Kingsburg City Council
August 20, 2025

May 2023
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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. The LOCAL AGENCY determines other documented good cause.

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

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

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

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

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

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

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

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

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

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

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

The LOCAL AGENCY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

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

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

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

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

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

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

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

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY Local Assistance Procedures Manual Exhibit 10-R
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these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

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

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

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

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

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

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

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work Local Assistance Procedures Manual Exhibit 10-R
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of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

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

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

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

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

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

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

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

ARTICLE XIX INSURANCE
[Choose either Option 1 or Option 2]
[Option 1 - for AGREEMENT with a scope of services that may require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public traffic or construction operations.] A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($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.

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C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
[Option 2 - for AGREEMENTs with a scope of services that will not require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations.] CONSULTANT is not required to show evidence of general comprehensive liability insurance.

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

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

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

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

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

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

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

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing Local Assistance Procedures Manual Exhibit 10-R
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business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal] 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 (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.

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

C. 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. [Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E]
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

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

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

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

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

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C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
[Add the following paragraph to all AGREEMENTs, which may require trenching of five feet or deeper] D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

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

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

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

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

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

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for 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 XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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

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

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

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

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

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

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

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
[For PS&E contracts add paragraph F, below, to paragraphs A through E, above] 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 XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

Local Assistance Procedures Manual Exhibit 10-R
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May 2023

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

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

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

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

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

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

Local Assistance Procedures Manual Exhibit 10-R
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The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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.

Local Assistance Procedures Manual Exhibit 10-R
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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.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
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(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER 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, Local Assistance Procedures Manual Exhibit 10-R
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over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “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 Local Assistance Procedures Manual Exhibit 10-R
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public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

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

CONSULTANT:
(NAME) ,Project Manager
LOCAL AGENCY:
(LOCAL AGENCY)
(NAME) , Contract Administrator
(ADDRESS)

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

May 2023
Local Assistance Procedures Manual Exhibit 10-R
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ARTICLE XXXV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature)
(Name of Signer)
(Signature)
(Name of Signer)
Date: Date:

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Daniel Galvez Public Works Director REVIEWED BY: AJH AGENDA ITEM: Authorize On-Call Materials Testing & Geotechnical Services for Federally Funded Transportation Projects Services Agreement
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The City solicited requests for qualifications (RFQ) from qualified firms for Materials Testing & Geotechnical Services for Federally Funded Transportation Projects on an on-call basis on June 5th, 2025. Proposals were due prior to 4pm on June 26, 2025. The City received five Statements of Qualifications (SOQs). SOQs were reviewed and scored by staff. The City has selected 3 firms BSK, Moore Twining, and Krazan as the most qualified firms for upcoming federally funded transportation projects. The total amount payable to the Consultant shall not exceed $250,000 and the performance period of the contract is 3 years with an option to extend 2 years (1-year extensions, no more than twice and not to exceed 5 years total).

The City constructs several roadway projects every year that are state and federally funded. In order to comply with state and federal regulations and due to limited staffing and expertise, certain services are contracted out. The selected Consultants shall perform consultation, research, professional and technical services required for Construction Materials Sampling and Testing Services, including, but not limited to, field sampling, construction materials testing, analysis, reports, plant inspection, and work related to testing equipment calibration, on an asneeded basis. The Consultants will be responsible for providing the City for which the Consultants are qualified related to Federal and State funded transportation projects. The Consultant shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a task order shall be issued. The Consultant may provide services to the City including, but not limited to, the following material testing and geotechnical services:

Concrete, aggregates, soils, cement, metals, masonry blocks, hot mix asphalt, asphalt binder, and Independent Assurance; equipment calibrations; materials analysis & evaluation; field sampling; construction materials testing; analysis; reports; plant inspection; sampling of fresh concrete, asphalt, aggregate, soil, and other related materials; field nuclear gauge compaction tests on aggregate base, subgrade, and other related materials; core sampling of cured concrete, pavement, and other related materials; sampling of structural steel, rebar, and other related materials; field testing of concrete slump, soil compaction, and other related materials; field testing of welds, bolted connections; laboratory testing of various types of samples; special materials analysis & evaluation; provide materials information; and work related to testing equipment calibration., and other testing and services as requested. The City is proposing contracting with multiple consultants for Materials and Geotechnical Services for Federal and State funded projects. Task Orders will be issued for specific projects based on competitive mini-RFP’s.

The CITY does not guarantee a specific number or dollar amount of projects will be contracted with the listed projects.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends That the City Council authorize the City Manager to enter into Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call Materials Testing & Geotechnical Services between BSK Associates, Moore Twining Associates and Krazan & Associates for State and Federally funded transportation projects.

Meeting Date: 08/20/2025
Agenda Item: 6

POLICY ALTERNATIVE(S)

1. Council could choose not to enter into agreement, but not having an on- Materials Testing & Geotechnical Services consultant will result in non-compliance which can result in a loss of funding and jeopardize future opportunities to receive Federal and State funding
STRATEGIC GOAL(S) MET:

1. Preserve the Kingsburg Experience

2. Financial Stability

3. Community Safety

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
The RFQ was sent directly to several local Materials Testing & Geotechnical Services firms and it was posted on our City website. A selection committee of City Staff convened to review the submitted Statements of Qualifications (SOQ) using specific evaluation criteria to determine the most qualified consultants. Federal procurement guidelines require that selection be solely based on qualifications. The City is prohibited from using cost proposals as the basis for selection. Each firm’s fee schedule is attached as Attachment 3, 4, and 5.

BACKGROUND INFORMATION
The on- call Materials Testing & Geotechnical Services consultant will provide testing and geotechnical services related to federal and state funded projects. The consultant shall provide The on-call quality assurance material testing consists in performing standard field and laboratory testing to evaluate the construction contract’s compliance with the project specifications. For all testing work on federal and state aided projects, the laboratory and testing personnel must be certified by the Local Agency Independent Assurance Program. The consultant must follow all pertinent State testing requirements, and the City adopted Quality Assurance Plan. This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term.

Task orders will be issued for specific projects. The CITY does not guarantee a specific number or dollar amount of projects will be contracted with the listed projects. The On-Call agreement establishes a framework for consultant services. Individual task orders will be issued under the agreement as specific projects arise. Funding for these tasks orders will be allocated from the respective project budgets, which may include a combination of Federal, State, and City funds. The agreement itself does not commit the City to a specific expenditure but provides a mechanism for procuring services. The City has selected BSK, Moore Twining, and Krazan as the most qualified firms for upcoming on-call federally funded transportation projects. City staff is recommending awarding three firms to accommodate project needs and avoid conflicts in scheduling.

ATTACHED INFORMATION

1. Proposed Agreement

2. Request for Qualification Materials Testing & Geotechnical Services

3. State and Federal Fee Schedule -BSK

4. State and Federal Fee Schedule -Moore Twining

5. State and Federal Fee Schedule -Krazan
FISCAL IMPACT:

1. Is There A Fiscal Impact? Potentially

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A

City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

CITY OF KINGSBURG

REQUEST FOR QUALIFICATIONS FOR

MATERIALS TESTING & GEOTECHNICAL SERVICES

FOR STATE AND FEDERALLY FUNDED

TRANSPORTATION PROJECTS
Date Released: June 5, 2025
City of Kingsburg
1401 Draper Street
Kingsburg, California 93631
Proposals are due prior to 4:00 P.M on June 26, 2025
City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

TABLE OF CONTENTS
Request for Qualifications
On-Call Materials Testing & Geotechnical Services
for Federally Funded Transportation Projects
Request for Qualifications....................................................................................................................... 3 Project Description and Background....................................................................................................... 5 Scope of Services.............................. ...................................................................................................... 6 Schedule................................................................................................................................................... 8 Method of Payment.................................................................................................................................. 9 Appendix A: Submittal Requirements
Appendix B: Proposal Evaluation
Appendix C: Required Local Assistance Procedures Manual Exhibits Sample Cost Proposal
Exhibit 10-I Notice of Proposers DBE Information
Exhibit 10-K Consultant Certification of Contract Costs and Financial Management System Exhibit 10-O1 Consultant DBE Commitment
Exhibit 10-O2 Consultant Contract DBE Commitment
Exhibit 10-Q Disclosure of Lobbying Activities
Exhibit 15-H DBE Information - Good Faith Efforts
Certification of Indirect Costs and Financial Management System California Safe Harbor Indirect Cost Rate Program
Appendix D: Quality Assurance Program
Appendix E: Sample Contract
City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

REQUEST FOR QUALIFICATIONS

ON-CALL MATERIALS TESTING & GEOTECHNICAL SERVICES

FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS
The City of Kingsburg (CITY) is seeking qualified consulting firms to provide materials testing & geotechnical services for federally funded transportation project on an on-call basis. The response to this solicitation will be in the form of a Statement of Qualifications.

Total amount payable to the Consultant shall not exceed $250,000 and with a performance period of the contract 3 years with an option to extend 2 years (1-year extensions, no more than twice and not to exceed 5 years total).

All qualified firms interested in providing these services are invited to submit their Statement of Qualifications (SOQs). The Consultant's SOQs will be evaluated and ranked according to the criteria provided in Appendix B, "Proposal Evaluation," of this RFQ.

Addenda to this RFQ, if issued, will be sent to all prospective Consultants the CITY has specifically emailed a copy of the RFQ to and will be posted on the CITY website at: www.cityofkingsburg.ca.gov It shall be the Consultant's responsibility to check the CITY website to obtain any addenda that may be issued.

The Consultant's attention is directed to Appendix A, "Submittal Requirements." Submit three (3) hard copies and one (1) electronic copy in PDF format on a USB drive of the Consultant's SOQs. The hard copies and CD/DVD shall be received by the CITY prior to 4:00 P.M. on June 26, 2025.

SOQs shall be submitted in a sealed package clearly marked "ON-CALL MATERIALS TESTING & GEOTECHNICAL SERVICES FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS" and addressed as follows:

Mr. Daniel Galvez
Public Works Director
City of Kingsburg
1401 Draper Street
Kingsburg, California 93631
Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.

Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 4:00 P.M. on June 26, 2025.

Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

will be considered nonresponsive and rejected.

Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a consultant selection. The City reserves the right to hold interviews or make a consultant selection based solely on the Statement of Qualifications received.

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

Furthermore, a contract award may not be made based solely on price.

The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the CITY.

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

The anticipated consultant selection schedule is as follows:

Complete SOQ review and evaluation: July 3, 2025
Oral interviews (if necessary): July 9, 2025
Consultant Ranking: July 11, 2025
Cost Negotiation: July 25, 2025
Contract Award: August 6, 2025
Notice to Proceed: August 8, 2025
Agreement End Date: August 8, 2028 (unless extended)
Any questions related to this RFQ shall be submitted in writing to the attention of Mr. Daniel Galvez via email at [email protected]. Questions shall be submitted before 5:00 PM on June 13, 2025.

City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

PROJECT DESCRIPTION AND BACKGROUND
The consultant shall provide geotechnical and material testing services and follow the City of Kingsburg’s (CITY) Quality Assurance Plan (QAP) along with all pertinent State, Federal, and Local Agency rules and regulations.

This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. The CITY will execute multiple on-call contracts with several consultants for Materials Testing and Geotechnical Services for federal and state funded projects. Task Orders will be issued for specific projects based on competitive mini-RFP’s. The CITY does not guarantee a specific number or dollar amount of projects will be contracted with the listed projects.

SCOPE OF SERVICES

PURPOSE OF WORK
The CITY constructs several roadway projects every year that are state and federally funded. In order to comply with state and federal regulations and due to limited staffing and expertise, certain services are contracted out. The selected Consultant shall perform consultation, research, professional and technical services required for Construction Materials Sampling and Testing Services, including, but not limited to, fieldsampling, construction materials testing, analysis, reports, plant inspection, and work related to testing equipment calibration, on an as-needed basis. The consultant will be responsible for providing Local Agency certified field and laboratory testing on an as-needed basis. The Consultant shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. TheConsultant may provide services to Local Agency including, but not limited to, concrete, aggregates, soils, cement, metals, masonry blocks, hot mix asphalt, asphalt binder, and Independent Assurance; equipment calibrations; materials analysis & evaluation; field sampling; construction materials testing; analysis; reports; plant inspection; sampling of fresh concrete, asphalt, aggregate, soil, and other related materials; field nuclear gauge compaction tests on aggregate base, subgrade, and other related materials; core sampling of cured concrete, pavement, and other related materials; sampling of structural steel, rebar, and other related materials; field testing of concrete slump, soil compaction, and other related materials; field testing of welds, bolted connections; laboratory testing of various types of samples; special materials analysis & evaluation; provide materials information; and work related to testing equipment calibration.

The on-call quality assurance material testing work consists, in general of performing Local Agency standard field and laboratory testing to evaluate the construction contract’s compliance with the project specifications. For all testing work on federal and state aided projects, the laboratory and testing personnel must be certified by the Local Agency Independent Assurance Program. The consultant must follow all pertinent State testing requirements and the CITY adopted Quality Assurance Plan (Appendix D).

LOCATION OF WORK
Field work is required and may include night work or in remote areas within the City of Kingsburg. The consultant shall complete the laboratory testing at their own designated facility.

City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

REQUIRED SERVICES
All work performed under this contract will require approval by the CITY Contract Administrator and issued through a Task Order. A Task Order shall be requested from the Consultant to identify and refine the scope of services prior to issuing the Task Orders. The Task Order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, includingexpenses, for the specific project and to establish the completion date.

Pursuant to an authorized Task Order, the Consultant shall provide Construction Materials Testing and Geotechnical Services within the geographical jurisdiction of this Contract set forth in “Location of Work” section, and all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Consultant's services and work product. The consultant is responsible for supplying and providing all necessary equipment and protective clothing in accordance with Local Agency standards.

The potential projects may vary in scope and size and may encompass any type of improvement for the transportation system including, but not limited to, roadway rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, and construction of new facilities. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.

The consultant shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator.

The Consultant shall perform services relating to field sampling and in-situ testing of materials (collectively, "Materials Sampling and Testing Work") as required by the Local Agency Contract Manager and specified in a Task Order. The Consultant shall perform services relating to laboratory testing, analysis, and reporting of materials (collectively, "Special Materials Analysis Work") as required by the Local Agency Contract Manager and as specified in a Task Order.

The Consultant shall inspect roadway material processing plants operation during the production of Asphalt Concrete, Portland Cement Concrete, and other related materials. The Consultant shall sample and test rock and sand according to the California Test Methods and Local Agency Construction Manual. The Consultant shall also obtain samples of oil binders, cements and admixtures in accordance with the requirements of the Construction Manual. The Consultant shall visit quarries and mine pits to witness material source sampling, stockpiling and testing samples of binders, cement admixtures and other related materials.

The Consultant shall maintain a set of project files that shall be indexed in accordance with California Test Methods Manual.

The Consultant shall prepare the required calculations and reports according to CITY standards and requirements for the Materials Sampling and Testing Services work including the plant inspection services work.

The Consultant shall have access to plant and mobile laboratories to perform Materials Sampling and Testing Services. The Consultant shall provide a copy of the firm’s nuclear gauge license to Local Agency.

City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

The Consultant shall have the ability to respond in a timely and cost efficient manner to Local Agency requests for Materials Testing and Geotechnical Services work at any project locations.

