Agenda — Ceres City Council, July 14, 2025 (part 4 of 11)

COST PROPOSAL 2

SPECIFIC RATE OF COMPENSATION
Name/Job Title/Classification¹ Hourly Billing Rates2 Effective Date of Hourly Rate
Crawford & Associates, Inc.

City of Ceres On-Call Civil Engineering Services 6/4/2025 Fee

BILLING INFORMATION CALCULATION INFORMATION
Hourly Range -
for Classifications Only
Prime Consultant
Subconsultant
2nd Tier Subconsultant
ITEM 9
Consultant Crawford & Associates, Inc.

Drafter $115.56 $131.81 $148.06 5/1/2025 12/31/2026 $32.50 $30.00 - $35.00 TBD $119.03 $135.77 $152.50 1/1/2027 12/31/2027 $33.48 3.0% $30.90 - $36.05 $122.60 $139.84 $157.08 1/1/2028 12/31/2028 $34.48 3.0% $31.83 - $37.13 $126.28 $144.03 $161.79 1/1/2029 12/31/2029 $35.51 3.0% $32.78 - $38.25 (Non-Exempt, Non-Prevailing Wage) $130.07 $148.36 $166.64 1/1/2030 12/31/2030 $36.58 3.0% $33.77 - $39.39 Project Coordinator $142.23 N/A N/A 5/1/2025 12/31/2026 $40.00 $35.00 - $45.00 TBD $146.50 N/A N/A 1/1/2027 12/31/2027 $41.20 3.0% $36.05 - $46.35 $150.89 N/A N/A 1/1/2028 12/31/2028 $42.44 3.0% $37.13 - $47.74 $155.42 N/A N/A 1/1/2029 12/31/2029 $43.71 3.0% $38.25 - $49.17 (Exempt, Non-Prevailing Wage) $160.08 N/A N/A 1/1/2030 12/31/2030 $45.02 3.0% $39.39 - $50.65 Administrative Assistant $110.23 N/A N/A 5/1/2025 12/31/2026 $31.00 $26.00 - $36.00 TBD $113.54 N/A N/A 1/1/2027 12/31/2027 $31.93 3.0% $26.78 - $37.08 $116.94 N/A N/A 1/1/2028 12/31/2028 $32.89 3.0% $27.58 - $38.19 $120.45 N/A N/A 1/1/2029 12/31/2029 $33.87 3.0% $28.41 - $39.34 (Exempt, Non-Prevailing Wage) $124.06 N/A N/A 1/1/2030 12/31/2030 $34.89 3.0% $29.26 - $40.52 Special Inspector $135.12 $154.12 $173.12 5/1/2025 12/31/2026 $38.00 $34.50 - $41.50 TBD $139.17 $158.74 $178.31 1/1/2027 12/31/2027 $39.14 3.0% $35.54 - $42.75 $143.35 $163.50 $183.66 1/1/2028 12/31/2028 $40.31 3.0% $36.60 - $44.03 $147.65 $168.41 $189.17 1/1/2029 12/31/2029 $41.52 3.0% $37.70 - $45.35 (Non-Exempt, Non-Prevailing Wage) $152.08 $173.46 $194.85 1/1/2030 12/31/2030 $42.77 3.0% $38.83 - $46.71 Senior Technician $119.12 $135.87 $152.62 5/1/2025 12/31/2026 $33.50 $30.00 - $37.00 TBD $122.69 $139.94 $157.20 1/1/2027 12/31/2027 $34.51 3.0% $30.90 - $38.11 $126.37 $144.14 $161.91 1/1/2028 12/31/2028 $35.54 3.0% $31.83 - $39.25 $130.16 $148.47 $166.77 1/1/2029 12/31/2029 $36.61 3.0% $32.78 - $40.43 (Non-Exempt, Non-Prevailing Wage) $134.07 $152.92 $171.77 1/1/2030 12/31/2030 $37.70 3.0% $33.77 - $41.64 Staff Technician $108.45 $123.70 $138.95 5/1/2025 12/31/2026 $30.50 $26.00 - $35.00 TBD $111.70 $127.41 $143.12 1/1/2027 12/31/2027 $31.42 3.0% $26.78 - $36.05 $115.06 $131.23 $147.41 1/1/2028 12/31/2028 $32.36 3.0% $27.58 - $37.13 $118.51 $135.17 $151.83 1/1/2029 12/31/2029 $33.33 3.0% $28.41 - $38.25 (Non-Exempt, Non-Prevailing Wage) $122.06 $139.23 $156.39 1/1/2030 12/31/2030 $34.33 3.0% $29.26 - $39.39 Special Inspector I (Masonry) ** $206.23 $235.23 $264.23 5/1/2025 12/31/2026 $58.00 $52.00 - $64.00 Group 1 $212.42 $242.29 $272.16 1/1/2027 12/31/2027 $59.74 3.0% $53.56 - $65.92 TBD $218.79 $249.56 $280.33 1/1/2028 12/31/2028 $61.53 3.0% $55.17 - $67.90 $225.36 $257.05 $288.74 1/1/2029 12/31/2029 $63.38 3.0% $56.82 - $69.93 (Non-Exempt, Prevailing Wage) $232.12 $264.76 $297.40 1/1/2030 12/31/2030 $65.28 3.0% $58.53 - $72.03 Special Inspector II (Welding) ** $191.12 $218.00 $244.87 5/1/2025 12/31/2026 $53.75 $52.00 - $55.50 Group 2 $196.86 $224.54 $252.22 1/1/2027 12/31/2027 $55.36 3.0% $53.56 - $57.17 TBD $202.76 $231.27 $259.78 1/1/2028 12/31/2028 $57.02 3.0% $55.17 - $58.88 $208.84 $238.21 $267.58 1/1/2029 12/31/2029 $58.73 3.0% $56.82 - $60.65 (Non-Exempt, Prevailing Wage) $215.11 $245.36 $275.61 1/1/2030 12/31/2030 $60.50 3.0% $58.53 - $62.47 Laborer Technician ** $137.79 $157.16 $176.54 5/1/2025 12/31/2026 $38.75 $35.50 - $42.00 Soils/Asphalt Technician ** $182.23 $207.86 $233.48 5/1/2025 12/31/2026 $51.25 $47.50 - $55.00 Group 3 $187.70 $214.09 $240.49 1/1/2027 12/31/2027 $52.79 3.0% $48.93 - $56.65 TBD $193.33 $220.52 $247.70 1/1/2028 12/31/2028 $54.37 3.0% $50.39 - $58.35 $199.13 $227.13 $255.13 1/1/2029 12/31/2029 $56.00 3.0% $51.90 - $60.10 (Non-Exempt, Prevailing Wage) $205.10 $233.95 $262.79 1/1/2030 12/31/2030 $57.68 3.0% $53.46 - $61.90 Concrete Technician ** $167.12 $190.62 $214.12 5/1/2025 12/31/2026 $47.00 $40.00 - $54.00 Group 4 $172.13 $196.34 $220.54 1/1/2027 12/31/2027 $48.41 3.0% $41.20 - $55.62 TBD $177.30 $202.23 $227.16 1/1/2028 12/31/2028 $49.86 3.0% $42.44 - $57.29 $182.62 $208.30 $233.97 1/1/2029 12/31/2029 $51.36 3.0% $43.71 - $59.01 (Non-Exempt, Prevailing Wage) $188.10 $214.54 $240.99 1/1/2030 12/31/2030 $52.90 3.0% $45.02 - $60.78

2. The cost proposal format shall not be amended.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Page 2 of 5 ends

1. Key Personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

3. Billing Rate = Actual Hourly Rate * (1+ICR) * (1+Fee). The indirect cost rate established for this Contract is extended through the duration of this specific Contract.

All costs must comply with the Federal cost principles for reimbursement.

COST PROPOSAL 2

SPECIFIC RATE OF COMPENSATION
ITEM 9
COST PROPOSAL 2
Consultant Crawford & Associates, Inc. Prime Consultant Sub Consultant Project Date 6/4/2025
Quantity Unit Unit Cost Total
Mileage Costs TBD Mile IRS Rate Actual Cost
Per Diem (Lodging & Meals) TBD Day GSA Rate Actual Cost Permit Fees TBD At Cost TBD Actual Cost
Traffic Control - Major (DBE) TBD At Cost TBD Actual Cost Traffic Control - Minor (DBE) TBD At Cost TBD Actual Cost Traffic Control - Major (Non-DBE, Non-PW) TBD Day $1,750.00 Actual Cost Traffic Control - Minor (Non-DBE, Non-PW) TBD Day $735.00 Actual Cost Traffic Control Equipment (Shoulder signs, cones, etc.) TBD Day $210.00 Actual Cost Traffic Control Sign Board TBD Day $650.00 Actual Cost
Drilling Rig & Crew TBD At Cost TBD Actual Cost
Core Box TBD Each $18.00 Actual Cost
Core Machine Bit TBD Inch $3.00 Actual Cost
Core Machine with Generator TBD Day $2,700.00 Actual Cost Hand Auger TBD Day $210.00 Actual Cost
Percolation / Infiltration Testing Equipment TBD Day $210.00 Actual Cost Seismic Survey Equipment (24 channel) TBD Day $1,835.00 Actual Cost Steel Liners TBD Each $12.00 Actual Cost
Survey Equipment - Liquid Level TBD Day $155.00 Actual Cost Survey Equipment - Tripod, Level and Rod TBD Day $155.00 Actual Cost Wildcat DCP Equipment TBD Day $785.00 Actual Cost
Wildcat DCP Tips TBD Each $21.00 Actual Cost
EZ Frisk Software Use TBD Per Location $2,350.00 Actual Cost #200 Wash (D1140) TBD Each $125.00 Actual Cost
1-D Consolidation (D2435) TBD Each $420.00 Actual Cost
1-D Consolidation, Time Rate/Per Point (D2435) TBD Each $105.00 Actual Cost 4" Compaction Curve (D698, D1557) TBD Each $475.00 Actual Cost 4" Compaction Curve Checkpoint (D698, D1557) TBD Each $130.00 Actual Cost 6" Compaction Curve (D698, D1557) TBD Each $535.00 Actual Cost 6" Compaction Curve Checkpoint (D698, D1557) TBD Each $130.00 Actual Cost Aggregate Gradation (CT 202) TBD Each $220.00 Actual Cost Asphalt Binder Content (D6307) TBD Each $230.00 Actual Cost Asphalt Ignition Calibration (CT 382) TBD Each Page 5 of 5 Actual Cost Asphalt Sand Equivalent (CT 217) TBD Each $140.00 Actual Cost Atterberg Limits/Plasticity Index (D4318) TBD Each $270.00 Actual Cost California Impact (CT 216) TBD Each $365.00 Actual Cost Cleanness Value (CT 227) TBD Each $250.00 Actual Cost
Compressive Strength of Cylinders 4x8 (CT 39, 521) TBD Each $40.00 Actual Cost Compressive Strength of Cylinders 6x12 (CT 39, 521) TBD Each $50.00 Actual Cost Direct Shear 3pt, Peak (D3080) TBD Each $450.00 Actual Cost Durability Index (D3744, CT 229) TBD Each $390.00 Actual Cost Expansion Index (D4829) TBD Each $285.00 Actual Cost
HMA Moisture Content (CT 226, 370) TBD Each $80.00 Actual Cost Hveem Stability (D1560, D1561, CT 304, CT 306) TBD Each $440.00 Actual Cost Hydrometer Analysis (D7928) TBD Each $285.00 Actual Cost L.A. Rattler (CT 131) TBD Each $285.00 Actual Cost
Landscape Suitability TBD Each $130.00 Actual Cost
Mass Grain Size, Scour (D6913) TBD Each $2,300.00 Actual Cost Maximum Specific Gravity, Rice (D2401, CT 309) TBD Each $235.00 Actual Cost Mix Design (D1557, D1633) TBD Each $2,100.00 Actual Cost Moisture & Density (D2216, D7263) TBD Each $85.00 Actual Cost Moisture Content (D2216, CT 226) TBD Each $55.00 Actual Cost Non-Plastic Index Result (D4318) TBD Each $130.00 Actual Cost Organic Matter (D2974) TBD Each $135.00 Actual Cost
Percent Asphalt Ignition Oven (CT 382) TBD Each $155.00 Actual Cost Percent Crushed Particles (CT 205) TBD Each $190.00 Actual Cost

Page 3 of 5 ends

City of Ceres On-Call Civil Engineering Services
Description of Item

SCHEDULE OF OTHER DIRECT COSTS
ITEM 9
COST PROPOSAL 2
Consultant Crawford & Associates, Inc.
pH, Resistivity, Sulfate, Chloride (CT 417,422,643) TBD Each $250.00 Actual Cost pH, Resistivity, Sulfate, Chloride, Redox (CT 417,422,643) TBD Each $365.00 Actual Cost Point Load, Rock (D5731) TBD Each $70.00 Actual Cost
R-Value (D2844, CT 301) TBD Each $450.00 Actual Cost
Sand Equivalent (D2419, CT 217) TBD Each $165.00 Actual Cost Sieve Analysis (CT 202) TBD Each $220.00 Actual Cost
Sieve Analysis to #200 (D6913) TBD Each $165.00 Actual Cost Sieve Analysis with Hydrometer (D6913, D7928) TBD Each $255.00 Actual Cost Specific Gravity (CT 206, CT 207) TBD Each $130.00 Actual Cost Triaxial Shear, UU (D2850) TBD Each $180.00 Actual Cost Triaxial Staged, UU (D2850) TBD Each $300.00 Actual Cost Unconfined Compression, Rock (D7012) TBD Each $240.00 Actual Cost Unconfined Compression, Soil (D2166) TBD Each $190.00 Actual Cost Outside Laboratory Services TBD At Cost TBD Actual Cost -$
-$
-$
-$
NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documenta

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

7. If mileage is claimed, the rate shall be reimbursed at the current IRS rate. In addition, the miles claimed should be supported by mileage logs.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Page 4 of 5 ends

