AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this fth day of September 2021, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18" Street, Merced, California 95340, (hereinafter referred to as "City") and Crawford & Associates, Incorporated, a California Corporation, whose address of record is 1165 Scenic Drive, Suite A, Modesto, California 95350, (hereinafter referred to as "Consultant").
WHEREAS, City is undertaking a project to provide on-call geotechnical engineering, construction observation and materials testing services; and, WHEREAS, Consultant represents that it possesses the professional skills to provide the services in connection with said project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:
SCOPE OF SERVICES. The Consultant shall furnish the following services: Consultant shall provide the services described in Exhibit "A" attached hereto. City and Consultant shall enter into an "Authorization of Service Agreement," substantially in the form of Exhibit "C" attached hereto and incorporated herein by this reference. The City's City Manager shall have the authority to execute on City's behalf the Authorization of Service Agreement without additional approval by the City Council so long as the funding is available within the project's budget. In the event additional funding is required, a First Amendment to this Agreement will require prior City Council approval. In the event of a conflict between the term of this Agreement and the terms of the Authorization of Service Agreement, the terms and conditions set forth herein shall prevail over those set forth in the Authorization of Service Agreement.
No additional services shall be performed by Consultant unless approved in advance in writing by the City, stating the dollar value of the services, the method of payment, and any adjustment in contract time. All such services are to be coordinated with City and the results of the work shall be monitored by the City Engineer or designee. However, the means by which the work is accomplished shall be the sole responsibility of the Consultant.
X: Agreements Engineering\202/\PSA - Crawford & Assoc Re On Call Services docx 1 2. TIME OF PERFORMANCE. All of the work outlined in the Scope of Services shall be completed in accordance with the Schedule outlined in each Authorization of Service Agreement. By mutual agreement and written addendum to this Agreement, the City and the Consultant may change the requirements in said Schedule.
TERM OF AGREEMENT. The term of this Agreement shall
commence upon the day first above written and end on September 6, 2023. This Agreement may be extended for two (2) one (1) year terms upon written approval by the City.
4. COMPENSATION. Payment by the City to the Consultant for actual services rendered under this Agreement and accompanying Authorization of Services Agreement shall be in accordance with the fee schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. The Consultant agrees to provide all services required under the Scope of Services in Exhibit "A" within the compensation amount set forth in Exhibit "B". For Consultant's services rendered under this Agreement, City shall pay Consultant the not to exceed sum of Five Hundred Thousand Dollars ($500,000.00).
5. METHOD OF PAYMENT. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in each Authorization of Service Agreement. The payments specified in the Authorization of Service Agreement shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant hourly rates shall not exceed those listed in Exhibit "B," attached hereto and incorporated herein by this reference.
6. RECORDS. It is understood and agreed that all plans, studies, specifications, data magnetically or otherwise recorded on computer or computer diskettes, records, files, reports, etc., in possession of the Consultant relating to the matters covered by this Agreement shall be the property of the City, and Consultant hereby agrees to deliver the same to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials including but not limited to those set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
7. CONSULTANT'S BOOKS AND RECORDS. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled X: \Agreements\Engineering|2021 PSA - Crawford & Assoc Re On Call Services.docx 2 checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City.
8. INDEPENDENT CONTRACTOR. It is expressly understood that Consultant is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Consultant shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should Consultant desire any insurance protection, the Consultant is to acquire same at its expense.
In the event Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9. INDEMNITY.
A. Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
B. Indemnity for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability X: \Agreements\Engincering\2021\PSA - Crawford & Assoc Re On Call Services.doex 3 for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
10. INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
a. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer's Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City. b. General Liability.
(i) Consultant shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(ii) Consultant shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Consultant.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
X: Agreements Engineering|2021\PSA - Crawford & Assoc Re On Call Services.docx 4 (V) Consultant shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal. c. Automobile Insurance.
(i) Consultant shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the
Consultant.
(iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
d. Professional Liability Insurance. Consultant shall carry professional liability insurance appropriate to Consultant's profession in the minimum amount of One Million Dollars ($1,000,000). Architects and engineers' coverage is to be endorsed to include contractual liability.
e. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A: VII or better (except for workers' compensation provided through the California State Compensation Fund).
X: Agreements\Engineering|2021 PSA - Crawford & Assoc Re On Call Services.docx 5 Certificate of Insurance. Consultant shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Consultant's insurance policies are not current.
11. PREVAILING WAGES.
A. Labor Code Compliance. If the work performed under this Agreement falls within Labor Code Section 1720(a)(1) definition of a "public works" the Vendor agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Vendor further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.
B. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. General Prevailing Wage Rate Determinations may be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/.
C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations, if applicable, are to be obtained by the Vendor from the Department of Industrial Relations. Theses wage rate determinations are to be posted by the Vendor at the job site in accordance with Section 1773.2 of the California Labor Code.
D. Vendor agrees to include prevailing wage requirements, if applicable, in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.
12. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Consultant and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties X: \Agreements Engineering1202/VPSA - Crawford & Assoc Re On Call Services.docx 6 or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City.
13. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the phase of work actually completed, based on a pro rata portion of the compensation for said phase satisfactorily completed at the time the notice of termination is received.
14. CONFORMANCE TO APPLICABLE LAWS. Consultant shall
comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
15. WAIVER. In the event that either City or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
16. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached documents) or exhibit(s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
X: \Agreements\Engineering|2021\PSA - Crawford & Assoc Re On Cali Services.docx Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
17. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar ettect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
18. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
19. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
20. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
22. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
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X: Agreements\Engineering\2021\PSA - Crawford & Assoc Re On Call Services.docx 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY: Reprami shitz,
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
DI MERCED,
BY:
CORPORATED AIN
APPROVED AS TO FORM:
By: Kinkel May 81521
City Attorney
301735 POFF 143375
ACCOUNT DATA:
BY: Vaca
Verified by Finance Officer V-18802
Funds to be encu mbered as needed. u7 912312)
Not to exced #500,000.00 FL 9/23/21
{Signatures continued on next page}
X: \Agreements\Engineering|2021\PSA - Crawford & Assoc Re On Call Services.docx 9 CONSULTANT
CRAWFORD & ASSOCIATES,
INCOPORATED,
A California Corporation
BENAMIN D. CHAVENO, PE, GE
(Typed Name)
IS: PNG10GNT / CRO
BY: , Lei fitals
(Signature)
W.Eric Nichols
(Typed Name)
Its: VICE PRESIDENT / PMMCIPAL
(Title)
Taxpayer I.D. No. 46 - 0779018
ADDRESS: 1165 Scenic Dr., Suite A
Modesto, CA 95350
TELEPHONE: 916 455 42zS
FAX:_
E-MAIL:@[email protected]
X:lAgreemenistEngincering202 I\PSA - Crawford & Assoc Re On Call Services.doek 10 EXHIBIT A
City of Merced Engineering Divisions
On-Call Geotechnical Engineering, Construction Observation, and Materials Testing Services June 11, 2021
F) FIRM QUALIFICATIONS
Crawford & Associates, Inc. (Crawford) was established in 2012 and is Crawtor a registered Small Business Geotechnical Engineering firm S Associates, Ir
Des (Certification ID: 1744908) that specializes in large-scale public works ind Construc
projects. In 2016, Crawford merged with Taber Consultants, one of the na i Engineering companies. The principals of both firms bring significant Gtuisurval Liymccy experience on a wide variety of projects throughout Northern California.