QUALITY ASSURANCE TESTING SERVICES
Quality assurance materials sampling and testing work consists of performing Local Agency or ASTM test methods. The frequency and testing requirements are found in the CITY Quality Assurance Plan. Reports shall be provided to the CITY within one day of test completion via email or hand delivery. Laboratory tests shall begin the next business day after samples are received at the lab. Test reports shall indicate CITY job number, date/time sample taken, and project name. A monthly summary of tests performed by job number shall be submitted at the end of each month.

Field and laboratory testing required for assurance testing must be performed by individuals certified through the Local Agency Independent Assurance Program. Certifications demonstrating each individual’s qualification to perform any required testing shall be provided to the CITY prior to any testing work done.

The laboratory in which all necessary Local Agency tests are performed for assurance testing shall be certified through the Local Agency Independent Assurance Program. All qualifications shall be kept current at all times and shall be provided to the CITY prior to work.

The range of tests that may be required for CITY projects is provided in the CITY Quality Assurance Plan.

GENERAL PERSONNEL REQUIREMENTS
The Consultant’s personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the Consultant’s Cost Proposal and task complexity. The Consultant’s personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.

The Consultant Construction Materials Testing & Geotechnical responsible person signing analytical results, plans, designs, specifications, estimates, notes, calculations, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, other documents, other items, and deliverables under this Contract requiring the signature of a Consultant Construction Materials Testing & Geotechnical responsible person shall be currently employed by the Consultant or its Subconsultants at the time the deliverables are submitted to the Local Agency for consideration under the review and acceptance process.

The Consultant is required to submit a written request and obtain the Local Agency Contract Manager’s prior written approval for any substitutions, additions, alterations, or modifications to the Consultant’s originally proposed personnel and project organization, as depicted on the proposed Consultant’s Organization Chart or the Consultant’s cost proposals. The substitute personnel shall have the same job classification, as set forth herein or in the Consultant’s Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to Local Agency. The substitute personnel shall have significant experience in the work involving a similar transportation facility for at a minimum two (2) previous projects, unless otherwise approved by the Local Agency Contract Manager.

In responding to Local Agency Task Order and in consultation with the Local Agency Contract Manager, the Consultant Contract Manager shall identify the specific individuals proposed for the task and their job assignments. The Consultant shall provide documentation that proposed personnel meet the appropriate City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

minimum qualifications as required by this Contract.

The Consultant’s personnel shall typically be assigned to and remain on specific Local Agency projects/deliverables until completion and acceptance of the project/deliverables by Local Agency.

Personnel assigned by the Consultant shall be available at the start of a Task Order and after acceptance of the project/deliverable by Local Agency.

After the Local Agency Contract Manager’s approval of the Consultant’s personnel proposal and finalization of a Task Order, the Consultant may not add or substitute personnel without the Local Agency Contract Manager’s prior written approval.

Resumes containing the qualifications and experience of the Consultant’s and Subconsultant’s personnel, which include existing, additional, and substitute personnel, and copies of their minimum required certifications, shall be submitted to the Local Agency Contract Manager for review before assignment on a project or Task Order. The resume and copies of current certification for each candidate shall be submitted to the Local Agency Contract Manager within one (1) week of receiving the request.

The Local Agency Contract Manager may interview the Consultant’s personnel for the qualifications and experience. The Local Agency Contract Manager’s decision to select the Consultant’s personnel shall be binding to the Consultant and its Subconsultants. The Consultant shall provide adequate qualified personnel to be interviewed by the Local Agency Contract Manager within one (1) week of receiving the request.

The Local Agency Contract Manager shall evaluate the adequacy (quality and quantity) of the work performed by the Consultant’s personnel, and determining whether the deliverables satisfy the acceptance tests and criteria. The Local Agency Contract Manager may reject any Consultant personnel determined by the Local Agency Contract Manager to lack the minimum qualifications. If at any time the level of performance is below expectations, the Local Agency Contract Manager may direct the Consultant to immediately remove Consultant personnel from the project specified in a Task Order and request another qualified person be assigned as needed. The substitute personnel shall meet the qualifications required by this Contract for performance of the work as demonstrated by a resume and copies of current certifications submitted by the Consultant. Substitute personnel shall receive prior written approval from the Local Agency Contract Manager. Invoices with charges for personnel not pre-approved by the Local Agency Contract Manager for work on the Contract and for each Task Order shall not be reimbursed.

The Consultant shall not remove or replace any existing personnel assigned to Task Orders without the prior written consent of the Local Agency Contract Manager. The removal or replacement of personnel without the written approval from the Local Agency Contract Manager shall be violation of the Contract and may result in termination of the Contract.

When assigned consultant personnel is on approved leave and required by the Local Agency Contract Manager, the Consultant Contract Manager shall provide a substitute employee until the assigned employee returns to work from the approved leave. The substitute personnel shall have the same job classification, as set forth herein or in the Consultant’s Cost Proposal, not exceed the billing rate and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to Local Agency. Substitute personnel shall receive prior written approval from the Local Agency Contract Manager to work on this Contract.

Other project personnel not identified on the Consultant’s cost proposal, including, but not limited to, field and laboratory technicians, shall also satisfy appropriate minimum qualifications for assigned Task Orders.

Local Agency prior written approval is required for all personnel not identified on the Consultant’s organization chart or the Consultant’s cost proposals before providing services under this Contract.

City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

The Consultant is responsible to provide fully trained personnel to efficiently perform the work. The Consultant’s personnel may be asked to attend certain special training if recommended by the Local Agency Contract Manager. On such occasions, with the approval of the Local Agency Contract Manager, Local Agency shall compensate the Consultant for the Consultant’s actual cost for time spent in training only. All other costs, fees, and expenses associated with the training, including any transportation costs and training fees, shall be the Consultant’s responsibility. In addition, services to train the Local Agency personnel shall not be provided by the Consultant under this Contract.

In location(s) where the Consultant personnel is expected to work for extended period(s) of time, the Consultant shall either relocate the personnel or make every effort to hire local persons.

The Consultant Contract Manager shall be a Registered Professional Engineer or Metallurgical Engineer licensed in the State of California in good standing with the California State Board for Professional Engineers, Land Surveyors, and Geologists at all times during the Contract period, to perform the tasks described in this Contract and in the Task Orders and shall have a documented minimum ten (10) years of demonstrated experience acceptable to Local Agency in Construction Materials Testing and Geotechnical Services work.

In addition to other specified responsibilities, the Consultant Contract Manager shall be responsible for all matters related to the Consultant’s personnel, Subconsultants, Construction Materials Sampling and Testing Services work, and Consultant’s and Sub-Consultants’ operations including, but not limited to, the following:
a) Ensuring that deliverables are clearly defined, acceptance tested and that criteria are specific, measurable, attainable, realistic and time-bound; and that the deliverables satisfy the acceptance tests and criteria.
b) Supervising, reviewing, monitoring, training, and directing the Consultant’s and SubConsultants’ personnel. c) Assigning qualified personnel to complete the required Task Order work as specifiedon an “as-needed” basis in coordination with the Local Agency Contract Manager. d) Administering personnel actions for Consultant personnel and ensuring appropriateactions taken for Subconsultant personnel.
e) Maintaining and submitting organized project files for record tracking and auditing. f) Developing, organizing, facilitating, and attending scheduled coordination meetings,and preparation and distribution of meeting minutes.
g) Implementing and maintaining quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones. h) Assuring that all applicable safety measures are in place. i) Providing invoices in a timely manner and providing monthly Contract expenditures. j) Reviewing invoices for accuracy and completion before billing to Local Agency. k) Managing Subconsultants.
l) Managing overall budget for Contract and provide report to the Local Agency Contract Manager.
m) Monitoring and maintaining required DBE involvement. n) Ensuring compliance with the provisions in this Contract and all specific Task Order requirements.
o) Monitor the health and safety of personnel working in a hazardous environment in accordance with all applicable Federal, State, and Local regulations. p) Knowledge, experience, and familiarity with prevailing wage issues and requirements in City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

State of California.
q) Provide knowledge, experience, and familiarity Quality Control and QualityAssurance (QC/QA) for California Test Methods and laboratory.
r) Experience and capable in the review of the test reports within a reasonable timeframe of the completion of the tests to avoid delay of the field construction operation.

DELIVERABLES
As agreed upon by the CITY and consultant in a Task Order for each project.

SCHEDULE
As agreed upon the CITY and consultant in a Task Order for each project.

If Local Agency determines that the work cannot be performed during normal business hours or the work is necessary at off hours to avoid danger to life or property, the Consultant's operations may be restricted to specific hours during the week. Night work may be required on projects involving high traffic areas. The Local Agency construction contractor’s operations may be restricted to specific hours during the week, which shall become the normal workday for Consultant’s personnel. Changes in hours or schedules shall be documented by amendment of Task Orders. Any shift differential rate pay shall be reimbursed in accordance with the applicable Department of Industrial Relations (DIR) determination.

METHOD OF PAYMENT
Consultant shall be paid based on specific rates of compensation.

OTHER ON-CALL GEOTECHNICAL SERVICES
Geotechnical engineering and technical services required to support the CITY in the development and construction of CITY road and bridge projects on an as-needed basis. Method of payment for these services will be based on specified rates of compensation approved by the Contract Administrator and based on approved task orders of work.

GENERAL REQUIREMENTS

1. The Consultant shall begin the required work within two (2) working days after receiving a fully executed Task Order and the issuance of the Notice to Proceed (NTP) from the Local Agency Contract Manager to the Consultant Contract Manager or on the date specified in the Task Order.

Some work, however, may require Consultant personnel to mobilize within 24- hour of notifications. Once the work begins, the work shall be performed diligently until all required work has been completed to the satisfaction of the Local Agency Contract Manager or Local Agency designee.

2. The work shall not be performed when conditions prevent a safe and efficient operation, andshall only be performed with written authorization by Local Agency.

3. The Consultant Contract Manager may direct the Consultant’s employees to work overtime tomeet Task Order schedules at the request of the Local Agency Contract Manager. All overtimeshall be pre-approved by the Local Agency Contract Manager. Overtime shall be worked onlywhen directed in writing by the Local Agency Contract Manager and specifically required by the Task Order, and City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

shall only be paid to persons covered by the Fair Labor Standards Act.

4. All Consultant personnel are required to sign a confidentiality and nondisclosure agreement.

Local Agency shall not reimburse the Consultant for costs to relocate its personnel to the service area of this Contract. Local Agency shall not reimburse the Consultant for per diem costs, unless preapproved by the Local Agency Contract Manager. Local Agency shall not reimburse the Consultant for out-of-state travel without prior written approval from the Local Agency Contract Manager.

Local Agency shall not incur costs beyond the funding commitments in the Contract and each Task Order.

If the Consultant anticipates that funding for work will be insufficient to complete work, the Consultant shall promptly notify the Local Agency Contract Manager.

The Consultant may claim reimbursement for providing equipment or supplies. However, such claimed costs shall be in compliance with 48 Code of Federal Regulation (CFR), Chapter 1, Part 31 (Federal Acquisition Regulation - FAR cost principles) and 2 CFR, Part 200, and be consistent with the Consultant's company-wide allocation policies and charging practices with all clients including federal government, state governments, local agencies, and private clients.

The Consultant shall have and provide adequate office equipment and supplies to complete the work required by this Contract. Such equipment and supplies shall include, but not be limited to, the following:
o Office Supplies.
o Computers with appropriate software, printers, plotters, fax machines, calculators, data collectors and their necessary attachments and accessories. o Data processing systems, software packages, reference materials, or other tools, including hardware and software, used in providing deliverables. This includes, but not be limited to, the following:
▪ Microsoft Office Software (including, but not limited to, Word, Excel, PowerPoint).
▪ Adobe Acrobat Professional version 5 or later.
▪ Recording test data.
▪ Calculating test results.

The Consultant shall provide all necessary tools, instruments, equipment, materials, supplies, and safety equipment required to perform the work identified in each Task Order and this Contract accurately, efficiently, and safely. The Consultant’s personnel shall be fully trained in the use of such necessary tools, instruments, equipment, materials, supplies, and safety equipment. The Consultant shall not be reimbursed separately for tools of the trade, which may include, but not be limited to, the above-mentioned equipment.

If the Consultant fails to submit the required analytical results, plans, designs, specifications, estimates, notes, calculations, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, deliverables, backup documents, other documents, and otheritemsrequired by thisContract and any approved Task Order, Local Agency shall have the right to withhold payment and/or terminate this Contract in accordance with the termination provisions of this Contract. If the Contract is terminated, the Consultant shall, at Local Agency’ request, return all materials recovered or developed by the Consultant under the Contract including, but not limited to, photos, field notes, computer data files, maps, artifact collections, catalogs, analytical results, plans, designs, specifications, estimates, notes, calculations, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, deliverables, backup documents, other documents, and other items required by this Contract.

City of Kingsburg Request for Qualifications – On-Call Geotechnical Services

LABORATORY STANDARDS
When the Consultant is providing construction materials testing during construction, failing tests shall be reported immediately to the Local Agency Contract Manager.

All test documents produced by the Consultant shall be certified (signed and stamped) by the Laboratory Manager. In the absence of the Laboratory Manager, certification shall be made by an Acting Laboratory Manager who is a Registered Professional Civil Engineer licensed in the State of California in good standing with the California State Board for Professional Engineers, Land Surveyors, and Geologists at all times during the Contract period. All test results shall be recorded on the appropriate forms as prescribed in the Local Agency California Test Methods.

The Consultant shall certify in writing that each tester is qualified to perform the required tests and plant field engineering according to the current procedures described in the Local Agency California Test Methods.

The Consultant shall have a program in effect during the entire time work is being performed under Contract to train personnel and arrange achievement of the required certifications.

The Consultant shall maintain an inventory of the testing equipment (listing the manufacturer, model, serial number, calibration and tolerances).

Local Agency and the Federal Highway Administration (FHWA) reserve the right to periodically review field testing and sampling in progress at job sites and laboratory facilities by Consultant personnel.

The Consultant shall have a quality control plan in effect for the duration of work being performed under the Contract. This plan shall include quality control, quality assurance and equipment calibration programs for the Consultant’s main laboratory and for any satellite or project laboratories.

If any laboratory work is to be subcontracted, the Subconsultant’s laboratory shall meet the same requirements as the Consultant’s laboratory.

MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified in this Contract, the Consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order.

Local Agency shall not pay the Consultant for the Consultant’s work under this Contract and the charges incurred by the Consultant that does not conform to the requirements specified in this Contract and to the applicable Task Order, and such work shall be corrected at the Consultant’s sole expense at no additional cost to Local Agency.

METHOD OF PAYMENT
Lump Sum Fee. The Consultant performs the services stated in the Task Order for a lump sum fee as compensation, including a net fee or profit. The lump sum fee will be based on the Specific Rates of Compensation agreed upon by the City and Consultant.

City of Kingsburg Request for Qualifications- On-Call Geotechnical Services for State & Federally Funded Transportation Projects

APPENDIX A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of Statement of Qualifications (SOQ's) by all Consultants. The intent of these guidelines is to assist Consultants in preparation of their qualifications, to simplify the review process, and to help assure consistency in format and content.

SOQ's shall contain the following information in the order listed:

1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:

Mr. Daniel Galvez
Public Works Director
City of Kingsburg
1401 Draper Street
Kingsburg, California 93631
The letter shall be on Consultant letterhead and include the Consultant's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the Consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.

The letter shall be wet-signed in blue ink by the individual authorized to bind the Consultant to the proposal.