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

Subconsultant 2:

Subconsultant 1:

Subconsultant 3:

Subconsultant 4:

SCHEDULE OF OTHER DIRECT COSTS
ITEM 9
COST PROPOSAL 2

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112
- Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
Prime Consultant or Subconsultant Certifying:

Name: Title *:

Signature: Date of Certification (mm/dd/yyyy): 6/4/ 2025 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

Page 5 of 5 ends

(916) 455-4225
Geotechnical Engineering Services
Crawford & Associates, Inc., 4701 Freeport Blvd., Sacramento, CA 95822

CERTIFICATION OF DIRECT COSTS
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Benjamin D. Crawford President
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
[email protected]
ITEM 9

PROJECT MANAGEMENT HOURLY RATE CONSTRUCTION / EQUIPMENT RATE DETAIL Principal 275.00$
Senior Project Manager 255.00$
Project Manager II 245.00$

18.00$ Each
Project Manager I 210.00$

3.00$ Inch
2,700.00$ Day

ENGINEER / GEOLOGIST HOURLY RATE
210.00$ Day
Senior Engineer II 225.00$
Senior Engineer I 205.00$
Senior Geologist 180.00$
Project Engineer III / Geologist III 180.00$
210.00$ Day
Project Engineer II / Geologist II 160.00$
1,835.00$ Day
Project Engineer I / Geologist I 150.00$

12.00$ Each
Staff Engineer / Geologist 140.00$
155.00$ Day
Drafter 125.00$
155.00$ Day
1,750.00$ Day

PROJECT SUPPORT HOURLY RATE
735.00$ Day
Project Coordinator 135.00$
210.00$ Day
Administrative Assistant 115.00$
650.00$ Day
785.00$ Day

MATERIALS TESTING & CONSTRUCTION SERVICES HOURLY RATE
Core Box
Core Machine Bit
Core Machine with Generator
Hand Auger
Percolation/Infiltration Testing Equipment
Seismic Survey Equipment (24 channel)
Steel Liners (MCAL)
Survey Equipment (Liquid Level)
Survey Equipment (Tripod, Level, Rod)
Traffic Control
- Major (Non DBE, Non-PW)
Traffic Control - Minor (Non-DBE, Non-PW)
Traffic Control Equipment (Shoulder signs,
cones) Traffic Control Sign Board
Wildcat DCP Equipment
Wildcat DCP Tip 21.00$ Each
Construction Services Director 255.00$ CLASSIFICATION TESTING - SOIL & AGGREGATE RATE DETAIL Special Inspector 138.00$ #200 Wash 125.00$ ASTM D1140 Senior Technician 120.00$ Atterberg Limits 270.00$ ASTM D4318 Staff Technician 110.00$ Cleanness Value 250.00$ CT 227 Durability Index 390.00$ ASTM D3744 / CT 229
PREVAILING WAGE HOURLY RATE Hydrometer Analysis 285.00$ ASTM D7928 Group 1 - Special Inspector I (Masonry) 200.00$ Landscape Suitability 130.00$ Group 2 - Special Inspector II ( Welding) 195.00$ Mass Grain Size (Scour) 2,300.00$ ASTM D6913 Group 2 and 3 - Laborer Technician 145.00$ Moisture & Density 85.00$ ASTM D2216, D7263 Group 3 - Soils/Asphalt Technician 185.00$ Moisture Content 55.00$ ASTM D2216, CT 226 Group 4 - Concrete Technician 175.00$ Non-Plastic Index Result 130.00$ ASTM D4318 Organic Content 135.00$ ASTM D2974
WORKING HOURS AND PREMIUM TIME RATE Percent Crushed Particles 190.00$ CT 205 Sand Equivalent 165.00$ ASTM D2419, CT 217
Sieve Analysis 220.00$ CT 202
Sieve Analysis to #200 165.00$ ASTM D6913
Sieve Analysis with Hydrometer 255.00$ ASTM D6913, D7928 Specific Gravity 130.00$ CT 206, 207

STRENGTH TESTING RATE DETAIL
4" Compaction Curve 475.00$ ASTM D698/D1557
4" Compaction Curve Checkpoint 130.00$ ASTM D698/D1557 6" Compaction Curve 535.00$ ASTM D698/D1557
6" Compaction Curve Checkpoint 130.00$ ASTM D698/D1557 California Impact 365.00$ CT 216
Compressive Strength of Cylinders (4x8) 40.00$ CT 39, CT521 Compressive Strength of Cylinders (6x12) 50.00$ CT 39, CT521 REIMBURSABLES RATE Direct Shear, 3pt Peak 450.00$ ASTM D3080 IRS Rate/ Mile Point Load, Rock 70.00$ ASTM D5731
R-Value 450.00$ ASTM D2844, CT 30110% Markup
Triaxial Shear, Unconsolidated-Undrained 180.00$ ASTM D285010% Markup Triaxial Staged, Unconsolidated-Undrained 300.00$ ASTM D2850Actual Cost Unconfined Compression, Rock 240.00$ ASTM D7012
Mileage
Outside Costs
Permit Fees (City/County)
Per Diem (Lodging & Meals)
Rush Lab Testing 50% Markup
Unconfined Compression, Soil 190.00$ ASTM D2166

CONSOLIDATION & EXPANSION RATE DETAIL
SEISMIC ANALYSIS RATE 1-D Consolidation 420.00$ ASTM D2435 EZ Frisk Software Use (per Location) 2,350.00$ 1-D Consolidation (Time Rate) / Per Point 105.00$ ASTM D2435 Expansion Index 285.00$ ASTM D4829

CORROSIVITY TESTING RATE DETAIL
pH, Resistivity, Sulfate, Chloride Content 250.00$ CT 417,422,643 pH, Resistivity, Sulfate, Chloride, Redox Potential 365.00$ CT 417,422,643, ASTM G200M

PAVEMENT TESTING RATE DETAIL
Aggregate Gradation 220.00$ CT 202
Asphalt Binder Content 230.00$ ASTM D6307
Asphalt Ignition Calibration 480.00$ CT 382
Asphalt Sand Equivalent 165.00$ CT 217
HMA Moisture Content 80.00$ CT 226, 370
Hveem Stabilometer 285.00$ ASTM D1560, D1561, CT 304, 366 L.A. Rattler 285.00$ CT 131
Maximum Specific Gravity, Rice 235.00$ ASTM D2401, CT 309 Mix Design 2,100.00$ ASTM D1557, D1633
Percent Asphalt Ignition Oven 155.00$ CT 382
A Regular Workday is defined as the first 8 hours between 6am and 6pm, Monday through Friday.

CRAWFORD & ASSOCIATES - 2025 FEE

SCHEDULE
EXPIRES DECEMBER 31, 2026
Night Shift is defined as a shift starting after 2pm and before 4am
115% Above
Hourly Rate
Prevailing Wage Overtime: Weekdays & Saturdays
(first 8 hours)
130% Above
Hourly Rate
Standard Overtime: Weekdays & Saturdays
(first 8 hours)
150% Above
Hourly Rate
Overtime: Saturdays (over 8 hours);
Sunday (first 8 hours)
200% Above
Hourly Rate
300% Above
Hourly RateOvertime: Sundays (over 8 hours) and Holidays Annual Rate Increase Crawford & Associates, Inc. anticipates an hourly rate increas
e 3% effective Jan 1st of each new year without prior
notice.

ITEM 9
BSK Rate Schedule (valid
through 12/31/2026)
P

ROFESSIONAL STAFF
P
rincipal 3

14.00$

Se
nior Professional 2

76.00$

P
roject Professional II 2

59.00$

P
roject Professional I 2

21.00$

Sta
ff Professional II 1

93.00$

Sta
ff Professional I 1

71.00$

P
roject Administrator 1

22.00$

Adm
inistrative Assistant / Clerical 1

10.00$

Se
ismic GIS 2

43.00$

GIS
Specialist 2

10.00$

I
nformation Specialist II 1

98.00$

I
nformation Specialist I 1

76.00$

C
AD 1

32.00$

L
itigation support
T

ECHNICAL STAFF
Gr
oup 1 - Special Inspector 1

98.00$

Gr
oup 2 - Special Inspector 1

88.00$

Gr
oup 3 - Engineering Technician 1

67.00$

Gr
oup 3 - Geotechnical Professional 2

04.00$

Gr
oup 3 - Environmental Professional 2

04.00$

Gr
oup 4 - Technician 1

46.00$

Gr
ound Penetrating Radar Scanning Technician 3

48.00$

C
ore Drilling Technician 2

70.00$

Fl
oor Flatness Testing Technician 2

32.00$

Sam
ple Pickup / Transportation / Delivery 1

32.00$

L
aboratory Technician 1

44.00$

BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Fi
eld Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 8 hours Actual time
Field Work from 6 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half base rate (1.5x) Sundays, holidays and over 12 hours Bill two times base rate (2x) Base Rate x 12.5%
Show-up time (no work performed), minimum charge Bill 2 hours Sample or cylinder pickup, minimum charge Bill 2 hours

REIMBURSABLES
M
ileage - 2x2 vehicle (Portal to Portal)
Mileage - 4x4 vehicle (Portal to Portal)
Per Diem (as required) Actual Cost
Bridge Toll Cost + 10%
Parking Fees Cost + 10%
Subconsultant/Subcontractor Services, Vendors, and Expenses Cost + 10% P

ERSONNEL RATES
OT

HER RATES
N
ight Shift (Shift commencing after 2pm / before 4am)
1 .5x standard rate
IRS Rate

P
age 1 of 5
ITEM 9
BSK Rate Schedule (valid
through 12/31/2026)
B

SK SERVICES / DIR / PREVAILING WAGE ADMINISTRATION FEES C
ertified Payroll / DIR Upload (Monthly) - per project 3

15.00$

N
on-Performance Certified Payroll / DIR Upload (Monthly) - per project 1

05.00$

Su
bcontractor Management / Compliance Forms (Monthly) - per project 1

05.00$

Additiona
l LCP Tracker or Other Compliance Software (Monthly) - per project 2

10.00$

Additiona
l Special Forms, as required (Monthly) - per project 1

58.00$

HER RATES (CONTINUED)
P
age 2 of 5
ITEM 9
B SK Rate Schedule (valid through 12/31/2026)
MA

TERIALS LABORATORY TEST RATES
S
OILS
M
odified or Standard Proctor - 4" or 6" Mold (ASTM / AASHTO) 3

53.00$
Proctor with Oversize Material (ASTM / AASHTO) 441.00$
Proctor Check Point (All Methods) 189.00$
Caltrans Maximum Wet Density (CT 216) 298.00$
Minus 200 Wash Soil (ASTM D1140) 116.00$
Moisture Content of Soils (ASTM D2216) 49.00$
Plasticity Index (ASTM D4318) 305.00$
Expansion Index of Soils (UBC No. 29) 327.00$
Collapse Potential of Soils (ASTM D2435) 284.00$
Organic Impurities (ASTM C40 / CT 213) 116.00$
Tube Density & Moisture Content of Soil 60.00$
Visual Classification (ASTM D2488) 60.00$
Hydrometer (ASTM D422 / CT 203) 331.00$
Double Hydrometer (ASTM D4221) 435.00$
Uncompacted Void Content (CT 234 / AASHTO T304) 154.00$ Sand Density Calibration (ASTM D1566) 243.00$
Minimum Resistivity of Soils (CT 643) 195.00$
Consolidation (ASTM D2435) 2/2 Time Rates 581.00$
Consolidation (ASTM D2435) w/ No Tim Rates 386.00$
Uncofined Compression Strength, Soil (ASTM D2166) 154.00$ Remolded Consolidation (ASTM D2435) 491.00$
Minimum Index Density Soils (ASTM D4254) 96.00$
Direct Shear Remolded (ASTM D3080) 364.00$
Direct Shear (ASTM D3080) 305.00$
Remolded Direct Shear (ASTM D3080) 364.00$
Remolded Flexwall Perm (ASTM D5084) 776.00$
% Crushed Particles / Fractured Particles (CT 205/AASHTO T335) 229.00$ '% Flat & Elongated (ASTM D4791) 175.00$
Minus 200 Wash/Aggregate (ASTM C117) 116.00$
Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO T27) 237.00$ Sieve Analysis - Coarse Only (ASTM C136 / CT 202 / AASHTO T27) 116.00$ Coarse Specific Gravity / Absorption (ASTM C127/CT 206/AASHTO T85) 221.00$ Fine Specific Gravity / Absorption (ASTM C128/CT 207/AASHTO T84) 221.00$ Sand Equivalent (ASTM D2419 / CT 217 / AASHTO T176) 175.00$ Durability Index (CT 229) 348.00$
Abrasion by LA Rattler, Large Size (ASTM C131/CT 211/AASHTO T96) 397.00$ Abrasion by LA Rattler, Small Size (ASTM C131/CT 211/AASHTO T96) 327.00$ Cleanness Value of Aggregate (CT 227) 250.00$
Aggregate Wt pcf Compacted (ASTM C 29) 123.00$
Gradation-Rip Rap - Per Sieve (D5519-Method A) 313.00$
Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT 214/AASHTO T104) 485.00$ Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT 214/AASHTO T104) 154.00$ R-Value of Soils (CT 301) 497.00$
Soil Cement Compression - Set (ASTM D1633) 331.00$
CIR / FDR Compressive Strength Testing - Set 331.00$
CIR / FDR Sample Preparation / Compaction 303.00$
CBR (ASTM D1883/AASHTO T-180) 1,379.00$
Preparation of Soil-Cement Samples 1,044.00$
P
age 3 of 5
ITEM 9
BSK Rate Schedule (valid
through 12/31/2026)
S