Crawford has experience working with various oversight agencies including Counties, Cities, Caltrans, AREM A,Regional Transit, Building Departments, Regional Water Quality Control Boards, FEM A,FHWA, Cal OES, DWR, ArmyCorp, DSA, UPRR, CA Fish and Wildlife, Water and Irrigation Districts, Utilities and Environmental Health Departments.
Our staff of 28 includes 9 Professional Civil Engineers, 3 Geotechnical Engineers, 2 Professional Geologists and 1 Certified Engineering Geologists. Over the past 40+ years, staff at Crawford have provided services in Geotechnical Engineering, Design and Construction Services on many project types, including:
Bridges, Water and
Roadways and Pipelines, Tanks
Interchanges, and Wastewater Parks and Trails
Pavement and Pump Stations
Rail Projects Facilities
Landslide
Levees, Dams and Environmental Site Hazardous Material Schools, Hospitals, Control/Storm
Quarries Assessments Technical Memo and Commercial
Damage
Crawford takes pride in the work we provide, our desire to support and augment City staff on individual projects, and our ability to provide clear, concise recommendations that are practical, cost-effective, and constructible. Services include Geotechnical Engineering, Materials Testing, Hazardous Materials Assessments, and Expert Witness. The firm maintains five offices in Northern California, with locations in Sacramento, Modesto, Pleasanton, Rocklin, and Ukiah to meet the demands of our clients.
Crawford has strong repeat business that includes contracts for on-call services. The following is a list of agencies that we currently have on-call contracts with:
City of Ceres Cal Gotechiel Contra Costa El Dorado County Humboldt County County
(2019-2021) (2019-2021) (2019-2022) (2019-2021) (2018-2023) Tuolumne County
Mendocino County Sal Design Services On-Call Yolo County On-Call (2019-2022) Geotechnical (2020-2023)
(2018-Current) (2020-2023) (2020-2023)
Crawford
See-Taber- - 6
City of Merced Engineering Divisions
On-Call Geotechnical Engineering, Construction Observation, and Materials Testing Services June 11, 2021
As of 2020, Crawford's Sacramento Laboratory is Caltrans certified. Our District 3 office specializes in soils and aggregate testing. Technicians are accredited for aggregate sampling in the field, nuclear gauge testing and relative compaction testing. Caltrans job sites require the personnel on site to be certified by them for quality assurance purposes.
The request for qualifications (RFQ) lists projects that include roads, water, sewer, storm drain, sidewalk, traffic signal design, traffic studies and review of traffic studies. Typical geotechnical services for such projects include site reviews, meeting with County Staff, professional consultation, field exploration, laboratory testing, analysis, report preparation and construction related consultation/observation services. Crawford prepares transportation related geotechnical reports consistent with Caltrans guidelines for bridges, retaining walls and roadways. The results of field and laboratory testing are used to develop the boring logs and/or log of test borings and the design geotechnical report/memorandum, which will provide recommendations for foundation types, loadings, site seismicity, drainage, earthwork, pavement structural sections and/or rehabilitation options such as mill and overlay, full depth reclamation and cold in-place recycling, and other required recommendations.
G) FIRM ORGANIZATIONAL CHART
City of Merced
Benjamin D. Crawford, PE, GE
Principal-In-Charge
W. Eric Nichols, PE, PG, CEG
Senior Project Manager
David Castro, PE Shawn Leyva, PE Steve Carter
Project Manager Senior Engineer Senior Geologist
Keiko Lewis, PE Ellen Tiedemann Reynicole Gilbert
Project Engineer I/ Project Engineer Il Project Engineer Il Amando Castro Barrett Updegraff Hailey Wagenman
Project Engineer I Project Engineer I Project Engineer 1 Kennedy Hauder Yosief Ghebremicael Mauricio Arias
Project Engineer I Project Engineer I Project Engineer 1 Marah Caculba Maria Ayala Sar rinser
Staff Engineer Staff Engineer
Carmelo Pagan Loren Docena Oscar Rincon
Staff Engineer Staff Engineer Staff Engineer
Crawford
- 7
cechnice Engreeng De
PART A - SCOPE OF WORK
The consultant service in each category may include, but is not necessarily limited to, the scope outlined below. The City will select up to three (3) consultants from each category. The scope may expand based on the needs of the City.
General Civil Engineering:
1. Provide construction plans and specifications of various road projects.
2. Provide construction plans and specifications for various utility projects (i.e. water, sewer, storm, etc.).
3. Provide construction support/inspection on various projects.
Provide alignment studies and cost estimates.
5. Prepare application for various grants.
6. Prepare various studies that is related to roads, water, sewer, and storm drains.
7. Assist with regulatory compliance and negotiation with Federal, State, and other agencies as necessary.
8. Other tasks that may be requested by the City (i.e. Structural).
Manage sub-consultant to complete the projects (geotechnical, traffic, environmental, Geotechnical Engineering and Construction Observation and Materials Testing Services
1. Provide geotechnical analysis services, including conducting soil sampling, classification and soil permeability analysis.
2. Provide construction observation and material testing services in accordance with City of Merced Standards and Caltrans Test Methods.
3. Provide road treatment recommendations based on samples from the field including, but not limited to, Cement, Quicklime, and Quicklime+ applications.
4. Provide evidence of the possession of current Caltrans Certifications (Inspector, Tester, and Laboratory) for soil, concrete, and asphalt methods for Construction Observation and Materials Testing Services
Survey:
Prepare topographic and planimetric survey of proposed City projects, including all underground utility locations) based on USA markings, digital terrain modeling for contour interpolation, profile, cross-section, and earthwork volume calculations
2. Prepare drawings of the survey based on the latest AutoCAD version (2018 or newer).
3. Provide land records research for boundary determination of existing and proposed City properties and right-of-way.
4. Recover existing monuments, including monuments (section corners, etc.) property corners, right-of-way monuments, and benchmark
5. Provide retracement surveys.
6. Re-establish lost or obliterated corners.
7. Re-establish control points.
8. Provide construction staking as needed.
Provide record filing including, but not limited to, corner records, record of survey, etc.