2. Executive Summary

3. Consultant Information, Qualifications & Experience
The CITY will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information:

1. Contracting agency

2. Contracting agency Project Manager

3. Contracting agency contact information

4. Contract amount

5. Funding source

6. Date of contract

7. Date of completion

8. Consultant Project Manager and contact information

9. Project Objective

10. Project Description

11. Project Outcome

4. Organization and Approach

1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this project. Provide a list of all laboratory and field testing and CITY certification, segregating tests to be performed by a subconsultant.

City of Kingsburg Request for Qualifications- On-Call Geotechnical Services for State & Federally Funded Transportation Projects

2. Describe your project and management approach. Provide a detailed description of how the team and scope of work will be managed.

3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Consultant. Key members, especially the Project Manager, shall have significant demonstrated experience with this type of project, and should be committed to stay with the project for the duration of the project.

5. Past Experience on City Projects
Include a description of past City projects (maximum of five) in which your firm has been involved, including the following:
a. Project Description
b. Year of Completion
c. Construction Cost (or Consultant cost if not an infrastructure project) d. City Contact

6. Staff Availability
Demonstrate that the Consultant's Program Manager and project staff have sufficient availability and/or that Consultant has sufficient resources to timely deliver CITY'S federal and state funded transportation projects.

7. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing materials testing & geotechnical services under a contractual relationship with a construction contractor(s) on any CITY project related to this solicitation.

Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any engineering services including claim services, Lead Project Management services and/or other related services provided to all other clients on any CITY project related to this solicitation.

In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.

The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. CITY will use this documentation to determine whether the firm may work on specific projects.

If a Consultant discovers a conflict during the execution of an assigned task order, the Consultant must immediately notify the CITY Contract Administrator regarding the conflicts of interest. The CITY Contract Administrator may terminate the Task Order involving the conflict of interest and CITY may obtain the conflicted services in any way allowed by law. Failure by the Consultant to notify CITY Contract Administrator may be grounds for termination of the contract.

8. Litigation
Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.

City of Kingsburg Request for Qualifications- On-Call Geotechnical Services for State & Federally Funded Transportation Projects

9. Contract Agreement
Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Appendix C.

The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR 16.301-3, 2 CFR 200, and 48 CFR 31.

10. Federal-Aid Provisions
The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to Local Assistance Procedures Manual Exhibit (LAPM) Exhibit 10- R, A&E Sample Contract Language, Exhibit 10-U, Consultant in Management Position Conflict of Interest Statement, and Exhibit 10-I, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the forms listed in Appendix D with this proposal to be considered responsive. If this contract includes a consultant in a management support role, the process for approving the consultant must be followed. Reference LAPM Chapter 10 and Exhibit 10-U, Consultant in Management Position Conflict of Interest.

This solicitation is financed in whole or in part and therefore subject to Title 49, Code of Federal Regulations, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, a DBE participation is required. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified by the California Unified Certification Program (CUCP) and possess the work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. For a list of work codes, go to: https://caltrans.dbesystem.com/.

It is the proposer's responsibility to verify that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. For a list of DBEs certified by the CUCP, go to: https://caltrans.dbesystem.com/.

Reference "Statement of Qualifications Submittal Requirements" for detailed information and references to the required forms. Required forms will be made part of the agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive.

Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. All consultants and subconsultants who bid or work on public works projects must register with the Department of Industrial Relations (DIR).

Consultants shall complete and submit with their proposal the following forms:
• Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-O1). The local agency’s current contract DBE Goal is [3%].
• DBE Information - Good Faith Effort (LAPM 15-H) – Required only if DBE goal is not achieved.

It is recommended that proposer prepare and submit a GFE irrespective of meeting the DBE goal. • Disclosure of Lobbying Activities (LAPM 10-Q)
Upon award and through completion of the project, the successful proposing Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms at the time of award:

City of Kingsburg Request for Qualifications- On-Call Geotechnical Services for State & Federally Funded Transportation Projects
• Local Agency Proposer DBE Information (Consultant Contracts) (LAPM 10-02) • Any other relevant forms required during the project.

Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Local Assistance and Local Assistance Procedures Manual.

11. Fee Schedule
The Consultant performs the specific items of work for services stated in the contract. The method of payment is lump sum fee for each individual project identified through task order. Items not categorized shall be reimbursed using specified rates of compensation.

In order to assure that the CITY is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the proposal shall include a fee schedule for each service to be provided. Proposing Consultants will be required to submit certified payroll records, as required. Fee schedules shall be submitted in a separate sealed envelope from the proposal. The fee schedule is confidential and will remain sealed until all proposals have been reviewed, and the most qualified consultant has been selected. The top ranked consultant’s fee schedule is opened just prior to negotiations. All others are returned unopened after contract execution.

Selected Consultant shall comply with Chapter 10.1.3 of the Local Assistance Procedures Manual regarding the A&E Consultant Contract Audit and Review process. A pre-award or post-award may be performed on any contract issued as a result of this RFQ. Financial Document Review Request form must be completed and approved by the Independent Audits and Investigations (IOAI) prior to contract execution.

12. Required Forms
Required forms are listed in Appendix C and can be found at: https://dot.ca.gov/programs/localassistance/ forms/local-assistance-procedures-manual-forms. All listed forms must be completed, signed (if applicable), and included in the SOQ package.

City of Kingsburg Request for Qualifications- On-Call Geotechnical Services for State & Federally Funded Transportation Projects

APPENDIX B- PROPOSAL EVALUATION
Evaluation Process
All submittals will be evaluated by the CITY's Selection Committee. The Committee may be composed of CITY staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the CITY Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.

The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ.

Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the CITY's requirements as set forth in this RFQ.

The selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.

Consultants invited to interviews will be required to submit cost proposals in sealed envelopes during the interview. Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

Evaluation Criteria
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating.

The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project is five hundred (500) points.

Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFQ specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal. 1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFQ. 2 Fair Has a reasonable probability of success, however, some objectives may not be met. 3 Average
Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above
Average /
Good
Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFQ requirements and expectations. 5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification.

City of Kingsburg Request for Qualifications- On-Call Geotechnical Services for State & Federally Funded Transportation Projects
The Evaluation Criteria Summary and their respective weights are as follows:

No. Written Evaluation
Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 40
3 Organization & Approach 15
4 Experience on Similar Projects 20
5 Staff Availability 10
6 Conflict of Interest Statement Pass/Fail
7 References 15
Subtotal: 100
No.

Interview Evaluation Criteria
(if necessary) Weight
9 Presentation by team 10
10 Q&A Response to panel
questions 15
Subtotal: 25
Total(if interviews are necessary): 125

1. Completeness of Response (Pass/Fail)
a. Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.

2. Qualifications & Experience (30 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and subconsultants to conduct Materials Testing & Geotechnical engineering services on both federal and non-federal aid projects.

3. Organization & Approach (20 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s). iii. Overall organization of the team is relevant to CITY needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects. This person's time is appropriately committed to the project. ii. Team successfully addresses Site Planning and Programming efforts. iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.

City of Kingsburg Request for Qualifications- On-Call Geotechnical Services for State & Federally Funded Transportation Projects
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with CITY
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decision making process.
iii. Proposal responds to need to assist CITY during the project.

4. Experience on Similar Projects (20 points)
a. Consultant demonstrates experience with performance of services on municipal projects similar in nature to those related to this solicitation.
b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with federally funded project development procedures.

5. Staff Availability (10 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely delivery projects.

6. Conflict of Interest Statement (Pass/Fail)
a. Discloses any financial, business or other relationship with the CITY that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.

7. References (15 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.

8. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.

9. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.

APPENDIX C - REQUIRED SOQ FORMS
Required from Caltrans’ Local Assistance Procedures Manual Chapter 10 and 15 https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms • Sample Cost Proposal
• Exhibit 10-I: Notice to Proposers DBE Information
• Exhibit 10-O1: Consultant Proposal DBE Commitment
• Exhibit 10-02: Consultant Contract DBE Commitment
• Exhibit 10-Q: Disclosure of Lobbying Activities
• Exhibit 10-U: Consultant in Management Support Role - Conflict of Interest and Confidentiality Statement
• Exhibit 15-H: Proposer/Contractor Good Faith Efforts
• Certification of Indirect Costs and Financial Management System • California Safe Harbor Indirect Cost Rate Program
D-1

COST PROPOSAL
COST PROPOSAL 2

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Project No. Contract No. Contract Amount $ Date
For Combined Rate
Fringe Benefit % + General &Administrative % = Combined ICR% OR
For Home Office Rate
Fringe Benefit % + General &Administrative % = Home Office ICR% For Field Office Rate
Fringe Benefit % + General &Administrative % = Field Office ICR% Fee = %

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1 Hourly Billing Rates2
Straight3 OT(1.5x) OT(2x)
Effective Date of Hourly Rate
From To
Actual or Avg.

Hourly Rate4
% or $
Increase
Hourly Range -
for Classifications Only
John Doe – Project Manager * $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Civil Engineer II $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Sue Jones – Construction $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer/Inspector $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% Engineer I $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Buddy Black – Claims Engineer $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer III $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Land Surveyor ** $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00 - $00 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00 - $00 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00 - $00 Technician $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00 - $00 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00 - $00 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00 - $00 (Add pages as necessary)
NOTES:

D-2

COST PROPOSAL

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

2. The cost proposal format shall not be amended.

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

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

COST PROPOSAL 2

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant ☐ Prime Consultant ☐ Subconsultant
Project No. Contract No. Date
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs $ $
Equipment Rental and Supplies $ $
Permit Fees $ $
Plan Sheets $ $
Test $ $
Vehicle $ $
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
Subconsultant 5: $
Note: Add additional pages if necessary.

NOTES:

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

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

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

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

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

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

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

D-3

COST PROPOSAL

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

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

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Local Assistance Procedures Manual Exhibit 10-I
Notice to Proposers DBE Information

January 2025
Exhibit 10-I: Notice to Proposers DBE Information
(federally funded projects only)
The Local Public Agency (LPA) has established a DBE goal for this Contract of ____________%

1. TERMS AS USED IN THIS DOCUMENT
• The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term “Agreement” also means “Contract.”
• LPA also means the local entity entering into this contract with the Contractor or Consultant. • The term “Small Business” or “SB” is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (see 49 CFR 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs).

The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-O1: Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation must be collected and reported.

Exhibit 10-O2: Consultant Contract DBE Information must be included in best qualified consultant’s executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

Local Assistance Procedures Manual Exhibit 10-I
Notice to Proposers DBE Information

January 2025

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer must list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. COUNTING DBE PARTICIPATION
Materials or supplies purchased from DBEs count towards the DBE goal under the following conditions:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment must be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services

6. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please email [email protected] for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website. For guidance on how to search for certified firms using the CUCP database, please visit: DBE Goal Setting | Caltrans

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. 21. Local Agency Representative's Signature 22. Date

23. Local Agency Representative's Name 24. Phone

25. Local Agency Representative's Title
Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION

10. DBE %
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

LPP 18-01 Page 2 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE:  7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION

20. Local Agency Contract
Number:

21. Federal-Aid Project Number:

22. Contract Execution
Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

23. Local Agency Representative's Signature 24. Date

25. Local Agency Representative's Name 26. Phone

27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

15. Preparer's Signature 16. Date

17. Preparer's Name 18. Phone

19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

July 23, 2015
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.

SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

July 23, 2015
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.

The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.

11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

14. Check all boxes that apply. If other, specify nature.

15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

16. Check whether or not a continuation sheet(s) is attached.

17. The certifying official shall sign and date the form, and print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04

LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND C 1 ONFIDENTIALITY STATEMENT
RFP/RFQ PROCUREMENT NUMBERS (if applicable):

PROJECT NAME (and FPN, if applicable)2
:

APPLICABILITY: To be filled out by local agency consultants in management support role. □ I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
□ I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
□ I hereby certify as follows:

1. I recuse myself from all potential conflicts of interest.

2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.

3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.

4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.

Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.

5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
□ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) □ I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.

January 2018

Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
□ I have read and fully understand all of the above.

Date: __________________ Signature: ________________________________________ Name: ___________________________________________
Title: ____________________________________________
Consultant Firm/Sole Proprietor: _____________________________

REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY

REPRESENTATIVE
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:
□ That the foregoing named local agency consultant who is under contract and in a management support role with our local agency, abides by the foregoing terms and conditions; □ That should the foregoing named local agency consultant, who is under contract and in a management support role with our local agency, violate any of the foregoing terms and conditions, the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds. □ The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .

Date: __________________ Signature: ________________________________________ Name: ___________________________________________
Title: ____________________________________________
Department/Local Agency: _____________________________

January 2018

Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement

REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.
□ I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement. □ I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.

Date: __________________ Signature: _________________________________ Name: ____________________________________
Position: __________________________________
Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval

January 2018

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ___% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:

Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates

May 2020

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

May 2020

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:

May 2020
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate (ICR):

Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):

Facilities Capital Cost of Money (if applicable):

Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.

Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):

Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name:** Title**:

Signature: Date:

Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
2 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 1
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Consultant Firm Name _____________________________________________________________ Local Agency (if applicable) _______________________________________________________ Contract Number / Federal Project Number ________________________________________ Contract Total $ ___________________________________________________________________ For Subconsultant Firms – estimated % of work to be performed ____________________ % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).

Consultant Firm Certification of Eligibility
I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as I:

1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.

2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.

AND

1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.

2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.

Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 2
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs.

Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.

Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor.

Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.

Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.

References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.

Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.

Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.

Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.

Title 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.

American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).

California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 3
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm’s Financial Management System.

California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 4
Questionnaire for Evaluating Consultant Firm’s Financial Management System
Consultant Firm Name _____________________________________________________________ Firm Headquarters Address _________________________________________________________ _________________________________________________________ Accounting Records
• Location where Accounting records are held ________________________ • Name and Title _____________________________________________________ • Email and Phone ____________________________________________________ • Mailing Address _____________________________________________________ ____________________________________________________
To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm’s financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.

Instructions

1. Answer all questions and provide an explanation and additional supporting documentation where requested.

2. If additional space is required, please attach a separate sheet and refer to items being answered by number.

Has the Firm developed an indirect cost rate in the past? Yes ____ No ___ If “Yes”, you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.

Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes ____ No ___ Or Local Government contract > $1M, regardless of the participation Amount?
If “Yes”, you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.

California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 5

1. What form of business entity is the Firm?
Sole Proprietorship ___ Partnership ____ C Corporation __ S Corporation __ Other __________________________________________________

2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services ____ Program Management ____ Preliminary Engineering ____ Design Engineering ____
Surveying ____ Feasibility Studies ____
Mapping or Architectural Related Services ____ Other _____________________

3. Does the Firm have prior government contracting experience? Yes ____ No ____

4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes ___ No _____ Non-Labor Yes ____ No ____

5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes_____ No ____

6. Does the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes _____ No _____

7. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes _____ No _____
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 6

8. Do you have written policies on the following cost categories? Accounting Yes ___ No ____ Overtime Yes _____ No ____
Billing Yes ___ No ____ Direct/Indirect Expenses Yes _____ No ____ Timesheet Preparation Yes ___ No ____ Prevailing Wage Yes _____ No ____ Bonus Yes ___ No ____

9. What types of employee status will the Firm provide for this contract? Non-exempt ____ Exempt-salaried ___ Exempt-hourly ___ Contract Employee ___ Other __________________________________________________

10.Does the Firm pay overtime for exempt employees?
Yes _____ No ___

11.Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle _____ Shipping ______
Computer/CADD _____ Lab ______
Printing _____ Travel ______
Specialty Equipment ____
(List below)
Other (List below) ______
_________________________________ ______________________________

12. Are mileage logs maintained for all vehicles? If no, please explain below.

Explanation _____________________________________________________________________ Where is the vehicle stored after work? ___________________________________________ Does employee use vehicle for personal use? Yes ______________________ No_______ What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ ________ per mile
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 7
I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate.

Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.

APPENDIX D – QUALITY ASSURANCE PROGRAM

CITY OF KINGSBURG

PUBLIC WORKS DEPARTMENT

QUALITY ASSURANCE PROGRAM (QAP)
2024

QUALITY ASSURANCE PROGRAM (QAP)

CITY OF KINGSBURG
The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program is in conjunction with the Caltrans documents “Quality Assurance Program Manual for Use by Local Agencies” and “Local Assistance Procedures Manual” Section 16.14 Quality Assurance Program for off the National Highway System (NHS) and off the State Highway System (SHS). This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used:

DEFINITION OF TERMS
• Acceptance Testing (AT) - Sampling and testing, or inspection, to determine the degree of compliance with contract requirements.
• Independent Assurance Program (IAP) – Verification the AT is being performed correctly by qualified testers and laboratories.
• Quality Assurance Program (QAP) – A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP.
• Source Inspection – AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location.

MATERIALS LABORATORY
The City of Kingsburg will use a private consultant materials laboratory to perform AT on Federal-aid and other designated projects. The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall certify the results of all the tests performad by laboratory personnel under the Engineer’s supervision. The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of the QAP.

The materials laboratory used shall provide documentation that the laboratory complies with the following procedures:

1. Correlation Testing Program - The materials laboratory shall be a participant in one or more of the following programs:
a. AASHTO Materials Reference Laboratory (AMRL)
b. Cement and Concrete Reference Laboratory (CCRL)
c. Caltrans’ Reference Sample Program (RSP)

2. Certification of Personnel – The materials laboratory shall employ personnel who are certified by one or more of the following:
a. Caltrans Independent Assurance Program
b. Nationally recognized non-Caltrans organizations such as American Concrete Institute, Asphalt, National Institute of Certification of Engineering Technologies, etc.
c. Other recognized organizations approved by the State of California and/or Recognized by local governments or private associations.

3. Laboratory and Testing Equipment – The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP.

ACCEPTANCE TESTING (AT)
AT will be performed by a materials laboratory certified to perform the required tests. The tests results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications.

Testing methods will be in accordance with the CT methods or a national recognized standard (i.e., AASHTO, ASTM, etc.) as specified in the contract specifications.

Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in attachment #1 (modified version of Appendix D, “Acceptance Sampling and testing Frequencies” of the QAP Manual).

INDEPENDENT ASSURANCE PROGRAM (IAP)
“REQUIRED FOR ALL FEDERAL PROJECTS”
IAP shall be provided by personnel from Caltrans (when California Test Method is used), or the City’s consultant certified materials laboratory. IAP will be used to verify that sampling and testing procedures are being performed properly and the all testing equipment is in good condition and properly calibrated.

IAP personnel shall be certified in all required testing procedures, as part of IAP, and shall not be involved in any aspect of AT.

IAP shall be performed on every type of materials test required for the project. Proficiency tests shall be performed on Sieve Analysis, Sand equivalent, and Cleanness Value tests. All other type of IAP shall be witness tests.

Poor correlation between acceptance tester’s results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases unresolved discrepancies, a complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the City of Kingsburg. IAP samples and tests are not to be used for determining compliance with requirements. Compliance with contract requirements is determined only by AT.

REPORTING ACCEPTANCE TESTING RESULTS
The following are time periods for reporting material tests to the Resident Engineer:
• When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 24 hours after sampling.
• When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Resident Engineer within 24 hours after sampling. • When soil and aggregate are sampled at the job Site:
o Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 72 hours after sampling. o Test results for “R” Value and asphalt concrete extraction should be submitted to the Resident Engineer within 96 hours after sampling.

When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB), hot mix asphalt (HMA), and other materials; the time of such sampling shall be varied with respect to the time of the day insofar as possible, in order to avoid a predictable sampling routine. The reporting of AT results, if not performed by the Resident Engineer’s staff shall be done on an expedited basis such as by fax of telephone.

TESTING OF MANUFACTURED MATERIALS
During the design phase of the project, the Project Engineer may decide that “Source Inspection” is required. The City of Kingsburg will hire an independent testing laboratory to perform Source Inspections if needed. Source inspections will only be required for structurally manufactured and prefabricated materials.

A list of materials that can be typically accepted on the basis of certificates of compliance during construction is found in attachment #2 (Appendix F of the QAP Manual). All certificates of compliance shall conform to the requirements of the specifications, for an example see attachment #3 (Appendix J of the QAP Manual).

PROJECT CERTIFICATION
Upon completion of a Federal-aid project, a “Materials Certificate” shall be completed by the Resident Engineer. The City of Kingsburg shall include a “Materials Certificate” in the report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the “Materials Certificate” shall also be included in the City of Kingsburg’s construction records. The Resident Engineer in charge of the construction function for the City of Kingsburg shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the “Materials Certification”, including changes by virtue of contract change orders. See attachment #4 (Appendix K of the Caltrans QAP Manual) for an example.

RECORDS
All material records of samples and test, materials releases and certificates of compliance for the construction project shall be incorporated into the residents Engineer’s project file. If a Federal-aid project:
• The files shall be organized as described in Section 16.8 “Project Files” of the Caltrans Local assistance Procedures Manual.
• It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. • The project files shall be available for at least three years following the date of final project voucher.
• The use of a “Log Summary,” as shown in Attachment #5, Appendix H of the Caltrans QAP Manual, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Resident Engineer in tracking the frequency of testing.

When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records.

This City Of Kingsburg Quality Assurance Program document superseded other herein reference Quality Assurance Programs for off the National Highway system (NHS) and off the State Highway System (SHS) projects.

APPROVED BY:___________________________ C52685 12/31/2024 (Signature) (CE # and Expiration Date)
NAME: David Peters DATE: 5/16/2024
TITLE: City Engineer City of Kingsburg
Materials to be Sampled
or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Road Subgrade One Random Location
for every 2,000 Sq ft
Take at least one sample per project ASTM D2922
CT 231
AASHTO T239
This test determines field densities using the
nuclear gage.

Subgrade under Curb and
Gutter
One random location
for every 150' of curb
and gutter
Take at least one sample per project ASTM D2922
CT 231
AASHTO T240
This test determines field densities using the
nuclear gage.

Subgrade under Wheel
chair ramps and
sidewalks.

Inspector will approve compaction
based on visual inspection. Test if
necessary.

Aggregate Base One Random Location
for every 2,000Sq ft
Submittals and Certificate of
Compliance will be acceptable for
material compliance. Take at least
one test per project.

ASTM D2922
CT 231
AASHTO T240
This test determines field densities using the
nuclear gage.

Asphalt Concrete Sample any location
(random basis)
Submittals and Certificate of
Compliance will be acceptable for
material compliance. Obtain one
sample during every day of
production of 800 tons or more.

ASTM D2950 CT
375
This Test determines the nuclear field density of
in-place asphalt concrete
Asphalt Concrete One 10-lb sample Obtain one sample during every day of production of 1500 tons or more.

ASTM D1560
D1561
CT 366
AASHTO T246,
This test determines the stability value of
asphalt concrete
Freshly-Mixed Misc.

Concrete
Submittals and Certificate of
Compliance will be acceptable for
sidewalks, Curb & Gutters and Wheel
chair ramp concrete.

Testing may be done at the discretion of the
inspector or Resident Engineer
Appendix D - Acceptance Sampling and Testing Frequencies Materials to be Sampled
or Tested
Sample Size Sampling/Testing Frequency Typical Test
Methods
Description or Comments
Appendix D - Acceptance Sampling and Testing Frequencies Freshly Mixed Structural
Concrete
Approx 150 lb near
Mixer discharge
Submittals and Certificate of
Compliance will be acceptable for
material compliance. Fabricate at
least two concrete cylinders per
project. Test for compressive
strength at least once for each 500 to
1000 cuyd of structural concrete.

ASTM C39
CT 521
AASHTO T22
This test is used to fabricate 6" x 12" concrete
cylinders. Compressive strengths are
determined, when needed.

Seal Coat This item may be accepted using a
Certificate of Compliance
Slurry Seal This item may be accepted using a
Certificate of Compliance
Striping This item may be accepted using a
Certificate of Compliance

Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix F - Construction Materials Accepted by a Certificate of Compliance *
Soil Amendment
Fiber
Mulch
Stabilizing Emulsion
Plastic Pipe
Lime
Reinforcing Steel
Structural Timber and Lumber
Treated Timber and Lumber
Timber and Lumber
Culvert and Drainage Pipe Joints
Reinforced Concrete Pipe
Corrugated Steel Pipe and Corrugated Steel Pipe Arches
Structural Metal Plate Pipe Arches and Pipe Arches
Perforated Steel Pipe
Polyvinyl Chloride Pipe and Polyethylene Tubing
Steel Entrance Tapers, Pipe Down drains, Reducers, Coupling Bands and Slip Joints Aluminum Pipe (Entrance Tapers, Arches, Pipe Down drains, Reducers, Coupling Bands and Slip Joints) Metal Target Plates
Electrical Conductors
Portland Cement
Minor Concrete
Waterstop
* If Caltrans Standard Specifications May 2006 is part of contract specifications.

Note: Usually these items are inspected at the site of manufacture or fabrication and reinspected after delivery to the job site.
32 Action
Taken
5/15/07 231 1+ 00 (30’ L) 99.00 93 90 or greater Passed N/A 5/16/07 231 1+ 50 (20’ R) 100.50 94 90 or greater Passed N/A 5/17/07 231 2+ 25 (25’ R) 101.00 96 90 or greater Passed N/A 5/18/07 231 1+ 50 (30’ L) 101.50 95 95 or greater Passed N/A 5/19/07 231 2+ 50 (20’ L) 102.00 92 * 95 or greater Failed See Note 1 5/19/07 231 2+ 50 (20’ L) 102.00 95 95 or greater Passed N/A Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix H - Example of a Log Summary Sheet
Subgrade Materials
Date CT Station Elevation Test
Results
Minimum
Spec.

Passed
or Failed
Action
Taken
5/15/07 231 1+ 00 (30’ L) 99.00 93 90 or greater Passed N/A 5/16/07 231 1+ 50 (20’ R) 100.50 94 90 or greater Passed N/A 5/17/07 231 2+ 25 (25’ R) 101.00 96 90 or greater Passed N/A 5/18/07 231 1+ 50 (30’ L) 101.50 95 95 or greater Passed N/A 5/19/07 231 2+ 50 (20’ L) 102.00 92 * 95 or greater Failed See Note 1 5/19/07 231 2+ 50 (20’ L) 102.00 95 95 or greater Passed N/A CT 231 = Compaction (Nuclear Gage)
* Note 1: The Contractor used a water tank to dampen the soil surface at the failed subgrade location. Using a sheep’s foot compactor, he reworked the subgrade (making at least 10 passes) from Station 2+ 00 to Station 3+ 00. After approximately 30 minutes, another compaction test was taken. This time the relative compaction was 95.

Aggregates and Base Materials
Date CT Station Elevation Test Results Minimum
Spec.

Passed
or Failed
Action
Taken
6/20/07 202 1+ 00 (10’ R) 102.50 See data
sheet
See data sheet Passed N/A
6/20/07 202 2+ 00 (20’ L) 102.50 See data
sheet
See data sheet Passed N/A
6/22/07 217 1+ 00 (10’ R) 102.50 75 25 or greater Passed N/A 6/22/07 217 2+ 00 (20’ L) 102.50 83 25 or greater Passed N/A 6/20/07 227 1+ 00 (20’ R) 102.50 86 71 or greater Passed N/A 6/20/07 227 1+ 50 (20’ L) 102.50 85 71 or greater Passed N/A 6/24/07 231 2+ 00 (20’ R) 102.50 98 95 or greater Passed N/A 6/24/07 231 2+ 50 (20’ L) 102.50 97 95 or greater Passed N/A CT 202 = Sieve Analysis, CT 217 = Sand Equivalent, CT 227 = Cleanness Value, CT 231 = Compaction (Nuclear Gage)
34 Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix H (continued)
Hot Mix Asphalt
Date CT Station Elevation Test Minimum Passed or Action Results Spec. Failed Taken
7/10/07 339 1+ 00
(10’ R)
103.00 0.08 gal/
sq yd

0.05 -0.10
gal/sq yd
Passed N/A
7/10/07 366 2+ 00
(20’ L)
103.00 32 >23 Passed N/A
7/10/07 366 1+ 00
(10’ R)
103.00 41 >23 Passed N/A
7/10/07 375 2+ 00
(20’ L)
103.00 94 RC = 93 to
97 Passed N/A
7/15/07 375 1+ 00
(20’ R)
103.00 96 RC = 93 to
97 Passed N/A
7/15/07 375 1+ 50
(20’ L)
103.00 95 RC = 93 to
97 Passed N/A
CT 339 = Distributor Spread Rate, CT 366 = Stabilometer Value CT 375 = In-Place Density & Relative Compaction
Portland Cement Concrete
Date CT Station Elevation Test Minimum Passed or Action Results Spec. Failed Taken
9/25/07 504 10 + 50
(50’ R)
102.50 6.5% >6.0% Passed N/A
9/25/07 533 12 + 50
(50’ R)
102.50 1.5” <2” Passed N/A
9/25/07 518 11 + 50
(50’ R)
102.50 151 lb/cu ft > 145 lb/cu
ft
Passed N/A
9/25/07 521 10 + 50
(50’ R)
102.50 28 day =
4200 psi
>3800 psi Passed N/A
9/28/07 521 11 + 50
(50’ R)
102.50 28 day =
4290 psi
>3800 psi Passed N/A
9/30/07 521 12 + 50
(50’ R)
102.50 28 day =
4160 psi
>3800 psi Passed N/A
CT 504 = Air Content, CT 518 = Unit Weight, CT 521 = Compressive Strength, CT 533 = Ball Penetration
35 Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.1 - Example of a Vendor’s Certificate of Compliance 36 This is to certify that the
Portland Cement .

Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.2 - Example of a Certificate of Compliance for Portland Cement (continued)
This is to certify that the
Portland Cement .

Supplied by ABC Cement Company complies with all
requirements for Type II Portland Cement when tested in accordance with ASTM C - 494.

Local Agency Project No. Albert Howakowa
HP21L – 5055 – 111 Quality Assurance Engineer
ABC Cement Company
Date: 07/07/07 .
37 Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K - Examples of Materials Certificates/Exceptions (Signed by the Resident Engineer at the Completion
of the Project)
Federal-aid Project No.: Project HP21L – 5055 – 111
Subject: Materials Certification
This is to certify that the results of the tests on acceptance samples indicate that the materials incorporated in the construction work and the construction operations controlled by sampling and testing were in conformity with the approved plans and specifications.

All materials exceptions to the plans and specifications on this project are noted below.

No exceptions were found to the plans and specifications on this project.

Bill Sanders_________ Bill Sanders 7/7/07
Resident Engineer (Print Name) Resident Engineer (Signature) (Date) Note: The signed original of this certificate is placed in the Resident Engineer’s project files and one copy is mailed to the DLAE and filed under “Report of Expenditures.” See the attachment (next page)
38 Action Taken
Slump Test Concrete
Sidewalk
8 1 When the measured slump exceeded the
maximum limit, the entire concrete load was
rejected.