OILS (CONTINUED)
Solub
le Sulfate Chloride & Sulfide 1

81.00$

pH
Sulphate & Chloride 9

1.00$

%
Lumps/Friable Particles (ASTM C142) 1

12.00$

'
% Organics in Soil (ASTM D2974) 1

90.00$

T MIX ASPHALT
JM
F Mix Design, Superpave / Caltrans 1
2,430.00$

JM
F Verification - HMA - Superpave / Caltrans 7
,203.00$

JM
F Production Startup - Superpave / Caltrans 6
,701.00$

R
AP Material Testing - Additional Fee 8

72.00$

R
ubberized RHMA Material - Additional Fee 2
,011.00$

JM
F Mix Design, HVEEM 4
,300.00$

JM
F Mix Design, Marshall 5
,101.00$

O
pen Graded Asphalt Optimum Bitumen Content (CT 368) 3
,070.00$

Gy
ratory Compaction - Set of 3 (AASHTO T312) 4

64.00$

H
amburg Wheel Track (AASHTO T324) 2
,756.00$

Tens
ile Strength Ratio (CT 371 / AASHTO T283) 1
,521.00$

M
arshall Maximum Density (ASTM D6926) 4

05.00$

M
arshall Stability & Flow (ASTM D6927) 3

48.00$

B
itumen Content - Ignition (ASTM D6307 / CT382 / AASHTO T308) 3

11.00$

O
il Content Correction Factor (ASTM D6307 / CT 382 / AASHTO T308) 7

23.00$

Gr
adation from Extraction (ASTM D5444 / AASHTO T30) 1

89.00$

B
ulk Specific Gravity (CT308 / AASHTO T275 / ASTM D2726) 8

8.00$

H
MA Theo. Max Density Rice Method (ASTM D2041 / CT 309 / AASHTO T209) 3

48.00$

Vo
lumetric Calculations (VMA, VFA, DP, AV, Eff. Calcs) 7

4.00$

M
oisture Content of Asphalt (CT 370 / AASHTO T329) 9

1.00$

Fi
lm Stripping 1

23.00$

C
ompaction/Preparation of HMA Briquette (CT 304) 3

05.00$

Sta
bilometer Value - Set of 3 (CT366) 3

86.00$

L
ab Mixed TSR - Moisture Induced Damage (AASHTO T283 / CT 371) 2 ,040.00$

C
alculated AC Maximum Density (CT 367) 1

38.00$

Thick
ness Determination of AC Cores 2

9.00$

ONCRETE & MASONRY
C
ompression Test Concrete - Per Cylinder (ASTM C39) 3

9.00$
Compression Test Concrete - Set of 4/5 (ASTM C39) 189.00$ Compression Test of Core (ASTM C42) 84.00$
Compressive Strength of Shotcrete Panel 441.00$
Compression Test Composite CMU Prism (1) 229.00$
Compression Test Grout (Set of 4) 167.00$
Compression Test Mortar (Set of 3) 152.00$
Flexural Test per Beam (ASTM C78 / CT 523) 124.00$
Linear Shrinkage - Set of 3 (ASTM C157) 551.00$
Unit Weight Lt Wt Concrete (ASTM C567) 78.00$
Splitting Tensile Strength of Concrete (ASTM C496) 166.00$ Compressive Strength CMU Block (ASTM C140) 265.00$
Comp. Strength, SG, & Abs. of CMU - Per Block (ASTM C140) 305.00$ MA

TERIALS LABORATORY TEST RATES (CONTINUED)
P
age 4 of 5
ITEM 9
B SK Rate Schedule (valid through 12/31/2026)
C

ONCRETE & MASONRY (CONTINUED)
M
asonry Linear Shrinkage (ASTM C426) 5

59.00$

M
asonry Core Shear Test (Title 24) 2

60.00$

TALS & FIREPROOFING
Tens
ile & Bend of Rebar #3-11 2

05.00$

Sl
ip and Tensile Rebar Couplers (CT 670) 2

98.00$

B
olt Proof & Ultimate Load 3

55.00$

B
olt Hardness - Set of 3 2

36.00$

N
ut Proof Load - Set of 3 3

55.00$

N
ut Hardness - Set of 3 2

36.00$

W
asher Hardness - Set of 3 2

36.00$

Dry
Density Fireproofing (ASTM E605) 1

31.00$

B
rinell Hardness of Steel (ASTM E10) 1

38.00$

R
ockwell Hardness of Steel (ASTM E18) 1

38.00$

Face
Bend of Steel Coupon 8

4.00$

R
oot Bend of Weld Coupon 8

4.00$

Si
de Bend of Weld Coupon 8

4.00$

Tens
ile Test of Steel Coupon 1

16.00$

B
end Test of Steel Coupon 1

00.00$

Adhes
ion / Cohesion Fireproofing Materials 1

75.00$

ESCALATION: The rates presented herein are subject to an annual escalation rate of 3% after 12/31/2026.

TERIALS LABORATORY TEST RATES (CONTINUED)
P
age 5 of 5
ITEM 9
Note: Mark-ups are Not Allowed
Consultant Albat
= Combined ICR%
For Home Office Rate
=
For Field Office Rate
=
Fee = 10%
Actual or Avg.

Hourly Rate4
Hourly Range -
for Classifications Only
Straight OT(2x) From
$203.03 $203.03 6/1/2025 $85.00
$203.03 $203.03 1/1/2026 $85.00
$209.12 $209.12 1/1/2027 $87.55
Exempt $215.40 $215.40 1/1/2028 $90.18
$221.87 $221.87 1/1/2029 $92.89
$226.91 $226.91 6/1/2025 $95.00
$226.91 $226.91 1/1/2026 $95.00
$233.72 $233.72 1/1/2027 $97.85
Exempt $240.74 $240.74 1/1/2028 $100.79
$247.95 $247.95 1/1/2029 $103.81
$262.74 $262.74 6/1/2025 $110.00
$262.74 $262.74 1/1/2026 $110.00
$270.62 $270.62 1/1/2027 $113.30
Exempt $278.74 $278.74 1/1/2028 $116.70
$287.10 $287.10 1/1/2029 $120.20
$155.26 $220.26 6/1/2025 $65.00
$155.26 $220.26 1/1/2026 $65.00
$159.91 $226.86 1/1/2027 $66.95
Non-Exempt $164.71 $233.67 1/1/2028 $68.96
Non Prevailing Wage Rate $169.66 $240.69 1/1/2029 $71.03 $179.14 $254.14 6/1/2025 $75.00
$179.14 $254.14 1/1/2026 $75.00
$184.51 $261.76 1/1/2027 $77.25
Non-Exempt $190.06 $269.63 1/1/2028 $79.57
Non Prevailing Wage Rate $195.76 $277.72 1/1/2029 $81.96

COST PROPOSAL

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
For Combined Rate
Name/Job Title/Classification1
Hourly Billing Rates2 Effective Date of Hourly Rate
% or $
Increase
$203.03 12/31/2025
OT(1.5x)
117.14%Fringe Benefit % + General &Administrative %

CALCULATION INFORMATIONBILLING INFORMATION
OR
117.14%Fringe Benefit %
To
Tatevik Janvelyan, PE
Resident Engineer $203.03 12/31/2026 0%
$209.12 12/31/2027
Fringe Benefit % + General &Administrative % Field Office ICR%117.14% 3%
12/31/2029
+ General &Administrative % Home Office ICR%
3%
3%
Justin Palmaymesa, PE
Resident Engineer
$226.91
$215.40 12/31/2028
$221.87 12/31/2029
Ken Riley**
Construction Inspector
$216.64 12/31/2025
$216.64 12/31/2026 0%
$223.14 12/31/2027 3%
$229.84 12/31/2028
$236.74
Contract No. __________Project No. __City of Ceres, On-Call___ Contract Amount $ __________ 3%
3%
12/31/2025
$226.91 12/31/2026 0%
$233.72 12/31/2027 3%
$240.74 12/31/2028 3%
$247.95 12/31/2029 3%
Erik Dahl, Resident Engineer/Structure
Representative
$262.74 12/31/2025
$262.74 12/31/2026 0%
$270.62 12/31/2027 3%
Mahek Iqbal, EIT**
Offce Engineer
$187.76 12/31/2025
$187.76 12/31/2026 0%
$193.39 12/31/2027 3%
$199.19 12/31/2028 3%
$205.17 12/31/2029 3%
$278.74 12/31/2028 3%
$287.10 12/31/2029 3%
Prime Consultant
Subconsultant
2nd Tier Subconsultant
Date _6/42025_____
ITEM 9
Actual or Avg.

Hourly Rate4
Hourly Range -
for Classifications Only
Straight OT(2x) From
$183.92 $260.92 6/1/2025 $77.00
$183.92 $260.92 1/1/2026 $77.00
$189.44 $268.75 1/1/2027 $79.31
Non-Exempt $195.12 $276.81 1/1/2028 $81.69
Non Prevailing Wage Rate $200.97 $285.11 1/1/2029 $84.14 $143.31 $203.31 6/1/2025 $60.00
$143.31 $203.31 1/1/2026 $60.00
$147.61 $209.41 1/1/2027 $61.80
Non-Exempt $152.03 $215.68 1/1/2028 $63.65
Non Prevailing Wage Rate $156.59 $222.15 1/1/2029 $65.56 $143.31 $203.31 6/1/2025 $60.00
$143.31 $203.31 1/1/2026 $60.00
$147.61 $209.41 1/1/2027 $61.80
Non-Exempt $152.03 $215.68 1/1/2028 $63.65
Non Prevailing Wage Rate $156.59 $222.15 1/1/2029 $65.56 $155.26 $220.26 6/1/2025 $65.00
$155.26 $220.26 1/1/2026 $65.00
$159.91 $226.86 1/1/2027 $66.95
Non-Exempt $164.71 $233.67 1/1/2028 $68.96
Non Prevailing Wage Rate $169.66 $240.69 1/1/2029 $71.03 Ben Reeves**
Construction Inspectorn 0%
$178.51
3%
12/31/2025
3%
Kent Grammer**
Construction Inspector 0%
$229.09
$222.42
$183.86 12/31/2028
$173.31
12/31/2027
12/31/2027
3%
$173.31 12/31/2026
$235.96 12/31/2028
$243.04 12/31/2029
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. $189.37 12/31/2029
Rocky Rodgers**
Construction Inspector
$173.31 12/31/2025
Margi Walsh**
Construction Inspector/Office Engineer
$187.76 12/31/2025
$187.76 12/31/2026 0%
$193.39 12/31/2027
$183.86 12/31/2028
$189.37 12/31/2029
$199.19 12/31/2028
$205.17 12/31/2029
3%
3%
3%
3%
3%
3%

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1
Hourly Billing Rates2 Effective Date of Hourly Rate
% or $
Increase
OT(1.5x) To
3%
3%
$173.31 12/31/2026 0%
$178.51 12/31/2027 3%
$222.42 12/31/2026
12/31/2025
ITEM 9
Consultant Albat
Project No. City of Ceres, On-Call
Description of Item Quantity Unit Unit Cost Total
Mileage Costs - IRS RATE $0.00
Equipment Rental and Supplies - $0.00 $0.00
Material/Lab Tests - At Cost $0.00
Travel - Lodging, etc. - Per Fed./State Reqs. $0.00
Per Diem - Per Fed./State Reqs. $0.00
Vehicle - $0.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Note: Add additional pages if necessary.

NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Contract No.

SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Subconsultant 1:

Prime Consultant
Subconsultant
Date 06/04/2025
ITEM 9
Certification of Direct Costs:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: Tatevik Janvelyan
Signature :

Email: [email protected]
Title*: __President___________________________
Date of Certification (mm/dd/yyyy): _06/04/2025______
Phone Number: _323-459-7510__________________
Addr
ess: _7801 Folsom Blvd. Suite 325; Sacramento, CA 95826____________________________ * An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

Construction Management and Inspection Services
ITEM 9
Note: Mark-ups are Not Allowed
Consultant BFI Consulting
Project No. Contract No.
= Combined ICR%
For Home Office Rate
=
For Field Office Rate
=
Fee = 10%
Actual or Avg.

Hourly Rate4
Hourly Range -
for Classifications Only
Straight OT(2x) From
$176.66 $176.66 7/1/2025 $73.00 Not Applicable
$176.66 $176.66 1/1/2026 $73.00
$176.66 $176.66 1/1/2027 $73.00
Project Manager $181.96 $181.96 1/1/2028 $75.19
Non-exempt
$181.57 $181.57 7/1/2025 $75.03 Not Applicable
$181.57 $181.57 1/1/2026 $75.03
$181.57 $181.57 1/1/2027 $75.03
Material Tester Group 3 $187.02 $187.02 1/1/2028 $77.28 Non-exempt
$167.13 $167.13 7/1/2025 $69.06 Not Applicable
$167.13 $167.13 1/1/2026 $69.06
$167.13 $167.13 1/1/2027 $69.06
Material Tester Group 4 $172.13 $172.13 1/1/2028 $71.13 Non-exempt
$181.57 $256.60 7/1/2025 $75.03 Not Applicable
$181.57 $256.60 1/1/2026 $75.03
$181.57 $256.60 1/1/2027 $75.03
Material Tester Group 3 $187.02 $264.30 1/1/2028 $77.28 Non-exempt
$167.13 $236.19 7/1/2025 $69.06 Not Applicable
$167.13 $236.19 1/1/2026 $69.06
$167.13 $236.19 1/1/2027 $69.06
Material Tester Group 3 $172.13 $243.26 1/1/2028 $71.13 Non-exempt
$145.20 $205.20 7/1/2025 $60.00 Not Applicable
$145.20 $205.20 1/1/2026 $60.00
$145.20 $205.20 1/1/2027 $60.00
Material Tester $149.56 $211.36 1/1/2028 $61.80
Non-exempt
$180.46 12/31/2028 3%
TBD - Prevailing Wage Group 4
NC-63-3-9-2024-1
Day Shift
$201.66 12/31/2025
$201.66 12/31/2026
$201.66 12/31/2027 3%
$207.70 12/31/2028 3%
TBD - Non PW Travel $175.20 12/31/2025
$175.20 12/31/2026
$175.20 12/31/2027 3%
$219.09 12/31/2026
$219.09 12/31/2027 3%
$225.66 12/31/2028 300%
John Atkinson*
NC-63-3-9-2024-1
Day Shift
$167.13 12/31/2025
$167.13 12/31/2026
$167.13
Participation Amount $ TBD 5/21/2025
120.00%

90.00%
12/31/2027 3%
John Atkinson*
NC-63-3-9-2024-1
Day Shift
$181.57 12/31/2025
$181.57 12/31/2026
$181.57 12/31/2027 3%
3%
Fringe Benefit %
12/31/2028
12/31/2028
$181.96
$187.02
$172.13 12/31/2028 3%
TBD - Prevailing Wage Group 3
NC-63-3-9-2024-1
Day Shift
$219.09 12/31/2025
SAMPLE COST PROPOSAL 2 Page 1 of 3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
For Combined Rate
120.00%Fringe Benefit % + General &Administrative % $176.66 12/31/2027
Fringe Benefit % + General &Administrative % Field Office ICR% + General &Administrative % Home Office ICR%
OR
City of Ceres
Name/Job Title/Classification1
Hourly Billing Rates2 Effective Date of Hourly Rate

CALCULATION INFORMATIONBILLING INFORMATION
3%
% or $
Increase
$176.66 12/31/2025
OT(1.5x) To
John Atkinson*
$176.66 12/31/2026
3%
Prime Consultant
Subconsultant
2nd Tier Subconsultant
January 2018
ITEM 9
Actual or Avg.