Traffic Engineer
1. Provide construction plans and specifications for traffic signals and phasing.
2. Prepare railroad pre-emption studies as necessary.
3. Provide transportation planning.
4. Prepare traffic safety and traffic studies.
5. Analyze traffic safety and traffic studies prepared by other consultants for development projects.
6. Conduct traffic counts and speed studies.
7. Coordinate with the California Public Utilities Commission (CPUC) and other agencies as necessary to obtain approval(s) for various projects.
8. Prepare pre-emption timing.
9. Traffic cards.
10. Signal coordination
11. Review Traffic studies for other developments
PART - B CONSULTANT REQUIREMENTS
All engineering plans (including structural and geotechnical), calculations, specifications, and reports (hereinafter referred to as "documents") shall be prepared by, or under the responsible charge of, a licensed engineer in the State of California and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as "Preliminary", "Not for Construction", "For Plan Check Only", or "For Review Only". All engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If engineering plans are required to be signed and sealed or stamped, and have multiple sheets, the signature, seal or stamp, and date among hit ape s of signing and sealing or stamping, shall appear on each sheet of the plans. If engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
All survey work, including but not limited to topographic, planimetric, field survey, boundary survey, retrace, or installation of new monuments shall be conducted under the supervision of a licensed surveyor in the State of California. Interim documents shall include a notation as to the intended purpose of the document, such as "Preliminary", "Not for Construction", "For Plan Check Only", or "For Review Only". If any document requires signature, per Professional Engineer and Survey Act, the documents shall be signed and stamped by the supervising surveyor.
The Consultant's personnel shall be capable, competent, and experienced in performing the types of work in this Agreement 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 shail be knowledgeable about, and comply with, all applicable Federal, State, and local laws and regulations.
The Consultant is required to submit a written request and obtain the City'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 the City.
The Consultant's personnel shall typically be assigned to and remain on specific City projects/deliverables until completion and acceptance of the project/deliverables by the City.
Personnel assigned by the Consultant shall be available at the start of a Task Order and after acceptance of the project/deliverable by the City.
After City approval of the Consultant's personnel proposal and finalization of a Task Order, the Consultant may not add or substitute personnel without the City's prior written approval.
Resumes or certification containing the qualifications and experience of the Consultant's and Sub- consultant's personnel, which include existing, additional, and substitute personnel, and copies of their minimum required certifications, shall be submitted to the City for review before assignment on a project. The resume and copies of current license or certification for each candidate must be submitted to the City within one (1) week of receiving the request.
The City reserves the right and may interview the Consultant's personnel for qualifications and experience. If it is deemed necessary to conduct an interview, the Consultant shall provide adequate qualified personnel to be interviewed by the City within one (1) week of receiving the request. If the City consents with the proposed, the Consultant's personnel shall be binding to the Consultant and its Sub-consultants.
The City shall evaluate the adequacy (quality and quantity) of the work performed by the Consultant's personnel, and determine whether the deliverables are satisfactory. The City may reject any Consultant's personnel if they do not meet the minimum qualifications. If at any time the level of performance is below expectations, the City may direct the Consultant to immediately remove their personnel from the project specified and request another qualified person be assigned as needed. The substitute personnel shall meet the minimum qualifications required by this Agreement for performance of the work as demonstrated by a resume and copies of current license or certifications submitted by the Consultant. Substitute personnel shall receive prior written approval from City. Invoices with charges for personnel not pre-approved by the City for work on the Agreement and for each task shall not be reimbursable.
The Consultant shall not remove or replace any existing personnel assigned to the project without the prior written consent of the City. The removal or replacement of personnel without the written approval from the City shall be violation of the Agreement and may result in termination of the Agreement.
When assigned consultant personnel are on approved leave and when required by the City, 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 to exceed the billing rate and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City. Substitute personnel shall receive prior written approval from the City to work on this Agreement.
Other project personnel not identified on the Consultant's cost proposal, including, but not limited this Agreement.
For all civil related work, the Consultant contract manager and/or project manager shall be a Registered Professional Engineer licensed in the State of California, be in good standing with the California State Board for Professional Engineers, Land Surveyors, and Geologists at all times during the Agreement period for each project.
For all survey related work, the Consultant contract manager and/or project manager shall be a Licensed Registered Land Surveyor in the State of California, be in good standing with the California State Board for Professional Engineers and Land Surveyors at all times during the duration of this Agreement period for each project.
In addition to other specified responsibilities, the Consultant contract manager shall be responsible for all matters related to the Consultant's personnel, Sub-consultants, Construction Materials Sampling and Testing Services work, and Consultant's and Sub-consultant's operations including, but not limited to, the following:
1. 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.
2. Supervising, reviewing, monitoring, training, and directing the Consultant's and Sub- Consultants' personnel.
3. Assigning qualified personnel to complete the required Task Order work as specified on an "as-needed" basis in coordination with the City.
4. Administering personnel actions for Consultant personnel and ensuring appropriate actions taken for Sub-consultant personnel.
5. Maintaining and submitting organized project files for record tracking and auditing.
6. Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes.
7. Implementing and maintaining quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones.
8. Assuring that all applicable safety measures are in place.
Providing invoices in a timely manner and providing monthly Agreement expenditures.
10. Reviewing invoices for accuracy and completion before billing to the City.
11. Managing Sub-consultants.
12. Managing overall budget for Agreement and provide report to the City.
13. Monitoring and maintaining required DBE/LBE involvement.
14. Ensuring compliance with the provisions in this Agreement and all specific Task Order requirements.
15. Monitor the health and safety of personnel working in a hazardous environment in accordance with all applicable Federal, State, and local regulations.
16. Knowledge, experience, and familiarity with prevailing wage issues and requirements in State of California.
17. Provide knowledge, experience, certifications for testers and laboratory, and familiarity Quality Control and Quality Assurance (QC/QA) for California Test Methods and laboratory.
Experience and capable in the review of the test reports within a reasonable time-frame of the completion of the tests to avoid delay of the field construction operation.