Sand
Equivalent
Aggregate
for Structural
Concrete
10 1 The tested S.E. was 70 and the contract
compliance specification was 71 minimum.

However, the concrete 28-day compressive
strength was 4800 psi. The concrete was
considered adequate and no materials
deductions were taken.

Compaction Sub grade
Material
12 1 One failed test was noted. The failed area was
watered and reworked. When this was
completed, a retest was performed. The retest
was acceptable.

Compaction Hot Mix
phalt
12 1 One failed area was noted. It was reworked
and retested. The second test met
specifications.

Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K (continued)
Attachments: Materials Exceptions (Acceptance Testing)
Type of
Test
Description
of Work
Total Tests
Performed On
the Project
Number
of Failed
Tests
Action Taken
Slump Test Concrete
Sidewalk
8 1 When the measured slump exceeded the
maximum limit, the entire concrete load was
rejected.

Sand
Equivalent
Aggregate
for Structural
Concrete
10 1 The tested S.E. was 70 and the contract
compliance specification was 71 minimum.

However, the concrete 28-day compressive
strength was 4800 psi. The concrete was
considered adequate and no materials
deductions were taken.

Compaction Sub grade
Material
12 1 One failed test was noted. The failed area was
watered and reworked. When this was
completed, a retest was performed. The retest
was acceptable.

Compaction Hot Mix Asphalt 12 1 One failed area was noted. It was reworked and retested. The second test met
specifications.

Bill Sanders Bill Sanders July 4, 2007
Resident Engineer (Print Name) Resident Engineer (Signature) Date 39 APPENDIX E – SAMPLE CONTRACT
City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services

APPENDIX E- SAMPLE CONTRACT

CONSULTANT SERVICES CONTRACT
(For Local Assistance Federal-aid Projects)
THIS CONSULTANT SERVICES CONTRACT (the "contract") is entered into as of the day of , 2025 by and between the CITY OF KINGSBURG, herein called the "CITY", and , herein called the "CONSULTANT'.

Recitals
A. CITY desires to obtain contract services in connection with the B. CONSULTANT hereby warrants to the CITY that CONSULTANT is skilled and able to provide such services described in this contract.

C. CITY desires to retain CONSULTANT pursuant to this contract to provide the services described herein.

Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

ARTICLE II.

INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY:

The name of the "CONSULTANT" is as follows:
_.

Incorporated in the State of _____________________ .

The Project Manager for the "CONSULTANT" will be ___________________________.

The name of the "CITY" is as follows: CITY OF KINGSBURG, a California municipal corporation.

The Contract Administrator for CITY will be Alexander Henderson, City Manager.

B. The work to be performed under this contract is described in Article Ill entitled Statement of Work.

C. CONSULTANT agrees to indemnify and hold harmless CITY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT.

CONSULTANT will reimburse CITY for any of the work by representatives of the state, or FHWA.

Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

D. Consultant Services During Construction
Consultant shall provide inspection, construction administration, and act as the City's representative during the construction phase of the various projects. Consultant shall not be in a management role and as such shall only review change orders and pay requests associated with the construction work. Approvals of change orders and pay requests shall be by a full time City representative in charge of the work.

City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services
E. Documentation and Schedules
Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of CITY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the contract objectives.

ARTICLE III.

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 CITY'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 CITY's Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE IV.

PERFORMANCE PERIOD
A. This contract shall go into effect on contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY'S Contract Administrator. The contract shall end on (DATE), unless extended by contract amendment.

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

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 contract, the terms of the contract shall be extended by contract amendment.

ARTICLE VI.

TERMINATION
A. CITY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this contract with CONSULTANT, CITY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand.

City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services
ARTICLE VII.

COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to CITY.

D. All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE VIII.

RETENTION OF RECORDS/AUDIT
A. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract.

All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract.

The state, State Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision.

B. If the CONSULTANT fails to comply with the provisions of this Section, or if Caltrans 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 provisional 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 provisional ICR will become the actual and final ICR for reimbursement purposes under this contract.

C. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its finaiiCR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO CITY no later than 60 days after occurrence of the last of these items.

The provisional ICR will apply to this contract and all other contracts executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

D. Transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.

Note: The Federal "Payment of Predetermined Minimum Wage" applies only to federal-aid construction contracts.

City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services
ARTICLE IX.

SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual relation between CITY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to CITY for the acts and omissions of its subconsultant(s) 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 CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from CITY'S obligation to make payments to the CONSULTANT.

B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by CITY's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.

C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by CITY.

D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.

E. Any substitution of subconsultant(s) must be approved in writing by CITY's Contract Administrator prior to the start of work by the subconsultant(s).

ARTICLE X.

CONFLICT OF INTEREST
A. CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this contract, or any ensuing CITY construction project.

CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing CITY construction project, which will follow.

B. 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 contract.

C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XI.

REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XII.

USE OF CITY STATE OR FEDERAL FUNDS
A. CONSULTANT certifies to the best of his or her knowledge and belief that:

1. No state, federal or CITY appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services
or employee of any 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 of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
(nondiscrimination in federally-assisted programs of the Department of TransportationTitle 49 Code of Federal Regulations, Part 21 -Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California 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.

B. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.

ARTICLE XIII.

DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to CITY.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.

ARTICLE XIV.

FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been financed in whole or in part with federal funds. CONSULTANT 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, Part 26 in the award and administration of US City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services
DOT-assisted agreements. Failure by 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 CITY deems appropriate.

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

C. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).

D. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

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

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

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

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

ARTICLE XV.

INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.

ARTICLE XVI.

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 CITY Safety Officer and other CITY 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 Section 591 of the Vehicle Code, CITY 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 15oftheVehicleCode. CONSULTANT shall take all reasonably necessary precautions for safe City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services
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 section.

ARTICLE XVII.

INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish CITY Certificates of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence, and automobile liability insurance presently in effect for CONSULANT with a CSL of not less than one million ($1,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured's coverage without 30 days prior written notice to CITY.

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

C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XVIII.

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

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the contract, 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 contract or CITY's actions on the same, except to CITY's staff, CONSULTANT's own personnel involved in the performance of this contract, 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 contract without prior review of the contents thereof by CITY, and receipt of CITY'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 CITY.

ARTICLE XIX.

RETENTION OF FUNDS
A. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

B. No retainage will be withheld by the Agency from progress payments due the prime consultant.

City of Kingsburg Request for Qualifications
Materials Testing & Geotechnical On‐Call Services
Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies
ARTICLE XX.

CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named CITY, hereby agree that this contract 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 contract as evidenced by the signatures below.

ARTICLE XXI.

NEWS RELEASES / INTERVIEWS
All CONSULTANT and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the CITY.

ARTICLE XXII.

VENUE
In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Fresno, California, without reference to choice of laws principles.

CONSULTANT: (Consultant)
(Project Manager)
(Address)

CITY: CITY OF KINGSBURG
Alexander Henderson, Contract Administrator
1401 Draper Street
Kingsburg, California 93631

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Daniel Galvez Public Works Director REVIEWED BY: Leave blank AGENDA ITEM: Authorize On-Call Engineering Services for Federally Funded Transportation Projects Services Agreement
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The City solicited requests for qualifications (RFQ) from qualified engineering firms for On-Call Engineering Services for Federally Funded Transportation Projects on an on-call basis on June 5th, 2025. Proposals were due prior to 4pm on June 26, 2025. The City received four Statement of Qualifications (SOQ). SOQs were reviewed and scored by staff. The City has selected Peters Engineering Group as the most qualified firm for upcoming federally funded transportation projects. The total amount payable to the Consultant shall not exceed $850,000 and the performance period of the contract is 3 years with an option to extend 2 years (1-year extensions, no more than twice and not to exceed 5 years total). The $850,000 is a maximum budget authorization over and up to 5 years. It provides the City flexibility to use the consultant for various federally funded projects without having to re-bid each time. Payment is earned only through Task Orders based on services rendered. The City constructs several transportation related projects every year that are State and Federally funded. To comply with State and Federal regulations and due to limited staffing and expertise, certain services are contracted out. Caltrans (California Department of Transportation) requires on-call engineering services for federal-aid transportation projects for several important reasons, all tied to Federal funding compliance, project delivery efficiency, technical oversight, and risk management and quality assurance. The selected Consultant shall perform site investigations, cost estimating, preliminary engineering, civil engineering design, land surveying, construction management and other services as deemed necessary by the City for which the Consultant is qualified related to Federal and State funded transportation projects. The Consultant shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a task order shall be issued. The Consultant may provide services to the City including, but not limited to, the following tasks: Project Management, Preliminary Engineering Studies, Survey and Mapping, Environmental Studies and Documentation, Utility Coordination, Right of Way Phase & Determination, Desing, Coordination with Adjacent Properties, Construction Phase Authorization, Bid Process, Construction Management, and other engineering and design services as requested.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends That the City Council authorize the City Manager to execute Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call engineering services between peters Engineering and the City of Kingsburg for State and Federally funded transportation projects.

POLICY ALTERNATIVE(S)

1. Council could choose not to enter into agreement, but not having an on-Engineering consultant will result in non-compliance which can result in a loss of funding and jeopardize future opportunities to receive Federal and State funding.

Meeting Date: 08/20/2025
Agenda Item: 7

STRATEGIC GOAL(S) MET:

1. Preserve the Kingsburg Experience

2. Financial Stability

3. Community Safety

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
The RFQ was sent directly to several local engineering firms including: 4 Creeks Engineering, Blair Church and Flynn, Gateway Engineering, Integrated Marketing Systems, Mark Thomas & Associates ,Peters Engineering, Provost & Pritchard, and Yamabe & Horn in addition to being posted on our City website. A selection committee of City Staff convened to review the submitted Statements of Qualifications (SOQ) using specific evaluation criteria to determine the most qualified consultant. Federal procurement guidelines require that selection be solely based on qualifications. The City is prohibited from using cost proposals as the basis for selection. Peter’s Engineering fee schedule is attached as Attachment 3

BACKGROUND INFORMATION
The on- call engineer consultant will provide engineering services related to federal and state funded projects. The consultant shall provide civil engineering, land surveying, construction management /administration services and follow the City Standards along with all pertinent State, Federal, and City rules and regulations. Typical projects include, but may not be limited to, roadway reconstruction, pavement overlays, pedestrian/bicycle facility improvements, traffic signal/roundabout improvements, and other municipal transportation related projects. This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. Task orders will be issued for specific projects. The CITY does not guarantee a specific number or dollar amount of projects will be contracted with the listed projects. The On-Call A&E agreement establishes a framework for consultant services. Individual task orders will be issued under the agreement as specific projects arise. Funding for these tasks orders will be allocated from the respective project budgets, which may include a combination of Federal, State, and City funds. The agreement itself does not commit the City to a specific expenditure but provides a mechanism for procuring services.

ATTACHED INFORMATION

1. Proposed Agreement

2. Statement of Qualifications Peter’s Engineering

3. State and Federal Fee Schedule
FISCAL IMPACT:

1. Is There A Fiscal Impact? Potentially

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A

STATEMENT OF

QUALIFICATIONS
On-Call Engineering Services

PETERS ENGINEERING GROUP

STATE AND FEDERALLY FUNDED

TRANSPORTATION PROJECTS

CITY OF KINGSBURG
Presented to
Prepared by
June 26, 2025
Mr. Daniel Galvez June 26, 2025
Public Work Director
City of Kingsburg
1401 Draper Street
Kingsburg, California 93631
Statement of Qualifications:

Engineering Services for State and Federally Funded Transportation Projects Thank you for considering our statement of qualifications for providing engineering services to upcoming state and federally-funded transportation projects in the City of Kingsburg. We welcome the opportunity to submit our qualifications as we feel that our extensive experience in Kingsburg will perfectly coincide with the City’s goals and needs.

Peters Engineering Group is a civil and traffic engineering consulting firm that has been delivering engineering projects for agencies in the Central San Joaquin Valley since our inception in 1998. Mr.

David Peters, the president of Peters Engineering Group, has served as City Engineer for Kingsburg for the past 24 years. He is very familiar with the City’s upcoming state and federally-funded projects and has successfully managed the completion of dozens of state and federally-funded projects for the City.

We acknowledge and accept the contents of Addendum No. 1.

OUR COMMITMENT TO YOU:
Š To use all of our resources to exceed the City’s expectations Š To successfully work within project budget constraints Š To deliver a project that meets the City’s goals and objectives Š To complete the project on time
Our team is eager to utilize our ideas, skills, and strategies to deliver projects that achieve the City’s goals. Thank you for consideration of our qualifications.

PETERS ENGINEERING GROUP
David Peters, PE, TE, PTOE
Principal-in-Charge / Project Manager
Phone: (559) 299-1544 Ext. 111
Email: [email protected]
862 Pollasky Avenue, Clovis, California 93612 Phone: 559-299-1544 i
Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Table of Contents

1. Introductory Letter .............................................................................................................. i

2. Consultant Information, Qualifications & Experience ........................................................ 1

3. Organization & Approach .................................................................................................. 7

4. Past Experience on City Projects .................................................................................... 17

5. Staff Availability ............................................................................................................... 19

6. Conflict of Interest Statement .......................................................................................... 19

7. Litigation ..........................................................................................................................20

8. Contract Agreement ........................................................................................................ 20

9. Federal Air Provisions ..................................................................................................... 20

10. Fee Schedules .............................................................................................................. 20 Appendix
- Staff Resumes
- LAMP Exhibit 10-O1
- LAPM Exhibit 10-Q
1 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025

2. Consultant Information, Qualifications & Experience
Experience
City of Kingsburg Experience
Mr. David Peters has served as the City Engineer for the City of Kingsburg for the past 24 years.

This experience with the City puts Peters Engineering Group in the unique position of possessing exceptional knowledge of City personnel and requirements, City standards, and field conditions, as well as understanding the community’s needs. Having managed and designed all of the City’s federally-funded capital improvement and transportation projects over the last 24 years, Peters Engineering Group has the knowledge and ability to deliver these with limited oversight from City staff. Peters Engineering Group has a significant track record of success related to delivering numerous capital improvement projects within the City of Kingsburg. As a result of quality designs and comprehensive management, most projects have been completed for a final contract amount less than what was originally awarded by the City Council. Peters Engineering Group’s experience and past success maximizes the potential for success and cost savings to the City on future projects.

State and Federally-funded Project Experience
Peters Engineering Group has a considerable amount of experience providing design services on federally-funded and state-funded projects including Congestion Mitigation and Air Quality (CMAQ), Regional Surface Transportation Projects (RSTP), Highway Safety Improvement Projects (HSIP), and other federal funding programs. We are very familiar with Caltrans District 6 Local Assistance staff as well as the processes and requirements included in the Local Assistance Procedures Manual and have been responsible for obtaining authorizations for various phases of dozens of federally-funded projects. Peters Engineering Group has been continuously delivering federallyfunded projects over the past 24 years and has become intimately acquainted with the process of identifying grant opportunities for qualifying projects, completing the grant applications, designing the project to federal standards, including federal ADA design requirements, and managing the project during construction to ensure adherence to federal requirements. Our experience also includes the complexity of designing and managing single projects that have multiple federal funding sources. Additionally, our firm has provided administrative support services by submitting progress reimbursement invoices to Caltrans Local Assistance on behalf of the local agencies, which has resulted in a more streamlined project delivery.