Hourly Rate4
Hourly Range -
for Classifications Only

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1
Hourly Billing Rates2 Effective Date of Hourly Rate
% or $
Increase
NOTES:

2. The cost proposal format shall not be amended.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

January 2018
ITEM 9
Consultant BFI Consulting, Inc.

Project No. 5/212025 Description of Item Quantity Unit Unit Cost Total
Mileage Costs - each per IRS Rate - Laboratory Tests see attached -
Nuclear Density Testing Gauge - each $0.00 $0.00 Plan Sheets - $0.00 $0.00
Test - $0.00 $0.00
Vehicle - $0.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Note: Add additional pages if necessary.

NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

EXHIBIT 10-H2 COST PROPOSAL Page 2 of 3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Contract No. City of Ceres
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Subconsultant 1:

Prime Consultant
Subconsultant
January 2018
ITEM 9

1.f SUBCONSULTANTS:

Consor PMCM, Inc. is a wholly owned subsidiary of Consor North America, Inc. with deep roots in Northern California. The firm was established in 1993 as Cooper Pugeda Management, Inc. and in 2022, joined Consor North America, bringing together the collective strength of more than 1,800 professionals to support critical infrastructure projects and the communities we live in and serve. For 32 years, they have served municipalities and other public agencies throughout California. Consor PMCM offers program and construction management, construction inspection, scheduling, cost estimating, claims analysis, office engineering, and project controls to public agencies large and small. Their team of over 80 highly experienced and professional CM team members have built trusting and strong relationships with local agencies and throughout northern California.

Albat, a DBE firm, provides construction management and inspection services for public works and infrastructure projects across California. Known for fostering a collaborative environment, Albat emphasizes high-quality service, integrity, and community engagement.

The firm supports local and state agencies—including counties such as Tehama, Madera, and Humboldt, cities such as Chico and Elk Grove, and Caltrans Districts 1, 2, 3, and 59—by taking a bold, honest approach that prioritizes teamwork, trust, and project excellence.

BFI Consulting, Inc., a DBE firm, was founded in 2022 by John and Shelby after providing materials testing and project management for the past 29 years to multiple agencies ranging from private, to local, to state and federal agencies. Work with these agencies not only included long term on call contracts but emergency work following natural disasters ranging from floods to fires.

BFI Consulting. Inc. provides construction management, materials testing and special inspection services along with construction quality assurance services from our office located in Nevada City, California. BFI Consulting currently has four materials tester/inspectors readily available to service a project at moment’s notice in accordance with City of Ceres Standards and Caltrans Test Methods.

BFI staff is cross trained and capable, competent and ready to perform services ranging from soils testing to concrete construction to welding inspection of light structures to source inspection of bridge bearing pads. Certifications held by staff include ACI, AASHTO, AWS, Caltrans, DSA, HCAI, and ICC.

BSK Associates, founded in 1966, has been in business for 58 years and is a 100 percent employee-owned California S-corporation that provides construction observation/materials testing/special inspection, geotechnical consulting engineering, and analytical laboratory services. BSK currently employs a staff of approximately 200 with offices and laboratories throughout California and Washington. Our Sacramento, Livermore, Fresno, and Bakersfield locations also house Caltrans-certified soils and materials laboratories.

BSK’s construction services group provides quality assurance/quality control observation, monitoring and testing of construction materials. We are knowledgeable of construction materials including aggregates, asphalt, reinforced concrete, structural steel, concrete, masonry, fireproofing, and are familiar with the associated construction processes and methods.

Crawford & Associates, Inc. (Crawford) was established in 2012 and is a registered Small Business Geotechnical Engineering firm (Certification ID: 1744908) that specializes in large-scale public works projects. Crawford has experience working with various oversight agencies including Counties, Cities, Caltrans, AREMA, Regional Transit, Building Departments, Regional Water Quality Control Boards, FEMA, FHWA, Cal OES, DWR, USACE, DSA, UPRR, CA Fish and Wildlife, Water and Irrigation Districts, Utilities, and Environmental Health Departments. Crawford will regularly utilize DBE drilling and traffic control subconsultants to meet project DBE goals.

The firm maintains a staff of 62 that includes 15 Professional Civil Engineers, 4 Geotechnical Engineers, 5 Professional Geologists, and 3 Certified Engineering Geologists.

City of Ceres | On-Call Consultant Services | 6
ITEM 9
Fehr & Peers is a transportation consulting firm driven by innovation, creativity, and a commitment to community-focused solutions. The firm partners with communities to deliver data-driven, implementable strategies tailored to diverse transportation needs.

Known for its expertise, curiosity, and collaborative approach, Fehr & Peers helps clients navigate challenges with solutions that reflect local values. Founded in Northern California over 40 years ago, the firm established its Stockton office in the early 2020s to better serve the San Joaquin Valley. With over 150 professionals in Northern California (and more than 400 nationwide), Fehr & Peers is well-equipped to support the City of Ceres with a full range of traffic engineering and signal, lighting and electrical planning services on an on-call basis.

J.B. Surveys, INC. is a land surveying and mapping firm specializing in geospatial data acquisition, cadastral, boundary, and control services. With offices in Auburn, California, and Emmett, Idaho, the firm utilizes advanced technologies including GPS and Robotic Total Stations to deliver high-precision results across projects of all sizes.

Led by Jim Brainard, PLS—licensed in eight western states and a recognized expert in surveying and mapping—J.B. Surveys is known for its commitment to quality, innovation, and efficiency. Jim has played a key role in shaping statewide standards through his work with the CALTRANS Survey Management Board and has overseen thousands of public sector projects. He is joined by Craig McCullough, PLS, a Certified Federal Surveyor licensed in five states, bringing over four decades of experience and collaboration with Jim on large-scale infrastructure and utility corridor surveys.

MKN & Associates, Inc. is a consulting engineering firm with offices in eight cities across California. Since its founding in 2012, the firm has grown to over 80 professionals, including engineers, planners, construction managers, and support staff. MKN specializes in serving public agencies with responsive, technically sound solutions and is committed to building long-term partnerships. The firm provides comprehensive project support, acting as a trusted client advocate from planning through construction. MKN is recognized for its quality, responsiveness, and accessibility. In support of the Consor Project Team, MKN will provide:
• Construction plans and specifications for water and sewer projects • Preparation of studies related to water and sewer systems • Construction support and inspection services
• Assistance with regulatory compliance and negotiations with Federal, State, and other agencies NorthStar is a multidisciplinary civil engineering firm with deep expertise in land surveying, stormwater management, and master planning. Since its inception, NorthStar has provided professional land surveying services across a wide range of projects. With experienced field and office staff, the firm is known for its ability to anticipate and resolve issues early, helping clients avoid delays and meet tight deadlines.

NorthStar also brings extensive experience in stormwater management and treatment, particularly in delivering green infrastructure solutions that meet California Waterboard NPDES permit requirements.

The team specializes in designing cost-effective, site-sensitive systems using passive and active treatment methods integrated into open space and landscape corridors.

In addition, NorthStar offers comprehensive civil engineering and master planning services for communities across the Central Valley. From infrastructure design and permitting to construction management and capital improvement planning, the firm supports each project with a strategic, client-focused approach and cutting-edge tools.

City of Ceres | On-Call Consultant Services | 7
ITEM 9

1.g LIST OF CURRENT STAFF AND JOB CLASSIFICATION: *Key Personnel

PROPOSED CURRENT STAFF NAME AND FIRM JOB CLASSIFICATION *Mike Sanchez, PE (Consor NA) Project Manager/Firm Principal *Mark Reno, PE (Consor NA) Principal-in-Charge
*Brent Lemon, PE, PMP (Consor NA) QA/QC
*Brent Harrison, PE (Consor NA) Roadway Project Engineer *Scott McCauley, PE (Consor NA) Structural Project Engineer *Sherri Berexa, PE, QSD (Consor PMCM) Resident Engineer *Justin Kable, PE, QSD/P (Consor PMCM) Resident Engineer *Talina Barajas-Chen, PE (Consor PMCM) Resident Engineer *Mark Reuter, EIT (Consor PMCM) Assistant Resident Engineer *Dylan O’Rilley (Consor PMCM) Assistant Resident Engineer *Henry Liang, PE (MKN) Hydrology and Hydraulics
Kevin Beltran, PE (Consor NA) Roadway Design Engineer
Hernan Gutierrez, EIT (Consor NA) Roadway Design Engineer Tyler Eaton, PE (Consor NA) Structural Design Engineer Thomas Truchement, PE (Consor NA) Structural Design Engineer Cyam Cajegas, PE (Consor NA) Structural Design Engineer Rodrigo Macaraeg, PE, QSD/P (Consor PMCM) Resident Engineer Bonnie Holt (Consor PMCM) Office Engineer
Kayla Miller (Consor PMCM) Office Engineer
Jerry Hayes (Consor PMCM) Inspector
Jesse Dean (Consor PMCM) Inspector
Ray O’Rilley (Consor PMCM) Inspector
Joe Curran (Consor PMCM) Inspector
Tatevik Janvelyan, PE, ACI, PCI II, QSD (Albat - DBE) Construction Management Support Justin Palmaymesa, PE, QSD, CWI, PCI III, NACE II (Albat - DBE) Construction Management Support Ken Riley, CWI, PCI II, ACI (Albat - DBE) Construction Management Support Erik Dahl, PE (Albat - DBE) Construction Management Support Rocky Rodgers, PCI II, ACI (Albat - DBE) Construction Management Support Margi Walsh (Albat - DBE) Construction Management Support John Atkinson (BFI - DBE) Materials Testing
Shelby Fuller (BFi - DBE) Materials Testing
Michael Kibbey, EIT (BSK) Materials Testing
James Auser, PE (BSK) Materials Testing
Randy Cortez (BSK) Materials Testing
Scott Orr (BSK) Materials Testing
Kenneth (KC) Clark (BSK) Materials Testing
Dennis Ness (BSK) Materials Testing
Shawn Leyva, PE (Crawford) Geotechnical Engineering
Amando Castro, PE (Crawford) Geotechnical Engineering
Kristin Calia, PE, TE (Fehr & Peers) Traffic Engineering and Signal/Lighting/Electrical Ian Barnes, PE (Fehr & Peers) Traffic Engineering and Signal/Lighting/Electrical Francisco Martin, PE (Fehr & Peers) Traffic Engineering and Signal/Lighting/Electrical Jim Brainard, PLS (JB Surveys) Topographic Mapping and Boundary Surveying Kevin Norgaard, PE (MKN) Hydrology and Hydraulics
Kent Hysell (NorthStar) Topographic Mapping and Boundary Surveying Rien Groenewoud (NorthStar) Topographic Mapping and Boundary Surveying City of Ceres | On-Call Consultant Services | 8
ITEM 9

1.h FIRM QUALIFICATIONS
Consor NA is a North American transportation and water infrastructure consulting firm. We offer structural design, road design, planning, utility coordination, structural assessment, structural asset management, program management, and construction administration and inspection services. Consor specializes in the delivery of public agency infrastructure projects that meet FHWA, Caltrans, and Local Agency standards, practices, and guidelines. We have more than 80 staff members in California with offices in Walnut Creek and Rancho Cordova.

Our diverse team of experts live and work alongside clients, providing thoughtful solutions to create inspiring communities together . People choose Consor because they know they will get a better experience and be better for the experience— whether they’re a client, a teammate, or a partner .

Our recent experience in civil design work for public agencies includes the following:
• Design Innovations
• Project Budget/Cost Control
• Understanding of Local Conditions
Consor staff have significant highway design experience, giving our engineers the capability to generate innovative solutions that meet a project’s needs while working within the project constraints, such ad designing for construction staging and reducing traffic impacts.

Consor staff are also familiar with modern roundabout design as an intersection control alternative to standard signalization. Elimination of the opportunity for the deadliest crashes at intersections (T-bone or head-on crashes) is the greatest benefit of the roundabout design. Consor has designed numerous roundabouts in Northern California and are very proficient at solving the sometimes-complex issues associated with this type of project.

