day-of-week (DOW) settings.
2) Manually verify output switch operation.
Preemption:
1) Simulate actuation, verify proper operation.
Coordination:
1) Observe that current plan is per TOD.
2) Check for correct time / DOW setting.
Signal Heads:
1) Inspect alignment and visibility.
2) Check for broken lenses.
3) Check for burned out lamps/ LED's.
4) Check for missing / damaged visors and backplates.
Poles and Mastarms:
1) Check for missing / damaged hand hole covers.
2) Check anchor bolt hardware for tightness.
3) Check condition of grout.
5
4) Check plumb of pole.
5) Check for damage, dents, etc.
6) If painted, spot prime/ paint as needed.
7) Remove graffiti, tape residue, signs, etc.
Pedestrian Push Buttons:
1) Check all buttons for proper operation.
2) Check signs for legibility.
3) Verify proper field operation.
Detector Loops:
1) Inspect roadway along loop perimeter for exposed wire/ conduit, pot holes,
missing sealant, etc.
Detector Amplifiers:
1) Verify that vehicles are being detected.
2) Verify appropriate call is registered in controller.
Pull Boxes:
1) Check boxes and lids for breakage.
2) Remove accumulated dirt and water.
3) Treat for insects, if needed.
4) Check for condition of grout.
5) Check for missing delineator posts.
6) Check duct seal.
Electrical Service:
1) Check lock for serviceability.
2) If pedestal, check meter window for clarity, spray with silicone.
3) Remove graffiti, tape residue, signs, etc.
4) Check duct seal.
5) Turn on and check safety lights for burned out lamps / LED's.
6) If pole mounted:
a. Inspect conduit for damage.
b. Check ground connection for tightness.
A.19. Type 2 — Bi-Annual Operational Inspection (Conflict Monitor Unit Checklist).
Testing as per CalTrans Model 210 Conflict Monitor Certification Report:
1) Perform Diagnostic Test.
2) System Timing Tests.
3) Voltage Tests.
6
4) Permissive Tests.
5) Watchdog Tests.
6) Logic GND Tests.
A.20. GENERAL REPAIR ITEMS FOR STREET LIGHTING AND OTHER LIGHTED
FACILITIES, INCLUDE BUT NOT LIMITED TO:
1) Fixtures.
2) Lamps.
3) Visors.
4) Poles.
5) Wiring / Conductors / Conduit.
6) Fuses.
7) Batteries.
8) Solar panels.
9) Electrical control box components.
A.21. Stock of spare parts and inventory:
Consultant must stock spare parts and keep an inventory list, as determined necessary
and approved by Department. Consultant to store spare parts in a safe appropriate
location, and to always provide Department with access to spare parts. Consultant to be
liable for spare parts stolen or damaged. Consultant may invoice Department for spare
parts stocked. Consultant shall prepare an inventory list with minimum recommended
spare parts and submit this list to Department for approval. Parts may include but not
limited to:
1) Signal Cabinet.
2) Signal Indicator (red, yellow, green).
3) Signal/Lighting Pole standard (10-ft, etc).
4) Signal mast arm.
5) Signal Controller.
6) Signal vehicle head.
7) Signal pedestrian head.
8) Battery for Railroad pre-emption signal battery backup.
9) Blank out.
10) Signal Ahead flashing beacon.
11) Safety lights.
7
Traffic Signals and Lighting Attachment C
City of
TSSLID Location Type of Facility POLE# Description Map Number Left Turn Timing PMI Share with other Fresno
Detail No of Legs Program Agency
INTSC#
130 DICKENSON&JENSEN All-Way Stop Flashing Beacon 6 Yes 2125
2152 ASHLAN&VAN NESS Lighted Crossing Sign 2x pole mounted crosswalk signs. 4
2552 JENSEN&VALENTINE Lighted Crossing Sign Pedestrian crossing Jensen at Valentine.4 pole mounted hard wired 5
powered LED Pedestrian crossing signs,2 at the crosswalk,2
advanced warning.
448 DUNLAP&DUNLAP SCHOOL Lighted School Crossing Sign Lighted school crosswalk facility on Dunlap Rd,in Dunlap,CA.2x pole 7
mounted solar powered LED school signs.(12x LED In-Roadway Lights
were removed in 2023.)
449 FELAND&MOUNT WHITNEY Lighted School Crossing Sign School crosswalk in Riverdale.2x pole mounted solar powered LED 15
Rapid Flashing Beacon school signs.
1029 FOWLER&LATONIA Lighted School Crossing Sign School Pedestrian crossing Fowler at Latonia.4 pole mounted hard 13
wired powered LED School Pedestrian crossing signs,2 at the
crosswalk,2 advanced warning.
457 SR 168&PRINCETON Pedestrian Overcrossing Light Lighting above the deck on the safety screening on the pedestrian 3
bridge over the State Route 168 freeway near Barton&Princeton.
458 SR 168&WELDON Pedestrian Overcrossing Light Lighting above the deck on the safety screening on the pedestrian 3
bridge over the State Route 168 freeway near Barton&Weldon.
443 BNSF RAILROAD&CONEJO Railroad Preempt Flashing Burlington Northern Santa Fe Railroad.2x pole mounted Yellow 13
Beacon Flashing Beacons on Conejo,1 for eastbound and 1 for westbound
traffic.Between Willow and Peach.
444 BNSF RAILROAD&ELKHORN Railroad Preempt Flashing Burlington Northern Santa Fe Railroad.2x pole mounted solar battery 13
Beacon backup Yellow Flashing Beacons on Elkhorn,1 for eastbound and 1 for
westbound traffic.Between Cedar and Clovis.
445 BNSF RAILROAD&MANNING Railroad Preempt Flashing Near Manning and Burlington Northern Santa Fe Railroad.2x pole 13
Beacon mounted solar battery backup Yellow Flashing Beacons on Manning,1
for eastbound and 1 for westbound traffic.In Bowles between Cedar
and Maple.
2150 SP RAILROAD&CENTRAL Railroad Preempt Flashing Southern Pacific Railroad.1x pole mounted Railroad Preempt Flashing 12
Beacon Beacon,north side of Central,east of Golden State,northeast corner
of Central&Ward.
157 LINCOLN&ELM/LOTUS School Crossing Traffic School crosswalk signal,midblock on Lincoln between Elm and Lotus, 14 2 Permissive Yes Yes 1449
Control Signal in Easton.
5045 ADAMS&MAPLE Speed Feedback Sign North side of Adams,290 feet west of Maple.Solar powered vehicle 13
speed feedback sign.
5046 CEDAR&FLORAL Speed Feedback Sign South side of Floral,###feet east of Cedar.Solar powered vehicle 13
speed feedback sign.
5047 CHESTNUT&FLORAL Speed Feedback Sign North side of Floral,###feet west of Chestnut.Solar powered vehicle 13
speed feedback sign.
5044 FELAND&MOUNT WHITNEY Speed Feedback Sign North side of Mount Whitney,500 feet east of Feland.Solar powered 15
vehicle speed feedback sign.
5043 HASLAM&MOUNT WHITNEY Speed Feedback Sign South side of Mount Whitney,120 feet east of Haslam.Solar powered 15
vehicle speed feedback sign.
5048 MARINA/WINCHELL COVE& Speed Feedback Sign North side of Millerton,###feet west of Marina/Winchell Cove.Solar 1
MILLERTON powered vehicle speed feedback sign.Installed per County"Millerton
Road Modification"project.