Street Design & Road Improvement
Peters Engineering Group has prepared designs for street rehabilitation projects ranging from overlays to complete roadway reconstructions. Projects range from smaller local city streets to multileg intersections involving State highways. Peters Engineering Group has extensive knowledge of 2 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
both local and state roadway standards and has an excellent working relationship with Caltrans.

Both civil and traffic engineers are on staff with significant transportation design experience to meet the needs of street design and road improvement projects.

Our experience includes the following types of projects: roadway widening (capacity increasing), intersection reconstruction, arterial and collector grade separations, freeway and interchange improvements, and lane diet projects (reducing number of through lanes and adding bike lanes by restriping roadways) as well as many others.

Pavement Rehabilitation
Our experience with pavement rehabilitation includes preparing designs for slurry seals, micropavements, overlays, and reconstructions utilizing asphalt concrete recycling and cold foam asphalt.

Additionally, Peters Engineering Group has prepared pavement management plans for roadways and alleys. These methods have proved useful to manage pavement surfaces and avoid the need for major pavement rehabilitation projects.

Water, Sewer, and Storm Drainage Design
Peters Engineering Group has completed several projects related to water and sewer system improvements including a city-wide water model update, well and storage tank improvements, water and sewer distribution system upgrades, and pump station designs and modifications. Peters Engineering Group also prepared designs for a water booster pump station to deliver water to the Selma-Kingsburg-Fowler (SKF) Sanitation District including the design of a bypass, high-volume fire pump system, and more than one mile of transmission main.

Our firm has been involved in the planning and design of the City of Kingsburg storm drainage system including overseeing the design and development of drainage facilities in several new undeveloped drainage zones. Work has included site planning for new drainage basins including subsurface investigations to determine percolation rates, design of new trunk main facilities to convey stormwater to these new basins, and designs for irrigation district facilities, including pipelines, outlet and inlet structures, standpipes, and vent pipes. Our staff has experience with the Consolidated Irrigation District (CID) and the Selma-Kingsburg-Fowler (SKF) standards, specifications, procedures, and expectations.

Peters Engineering Group clearly has a significant amount of experience in the design of water, sewer, and storm drainage facilities in municipal settings. Having prepared several designs for the rehabilitation of existing facilities as well as construction of new facilities for several communities (Fresno, Clovis, Tulare, Visalia, Fowler, Kingsburg, Reedley), Peters Engineering Group understands the components of a successful design including utility avoidance and relocations, coordination with existing and proposed facilities, and incorporation of value engineering techniques. With experience completing designs for pipelines, pump stations, storm drainage basins (including multi-use facilities), new municipal wells, and treatment facilities, Peters Engineering Group is clearly qualified in the area of water, sewer, and storm drain design.
3 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Pedestrian Facilities
Peters Engineering Group has prepared dozens of designs to install ADA-compliant pedestrian facilities or bring inadequate existing facilities up to Americans with Disabilities Act (ADA) standards.

Such facilities include installation of, or modifications to, sidewalks, curb ramps, crosswalks, bike lanes, and bike trails. Our experience also includes strategies to enhance safety by installing bulbouts, bollards, detectable warning surfaces, stop / yield signs, advance warning flashing yellow beacons, and in-pavement crosswalk lighting as well as strategies to address sidewalk deterioration resulting from maturing street trees. We have prepared designs for multi-use bicycle and pedestrian trail facilities including Class I, II, and III bike facilities which have involved the utilization of Safe Routes to School, Bicycle Transportation Account, and San Joaquin Valley Air Pollution Control District REMOVE II grants.

Roundabout Design
Peters Engineering Group has experience planning, analyzing, and designing roundabouts in the Central Valley. Our projects include constructed roundabouts in Clovis, Kingsburg, Reedley, Modesto, Hanford, Madera County, and Fresno. Many of these roundabouts have required coordination with Caltrans project oversight. In particular, the Dinuba Avenue / Buttonwillow Avenue roundabout in Reedley, California has been used as a success story by Caltrans in promoting roundabout projects throughout the state.

Construction Support and Inspection Services
Peters Engineering Group has experience providing construction support and inspection services on federally-funded projects. Having been involved in construction for over 30 years and having been a licensed general contractor for the past 24 years, Mr. Peters thoroughly understands the construction phase of various types of public works projects. Peters Engineering Group has provided construction support and inspection services on numerous types of capital improvement and public works projects including, but not limited to: road reconstruction, pavement rehabilitation, sidewalk and bike lane installation, pedestrian and bike paths, water, sewer, and storm drain installation, and traffic signal installation projects. This includes many federally-funded projects with special federal requirements. Our firm can interpret project designs, provide bidding assistance, review submittals, schedule materials testing, and coordinate field inspection services for construction activities associated with City projects.
4 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Similar Projects
Peters Engineering Group has completed numerous federally-funded projects in Kingsburg over the past 24 years. Below are some representative federally-funded projects that have been completed over the last five years.

Madsen Avenue Rehabilitation - Kingsburg, CA
Contracting Agency: City of Kingsburg
Contracting Agency Project Manager: Daniel Galvez, Public Works Director, (559) 897-1066, dgalvez@ cityofkingsburg-ca.gov
Contract Amount: $113,185.00
Funding Source: Surface Transportation Block Grant (STGB) Date of Contract: October 2022
Date of Completion: August 2024
Consultant Project Manager: David Peters, 559-299-1544, [email protected] The City of Kingsburg retained Peters Engineering Group to prepare plans, specifications and cost estimate for the Madsen Avenue Rehabilitation project. The project location is on Madsen Avenue from Kamm Avenue to Stroud Avenue and included,
in general, pavement reconstruction with asphalt concrete and aggregate base, grind and overlaying the existing asphalt pavement trail, installation of asphalt concrete dike, earthwork and grading, reconstruction of concrete ramps, pavement striping, and utility adjustments. Construction was completed in early spring 2024.
18th & 12th Avenue Sidewalks - Kingsburg, CA
Contracting Agency: City of Kingsburg
Contracting Agency Project Manager: Daniel Galvez, Public Works Director, (559) 897-1066, dgalvez@ cityofkingsburg-ca.gov
Contract Amount: $140,815.00
Funding Source: Congestion Mitigation Air Quality (CMAQ) Date of Contract: April 2019, May 2021
Date of Completion: April 2024
Consultant Project Manager: David Peters, 559-299-1544, [email protected] The City of Kingsburg retained Peters Engineering Group to provide engineering services for three separate, federally funded (CMAQ) projects. The project limits were: 1) 12th Avenue from Stroud Avenue to Aslan Way, 2) 18th Avenue from Stroud Avenue to Klepper Street, and 3) 18th Avenue from Sierra 5 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Street to Stroud Avenue. The three projects were combined into one construction contract. Services included preparation of plans, specifications, and estimates for the proposed improvements.

The project updated infrastructure within the project boundaries, including curb, gutter, ADA ramp, drive approaches, and sidewalk improvements. Right of way acquisition was required on 10 parcels along 18th Avenue between Sierra Street and Stroud Avenue. The project was designed in 2023 and construction was completed in 2024.

Bethel & Sierra Roundabout - Kingsburg, CA
Contracting Agency: City of Kingsburg
Contracting Agency Project Manager: Daniel Galvez, Public Works Director, (559) 897-1066, dgalvez@ cityofkingsburg-ca.gov
Contract Amount: $289,000.00
Funding Source: Highway Safety Improvement Program(HSIP) Date of Contract: February 2019
Date of Completion: October 2023
Consultant Project Manager: David Peters, 559-299-1544, [email protected] Peters Engineering Group prepared the grant application, plans, specifications, and estimates for the Bethel & Sierra Roundabout project in Kingsburg. The existing intersection was a 4-way stop controlled intersection. The City of Kingsburg purchased right-of-way on three of the four corners of the intersection.

The project involved, in general, the construction of a 4-leg roundabout, which included demolition, grading, and paving for a new roundabout, construction of concrete improvements, application of pavement delineation and signage, and furnishing and installing streetlights and irrigation sleeves, all near the intersection Sierra Street and Bethel Avenue in the City of Kingsburg. Additionally, Peters Engineering Group provided construction management and federal project administration services for the City of Kingsburg by performing all necessary federal documentation and submitting reimbursement invoices to Caltrans Local Assistance on behalf of the City of Kingsburg. 6 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Madsen Avenue Bike Path Phase 2 (Stroud to Kamm) - Kingsburg, CA Contracting Agency: City of Kingsburg
Contracting Agency Project Manager: Daniel Galvez, Public Works Director, (559) 897-1066, dgalvez@ cityofkingsburg-ca.gov
Contract Amount: $179,948.00
Funding Source: Congestion Mitigation Air Quality (CMAQ) Date of Contract: Feburary 2018
Date of Completion: July 2022
Consultant Project Manager: David Peters, 559-299-1544, [email protected] Peters Engineering Group prepared design plans, design
of underground utility improvements, preparation of project specifications, cost estimate, bidding, and construction inspection services for a half mile long trail project adjacent to an irrigation canal. The project was federally funded by CMAQ funds and therefore required preparation of
all federal project documentation required for federally funded projects. Peters Engineering Group submitted all reimbursement invoices to Caltrans Local Assistance on
behalf of the City of Kingsburg.

Mehlert Avenue Rehabilitation - Kingsburg, CA
Contracting Agency: City of Kingsburg
Contracting Agency Project Manager: Daniel Galvez, Public Works Director, (559) 897-1066, dgalvez@ cityofkingsburg-ca.gov
Contract Amount: $65,282
Funding Source: Surface Transportation Block Grant (STBG) Date of Contract: April 2019
Date of Completion: December 2021
Consultant Project Manager: David Peters, 559-299-1544, [email protected] Peters Engineering Group was retained by the City of Kingsburg to prepare plans, specifications, and estimate for the Mehlert Avenue Rehabilitation. The project was funded by Surface Transportation Block Grant (STBG). The work to be done
consists, in general, of the grind in place existing asphalt concrete pavement, grade and compact subgrade, grade and compact asphalt grading, crack seal, type III slurry seal, hot mix asphalt overlay, reconstruction of concrete ramps, pavement striping, and utility adjustment. Construction was completed December of 2021.
7 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025

3. Organization & Approach

PETERS ENGINEERING GROUP
Peters Engineering Group is a multi-disciplined
engineering company specializing in civil and traffic
engineering services. Peters Engineering Group is
located in Clovis, California and serves primarily
public agency clients and municipalities in the
transportation and general civil engineering
field. Peters Engineering Group utilizes the latest
equipment and software, which allows us to provide
prompt and technically-accurate services to our
clients. Peters Engineering Group maintains a fullytrained staff that can work independently, thereby providing redundancy in skills and enhanced access
of skilled personnel for our clients. Since our inception in 1998 we have continuously provided services that
have assisted in the successful delivery of hundreds
civil and traffic engineering projects including road
widenings, intersection improvements, highway
improvements, bicycle and pedestrian trail design,
water line projects, traffic signals, traffic impact
studies, and construction management. Projects range from preparing construction documents for large interchange reconstruction projects on state highways to smaller street overlay projects.

In addition, Peters Engineering Group has prepared preliminary engineering studies, master plan documents, funding and grant application support services, construction administration, and inspection services on hundreds of municipal engineering projects of various types. Prompt delivery of projects within reasonable budgets remains the goal of Peters Engineering Group as we strive to incorporate integrity, ethics, and technical excellence into the civil and traffic engineering field and we expect to continue this commitment to all of our clients. 862 Pollasky Avenue
Clovis, California 93612
(559) 299-1544
www.peters-engineering.com
8 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
ESP Surveying
ESP Surveying, Inc. (ESP) is a full service land surveying firm established in 1991 and based in Fresno, California with an office in Sacramento. ESP’s surveying division consists of a professional staff with expertise in various aspects of land surveying, which includes boundary, topography, construction and A.L.T.A. surveys.

ESP has completed numerous projects for the planning, design and construction of highways, bridges, pipelines, airports, hospitals, schools and correctional institutions. Many of the assignments involved work on the State Highway system and were performed per Caltrans standards.

Yamabe & Horn Engineering, Inc.

Yamabe & Horn Engineering has a staff of 48 employees, and will assist in providing construction inspection services for assigned projects.

Designlab 252
Designlab 252 is a full-service Landscape Architecture firm specializing in state and municipal related design. We are a local firm with statewide experience. The company is a California State certified Small Business (micro) Enterprise (#1513561) founded in 2007. The company provides full-service Landscape Architecture with years of experience in providing professional consulting services for the State of California, various regional and local governmental agencies, and municipalities throughout the State of California.

TRC Engineers
TRC will provide structual engineering services if needed, on assigned projects.

TRC and Peters Engineering Group have partnered on several local agency projects in the Central Valley.

NV5
NV5 has been providing construction management and inspection services in the Central Valley and Northern California since the 1970s and specializes in both construction inspection and management. NV5 will provide inspection services on select assigned projects.
9 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Key Personnel
Full staff resumes are included in the Appendix. Summary resumes of key staff members are provided below.

Mr. David Peters, PE, TE, PTOE
Principal-in-Charge / Project Manager
Mr. Peters has been successfully completing civil and traffic engineering projects throughout California for over 35 years. He has a wealth of experience completing projects ranging from large interchange reconstruction and widening projects to smaller overlay, road design, or beautification projects. Mr. Peters personally ensures the accurate and timely completion of all projects under the care of Peters Engineering Group. His experience encompasses many aspects of civil and traffic engineering, from the initial planning and design stages to construction management and inspection.

Mr. Peters has worked closely with field personnel managing the construction activities of projects that he has designed. This field experience has allowed Mr. Peters to become intimately acquainted with construction activities and how design plans translate to actual construction, giving him a wellrounded and objective approach to the design of new projects.

In addition to his field experience, Mr. Peters possesses particular expertise in delivering federallyfunded Community Development Block Grant (CDBG) projects and MAP-21/FAST projects in the City of Kingsburg.

For the last 24 years, Mr. Peters has served as the contract City Engineer for the City of Kingsburg.

As such, he has personally managed every state and federally-funded transportation project in the city over those years from design to construction, working closely with city staff to create projects that will spur growth and improve the safety and beauty of the city. These City Engineer assignments make Mr. Peters very well qualified to design, manage, and deliver these important City projects.

As a traffic engineer and a professional traffic operations engineer, Mr. Peters is very knowledgeable in the design and construction of traffic signals and intelligent transportation systems. In addition to this, he is also very skilled in traffic analysis; analyzing project traffic impacts, mitigating negative impacts, and performing feasibility studies to improve traffic conditions. Š Professional Civil Engineer, California, License No. 52685 Š Professional Traffic Engineer, California, License No. 2271 Š Professional Traffic Operations Engineer, Certificate No. 1333 Š Licensed General Contractor No. 827087
Š B.S. Civil Engineering, California State University
Š Member of Institute of Transportation Engineers
10 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Mr. William Washburn, PE
Senior Civil Engineer / Project Manager
Mr. Washburn is a licensed civil engineer with over 29 years of engineering experience. Mr. Washburn is skilled in design engineering for municipal infrastructure, site development, and improvement projects including streets and roads, sewer, water, grading, storm drainage, storm water basins, and lift stations. He also possesses experience preparing plans, specifications, and estimates for capital improvement projects.
Š Professional Civil Engineer, California, License No. 60322 Š B.S. Civil Engineering, California State University, Fresno Mr. John Rowland, PE, TE
Senior Traffic Engineer
Mr. Rowland has over 33 years of experience in the fields of civil, traffic, and geotechnical engineering.

