Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
600.1110 EMP SRV Disability/Life Insurance 82 80 58 61 68 600.1120 EMP SRV Health/Dental/Vision Insurance 1,190 1,413 1,200 1,200 1,200 600.1130 EMP SRV Worker's Compensation - 363 354 354 785 600.1140 EMP SRV Unemployment Insurance - - 24 24 48
600.1170 EMP SRV Uniform Allowance - - 36 36 36
4,941 5,542 4,407 4,545 5,340
610.1040 SUPPLIES Repair & Maintenance Supplies - 119 - - - 620.1010 UTILITIES Electric - - 26 26 50
620.1030 UTILITIES Water 262 730 700 700 720
640.1010 SERVICES Professional & Technical 2,086 2,435 2,562 1,660 1,660 640.1020 SERVICES Contractual 1,812 1,812 1,950 1,820 1,900 4,160 5,096 5,238 4,206 4,330
605.1010 ALLOC COSTS Liability Insurance - 209 214 214 204 605.1020 ALLOC COSTS Property & Fire Insurance - 128 106 106 118 605.1030 ALLOC COSTS Auto Insurance - - - - 95
605.1040 ALLOC COSTS Risk Management - 62 57 57 66
605.1080 ALLOC COSTS Interdepartment Overhead - - 1,496 1,496 253 - 399 1,873 1,873 736
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 3,333
9,101 11,038 11,518 10,624 13,739
600.1010 EMP SRV Regular Salaries 5,619 9,483 4,560 4,789 5,347 600.1015 EMP SRV Buy back Salaries 302 486 - - -
600.1020 EMP SRV Part Time Salaries - 193 - - -
600.1030 EMP SRV Overtime 7 51 - - -
600.1080 EMP SRV PERS 441 738 363 381 424
600.1081 EMP SRV PERS Unfunded Liability 294 681 22 23 24 600.1100 EMP SRV Medicare 83 137 67 70 79
600.1110 EMP SRV Disability/Life Insurance 153 256 106 112 125 600.1120 EMP SRV Health/Dental/Vision Insurance 2,491 3,880 2,200 2,200 2,200 600.1130 EMP SRV Worker's Compensation - 647 649 649 1,440 600.1140 EMP SRV Unemployment Insurance - 47 43 43 87
600.1170 EMP SRV Uniform Allowance - - 66 66 66
9,390 16,599 8,076 8,333 9,792
610.1040 SUPPLIES Repair & Maintenance Supplies 6 - 33 33 35 620.1030 UTILITIES Water 1,157 1,884 2,800 2,000 2,000
640.1010 SERVICES Professional & Technical 2,086 2,435 2,562 1,670 1,670 640.1020 SERVICES Contractual 15,316 6,816 7,500 7,500 10,000 18,565 11,135 12,895 11,203 13,705
605.1010 ALLOC COSTS Liability Insurance - 400 392 392 374 605.1020 ALLOC COSTS Property & Fire Insurance - 245 195 195 216 605.1030 ALLOC COSTS Auto Insurance - - - - 174
605.1040 ALLOC COSTS Risk Management - 118 105 105 120
605.1080 ALLOC COSTS Interdepartment Overhead - - 3,234 3,234 1,574 - 763 3,926 3,926 2,458
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 3,333
27,955 28,498 24,897 23,462 29,288
600.1010 EMP SRV Regular Salaries 4,409 6,590 9,015 9,467 12,686 600.1015 EMP SRV Buy back Salaries 302 - - - -
600.1020 EMP SRV Part Time Salaries - 309 - - -
600.1030 EMP SRV Overtime 7 44 - - -
600.1080 EMP SRV PERS 349 552 718 754 1,130
600.1081 EMP SRV PERS Unfunded Liability 294 1,065 43 45 929 600.1100 EMP SRV Medicare 66 88 132 139 186
600.1110 EMP SRV Disability/Life Insurance 123 197 210 220 295 600.1120 EMP SRV Health/Dental/Vision Insurance 1,934 2,528 4,000 4,000 5,000 600.1130 EMP SRV Worker's Compensation - 515 1,252 1,252 2,762 600.1140 EMP SRV Unemployment Insurance - 37 83 83 168
600.1170 EMP SRV Uniform Allowance - - 120 120 150
7,483 11,925 15,573 16,080 23,306
640.1010 SERVICES Professional & Technical 2,086 2,435 2,562 1,660 1,660 640.1020 SERVICES Contractual 5,100 - - 4,000 4,000
Account Classification Total: Employee Service - Employee Services M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Division Total: 291 - Laurabrook
Division: 292 - Quail Run South
M & O - Maintenance and Operations
Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Division Total: 292 - Quail Run South
Division: 293 - Tierra Vista II
Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services 74
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
7,186 2,435 2,562 5,660 5,660
605.1010 ALLOC COSTS Liability Insurance - 318 755 755 717 605.1020 ALLOC COSTS Property & Fire Insurance - 195 375 375 414 605.1030 ALLOC COSTS Auto Insurance - - - - 335
605.1040 ALLOC COSTS Risk Management - 94 202 202 231
605.1080 ALLOC COSTS Interdepartment Overhead - - 2,701 2,701 2,295 - 607 4,033 4,033 3,992
730.1040 CAPITAL OUTLAY Vehicles - - - - 6,000
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 9,333
14,669 14,968 22,168 25,773 42,291
600.1010 EMP SRV Regular Salaries 4,815 8,659 9,226 9,601 13,200 600.1015 EMP SRV Buy back Salaries 302 492 - - -
600.1020 EMP SRV Part Time Salaries - 193 - - -
600.1030 EMP SRV Overtime 7 46 - - -
600.1080 EMP SRV PERS 380 675 934 974 1,401
600.1081 EMP SRV PERS Unfunded Liability 294 679 44 46 932 600.1100 EMP SRV Medicare 72 126 136 141 194
600.1110 EMP SRV Disability/Life Insurance 133 235 215 224 307 600.1120 EMP SRV Health/Dental/Vision Insurance 2,119 3,476 4,000 4,000 5,000 600.1130 EMP SRV Worker's Compensation - 559 1,290 1,290 2,902 600.1140 EMP SRV Unemployment Insurance - 41 86 86 176
600.1170 EMP SRV Uniform Allowance - - 120 120 150
8,122 15,182 16,051 16,482 24,262
610.1040 SUPPLIES Repair & Maintenance Supplies - - 171 171 180 620.1010 UTILITIES Electric 743 813 900 900 950
620.1030 UTILITIES Water 873 2,044 2,300 2,000 2,000
640.1010 SERVICES Professional & Technical 2,086 2,454 2,583 1,680 1,680 640.1020 SERVICES Contractual 3,420 3,420 3,600 5,920 6,500 7,121 8,730 9,554 10,671 11,310
605.1010 ALLOC COSTS Liability Insurance - 801 779 779 754 605.1020 ALLOC COSTS Property & Fire Insurance - 489 387 387 435 605.1030 ALLOC COSTS Auto Insurance - - - - 352
605.1040 ALLOC COSTS Risk Management - 236 208 208 243
605.1080 ALLOC COSTS Interdepartment Overhead - - 4,028 4,028 3,160 - 1,526 5,402 5,402 4,944
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 3,333
15,243 25,438 31,007 32,555 43,849
600.1010 EMP SRV Regular Salaries 6,418 8,703 8,374 8,707 27,815 600.1015 EMP SRV Buy back Salaries 302 - - - -
600.1020 EMP SRV Part Time Salaries - 309 - - -
600.1030 EMP SRV Overtime 7 56 - - -
600.1080 EMP SRV PERS 502 708 667 974 3,196
600.1081 EMP SRV PERS Unfunded Liability 294 1,071 40 46 7,113 600.1100 EMP SRV Medicare 94 118 123 141 409
600.1110 EMP SRV Disability/Life Insurance 173 249 195 224 648 600.1120 EMP SRV Health/Dental/Vision Insurance 2,862 3,538 4,000 4,000 12,000 600.1130 EMP SRV Worker's Compensation - 736 1,188 1,188 2,675 600.1140 EMP SRV Unemployment Insurance - 53 79 79 162
600.1170 EMP SRV Uniform Allowance - - 120 120 360
10,653 15,541 14,786 15,479 54,378
620.1010 UTILITIES Electric - 2,084 - 650 650
620.1030 UTILITIES Water 326 264 435 400 400
640.1010 SERVICES Professional & Technical 2,164 3,221 3,381 3,320 3,320 640.1020 SERVICES Contractual - - - 7,000 7,000
2,490 5,569 3,816 11,370 11,370
605.1010 ALLOC COSTS Liability Insurance - - 717 717 695 605.1020 ALLOC COSTS Property & Fire Insurance - - 356 356 401 605.1030 ALLOC COSTS Auto Insurance - - - - 324
605.1040 ALLOC COSTS Risk Management - - 192 192 224
605.1080 ALLOC COSTS Interdepartment Overhead - - 2,966 2,966 5,986 - - 4,231 4,231 7,630
Account Classification Total: M & O - Maintenance and Operations Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Division Total: 294 - Autumn Gate I
Division: 295 - Autumn Gate II & III
Division Total: 293 - Tierra Vista II
Division: 294 - Autumn Gate I
Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs 75
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
730.1040 CAPITAL OUTLAY Vehicles - - - - 19,000
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 22,333
13,143 21,110 22,833 31,080 95,711
600.1010 EMP SRV Regular Salaries - - - - 20,025
600.1080 EMP SRV PERS - - - - 2,701
600.1081 EMP SRV PERS Unfunded Liability - - - - 7,952
600.1100 EMP SRV Medicare - - - - 294
600.1110 EMP SRV Disability/Life Insurance - - - - 467
600.1120 EMP SRV Health/Dental/Vision Insurance - - - - 9,000 600.1170 EMP SRV Uniform Allowance - - - - 270
- - - - 40,709
620.1010 UTILITIES Electric - 14 - 75 75
620.1030 UTILITIES Water - 71 - 4,200 4,200
640.1010 SERVICES Professional & Technical - 786 2,562 1,660 1,660 - 871 2,562 5,935 5,935
605.1080 ALLOC COSTS Interdepartment Overhead - - - - 4,022 - - - - 4,022
730.1040 CAPITAL OUTLAY Vehicles - - - - 12,500
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 15,833
- 871 2,562 5,935 66,499
620.1010 UTILITIES Electric - - - - 100
620.1030 UTILITIES Water - - - - 100
640.1010 SERVICES Professional & Technical - 786 2,562 1,660 1,660 - 786 2,562 1,660 1,860
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 3,333
- 786 2,562 1,660 5,193
600.1010 EMP SRV Regular Salaries - - - - 2,225
600.1080 EMP SRV PERS - - - - 300
600.1081 EMP SRV PERS Unfunded Liability - - - - 884
600.1100 EMP SRV Medicare - - - - 33
600.1110 EMP SRV Disability/Life Insurance - - - - 52
600.1120 EMP SRV Health/Dental/Vision Insurance - - - - 1,000 600.1170 EMP SRV Uniform Allowance - - - - 30
- - - - 4,524
620.1010 UTILITIES Electric - - - - 100
620.1030 UTILITIES Water - - - - 100