EXHIBIT B
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-HI COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed • Prime Consultant subconsulant _2nd Tier Subconsultant Consultant Crawford & Associates, Inc. Date 7/29/2021
Services For City of Merced On-Call -Geotechnical Engineering and Materials Testing and Inspection Services
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total Principal Benjamin Crawford 0.0 $64.99
Senior Project Manager* Chris Trumbull 0.0 $68.34
Senior Project Manager * Eric Nichols 0.0 $54.63
Project Manager TBD 0.0 $49.74
Senior Geologist TBD 0.0 $41.60
Senior Engineer TBD 0.0 $38.97 S
Project Engineer Il TBD 0.0 $35.97
Project Engineer I TBD 0.0 ••
$30.60
Staff Engineer TBD 0.0 $27.00
Administrative Assistant TBD 0.0 $25.85 S
Shortcrete, NICET - Group 1, PW ** TBD 0.0 $45.00
ICC. CWI - Group 2. PW ** TBD 0.0 $45.00
Soils Technician - Group 3, PW ** TBD $36.00
Concrete Torque - Group 4, PW ** TBD $33.50
Laborer Technician PW ** :
TBD 0.0 $30.50
LABOR COSTS
a) Subtotal Direct Labor Costs $
b) Anticipated Salary Increases (soc page 2 for calculation) #DIVOI c) TOTAL DIRECT LABOR COSTS [(a) + (b)] #DIV 0!
INDIRECT COSTS
d) Fringe Benefits e) Total Fringe Benefits [(c) x (d)] g) Overhead [(c) x (f)]. #DIV 0!
h) General & Administrative 20.00% i) Gen & Admin [(c) x (h)) #DIV/O! Combined ICR%: 200.88%
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] #DIV.O!
FIXED FEE k) TOTAL FIXED FEE [(c) + (i)] x fixed fee 10%1 #DIVO! 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
Mileage (Current IRS Rate) TBD Mile 0.56
Per Diem (County Rate) TBD Day $150.00
Permit Fees TBD Al Cost TBD
Traffic Control (Minor) TBD $700.00
Traffic Control (Major) TBD $2,500.00
Drilling TBD TBD $
Liners TBD $8.00
Hand Auger TBD $150.00
Wildcat DCP Equipment TBD $750.00
Wildcat DCP Tips TBD $15.00
Core Machine with Generator TBD $2,500.00
TBD VA vo
Laboratory Testing (Crawford 2021 Rates, Attached) TBD
TBD
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant I: $
Subconsultant 2:
m) TOTAL SUBCONSULTANT'S COSTS S
п) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)]_S TOTAL COST [(c) + (j) + (k) + (n)]
NOTES:
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for Ist year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration
$0.00 = #DIV/0! Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
Year 1 #DIV/O! + 3.0% = #DIV/O! Year 2 Avg Hourly Rate
Year 2 #DIV/O! + 3.0% #DIV/O! Year 3 Avg Hourly Rate
Year 3 #DIV/O! + 3.0% #DIV/O! Year 4 Avg Hourly Rate
Year 4 #DIV/O! + 3.0% #DIV/O! Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours Total Hours
Completed Each Year per Cost Proposal per Year
Year 1 10% * 0 0.00 Estimated Hours Year 1
Year 2 45% * 0 0.00 Estimated Hours Year 2
Year 3 45% * 0.00 Estimated Hours Year 3
Year 4 0% * 0 0.00 Estimated Hours Year 4
Year 5 0% * 0.00 Estimated Hours Year 5
Total 100% Total = 0.00
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of Avg Hourly Rate Estimated hours Cost per Year
(calculated above) (calculated above)
Year 1 #DIV/O! ** 0 = #DIV/O! Estimated Hours Year 1
Year 2 #DTV/O! 0 = #DIV/O! Estimated Hours Year 2
Year 3 #DIV/O! * #DIV/O! Estimated Hours Year 3
Year 4 #DIV/0! * #DIV/O! Estimated Hours Year 4
Year 5 #DIV/O! * #DIV/O! Estimated Hours Year 5
Total Direct Labor Cost with Escalation #DIV/O!
Direct Labor Subtotal before Escalation $0.00
Estimated total of Direct Labor Salary Increase #DIV/0! Transfer to Page 1
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000x2% x 5 years=$25,000 is not an acceptable methodolog) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calcastions for anticipated salary escklationmuste on theis.
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related
. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local goverments are responsible for applying only cognizant agency approved or Caltrans accepted In direct Cost Ratc(s).
Prime Consultant or Subconsultant Certifving:
Name: Benjamin D. Crawford Title *: President/Principal Signature : Date of Certification (min/dd/yyyy) 7/29/2021 Email: ben. crawford(a crawford-inc.com Phone Number: (916) 455-4225 Address: Crawford & Associates, Inc., 1100 Corporate Way, Suite 230, Sacramento, CA 95831 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Geotechnical Engineering and Materials Testing and Inspection Services Cost Proposal
EXHIBIT 10-H2 COST PROPOSAI. Page 1 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON CALLOR AS-NEEDED CONTRACTS) (CONSTRUCTION FNGINE RING AND INSPICTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consullant Cranford & Assoctates, Inc. DRime Consuliant _subconsuftant •and iser Subconsultant City of Merced On-Call - Geolechnical Engineering and Materials Project Name Testing and Inspection Services Participation Amount S TBD Date 7/29/2021 For Combined Rate Fringe Benefit Overlicad o Cieneral Admission Combined indinet Cost Hate (ICK) ®a
83.05°, + 97.83°0 20.00° 200.889.
109
BILLING INFORMATION CALCULATION INFORMATION
Effetive Date of Hourly Rate Actual or Avg % or S Hourly Range.
Name'Job Tile Classification' Straigh Hourly Baling Rates OT(1.5x) 01(2x) To Hourly Rate' Increase for Classifications Onl Benjamın Crawford • 215.10 N'A N/A 9.1/2021 8/31 2022 64.99 Not Applicable Poncipal 221 55 N'A N/A 912022 8/31-2023 66 94 3 00%
22820 N:A N/A 91•2023 8/31 2024 6895
235 04 N/A 91:2024 8/31:2025 71.02 3 00°
242.09 NA N/A 9/1/2025 /31/20 3.00%
Chas Trumbull * 226 18 N/A 9:1 2021 31/20 Not Applicable Senior Projoct Manager 232.97 NA N/A 9/1/2022 8/31'2023 70.39 1.00% 23996 N'A N/A 91/2023 8/31:2024 72.50 3 00°.