As the senior traffic engineer for Peters Engineering Group, Mr. Rowland primarily performs traffic signal and street lighting designs and traffic analysis projects that include traffic impact studies, speed studies, parking studies, and traffic signal warrants. Mr. Rowland also has substantial experience preparing pavement delineation plans, sign plans, and traffic handling plans. Š Professional Civil Engineer, California, License No. 52753 Š Professional Traffic Engineer, California, License No. 2484 Š B.S. Civil Engineering, California State University, Fresno Š Member of Institute of Transportation Engineers
Š Member of American Society of Civil Engineers
Mr. Quinn Vosmera, EIT
Staff Engineer
Mr. Vosmera has three years of experience in municipal civil engineering projects. Mr. Vosmera assists in preparing plans, specifications, and cost estimates for public works infrastructure projects that include street, sewer, storm water, and storm drainage improvements. Mr. Vosmera’s education and professional licenses include:
Š Engineer in Training, California, License No. 172862
Š B.S. Civil Engineering, California State University, Fresno 11 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Mr. Daniel Amezola, EIT
Staff Engineer
Mr. Amezola has one year of experience in municipal civil engineering projects. Mr. Amezola assists in preparing plans, specifications, and cost estimates for public works infrastructure projects that include roadway improvements, traffic signals, street, sewer, storm water, and storm drainage improvements. Mr. Amezola’s education and professional licenses include:
Š Engineer in Training, California, License No. 183809
Š B.S. Civil Engineering, California State University, Fresno Mr. Brandon Hernandez, EIT
Staff Engineer
Mr. Hernandez has three years of experience in municipal civil engineering projects. Mr. Hernandez assists in preparing plans, specifications, and cost estimates for public works infrastructure projects that include roadway improvements, traffic signals, street, sewer, storm water, and storm drainage improvements. Mr. Hernandez’s education and professional licenses include:
Š Engineer in Training, California, License No. 183634
Š B.S. Civil Engineering, California State University, Fresno Ms. Annika Romo
Senior Administrative Assistant
Over the past 9 years, Ms. Romo has assisted in the successful delivery of many federally-funded projects and has experience preparing and filing FHWA required requests for authorization packages, including assisting with the preparation of environmental documents to fullfil requirements for NEPA and CEQA, and submitting reimbursement requests on behalf of the Cities of Kingsburg and Fowler.

In addition, she also assists in the grant writing process in order for agencies to take advantage of available federal, state, and local funding opportunities. Š B.S. in Recreation Administration, California State University, Fresno Š Local Assistance Federal Aid Series Training
Ms. Sarah Clay
Administrative Assistant
Over the past 2 years, Ms. Clay has assisted in the successful delivery of several federally-funded projects and has been an asset for both the City of Kingsburg and the City of Fowler in making sure projects stay on schedule. In addition, she has also assisted in the grant writing process in order for agencies to take advantage of available federal, state, and local funding opportunities. 12 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Mr. Mark Imbriani, PE
Structural Engineering Principal in Charge
Mr. Imbriani is an expert in management, planning studies, grant application writing and engineering, value engineering, design, plans, specifications and construction estimates, scheduling, and construction management of bridge, and structural engineering projects, with particular expertise in the application of FHWA and Caltrans design and construction policies and procedures. B.S., Civil Engineering, Case Institute of Technology, 1980 Š A.T.P. Program Training, Caltrans District 5; LAPM Week-long Training, Caltrans District 5; LAPM Chapter 10, Consultant Selection Training, Caltrans D5; Transportation Funding, Caltrans LTAP, Woodland, CA
Š Professional Civil Engineer, California, License No. 36634 Mr. Patrick Boyd, LLA
Landscape Architect
Mr. Boyd is very familiar with work throughout the State of California in projects that have included all aspects of landscape architecture. His work experience over 20 years has made him a signifi cant asset on multi-disciplinary teams. This deep experience working with other disciplines allows him to contribute throughout the design process and provide input that saves both project time and money.

His reputation is for high design aesthetics delivered on time and on budget. Š Licensed Landscape Architect, California, License No. 4682 Š BLA - Professional Landscape Architect, Cal Poly, San Luis Obispo Mr. David Jordan
Surveying Project Manager
Mr. Jordan has 36 years of experience as a land surveyor on projects throughout the state of California.

He is well versed on field procedures in several aspects of boundary, topography, construction and design. Projects include freeways, expressways, aqueducts, subdivisions, wastewater treatment plants and commercial developments.
Š Reedley College Education
Mr. Carlos Garcia
Construction Inspector
Carlos Garcia is a construction professional with more than 6 years’ experience. Carlos currently performs project management for multiple large projects across the Central Valley. He is proficient in leading and directing new projects with design, estimating and construction to guarantee a successful project. Carlos is also experienced in Project Management, Quality Control, Managing large Budget contracts and Cost Forecasting, Estimating, Scheduling, Excel, Contract Negotiations. Š Bachelor of Science in Construction Management; California State University, Fresno, CA 13 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Mr. Erik Delgado
Construction Inspector
Mr. Delgado possess extensive experience in inspection of public works projects in local and state jurisdictions throughout the valley. Mr. Delgado is very experienced with federally funded transportation projects and is highly skilled in documentation required by federal funding and has experience serving as an inspector in Kingsburg on past projects. 14 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Staff Organizational Chart
City of Kingsburg
Principal-in-Charge
Land Surveying
Federal Funding
Administration
Construction
Inspection
Landscape
Architect
Traffic
Engineering

CEQA / NEPA
Compliance
Civil
Engineering
Daniel Galvez
Public Works Director
David Peters, PE, TE, PTOE
David Jordan
David Peters, PE, TE
Annika Romo
Erik Delgado
Carlos Garcia Patrick Boyd, LLA
John Rowland, PE, TE
Mike Sharp
Quinn Vosmera, EIT
David Peters, PE, TE
Annika Romo
Sarah Clay
Will Washburn, PE
Brandon Hernandez, EIT
D. Amezola, EIT
Project Manager
Will Washburn, PE
Structual
Engineering
Mark Imbriani, PE
15 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Overview Of Federal-Aid Project Requirements
This section demonstrates our understanding relative to complying with the requirements of the federal-aid project processes. A brief summary of the steps required to properly administer local agency federal-aid projects is presented below.

Request for Authorization to Proceed with Preliminary Engineering This is typically the first step in developing a project after funds have been awarded to a local agency.

This application packet must be prepared and authorization must be obtained prior to beginning the engineering phase of a project. The application packet is extensive and includes projected funding data, field review documentation, and DBE compliance.

CEQA / NEPA Compliance
This phase includes completing Preliminary Environmental Studies and completing CEQA and NEPA documentation to satisfy the Federal Highway Administration (FHWA) environmental clearance requirements.

Request for Authorization to Proceed with Right-of-Way
This phase includes preparation of an application packet to obtain authorization to begin the right-ofway acquisition activities associated with a project.

Request for Allocation (California Transportation Commission) This phase includes preparing an application packet and obtaining CTC funding after completing the engineering phase of the various projects. This allocation must be obtained prior to bidding any projects that are included in the State Transportation Improvement Program (STIP) and is typically only for Transportation Enhancement projects.

Request for Authorization to Proceed with Construction
This application packet must be prepared and authorization must be obtained after completing the environmental and engineering design phases and prior to beginning the construction phase of a project. The application packet is extensive and includes projected funding data, DBE, environmental, right-of-way, and PS&E certifications as well as other documentation.

Project Award Package
After project award and prior to submittal of the first reimbursement invoice, the project award package must be submitted and approved by Caltrans. The package includes bid information, proof of advertising, DBE compliance documentation, Resident Engineer certification, and other certifications ensuring compliance with federal requirements. 16 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Project Closeout Package
After completion of the construction phase of the project and prior to Caltrans’ payment of the final reimbursement invoice to the City, the project closeout package must be submitted and approved by Caltrans. The package includes final financial data, DBE compliance documentation, labor compliance documentation, material certifications, and other documents ensuring compliance with federal requirements.

Peters Engineering Group is intimately familiar with all of these processes having successfully prepared all federal aid documentation in Kingsburg for the past 245 years. Our success in accurately completing all required documentation for federal-aid projects can be measured by the fact that Kingsburg has recently been audited on several projects by Caltrans and FHWA and was found to have no violations or discrepancies in documentation prepared by our office. In fact, the FHWA auditor stated in writing that all project documentation was “excellent.” Project Understanding / Approach
Peters Engineering Group has extensive knowledge of the types of projects included in the RFQ, having assisted in the identification and development of past projects, as well as preparing the funding applications that resulted in the City obtaining federal funding for the projects.

The approach to successfully deliver the City’s projects is as follows:

Staff Coordination
Peters Engineering Group will continue to coordinate with City staff through a weekly in-person meeting at Kingsburg City Hall. These meetings assist in coordinating project details and ensure project success.

Caltrans/FHWA Coordination
Peters Engineering Group will coordinate authorizations and other federal-aid requirements included in the Local Assistance Procedures Manual (LAPM) on behalf of the City. Peters Engineering Group will utilize its extensive knowledge of the federal aid process to ensure timely delivery of City projects.

Design Documents
Peters Engineering Group will prepare plans, specifications, and engineer’s estimate in accordance with the requirements of the LAPM to ensure compliance with funding requirements. Knowledge of local design standards coupled with a proven in-house quality assurance program will provide design documents that result in minimal change orders and a successfully completed project.

Construction Support & Inspection
Peters Engineering Group staff will supplement City personnel to provide engineering support and inspections under the supervision of the City’s public works director. Typical duties may include interpreting plans, providing field inspections, and other duties requested by the City. 17 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Project Closeout Activities
Peters Engineering Group will provide Caltrans / FHWA with documentation to allow for submission of the Final Report of Expenditures and subsequent project closeout. Peters Engineering Group will also be available for a three-year period after project closeout to provide support during an FHWA audit, if necessary.

4. Past Experience on City Projects
Below are five additional projects in the City of Kingsburg that Peters Engineering Group has successfully delivered.

Laurel Street Dog Park Improvements Project
Peters Engineering Group was retained by the City of Kingsburg to prepare plans, specifications, and estimate for the Laurel Street Dog Park Improvements project. The project scope consists of installation of new prefabricated restroom/equipment unit, construction of concrete sidewalk, concrete curb ramp, installation of chain link fence and gates, shade structures, park lighting, landscape, earthwork clearing and grading, preparation of subgrade and underground utilities, pavement reconstruction, and pavement delineation. The project was designed in 2024 and construction was completed in 2025.

Construction Cost: $930,904.19
City Contact: Daniel Galvez, Public Works Director | (559) 897-1066 | [email protected] FY 23-24 Water Main Project
Peters Engineering Group was retained by the City of Kingsburg to prepare plans, specifications, and estimate for the FY 23-24 Water Main project. The project scope consist of installing water main, water valves, fire hydrants assembles, fire hydrant services, concrete improvements, markers and markings, and trenching backfill and pavement surface replacement within the main downtown street.

Construction was completed in February 2025.

Construction Cost: $353,830.00
City Contact: Daniel Galvez, Public Works Director | (559) 897-1066 | dgalvez@ cityofkingsburg-ca.gov
18 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
Mariposa Street Reconstruction
Peters Engineering Group was retained by the City of Kingsburg to prepare plans, specifications, and estimate for the Mariposa Street Reconstruction project. The project scope consisted of demoing existing pavement, compaction of existing base material, asphalt concrete reconstruction, construction of new curb ramps, reconstruction of existing curb ramps to meet ADA standards, replacement of sidewalk, curb and gutter, striping, signage, markings, replacing existing storm drain inlets, and utility adjustments. The project was designed and constructed in 2024.

Construction Cost: $347,009.00
City Contact: Daniel Galvez, Public Works Director | (559) 897-1066 | dgalvez@ cityofkingsburg-ca.gov
TOD Phase-1 Project
Peters Engineering Group was retained by the City of Kingsburg to prepare plans, specifications, and estimate for the TOD Phase-1 Project. The project scope consisted of surface preparation, crack seal damaged areas, slurry seal III, pavement striping, curb extension concrete improvements, and pavement markers and markings. Construction was completed in November 2024.

Construction Cost: $591,109.46
City Contact: Daniel Galvez, Public Works Director | (559) 897-1066 | dgalvez@ cityofkingsburg-ca.gov
Downtown Parking Lot Improvements
The City of Kingsburg retained Peters Engineering Group to prepare plans, specifications, and estimate for the Downtown Parking Lots Project. The project scope included rehabilitation of existing pavement (grind and overlay) in two parking lots and regrading and reconstruction of a third parking lot in the downtown area of Kingsburg. Parking spaces within each of the lots were redesigned to achieve greater capacity. Work included grading, construction of concrete curb, new sidewalk, and ADA compliant driveway approaches, grinding, new asphalt pavement, new lighting, and striping and signage improvements. The project was designed and constructed in 2023.

Construction Cost: $120,626.88
City Contact: Daniel Galvez, Public Works Director | (559) 897-1066 | [email protected] 19 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025

5. Staff Availability
Peters Engineering Group’s project managers evaluate and track staff technical skills and availability weekly to ensure project deliverability to our clients. A schedule commitment is important to our firm and we work to meet every deliverable milestone on time to ensure projects stay on schedule.

Peters Engineering Group is intimately acquainted with time constraints and schedule commitments associated with federally-funded projects and the necessity of meeting those deadlines. Each staff member has evaluated current workloads and has confidence that the necessary time can be allocated to the City of Kingsburg’s projects. Below is a Time Availability Chart for key staff through the course of the next year. Additional staff can be allocated based upon the work load level assigned by the City.

PERCENTAGE OF AVAILABILITY
Team Member 4th Qtr. 1st Qtr. 2nd Qtr. 3rd Qtr.

D. Peters 40% 40% 50% 60%
W. Washburn 50% 50% 60% 70%
J. Rowland 30% 50% 50% 50%
M. Sharp 50% 50% 50% 50%
Q. Vosmera 50% 60% 60% 70%
D. Amezola 50% 60% 60% 70%
B. Hernandez 60% 60% 70% 75%
A. Romo 70% 80% 80% 80%
S. Clay 80% 80% 80% 80%
M. Imbriani 25% 30% 40% 45%
P. Boyd 40% 50% 50% 60%
E. Delgado 75% 75% 75% 75%
C. Garcia 75% 75% 75% 75%

6. Conflict of Interest Statement
Peters Engineering Group provides city engineering services to the City of Kingsburg. This assignment does not conflict with duties described in this solicitation.

Peters Engineering Group and subconsultants affirm that we do not have any financial, business, or other relationship with the City or any members of the City staff that may have an impact on 20 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025
the outcome of the projects. Neither do we have clients that may have a financial interest in the outcome of the projects.

7. Litigation
Peters Engineering Group and subconsultants were not involved in any litigation in connection with prior projects.

8. Contract Agreement
Peters Engineering Group has no issues with, or proposed changes, to the proposed contract agreement included as Appendix C of the RFQ. The terms and committments outlined in this statement of qualifications shall be in effect for ninety (90) days following the submission date.

9. Federal-Aid Provisions
Peters Engineering Group anticipates meeting the 3% DBE goal for this solicitation. LAPM Exhibit 10-O1 is included in the Appendix committing to this goal. LAPM Exhibit 10-Q regarding lobbying activities is also included in the Appendix.