228 ALLUVIAL&MARKS Street Light 39675 West side of Marks at Alluvial. 4
1
Traffic Signals and Lighting
City of
TSSLID Location Type of Facility POLE# Description Map Number Left Turn Timing PMI Share with other Fresno
Detail No of Legs Program Agency
INTSC#
1027 AMERICAN&ELM Street Light 18990 Southwest corner.New PG&E#18990,old#1899. 14
1026 AMERICAN&ELM Street Light 19000 Northeast corner.New PG&E#19000,old#1900. 14
360 ANDREWS&RECREATION Street Light 39399 Northeast corner. 3
2151 ASH LAN&VAN NESS Street Light 2x decorative fixtures in calming median. 4
197 BARSTOW&BRIARWOOD Street Light 40129 Southwest corner. 4
383 BARSTOW&FORKNER Street Light 36618 West side of Forkner,170 feet south of Barstow. 4
203 BARSTOW&FORKNER Street Light 36619 Northwest corner. 4
189 BARSTOW&KAVANAGH Street Light 40132 South side of Barstow,30 feet east of Kavanagh. 4
210 BARSTOW&KAVANAGH Street Light 40133 South side of Barstow,390 feet east of Kavanagh. 4
187 BARSTOW&LAFAYETTE Street Light 40131 South side of Barstow,75 feet east of Lafayette. 4
195 BARSTOW&PLEASANT Street Light 40130 South side of Barstow,120 feet west of Pleasant. 4
204 BARSTOW&TAHAN Street Light 40128 South side of Barstow at Tahan. 4
260 BELMONT&CLOVIS Street Light 69710 East side of Clovis,440 feet north of Belmont. 9
181 BELMONT&MARKS Street Light 69952 Northeast corner. 5
236 BELMONT&MARKS Street Light 69953 Southeast corner. 5
191 BELMONT&MARKS Street Light 69954 Southwest corner. 5
401 BELMONT&MARKS Street Light 69955 jEast side of Marks,120 feet south of Belmont. 5
409 BELMONT&MARKS Street Light 69956 West side of Marks,230 feet south of Belmont. 5
379 BELMONT&MARKS Street Light 69957 East side of Marks,300 feet south of Belmont. 5
371 BELMONT&MARKS Street Light 69958 West side of Marks,400 feet south of Belmont. 5
358 BELMONT&MARKS Street Light 69959 East side of Marks,480 feet south of Belmont. 5
330 BELMONT&MARKS Street Light 69960 West side of Marks,560 feet south of Belmont. 5
413 BELMONT&MARKS Street Light 69961 East side of Marks,630 feet south of Belmont. 5
393 BELMONT&MARKS Street Light 69962 lWest side of Marks,730 feet south of Belmont. 5
355 BELMONT&MARKS Street Light 69963 East side of Marks,780 feet south of Belmont. 5
387 BELMONT&MARKS Street Light 69964 West side of Marks,880 feet south of Belmont. 5
414 BELMONT&MARKS Street Light 69965 East side of Marks,960 feet south of Belmont. 5
397 BELMONT&MARKS Street Light 69966 West side of Marks,1060 feet south of Belmont. 5
377 BELMONT&MARKS Street Light 69967 East side of Marks,1130 feet south of Belmont. 5
384 BELMONT&MARKS Street Light 69968 West side of Marks,1200 feet south of Belmont. 5
389 BELMONT&MARKS Street Light 69969 jEast side of Marks,1270 feet south of Belmont. 5
249 BELMONT&PEACH Street Light 21561 South side of Belmont,270 feet west of Peach. 9
205 BELMONT&PEACH Street Light 41991 North side of Belmont,270 feet east of Peach. 9
248 BELMONT&WILLOW Street Light 21607 South side of Belmont,270 feet west of Willow. 9
417 BELMONT&WILLOW Street Light 39168 North side of Belmont,240 feet east of Willow. 9
356 BOND&BROWN Street Light 45359 East side of Bond,170 feet north of Brown. 3
411 BOND&BROWN Street Light 45360 Northeast corner. 3
346 BOND&CLINTON Street Light 45365 East side of Bond,180 feet north of Clinton.2 lights on same pole,1 3
for road,1 for alley.
408 BOND&HARVARD Street Light 45361 East side of Bond,180 feet north of Harvard. 3
410 BOND&HARVARD Street Light 45362 Northeast corner. 3
326 BOND&PRINCETON Street Light 45358 Northeast corner. 3
403 BOND&TERRACE Street Light 45363 East side of Bond,170 feet north of Terrace. 3
365 BOND&TERRACE Street Light 45364 Northeast corner. 3
329 BROOKS&DOVEWOOD Street Light 45475 South side of Dovewood,300 feet east of Brooks,at Channing. 4
375 BROWNING&CHANNING Street Light 45474 jEast side of Channing,170 feet south of Browning. 4
405 BROWNING&WOODSON Street Light 44230 North side of Browning,350 feet west of Woodson,between 4
Lafayette and Kavanagh.
188 BURNS&CEDAR Street Light 43793 South side of Burns,170 feet west of Cedar. 10
368 BURNS&ELEVENTH Street Light 43646 South side of Burns,180 feet west of Eleventh. 10
2
Traffic Signals and Lighting
City of
TSSLID Location Type of Facility POLE# Description Map Number Left Turn Timing PMI Share with other Fresno
Detail No of Legs Program Agency
INTSC#
342 BURNS&NINTH Street Light 43645 South side of Burns,180 feet east of Ninth. 10
232 CALIFORNIA&CEDAR Street Light 4438 East side of Cedar,at California. 10
347 CALIFORNIA&CRYSTAL Street Light 37037 West side of Crystal,650 feet north of California. 5
392 CALWA&CEDAR Street Light 17969 East side Cedar at Calwa,380 feet south of Jensen Bypass. 10
2331 CARRUTH&SIERRA Street Light 8362 Northeast corner. 4
224 CEDAR&HARVARD Street Light 3460 Northeast corner. 3
340 CEDAR&HARVARD Street Light 66187 East side of Cedar,150 feet south of Harvard. 3
220 CEDAR&JENSEN Street Light 43615 Southwest corner. 10
345 CEDAR&UNION Street Light 13702 North side of Union,485 feet east of Cedar. 3
388 CELESTE&CHANNING Street Light 45465 East side of Charming,170 feet south of Celeste. 4
380 CELESTE&CHANNING Street Light 45470 Southeast corner. 4
1025 CENTRAL&ELM Street Light 2_00 Southwest corner. 14
362 CHANCE&YALE Street Light 60216 East side of Barton at Yale. 3
331 CHANNING&MORRIS Street Light 45464 East side of Charming,160 feet south of Morris. 4
324 CHANNING&ROBERTS Street Light 45466 Southeast corner. 4
353 CHANNING&ROBERTS Street Light 45467 East side of Charming,160 feet south of Roberts. 4
185 CHERRY&NORTH Street Light 38084 Southside of North,750 feet west of Cherry. 5
199 CHESTNUT&JENSEN Street Light 43672 West side of Chestnut,50 feet north of Vine,east of canal. 10
359 CHESTNUT&JENSEN Street Light 43688 West side of Chestnut,370 feet north of Vine,east of canal. 10
367 CHESTNUT&JENSEN Street Light 43690 West side of Chestnut,600 feet north of Vine,east of canal. 10
332 CHESTNUT&JENSEN Street Light 43691 West side of Chestnut,700 feet north of Vine,east of canal. 10
344 CHESTNUT&JENSEN Street Light 43692 West side of Chestnut,325 feet south of Jensen,east of canal. 10
213 CLINTON&GARDEN Street Light 4268 North side Clinton at Garden. 3
230 CLINTON&WINERY Street Light 13710 INorth side of Clinton,420 feet west of Winery. 3
310 CLOVIS&JENSEN Street Light 25162 In median on Jensen,east of Clovis,next to left turn pocket. 9
309 CLOVIS&JENSEN Street Light 25164 In median on Clovis,south of Jensen,next to left turn pocket. 9
