Local Assistance Procedures ManualExhibit 12-F
Cost-Effectiveness Determination / Public Interest Finding / A&E Noncompetitive EXHIBIT 12-F: COST-EFFECTIVENESS / PUBLIC INTEREST FINDING / A&E NONCOMPETITIVE COST-EFFECTIVENESS / PUBLIC INTEREST FINDING for CONSTRUCTION CONTRACTS
COST-EFFECTIVENESS DETERMINATION REQUIRED PUBLIC INTEREST DETERMINATION REQUIRED [ ] Use of force account (23 CFR 635.204, 205)* [ ] Use of publicly furnished materials (23 CFR 635.407) [ ] Use of publicly owned equipment (23 CFR 635.106) I ] Use of contracting method other than competitive [ ]Other*: bidding (23 CFR 635.104/204)*
[ ] Use of mandatory borrow/disposal sites (23 CFR
635.407)
I 1 Advertising period less than 3 weeks (23 CFR 635.112)* I lOther*:
* Requires Caltrans District approval. (Construction determinations above are not applicable to this A&E consultant procurement.) NON-COMPETITIVE DETERMINATION for A&E CONTRACTS
[X] Use of non-competitive negotiated consultant contracts (23 CFR 172.7(a)(3))* (Must select one of the limited circumstances below.)
MUST MEET ONE OF THE FOLLOWING LIMITED CIRCUMSTANCES:
[ ] Service is available only from a single source
/ 1 There is an emergency which will not permit the time necessary to conduct competitive negotiations [X] After solicitation of a number of sources, competition is determined to be inadequate FEDERAL-AID PROJECT CLASS OF FEDERAL FUNDS: I
JIM [ ]NH [ ]STP [X]
OTHER: Varies by task order (e.g.,
CMAQ, ATP, HIP, STBG, CDBG)
ID DIST-CO-RTE-PM (or City & ESTIMATED COST FEDERAL FUNDS Street)
N/A - on-call master agreement; District 06 - City of Parlier, Fresno $4,000,000 (contract Varies by task order; federal share per Federal-aid project number County (various local streets; off not-to-exceed, all task assigned per task order State Highway System) orders over term) [ ]PROJECT SPECIFIC IX] MULTIPLE PROJECTS [ ]REGIONAL/DISTRICTWIDE I ] STATEWIDE
GENERAL LOCATION GENERAL DESCRIPTION OF WORK
City of Parler, Fresno County, On-call professional civil engineering and related services (grant writing; environmental/NEPA-CEQA c California (Caltrans District 06) - of-way; design/PS&E; construction management) for the City's state and federally funded projects, per citywide, on-call. City-approved task orders. Term: three (3) years with two (2) optional one-year extensions (five years r REASONS THAT REQUESTED APPROVAL IS CONSIDERED (cost-effective, in the public interest, or meets A&E non-competitive procurement):
The City of Parlier procured on-call engineering services through a qualifications-based selection (QBS) process in accordance with the Brooks Act (40 USC 1101-1104), 23 USC 112, 23 CFR Part 172, 2 CFR Part 200, and Chapter 10 of the Caltrans Local Assistance Procedures Manual. A Request for Qualifications (RFQ) was advertised and released on March 18, 2026 and posted on the City's website (www.parlier.ca.us); Statements of Qualifications (SOQs) were due April 20, 2026. After solicitation, the City received only one (1) SOQ, from A&M Consulting Engineers. The City's selection committee evaluated the SOQ against the published RFQ criteria and determined the firm to be qualified to perform the required services, and the City negotiated rates and a cost proposal determined to be fair and reasonable consistent with 48 CFR Part 31. Because only one responsive proposal was received after adequate solicitation, competition is determined to be inadequate under 23 CFR 172.7(a)(3)(ii)(C), and the City requests approval to negotiate a non-competitive contract with the single qualified firm. The City considered re-advertising the RFQ and determined that re-advertisement is unlikely to yield additional competition and would delay delivery of time-sensitive grant-funded projects; therefore, proceeding with the single qualified firm is in the public interest.
On-call master agreement. No work is authorized except through City-approved task orders, each of which will comply with applicable federal and state requirements (including DBE goals, cost/rate basis, and environmental clearance) at the task- order level. Contract not-to-exceed $4,000,000; term three (3) years with two (2) optional one-year extensions (five years maximum). RFQ advertised 3/18/2026; SOQs due 4/20/2026; one SOQ received (A&M Consulting Engineers).