Section 10. Fee Schedules
Fee schedules for Peters Engineering Group and subconsultants are provided in a separate sealed envelope included with submittal of this SOQ
21 Statement of Qualifications
On-Call Engineering Services for State and
Federally Funded Transportation Projects
June 26, 2025

APPENDIX

DAVID PETERS, PE, TE, PTOE

PRINCIPAL ENGINEER
Education and Qualifications
Fields of Special
Competence
Municipal Engineering
Traffic Engineering
Highway Design
Education BS/Civil Engineering
California State University, Fresno, 1990
Registration Professional Civil Engineer - California - 52685 Professional Traffic Engineer - California - 2271
Professional Traffic Operations Engineer - 1333
Licensed Class A General Engineering Contractor - California - 827087 Professional Affiliations Institute of Transportation Engineers American Society of Civil Engineers
Background
Mr. Peters has over 35 years of experience as a civil and traffic engineer. He has served as a project manager on various types of public works related projects. He has been part of several multidiscipline teams preparing designs on large projects. Additionally, he has also served as resident engineer on several large public works projects. Currently Mr. Peters serves as the City Engineer for the City of Kingsburg, California.

Related Experience
Olive Avenue Streetscape - Fresno, California
Mr. Peters served as principle in charge to prepare improvements plans, specifications, and estimate for the Olive Avenue Streetscape project. The project rehabilitated the old pavement and included curb extensions to narrow the roadway to assist with pedestrian crossing and encourage lower vehicle speeds through the Tower District. Responsibilities also included QA/QC for the project.

Adams Avenue Phase II and Phase III Rehabilitations – STBG 5173 (033) and (035) - Fowler, California
Served as principal engineer to prepare improvements plans, specifications, and estimate for the Adams Avenue Phase II and Phase III Rehabilitation projects. The two federal projects proposed reconstruction of pavement in Adams Avenue from 5th Street to Armstrong (Phase II) and from Armstrong to Temperance (Phase III), and included new pavement improvements, ADA ramp improvements, and new striping and signage. Significant coordination with PG&E was required due to high pressure gas mains located within the project. Responsibilities also included plan reviewing, maintaining scope and schedule, coordination with City staff and sub-consultants, as well as preparing all documents for a federally-funded projects.

David Peters, PE, TE, PTOE

21st Avenue Reconstruction - Kingsburg, CA
Mr. Peters served as the engineer of record for the 21st Avenue Reconstruction project in the southwest part of the City. 21st Avenue is located in an older area of town that had several large mature trees that were impacting the sidewalk. Additionally, there was no existing curb and gutter. Services include the preparation of plans, specifications, and an estimate for the proposed improvements, including reconstruction of the existing pavement, addition of vertical curb, construction of ADA compliant ramps, and grading of sidewalk areas in order to avoid removal of mature trees. Duties included oversight of the design and construction of the project.

Reed Avenue Reconstruction and Roundabout - Reedley, California Mr. Peters served as principal-in-charge for the Reed Avenue Improvements project in Reedley, California. The project improvements include installation of a new traffic signal system at the intersection of Manning Avenue and Reed Avenue, new street lights on Reed Avenue between Manning and I Street, and a roundabout at the intersection of Reed Avenue and North Avenues. This project also involves coordination with UPRR.

Road 225/Road 274 Roundabout - North Fork, CA
Mr. Peters served as principal-in-charge for the design and construction of the roundabout at the intersection of Road 274 and Road 225 in North Fork, California. The existing intersection had a two-lane road in both directions while controlled by a 3-way stop. The project scope included NEPA and CEQA document preparation, right of way acquisition document preparation, horizontal and vertical roadway design, storm drain hydraulic and hydrological analysis and design, utility coordination, street lighting, traffic control and construction staging plans, and signage and striping plans.

Bethel Ave & Sierra St Roundabout – Kingsburg, California Mr. Peters served as project manager for the preparation of the grant application, plans, specifications, and estimates for the Bethel & Sierra Roundabout project in Kingsburg. The project involved, in general, the construction of a 4-leg roundabout, which included demolition, grading, and paving for a new roundabout, construction of concrete improvements, application of pavement delineation and signage, and furnishing and installing streetlights and irrigation sleeves, all near the intersection Sierra Street and Bethel Avenue in the City of Kingsburg.

Owens Mountain Parkway and Temperance Avenue Roundabout - Clovis, California Mr. Peters served as principal-in-charge for the design of the 4-leg multilane roundabout at the intersection of Temperance Avenue and Owens Mountain Parkway/Alluvial Avenue in Clovis, California.

Project Scope included demolition of the existing intersection, new HMA pavement, median curb, curb and gutter, sidewalk, truck apron, landscaping and irrigation, sidewalks, signing and striping street and area lighting, water main relocation, and storm drain construction. The project included a tight design schedule to meet timing for the necessary CMAQ funding acquired by the City. Design challenges included minimization of reconstructed pavement area outside the intersection, construction staging to allow local businesses to stay open during construction, and obtaining Caltrans design group approval for the proposed roundabout.

Dinuba / Buttonwillow Intersection Improvements, Reedley, California Mr. Peters was the project manager for capacity analysis and design of a traffic roundabout at two city arterial streets. Project includes undergrounding of electric transmission lines and formation of a Rule 20 undergrounding district and preparation of plans, specifications, and estimates for construction of a single lane roundabout.

WILL WASHBURN, PE

SENIOR CIVIL

ENGINEER
Education and Qualifications
FieldsofSpecial
Competence
Civil Engineering
Municipal Infrastructure
Land Development
Street Improvements
Education Bachelor of Science - Civil Engineering
California State University, Fresno, 1995
Registration Professional Civil Engineer - California - 60322 Background
Mr. Washburn is a licensed civil engineer with over 29 years of engineering experience. Mr.

Washburn is skilled in design engineering for municipal infrastructure, site development, and improvement projects including streets and roads, sewer, grading, storm drainage, storm water basins, and lift stations. He has served as the engineer-of-record for projects within the Fresno/Clovis area as well as smaller communities including Sanger, Selma, Lemoore, Millerton New Town, Kingsburg, Fowler, and Parlier. His experience encompasses public works project design, tentative map preparation, entitlements, improvement plans, construction, as-builts, and the design and processing of plans, specifications, and estimates.

Related Experience
Road 225/Road 274 Roundabout - North Fork, CA
Mr. Washburn served as the lead designer and project manager for the design and construction of the roundabout at the intersection of Road 274 and Road 225 in North Fork, California. The existing intersection had a two-lane road in both directions while controlled by a 3-way stop. The project scope included NEPA and CEQA document preparation, right of way acquisition document preparation, horizontal and vertical roadway design, storm drain hydraulic and hydrological analysis and design, utility coordination, street lighting, traffic control and construction staging plans, and signage and striping plans.

Olive Avenue Streetscape - Fresno, CA
Mr. Washburn served as engineer of record and the project manager to prepare improvements plans, specifications, and estimate for the Olive Avenue Streetscape project. The project rehabilitated the old pavement and included curb extensions to narrow the roadway to assist with

WILL WASHBURN, PE
pedestrian crossing and encourage lower vehicle speeds through the Tower District.

Responsibilities also included oversight and design for the improvements.

Sacramento and Maple Improvements - Tulare, CA
Mr. Washburn served as project manager to prepare improvements plans, specifications, and estimate for the Sacramento and Maple Improvements project. The project consisted of roadway re-paving, new curb, gutter and sidewalk installation, including ADA compliant access ramps, drainage improvements, sewer improvements, water improvements, installation of new street signs and striping, and existing underground and overhead dry utilities were located and protected. A Caltrans encroachment permit was required.

Reed Avenue Improvements - Reedley, CA
Mr. Washburn served as the project manager for the Reed Avenue Improvements project in Reedley, California. The project improvements include installation of a new traffic signal system at the intersection of Manning Avenue and Reed Avenue, new street lights on Reed Avenue between Manning and I Street, and a roundabout at the intersection of Reed Avenue and North Avenues. This project also involves coordination with UPRR.

Adams Avenue Phase II & III Rehabilitations – STBG 5173(033)&(035) - Fowler, CA Served as principal engineer to prepare improvements plans, specifications, and estimate for the Adams Avenue Phase II and Phase III Rehabilitation projects. The two federal projects proposed reconstruction of pavement in Adams Avenue from 5th Street to Armstrong (Phase II) and from Armstrong to Temperance (Phase III), and included new pavement improvements, ADA ramp improvements, and new striping and signage. Significant coordination with PG&E was required due to high pressure gas mains located within the project. Responsibilities also included plan reviewing, maintaining scope and schedule, coordination with City staff and sub-consultants, as well as preparing all documents for a federally-funded projects.

Bethel Ave & Sierra St Roundabout HSIPL 5170(061) – Kingsburg, CA Mr. Washburn served as the lead designer for the preparation of the grant application, plans, specifications, and estimates for the Bethel & Sierra Roundabout project in Kingsburg. The project involved, in general, the construction of a 4-leg roundabout, which included demolition, grading, and paving for a new roundabout, construction of concrete improvements, application of pavement delineation and signage, and furnishing and installing streetlights and irrigation sleeves, all near the intersection Sierra Street and Bethel Avenue in the City of Kingsburg.

Owens Mountain Parkway and Temperance Avenue Roundabout - Clovis, CA Mr. Washburn served as the lead designer and project manager for the design of the 4-leg multilane roundabout at the intersection of Temperance Avenue and Owens Mountain Parkway/Alluvial Avenue in Clovis, California. Project Scope included demolition of the existing intersection, new HMA pavement, median curb, curb and gutter, sidewalk, truck apron, landscaping and irrigation, sidewalks, signing and striping street and area lighting, water main relocation, and storm drain construction. The project included a tight design schedule to meet timing for the necessary CMAQ funding acquired by the City. Design challenges included minimization of reconstructed pavement area outside the intersection, construction staging to allow local businesses to stay open during construction and obtaining Caltrans design group approval for the proposed roundabout.

JOHN ROWLAND, PE, TE

TRAFFIC ENGINEERING MANAGER
Education and Qualifications
Fields of Special
Competence
Traffic Signal and Street Lighting Design
Traffic Impact Studies and Operational Analyses
Transportation Engineering
Education Bachelor of Science - Civil Engineering
California State University, Fresno
Registrations Professional Civil Engineer - California - 52753 Professional Traffic Engineer - California - 2484
Professional Affiliations Institute of Transportation Engineers American Society of Civil Engineers
Tau Beta Pi Engineering Honor Society
Background
Mr. Rowland has over 34 years of experience in the fields of civil, traffic, and geotechnical engineering. He has served as a project manager for numerous commercial, industrial, residential, and public works projects.

Mr. Rowland is experienced in traffic engineering design, including street lighting, traffic signals, pavement delineation, signage, and stage construction/traffic handling. Mr. Rowland has been responsible for the design of new traffic signals and modifications of existing traffic signals at hundreds of intersections. Many of the designs have included street lighting, interconnect and intelligent transportation systems facilities, pedestrian facilities, and flashing beacons. Mr. Rowland’s design experience includes many projects requiring Caltrans encroachment permits, including modification of freeway interchanges, widening of freeway segments, and signalization of State intersections. His experience also involves plan reviews of behalf of various agencies.

Mr. Rowland has performed hundreds of traffic impact studies throughout California for an array of projects including aggregate mines, residential projects, commercial and office buildings, schools, colleges, shopping centers, restaurants, hotels, processing plants, storage buildings, parking lots, churches, and parks. With many years of experience on such diverse projects, Mr. Rowland understands the intricacies of traffic analysis, including travel demand forecasting, mitigating impacts, performing feasibility studies to improve traffic conditions, and analyzing the most effective traffic control measures.

Related Experience
Olive Avenue Street Lighting and Traffic Signal Design, Madera, California Responsible for electrical plans for the widening of Olive Avenue between Gateway Drive and Knox Street.

The City of Madera requested recommendations for spacing and illumination of street lights. Mr. Rowland supervised the preparation of isolux diagrams for the street lighting layout. The project included design of new traffic signals at two intersections (Olive / Roosevelt Avenues and Olive Avenue / Knox Street) and design of traffic signal modifications at the intersection of Olive Avenue and Gateway Drive. The project included substantial coordination with the UPRR and preparation of railroad preemption calculations.

JOHN ROWLAND, PE, TE

Plaza Drive and State Route 198 Interchange Widening - Visalia, California Responsible for all traffic engineering design for the widening of Plaza Drive between Airport Drive and Goshen Boulevard in Visalia, California. The project included widening of a bridge, reconstruction of four freeway ramps, and widening of the freeway to construct auxiliary lanes. Mr. Rowland was responsible for the traffic analyses, design of pavement delineation, signs, traffic signals, street lighting, stage construction, detours, and traffic handling plans.

Cartmill Avenue / UPRR Grade Separation - Tulare, California Responsible for all traffic engineering design for the grade separation project at the Union Pacific Railroad that included construction of a new bridge, a new connector road, and three traffic signals at the former intersection of Cartmill Avenue and J Street in Tulare, California. Mr. Rowland was responsible for design of pavement delineation, signs, traffic signals, street lighting, and detours, as well as traffic engineering studies for the project.

Woollomes Avenue and State Route 99 Interchange Widening, Delano, California Responsible for all traffic engineering design for the widening of Plaza Drive between Airport Drive and Goshen Boulevard in Visalia, California. The project included widening of a bridge, reconstruction of four freeway ramps, and widening of the freeway to construct auxiliary lanes. Mr. Rowland was responsible for design of pavement delineation, signs, traffic signals, street lighting, stage construction, detours, and traffic handling plans.
11th Avenue and Houston Avenue Traffic Signals, Hanford, California Mr. Rowland was responsible for design of improvements at the intersection of 11th Avenue and Houston Avenue. The project included the installation of traffic signals, installation of left turn lanes on the eastbound and westbound approaches, and widening of the intersection. Prior to providing the traffic signal plans and specifications, Mr. Rowland developed projections of future traffic volumes and performed traffic analyses with recommendations for the intersection lane geometry, lengths of turn lanes, and traffic signal phasing.

Stadium Drive Pedestrian Hybrid Beacon (HAWK) Signal - Madera, California Mr. Rowland served as project manager responsible for the design of the first pedestrian hybrid beacon (HAWK) installed in Madera, California. The signal is located at a crosswalk on Stadium Drive north of Gary Lane.

Shaw Avenue Street Lighting, Fresno, California
Responsible for design plans to remove existing street lights on wooden poles with overhead conductors and to replace them with new City-standard street lights on Shaw Avenue between Cedar Avenue and Chestnut Avenue, along the entire frontage of California State University, Fresno. The project included modification of traffic signal facilities and coordination with City of Fresno street light maintenance personnel to develop the desired approach acceptable to the City. The City-standard street lights were connected to existing Tesco meter pedestals serving traffic signals at various intersections. The project also required coordination with PG&E to remove service to existing street lights.

Clovis Unified School District Third Educational Center and State Center Community College District Campus Traffic Impact Study, Fresno, California
Responsible for performing traffic analyses and preparing traffic impact study report for a junior college, high school, and middle school proposed near the intersection of Willow and International Avenues.

Fresno Chaffee Zoo and Roeding Park Master Plans Traffic Impact and Parking Study, Fresno, California
Responsible for performing a traffic impact study and parking study included in the Environmental Impact Report for master plans proposing expansion of the existing zoo and amusement park, along with modification of the existing regional park. The study included trip generation and parking studies of the existing facility, traffic engineering analyses of several intersections and two interchanges, road segments, pedestrian facilities, transit, and limited railroad crossing studies.

JOHN ROWLAND, PE, TE