242 CLOVIS&KINGS CANYON Street Light 411431 South side of Kings Canyon,270 feet west of Clovis. 9
225 CLOVIS&PARK CIRCLE Street Light 44593 East side of Clovis,530 feet north of Park Circle. 9
2330 DELNO&SIERRA Street Light 8363 Northwest corner. 4
2333 ELLERY&FRUIT Street Light 11537 Northeast corner. 4
339 ELM&NORTH Street Light 6243 ISouth side of North,580 feet east of Elm. 5
341 ESCALON&SAN PABLO Street Light 45622 West side of San Pablo,440 feet north of Escalon. 4
390 FAIRFAX&MCKINLEY Street Light 26526 North side of McKinley,180 feet west of Fairfax. 3
399 FAIRFAX&MCKINLEY Street Light 43207 North side of Fairfax,480 feet north of McKinley. 3
322 FAIRFAX&MCKINLEY Street Light 43209 North side of Fairfax,170 feet north of McKinley. 3
378 FIG&NORTH Street Light 6233 West side of Fig,280 feet south of North. 5
386 FORKNER&SAN BRUNO Street Light 39201 West side of Forkner at San Bruno. 4
334 FORKNER&SIERRA Street Light 32153 Northwest corner. 4
361 FOUNTAIN&RECREATION Street Light 39400 Southeast corner. 3
184 FRUIT&HOLLAND Street Light 39607 Northeast corner. 4
182 FRUIT&JENSEN Street Light 39523 Southeast corner. 4
2336 FRUIT&MESA Street Light 11539 Northeast corner. 4
2337 FRUIT&MESA Street Light 41436 North side of Mesa,105 feet east of Fruit. 4
2338 FRUIT&MESA Street Light 41437 North side of Mesa,400 feet east of Fruit. 4
2334 FRUIT&SAMPLE Street Light 8986 jEast side of Fruit,165 feet south of Sample. 4
2335 FRUIT&STUART Street Light 11538 Northeast corner. 4
2332 FRUIT&TENAYA Street Light 11536 Northeast corner. 4
186 GARRETT&ORANGE Street Light 39427 East side of Orange at Garrett. 10
363 GLENN&SWIFT Street Light 4842 Southeast corner. 4
394 GRIFFITH&MAROA Street Light 15789 North side of Griffith,140 feet west of Maroa. 4
3
Traffic Signals and Lighting
City of
TSSLID Location Type of Facility POLE# Description Map Number Left Turn Timing PMI Share with other Fresno
Detail No of Legs Program Agency
INTSC#
374 GRIFFITH&WISHON Street Light 1630 Southwest corner. 4
412 HERNDON&VAN NESS Street Light 48216 South side of Herndon,110 feet west of Van Ness. 4
385 HERNDON&VAN NESS Street Light 48217 South side of Herndon,290 feet west of Van Ness. 4
233 HUGHES&OLIVE Street Light 39702 South side of Olive,640 feet west of Hughes. 5
34 JENSEN BYPASS&PULLMAN Street Light 17752 South side of Jensen Bypass,240 feet west of Pullman. 10
35 JENSEN BYPASS&PULLMAN Street Light 17753 Northwest corner. 10
36 JENSEN BYPASS&PULLMAN Street Light 17754 South side of Jensen Bypass,600 feet west of Pullman. 10
37 JENSEN BYPASS&PULLMAN Street Light 17755 North side of Jensen Bypass,420 feet west of Pullman. 10
38 JENSEN BYPASS&PULLMAN Street Light 17756 South side of Jensen Bypass,970 feet west of Pullman. 10
183 JENSEN BYPASS&PULLMAN Street Light 17757 North side of Jensen Bypass,740 feet west of Pullman. 10
986 JENSEN BYPASS&PULLMAN Street Light 26042 Southeast corner.Calwa area. 10
328 MARKS&NIELSEN Street Light 69988 West side of Marks,1220 feet north of Nielsen. 5
373 MARKS&PRINCETON Street Light 16514 South side of Princeton,1200 feet west of Marks. 5
327 MARKS&PRINCETON Street Light 16515 South side of Princeton,900 feet west of Marks. 5
404 MARKS&SAN JOSE Street Light 68466 Southeast corner. 4
400 MAROA&SAN JOSE Street Light 60860 North side of San Jose,650 feet west of Marcia. 4
395 MAYFAIR&NORMAL Street Light 45308 In Normal/Norris Alley north of Mayfair Dr S,southeast of Mayfair 3
Blvd.
335 MAYFAIR&NORRIS Street Light 45309 Northwest side of Mayfair Blvd,140 feet southwest of Norris,on 3
northeast side of Normal/Norris alley.
338 MAYFAIR&SECOND Street Light 43476 East side of Mayfair at Second. 3
391 PALM&SHAW Street Light 67250 East side of Palm,180 feet south of Shaw. 4
323 PAUL&WISHON Street Light 40947 West side of Wishon,140 feet south of Paul. 4
337 PRINCETON&ROWELL Street Light 43448 1 Northwest corner. 3
398 PRINCETON&SIERRA VISTA Street Light 43275 Southwest corner. 3
349 TEILMAN&TWAIN Street Light 39374 Northeast corner. 4
2340 VARTIKIAN&WEST Street Light 38648 West side of West,185 feet south of Vartikian. 4
70 ACADEMY&BELMONT Traffic Control Signal Near the City of Sanger. 8 4 EB&WB Yes Yes 65
Permissive;NB&
SB Protected
71 ACADEMY&MANNING Traffic Control Signal Near the City of Parlier. 11 4 Protected Yes Yes City of Parlier 60
72 ACADEMY&MOUNTAIN VIEW Traffic Control Signal Near the City of Kingsburg. 11 4 Protected Yes Yes 55
74 ALTA&MANNING Traffic Control Signal Near the City of Reedley. 11 4 Protected Yes Yes 5
76 AMERICAN&GOLDEN STATE Traffic Control Signal Near the City of Fresno. 12 4 Protected Yes Yes 355
79 ASHLAN&CLOVIS Traffic Control Signal Near the City of Clovis. 2 4 Protected Yes Yes City of Clovis 245
82 ASHLAN&MINNEWAWA Traffic Control Signal Near the City of Clovis. 2 4 NB&SB Yes Yes City of Clovis 259
Permissive;EB&
WB Protected
438 AUBERRY&COPPER Traffic Control Signal Near the City of Fresno and City of Clovis. 1 1 3 Protected Yes Yes 290
85 BARSTOW&FRUIT Traffic Control Signal Near the City of Fresno. 4 4 Protected Yes Yes 1910
94 BELMONT&WILLOW Traffic Control Signal Near the City of Fresno. 9 4 NB&SB Yes Yes 330
Permissive;EB&
WB Protected
95 BETHEL&MANNING Traffic Control Signal Near the City of Parlier. 11 4 NB&SB Yes Yes 62
Permissive;EB&
WB Protected
1024 BETHEL&MOUNTAIN VIEW Traffic Control Signal Near the City of Kingsburg. 11 4 Protected Yes Yes City of Kingsburg 85
97 BLYTHE&SHIELDS Traffic Control Signal lNear the City of Fresno. 5 4 Protected Yes Yes 2044
4
Traffic Signals and Lighting
Map Number Timing Share with other City of
TSSLID Location Type of Facility POLE# Description Left Turn PMI Fresno
Detail No of Legs Program Agency
INTSC#
439 BRIGHTON CREST&MILLERTON Traffic Control Signal At new entrance to Table Mountain Rancheria Casino,Winning 1 4 NB&SB Yes Yes Private-Table 898
Way/Jackpot Ln(North leg)and Brighton Crest(South leg).Per sv, Permissive;EB& Mountain Casino
north leg might end up as"Lucky Lane",instead of"Winning Way". WB Protected
99 BROWNING&FRUIT Traffic Control Signal Near the City of Fresno. 4 4 EB&WB Yes Yes 1911
Permissive;NB&
SB Protected
54 CENTRAL&CHESTNUT Traffic Control Signal Near the City of Fresno. 12 4 EB&WB Yes Yes 350
Permissive;NB&
SB Protected
110 CENTRAL&GOLDEN STATE Traffic Control Signal 4x pole mounted Signal Ahead Flashing Beacons on Golden State,2 12 4 Protected Yes Yes 354
for northbound,2 for southbound traffic.