Complete Streets
Our Consor team understands that incorporating complete streets elements into City projects will contribute numerous benefits to its community, such as:
• Wider sidewalks and well-defined bike routes
• Complete streets will provide for a safer environment for children in transit • Transportation options that allow everyone - particularly people with disabilities and older adults - to stay connected to the community • Multi-model transportation networks will help the City mitigate traffic gridlock • Designing a street with pedestrians in mind- sidewalks, raised medians, better bus stop placements, traffic-calming measures, and compliance with ADA regulations can reduce pedestrian accidents • A complete streets program will reduce carbon emissions The characteristics of complete streets include the following: integrated and comprehensive transportation network; multi-model design accommodating walking, cycling, transit, driving, parking, and deliveries; street design correlating to the adjacent land uses; pedestrian and bicycle facilities providing connectivity and promoting safety; uniform landscaping, including street trees and landscaped medians and sidewalks; and sustainable design minimizing runoff, heat island effects, and responding to climatic demand and conservation of scarce resources.

Pavement Rehabilitation
Deteriorating roads are a constant problem for cities and counties. Maintaining these roadways, highways, and parking lots is a high cost items for most local agencies. To properly deliver this task, engineers must be highly cognizant of Legal Name:

Consor North America, Inc.

Business Address:
2868 Prospect Park Drive, Suite
250, Rancho Cordova, CA 95670
Legal Form:

Corporation
Contact Person:

Mike Sanchez, PE
Project Manager
2868 Prospect Park Drive, Suite
250, Rancho Cordova, CA 95670
916.761.5278
of our work
is for public
agencies
26 West
region
offices
1,700+
600+

FIRM SIZE
total staff
West region staff
Professional
and Technical
Staff in Northern
California
50 A North American
transportation infrastructure
and water firm focused on
going above, below, and
beyond the surface to move
people and communities
forward.

City of Ceres | On-Call Consultant Services | 9
ITEM 9
pavement technology, evaluation methods, and the proper use of the most cost-effective repair and maintenance strategies.

Consor Can provide the following pavement engineering services to the City of Ceres:
• Pavement Analysis - Encompasses mix design, placement inspection, aggregate testing, and evaluation of asphalt binder and concrete analysis
• Pavement Rehabilitation Plans - Design report for assessing pavement conditions, cost and phases of construction, based on traffic loads, subgrade and material properties • Pavement Design - Engineered plans, specifications, and contract documents for execution and enforcing the con- struction contract documents
In addition to our roadway group, which continues to grow and add service lines, we also have a robust structural design department, encompassing a vast array of experience in structural designs ranging from more complex steel bridge design, to simple sign structure design. Using innovative bridge design techniques and new technologies, Consor continues to be recognized as an industry leader in bridge engineering. We provide expertise in structural engineering, including new bridges, bridge replacement, bridge widening, and repair/rehabilitation design; culvert design; pedestrian bridge design; bridge load rating and inspection; and ancillary structures design. In addition to bridge design, our firm provides design services for a wide range of ancillary highway structures in support of roadway projects, including traffic signal and sign structure support design, noise wall/retaining wall design, and culvert design. The Consor team has completed more than 300 bridge replacement and repair designs, inspected more than 650 bridges, and designed more than 100 storm damage repair projects in California in the last 10 years.

Federal, State, and Local Funding Assistance
Consor staff are ready to assist the City with projects that are funded locally and regionally with Measure L Funds through Stanislaus County or Governments (StanCOG), are subject to federal, state, and local funding processes and “paperwork,” including requests for authorization and allocation, cost/scope/schedule changes, project close- outs, finance letters and detail estimates. From our experience in managing other projects in Caltrans District 10 under federal funding requirements, we are knowledgeable of the applicable processes, paperwork and deadline requirements. We have performed work in accordance with the procedures and guidelines set forth in Local Assistance Program Guidelines and Local Assistance Program Procedures for Federal and State Programs. We have also provided services to local agencies utilizing TEA-LU and TLC funding sources. Consor staff is also familiar with state and federal environmental permitting processes and has performed and coordinated work to meet NEPA and CEQA requirements. Consor has a significant amount of experience assisting local agencies with funding acquisition through state and federal programs. Over the past 45 years, Consor staff has assisted many different agencies in obtaining millions of dollars in federal funding for their projects.

Project Approach
The project examples provided on the subsequent pages align with your Capital Improvement Program, which features a robust parks improvement program and a consistent pavement management program. Upon task order notice- to-proceed, the Consor team will provide all the necessary services to complete the required tasks for a project City of Ceres | On-Call Consultant Services | 10
Consor has delivered numerous bridge replacement and roadway rehabilitation projects for the County over the past decade... I found Consor and their subconsultant teams to be responsive and helpful, proposing workable solutions to difficult challenges. There were challenging scheduling issues with the project, including the need to coordinate with environmental resource agencies to accelerate the completion of the project from a two- season construction project into a one-season project through the use of a temporary access bridge. Consor and their team provided practical solutions to address each situation and remained adaptable to deliver the project on a tight deadline. -Sam Booth, AICP | Director, Alpine County Community Development ITEM 9
assignment as directed by the City. In addition to PS&E, these services may include preliminary engineering,
topographic and right of way surveys, geotechnical
engineering, hydraulic analysis, traffic engineering,
landscape architecture, and other technical support
services. The Consor team may also be asked to support
the City with environmental compliance and right-of-
way acquisition, including the development of legal
descriptions and deed plats.

Consor understands that with on-call contracts, task
orders are typically smaller in scale, requiring efficient resource management to maintain a budget and schedule
that support successful project delivery. Task orders can be either brand new projects or part of a multi-phase project, where Consor is called upon to complete an ongoing
project. Consor has a proven track record of successfully integrating into projects with short lead times, assigning the right staff, and delivering tasks on time.

Consor and our team of subconsultants are well-versed
in civil and structural design projects as on-call contracts.

Team members can successfully balance the needs of
part-time tasks with larger contract deliverables. This offers flexibility to the City by being able to have a highly qualified person available without the need for a full- time assignment. We have worked on on-call contracts
for numerous cities and counties throughout California
and we understand the need for expedient and efficient
project delivery.

Project constraints can present unique challenges to task order progress. These challenges can include limited
right of way, the need for stormwater treatment designs, tight funding deadlines, and limited budgets. To address and minimize project disruptions, Consor will determine the appropriate design to fit the site conditions using the appropriate and immediately-available staff.

Task orders may involve coordination with permitting agencies or involve environmental constraints. Consor will support the City with exhibits, documentation, or calculations to aid in project justification or answer permitting agency questions. Regardless of the task order constraint, Consor will maintain open communication and dialogue with the City and our subconsultant team to solve the problem.

Upon a task or project assignment from the City, Project Manager Mike Sanchez, will review your project’s requirements and match them with the appropriate staff. He will then tailor a work plan to provide for any scope of services requested by the City – from staff augmentation to complete project management and design.

Performance of the potential services anticipated under this on-call contract requires individuals with an experienced background that aligns with the project goals; a commitment to the City’s desire for responsive service and quality products; and a mutual goal of putting the project first and serving the City’s residents efficiently. The Consor team’s approach to a successful project is to foster an environment that fosters open communication and promotes a team atmosphere of mutual respect and participation and collaboration between the design team members, City staff, consultants, and any reviewing agencies.

By maintaining a roster of Consor staff dedicated to the City’s projects, we have the flexibility to quickly assemble a responsive and efficient project team for any assignment.

Project and Management Approach/
Cost Controls
Project Initiation Checklist
Verifies critical success factors are identified,
needed expertise and resources are available, key
milestones are set, and scope and fees are reviewed
by peers or senior staff
Project Management Plan
Defines communication lines, scope, schedule,
budget, and overall team expectations
Change Management Plan
Establishes a defined process to document and
communicate changes, including impact to scope,
fee, and schedule
Communication Plan
Outlines steps to document and proactively
communicate internally and with the City
PM Software
Consor’s Deltek Vision software tracks progress and
report budget status in real time, allowing project
managers to monitor work progress relative to
budgets and make necessary adjustments
Earned Value Management (EVM)
Integrates the project schedule with the project
budget to forecast the anticipated financial path of
the project
QA/QC Plan
Defines roles, sets milestones, and uses tracking
forms to cross-check plans prior to any deliverables
$$
City of Ceres | On-Call Consultant Services | 11
ITEM 9
Consor has assembled a team of professional engineers to deliver high-quality engineering design services for the City of Ceres. This team has the experience and understanding of working through the challenges of a project together, which will result in its efficient delivery.

TASK ASSIGNMENTS
M. Sanchez (Consor NA)
S. McCauley (Consor NA)
NorthStar
JB Surveys
MKN
Crawford
Fehr & Peers
T. Barajas-Chen (Consor PMCM)
Albat
BFI
BSK
Civil/Transportation Design n n
Civil/Structural Design n
Surveying n n
Drainage/Sewer/Wet Utility Design n n
Hydrology/Hydraulics Studies n n
Geotechnical Services n
Transportation Planning n
Traffic Analysis n
Signal/Lighting/Electrical n
Construction Management n
Inspection and Materials Testing n n n n n
Hot Springs Road Reconstruction, Alpine County, CA
Mike Sanchez has managed
the Consor team and
has been instrumental
in coordinating with our
team and ensuring the
projects meet out needs
and expectations. Mike and
his team’s knowledge and
experience kept the project
moving and achieving
the necessary milestone
deliverables.
-Sam Booth, AICP | Director, Alpine
County Community Development
City of Ceres | On-Call Consultant Services | 12
ITEM 9
City of Ceres | On-Call Consultant Services | 13
Example Scope of Services
The following scope of work shown below provides an example of a typical project which would involve a combination of different items of work as detailed in the RFQ.

TASK 1: Project Management/Meeting/Coordination
This task will include Consor’s management of the project and coordination between City staff, subc onsultants, and various local, state and federal agencies as required to complete the tasks defi ned within the project scope of work.

Also included in this task is effort t o provide direction to and monitor the project team, prepare project reports, prepare and monitor a QA/QC Plan, and attend and document meetings with the City to receive input and discuss and review the project during its critical design periods. Consor will assume a set number of project meetings, progress reports, schedule revisions, and invoices depending on the project’s scale and City’s guidance.

Deliverables:
• Monthly invoices and progress reports
• Meeting agendas and minutes
• Project schedules
TASK 2: Topographic/Control Surveys and Base Mapping
Consor, JB Surveys or NorthStar will perform topographic and control surveys of the project site. JB Surveys or NorthStar will collect all necessary information using the most advanced and appropriate technologies.

Design topographic surveys will be established on a robust and appropriate project control network. All work will undergo a thorough QA/QC review by an experienced office surveyor, who cross-checks newly collected data against prior surveys both horizontally and vertically to verify accuracy and identify any discrepancies. Additionally, all deliverables are reviewed and approved by a licensed land surveyor.

Deliverables:
• Field notes and sketches
• Research documents (e.g., Records of Survey, NGS Data Sheets)
• Raw field point ASCII files
• AutoCAD Civil 3D files (fully processed and layered per City standards)
• Legal Descriptions and Deed Plats
TASK 3: Geotechnical Investigations
In support of potential civil or structural task orders, the geotechnical investigation phase, performed by Crawford & Associates, will follow the initial site review and include site-specific subsurface exploration and laboratory testing to provide geotechnical recommendations for project design and construction. Recommendations can include pavement design or retaining wall types. Depending on the type of project, each will typically include the following tasks:
• Field exploration
• Laboratory testing
• Engineering analysis and Geotechnical Report
Deliverables:
• Draft and Final Geotechnical Reports
• Log of Test Borings
TASK 4: Hydrology & Hydraulics
MKN will prepare hydrology and hydraulic studies for project sites to determine the best design for storm drain systems and green infrastructure. Project analysis will adhere to the latest City standards. MKN can also prepare stormwater treatment designs if project impervious areas meet certain thresholds.

Deliverables:
• Draft and Final Hydrology and Hydraulic Studies
• Storm drain and green infrastructure designs
ITEM 9
TASK 5: PS&E Design
Consor will prepare design PS&E, specifically regarding civil design and structural projects. Depending on the project schedule and timeline, several submittal milestones could be included. Typically, the PS&E submittal may also include contributions from the Consor subconsultant team:
• JB Surveys and NorthStar for survey control
• Fehr & Peers on traffic analysis, signal design, lighting, and electrical plans The preparation of the PS&E package will go through Consor’s internal processes to verify high-quality deliverables including an independent engineer’s check and a QA/QC review by a senior engineer .

Deliverables:
• Design Criteria Memo
• Design Exception Memo (if needed)
• Plans (11x17 or 22x34 PDF , CAD, signed at final
submittal)
• Engineer's Estimate (PDF)
• Technical Special Provisions (Word and PDF , signed at final submittal)
• Comment and resolution tracking tables
TASK 6: Bidding Assistance
It is assumed that the City will administer the contract bid process and administration of the construction project. The Consor team will provide assistance, as directed by the City, in the advertising of the project. While the project is being advertised for bids, all questions concerning the intent of the construction plans and specifications will be referred to the Consor team for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by the Consor team for decision by the City as to the proper procedure required. Corrective action taken will be in the form of an addendum prepared by the Team. The Consor team will assist the City in responding to bidders’ inquiries, preparing addenda, clarifications, attending pre-bid meetings and bid openings, and providing ongoing consultation and interpretation of the construction documents.

Deliverables:
• Responses to bidder questions
• Review of shop plans
• Responses to Requests for Information (RFIs)
• Addendum packages (if needed)
TASK 7: Construction Administration and Inspection
Consor’s team including Consor PMCM and additional subconsultants–Albat, a DBE firm (Construction Management Support), and BFI Consulting, a DBE firm (Materials Testing), and BSK (Materials Testing)–will , provide comprehensive construction administration and inspection support throughout the duration of a project. Our team will supply qualified personnel including, Resident Engineers, Assistant Resident Engineers, Office Engineers, and Construction Inspectors, as needed to meet the specific requirement of each project and scope. Consor’s team will administer preconstruction and weekly meetings, address contractor requests for information (RFIs), review and process materials submittals, monitor contract time and issue weekly statements of working days (WSWDs), negotiate and prepare change orders and corresponding memoranda, and generate detailed construction inspection reports for on-site activities. At time of closeout, our team will prepare record drawings and project closeout reports in compliance with Caltrans’ Local Assistance Procedures Manual (LAPM) guidelines for federally funded projects.