640.1010 SERVICES Professional & Technical - 36 1,281 1,281 1,690 - 36 1,281 1,281 1,890
605.1080 ALLOC COSTS Interdepartment Overhead - - - - 2,315 - - - - 2,315
730.1040 CAPITAL OUTLAY Vehicles - - - - 12,500
730.1100 CAPITAL OUTLAY IT Functionality - - - - 3,333
- - - - 15,833
- 36 1,281 1,281 24,562
80,111 102,744 118,828 132,370 321,132
80,111 102,744 118,828 132,370 321,132
120,973 147,306 144,469 159,582 163,890
80,111 102,744 118,828 132,370 321,132
40,862 44,561 25,641 27,212 (157,242)
16,273,355 14,462,349 14,372,057 17,657,628 12,854,282
14,256,906 12,002,600 15,671,294 18,735,495 16,126,488
2,016,449 2,459,749 (1,299,237) (1,077,867) (3,272,206) Minus One Time Revenues and Expenses
16,273,355 14,462,349 14,372,057 17,657,628 12,854,282
7,059,613 9,289,832 13,521,134 18,735,495 15,640,388
Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Division Total: 295 - Autumn Gate II & III
Division: 296 - Montebella
Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services Division Total: 296 - Montebella
Division: 297 - Vineyard Estates
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Division Total: 298 - Montebella II
Department Total: 20 - Administration
Division Total: 297 - Vineyard Estates
Division: 298 - Montebella II
Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Grand Totals:
REVENUE GRAND Totals:
EXPENSE GRAND Totals:
EXPENSES Total
Fund REVENUE Total: 505 - Community Facilities Districts Fund EXPENSE Total: 505 - Community Facilities Districts Fund Total: 505 - Community Facilities Districts
REVENUE GRAND Totals:
EXPENSE GRAND Totals:
76
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
Grand Totals: 9,213,742 5,172,517 850,923 (1,077,867) (2,786,106) 77
78
INTERNAL SERVICE FUNDS
Internal Service Funds serve funds within the City. Revenues for this fund are transferred or allocated from the other funds of the City. Revenues from without side the City are not typically found in these funds. The Internal Service Funds include the following and divisions:
111-Insurance Risk Fund ................................................................................................................80 112 –Health Fund ...........................................................................................................................80 122 – Equipment Replacement Fund *new in 19-20.....................................................................81 215 - Fleet Maintenance Fund .......................................................................................................81 216 - Property & Facility Maintenance Fund .................................................................................82 79
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
412.1000 USE OF MONEY & PROP Investment Earnings 23,456 23,709 12,000 15,000 10,000 23,456 23,709 12,000 15,000 10,000
414.1050 MISC Liability Insurance Receipts 598,507 712,396 882,500 880,000 900,000 414.1060 MISC Auto Insurance Receipts 109,723 93,719 164,205 150,000 175,000 414.1070 MISC Fire/Property Insurance Receipts 324,091 435,000 438,300 438,300 520,000 414.1080 MISC Risk Management Receipts 199,998 209,998 236,000 230,000 290,000 414.1090 MISC LTD/Life Insurance Receipts 260,278 269,505 280,000 280,000 280,000 414.1100 MISC Unemployment Insurance Receipts 57,298 58,416 55,000 55,000 55,000 414.1110 MISC Worker's Comp Insurance Receipts 969,802 1,036,437 1,121,850 1,121,850 1,200,000 2,519,697 2,815,471 3,177,855 3,155,150 3,420,000
2,543,153 2,839,179 3,189,855 3,170,150 3,430,000
600.1010 EMP SRV Regular Salaries 140,254 92,484 134,275 164,732 168,449 600.1015 EMP SRV Buy back Salaries 5,295 5,884 4,453 5,233 5,229 600.1080 EMP SRV PERS 16,582 17,096 17,812 20,913 21,547 600.1081 EMP SRV PERS Unfunded Liability 27,014 41,708 52,401 61,572 60,160 600.1100 EMP SRV Medicare 1,933 1,981 1,978 2,323 2,374 600.1110 EMP SRV Disability/Life Insurance 3,096 3,130 3,137 3,685 3,766 600.1120 EMP SRV Health/Dental/Vision Insurance 22,259 21,602 21,400 21,400 23,400 600.1180 EMP SRV OPEB GASB 75 (14,446) (17,898) - - -
600.1185 EMP SRV PENSION GASB 68 11,285 32,414 - - -
600.1190 EMP SRV Stipends - - - - 316
600.1220 EMP SRV Safety Program 157 562 1,000 1,000 1,000 600.1230 EMP SRV EAP (Risk Management) 3,277 3,302 - 3,586 3,700 216,706 202,265 236,456 284,444 289,941
610.1010 SUPPLIES Office Supplies 447 1 500 500 500
610.1060 SUPPLIES Safety Equipment & Supplies - - 200 200 200 640.1010 SERVICES Professional & Technical 1,000 853 2,000 1,500 1,500 640.1020 SERVICES Contractual 25,543 25,530 26,500 26,000 26,000 660.1020 INSURANCE Health Self-Insurance Claims 7,255 9,200 - 11,917 12,000 660.1030 INSURANCE Disability & Life Insurance 136,352 143,443 280,000 180,000 180,000 660.1040 INSURANCE Auto Insurance 110,053 128,983 164,205 141,404 175,000 660.1050 INSURANCE Liabiltity Insurance-JPA contrac 470,001 711,243 882,500 841,868 929,650 660.1070 INSURANCE Fire Insurance 441,750 436,922 438,300 580,000 580,000 660.1080 INSURANCE Unemployment Insurance 22,477 18,146 55,000 40,000 55,000 670.1040 MAINTENANCE Vehicle Maintenance 635 674 632 800 840 690.1050 SPC DEPT EXP Rental 322 165 250 300 300
690.1310 SPC DEPT EXP Worker's Comp - JPA 991,712 1,006,940 1,121,850 1,113,784 1,311,948 2,207,547 2,482,101 2,971,937 2,938,273 3,272,938
710.1001 PRINCIPAL Copiers 750 750 750 750 750
750 750 750 750 750
900.101 TRSF OUT General Fund - - 1,546 1,546 -
900.122 TRSF OUT Equipment Replacement 1,406 1,329 1,329 1,329 1,837 1,406 1,329 2,875 2,875 1,837
2,426,408 2,686,445 3,212,018 3,226,342 3,565,466
2,426,408 2,686,445 3,212,018 3,226,342 3,565,466
2,426,408 2,686,445 3,212,018 3,226,342 3,565,466
2,543,153 2,839,179 3,189,855 3,170,150 3,430,000
2,426,408 2,686,445 3,212,018 3,226,342 3,565,466
116,745 152,735 (22,163) (56,192) (135,466)
412.1000 USE OF MONEY & PROP Investment Earnings 111,779 94,630 100,000 80,000 80,000 111,779 94,630 100,000 80,000 80,000
414.1120 MISC Health Insurance Receipts 2,933,112 3,018,622 3,080,000 3,080,000 3,100,000 414.1130 MISC COBRA Insurance (Employee) 20,954 28,191 20,000 20,000 20,000 414.1150 MISC Retiree Health 248,870 260,029 230,000 240,000 250,000 3,202,936 3,306,842 3,330,000 3,340,000 3,370,000
3,314,715 3,401,472 3,430,000 3,420,000 3,450,000
Fund: 111 - Risk Management
REVENUES
Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Principal Pymts - Principal Payments
Account Classification Total: Principal Pymts - Principal Payments Miscellaneous - Miscellaneous
Account Classification Total: Miscellaneous - Miscellaneous REVENUES Total
EXPENSES
Department: 20 - Administration
Division: 000 - Non-divisional
Fund EXPENSE Total: 111 - Risk Management
Fund Total: 111 - Risk Management
Fund: 112 - Health Insurance
REVENUES
Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Transfer - Transfer
Account Classification Total: Transfer - Transfer
Division Total: 000 - Non-divisional
Department Total: 20 - Administration
EXPENSES Total
Fund REVENUE Total: 111 - Risk Management
Miscellaneous - Miscellaneous
Account Classification Total: Miscellaneous - Miscellaneous REVENUES Total
EXPENSES
Department: 20 - Administration
Division: 000 - Non-divisional
80
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
660.1100 INSURANCE Vision & Dental Admin 263,253 262,530 280,000 280,000 280,000 660.1110 INSURANCE Medical Ins Claim 1,302,158 715,915 1,500,000 2,000,000 2,000,000 660.1115 INSURANCE Medical Ins Prescription 412,320 412,806 500,000 450,000 450,000 660.1120 INSURANCE Medical Ins Admin 912,051 908,931 850,000 1,040,000 1,000,000 660.1125 INSURANCE Retiree Claims 430,618 149,838 250,000 490,000 420,000 660.1130 INSURANCE Retiree Prescription 100,444 106,534 140,000 140,000 140,000 660.1135 INSURANCE Medicare Supplement - Medical 61,847 162,951 62,000 62,000 65,000 660.1140 INSURANCE Medicare Supplement - RX 33,743 48,773 40,000 40,000 40,000 3,516,434 2,768,279 3,622,000 4,502,000 4,395,000
3,516,434 2,768,279 3,622,000 4,502,000 4,395,000
3,516,434 2,768,279 3,622,000 4,502,000 4,395,000
3,516,434 2,768,279 3,622,000 4,502,000 4,395,000
3,314,715 3,401,472 3,430,000 3,420,000 3,450,000
3,516,434 2,768,279 3,622,000 4,502,000 4,395,000
(201,719) 633,194 (192,000) (1,082,000) (945,000)
800.101 TRSF IN General Fund 46,562 43,996 43,996 43,996 60,822 800.111 TRSF IN Insurance 1,406 1,329 1,329 1,329 1,837 800.202 TRSF IN Gas Tax 873 825 825 825 1,140
800.203 TRSF IN Transportation 873 825 825 825 1,140
800.215 TRSF IN Fleet Maintenance 2,473 2,337 2,337 2,337 3,230 800.216 TRSF IN Property Maintenance 1,406 1,329 1,329 1,329 1,837 800.230 TRSF IN Water 3,715 3,511 3,511 3,511 4,853
800.231 TRSF IN Sewer 5,316 5,023 5,023 5,023 6,943
800.232 TRSF IN Disposal 3,182 3,007 3,007 3,007 4,157
800.234 TRSF IN CNG 873 - - - -
800.320 TRSF IN Ambulance 7,240 9,019 9,019 9,019 11,665 73,919 71,201 71,201 71,201 97,624