114 CHESTNUT&NORTH Traffic Control Signal Near the City of Fresno. 12 4 EB&WB Yes Yes 357
Permissive;NB&
SB Protected
125 CLOVIS&GOLDEN STATE FRTG Traffic Control Signal Near the City of Fowler. 12 3 Protected Yes Yes 203
131 ELM&LINCOLN Traffic Control Signal In Easton. 14 4 EB&WB Yes Yes 1452
Permissive;NB&
SB Protected
137 FRIANT&NORTH FORK Traffic Control Signal In Friant. 1 4 Protected Yes Yes 907
139 GETTYSBURG&PALM Traffic Control Signal Near the City of Fresno. 4 4 Permissive Yes Yes 1840
452 GETTYSBURG&SIERRA VISTA/ Traffic Control Signal Near the City of Clovis. 2 4 Protected Yes Yes City of Clovis 251
SUNNYSIDE
140 GOLDEN STATE&GOLDEN STATE Traffic Control Signal 4x pole mounted Signal Ahead Flashing Beacons on Golden State,2 12 3 Protected Yes Yes 204
FRTG for northbound,2 for southbound traffic.
141 GOLDEN STATE&MOUNTAIN Traffic Control Signal 2x Signal Ahead Flashing Beacons on Mt View for westbound traffic. 11 4 Protected Yes Yes City of Kingsburg 90
VIEW &City of Selma
454 JAYNE&STATE HOSPITAL Traffic Control Signal 3x Safety lights,1 Street light,2x pole&mast mounted Signal Ahead 16 3 Protected Yes Yes City of Coalinga
ENTRANCE Flashing Beacons on Jayne,1 for eastbound and 1 for westbound
traffic.On Jayne,at entrance to State Hospital in Coalinga at 24511 W.
Jayne Ave.
149 JENSEN&MCCALL Traffic Control Signal Near the City of Sanger. 8 4 Protected Yes Yes 125
156 LAC JAC&MANNING Traffic Control Signal Near the City of Reedley.2x Signal Ahead Flashing Beacons. 11 4 NB&SB Yes Yes 25
Permissive;EB&
WB Protected
158 MANNING&MCCALL Traffic Control Signal Near the City of Selma. 11 4 Protected Yes Yes 104
159 MANNING&NEWMARK Traffic Control Signal Near the City of Parlier. 11 4 NB&SB Yes Yes City of Parlier 30
Permissive;EB&
WB Protected
160 MANNING&ZEDIKER Traffic Control Signal Near the City of Parlier. 11 4 NB&SB Yes Yes City of Parlier 29
Permissive;EB&
WB Protected
166 MENDOCINO&MOUNTAIN VIEW Traffic Control Signal Near the City of Kingsburg. 11 4 Protected Yes Yes 50
168 MILLERTON&TABLE MOUNTAIN Traffic Control Signal 2x pole mounted Signal Ahead Flashing Beacons on Millerton at 1 3 SB&WB Yes Yes Private-Table 903
ENTRANCE entrance to Table Mountain Rancheria Casino,for eastbound and for Permissive;EB Mountain Casino
westbound traffic. Protected
169 MOUNTAIN VIEW&ZEDIKER Traffic Control Signal I lNear the City of Kingsburg. 1 11 1 4 Protected Yes Yes 40
5
Traffic Signals and Lighting
City of
TSSLID Location Type of Facility POLE# Description Map Number Left Turn Timing PMI Share with other Fresno
Detail No of Legs Program Agency
INTSC#
164 MCCALL&SHAW All-Way Stop/Future Traffic Near the City of Clovis. 8 4 Protected Yes Yes 195
Control Signal
6
Exhibit B - Consultant Proposal
D. KEY INDIVIDUALS RESUMES
BEAR
County of Fresno Executive Team Support
VP of Operations
Brent Paulson cs�yrs.with BEaR>
Project Manager VP of Sales/Traffic Engineer
Brittney Sandy caves W�tn BEaR> Robert Asuncion, TE cco-founaer�
Field Superintendent Primary Electrician
James King cssyrs.With B�R� Kevin Roa c9yrs.With BEAR>
(45) Field Electricians
(4) Low Voltage/ Fiber Technician
(12) Laborers
(4) Material Warehouse Staff
2024 Bear Electrical Solutions,
D. KEY INDIVIDUALS RESUMES
BERR
Brittney Sandy
Project Manager
Brittney is an experienced manager whose unique skill set is providing
effective project communications with tenacity. She is experienced in
directing and managing team members and subcontractors while meeting
project deliverables and customer expectations. Brittney can work in fast-
paced environments and highly logistical scopes with a proven track record.
U
Project Engineer
a�
Bear Electrical Solutions, Inc. I 2020-present I Alviso, CA
• Forward-facing maintenance account representative for various public agency clients. Very client relationship
w focused.
• Responsible for project communications, material procurement, estimating and proposal development
• Procurement specialist with multiple vendor relationships in the traffic signal, ITS, and streetlighting business
• City/County permitting
• Responsible for construction/maintenance projects ranging from $500-$11VI.
Area Sales Manager
Power Crunch 1 2019-2020 1 Alviso, CA
• Oversight of sales operations for large regional areas.
• Conducted market research and competitive analysis to identify trends, customer needs, and business
expansion.
• Fostered strong relationships with key clients and partners, negotiating contracts and resolving issues
to ensure long-term satisfaction.
Additional Skills
BA Communications - Professional Public&
Organizational Communications(2012)
Permit Work and Permit Coordination
Computer - Email, MS Office
Purchasing, Tracking,Vendor Relations
2024 Bear Electrical Solutions, Inc 7
D. KEY INDIVIDUALS RESUMES
BERR
James King
Field Superintendent
As field superintendent, James manages and assigns project resources to
customers to ensure project delivery. With over 25 years of electrical
maintenance and construction experience,James has accomplished many
projects for Bear clients and other agencies in the area. James self-performs
work as well as provides mentorship and training to new electrical maintenance
and construction employees.
Field Superintendent
a�
Bear Electrical Solutions, Inc. 1 2013 - present I Alviso, CA
a) Working field superintendent responsible for BEAR's Salinas/ Monterey regional operations.
wOver two decades of traffic signal system installation and maintenance experience, including ITS, fiber optic, and
underground repair.
Electrician
Siemens/ Republic ITS 1 2004-2013 1 Fremont, CA
Traffic Signal, Streetlight Maintenance and Construction
Emergency Response
Certifications Licenses
IMSA-Work Zone Safety State of California General Electrician #E119642-G
IMSA-Traffic Signals Field Electrician 1/11 State of California Contractor License (C-10, C-31)-
OSHA Training& Heavy Equipment Operator #982079
FOA Certified Fiber Optic Technician IBEW Union Member
Certified Cable Splicing and Terminating for
2024 Bear Electrical Solutions, Inc 8
D. KEY INDIVIDUALS RESUMES
BERR
Kevi n Roa
Electrician
With over eight(8)years of experience as traffic signal/streetlight electrician,
Kevin has established himself as dedicated and knowledgeable within the
industry, specializing in on-call traffic signal and streetlight maintenance. Fully
trained in all aspects of traffic signal and ITS troubleshooting, new installations,
and modifications.