Deliverables:
• Meeting minutes
• Review of submittals
• Responses to Requests for Information (RFIs)
• Development of contract change orders and memos (if
needed)
• Construction inspection reports
• Weekly statements of working days
• Record drawings
• LAPM closeout reports
TASK 8: Project Close-out
The Consor Team will assist the City with any remaining checklist items to verify successful project close-out, including the production of as-built drawings.

1.i FIRM ORGANIZATION CHART
Mike Sanchez, PE*
Project Manager/Firm
Principal (Consor NA)
Brent Lemon, PE*
QA/QC (Consor NA)
Mark Reno, PE*
Principal-in-Charge (Consor NA)
Specialty Support - Construction Management (Consor PMCM)

RESIDENT

ENGINEERS

ASSISTANT RESIDENT

ENGINEERS
»
»
Geotechnical Engineering
Crawford and Associates, Inc.

Shawn Leyva, PE
Amando Castro, PE
Survey
JB Surveys, Inc.

Jim Brainard, PLS
Survey
NorthStar
Kent Hysell
Rien Groenewoud
Water/Wastewater
MKN
Henry Liang, PE*
Kevin Norgaard, PE
CM Support
Albat (DBE)
Tatevik Janvelyan, PE, ACI, PCI II, QSD
Justin Palmaymesa, PE, QSD, CWI, PCI III, NACE II
Ken Riley, CWI, PCI II, ACI
Erik Dahl, PE
Rocky Rodgers, PCI II, ACI
Margi Walsh
Traffic
Fehr & Peers
Kristin Calia, PE, TE
Ian Barnes, PE
Francisco Martin, PE
Materials Testing

BFI (DBE)
John Atkinson
Shelby Fuller
Materials Testing
BSK
Michael Kibbey, EIT
James Auser, PE
Randy Cortez
Scott Orr
Kenneth (KC) Clark
Dennis Ness
Specialty Support (Additional Subconsultants)
OFFICE ENGINEERS »
INSPECTORS »
Brent Harrison, PE*
Kevin Beltran, PE | Hernan Gutierrez, EIT
Scott McCauley, PE*
Tyler Eaton, PE | Thomas Truchement, PE | Cyam Cajegas, PE Design Team (Consor NA)

ROADWAY ENGINEER

ROADWAY DESIGN

ENGINEERS
»
»
STRUCTURAL ENGINEER »

STRUCUTRAL DESIGN
ENGINEERS »
* Indicates Key Personnel
City of Ceres | On-Call Consultant Services | 15
ITEM 9
ITEM 9
-1-

MASTER AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES FOR

CAPITAL PROJECTS
THIS AGREEMENT is made this _ 14__ day of ___July__, 2025, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and SANBELL BAY AREA, a professional consulting firm, hereinafter referred to as "CONSULTANT".

RECITALS:

A. CITY has completed a Request for Qualifications (RFQ) process to select qualified professional consulting firms to perform services for the CITY on an as needed basis for various engineering specialties.

B. CONSULTANT was one of the professional consulting firms selected by the CITY.

1. TERM
The term of this Master Agreement shall commence upon its execution by the parties and shall expire on June 30, 2027. If the Master Agreement is not extended, the terms and conditions of the Master Agreement will stay in effect until the satisfactory completion of the services as agreed to in the specific Project Agreements as further delineated herein.

2. AWARD OF PROJECTS
During the term of this Master Agreement, and any extension thereof, the CITY will from time-to-time submit a preliminary scope of services for selected projects to each of the consulting firms selected to contract with the CITY. CONSULTANT will, as requested by the City Engineer, submit a scope of services, schedule and price for the project. The City Engineer will make the final determination regarding the award of the project and CONSULTANT will, within five (5) days of the Notice of Award, execute and deliver to the CITY the Project Agreement in the form shown on ATTACHMENT 1.

3. COMPLIANCE WITH LAW
CONSULTANT shall use due professional care to provide that services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes,

ATTACHMENT C
ITEM 9

-2-

rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

Should the CITY discover a violation of any of the applicable ordinances, resolutions, statutes, rules or regulations referred to in this paragraph 2, the CITY shall give written notice of such violation to CONSULTANT, and CONSULTANT shall have a reasonable time to cure such violation.

Should a conflict arise between any of the various ordinances, resolutions, statutes, rules and regulations, CONSULTANT shall advise the CITY of such conflict, and the parties shall mutually agree upon a resolution of such conflicts.

For State and Federally funded projects, should a conflict arise between this agreement and the terms set forth in Exhibit 10-R, the terms in Exhibit 10-R shall prevail. For locally funded projects, this agreement shall prevail.

4. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONSULTANT shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONSULTANT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONSULTANT’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

5. FAMILIARITY WITH WORK
By executing this Master Agreement, CONSULTANT agrees that with regard to any Project Agreement, the CONSULTANT: (a) will investigate and consider the scope of services to be performed; (b) carefully consider how the services should be performed; and, (c) fully understand the facilities, difficulties, and restrictions attending performance of the services of any project for which a proposal is requested. If services involve work upon any site, CONSULTANT will investigate the site and will be fully acquainted with the conditions that exist prior to commencement of services on the project. Should the CONSULTANT discover any latent or unknown conditions which will materially affect the performance of the services on the project, CONSULTANT will immediately inform the CITY of such fact and shall not ITEM 9

-3-

proceed except at CONSULTANT’S risk until written instructions are received from the Contract Officer.

6. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Master Agreement and any Project Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of said Agreements. Unless hereafter specified, neither party shall be responsible for the service of the other.

7. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSULTANT, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. It is expressly understood by CONSULTANT that the provisions of this section shall not apply to services specifically set forth in the Scope of Services for any Project Agreement or reasonably contemplated therein.

CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services for any Project Agreement may be more costly or time consuming than CONSULTANT anticipates and that CONSULTANT shall not be entitled to additional compensation therefore.

8. TERM OF PROJECT AGREEMENT
Any Project Agreement shall be effective upon execution by both parties and will continue in effect until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Master Agreement.

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Ceres Department of Finance. Any costs incurred by CONSULTANT prior to receipt of a purchase order shall be at CONSULTANT’S expense.

10. PROJECT COMPENSATION
CONSULTANT agrees to accept the sum stated in the Project Agreement as full remuneration for performing all services and furnishing all staffing and materials for the work in accordance with Scope of Services contained in the Project Agreement. The total compensation paid to CONSULTANT for all projects awarded to CONSULTANT under this Master Agreement shall not exceed one million five-hundred thousand ($1,500,000.00) without further approval of the Ceres City Council.

For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’S actual costs for all services called for in the Scope of Services. All work to be performed shall be billed at the lower of the hourly rates provided by the CONSULTANT in their Proposal in response to the City’s RFQ or as set forth in the Project Agreement. CONSULTANT shall submit monthly invoices to CITY which include City Project Number, City Purchase Order Number, detailed tasks, hours worked, and billable rates for all work completed, and detailed receipt for any out-of-pocket costs paid by CONSULTANT in connection with work performed on the project. CONSULTANT shall be paid within thirty (30) days of receipt by the CITY of a properly prepared invoice.

11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.

12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.

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restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay.

The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’S sole remedy being extension of the Agreement pursuant to this Section.

14. OBLIGATIONS OF CONSULTANT
Throughout the term of this Master Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

CONSULTANT agrees that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the services contemplated by this Master Agreement, and any specific Project Agreement.

CONSULTANT further agrees that it will reasonably follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding any project. These reviews shall be performed by senior personnel experienced in the areas necessary to perform the reviews and capable of making appropriate recommendations for modifications, as necessary.

15. PROJECT MANAGER
CONSULTANT will assign a Project Manager, who will be the person primarily responsible for the performance of the services referred to in any Project Agreement. Said person shall not be replaced without the consent of CITY, which consent will not be unreasonably withheld.

16. CONTRACT OFFICER
The City Engineer will assign a Contract Officer for the services performed under any Project Agreement. It shall be the CONSULTANT’S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the ITEM 9

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CONSULTANT shall refer any decisions, which must be made by CITY to the Contract Officer.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of any Project Agreement.

17. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability, and reputation of CONSULTANT, its principals, and employees were a substantial inducement for the CITY to enter into this Master Agreement.

Therefore, CONSULTANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITY. In addition, neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group and/or control of CONSULTANT, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall, at CITY’s option, be void.

No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.

18. OWNERSHIP OF DOCUMENTS/TITLE TO DATA
Ownership of Documents
All electronic and hard copies of reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of CITY and CONSULTANT, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by CONSULTANT for purposes other than this contract without the express prior written consent of CITY.

Any use of the work product for other project(s) without specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT.

Further, any and all liability arising out of changes made to, or reuse of, CONSULTANT’S deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT and CITY assumes full responsibility for such changes unless CITY has ITEM 9

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given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

Title to Data
If, as a part of any Project Agreement, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of final data generated under this Agreement will be delivered to CITY upon the completion of the project, termination of services, or when requested by City.

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

19. INTEREST OF CONSULTANT
CONSULTANT warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Master Agreement, or any Project Agreement.

CONSULTANT warrants that, in performance of any Project Agreement, CONSULTANT shall not employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

20. REPORTS
CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by any Project Agreement as the Contract Officer shall require. CONSULTANT thereby acknowledges that the CITY is greatly concerned about the cost of work and services to be performed pursuant to any Project Agreement. For this reason, CONSULTANT agrees that if CONSULTANT becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated therein, CONSULTANT shall promptly notify the Contract Officer of said fact, circumstance, technique or event.

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21. RECORDS
CONSULTANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by any Project Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records.

Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

22. AMENDMENTS
Both parties to this Master Agreement understand that it may become desirable or necessary during the performance of any Project Agreement, for CITY or CONSULTANT to modify the scope of services provided for under any Project Agreement. Any material extension or change in the scope of services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until an amendment is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.

23. INDEPENDENT CONTRACTOR
All acts of CONSULTANT, his agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Master Agreement, and any Project Agreement shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and ITEM 9

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CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONSULTANT, his agents, officers and employees are and, at all times during the term of this Master Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

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

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

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT nor CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

As an independent contractor, CONSULTANT hereby indemnifies, defends and holds CITY harmless from any and all claims that may be made against CITY based upon any ITEM 9

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contention by any third party that an employer-employee relationship exists by reason of this Agreement.

24. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONSULTANT: Name: Sanbell Bay Area
Address: 7077 Koll Center Parkway, Suite 210
Pleasanton, CA 94566

Attention: Daniel Leary
Phone: (925) 685-4569

FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia St.

Ceres, CA 95307
Attention: Michael R. Beltran II, PE, Director of Engineering Phone: (209) 538-5775

25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “A”.

26. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
Any Project Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONSULTANT, or (2) legal dissolution of CONSULTANT, unless the CITY consents in writing to the continuation of the Project Agreement.

Termination by CITY for Default of CONSULTANT
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Should CONSULTANT default in the performance of any Project Agreement or materially breach any of his provisions, at its option CITY may terminate any Project Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. Except for a material breach of any Project Agreement resulting from the CONSULTANT’S willful destruction of CITY'S property, dishonesty or theft, the CITY will give the CONSULTANT 30 days notice to correct failure to perform required services or default in performance prior to executing a written notice of termination.

Termination by CONSULTANT for Default of CITY
Should CITY default in the performance of any Project Agreement or materially breach any of its provisions, at his/its option CONSULTANT may terminate any Project Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of any Project Agreement shall include but not be limited to any of the following: failure to pay CONSULTANT as hereafter provided, willful destruction of CONSULTANT'S property by CITY, dishonesty or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Master Agreement, effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Master Agreement for the ensuing fiscal year. In such event, CITY shall give CONSULTANT not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the payments set forth in any Project Agreement on the date due, at his option CONSULTANT may terminate any Project Agreement if the failure is not remedied within thirty (30) days after CONSULTANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONSULTANT'S Tax Status If CITY determines that CONSULTANT does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Master Agreement and any Project Agreement by giving written notice to CONSULTANT. The termination date shall be the effective date of the notice.

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Voluntary Termination
The parties may terminate any Agreement upon mutual written Agreement.

In the Event of Termination
If any Project Agreement is terminated pursuant to this Paragraph, CONSULTANT shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT’S work on the project.

Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.

If any Project Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If any Project Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSULTANT, CONSULTANT understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

27. INDEMNITY
CONSULTANT shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, to the extent caused in whole or in part by any negligent act or omission of the CONSULTANT, or any agent or employee of the CONSULTANT, except where caused by the active negligence, sole n
egligence, or willful misconduct of the CITY.

CONSULTANT'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by ITEM 9

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any requirement in this Agreement for CONSULTANT to procure and maintain a policy of insurance.

28. PREVAILING WAGES/CERTIFIED PAYROLL REQUIREMENT
Should the performance of the services required by any Project Agreement involve the provision of field work, CONSULTANT is advised that compliance with California Labor Code Sections 1720 – 1781 regarding the payment of prevailing wages is required, including the obligation to comply with the provisions of Section 1776 of the Labor Code regarding payroll records. These provisions apply equally to the CONSULTANT and its subcontractors, and CONSULTANT shall require that its sub consultants and subcontractors comply with the Labor Code provisions.

29. RETENTION OF FUNDS
CONSULTANT hereby authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of any Project Agreement): (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY; and, (ii) all amounts for which CITY may be liable to third parties, by reason of CONSULTANT’S acts or omissions in performing or failing to perform CONSULTANT’S obligation under any Project Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSULTANT, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of CITY to exercise such right to deduct or to withhold shall not, however, affect the obligations of the CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided herein.

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previous proposals, offers and communications relative to this Master Agreement and any Project Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Master Agreement and any Project Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Master Agreement and any Project Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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

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

33. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT'S charges to CITY under any Project Agreement.