73,919 71,201 71,201 71,201 97,624
610.1020 SUPPLIES Operating Supplies 12,594 6,059 26,000 26,000 26,702 670.1010 MAINTENANCE Repair & Maintenance - 10,171 6,000 6,000 6,162 690.1010 SPC DEPT EXP Due & Subscriptions - Oth - 266 6,000 6,000 37,662 12,594 16,496 38,000 38,000 70,526
710.2067 PRINCIPAL Dell - - 30,000 - -
- - 30,000 - -
720.2067 INTEREST Dell 1,321 68 1,100 - -
1,321 68 1,100 - -
730.1100 CAPITAL OUTLAY IT Functionality - - - 31,100 25,000 - - - 31,100 25,000
13,915 16,564 69,100 69,100 95,526
13,915 16,564 69,100 69,100 95,526
13,915 16,564 69,100 69,100 95,526
73,919 71,201 71,201 71,201 97,624
13,915 16,564 69,100 69,100 95,526
60,004 54,637 2,101 2,101 2,098
412.1000 USE OF MONEY & PROP Investment Earnings 1,311 1,584 - 1,000 50 1,311 1,584 - 1,000 50
501.1150 OVERHEAD Fleet Maintenance 465,940 515,002 512,550 620,244 643,193 465,940 515,002 512,550 620,244 643,193
800.101 TRSF IN General Fund - - - - 12,000
800.230 TRSF IN Water - - - - 12,000
800.231 TRSF IN Sewer - - - - 12,000
800.232 TRSF IN Disposal - - - - 12,000
800.320 TRSF IN Ambulance - - - - 12,000
- - - - 60,000
467,251 516,586 512,550 621,244 703,243
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Division Total: 000 - Non-divisional
Department Total: 20 - Administration
EXPENSES Total
Fund REVENUE Total: 112 - Health Insurance
REVENUES Total
EXPENSES
Department: 20 - Administration
Division: 000 - Non-divisional
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Fund EXPENSE Total: 112 - Health Insurance
Fund Total: 112 - Health Insurance
Fund: 122 - Technology Replacement
REVENUES
Transfers - Transfers
Account Classification Total: Transfers - Transfers
Division Total: 000 - Non-divisional
Department Total: 20 - Administration
EXPENSES Total
Fund REVENUE Total: 122 - Technology Replacement
Fund EXPENSE Total: 122 - Technology Replacement
Fund Total: 122 - Technology Replacement
Principal Pymts - Principal Payments
Account Classification Total: Principal Pymts - Principal Payments Interest Pymts - Interest Payments
Account Classification Total: Interest Pymts - Interest Payments Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Transfers - Transfers
Account Classification Total: Transfers - Transfers
REVENUES Total
EXPENSES
Department: 70 - Public Works
Fund: 215 - Fleet Maintenance
REVENUES
Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Miscellaneous - Miscellaneous
Account Classification Total: Miscellaneous - Miscellaneous 81
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
600.1010 EMP SRV Regular Salaries 123,133 129,948 139,984 147,414 158,344 600.1015 EMP SRV Buy back Salaries 1,086 267 4,291 4,414 4,769 600.1030 EMP SRV Overtime 6,934 4,644 5,000 5,000 5,000 600.1050 EMP SRV Standby 1,533 2,425 2,000 2,000 2,000
600.1080 EMP SRV PERS 9,078 11,085 11,572 11,997 12,812 600.1081 EMP SRV PERS Unfunded Liability - 2,713 3,773 4,352 4,160 600.1100 EMP SRV Medicare 1,810 2,090 2,049 2,113 2,268 600.1110 EMP SRV Disability/Life Insurance 2,628 3,159 3,251 3,352 3,598 600.1120 EMP SRV Health/Dental/Vision Insurance 39,913 41,927 41,600 41,600 41,600 600.1130 EMP SRV Worker's Compensation 9,071 9,689 10,255 10,255 10,878 600.1140 EMP SRV Unemployment Insurance 683 703 683 683 660 600.1170 EMP SRV Uniform Allowance 4,780 3,662 5,059 5,059 5,059 600.1180 EMP SRV OPEB GASB 75 (17,101) (21,189) - - -
600.1185 EMP SRV PENSION GASB 68 2,620 7,526 - - -
186,167 198,649 229,517 238,239 251,148
610.1010 SUPPLIES Office Supplies 699 112 1,530 1,530 1,000 610.1011 SUPPLIES SB 1383 Supplies - - - - 561
610.1020 SUPPLIES Operating Supplies 3,369 8,382 5,152 5,152 5,255 610.1030 SUPPLIES Lubricant & Fuels 4,595 2,235 10,200 10,200 10,404 610.1040 SUPPLIES Repair & Maintenance Supplies 927 1,774 8,160 8,160 8,323 610.1050 SUPPLIES Small Tools 852 - 4,590 4,590 4,682
610.1060 SUPPLIES Safety Equipment & Supplies - - 510 510 520 620.1010 UTILITIES Electric 10,074 7,340 15,198 15,198 15,502 620.1020 UTILITIES Gas 233 203 408 408 416
630.1010 COMMUNICATION Telephone 420 397 816 816 832
630.1020 COMMUNICATION Cellphone 833 848 1,253 1,253 1,278 630.1040 COMMUNICATION Postage 38 19 306 306 312
640.1020 SERVICES Contractual 2,413 3,304 7,825 7,825 7,982 650.1010 TRAINING Travel & Conference - 685 1,020 1,020 1,040 650.1020 TRAINING Training & Vocational - - 541 541 552 670.1030 MAINTENANCE Equipment Maintenance 791 823 1,020 1,020 1,040 670.1040 MAINTENANCE Vehicle Maintenance 190,653 213,562 177,480 276,460 281,816 690.1010 SPC DEPT EXP Due & Subscriptions - Oth 15 230 541 541 552 215,911 239,914 236,550 335,530 342,067
605.1010 ALLOC COSTS Liability Insurance 8,439 9,998 13,122 13,122 12,868 605.1020 ALLOC COSTS Property & Fire Insurance 4,290 6,105 6,517 6,517 7,435 605.1030 ALLOC COSTS Auto Insurance 1,065 1,065 1,335 1,335 1,280 605.1040 ALLOC COSTS Risk Management 2,813 2,947 3,509 3,509 4,146 605.1060 ALLOC COSTS Custodian 2,152 1,837 2,364 2,364 2,435 605.1170 ALLOC COSTS Property Maintenance 2,456 3,018 2,634 3,299 3,092 21,215 24,970 29,481 30,146 31,256
730.1070 CAPITAL OUTLAY Machinery and Equipment - - - - 60,000 - - - - 60,000
900.122 TRSF OUT Equipment Replacement 2,473 2,337 2,337 2,337 3,230 900.185 TRSF OUT Financing Authority Debt Service 13,036 13,831 14,665 14,665 15,542 900.216 TRSF OUT Property Maintenance - 2,410 - - -
15,509 18,578 17,002 17,002 18,772
438,803 482,111 512,550 620,917 703,243
438,803 482,111 512,550 620,917 703,243
438,803 482,111 512,550 620,917 703,243
467,251 516,586 512,550 621,244 703,243
438,803 482,111 512,550 620,917 703,243
28,449 34,475 - 327 -
412.1000 USE OF MONEY & PROP Investment Earnings 3,007 1,178 - 500 50 3,007 1,178 - 500 50
414.1010 MISC Other Miscellaneous Revenue 2,700 262 - - - 501.1160 OVERHEAD Property Maintenance 215,000 264,181 230,538 306,206 269,690 501.1190 OVERHEAD Custodial 140,000 126,027 162,251 162,251 167,119 357,700 390,470 392,789 468,457 436,809
800.101 TRSF IN General Fund - 6,837 - - -
800.202 TRSF IN Gas Tax - 1,854 - - -
800.203 TRSF IN Transportation - 5,910 - - -
800.215 TRSF IN Fleet Maintenance - 2,410 - - -
Division: 710 - Fleet
Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay Transfer - Transfer
Account Classification Total: Transfer - Transfer
Division Total: 710 - Fleet
Department Total: 70 - Public Works
Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Miscellaneous - Miscellaneous
Account Classification Total: Miscellaneous - Miscellaneous Transfers - Transfers
EXPENSES Total
Fund REVENUE Total: 215 - Fleet Maintenance
Fund EXPENSE Total: 215 - Fleet Maintenance
Fund Total: 215 - Fleet Maintenance
Fund: 216 - Property & Facility Maintenance
REVENUES
82
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
800.230 TRSF IN Water - 11,067 - - -
800.231 TRSF IN Sewer - 522 - - -
800.232 TRSF IN Disposal - 1,159 - - -
- 29,759 - - -
360,707 421,406 392,789 468,957 436,859
600.1010 EMP SRV Regular Salaries 52,939 61,928 59,632 61,155 66,706 600.1015 EMP SRV Buy back Salaries 1,013 234 319 377 386 600.1020 EMP SRV Part Time Salaries 13,663 - - - -
600.1030 EMP SRV Overtime 1,250 537 - - -
600.1080 EMP SRV PERS 7,089 8,106 8,056 8,220 8,957
600.1081 EMP SRV PERS Unfunded Liability 19,560 19,266 25,173 25,667 26,227 600.1090 EMP SRV Social Security 847 - - - -
600.1100 EMP SRV Medicare 966 866 875 893 973
600.1110 EMP SRV Disability/Life Insurance 1,230 1,379 1,388 1,417 1,544 600.1120 EMP SRV Health/Dental/Vision Insurance 21,007 21,545 21,400 21,400 21,400 600.1130 EMP SRV Worker's Compensation 8,259 9,643 5,276 5,276 5,596 600.1140 EMP SRV Unemployment Insurance 622 700 352 352 339 600.1170 EMP SRV Uniform Allowance 2,236 2,216 3,475 3,475 3,475 600.1185 EMP SRV PENSION GASB 68 4,241 12,181 - - -
134,922 138,601 125,946 128,232 135,603
610.1010 SUPPLIES Office Supplies 220 239 204 204 160
610.1011 SUPPLIES SB 1383 Supplies - - - - 50
610.1020 SUPPLIES Operating Supplies 12,034 7,108 5,100 4,100 4,223 610.1030 SUPPLIES Lubricant & Fuels 3,069 1,657 7,140 7,140 7,354 610.1040 SUPPLIES Repair & Maintenance Supplies 42,678 92,771 60,180 82,760 61,985 610.1050 SUPPLIES Small Tools - - - 1,000 1,030
630.1020 COMMUNICATION Cellphone 232 451 1,197 1,197 1,233 630.1040 COMMUNICATION Postage 2 1 51 51 53
640.1020 SERVICES Contractual 10,159 11,865 10,404 10,404 10,716 650.1020 TRAINING Training & Vocational - - 750 750 773 670.1030 MAINTENANCE Equipment Maintenance 6,132 2,430 5,610 5,610 5,778 690.1010 SPC DEPT EXP Due & Subscriptions - Oth 18 1,040 1,061 1,061 1,093 74,544 117,563 91,697 114,277 94,448
605.1010 ALLOC COSTS Liability Insurance 6,570 8,697 6,649 6,649 6,487 605.1020 ALLOC COSTS Property & Fire Insurance 3,340 5,310 3,302 3,302 3,748 605.1030 ALLOC COSTS Auto Insurance 2,150 2,130 2,670 2,670 2,560 605.1040 ALLOC COSTS Risk Management 2,190 2,564 1,778 1,778 2,090 14,250 18,701 14,399 14,399 14,885