247 16 N'A N'A 9'1 2024 8-31-2025 74.68 1.00°
254.57 N/A 9/1/2025 8/31/2026 76.92 3.00%
Enc Nichols * 180.81 N/A 9/1/2021 8/31/2022 $4.63 Not Applicable Senior Project Manager 186.23 N'A 91:2022 8/31/2023 $6.27 3.00°. 191.82 NA N/A 9'1 2023 8/31/2024 57.96 3.00°
n us
197.57 NA N/A 91/2024 8:31:3035 59.70 3.000.
203.50 NA N/ 9/1/2025 8/31/2026 61.49 3.00%
Projoct Manager 164.62 NA 8/31/2022 49.74 46.60 52.88
THO 169.56 NA 9 1 2022 8:31:2023 51.33 300°: 48 00 54.47 174.65 N'A N/A 91/2023 8/31 2024 52.77 3.00% 49.44 56.10 179 89 N'A 9 1 2024 8 31 2025 54.35 3.00°- 50.92 57.78
185.29 N'A N/AI 9/1/2025 8.31 2026 $5.98 3.00°% 52.45 59.52 Senior Goologisi 137.68 158.48 179.28 9/1/2021 8/31/2022 42.00 TBD 14].81 163.24 184.66 91/2022 8/31/2023 42.85 3.00º. 42.44 43.26 146 07 168.13 190.20 9'1•2023 8/31/2024 44.13 3.00° 43.7i 44.56 150.45 173.18 195.91 91/2024 8/31/2025 45.46 3.00% 45.02 45.89 154.96 178.37 201 78 9'1•2025 8/31•2026 46 82 3.00% 46 37 47.27 Senior i ngineer 128.98 148.46 167.95 9/1/2021 8/31/2022 38.97 36.50 41 44 TBD 112 8S 152 92 172 99 9 1 2022 8 31 2023 40.14 3 00°. 37.60 42 68 13683 157.50 178.18 91:2023 8/31 2024 41.34 3.00°0 38.72 43.96 140 94 162.23 183.52 9-1:2024 8/31/2025 42 58 300° 39.88 45.28 145 17 167.10 189.03 9 1 2025 8/31/2026 43.86 3,00° 41.0% 46.64 Project Engine I! 119 03 177.02 TRD 8/31 2027 15 97 35.43 36 50 TBD 122 60 141.13 159.65 8/31 2027 37.04 3 00°% 3649 37.60 126 28 145.36 $ 164 44 #VALUE! 831/2024 38.16 3 00°• 37.59 38.72 130.07 149.72 169.37 8/31:2025 39.30 3.00°% 38,72 39.88 133 97 154.21 174 49 SVALUE: 8/31/2026 40.48 3. 00°• 39.88 41.08 Projat Enginat I 101.26 116.50 13185 9/9/2021 8:31 2022 30.60 29.00 3219 TBD 104 30 120 05 135 81 9 1:2022 8:31 2023 31.51 29.87 33 16 107 47 123.66 119 88 9 1'2023 8/31/2024 12 46 3 по°. 30.77 34.15 127.37 9 1 2024 8/31 2025 3347 3 00°. 35 17
113.97 131.19 9/1/2025 8/31/2026 3.00% 32,64 36.23
StafT Engincer 89.36 102.86 116.36 9/1/2021 8/31/2022 27.00 26.00 28.00 TRD 92.04 105.95 119 85 8:31-2023 27.81 300° 26.78 28 84 94 80 109 13 123 45 8:31 2024 28 64 3 00°. 27.58 19 71
пини A LA
97 65 11240 127 15 0702 8:31/2025 29 50 3 00°. 28 4]
100.58 115.77 130.97 9/1/2025 8/11 2026 30 39 300°g 29.26 31 51 Administrative Assistant 85.54 NA NA 8/31/2022 25.85 23.69 28,00 TRD 88 10 NA 9 1 2022 8:31 2023 26 62 3 00°. 24 40 28 84
90.75 NA •A 9:1 2023 8:31/2024 27.42 25.13 39,71
9347 NA 9 1/2024 8/31/2025 28.24 3 00°. 25.89 30 60
96 27 NA 33 9 1 2025 8/11 2026 29.09 1 00°. 25.89 30 G0 Shortete, NICET, etc ** 148.94 171.44 193.94 9/1/2021 8/31/2022 45.00 43.00 47.00 Group / 153.40 176.58 199.75 9:1/2022 8:31/2023 46.35 3.00% 44.29 48.41 Prenarling Hoce 1.58.01 181.88 205 75 91:2023 8:31 2024 47.74 3.00°. 45.62 49 86 162.75 187.33 211.92 91:2024 8/31/2025 49.17 3 00°. 46, 99 51.36 167 63 192.95 218 28 91:3025 8:31/2026 50.65 3 по°. 4699 $1.36 - cA
ICC. (Wl. etc ** 148.94 171.44 19394 9/1 2021 8/31/2012 4500 43.00 iroup 2 153 40 176.58 199 75 91 2027 8/31/2023 46.35 3.00°. 44.29 4A SA
Prevailing Hage 158.01 181.88 205.75 9 1 2023 8/31'2024 47.74 3.00% 49.86 162 75 187.33 211.92 912024 8:31 2025 49.17 3.00°.
192.95 218.28 9/1/2025 8/31/2026 50.65 3. 00°. 46 99 51.36 Sails Technician* 119 15 137.15 9/31/2022 3600 38 00
122 72 141.26 15980 91•2022 8/31/2023 17 08 35 02 14 14 Prevarling Wage 126 40 145.50 91 2023 8:31/2024 18,19 3.00° 36 07 40.31 130.20 149.87 9:1-2024 8/31/2025 39.34 3.00% 37.15 41.52 134 10 154.36 174 62 91/2025 8/31/2026 40.52 3.00% 37.15 41.52 Concrete. Tongue. ete ** 110 87 127.62 144 37 9:1.2021 8:31/2022 31 50 32.00 35.00 Ciraup 4 114 20 13145 A LA 148 71 91•2022 8/31/2023 34 51 3 00° 32 96 36.05 Presusting Huge 117.63 135.40 15317 8:31/2024 35 94 1 00° 33.95 37.13 121 16 134 46 (57.76 91.2024 8:31 2025 36.61 3.00° 34.97 38 25 124.79 143.64 162.49 9/1/3025 8/31/2026 37.70 3.00% 34.97 38.25 Laboner Technician ** 100.95 16.20 131.45 30,50
Pretailing lagr 103.97 11968 175.39 9 1 2022 8 31 2021 31 42 3 00°. 28 84 33 49 107 00 121.27 130 45 91 2023 8:31 2024 32 36 3 00° 29 71 35 01 110.31 126 97 143,63 91 2024 8/31 2025 3333 3.00°. 30 60 36 06 113 61 130.78 147.94 91/2025 8/31/2026 34 31 3.00. 30.60 36.06 NOTES:
Kes personnel must be marked wth an asterisk (*) and emploves that arc subicct to prevailing wage requirements much be marked with two asterisks (**, All costs must comply with ibe Federal cost pineales Subconsultents will provide their ows cost proposals The cost proposal formal sholl not be amended
Ball rate actual hourly rate (ICR) -Fec). Indirect cost rates shall be updaled on an anual basis in accordance wath the consultant's ennual accountine petiod and established by a coznizent seency or accepted by Caltrans All costs must comply with the Federal cost principles for reimbursement
4. For nomed emplosees and key personnel enlerthe actual outly rate For classifications only, enterthe A craze Iourly Rate for that classification Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 2 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
• Prime Consultant Subconsultant 2nd Tier Subconsultant Consultant Crawford & Associates, Inc.