Electrician
a�
Bear Electrical Solutions, Inc. I 2015-present I Alviso, CA
• Dedicated traffic signal and streetlight routine, response, and emergency response services.
w • Trained and certified in various ITS technologies and platforms
(such as 2070/170/NEMA, TS1-TS2, legacy non-NEMA PLC.)
• Ensure maintenance contract compliance with agency requirements for fieldwork.
Investigative Aide
Monterey County District Attorney 1 2013-2014 1 Salinas, CA
• Under direction of District Attorney provided information and communication support relating with
criminal investigation cases.
• Independently contacted case requesters to obtain additional information.
Certifications Licenses and Education
OSHA 30 BS Degree - Criminal Justice
IMSA Traffic Signal Bench Level III Minor - Information Technology
IMSA Traffic Signal Field Level III
IMSA Work Zone Traffic Control Technician
CPR/AED
2024 Bear Electrical Solutions, Inc 9
kk
D. KEY INDIVIDUALS RESUMES
BERR
Brent Paulson
Vice President of Operations
As the Vice President of Operations for Bear Electrical Brent ensures all project
40, resources - personnel, material, and equipment - are in place and operating as
desired from a Company and customer perspective. As a previous electrician
' and project manager, Brent Paulson provides high-level oversight to our
company's operations team, ensuring that internal and external customer
expectations are met. Under Brent's leadership,the company has continued to
grow and expand, delivering on Bear's promises and values to its clients.
U
Project Manager
a�
Bear Electrical Solutions, Inc. I 2013-present I Alviso, CA
Q As a project manager for Bear Electrical, Brent leads a project management team that is responsible for the
w maintenance and service of approximately 2,000 signals and 120,000 streetlights for various agencies in the San
Francisco Bay Area. His team also specializes in ITS deployment and SMART City projects.
Electrician
Siemens/ Republic ITS 1 2007-2013 1 Fremont, CA
• Traffic Signal Maintenance
• Streetlight Maintenance
• Fiber Optic/Copper/Wireless Communication
• ITS Deployment
• Traffic Signal Upgrades/ Modifications
Certifications Licenses
IMSA-Work Zone Safety State of California General Electrician
IMSA-Traffic Signals Field Electrician 1/11/III #E-155344-G
IMSA - Traffic Signals Bench 1/11 Project Management Professional (PMP)
OSHA 30 Certified
IBEW Apprenticeship Graduate
NECA Accredited and Certified PM
Project Management Professional (PMP)
2024 Bear Electrical Solutions, Inc 10
D. KEY INDIVIDUALS RESUMES
BERR
Robert Asuncion
Company Principal / Traffic Engineer
For the County of Fresno, Robert can provide on-call traffic engineering support
should the City require ad-hoc consulting. Starting his career in the public sector
and later forming a business focused on meeting the needs of cities, Robert
provides expertise and insights on best maintenance practices while ensuring
6 technical compliance.
a) Co-Founder and Vice-President
a�
Bear Electrical Solutions, Inc. 12013-present I Alviso, CA
• Co-founded business from scratch and grew operations from 2 employees to over 145 employees statewide.
w • Provides traffic signal maintenance expertise;
• Business development.
Regional Manager
Siemens/ Republic ITS 1 2004-2012 1 Fremont, CA
• Responsible for P&L activities for the SF Bay Area regional office with annual revenues of over
$40M per year;
• Cost estimating;
• Provided on-call traffic engineering consultation for various public agency clients.
Associate Transportation Engineer
City of Fremont 1 1999-2004 1 Fremont, CA
• Citizen respondent to all traffic engineering-related inquiries;
• Responsible for traffic signal operations & red light-camera program for a City with over 200k population.
Certifications Licenses
IMSA-Work Zone Safety State of California Professional Engineer in Traffic
IMSA-Traffic Signals Field Electrician I/II/III Engineering(No.TR 2156)
IMSA - Traffic Signals Bench 1/II State of California Contractor License-
Bachelors in Civil Engineering Class A General Engineering(No. 982079)
State of Nevada Contractor License -
Class A General Engineering(No. 0090133)
2024 Bear Electrical Solutions, Inc 11
SCOPEE. '
BERR
ROUTINE Maintenance Activities
The following is a detailed scope of services which reflects the Scope of Work described in the RFP and additional services
that benefit this project.
Routine Maintenance 6. Check detector units and systems including but not
limited to inductive loops,video cameras, radar
90%of our current service contracts throughout detection,and pedestrian/bicycle push buttons for
California have similar requirements, and this scope of correct detection of both vehicles, bicycles and
work is common for us. pedestrians and adjust or report as necessary to
restore intended operation. This includes the splicing
Bear will perform the following ANNUAL/BI-ANNUAL (or re-splicing)of detector loop cables in the pull box
maintenance as well as items specified in RFP and the replacement of pedestrian/bicycle buttons as
Attachment A: needed;
1. Clean the inside and outside of all controller 7• Visually inspect the signal malfunction management
unit or conflict monitor for correct operation;
cabinet assemblies,electrical service,battery $. Visually inspect relays,clocks,dials, motors,switches,
backup cabinets,and interconnect cabinets, and similar equipment for all components of the traffic
removing any foreign material including graffiti signal systems. Make routine adjustments or minor
and stickers. Tighten all electrical connections repairs needed;
and check all Fiber Optic and Ethernet 9. Walk all approaches of the intersection and visually
connections. Inspect/protect all related inspect all signal poles, mast arms,signal head and
facilities for/from ant, bug, or rodent indications(including programmed visibility
infiltration. Rust and water damage shall be indications),traffic control signs, pedestrian signals,
reported to the County in the monthly report. illuminated street name signs, loop sealants, pull box
Inspect cabinet air filter and replace as covers,and any other devices to verify the correct
necessary(the cabinet filter shall be replaced
at least every six months); condition, placement,and/or operation. Any traffic
2. Check timing of individual signal phases and signal or illuminated indication that is burned out or
has reached 80 percent depletion curve shall be
integral timing circuits for the correct replaced. All traffic head and pedestrian heads found
operations per the timing sheet; to be out of alignment shall be properly aligned and
3. Check timing of Yellow(clearance)and All Red secured. Check all traffic signal indication visibility at
intervals on all phases by stopwatch per the approach distances, remedy,or report visibility
timing sheet; deficiencies to the County immediately. Missing signs,
4. Check timing of Pedestrian Walk and Flashing including pedestrian and bicycle push button plates
Don't Walk intervals on all phases by shall be replaced. Cracked or damaged loop sealants
stopwatch per the timing sheet; shall be re-sealed. All other equipment found loose,
S. Check and set, if necessary,the controller's missing or damaged shall be secured,replaced,or
digital time clock to National Bureau of
Standards time; repaired;
2024 Bear Electrical Solutions, Inc 12
SCOPEE. O '
BERR
Project Plan
At Bear Electrical Solutions, we understand that every successful project starts with a great plan. Key project
plan elements for traffic signal maintenance projects include a complete understanding of the scope of work,
project budget, effective communication & reporting, and quality control procedures.
Project Overview & Understanding
We understand the purpose of this agreement is to provide routine scheduled maintenance, extraordinary maintenance,
emergency repairs, and technical support for the County's Traffic Signal and Lighting per RFP Attachment C.
Having serviced similar agencies with the same signal system as the County of Fresno Bear can provide a seamless traffic
signal maintenance program that includes preventative maintenance routine exercises, 24/7/365 emergency response,
miscellaneous upgrades& extraordinary projects, communication, network, and DigAlert services.
Bear will have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor services, and
materials to perform all work necessary to maintain the traffic signal facilities effectively and professionally.
Project Budget
We understand the importance of delivering services not only on time but also on budget. We aim to work collaboratively with
the County to use the funds available most efficiently. Given the nature of maintenance and response-type work, it is
impossible to accurately predict all incurred costs since much work is dispatched due to vehicular accidents, weather
damage, or acts of God. This is why managing this type of project budget effectively is contingent on two key project
management plan components, an effective communication plan and timely accounting reports.