730.1040 CAPITAL OUTLAY Vehicles - - - 50,065 -
730.1100 CAPITAL OUTLAY IT Functionality - 31,000 - - - - 31,000 - 50,065 -
900.122 TRSF OUT Equipment Replacement 1,406 1,329 1,329 1,329 1,837 1,406 1,329 1,329 1,329 1,837
225,122 307,193 233,371 308,302 246,773
610.1010 SUPPLIES Office Supplies - - 102 102 55
610.1011 SUPPLIES SB 1383 Supplies - - - - 50
610.1020 SUPPLIES Operating Supplies 18,698 1,769 17,220 17,220 17,737 630.1010 COMMUNICATION Telephone 216 - - - -
640.1020 SERVICES Contractual 119,535 124,258 142,096 144,929 149,277 138,448 126,027 159,418 162,251 167,119
138,448 126,027 159,418 162,251 167,119
363,570 433,220 392,789 470,553 413,892
363,570 433,220 392,789 470,553 413,892
360,707 421,406 392,789 468,957 436,859
363,570 433,220 392,789 470,553 413,892
(2,863) (11,814) - (1,596) 22,967
6,759,746 7,249,845 7,596,395 7,751,552 8,117,726
6,759,130 6,386,618 7,808,457 8,888,912 9,173,127
616 863,227 (212,062) (1,137,360) (1,055,401)
Minus One Time Revenues and Expenses
6,759,746 7,249,845 7,596,395 7,751,552 8,032,726
6,759,130 6,347,155 7,808,457 8,838,847 9,088,127
Account Classification Total: Transfers - Transfers
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Allocated Costs - Allocated Costs
Account Classification Total: Allocated Costs - Allocated Costs Capital Outlay - Capital Outlay
Account Classification Total: Capital Outlay - Capital Outlay REVENUES Total
EXPENSES
Department: 70 - Public Works
Division: 711 - Property Services
Employee Service - Employee Services
Account Classification Total: Employee Service - Employee Services Division Total: 723 - Custodial Services
Department Total: 70 - Public Works
EXPENSES Total
Fund REVENUE Total: 216 - Property & Facility Maintenance Fund EXPENSE Total: 216 - Property & Facility Maintenance Fund Total: 216 - Property & Facility Maintenance
Transfer - Transfer
Account Classification Total: Transfer - Transfer
Division Total: 711 - Property Services
Division: 723 - Custodial Services
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations REVENUE GRAND Totals:
EXPENSE GRAND Totals:
Grand Totals:
REVENUE GRAND Totals:
EXPENSE GRAND Totals: 83
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
Grand Totals: 616 902,690 (212,062) (1,087,295) (1,055,401) 84
CAPITAL PROJECTS FUNDS
Capital projects funds are used to budget for the maintenance, repair and replacement of capital facilities. Capital project revenues may come from transfer from operating funds or from grant funds.
The Capital Projects Funds include the following and divisions:
260 - Transportation Capital Projects ............................................................................................86 261 - Water Capital Projects .......................................................................................................... 86 262 - Sewer Capital Projects .......................................................................................................... 87 263 - MTBE Fund ............................................................................................................................87 264 - DBCP Fund ............................................................................................................................87 265 - Facilities Capital Projects ...................................................................................................... 88 85
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
412.1000 USE OF MONEY & PROP Investment Earnings 1,681 1,026 500 500 500 1,681 1,026 500 500 500
413.1040 INTERGOVT Tulare County Receipts 310,451 - - - - 413.1050 INTERGOVT CMAQ Grant 199,425 1,900,575 - - 6,394,000 413.1060 INTERGOVT State Grants 16,185 - - - -
413.1420 INTERGOVT Measure R 1,282,968 541,708 12,026,180 4,896,155 1,704,284 413.1430 INTERGOVT HSIP Highway Safety Impr Program 1,168,993 675,956 873,157 645,161 795,174 413.1480 INTERGOVT TCAG Overall Work Plan (OWP) - 20,733 - 16,076 50,000 413.1550 INTERGOVT Safe Streets & Road 4 All (SS4A) - 271,021 73,664 56,794 - 413.1560 INTERGOVT Active Transportation Prog (ATP) 424,721 317,240 11,869,250 431,539 11,973,500 3,402,744 3,727,233 24,842,251 6,045,725 20,916,958
414.1010 MISC Other Miscellaneous Revenue - 9,654 - 35,115 - - 9,654 - 35,115 -
800.101 TRSF IN General Fund 3,438,632 74,000 - 667,020 795,174 800.105 TRSF IN American Rescue Plan Act 1,043,480 115,946 - - - 800.202 TRSF IN Gas Tax 147,230 - - - -
800.203 TRSF IN Transportation 343,197 85,000 185,000 - - 800.232 TRSF IN Disposal 75,000 75,000 75,000 67,790 170,483 800.252 TRSF IN Transportation Impact Fees 39,000 1,000,000 - - - 5,086,539 1,349,946 260,000 734,810 965,657
8,490,964 5,087,859 25,102,751 6,816,150 21,883,115
799.1100 MISCELLANEOUS Uncollectible Accounts Expense - - - - - - - - - -
680.1075 CAPITAL PROJECTS City Wide Street Improvement 3,139,920 - 50,000 - - 680.1076 CAPITAL PROJECTS City Sidewalk Improvement 64,624 4,975 52,439 52,439 - 680.1078 CAPITAL PROJECTS Roadway Segment Safety
Imprvment 2,157,585 141,820 - - -
680.1079 CAPITAL PROJECTS Alley Improvements 55,050 42,126 136,017 127,824 75,000 680.1080 CAPITAL PROJECTS Street Lights - - 35,000 - -
680.1105 CAPITAL PROJECTS ADA Ramp 66,365 55,600 54,758 54,758 - 680.1191 CAPITAL PROJECTS Analysis Program - 20,309 - 16,076 - 680.1260 CAPITAL PROJECTS Rail and Mass Transportation 5,989 - - - - 680.1263 CAPITAL PROJECTS Alta/Kamm Roundabout 1,844,308 2,894,891 - - - 680.1278 CAPITAL PROJECTS Nebraska & Crawford
Intersection 386,536 7,495 - - -
680.1280 CAPITAL PROJECTS Safe Streets & Road 4 All 16,534 315,937 93,004 97,529 - 680.1281 CAPITAL PROJECTS El Monte/Road 56 Roundabout 136,157 12,321 5,779,500 153,380 6,574,410 680.1286 CAPITAL PROJECTS ATP Bldg Dinuba's Active Transp 424,721 317,240 12,269,250 957,789 14,374,250 680.1287 CAPITAL PROJECTS HSIP Cycle 11 43,539 121,521 971,596 530,117 795,174 680.1292 CAPITAL PROJECTS Corridor Street Improvements 84,801 114,856 3,836,399 3,902,824 298,076 680.1296 CAPITAL PROJECTS Perry/El Monte Roundabout 15,917 414,023 3,308,860 486,055 54,006 680.9000 CAPITAL PROJECTS Other Projects - 59,250 - 35,115 - 8,442,046 4,522,363 26,586,823 6,413,906 22,170,916
900.265 TRSF OUT Facilities Capital Projects - 180,000 - - - - 180,000 - - -
8,442,046 4,702,363 26,586,823 6,413,906 22,170,916
8,442,046 4,702,363 26,586,823 6,413,906 22,170,916
8,442,046 4,702,363 26,586,823 6,413,906 22,170,916
8,490,964 5,087,859 25,102,751 6,816,150 21,883,115
8,442,046 4,702,363 26,586,823 6,413,906 22,170,916
48,917 385,496 (1,484,072) 402,244 (287,801)
412.1000 USE OF MONEY & PROP Investment Earnings - 1,637 100 7,000 500 - 1,637 100 7,000 500
413.1060 INTERGOVT State Grants - 950,000 12,011,819 - 2,590,000 - 950,000 12,011,819 - 2,590,000
Account Classification Total: Use of Money - Use of Money & Property Account Classification Total: Intergov - Intergovernmental Miscellaneous - Miscellaneous
Fund: 260 - Transportation Capital Projects
REVENUES
Division Total: 709 - Transportation
Department Total: 70 - Public Works
EXPENSES Total
Fund REVENUE Total: 260 - Transportation Capital Projects M & O - Maintenance and Operations
Account Classification Total: Capital Projects - Capital Projects Transfer - Transfer
Account Classification Total: Transfers - Transfers
REVENUES Total
EXPENSES
Division: 709 - Transportation
Use of Money - Use of Money & Property
Intergov - Intergovernmental
Account Classification Total: Miscellaneous - Miscellaneous Transfers - Transfers
Department: 70 - Public Works
Account Classification Total: M & O - Maintenance and Operations Capital Projects - Capital Projects
Account Classification Total: Transfer - Transfer
Account Classification Total: Intergov - Intergovernmental Fund EXPENSE Total: 260 - Transportation Capital Projects Fund: 261 - Water Capital Projects
REVENUES
Account Classification Total: Use of Money - Use of Money & Property Use of Money - Use of Money & Property
Intergov - Intergovernmental
Fund Total: 260 - Transportation Capital Projects
86
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
414.1010 MISC Other Miscellaneous Revenue - - - 7,330 - - - - 7,330 -
800.101 TRSF IN General Fund 18,891 - - 21,000 112,400
800.230 TRSF IN Water 135,269 - 2,110,000 729,430 542,774 800.250 TRSF IN Water Impact Fees 205,061 79,132 175,000 - 170,868 359,221 79,132 2,285,000 750,430 826,042
359,221 1,030,769 14,296,919 764,760 3,416,542
680.1156 CAPITAL PROJECTS Wells 21 94,154 692,946 2,317,199 - 3,134,357 680.1180 CAPITAL PROJECTS Community Water System
Improvem 73,372 18,921 1,160,000 111,079 -
680.1288 CAPITAL PROJECTS Whitney Water Main
Improvements - 2,900 500,000 604,433 -
680.1289 CAPITAL PROJECTS Parkway Water Main
Improvements - 2,312 650,000 - -