CONSULTANT agrees to retain reports, records, documents, and files related to charges under any Project Agreement for a period of three (3) years following the date of final payment for CONSULTANT services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

34. GOVERNING LAW
This Master Agreement and any Project Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. The parties agree that as a condition precedent to the commencement of litigation under either the Master Agreement or any Project Agreement, they shall submit the matter to non-binding mediation administered by the American Arbitration Association under its construction industry mediation rules, unless waived by mutual stipulation of both parties. Legal actions concerning any dispute, claim, or matter arising out of or in relation to said Agreements ITEM 9

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not settled by mediation shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

35. TITLE VI ASSURANCES
Appendices A through E of the Title VI Assurances are attached herein as Exhibit “B”, and all provisions are made apart of this agreement as required by U.S. Department of Transpiration Order No.1050.2A.

36. HEADINGS NOT CONTROLLING
Headings used in this Master Agreement and any Project Agreement are for reference purposes only and shall not be considered in construing said Agreements.

37. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license, as required.

38. ATTORNEYS’ FEES
If either party to this Master Agreement and any Project Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Master Agreement or any Project Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated: ______________________, 2025

Dated: ______________________, 2025
CITY OF CERES, a municipal corporation

By________________________________
Signature

Douglas Dunford, City Manager_
Name and Title
Sanbell Bay Area

By_______________________________
Signature

_________________________________
Name and Title

APPROVED AS TO FORM

__________________________________

CITY ATTORNEY

CONSULTANT’s Federal ID #

__________________________________

ATTEST:

_____________________________________
Fallon Martin, City Clerk

Daniel Leary, Managing Principal
June 16
ITEM 9

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EXHIBIT “A”

INSURANCE REQUIREMENTS FOR CONSULTANTS

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.

Minimum Scope of insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).

3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’S profession.

Minimum Limits of Insurance

CONSULTANT shall maintain limits no less than:

1. General Liability (Including operations, products and completed operations as applicable.):

$2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability
insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required
occurrence limit.

2. Automobile Liability:

$2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability:

$2,000,000 per accident for bodily injury or disease.

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4. Errors and Omissions Liability:
$2,000,000 per claim and aggregate.

SPECIAL SITUATIONS/CLAIMS HANDLING PROCEDURES

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the consultant shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, clam administration and defense expenses.

Other Insurance Provision

The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The Entity, its officers, officials, employees, are to be covered as insured’s as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.

2. For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees.

Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

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

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of section 2782 of the Civil Code.

If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:

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

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the ITEM 9

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Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of contract work.

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

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

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage

CONSULTANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Waiver of Subrogation

CONSULTANT hereby agrees to waive subrogation, which any insurer of contractor may acquire from vendor by virtue of the payment of any loss. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the consultant, its agents, employees, independent contractors and subcontractors.

ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 1 of 34 ends

May 2023

Exhibit 10-R: AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid and State-Only Projects)

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS .................................................................... 4 ARTICLE III STATEMENT OF WORK ................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS .......................................................................... 6 ARTICLE VI TERMINATION ................................................................................................................ 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ................................... 11 ARTICLE VIII RETENTION OF RECORD/AUDITS .............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES ..................................................................................... 12 ARTICLE X SUBCONTRACTING ........................................................................................................ 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................ 15 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ....................... 19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................... 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................. 22 ARTICLE XIX INSURANCE ................................................................................................................. 28 ARTICLE XX FUNDING REQUIREMENTS ......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS ..................................................................................................... 29 ARTICLE XXII CONTINGENT FEE ...................................................................................................... 29 ARTICLE XXIII DISPUTES .................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ............................................................................................ 30 ARTICLE XXV SAFETY .......................................................................................................................30 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR ............. 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................... 32 ARTICLE XXX EVALUATION OF CONSULTANT .............................................................................. 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 2 of 34 ends

May 2023

ARTICLE XXXII TITLE VI ASSURANCES ........................................................................................... 33 ARTICLE XXXIII NOTIFICATION ........................................................................................................ 38 ARTICLE XXXIV CONTRACT ............................................................................................................. 38 ARTICLE XXXV SIGNATURES ........................................................................................................... 39 ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 3 of 34 ends

May 2023

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

SANBELL BAY AREA

Incorporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be DANIEL LEARY The name of the “LOCAL AGENCY” is as follows:

CITY OF CERES

The Contract Administrator for LOCAL AGENCY will be MICHAEL R. BELTRAN II

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated May 2, 2025. The approved CONSULTANT’s Cost Proposal is attached hereto Attachment 1 and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

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

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

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

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

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

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

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

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

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Provided in Attachment 2

B. Right of Way
Not Applicable to this Contract

C. Surveys
Not Applicable to this Contract
D. Subsurface Investigations
Provided in Attachment 2
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by ITEM 9
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CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
Not Applicable to this Contract
H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on July 14, 2025, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on June 30, 2027, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

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

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

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C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of 10%. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

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

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF CERES
ATTN: MICHAEL R. BELTRAN II
2220 MAGNOLIA STREET, CERES, CA 95307
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $1,500,000.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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

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

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

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

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

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ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

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

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

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

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

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

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

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

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

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

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

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E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

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

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

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

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

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

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

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

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

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

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

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

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

D. Payroll Records

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

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2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.

c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

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

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

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

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

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

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in ITEM 9
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violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

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

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

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

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

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

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the ITEM 9
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AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employmen t of apprentices
and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

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

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

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

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

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or ITEM 9
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other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING

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

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

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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

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

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

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

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 ITEM 9
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CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

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

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

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

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

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

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

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

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

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

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

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

C. Exceptions to the Federal Government excluded parties ( https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

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

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

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

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C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

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

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
C
ONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

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

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

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

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

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

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

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

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

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

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

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

11. The LOCAL AGENCY determines other documented good cause.

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

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

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

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

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

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

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

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

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

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

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

The LOCAL AGENCY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

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

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If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

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

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

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

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

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment

CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY ITEM 9
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these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

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

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

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters

Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

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

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

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work ITEM 9
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of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

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

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F:

Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

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

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

ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($2,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

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C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

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

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

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

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

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

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

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing ITEM 9
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business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

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

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

B. If a PS&E submittal is not required, not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. If a PS&E submittal is required, not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

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

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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

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

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

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

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

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

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

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

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

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Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

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

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

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

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

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

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

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

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

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

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ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the 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:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

ii. cancellation, termination or suspension of the Agreement, in whole or in part.

f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is ITEM 9
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threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the 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.)

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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 Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

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ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

Sanbell Bay Area

Daniel Leary, Project Manager
252 W. Larch Road, Suite 252-H

Tracy, CA 95304

LOCAL AGENCY:

City of Ceres

Michael R. Beltran II, Contract Administrator

2220 Magnolia Street
Ceres, CA 95307

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

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ARTICLE XXXV SIGNATURES

City of Ceres Sanbell Bay Area

Douglas D. Dunford,
City Manager

Date: Date:

ITEM 9
EXHIBIT 10-H COST PROPOSAL Page 1 of 2

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant: Contract No.: City of Ceres Date: 05/23/2025 Fringe Benefit % = Combined Indirect Cost Rate (ICR) %
+ 62.39% + 87.77% 0.00%
FEE % 10.00%

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification
Straight OT(1.5x) OT(2x) From To
$66.04 99.06 132.08 01/01/25 12/31/25 24.00 0.00% 24.00$ - 25.46 $ $68.02 102.03 136.04 01/1/26 12/31/26 24.72 3.00%
$70.06 105.09 140.12 01/01/27 12/31/27 25.46 3.00%
$105.94 158.91 211.88 01/01/25 12/31/25 38.50 0.00% 38.50$ - 40.85 $ $109.13 163.70 218.26 01/1/26 12/31/26 39.66 3.00%
$112.41 168.62 224.82 01/01/27 12/31/27 40.85 3.00%
$99.06 148.59 198.12 01/01/25 12/31/25 36.00 0.00% 36.00$ - 38.19 $ $102.04 153.06 204.08 01/1/26 12/31/26 37.08 3.00%
$105.09 157.64 210.18 01/01/27 12/31/27 38.19 3.00%
$115.57 173.36 231.14 01/01/25 12/31/25 42.00 0.00% 73.00$ - 44.56 $ $119.04 178.56 238.08 01/1/26 12/31/26 43.26 3.00%
$122.62 183.93 245.24 01/01/27 12/31/27 44.56 3.00%
$121.08 181.62 242.16 01/01/25 12/31/25 44.00 0.00% 44.00$ - 46.68 $ $124.71 187.07 249.42 01/1/26 12/31/26 45.32 3.00%
$128.45 192.68 256.90 01/01/27 12/31/27 46.68 3.00%
$134.84 202.26 269.68 01/01/25 12/31/25 49.00 0.00% 52.00$ - 51.98 $ $138.88 208.32 277.76 01/1/26 12/31/26 50.47 3.00%
$143.04 214.56 286.08 01/01/27 12/31/27 51.98 3.00%
$151.35 227.03 302.70 01/01/25 12/31/25 55.00 0.00% 55.00$ - 58.35 $ $155.89 233.84 311.78 01/1/26 12/31/26 56.65 3.00%
$160.57 240.86 321.14 01/01/27 12/31/27 58.35 3.00%
$173.36 N/A N/A 01/01/25 12/31/25 63.00 0.00% 63.00$ - 66.84 $ $178.56 N/A N/A 01/1/26 12/31/26 64.89 3.00%
$183.93 N/A N/A 01/01/27 12/31/27 66.84 3.00%
$181.62 N/A N/A 01/01/25 12/31/25 66.00 0.00% 66.00$ - 70.02 $ $187.06 N/A N/A 01/1/26 12/31/26 67.98 3.00%
$192.68 N/A N/A 01/01/27 12/31/27 70.02 3.00%
Overhead %
150.16%
(per independent CPA auditor's report)
Assist Eng I / Staff Eng I
Eng Tech / Eng Intern
Hourly Range - for
classifications only
Actual or Avg.

Hourly Rate
Administrative
Project Engineer I
Engineer II / Staff Engineer III
% or $
Increase
Assist Eng II / Staff Eng II
Engineer I
Project Engineer II
Engineer III
% costs added back
Bellecci & Assoc (dba "Sanbell-Bay Area")
Hourly Billing Rates
Effective Date of Hourly
Rate
ITEM 9
EXHIBIT 10-H COST PROPOSAL Page 2 of 2

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification
Straight OT(1.5x) OT(2x) From To
Overhead %
150.16%
(per independent CPA auditor's report)
Hourly Range - for
classifications only
Actual or Avg.

Hourly Rate
% or $
Increase
% costs added back
Bellecci & Assoc (dba "Sanbell-Bay Area")
Hourly Billing Rates
Effective Date of Hourly
Rate
$219.45 219.45 219.45 01/01/25 12/31/25 79.75 0.00% 79.75$ - 84.60 $ $226.03 226.03 226.03 01/1/26 12/31/26 82.14 3.00%
$232.80 232.80 232.80 01/01/27 12/31/27 84.60 3.00%
$132.08 198.12 264.16 01/01/25 12/31/25 48.00 0.00% 48.00$ - 50.92 $ $136.05 204.08 272.10 01/1/26 12/31/26 49.44 3.00%
$140.12 210.18 280.24 01/01/27 12/31/27 50.92 3.00%
$143.09 214.64 286.18 01/01/23 12/31/23 52.00 0.00% 52.00$ - 55.17 $ $147.38 221.07 294.76 01/01/24 12/31/24 53.56 3.00%
$151.81 227.72 303.62 01/01/25 12/31/25 55.17 3.00%
$214.64 N/A N/A 01/01/22 12/31/22 78.00 0.00% 78.00$ - 82.75 $ $221.08 N/A N/A 01/01/23 12/31/23 80.34 3.00%
$227.71 N/A N/A 01/01/24 12/31/24 82.75 3.00%
$257.98 N/A N/A 01/01/22 12/31/22 93.75 0.00% 93.75$ - 99.46 $ $265.71 N/A N/A 01/01/23 12/31/23 96.56 3.00%
$273.69 N/A N/A 01/01/24 12/31/24 99.46 3.00%
$282.47 N/A N/A 01/01/22 12/31/22 102.65 0.00% 102.65$ - 108.90 $ $290.94 N/A N/A 01/01/23 12/31/23 105.73 3.00%
$299.67 N/A N/A 01/01/24 12/31/24 108.90 3.00%
$284.06 N/A N/A 01/01/22 12/31/22 103.23 0.00% 103.23$ - 109.52 $ $292.59 N/A N/A 01/01/23 12/31/23 106.33 3.00%
$301.37 N/A N/A 01/01/24 12/31/24 109.52 3.00%
$187.12 N/A N/A 01/01/22 12/31/22 68.00 0.00% 68.00$ - 72.14 $ $192.73 N/A N/A 01/01/23 12/31/23 70.04 3.00%
$198.51 N/A N/A 01/01/24 12/31/24 72.14 3.00%
Chief Land Surveyor
Prof Land Surveyor II
Project Eng III / Senior Eng I
Survey Tech II / Staff Survey II
Resident Engineer / PW Inspector
Survey Tech III / Staff Survey III
Prin Eng II
Prin Eng I
ITEM 9
Billing Rates:

January 1, 2025 -
December 31, 2026
January 1, 2027 -
December 31, 2027
January 1, 2028 -
December 31, 2028
Engineering Services
Engineering Intern 96.00$ 100.00$ 104.00$ Staff Eng I / Assist Eng I 138.00$ 142.00$ 146.00$ Staff Eng II / Assist Eng II 162.00$ 168.00$ 174.00$ Engineer I 166.00$ 172.00$ 178.00$ Staff Eng III / Engineer II 180.00$ 188.00$ 194.00$ Engineer III 202.00$ 210.00$ 218.00$ Project Engineer I / Project Manager 218.00$ 228.00$ 236.00$ Project Engineer II / Project Manager II 228.00$ 236.00$ 244.00$ Project Engineer III / Senior Eng I 240.00$ 248.00$ 256.00$ Principal Engineer I 248.00$ 256.00$ 264.00$ Principal Engineer II 280.00$ 290.00$ 300.00$ Construction Services
Public Works Inspector 180.00$ 188.00$ 194.00$ Public Works Inspector Assistant 132.00$ 136.00$ 142.00$ Construction Manager 228.00$ 236.00$ 244.00$ Project Coordinator 128.00$ 132.00$ 136.00$ Administrative 110.00$ 114.00$ 118.00$ Resident Engineer 200.00$ 208.00$ 216.00$ Senior Public Works Inspector 180.00$ 188.00$ 192.00$ Land Surveying Services
Safety Monitor/Flag Person 122.00$ 126.00$ 130.00$ Staff Survey I / Survey Tech I 128.00$ 132.00$ 138.00$ Staff Survey II / Survey Tech II 156.00$ 162.00$ 168.00$ Staff Survey III / Survey Tech III 180.00$ 186.00$ 192.00$ Professional Land Surveyor 248.00$ 256.00$ 264.00$ Survey, Chief of Party 180.00$ 186.00$ 192.00$ Survey, Journeyman Rodman 114.00$ 118.00$ 122.00$ Survey, Apprentice I 74.00$ 76.00$ 80.00$ Survey, Apprentice II 88.00$ 92.00$ 96.00$ Survey, Apprentice III 100.00$ 104.00$ 108.00$ Survey, Apprentice IV 112.00$ 116.00$ 120.00$ Drone Photography/Videography 182.00$ 188.00$ 196.00$ Graphic Artist 140.00$ 144.00$ 150.00$ Legal & Expert Services
Document Review and Case Meetings 350.00$ 362.00$ 374.00$ Depositions and Trial Testimony 425.00$ 440.00$ 456.00$ Client authorized overtime work will be charged at 135% of the standard hourly rates
Reimbursable expenses shall include, but are not
limited to the following:

Expenses
Bond $0.25/SF $0.25/SF $0.25/SF
Mylar $5/SF $5/SF $5/SF
Large Format Color Presentation $2.50/SF $2.50/SF $2.50/SF Color Copies - 8.5x11 $1.00/EA $1.00/EA $1.00/EA
Color Copies - 11x17 $1.90/EA $1.90/EA $1.90/EA
Other Direct Project Expenses Cost + 10% Cost + 10% Cost + 10% Subcontractors Cost + 10% Cost + 10% Cost + 10%
Outside Printing & Delivery Service Cost + 10% Cost + 10% Cost + 10% ITEM 9
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City of Ceres
Chod Colemon, PE, QSD
Managing Principal: Sac
Entineering Design
Erln Clounch, PE. PTOE
Associate Principal
Traffic Engineering
16O+ Addltlonol Stoffr
Civillwt,: Resources lTransp. &
Traflic Engtneers/ Landscape Arch.

Englneorlng De.lgn
Doniel Leory, PE, QSD, PTOE
Managing Principal: Bay Area
En!ineerin! Desi!n
Robert Broesll, PE
Principal Engineer ll
Engineerlng Design
Anoop Admol, PE
Principal Engineer I
Enginocrlng Design
Anthony Nguyen, EIT
Engineer ll
Englneerlng Deslgn
Tlonyu Yong, EIT
Engineer ll
Englncerlng Deslgn
Ben Wier Wier, EIT
Assistant Engineer ll
Engineering Dosign
Amy Yong, PE
Associate, Professional Eng. I
Entineerlng Design
Emmo Schoenthol, PE
Associate, Professional Eng. I
Englneerln! Deslgn
Ken Cheng, PE
Professional Engineer I
En6lineerin! Dcsign
Edmond Tsui, EIT
Assistant Engineer ll
Enginoering De3ign
Ncllo Desruisseoux
Assistant Engineer I
Englnc€rlng Dcaign
Monny Abucoy, PE
Project Mgr., Assoc. Principal
Englno.rlng DGrign
Thomor Hodge, PE
Associate, Professional Eng I
Englncorlng De rlgn
Clynlon Hebert, EIT
Engineer I
Engln.orlng Do.l8n
Ryon Boyer
Assista nt Engineer I
Englneering Dcslgn
Dorron Choy
Assistant Engineer I
Englncrrlng Dcclgn
Alcx Fong, PLS
Principal, Prof. Land Surveyor ll -
Surveyin!
Doug Crume, PLS
Professional Land Surveyor ll
Surveying
Donlc! Tokocs, LSIT
I
Associate, Survey Technician lll I
S u rveyi ng
Fbld Crew(BoyAreo)
(Chief of Partv: 2- Field Su rveyo'rs:4)
Surveying
This condensed organization chart shows the Key staf, we propose for this contract Additional resources wi,l potentially be used, depending on the scoPe of wotk and workload at the time a task order is issued. Of note, for the majority of typical On-catl Wojects, we anticipate being able to comP,ete designs or surveys without the need of additional subconsultants. lf a specialty subconsultant is needed for a TBD future prqect, we would provide qualifications and other rclevant information to the city, (upon request) and obtain w ritten apprcval from the C,ty ofCeres. o
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ITEM 9
Capabilities
Sanbell has Demonstrated Expertise in the Following Areas Design
. Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Formats for these documents will be discussed at the time of the task assignment.
. Bidding services including responding to bidders questions, attending pre-bid job walk, assistance in preparing addenda, attending the pre-construction meeting. . Prepare as-built drawings and provide in AutoCAD
Feasibility Studies
. Presenting alternatives to meet desired goal(s)with arguments for and against alternatives.

Conduct analysis of options (includes site and field investigation, cost/benefit, and recommended best a lternatives)
. Assist in preparation of draft report and presentations to city commissions.. Assist with grant applications.

General Professional Services
. Prepare Plans, specifications, and Estimates for capital lmprovement projects in any of thefollowing subjects: pavement, transportation, parks, facilities, water, was[ewater, ant storm drainage.

Land Development Services
' Plan check for construction documents (architectural, civil, utility, and landscape plans; specifications, hydrology reports, general land development review, etc.) Parks and Recreation Projects.
' New parks, trails, parking lots, detention basins, play equipment, track and field, stadiums, rest rooms, NCAA turf & grass fields
Pavement Rehabilitation and Maintenance
' slurry seal, mill and fill, digouts, base repairs, full depth reclamation '(FDR), and cold in place Recycling (CtR)
Storm Drain & Sanitary Sewer lmprovements
' Storm drain infrastructure improvements, Prop.84 Projects, LlD, green-infrastructure, detention basins, Rain Gardens. Sewer rehabilitation: review sewer videos, siwer main, transmission pipeline, laterals, manholes, trenchless designs
Street lmprovements
' complete Streets, widening, beautification, rehabilitation or new construction, traffic calming, Safe Routes to School, Class t-lV bike facilities, pavement rehabilitation/ repair Surveying & Other Field Reconnaissance
' lglgerapnic Su rvey, City Surveyor, Construction Staking, Plats & Legal Descriptions, Boundary, ALTA, Monument Preservation, clS, Aerial Flight Crosses, eA/ eC Surveys Utilities (Other)
. Water distribution main, transmission pipeline, laterals, manholes, etc.. Rule 20, undergrounding of overhead utilities, etc. ' Bellecci was the civil and/or survey subconsultant to a landscape architect for some park projects t
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Ceres . SOQ On-Call General Civil Engineering (isonberrO ITEM 9
-1-

MASTER AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES FOR

CAPITAL PROJECTS
THIS
AGREEMENT is made this __14__ day of ___July___, 2025, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and GDR ENGINEERING INC., a professional consulting firm, hereinafter referred to as "CONSULTANT".

RECITALS:

B. CONSULTANT was one of the professional consulting firms selected by the CITY.

3. COMPLIANCE WITH LAW
CONSULTANT shall use due professional care to provide that services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes,

ATTACHMENT D
ITEM 9
-2-
rules, and regulations of the CITY and any Federal, State, or local governmental agency having j
urisdiction in effect at the time service is rendered.

9. COMMENCEMENT OF SERVICES
CONSULTANT shall not undertake any work or incur any costs whatsoever under any Project Agreement except upon the prior receipt of a fully executed Purchase Order from the ITEM 9
-4-
Ceres Department of Finance. Any costs incurred by CONSULTANT prior to receipt of a p
urchase order shall be at CONSULTANT’S expense.

For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:

11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.

12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.

13. FORCE MAJEURE
The time period(s) specified in any Project Agreement for performance of the services rendered shall be extended because of any delays due to unforeseeable causes beyond the reasonable control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine ITEM 9
-5-
restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental a
gency, including the CITY, if the CONSULTANT shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay.

U
nless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of any Project Agreement.

No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.

Any use of the work product for other project(s) without specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT.

ITEM 9
-8-
21 . RECORDS
CONSULTANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by any Project Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records.

Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

As an independent contractor, CONSULTANT hereby indemnifies, defends and holds CITY harmless from any and all claims that may be made against CITY based upon any ITEM 9
-10-
contention by any third party that an employer-employee relationship exists by reason of this A
greement.

FOR CONSULTANT: Name: GDR Engineering Inc.

Address: 3525 Mitchell Road, Suite G
Ceres, CA 95307
Attention: Jason Chapman, PE, Principal
Phone: (209) 538-3360
FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia St.

Ceres, CA 95307
Attention: Michael R. Beltran II, PE, Director of Engineering Phone: (209) 538-5775

25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “A”.

Termination by CITY for Default of CONSULTANT
ITEM 9
-11-
Should CONSULTANT default in the performance of any Project Agreement or materially breach any of his provisions, at its option CITY may terminate any Project Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. Except for a material breach of any Project Agreement resulting from the CONSULTANT’S willful destruction of CITY'S property, dishonesty or theft, the CITY will give the CONSULTANT 30 days notice to correct failure to perform required services or default in performance prior to executing a written notice of termination.

ITEM 9
-12-
Voluntary Termination
Th
e parties may terminate any Agreement upon mutual written Agreement.

Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.

CONSULTANT'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by ITEM 9
-13-
any requirement in this Agreement for CONSULTANT to procure and maintain a policy of i
nsurance.

30. ENTIRE AGREEMENT
This Master Agreement, any Project Agreement, the Supplemental Agreement Provisions, and their respective exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Master Agreement and any Project Agreement which vary from any CONSULTANT'S proposal are controlling and are ITEM 9
-14-
deemed accepted by CONSULTANT upon commencement of performance hereunder. All p
revious proposals, offers and communications relative to this Master Agreement and any Project Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Master Agreement and any Project Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Master Agreement and any Project Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

34. GOVERNING LAW
This Master Agreement and any Project Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. The parties agree that as a condition precedent to the commencement of litigation under either the Master Agreement or any Project Agreement, they shall submit the matter to non-binding mediation administered by the American Arbitration Association under its construction industry mediation rules, unless waived by mutual stipulation of both parties. Legal ITEM 9
-15-
actions concerning any dispute, claim, or matter arising out of or in relation to said Agreements n
ot settled by mediation shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

36. HEADINGS NOT CONTROLLING
Headings used in this Master Agreement and any Project Agreement are for reference purposes only and shall not be considered in construing said Agreements.

37. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license, as required.

ITEM 9
ITEM 9
-17-
EX
HIBIT “A”

INSURANCE REQUIREMENTS FOR CONSULTANTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against c
laims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.

Minimum Scope of insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).

3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’S profession.

Minimum Limits of Insurance
CONSULTANT shall maintain limits no less than:

1. General Liability (Including operations, products and completed operations as applicable.):
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability
insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required
occurrence limit.

2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability:

ITEM 9
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$2
,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability:
$2,000,000 per claim and aggregate.

SPECIAL SITUATIONS/CLAIMS HANDLING PROCEDURES
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the consultant shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, clam administration and defense expenses.

Other Insurance Provision
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

2. For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees.

Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:

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

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

ITEM 9
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3. If coverage is canceled or non-renewed, and not replaced with another claims- m
ade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of contract work.

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

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
CONSULTANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Waiver of Subrogation
CONSULTANT hereby agrees to waive subrogation, which any insurer of contractor may acquire from vendor by virtue of the payment of any loss. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 1 of 34 ends

May 2023
Ex
hibit 10-R: AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid and State-Only Projects)

Page 2 of 34 ends

May 2023
ARTICLE XXXII TITLE VI ASSURANCES ........................................................................................... 33 ARTICLE XXXIII NOTIFICATION ........................................................................................................ 38 ARTICLE XXXIV CONTRACT ............................................................................................................. 38 ARTICLE XXXV SIGNATURES ........................................................................................................... 39 ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 3 of 34 ends

May 2023
AR

TICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

GDR ENGINEERING INC.

In
corporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be MIKE
SANCHEZ The name of the “LOCAL AGENCY” is as follows:

CITY OF CERES
Th
e Contract Administrator for LOCAL AGENCY will be MICHAEL R. BELTRAN II B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated May 2, 2025. The approved CONSULTANT’s Cost Proposal is attached hereto Attachment 1 and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 4 of 34 ends

May 2023
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are n
ot assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Provided in Attachment 2
B. Right of Way
Not Applicable to this Contract
C. Surveys
Not Applicable to this Contract
D. Subsurface Investigations
Provided in Attachment 2
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

Page 5 of 34 ends

May 2023
CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 6 of 34 ends

May 2023
C.

In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of 10%. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

CITY OF CERES
ATTN: MICHAEL R. BELTRAN II
2220 MAGNOLIA STREET, CERES, CA 95307
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $1,500,000.

ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 7 of 34 ends

May 2023
B.

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

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

ITEM 9
Local Assistance Procedures Manual Exhibit 10-R
Agreement Language

Page 8 of 34 ends

Ceres City CouncilJuly 14, 2025

Ceres City Council
July 14, 2025