Communication & Reporting Plan
A communication and reporting plan ensures that all pertinent information is distributed to all project stakeholders. This
allows us all to operate with the same set of facts to work collaboratively with the County to make decisions, manage budgets,
and respond to requests. We intend to collaborate with the County to draft an effective communication plan. The following
page contains a conceptual communication and reporting plan that we feel fits the needs of the County of Fresno:
• Audience and Responsibilities
Our standard practice is conducting a project kick-off meeting after the contract is awarded. At this meeting, we can identify
all key project stakeholders from the County. This enables Bear and the County to operate with the same facts. While we
empower our project manager to manage communication with the County ultimately, we understand it is sometimes best to
get information straight from the source in the field.
2024 Bear Electrical Solutions, Inc 13
SCOPEE. O '
BERR
Project Plan (cont.)
We empower all employees to communicate and build relationships with our clients. Along with this, we also leverage
technology to ensure we have clarity and alignment among all stakeholders.
• Communication Channels and Reporting Content
The following schedule is our recommended Communication and Reporting plan for this project which can be further
tailored to meet specific agency goals:
Communication and Reportino Plan
•- Responsibility Description
Automatic Email Alerts Bear Salesforce CRM (to be Upon commencement of work, automatic email alerts are
provided at no additional cost) configured so stakeholders can be notified of work as its
completed
Emergency . Bear Technician/Project For issues concerning public safety, we empower our
requiring immediate Manager technicians to communicate directly with our clients to resolve
attention issues as quickly as possible. A brief follow-up with written
communication on the subject matter will be communicated via
email by the project manager
Weekly Account Update Bear Project Manager At the end of each week, the assigned project manager
provides an update via email on completed work this week,
proposed schedule for the following week, and status on all
open work with action items for both Bear and the County
Monthly Maintenance Bear Project Manager Meet in person or virtually once per month with all project
Meetingsstakeholders to discuss status of project
AccountingMonthly Bear Accounting Department Our accounting department sends monthly invoicing
Reports summarizing all work performed during the previous month
with costs broken down per work order. Along with this report,
our accounting department also captures year-to-date
expenditures and available contract balances. This allows both
the County and Bear to manage the rate of expenditures and
make educated decisions on how to best use available funding.
Our Communications& Records Tool- Built on the Salesforce platform,
we call the maintenance record system that we have developed STAR -
Service Tracking and Records system. o
ft1M.
All service calls and work performed with all the essential data will be
recorded on provided to the County on a real-time online basis at the end
of the month.
Our STAR system's main features are the ability to provide valuable reports
and be a powerful communications tool for all its users.
• Communication Feedback
One of the core values we built our business on is the notion of continuous improvement.This can only happen with
open and honest feedback. We encourage all stakeholders to provide feedback and suggest any improvements or
changes meet the needs of the County.
2024 Bear Electrical Solutions, Inc 14
SCOPEE. WORK -
BERR
Quality Management Plan
Accountability&Ownership
The first and most important aspect with our quality management plan is the establishment of accountability and ownership.
We will assign one consistent Project Foreman and Project Manager who will take ownership of the account. Together,they
will work together with the County to communicate and be accountable for responsiveness.This isn't simply transactional
tasks; but to establish a working relationship.They care about the County as if it was their own. Using Bear business
processes and cloud-based work order system,the Foreman and Project Manager engineer will provide meaningful updates
for the County.
Management Oversight We have three levels of management oversight of our QAP.
The project management team utilizes reports, alerts, and real-time access to our dashboards in our cloud-based
Fr—ist-1 work order system called STAR to review the effectiveness and performance of our field team.The project
Level engineer interprets data and analyzes reports from our system to provide insights and advice on improving the
maintenance program and money spent. Project management also reviews and approves work orders the field
team performs before closeout. Examples of routinely analyzed reports are weekly work orders (by field type)
reports, open &close work alerts, and knockdown and overtime work reports.
Field superintendent and account manager monitor work reports and schedules to ensure resources are
appropriately dedicated to the County, and deliverables are met.Together they meet weekly to discuss
Level performance through weekly job and scheduling meetings. The intent is to be as proactive and diligent as
possible to minimize reactive work.
FP 71 Bear's VP of Operations is involved in regular account reviews with the Bear team and the County to drive best
Level_.J practices.
Bear Electrical Solutions has a proven track record of delivering responsive, efficient, cost-effective maintenance services to
the County. Our familiarity with the County's signal systems and our staff's technical ability to quickly diagnose and resolve
issues has allowed us to maintain high levels of equipment uptime, reduce incidents of malfunctions, and minimize
operational complaints. In addition to this, we have also successfully extended the useful life of the County's equipment,
which has resulted in cost savings for the County.
We take a proactive approach to maintenance, performing routine inspections and identifying potential issues before they
become significant problems. Through learned experience, we have developed a detailed maintenance program that meets
the County's requirements and manufacturer specifications. With such knowledge, we are confident that our team of
professionals will meet the County's service needs.
Continuous Improvement - Potential Project Cost Savings
In line with our company's core values, we can recommend some cost-saving measures once we completely understand and
assess the County's infrastructure and maintenance trends. An example of some cost-saving measures we have completed
with other customers includes revising their routine exercises to include/exclude certain tasks, adjustments to maintenance
intervals, reassignment of tasks, batch upgrading, or forming a deferred maintenance strategy.
The key elements to providing cost-saving solutions are effective cost & data tracking and an effective communication plan
between the County and Bear.
2024 Bear Electrical Solutions, Inc 15
kil
F. SCHEDULE OF WORK
BERR
Project Schedule Based on Resources
Bear Electrical's vast experience with over 100 agencies, uniquely positions us to forecast schedules and allocate resources
based on the date we have collected over the years. The following is a forecast for the County of Fresno that indicates
resource allocation which can help drive a more accurate schedule of work.
• Routine Maintenance - approx. 100 Hours/year(estimated)
• Emergency and Extra Ordinary Maintenance - 1500 Hours/Year
With this information, we can confidently provide the following proposed annual schedule and conceptual allocation of
resources for maintenance and response services.
A/located Hours
���Wssigned To Per • •
• Robert Asuncion As-Needed
• - . •.• Brent Paulson As-Needed
Brittany Sandy 40Time for meetings,WO review,invoicing,proposal development
James King 60 Resource management and quality management
Preventative Maintenance Kevin Roa+Support Staff 70
James King+Support Staff Annually-100 hrs Scope to be performed by laboratory technician
James King+Support Staff Annually-100 hrs Scope to be performed by laboratory technician
Kevin Roa+Support Staff 4
Kevin Roa+Support Staff 20
BEAR Electrician As-needed
Kevin Franco As-Needed
Emergency Maintenance Kevin Roa+Support Staff As-Needed Handled by on-call electrician with 24/7/365 dispatch.
Managed by field superintendent-exact crew make-up and size is dependent on scope of
ExtraordinaryKevin Roa+Support Staff As-Needed work.
2024 Bear Electrical Solutions, Inc 16
Allocated HoursPer
ContractAssigned To Month Job Classification
Principal - Not
Administration Robert Asuncion As-Needed chargeable
Overall Operations Principal - Not
Management Brent Paulson As-Needed chargeable
Project Manager- not Time for meetings, WO
chargeable included review, invoicing,
Project ManagementBrittany Sandy 40 proposal development
Resource
Local • Electrician management and
ManagementJames King 60 quality management
Preventative Kevin Roa +Support
Maintenance Staff 70 Part of Type 1 PM Fee
Scope to be
James King+Support Part of Type 1 PM Fee performed by
Staff Annually- 100 hrs laboratory technician
Scope to be
James King+Support Part of Type 2 PM Fee performed by
CMU/MMU Testing Staff Annually- 100 hrs laboratory technician
If requested and
authorized, to be
billed via Laborer or
Kevin Roa+Support Electrician job
SweepsNight Staff 4 classification
If requested and
authorized, to be
Kevin Roa+Support billed via Electrician
Staff 20 job classification
If requested and
authorized, to be
billed via Electrician
Streetlighting BEAR Electrician As-needed job classification
If requested and
authorized, to be
billed via Laborer or
Kevin Roa +Support Electrician job
Staff As-Needed classification
If requested and
authorized, to be Handled by on-call
Emergency Kevin Roa +Support billed via Electrician electrician with
Maintenance Staff As-Needed job classification 24/7/365 dispatch.