680.1290 CAPITAL PROJECTS Steel Pipe Replacement - - - - - 680.1294 CAPITAL PROJECTS Wellfield - - 10,561,819 - 500,000 680.9000 CAPITAL PROJECTS Other Projects - - - - 1,330,000 167,526 717,078 15,189,018 715,512 4,964,357
900.230 TRSF OUT Water - 627,039 - - -
- 627,039 - - -
167,526 1,344,117 15,189,018 715,512 4,964,357
167,526 1,344,117 15,189,018 715,512 4,964,357
167,526 1,344,117 15,189,018 715,512 4,964,357
359,221 1,030,769 14,296,919 764,760 3,416,542
167,526 1,344,117 15,189,018 715,512 4,964,357
191,695 (313,348) (892,099) 49,248 (1,547,815)
412.1000 USE OF MONEY & PROP Investment Earnings - 151 100 500 100 - 151 100 500 100
800.101 TRSF IN General Fund 136,606 - - - -
800.105 TRSF IN American Rescue Plan Act 23,813 - - - - 800.231 TRSF IN Sewer 43,420 35,000 50,000 90,000 -
800.251 TRSF IN Sewer Impact Fees 508,448 - - - -
712,286 35,000 50,000 90,000 -
712,286 35,151 50,100 90,500 100
799.2200 MISCELLANEOUS Capitalized Assets 2,288,655 - - - - 2,288,655 - - - -
680.1181 CAPITAL PROJECTS Community Sewer System
Improveme 64,770 - - - -
680.1261 CAPITAL PROJECTS Clarifier 329,598 - - - -
680.9000 CAPITAL PROJECTS Other Projects - - 50,000 90,000 5,500,000 394,368 - 50,000 90,000 5,500,000
2,683,023 - 50,000 90,000 5,500,000
2,683,023 - 50,000 90,000 5,500,000
2,683,023 - 50,000 90,000 5,500,000
712,286 35,151 50,100 90,500 100
2,683,023 - 50,000 90,000 5,500,000
(1,970,737) 35,151 100 500 (5,499,900)
412.1000 USE OF MONEY & PROP Investment Earnings 207 194 - - - 207 194 - - -
207 194 - - -
900.230 TRSF OUT Water - - - 5,100 -
- - - 5,100 -
- - - 5,100 -
Transfers - Transfers
Account Classification Total: Transfers - Transfers
Miscellaneous - Miscellaneous
Account Classification Total: Miscellaneous - Miscellaneous Division Total: 703 - Water
Department Total: 70 - Public Works
EXPENSES Total
Fund REVENUE Total: 261 - Water Capital Projects
Account Classification Total: Transfer - Transfer
REVENUES Total
Account Classification Total: Capital Projects - Capital Projects Transfer - Transfer
EXPENSES
Department: 70 - Public Works
Division: 703 - Water
Capital Projects - Capital Projects
REVENUES Total
EXPENSES
Department: 70 - Public Works
Account Classification Total: Transfers - Transfers
Fund EXPENSE Total: 261 - Water Capital Projects
Fund: 262 - Sewer Capital Projects
REVENUES
Account Classification Total: Use of Money - Use of Money & Property Transfers - Transfers
Fund Total: 261 - Water Capital Projects
Use of Money - Use of Money & Property
Division Total: 705 - Sewer Collection
Department Total: 70 - Public Works
EXPENSES Total
Fund REVENUE Total: 262 - Sewer Capital Projects
Account Classification Total: Capital Projects - Capital Projects Division: 705 - Sewer Collection
Account Classification Total: M & O - Maintenance and Operations Capital Projects - Capital Projects
M & O - Maintenance and Operations
EXPENSES
Department: 70 - Public Works
Division: 000 - Non-divisional
Transfer - Transfer
Division Total: 000 - Non-divisional
Account Classification Total: Transfer - Transfer
Fund EXPENSE Total: 262 - Sewer Capital Projects
Fund: 264 - DBCP
REVENUES
Use of Money - Use of Money & Property
REVENUES Total
Fund Total: 262 - Sewer Capital Projects
Account Classification Total: Use of Money - Use of Money & Property 87
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
- - - 5,100 -
- - - 5,100 -
207 194 - - -
- - - 5,100 -
207 194 - (5,100) -
412.1000 USE OF MONEY & PROP Investment Earnings 138 203 100 200 100 138 203 100 200 100
413.1060 INTERGOVT State Grants 1,069,351 1,651,207 - - - 413.1510 INTERGOVT Entertainment Plaza Improvements 360 - - - - 413.1570 INTERGOVT CALOES Grant 904 99,425 2,700,000 199,671 5,683,167 413.1580 INTERGOVT LWCF 490,473 2,009,527 - - -
413.1590 INTERGOVT Clean California Grant - 161,170 2,208,055 2,783,830 835,149 413.1600 INTERGOVT CWSRF - - - - 500,000
1,561,088 3,921,329 4,908,055 2,983,501 7,018,316
800.101 TRSF IN General Fund 307,759 1,619,020 55,000 168,861 879,427 800.105 TRSF IN American Rescue Plan Act 1,020,835 464,837 - - - 800.250 TRSF IN Water Impact Fees - - - - 111,462
800.253 TRSF IN Police Impact Fees - 46,585 - - -
800.254 TRSF IN Park Impact Fees - 83,305 - - -
800.255 TRSF IN Storm Drain Impact Fees - - - - 220,000 800.256 TRSF IN Fire Impact Fees 582,894 - - - -
800.260 TRSF IN Transportation Capital Projects - 180,000 - - - 800.320 TRSF IN Ambulance 66,794 797,541 324,900 360,926 - 1,978,281 3,191,288 379,900 529,787 1,210,889
3,539,507 7,112,820 5,288,055 3,513,488 8,229,305
680.1040 CAPITAL PROJECTS Entertainment Plaza 22,409 160,737 2,208,055 2,783,337 1,714,083 680.1125 CAPITAL PROJECTS Downtown 42,727 - - - -
680.1229 CAPITAL PROJECTS Fire Station 1 66,794 72,280 324,900 360,926 - 680.1230 CAPITAL PROJECTS Fire Station 2 - - - - -
680.1231 CAPITAL PROJECTS Fire Training Facility 390,687 933,983 - - - 680.1240 CAPITAL PROJECTS Police Station - 46,585 - - 350,000 680.1266 CAPITAL PROJECTS Civic Center 125,154 30,013 - - - 680.1271 CAPITAL PROJECTS Nebraska Park 35,544 - - - -
680.1274 CAPITAL PROJECTS Viscaya Park 1,528,449 5,460,910 - - - 680.1275 CAPITAL PROJECTS KC Vista Park Improvements 659,793 - 40,000 40,000 - 680.1277 CAPITAL PROJECTS Facade Improvement Program 99,447 12,000 - - - 680.1283 CAPITAL PROJECTS Senior Center Reroof 195,529 - - - - 680.1284 CAPITAL PROJECTS Rosanne Vuich Park 12,303 - - - - 680.1293 CAPITAL PROJECTS Cal OES Flood Mitigation 477 122,038 2,700,000 177,485 6,014,629 680.1295 CAPITAL PROJECTS Stand Theater Demolition 4,570 581,488 - - - 680.1298 CAPITAL PROJECTS Kern Street Phase II - - - - 500,000 680.9000 CAPITAL PROJECTS Other Projects - 156,077 15,000 15,000 - 3,183,884 7,576,111 5,287,955 3,376,748 8,578,712
3,183,884 7,576,111 5,287,955 3,376,748 8,578,712
3,183,884 7,576,111 5,287,955 3,376,748 8,578,712
3,183,884 7,576,111 5,287,955 3,376,748 8,578,712
3,539,507 7,112,820 5,288,055 3,513,488 8,229,305
3,183,884 7,576,111 5,287,955 3,376,748 8,578,712
355,623 (463,291) 100 136,740 (349,407)
13,102,185 13,266,792 44,737,825 11,184,898 33,529,062
14,476,480 13,622,590 47,113,796 10,601,266 41,213,985
(1,374,295) (355,799) (2,375,971) 583,632 (7,684,923)
Department: 70 - Public Works
Division: 706 - Construction
Capital Projects - Capital Projects
Department Total: 70 - Public Works
Fund: 265 - Facilities Capital Projects
REVENUES
Account Classification Total: Intergov - Intergovernmental Transfers - Transfers
EXPENSES Total
Fund REVENUE Total: 264 - DBCP
Fund EXPENSE Total: 264 - DBCP
Fund Total: 264 - DBCP
Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Intergov - Intergovernmental
Account Classification Total: Transfers - Transfers
REVENUES Total
EXPENSES
Fund Total: 265 - Facilities Capital Projects
REVENUE GRAND Totals:
EXPENSE GRAND Totals:
Grand Totals:
Account Classification Total: Capital Projects - Capital Projects Division Total: 706 - Construction
Department Total: 70 - Public Works
EXPENSES Total
Fund REVENUE Total: 265 - Facilities Capital Projects
Fund EXPENSE Total: 265 - Facilities Capital Projects
88
DEBT SERVICE FUNDS
The Debt Service funds are used to budget for obligation of principal and interest payments. The Debt Service Funds include the following funds:
181 - General Debt Fund ................................................................................................................90 182 - Water Debt Fund ..................................................................................................................90 183 -Sewer Debt Fund ...................................................................................................................90 185 - Financing Authority Debt Fund ............................................................................................ 91 89
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
800.101 TRSF IN General Fund 125,719 125,717 125,718 125,718 125,718 125,719 125,717 125,718 125,718 125,718
125,719 125,717 125,718 125,718 125,718
710.1085 PRINCIPAL 2015 BBVA - PNC 86,777 91,331 96,123 96,123 101,167 86,777 91,331 96,123 96,123 101,167
720.1085 INTEREST 2015 BBVA - PNC 38,425 34,276 29,595 29,595 24,551 38,425 34,276 29,595 29,595 24,551
900.185 TRSF OUT Financing Authority Debt Service 82,000 - - - - 82,000 - - - -
207,202 125,607 125,718 125,718 125,718
207,202 125,607 125,718 125,718 125,718
207,202 125,607 125,718 125,718 125,718
125,719 125,717 125,718 125,718 125,718
207,202 125,607 125,718 125,718 125,718
(81,483) 111 - - -
412.1408 USE OF MONEY & PROP 2009 Safe Water 23,614 21,604 2,000 16,500 10,000 23,614 21,604 2,000 16,500 10,000
800.230 TRSF IN Water 375,882 361,175 361,175 298,250 298,250 800.250 TRSF IN Water Impact Fees 87,075 87,075 87,075 150,000 150,000 462,957 448,250 448,250 448,250 448,250
486,571 469,854 450,250 464,750 458,250
640.1040 SERVICES Fiscal Agent Fees 1,320 2,475 2,000 2,000 2,000 1,320 2,475 2,000 2,000 2,000
710.2040 PRINCIPAL SDWSRF Safe Drinking Water - - 401,651 401,651 412,162 - - 401,651 401,651 412,162