Project City of Merced On-Call -Geotechnical Engineering and Materials Testing and Inspection Services Date 7/29/2021 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage (Current IRS Rate) TBD Mile S0.56
Per Diem (County Ratc) TBD Day $150.00
Permit Fees TBD At Cost TBD
Traffic Control (Minor) TBD Day $700.00
Traffic Control (Major) TBD Day $2,500.00
Drilling TBD Day TBD
TBD Liner $8.00
Hand Auger TBD Day S150.00
Wildcat DCP Equipment TBD Day $750.00
Wildcat DCP Tips TBD Each S15.00
Core Machine with Generator TBD Day S2,500.00
Laboratory Testing (Crawford 2021 Rates, Attached) TBD Lump Sum TBD $ Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Note: Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs These costs should be competitive in their respective industnies and supported with appropriale documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type
3. liena when incuned for the sure pumase, in hke circumslance, should not be included in uny indirect cost pool or in the as colcad rate.
4. Items such as special tooling. will he rembursed al actual cost with supporting documenlalion (invoIce).
S. Jens listed above that would be considered "tools of the trade" are not rimbursoble as ather direct cost
6. Travel related costs should be pro-apposed by the contracting agency and shall not exceed current Strie Department of Personnel Admanstration rules.
7. Imaleage is clamed, the rale should he properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles clanned should berupported by milcage logs
8. If a consultant proposes rental costs fora vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehiclesthet could ho used for the sume purpose
9. The cost proposal format shall not be amended All costs must comply with the Faderal cost panciples 10 Add additional pages if necessary
I1. Subconsultants must provide their oan cost proposals Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
Title 23 United States Code Section 112 - Letting of Contracts 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifving:
Name: Benjamin D. Crawford Title*: President
Principal: Date of Certification (mm/dd/yyyy) 7/29/2021 Email: ben. crawfordia crawford-inc.com Phone Number: (916) 455-4225 Address: Crawford & Associates, Inc., 1100 Corporate Way, Suite 230, Sacramento, CA 95831 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
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EXHIBIT 10-H4 COST PROPOSAL FOR CONTRACTS WITH PREVAILING WAGES Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL 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: Crawford & Associates, Inc.
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:
Combined Rate 200.88 _% OR
Home Office Rate _% and Field Office Rate (if applicable). _% Facilities Capital Cost of Money. _% (if applicable)
Fiscal period * 01/01/2019 - 12/31/2019
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate 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 Indirect Cost Rate(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 indirect cost rate(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 Exhibit 10-A.
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
March 2018
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts;
• 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 requirement 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 (FR 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
AlLA&E Contract Information:
• Total participation amount $ 8,000,000 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 1. • Years of consultant's experience with 48 CFR Part 31 is 12 Audit history of the consultant's current and prior years (if applicable) • Cognizant ICR Audit Local Gov't ICR Audit • Caltrans ICR Audit E CPA ICR Audit Federal Gov't ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Kate 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 ompliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with th ederal and state requirements are not eligible for reimbursement and must be returned to Caltrans Name**. Benjamin D. Crawford Title**: President
Signature: Date of Certification (mi/dd/yyyy): 07/27/2021 Email**: [email protected] Phone Number*: (916) 455-4225 ** An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a C'hief 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 Exhibit 10-K forms.
Caltrans will not process local agency's invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.
Distribution: I) Original - Local Agency Project File
2) Copy - ('onsultant
3) Copy - C'altrans Audits and Investigations
March 2018
INDIRECT COST RATE SCHEDULE
CRAWFORD ASSOCIATES, INC.
Statement of Direct Labor, Fringe Benefits, and General Overhead For the Year Ended December 31, 2019
General
Ledger Proposed
Account Discallowed Company % of Direct
Description Balance Costs Notes Wide Labor
DIRECT LABOR $ 932,248 $ 19,990 (a) 952,238 100%
FRINGE BENEFITS
7130 Benefits: Bonuses/Profit Distributions 432,242 (200,000.00) (b) 232,242 24.39% 7410 Benefits: 401(k) Employer's Contribution 73,377 73,377 7.71% 7120-7160 Benefits: Friday acation Sick Benefits: Employer's Profit Sharing Contribution 87,138 87,138 9.15% 132,579 132,579 13.92%
7320 Insurance: Medical 98,744 98,744 10.37%
7330 Insurance: Life 3,573 3,573 0.38%
7310 Insurance: Workers Comp 8,436 8,436 0.89%
7205 Payroll Taxes: FICA and Med 140,898 140,898 14.80% 7205 Payroll Taxes: FUTA and SUTA 13,796 13,796 1.45%
TOTAL FRINGE BENEFITS 990,783 790,783 83.045%
GENERAL OVERHEAD
5110 Office Indirect Labor 599,594 (21,926) (c) 577,668 60.66% 5110 Uncompensated Overtime 0 (14,014) (a) (14,014) -1.47% 7510 Professional Development 22,633 22,633 2.38%
7610 Recruitment 4,489 4,489 0.47%
8110 Rent 127,607 127,607 13.40%
8111 Professional Membership Dues 15,897 (1.026) 14,871 1.56% 8140 Repairs & Maintenance 7,412 7,412 0.78%
8210 Office Supplies 28,831 28,831 3.03%
8215 Fleld Supples 25,475 : 25,475 2.68%
8217 Lab Supplies 10,818 10,818 1.14%
8220 Small Equipment 3,247 3,247 0.34%
8240 Computer Expense 17,985 17,985 1.89%
8245 Computer Support 16,791 : 16,791 1.76%
8250 Software Expense 16,128 16,128 1.69%
8270 Printing & Reproduction 6,204 (97) (d) 6,107 0.64% 8310-8320 Legal & Accounting 1,756 (556) (e) 1,200 0.13% 8330 Bank Charges 838 838 0.09%