If requested and Managed by field
authorized, to be superintendent- exact
billed via Electrician crew make-up and
Extraordinary Kevin Roa +Support job classification size is dependent on
Maintenance Staff As-Needed scope of work.
Exhibit C - Cost Proposal
Attachment H
Maintenance Cost Proposal
Unscheduled Maintenance Call-Out Service for Existing Traffic Signals and Lighting
LABOR
Job Classification NORMAL WORKING HOURS AFTER NORMAL WORKING
HOURS
11 Electrician _ S 125.00 per hour S 185•00 per hour
2 Laborer S r hour S Der hour
3 Crane I Heavy Operator 125.00 per hour S per hour
4' per hour S per hour
5' per hour S perhour
EQUIPMENT
EQUIPMENT TYPE DESCRIPTION BILLED RATE
1 Truck Bucket Truck -41-ft reach $ 35.00 per hour
2 Pickup Truck Non-Bucket $ 30.00 per hour
3 Dump Truck Dump Truck $ er hour _
4 Crane Truck High Reach Crane $ 65.00 per hour
5 $ per
OTHER COSTS
DESCRIPTION COST
$ Der hour
Sper hour
Sper hour
Scheduled Maintenance Service for Existing Traffic Signals
'For Locations marked 'Yes' under the "PMI" column in the Attachment C list_
PREVENTATIVE
MAINTENANCE INSPECTION FREQUENCY COST
PMI TYPE
Type 1 - Annual Operational
Inspection (General Traffic Annual S 165.00 per location
Signal Checklist)
Type 2 - Bi-Annual Operational 165.00
Inspection (Conflict Monitor Unit Bil-annual (every 6 months) $ per location
Checklist)
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Consultant or any third
parties, Consultant, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Consultant shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Consultant's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). If this is a claims-made policy, then (1)the retroactive date must
be prior to the date on which services began under this Agreement; (2)the Consultant
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Consultant shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
If the Consultant is a governmental entity, it may satisfy the policy requirements above through
a program of self-insurance, including an insurance pooling arrangement or joint exercise of
powers agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Consultant signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Consultant shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
1
Exhibit D
Floor, Fresno, California 93721, or HRRiskManagement fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Consultant has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Consultant's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Consultant shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Consultant shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Consultant shall, or
shall cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Consultant or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Consultant has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Consultant shall deliver, or cause its broker or producer
2
Exhibit D
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Consultant waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Consultant is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Consultant's waiver of subrogation under this paragraph is effective
whether or not the Consultant obtains such an endorsement.
(F) County's Remedy for Consultant's Failure to Maintain. If the Consultant fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Consultant. The County may offset such
charges against any amounts owed by the County to the Consultant under this
Agreement.
(G)Subconsultants. The Consultant shall require and verify that all Subconsultants used
by the Consultant to provide services under this Agreement maintain insurance meeting
all insurance requirements provided in this Agreement. This paragraph does not
authorize the Consultant to provide services under this Agreement using
Subconsultants.
3
Exhibit E
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County'),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
2
(1)Company Board Member Information:
Name: Robert Asuncion Date: May 6, 2024
Job Title: Principal /Vice President
(2)Company/Agency Name and Address:
Bear Electrical Solutions, Inc
1252 State Street
Alviso, CA 95002
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
No self dealing transactions.
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
N/A
(5)Authorized Signat
Signature: Date: May 6, 2024
Exhibit F
1
Resolution No. 07-525
1 BEFORE THE BOARD OF SUPERVISORS
2 OF THE COUNTY OF FRESNO
3 STATE OF CALIFORNIA
4
No.
5 In the matter of )
}
6 Amendment of Standard Conflict of )
Interest Code for All County )
7 Departments )
8
9 Whereas, the Political Reform Act, Government Code section 81000 et seq.,
10 requires state and local government agencies to adopt and promulgate conflict of interest
11 codes; and
12 Whereas, the Fair Political Practices Commission has adopted a regulation, Title
13 2 California Code of Regulations, section 18730, which contains the terms of a standard
14 conflict of interest code, and which may be amended by the Fair Political Practices
15 Commission after public notices and hearings to conform to amendments to the Political
16 Reform Act; and
17 Whereas, any local agency may incorporate this standard conflict of interest code,
18
and thereafter need not amend its code to conform to future amendments to the Political
19 Reform Act or its regulations; and
i
20 Whereas, the Board of Supervisors may adopt the standard conflict of interest
21 code on behalf of all County departments.
22 Now therefore be it resolved, that the terms of Title 2, California Code of
23 Regulations, section 18730, and any amendments to it duly adopted by the Fair Political
24 Practices Commission, are hereby incorporated by reference and, along with the Exhibits A
25 and B approved previously, today, or in the future, by this Board for each County
i
26 department, in which officers and employees are designated and disclosure categories are
27 set forth, constitute the conflict of interest codes of each County department,
28
COUNTY OF FRESNO
Fiemo,Ca11f—le 1
- 2
1
Conflict of interest forms shall be filed as follows:
2
1. As required by Government Code section 87500, subdivision(e),the County
3
Administrative Officer, District Attorney, County Counsel, and Auditor-Controller/Treasurer-
4 Tax Collector shall file one original of their statements with the County Clerk,who shall make
5 and retain a copy and forward the original to the Fair Political Practices Commission, which
6
shall be the filing officer.
7 2. As required b Government Code section 87500, subdivision q y Q), all other
8 department heads shall file one original of their statements with their departments. The filing
9 officer of each department shall make and retain a copy and forward the original to the Clerk
10 to the Board of Supervisors, who shall be the filing officer.
11 3. All other designated employees shall file one original of their statements
12 with their departments.
13 Adopted at a regular meeting of the Board of Supervisors, held on the 2nd day of
14 October, 2007, by the following vote, to wit:
15 Ayes: Supervisors Larson, Perea, Anderson, Case and Waterston
I 16 Noes: None
1
17 Absent: None
18
19 F
20
Chairman, Board of Supervisors
21
22 Attest:
23 _0/
24 (�J�
25 Clerk
26
i
27
28
i
COUNTY OF FRESNO
Fresno,Cellfarnia 2
County of Fresno
Fresno,California
3
Co
rl Conflict of Interest Code [n Email Me]
Double click!
i Local Agency Annual / Biennial Report
In accordance with Government Code Section 87306.5, this department has reviewed its Conflict of
Interest Code and has determined that (check one of the following):
1. ❑ Our department's Conflict of Interest Code accurately designates all positions
within our department which make or participate in the making of decisions which
may foreseeably have a material effect on any financial interest; and the
disclosure category assigned to each such position accurately requires the
disclosure of all of the specific types of investments, business positions, interests
in real property, and sources of income that are reportable under Government
Code Section 87302 ("reportable under Government Code Section 87302"
means: an investment, business position, interest in real property, or source of
income shall be made reportable by the Conflict of Interest Code if the business
entity in which the investment or business position is held, the interest in real
property, or the income or source of income may foreseeably be affected
materially by any decision made or participated in by the designated employee
by virtue of his or her position); or,
2. ® Our department's Conflict of Interest Code is in need of amendment. We have
determined that the following amendments are necessary (check applicable
items, and refer to Exhibits "A" and "B" for detail if appropriate):
A. ❑ Include new positions (including consultants) that must be designated.
B. ❑ Include or delete positions because changes in duties.
C. ❑ Include positions that manage public investments.
D. ❑ Revise disclosure categories.
E. ❑ Revise the titles of existing positions.
F. ❑ Delete titles of positions that have been abolished.
G. ❑ Other (describe)
CONTACT PERSON DEPARTMENT
Sam Mann Public Works and Planning
I hereby approve the foregoing reported information for our department:
stwhite 12/13/2021 4:01:37 PM [a Sign] Double click!