720.2010 INTEREST Clean Water Loan 1998 (1,558) - - - - 720.2040 INTEREST SDWSRF Safe Drinking Water 62,019 51,910 46,599 46,599 36,088 60,461 51,910 46,599 46,599 36,088
900.230 TRSF OUT Water 434,028 391,408 - - -
434,028 391,408 - - -
495,809 445,793 450,250 450,250 450,250
495,809 445,793 450,250 450,250 450,250
495,809 445,793 450,250 450,250 450,250
486,571 469,854 450,250 464,750 458,250
495,809 445,793 450,250 450,250 450,250
(9,238) 24,061 - 14,500 8,000
412.1412 USE OF MONEY & PROP 2012 Wastewater 29,363 26,482 8,000 19,100 15,000 29,363 26,482 8,000 19,100 15,000
800.231 TRSF IN Sewer 805,300 730,124 789,041 789,041 825,555 800.251 TRSF IN Sewer Impact Fees - 99,999 30,000 30,000 - 805,300 830,123 819,041 819,041 825,555
834,663 856,605 827,041 838,141 840,555
640.1040 SERVICES Fiscal Agent Fees 5,625 8,400 7,500 7,500 8,000 5,625 8,400 7,500 7,500 8,000
Fund: 181 - General Debt Service
REVENUES
Transfers - Transfers
Account Classification Total: Transfers - Transfers
Department Total: 20 - Administration
REVENUES Total
EXPENSES
Department: 20 - Administration
Division: 000 - Non-divisional
Principal Pymts - Principal Payments
Account Classification Total: Principal Pymts - Principal Payments Interest Pymts - Interest Payments
Account Classification Total: Interest Pymts - Interest Payments Transfer - Transfer
Account Classification Total: Transfer - Transfer
Division Total: 000 - Non-divisional
EXPENSES
EXPENSES Total
Fund REVENUE Total: 181 - General Debt Service
Fund EXPENSE Total: 181 - General Debt Service
Fund Total: 181 - General Debt Service
Fund: 182 - Water Debt Service
REVENUES
Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Transfers - Transfers
Account Classification Total: Transfers - Transfers
REVENUES Total
Department Total: 70 - Public Works
Department: 70 - Public Works
Division: 703 - Water
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Principal Pymts - Principal Payments
Account Classification Total: Principal Pymts - Principal Payments Interest Pymts - Interest Payments
Account Classification Total: Interest Pymts - Interest Payments Transfer - Transfer
Account Classification Total: Transfer - Transfer
Division Total: 703 - Water
EXPENSES
EXPENSES Total
Fund REVENUE Total: 182 - Water Debt Service
Fund EXPENSE Total: 182 - Water Debt Service
Fund Total: 182 - Water Debt Service
Fund: 183 - Sewer Debt Service
REVENUES
Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Transfers - Transfers
Account Classification Total: Transfers - Transfers
REVENUES Total
Department: 70 - Public Works
Division: 705 - Sewer Collection
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations 90 Principal Pymts - Principal Payments
Account Number Account Description 2023-24 Actual 2024-25 Actual 2025-26 Adopted 2025-26 Projected Year End 2026-27 Proposed
710.1060 PRINCIPAL 2012 Wastewater - - 475,000 475,000 500,000 710.1105 PRINCIPAL 2019 Wastewater - - 119,000 119,000 122,000 - - 594,000 594,000 622,000
720.1060 INTEREST 2012 Wastewater 310,515 296,493 178,531 178,531 160,250 720.1105 INTEREST 2019 Wastewater 51,693 48,592 46,510 46,510 43,305 362,208 345,085 225,041 225,041 203,555
367,833 353,485 826,541 826,541 833,555
367,833 353,485 826,541 826,541 833,555
367,833 353,485 826,541 826,541 833,555
834,663 856,605 827,041 838,141 840,555
367,833 353,485 826,541 826,541 833,555
466,830 503,120 500 11,600 7,000
412.1000 USE OF MONEY & PROP Investment Earnings - 342 - 3,000 200 412.1413 USE OF MONEY & PROP 2012 Public Works 36,040 32,686 8,000 17,000 20,000 412.1418 USE OF MONEY & PROP 2016 Measure R 870 1,074 - 800 - 36,910 34,101 8,000 20,800 20,200
800.101 TRSF IN General Fund 308,336 319,688 330,512 330,512 341,879 800.181 TRSF IN General Debt Service 82,000 - - - -
800.202 TRSF IN Gas Tax 11,398 12,093 12,823 12,823 13,589 800.203 TRSF IN Transportation 420,668 571,681 417,151 425,552 429,724 800.215 TRSF IN Fleet Maintenance 13,036 13,831 14,665 14,665 15,542 800.230 TRSF IN Water 346,443 365,607 385,447 385,447 406,284 800.231 TRSF IN Sewer 523,723 534,242 540,139 540,139 548,419 800.232 TRSF IN Disposal 15,198 16,124 17,097 17,097 18,119 800.252 TRSF IN Transportation Impact Fees 148,393 - 149,508 149,508 145,101 800.301 TRSF IN Public Safety Sales Tax 5,830 6,186 6,559 6,559 6,951 1,875,025 1,839,452 1,873,901 1,882,302 1,925,608
415.1020 OTH FIN SOURCES Proceeds of Bonds - 4 - - -
- 4 - - -
1,911,935 1,873,557 1,881,901 1,903,102 1,945,808
640.1040 SERVICES Fiscal Agent Fees 7,325 7,675 8,000 8,000 8,000 7,325 7,675 8,000 8,000 8,000
710.1065 PRINCIPAL 2012 Public Works 475,000 495,000 510,000 510,000 525,000 710.1075 PRINCIPAL 2013 Solar 356,286 411,724 471,541 471,541 536,023 710.1095 PRINCIPAL 2016 Measure R 250,000 260,000 265,000 265,000 280,000 1,081,286 1,166,724 1,246,541 1,246,541 1,341,023
720.1065 INTEREST 2012 Public works 249,750 235,200 218,213 218,213 198,806 720.1075 INTEREST 2013 Solar 298,790 283,278 265,396 265,396 244,958 720.1095 INTEREST 2016 Measure R 163,200 154,250 143,750 143,750 132,850 711,740 672,728 627,359 627,359 576,614
1,800,351 1,847,127 1,881,900 1,881,900 1,925,637
1,800,351 1,847,127 1,881,900 1,881,900 1,925,637
1,800,351 1,847,127 1,881,900 1,881,900 1,925,637
1,911,935 1,873,557 1,881,901 1,903,102 1,945,808
1,800,351 1,847,127 1,881,900 1,881,900 1,925,637
111,585 26,430 1 21,202 20,171
3,358,888 3,325,734 3,284,910 3,331,711 3,370,331
2,871,194 2,772,011 3,284,409 3,284,409 3,335,160
487,694 553,722 501 47,302 35,171
Fund REVENUE Total: 183 - Sewer Debt Service
Account Classification Total: Principal Pymts - Principal Payments Interest Pymts - Interest Payments
Account Classification Total: Interest Pymts - Interest Payments Division Total: 705 - Sewer Collection
Department Total: 70 - Public Works
EXPENSES Total
EXPENSES
Fund EXPENSE Total: 183 - Sewer Debt Service
Fund Total: 183 - Sewer Debt Service
Fund: 185 - Financing Authority Debt Service
REVENUES
Use of Money - Use of Money & Property
Account Classification Total: Use of Money - Use of Money & Property Transfers - Transfers
Account Classification Total: Transfers - Transfers
Other - Other Financing Sources
Account Classification Total: Other - Other Financing Sources REVENUES Total
Fund REVENUE Total: 185 - Financing Authority Debt Service Department: 20 - Administration
Division: 000 - Non-divisional
M & O - Maintenance and Operations
Account Classification Total: M & O - Maintenance and Operations Principal Pymts - Principal Payments
Account Classification Total: Principal Pymts - Principal Payments Interest Pymts - Interest Payments
Account Classification Total: Interest Pymts - Interest Payments Division Total: 000 - Non-divisional
Department Total: 20 - Administration
EXPENSES Total
Fund EXPENSE Total: 185 - Financing Authority Debt Service Fund Total: 185 - Financing Authority Debt Service
REVENUE GRAND Totals:
EXPENSE GRAND Totals:
Grand Totals:
91
City Council Staff Report
Department: POLICE SERVICES May 26, 2026
To: Mayor and City Council
From: Abel Iriarte, Police Chief
By: Luz Torres, Sr. Administrative Assistant
Subject: Introduction of new Community Service Officer TPT, Jorge Zepeda (AI) RECOMMENDATION:
Introduction of new Community Service Officer TPT, Jorge Zepeda.
EXECUTIVE SUMMARY:
None.
OUTSTANDING ISSUES:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
PUBLIC HEARING:
None.
ATTACHMENTS:
None
City Council Staff Report
Department: POLICE SERVICES May 26, 2026
To: Mayor and City Council
From: Abel Iriarte, Police Chief
By: Luz Torres, Sr. Administrative Assistant
Subject: Introduction of new Community Service Officer TPT, Jeanette Garcia (AI) RECOMMENDATION:
Introduction of new Community Service Offfcer TPT, Jeanette Garcia.
EXECUTIVE SUMMARY:
None.
OUTSTANDING ISSUES:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
PUBLIC HEARING:
None.
ATTACHMENTS:
None
City Council Staff Report
Department: POLICE SERVICES May 26, 2026
To: Mayor and City Council
From: Abel Iriarte, Police Chief
By: Luz Torres, Sr. Administrative Assistant
Subject: Introduction and Oath of Office for Police Officer, Keng Vang (AI) RECOMMENDATION:
Introduction and swearing-in ceremony for new Police Officer, Keng Vang.
EXECUTIVE SUMMARY:
None.
OUTSTANDING ISSUES:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
PUBLIC HEARING:
None.
ATTACHMENTS:
None
City Council Staff Report
Department: POLICE SERVICES May 26, 2026
To: Mayor and City Council
From: Abel Iriarte, Police Chief
By: Luz Torres, Sr. Administrative Assistant
Subject: Introduction and Oath of Office for Police Officer, Melanie Flores (AI) RECOMMENDATION:
Introduction and swearing-in ceremony for new Police Officer, Melanie Flores.
EXECUTIVE SUMMARY:
None.
OUTSTANDING ISSUES:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
PUBLIC HEARING:
None.