8331 Payroll Service Fee 5,607 5,607 0.59%
8334 Consulting Fees 15,753 15,753 1.65%
8336 Interest Charges 21,231 (21,231) (1) 0.00%
8340 Telephone 20,734 20,734 2.18%
8380 Postage, Shipping, Deliven 1,352 1,352 0.14%
8410-8420 Fuel & Maintenance 31,859 : 31,859 3.35%
8430 Parking & Tolls 331 331 0.03%
8440 Travel 26,245 26,245 2.76%
8450 Business Meals and Meetings 39,809 (18,441) (g) 21,368 2.24% 8460 Mileage 7,098 7,098 0.75%
8510-8520 Professional/Commerical Liability Insurance 60,246 60,246 6.33% 8540 Business Taxes and Fines 5,064 : 5,064 0.53%
8545 Fees & Permits 294 294 0.03%
8550 State Taxes 6,047 6,047 0.64%
8620-8650 Marketing & Business Development 7,460 13280) (h) 0.00% 8810-B820 Contributions 3,282 (1) 0.00%
8750-775 Depreciation ase Rental 8850 9,690 9,690 1.02% 42,294 42,294 4.44%
TOTAL GENERAL OVERHEAD $ 1.210,101 $ (88.034) $ 1,122,067 117.83% TOTAL FRINGE BENEFITS AND GENERAL OVERHEAD $ 2,200,884 $ (88,034) 5 1,912,850 200.88% AR References and Notes
a) Uncompensated overtim
(b) Unallowed executive compensation (P1391-0649)
(c) 31.201-6(e)(2) Labor costs associated with advertising, entertainment, and other unailowable activilies are disallowed (d) 31-203 Direct costs - unbillable
(e) 31.205-47 Costs related to legal and other proceedings disallowed (f) 31 205-20 Interest is disallowed.
(g) 31.205-13 & 31.205-14. Entertainment is disallowed. (h) 31.205-1 Advertising materials and costs are disallowed. ) 31.205-8 Contributions or donations disailowe
) 31.205-22 Lobbying costs, paid as a percentage of professional dues, are disaliowe Crawford Taber
since 1954
DIR No. 1000016243
Crawford & Associates, Inc. Prevailing Wage Policy
Crawford & Associates pays employees who are performing concrete testing, soil compaction and pavement coring on prevailing wage contracts the base hourly wage per the prevailing wage determination. In addition, we calculate actual fringe benefits on an hourly basis and compare that amount to fringe benefits per the prevailing wage determination. This difference (if applicable) is the prevailing wage delta fringe. If there is a prevailing wage delta fringe, Crawford & Associates pays employees that amount in , cash on top of the base hourly wage per prevailing wage determination. For prevailing wage delta base and delta fringe cost, Crawford & Associates posts these cost amounts to the direct labor account. As delta base and delta fringe costs are recorded as direct labor for all contracts, the indirect cost rate is lower than it would be if these costs were accounted for as other direct costs or indirect costs.
BAlS July 27, 2021
Benjamin Crawford, President/Principal Date
Crawford & Associates. Ind
1100 Corporate Way. Suite 230)
Sacramento. CA 95831 (916) 455-4225
Crawford Corporate Office: 1100 Corporate Dnive, Suite 230, Sacramento, CA 95831 (916) 455 4225 Modesto: 1165 Scenic Drive, Suite B, Modesto, CA 95350 - (209) 312-7658 Pleasanton 6200 Stoneridge Mail Road, Suite 330, Pleasanton, CA 94588 (925) 401 3515 & Associates, Inc. Rocklin: 4220 Rocklın Road, Suite 1, Rockin, CA 95677 - (916) 455-4225 Geotechnical Engineering. Design Ukiah 100 North Pine Street, Ukiah, CA 95482 - (707) 240-4400 and Construction Services
2021 PROFESSIONAL & LAB RATES
PROFESSIONAL TITLE RATE CONSTRUCTION/EQUIPMENT DETAIL RATE Principal 215.00 Seismic Refraction (12 Channel) DAY $ 1,200.00 Senior Project Manager 200.00 Core Machine with Generator DAY 2,500.00 Project Manager 175.00 Core Machine Bit INCH $ 3.00
Senior Geologist 155.00 Core Box EACH $ 17.25
Senior Engineer $ 155.00 Hot Mix Asphalt Patching (1st Core) FIRST $ 1,000.00 Project Engineer II 145.00 Hot Mix Asphalt Patching (2 or More) EACH AFTER $ 500.00 Project Engineer I 125.00 Wildcat DCP Equipment DAY $ 750.00 Staff Engineer 115.00 Wildcat DCP Tip EACH $ 15.00
Administrative Assistant 90.00 Survey Equipment (Tripod, Level, Rod) DAY $ 150.00 Groups 1 - 2 (Prevailing Wage) ** 150.00 Survey Equipment (Liquid Level) DAY 150.00 Groups 3 - 4 (Prevailing Wage) ** 120.00 Percolation Equipment DAY $ 150.00 Laborer Technician (Prevailing Wage) ** $ 110.00 Hand Auger DAY 150.00 Backfill BAG
REIMBURSABLES Steel Liners (MCAL/SPT) EACH
Mleage (Current IRS Rate) At Cost CLASSIFICATION TESTING Outside Costs 10% Markup #200 Wash ASTM D1140 110.00
Per Diem (Lodging & Meals) At Cost Grain Size Analysis 1o 4200 (Sieve Analysis) ASTM D6913 $ 150.00 Grain Size with Hydromoter ASTM D6913, D7928 $ 240.00
Hydrometer Analysis ASTM D7928 $ 175.00
Misture & Donsily ASTM D2216, D7263 $ 60.00
Moisture Content ASTM D2216, CTM 226 $ 40.00
Non-Plastic Index Result ASTM D4318 $ 125.00
Plasticity Index ASTM D4318 $ 250.00
STRENGTH TESTING
California Impact CTM 216 280.00
Compaction Curve (4 Mold) ASTM D698/D1557 $ 265.00
Compaction Curve (6" Mold) ASTM D698/D1557 $ 295.00
Compaction Curve Checkpoint (4" Mold) ASTM D698/01557 $ 66.00 Compaction Curve Checkpoint (6" Mold) ASTM D698/D1557 74.00 Compression (Rock) ASTM 7012 275.00
Compressive Strength of Cylinders ASTM C39 34.50
Direct Shoar (CD 3pt) Peak Only ASTM D3060 $ 500.00
Point Load (Rock) ASTM D5731 65.00
R-Value ASTM D2844, CAL 301 350.00
Triaxial Shear-UU ASTM D2850 $ 165.00
Traxial Staged-UU ASTM 02850 $ 265.00
Unconfined Compression (Rock) ASTM D7012 $ 225.00
Unconfined Compression (Soil) ASTM D2166 165.00
CONSOLIDATION & EXPANSION
1-D Consolidation ASTM D2435 300.00
1-D Consolidation (Time Rate) / Per Point ASTM D2435 75.00 Expansion Index ASTM D4829 210.00
CHEMICAL ANALYSIS TESTING
pH & Resistivity CTM 643 $ 100.00
Sulfate Content CTM 417 50.00
Chloride Cantent CTM 422 50.00
Redox Potential and Sulfate Reducing Bacteria ASTM D1498 $ 110.00
PAVEMENT TESTING
Asphalt Ignition Calibration CTM 382 $ 345.00
Grain Size Analysis CTM 209 $ 150.00
Percent Asphalt Ignition Oven CTM 3B2 $ 145.00
Sand Equivalent CTM 217 130.00
Stabilometer Value CTM 366 $ 200.00
Theoretical Max Specific Gravity/Density CTM 309 200.00
SEISMIC ANALYSIS
EZ Frisk Site Specific Analysis PER PROJECT 1,500.00
lain the same throughout the duration of the project
EXHIBIT C
Dept. Head Sig.:
Due Date:_
EXHIBIT C Return to:
City of Merced
Authorization of Services Agreement
Name of City Contact Phone Ext.