Department Head Signature/Date
Note: Government Code Section 87306 requires that when an agency (e.g., your department) has determined
that amendments or revisions are necessitated by changed circumstances, the amendments or revisions
shall be submitted to the code reviewing body within 90 days after the changed circumstances have
become apparent.
4
EXHIBIT "A"
PUBLIC WORKS AND PLANNING
Classification Category
Accountant I / II 2
Architect 1
Assistant Dorontnr of D--blir+ \A/orbs & Dlanninn- Planning and Resource
Management Official. 1
Building Inspector I / II 1
Building Plans Engineer 1
Chief Building Inspector 1
Chief of Field Surveys 1
Consultant
Deputy Director of Public Works 1
Development Services & Capital Projects Manager 1
Director of Public Works and Planning 1
Disposal Site Supervisor 2
Engineer I / II / III 1
Field Survey Supervisor 3
Financial Analyst I / II / III 1
Housing Rehabilitation Specialist I / 11 1
Information Technology Analyst I / 11 / III / IV 2
Landfill Operations Manager 1
Planner I / II / III 1
Principal Accountant 1
Principal Planner 1
Principal Staff Analyst 1
Public Works and Planning Business Manager 1
Public Works and Planning Information Technology Manager 1
Public Works Division Engineer 1
Resources Division Manager 1
Right-of-Way Agent II / III 1
Road Maintenance & Operations Division Manager 1
Road Maintenance Supervisor 1
Road Superintendent 1
Senior Accountant 2
Senior Engineer 1
Senior Engineering Technician 2
Senior Information Technology Analyst 2
Senior Planner 1
Senior Staff Analyst 1
5
Classification Category
Staff Analyst I / 11 / III 1
Supervising Accountant 1
Supervising Architect 1
Supervising Building Inspector 1
Supervising Engineer 1
Supervising Water/Wastewater Specialist 1
Traffic Maintenance Supervisor 2
Water & Natural Resources Manager 1
Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation: The Director of Public Works and Planning may determine in writing that a
particular consultant, although a "designated position", is hired to perform a range of
duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written determination shall include a
description of the consultant's duties and, based upon that description, a statement of
the extent of disclosure requirements. The Director of Public Works and Planning's
determination is a public record and shall be retained for public inspection in the same
manner and location as this conflict of interest code.
Local Assistance Procedures Manual Exhibit G EXHBIT 10-Q
Disclosure of Lobbying Activitie
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material cha e
c. cooperative agreement c. post-award
d. loan For Material hange Only:
e. loan guarantee year quarter
f. loan insurance date last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No 4 is Subawardee,
Enter Name and Addr s of Prime:
Prime 12 Subawardee
Tier if known
Congressional District,if known Congressional istrict,if known
6. Federal Department/Agency: 7. Federal Pr ram Name/Description:
CFDA mber,if applicable
8. Federal Action Number,if known: 9. Aw d Amount,if known:
10. Name and Address of Lobby Entity 11. dividuals Performing Services
(If individual,last name,first name,MI) cluding address if different from No. 10)
name,first name,MI)
(attach Continuation heet(s)if necessary)
12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
$ E] actual F-1 planne a. retainer
b. one-time fee
13. Form of Payment(check all that apply c. commission
a. cash d. contingent fee
b. in-kind;specify:nature e deferred
Val e f other,specify
15. Brief Description of Services erformed or to be performed and Date(s)of Service,including
officer(s),employee(s),or ember(s)contacted,for Payment Indicated in Item 12:
(attach Continuation Sheet(s)if necessary)
16. Continuation Sheet attached: Yes El No
17.Information requested t ough this form is authorized by Title
31 U.S.C.Section 135 . This disclosure of lobbying reliance Signature:
was placed by the ti above when his transaction was made or
entered into. Thi 'sclosure is required pursuant to 31 U.S.C. Print Name: Robert Asuncion
1352. This inf ation will be reported to Congress
semiannually nd will be available for public inspection. Any Vice President
person who ails to file the required disclosure shall be subject Title:
to a civil enalty of not less than$10,000 and not more than
$100,0 for each such failure. Telephone No.: 408-449-5178 Date: 05/06/2024
Authorized for Local Reproduction
Fe eral Use Only: Standard Form-LLL
Standard Form LLL Rev.04-28-06
/Listribution: Orig-Local Agency Project Files
1
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts,subgrants,and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of
the prime federal recipient. Include Congressional District,if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,
First Name and Middle Initial(MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity
(Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is
a material change report,enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind
payment.
14. Check all boxes that apply. If other,specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that
were contacted.
16. Check whether or not a continuation sheet(s)is attached.
17. The certifying official shall sign and date the form,and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503. SF-
LLL-Instructions Rev.06-04
2
Exhibit H
DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE
OF FEDERAL REGULATIONS, PART 29
The consultant, under penalty of perjury, certifies that, except as noted below, he/
she or any other person associated therewith in the capacity of owner, partner,
director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• 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 3 years.
If there are any exceptions to this certification, insert the exceptions in the following
space.
N/A
For any exception noted above, indicate below to whom it applies, initiating agency,
and dates of action.
Notes:
Providing false information may result in criminal prosecution or administrative
sanctions.
' May 6, 2024
Signature: Date:
Exhibit I
TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS), which are herein incorporated by reference and made a part
of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion,
age, or disability in the selection and retention of sub-applicants, including procurements of
materials and leases of equipment. CONSULTANT shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the
Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be
performed under a Sub- agreement, including procurements of materials or leases of
equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the
CONSULTANT'S obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who
fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or
FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the
information.
e. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with the
nondiscrimination provisions of this agreement, the recipient shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
withholding of payments to CONSULTANT under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
i. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1)
through (6) in every sub-agreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the
recipient or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is
threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT
1 of 5 Source: LAPM Sept 2022
Title VI Assurances
may request the recipient enter into such litigation to protect the interests of the State, and, in addition,
CONSULTANT may request the United States to enter into such litigation to protect the interests of the
United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the
condition that the recipient will accept title to the lands and maintain the project constructed thereon in
accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the
policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in
accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does
hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a
part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained
as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits and will be binding on the recipient, its successors and
assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use
the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended [, and (3) that in the event of breach of any of the 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.)
2 of 5 Source: LAPM Sept 2022
Title VI Assurances
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate)for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add "as a covenant running with
the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.)for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.) will maintain and operate such facilities and services in
compliance with all requirements imposed by the Acts and Regulations(as may be
amended) such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above 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 Non-discrimination
covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon,
and the above described lands and facilities will there upon revert to and vest in and become
the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER 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
3 of 5 Source: LAPM Sept 2022
Title VI Assurances
this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the
above Non-discrimination covenants, the recipient will have the right to terminate the (license,
permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities
thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been
made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
the recipient will there upon revert to and vest in and become the absolute property of the
recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in
interest (hereinafter referred to as the "CONSULTANT") agrees to comply with the following non-
discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the
basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as
implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• 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
4 of 5 Source: LAPM Sept 2022
Title VI Assurances
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs
(70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
5 of 5 Source: LAPM Sept 2022