ATTACHMENTS:
None
City Council Staff Report
Department: CITY MANAGER'S OFFICE May 26, 2026
To: Mayor and City Council
From: Maria Alaniz, City Clerk/HR Director
By: Lupe Montejano, Billing Supervisor/Deputy City Clerk Subject: Approval of City Council Meeting Minutes (MA)
RECOMMENDATION:
Council to review and approve the City Council meeting of May 12, 2026, as presented.
EXECUTIVE SUMMARY:
None.
OUTSTANDING ISSUES:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
PUBLIC HEARING:
None required.
ATTACHMENTS:
1. City Council Meeting Minutes, May 12, 2026
City Council Staff Report
Department: PUBLIC WORKS May 26, 2026
To: Mayor and City Council
From: George Avila, Public Works Director
By: Elva Patino, Business Manager
Subject: Authorization to Award Professional Services Contract for On-Call Engineering Services (GA)
RECOMMENDATION:
Council to authorize the City Manager, or Public Works Director, to execute Professional Services Agreements for engineering services with 4Creeks, Inc. as the City's primary consulting engineer and Vanir Construction Management and Black Water Consulting Engineers as specialty on-call engineers.
EXECUTIVE SUMMARY:
The City issued a Request for Qualifications (RFQ) for on-call professional engineering services on February 1, 2026. A total of three firms responded to the RFQ: 1) 4Creeks, Inc., 2) Vanir Construction Management, Inc., and 3) Black Water Consulting Engineers. Based on a review of qualifications and interviews with all three firms, staff is recommending the selection of 4Creeks, Inc. as the City's primary engineering consultant with Vanir and Black Water as on-call specialty engineers on an as-needed basis.
OUTSTANDING ISSUES:
None
DISCUSSION:
The City of Dinuba has contracted with 4Creeks, Inc. for City Engineering services since 2022. The firm has provided the City with excellent engineering services with many capital projects delivered on time and within budget. However, about every 3–5 years, the City conducts an open process for on-call professional engineering services to ensure a competitive and fair selection process. The City released an RFQ on
February 1, 2026, soliciting proposals from qualified firms for engineering services related to engineering design, project management, construction oversight, utility infrastructure analysis, and grant-funded administration and reporting. A copy of the RFQ is attached herein as Attachment ‘1’.
The City received proposals from three (3) firms by the February 12, 2026, RFQ deadline. The firms include 1) 4Creeks, Inc., 2) Vanir Construction Management, Inc., and 3) Black Water Consulting Engineers. The proposals were evaluated internally and interviews were conducted with all three firms to access their respective experience, project understanding, personnel, responsiveness, and past performance. Below is a brief summary for each firm:
4Creeks, Inc.
4Creeks, Inc. is headquartered in Visalia, CA with an office in Colorado. They are a fullservice engineering firm that provides civil engineering, construction management, structural engineering, planning, architecture, and general contracting services.
Vanir Construction Management, Inc.
Vanir is a national engineering firm headquartered in Sacramento, CA with a local office in Fresno, CA. The firm specializes in project and construction management services.
Black Water Consulting Engineers
Black Water is headquartered in Modesto, CA with a local office in Fresno, CA. The firm specializes in water, wastewater, recycled water, and storm water.
Based on the qualifications for each firm, staff is recommending that the City select 4Creeks, Inc. as the primary engineering consultant with Vanir and Black Water as oncall engineers for their respective specialty engineering services on an as-needed basis. 4Creeks, Inc. currently provides engineering support services for the City and possesses extensive institutional knowledge of the City’s infrastructure systems, development standards, capital improvement projects, and operational needs. This familiarity allows for continuity in project delivery, faster response times, and improved coordination with City staff. Furthermore, the City can use Vanir to provide project and construction management services on any future major capital projects and Black Water can be used to provide expertise on water, wastewater, and storm water projects. By retaining these two firms, the City has the flexibility to call upon each firm to provide engineering services based on their area of expertise or to provide operational support services on an as-needed-basis.
A copy of the contracts for each firm is enclosed herein as Attachment ‘1’, Attachment ‘2’, and Attachment ‘3’, respectively.
FISCAL IMPACT:
Services under these agreements will be funded through approved project budgets, including capital improvement projects, enterprise funds, development-related funding, and state or federally funded grants. There is no immediate additional impact to the General Fund beyond approved budget appropriations.
PUBLIC HEARING:
None
ATTACHMENTS:
1. RFQ ON-CALL PROFESSIONAL ENGINEERING SERVICES
2. Contract Agreement 4Creeks
3. Contract Agreement Black Water
4. Contract Agreement Vanir
ON-CALL PROFESSIONAL ENGINEERING SERVICES
FOR LOCAL, STATE, AND FEDERAL FUNDED 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................................................................................................................ 8 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS................................... 8 ARTICLE VIII RETENTION OF RECORD/AUDITS.............................................................................. 8 ARTICLE IX AUDIT REVIEW PROCEDURES..................................................................................... 9 ARTICLE X SUBCONTRACTING........................................................................................................ 10 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................ 12 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................ 12 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 15 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ....................... 16
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 16 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE................... 17 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION.................................................. 18 ARTICLE XVIII INSURANCE............................................................................................................... 18 ARTICLE XIX FUNDING REQUIREMENTS ........................................................................................ 19 ARTICLE XX CHANGE IN TERMS...................................................................................................... 19
ARTICLE XXI CONTINGENT FEE....................................................................................................... 20 ARTICLE XXII DISPUTES................................................................................................................... 20 ARTICLE XXIII INSPECTION OF WORK ............................................................................................ 20 ARTICLE XXIV SAFETY ......................................................................................................................20 ARTICLE XXV OWNERSHIP OF DATA.............................................................................................. 21 ARTICLE XXVI CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............. 21 ARTICLE XXVII CONFIDENTIALITY OF DATA .................................................................................. 22 ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION................................... 22 ARTICLE XXIX EVALUATION OF CONSULTANT ............................................................................. 22 ARTICLE XXX PROMPT PAYMENT................................................................................................... 22 ARTICLE XXXI TITLE VI ASSURANCES............................................................................................ 23 ARTICLE XXXII NOTIFICATION ......................................................................................................... 28 ARTICLE XXXIII CONTRACT.............................................................................................................. 29 ARTICLE XXXIV SIGNATURES.......................................................................................................... 29
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:
4Creeks, Inc.
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be
Jason Watts, PE
The name of the “LOCAL AGENCY” is as follows:
City of Dinuba
The Contract Administrator for LOCAL AGENCY will be George Avila, Public Works Director 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 _________________, 20___. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) 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.
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
1. General Engineering Services
The selected firm(s) may be tasked with providing one or more of the following services:
• Preliminary engineering and feasibility studies
• Planning and concept development
• Preparation of technical memoranda and reports
• Cost estimating and project budgeting
• Schedule development
• Coordination with City departments, agencies, and stakeholders
2. Design Services
Services may include, but are not limited to:
• Preparation of plans, specifications, and estimates (PS&E) • Civil, structural, mechanical, and electrical engineering design
• Utility system design (water, wastewater, stormwater) • Street, sidewalk, ADA, and transportation-related design • Grading, drainage, and hydrology analyses
• Environmental compliance support (CEQA/NEPA)
3. Construction Support Services
Selected firms may support City staff during construction, including:
• Construction management and project administration
• Submittal review and RFI responses
• Change order analysis
• Cost control, schedule monitoring, and documentation
• Field inspection and materials testing coordination
• Project closeout assistance
4. Surveying and Mapping
Services may include:
• Topographic and boundary surveying
• Easement and right-of-way mapping
• GIS support and data development
• Construction staking
5. Utility and Public Works Infrastructure Support
Tasks may include:
• Water distribution system modeling and design
• Wastewater collection system analysis and design
• Stormwater master planning and drainage design
• Traffic engineering analysis, signal timing, and traffic control plans • Pavement management and rehabilitation planning
6. Grant & Funding Support
Services may include:
• Assistance with grant applications
• Preparation of supporting engineering documents
• Funding compliance support
• Reporting and documentation assistance
7. Project Management & Coordination
Selected firms may be required to:
• Provide Project oversight and technical leadership
• Attend meetings with City staff, elected officials, and stakeholders • Prepare staff reports, presentations, and public outreach materials • Coordinate with regulatory agencies for permits and approvals
All deliverables prepared under this on-call contract may include technical reports, memoranda, plans, specifications, estimates, survey maps, CAD files, GIS data, schedules, and construction support documentation, as required by the City.
The City of Dinuba is undertaking a variety of capital improvements and public works projects aimed at maintaining, upgrading, and expanding essential infrastructure to support community growth and long-term service reliability. These projects may include improvements to water, wastewater, and storm drain roadway rehabilitation, traffic and transportation enhancement, and general civil engineering services needed to support City operations. To ensure timely delivery of these initiatives and provide technical expertise beyond in-house capacity, the City is seeking qualified engineering firms to provide on-call professional services.
The selected consultant(s) will support the City with planning, design, permitting, and construction-related tasks on an as-needed basis throughout the duration of the agreement.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on ______________, 20___, 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 _________________, 20____, 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. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
City of Dinuba/George Avila
1088 E. Kamm Avenue
Dinuba CA 93618
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
May 2023
O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed Five Million Dollar $7,500,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
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.
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
May 2023
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.
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
May 2023
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.
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
May 2023
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.
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.
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.
May 2023
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.
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-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at 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.
May 2023
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.
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)
May 2023
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 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.
May 2023
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 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 employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with 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.
May 2023
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 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.
May 2023
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 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 subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 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.
May 2023
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
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.
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
ARTICLE XVIII 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
May 2023
effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) 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.
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 XIX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to 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 XX CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by 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.
May 2023
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, 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 XXII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Public Works Director, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than (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.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIII 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 XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by 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.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
May 2023
ARTICLE XXV 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 federalaid 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 XXVI 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.
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.
May 2023
ARTICLE XXVII 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. 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 XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXIX 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 XXX 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
May 2023
CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
ARTICLE XXXI 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.
May 2023
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
May 2023
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit,
May 2023
etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on,over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
May 2023
• 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).
May 2023
ARTICLE XXXII 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:
,Project Manager
LOCAL AGENCY:
City of Dinuba
George Avila , Contract Administrator
1088 E. Kamm Avenue
Dinuba, CA 93618
May 2023
ARTICLE XXXIII 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.