Description of Services to be Provided: Official Use Only Check Box If Applicable To Project:
License (1)* Type Business License (2)* Bonds (6)*
Insurance (13)* Workers' Compensation (14)* Prevailing Wages (15)* * Numbers correspond to paragraph numbers on the Terms and Conditions attached hereto.
Consultant: Proposal/Quote
2. Total Amount $
By completing and executing this document, Consultant agrees to be bound to the Terms and Conditions attached hereto and incorporated by reference, any additional terms and conditions found on the Purchase Order, and any other terms and conditions imposed by the City and attached hereto or in the Merced Municipal Code, and makes the City an offer for the above-mentioned services at the above-mentioned price. This agreement is not binding on the City until executed by the City Manager, or his/her designee, and a Purchase Order is issued to Consultant. Any terms and conditions proposed by Consultant shall not be binding upon the City unless expressly agreed to in writing by the designated representative of the City.
The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Consultants
Print Name Name of Business Entity
Date
Signature Phone No.
License No.:
Position/Title (If Applicable)
Accepted by City of Merced Official Use
Only
Date
City Manager or Designee
X: Agreements\Engineering|2021 Exhibit C to PSA for On Call Services.docx
EXHIBIT C
City of Merced
Authorization of Services Agreement
TERMS AND CONDITIONS FOR
SERVICES CONTRACTS
THESE TERMS AND CONDITIONS, ("Terms and Conditions") are made and entered into on the date shown on the attached Statement of Services, by and between the City of Merced, a California Charter Municipal Corporation, ("City") and the Consultant, Vendor, Contractor, or Person, ("'Contractor") shown on the Authorization for Service Agreement. These Terms and Conditions, Authorization for Service Agreement, and the Consulting and Protessional Services Contract shall herein be collectively referred to as the "Agreement." Any words that Consultant adds to the Agreement or any form that Consultant uses in the course of business will not change or supersede these Terms and Conditions. The City must agree, in writing, to any change in terms and conditions.
The City's acceptance of any work or services is not an acceptance of Consultant's conflicting terms and conditions should such exist.
1. CONTRACTOR'S SERVICES. Contractor shall, at its own cost and expense and as authorized and directed by the City, provide the personnel, supervision, equipment, supplies, services, administration, transportation, and other needs to complete the work described in the Authorization for Service Agreement and the City's Purchase Order, which is hereby incorporated and made a part of these Terms and Conditions, within the agreed upon time schedule and budget. The Contractor is responsible for obtaining and administering the employment of personnel having the training, experience, licenses, and other qualifications necessary for the work assigned. All project-related costs shall be assumed and paid by the Contractor. These Terms and Conditions and Purchase Order provide the exclusive means of payment and reimbursement of costs to the Contractor by the City.
Such work shall include the following:
a. The Contractor shall perform the services as described in the Statement of Services and Purchase Order in full compliance with these Terms and Conditions and adopted City policies and guidelines as provided to the Contractor, and in compliance with all other applicable laws and regulations.
b. The Contractor shall perform all services and prepare all documents in professional form, exercising the special experience, skill, and education required for such service.
C. The Contractor shall provide finished documents of presentation quality that evidence the highest standards of investigation, professional review, public participation, and presentation.
2. SCHEDULE OF PERFORMANCE AND BUDGET. The Contractor shall satisfactorily perform the services described in the Statement of Services and Purchase Order within the Time Schedule stated or agreed to between the Contractor and the City. The Contractor shall review the remaining work and remaining budget at least monthly (or at such other interval as directed by City staff) and shall confirm that completion may be expected within the budget approved or, in the X: Agreements \Engineering\2021\Exhibit C to PSA for On Call Services.docx
EXHIBIT C
City of Merced
Authorization of Services Agreement
alternative, give immediate notice when it shall first appear that the approved budget will not be sufficient, together with an explanation for any projected insufficiency.
The Contractor shall immediately inform the City of any problems, obstructions, or deviations of which the Contractor becomes aware affecting Contractor's ability to complete the project in a timely, efficient, and competent manner.
RISK OF LOSS PRIOR TO FINAL ACCEPTANCE. Risk of loss from total or partial destruction of the work, prior to final acceptance, shall be borne by Contractor regardless of the cause.
Contractor shall repair or replace such damages or destroyed work to its prior undamaged condition before being entitled to additional progress payments or final payment. Total or partial destruction or damage shall not excuse Contractor from completion of work.
4. COMPENSATION. Payment by the City to the Consultant for actual services rendered shall be made upon presentation of an invoice detailing services performed and authorized.
PERMITS AND LICENSES.
a. Contractor shall apply for and procure permits and licenses necessary for the work. b. Contractor shall give notices necessary and incidental to the due and lawful prosecution of the work and shall comply duly with the terms and conditions of permits and licenses.
Contractor shall pay charges and fees in connection with permits and licenses.
X: \Agreements\Engineering|2021 Exhibit C to PSA for On Call Services.docx