Exhibit 10-R
ARTICLE XXXIV SIGNATURES
City of Dinuba Consultant
__
Luis Patlan, City Manager (Name of Signer)
Date: Date:
ON-CALL PROFESSIONAL ENGINEERING SERVICES
FOR LOCAL, STATE, AND FEDERAL FUNDED 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................................................................................................................ 8 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS................................... 8 ARTICLE VIII RETENTION OF RECORD/AUDITS.............................................................................. 8 ARTICLE IX AUDIT REVIEW PROCEDURES..................................................................................... 9 ARTICLE X SUBCONTRACTING........................................................................................................ 10 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................ 12 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................ 12 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 15 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ....................... 16
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 16 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE................... 17 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION.................................................. 18 ARTICLE XVIII INSURANCE............................................................................................................... 18 ARTICLE XIX FUNDING REQUIREMENTS ........................................................................................ 19 ARTICLE XX CHANGE IN TERMS...................................................................................................... 19
ARTICLE XXI CONTINGENT FEE....................................................................................................... 20 ARTICLE XXII DISPUTES................................................................................................................... 20 ARTICLE XXIII INSPECTION OF WORK ............................................................................................ 20 ARTICLE XXIV SAFETY ......................................................................................................................20 ARTICLE XXV OWNERSHIP OF DATA.............................................................................................. 21 ARTICLE XXVI CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............. 21 ARTICLE XXVII CONFIDENTIALITY OF DATA .................................................................................. 22 ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION................................... 22 ARTICLE XXIX EVALUATION OF CONSULTANT ............................................................................. 22 ARTICLE XXX PROMPT PAYMENT................................................................................................... 22 ARTICLE XXXI TITLE VI ASSURANCES............................................................................................ 23 ARTICLE XXXII NOTIFICATION ......................................................................................................... 28 ARTICLE XXXIII CONTRACT.............................................................................................................. 29 ARTICLE XXXIV SIGNATURES.......................................................................................................... 29
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:
Black Water Consulting Engineer’s
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be
Nick Zaninovich, PE
The name of the “LOCAL AGENCY” is as follows:
City of Dinuba
The Contract Administrator for LOCAL AGENCY will be George Avila, Public Works Director 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 _________________, 20___. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) 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.
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 for planning, design analysis, project management, and construction support associated with water, wastewater (sewer), or storm drain infrastructure.
1. General Engineering Services
The selected firm(s) may be tasked with providing one or more of the following services:
• Preliminary engineering and feasibility studies
• Planning and concept development
• Preparation of technical memoranda and reports
• Cost estimating and project budgeting
• Schedule development
• Coordination with City departments, agencies, and stakeholders
2. Design Services
Services may include, but are not limited to:
• Preparation of plans, specifications, and estimates (PS&E) • Civil, structural, mechanical, and electrical engineering design
• Utility system design (water, wastewater, stormwater) • Street, sidewalk, ADA, and transportation-related design • Grading, drainage, and hydrology analyses
• Environmental compliance support (CEQA/NEPA)
3. Construction Support Services
Selected firms may support City staff during construction, including:
• Construction management and project administration
• Submittal review and RFI responses
• Change order analysis
• Cost control, schedule monitoring, and documentation
• Field inspection and materials testing coordination
• Project closeout assistance
4. Surveying and Mapping
Services may include:
• Topographic and boundary surveying
• Easement and right-of-way mapping
• GIS support and data development
• Construction staking
5. Utility and Public Works Infrastructure Support
Tasks may include:
• Water distribution system modeling and design
• Wastewater collection system analysis and design
• Stormwater master planning and drainage design
• Traffic engineering analysis, signal timing, and traffic control plans • Pavement management and rehabilitation planning
6. Grant & Funding Support
Services may include:
• Assistance with grant applications
• Preparation of supporting engineering documents
• Funding compliance support
• Reporting and documentation assistance
7. Project Management & Coordination
Selected firms may be required to:
• Provide Project oversight and technical leadership
• Attend meetings with City staff, elected officials, and stakeholders • Prepare staff reports, presentations, and public outreach materials • Coordinate with regulatory agencies for permits and approvals
All deliverables prepared under this on-call contract may include technical reports, memoranda, plans, specifications, estimates, survey maps, CAD files, GIS data, schedules, and construction support documentation, as required by the City.
The City of Dinuba is undertaking a variety of capital improvements and public works projects aimed at maintaining, upgrading, and expanding essential infrastructure to support community growth and long-term service reliability. These projects may include improvements to water, wastewater, and storm drain roadway rehabilitation, traffic and transportation enhancement, and general civil engineering services needed to support City operations. To ensure timely delivery of these initiatives and provide technical expertise beyond in-house capacity, the City is seeking qualified engineering firms to provide on-call professional services.
The selected consultant(s) will support the City with planning, design, permitting, and construction-related tasks on an as-needed basis throughout the duration of the agreement.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on ______________, 20___, 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 _________________, 20____, 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. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
City of Dinuba/George Avila
1088 E. Kamm Avenue
Dinuba CA 93618
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
May 2023
O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed Five Million Dollar $975,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
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.
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
May 2023
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.
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
May 2023
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.
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
May 2023
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.
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.
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.
May 2023
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.
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-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at 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.
May 2023
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.
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)
May 2023
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 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.
May 2023
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 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 employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with 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.
May 2023
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 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.
May 2023
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 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 subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 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.
May 2023
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
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.
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
ARTICLE XVIII 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
May 2023
effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) 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.
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 XIX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to 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 XX CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by 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.
May 2023
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, 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 XXII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Public Works Director, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than (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.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIII 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 XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by 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.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
May 2023
ARTICLE XXV 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 federalaid 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 XXVI 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.
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.
May 2023
ARTICLE XXVII 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. 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 XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXIX 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 XXX 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
May 2023
CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
ARTICLE XXXI 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.
May 2023
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
May 2023
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit,
May 2023
etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on,over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
May 2023
• 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).
May 2023
ARTICLE XXXII 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:
,Project Manager
LOCAL AGENCY:
City of Dinuba
George Avila , Contract Administrator
1088 E. Kamm Avenue
Dinuba, CA 93618
May 2023
ARTICLE XXXIII 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.
Exhibit 10-R
ARTICLE XXXIV SIGNATURES
City of Dinuba Consultant
__
Luis Patlan, City Manager (Name of Signer)
Date: Date:
ON-CALL PROFESSIONAL ENGINEERING SERVICES
FOR LOCAL, STATE, AND FEDERAL FUNDED 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................................................................................................................ 8 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS................................... 8 ARTICLE VIII RETENTION OF RECORD/AUDITS.............................................................................. 8 ARTICLE IX AUDIT REVIEW PROCEDURES..................................................................................... 9 ARTICLE X SUBCONTRACTING........................................................................................................ 10 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................ 12 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................ 12 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 15 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ....................... 16
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 16 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE................... 17 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION.................................................. 18 ARTICLE XVIII INSURANCE............................................................................................................... 18 ARTICLE XIX FUNDING REQUIREMENTS ........................................................................................ 19 ARTICLE XX CHANGE IN TERMS...................................................................................................... 19
ARTICLE XXI CONTINGENT FEE....................................................................................................... 20 ARTICLE XXII DISPUTES................................................................................................................... 20 ARTICLE XXIII INSPECTION OF WORK ............................................................................................ 20 ARTICLE XXIV SAFETY ......................................................................................................................20 ARTICLE XXV OWNERSHIP OF DATA.............................................................................................. 21 ARTICLE XXVI CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............. 21 ARTICLE XXVII CONFIDENTIALITY OF DATA .................................................................................. 22 ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION................................... 22 ARTICLE XXIX EVALUATION OF CONSULTANT ............................................................................. 22 ARTICLE XXX PROMPT PAYMENT................................................................................................... 22 ARTICLE XXXI TITLE VI ASSURANCES............................................................................................ 23 ARTICLE XXXII NOTIFICATION ......................................................................................................... 28 ARTICLE XXXIII CONTRACT.............................................................................................................. 29 ARTICLE XXXIV SIGNATURES.......................................................................................................... 29
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:
Vanir Construction Management, Inc.
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be
Andres Enciso
The name of the “LOCAL AGENCY” is as follows:
City of Dinuba
The Contract Administrator for LOCAL AGENCY will be George Avila, Public Works Director 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 _________________, 20___. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) 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.
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
1. General Engineering Services
The selected firm(s) may be tasked with providing one or more of the following services:
• Preliminary engineering and feasibility studies
• Planning and concept development
• Preparation of technical memoranda and reports
• Cost estimating and project budgeting
• Schedule development
• Coordination with City departments, agencies, and stakeholders
2. Design Services
Services may include, but are not limited to:
• Preparation of plans, specifications, and estimates (PS&E) • Civil, structural, mechanical, and electrical engineering design
• Utility system design (water, wastewater, stormwater) • Street, sidewalk, ADA, and transportation-related design • Grading, drainage, and hydrology analyses
• Environmental compliance support (CEQA/NEPA)
3. Construction Support Services
Selected firms may support City staff during construction, including:
• Construction management and project administration
• Submittal review and RFI responses
• Change order analysis
• Cost control, schedule monitoring, and documentation
• Field inspection and materials testing coordination
• Project closeout assistance
4. Surveying and Mapping
Services may include:
• Topographic and boundary surveying
• Easement and right-of-way mapping
• GIS support and data development
• Construction staking
5. Utility and Public Works Infrastructure Support
Tasks may include:
• Water distribution system modeling and design
• Wastewater collection system analysis and design
• Stormwater master planning and drainage design
• Traffic engineering analysis, signal timing, and traffic control plans • Pavement management and rehabilitation planning
6. Grant & Funding Support
Services may include:
• Assistance with grant applications
• Preparation of supporting engineering documents
• Funding compliance support
• Reporting and documentation assistance
7. Project Management & Coordination
Selected firms may be required to:
• Provide Project oversight and technical leadership
• Attend meetings with City staff, elected officials, and stakeholders • Prepare staff reports, presentations, and public outreach materials • Coordinate with regulatory agencies for permits and approvals
All deliverables prepared under this on-call contract may include technical reports, memoranda, plans, specifications, estimates, survey maps, CAD files, GIS data, schedules, and construction support documentation, as required by the City.
The City of Dinuba is undertaking a variety of capital improvements and public works projects aimed at maintaining, upgrading, and expanding essential infrastructure to support community growth and long-term service reliability. These projects may include improvements to water, wastewater, and storm drain roadway rehabilitation, traffic and transportation enhancement, and general civil engineering services needed to support City operations. To ensure timely delivery of these initiatives and provide technical expertise beyond in-house capacity, the City is seeking qualified engineering firms to provide on-call professional services.
The selected consultant(s) will support the City with planning, design, permitting, and construction-related tasks on an as-needed basis throughout the duration of the agreement.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on ______________, 20___, 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 _________________, 20____, 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. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
City of Dinuba/George Avila
1088 E. Kamm Avenue
Dinuba CA 93618
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
May 2023
O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed Five Million Dollar $975,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
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.
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
May 2023
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.
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
May 2023
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.
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
May 2023
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.
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.
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.
May 2023
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.
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-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at 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.
May 2023
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.
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)