Recommended for City Council approval on August 6, 2026 (Resolution No. 2026-_
PREPARED / APPROVED BY LOCAL AGENCY'S REPRESENTATIVE
Signature: Date:
Name and Title: Aaron Palmer, City Manager, City of Parlier * APPROVED BY DISTRICT LOCAL ASSISTANCE ENGINEER (DLAE) Signature: Date:
DLAE Name: _ (Caltrans District 06)
Distribution: (1) Local Agency File - Original; (2) DLAE - Copy; (3) Caltrans Project Manager - Copy if on the SHS.
EXHIBIT 12-F - INSTRUCTIONS
1. Check the appropriate box under "Cost-Effectiveness Determination Required" or "Public Interest Determination Required" for construction contracts. If "Use of non-competitive negotiated consultant contract" for A&E contracts is checked, select one of the limited circumstances provided.
2. Check "Class of Federal Funds" as follows: IM - Interstate Maintenance, NH - National Highway, STP - State Transportation Program, Other (all other classes).
3. Provide the Federal-aid Project ID number in the first column.
4. Identify Caltrans District-County-State Route-Post Mile, or City and street, in the second column.
5. List the Estimated Cost of the portion of the project subject to this PIF.
6. List the amount of the Federal Funds in the portion of the project subject to this PIF.
7. Describe the "General Location" applicable to this PIF.
8. Provide the "General Description of Work" affected by this PIF.
9. Explain and give "Reasons that requested approval is considered to be cost-effective, in the public's best interest, or meets A&E non-competitive procurement." Provide cost analysis or comparison as evidence of cost-effectiveness.
10. "Remarks" is for the Local Agency Representative preparing the Finding.
11. Signature, Name, and Title of Local Agency Representative preparing or approving the PIF, as appropriate, and Date.
12. Signature and Name of the District Local Assistance Engineer approving the PIF, as required, and Date.
REQUEST FOR QUALIFICATIONS
FOR
ON-CALL ENGINEERING SERVICES FOR
STATE AND FEDERALLY FUNDED PROJECTS
Date Released: March 18, 2026
Questions regarding submission, process, or proposal can be emailed to:
Aaron Palmer
City Manager
[email protected]
Proposals must be received prior to 5:00 P.M. on
April 20, 2026, at the office of City Clerk:
City of Parlier
1100 E Parlier Avenue
Parlier, CA 93648
TABLE OF CONTENTS
Request for Qualifications
On-Call Engineering Services for State and Federally Funded Projects REQUEST FOR QUALIFICATIONS.... ...3
PROJECT DESCRIPTION AND BACKGROUND ..5
SCOPE OF SERVICES.. ...5
PURPOSE OF WORK.. ..5
TASK ORDERS. ...8
GENERAL PERSONNEL REQUIREMENTS... ...8
DELIVERABLES 10
SCHEDULE 10
METHOD OF PAYMENT 10
MATERIALS TO BE PROVIDED BY THE CONSULTANT. 10
RESPONSIBILITIES OF THE CITY.. ..10
SUBMITTAL REQUIREMENTS 11
PROPOSAL EVALUATION 16
EVALUATION PROCESS 16
EVALUATION CRITERIA. ..17
ATTACHMENTS
Exhibit 10-G: Individual A&E Task Order DBE Tracking Sheet Exhibit 10-l: Notice to Proposers DBE Information
Exhibit 10-01: Consultant Proposal DBE Commitment
Exhibit 10-02: Consultant Contract DBE Commitment
Exhibit 10-Q: Disclosure of Lobbying Activities
Exhibit 10-R: A&E Sample Contract Language
Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement Exhibit 15-H: DBE Information - Good Faith Efforts
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REQUEST FOR QUALIFICATIONS
On-Call Engineering Services
for State and Federally Funded Projects
The City of Parlier ('City") is seeking a qualified consulting firm to provide civil engineering services on an on-call basis. The response to this solicitation will be in the form of a Statement of Qualifications.
The City intends to enter into an agreement with one (1) qualified consulting firm for the requested services. Total amount payable to the Consultant shall not exceed $4,000,000 and with a performance period of the contract of 3 years, with the option of two one-year extensions for a total of five years.
All qualified firms interested in providing these services are invited to submit their Statement of Qualifications (SQs). The Consultant's SOQs will be evaluated and ranked according to the criteria provided in the Proposal Evaluation procedures of this Request for Qualifications (RFQ).
Addenda to this RFO, if issued, will be sent to all prospective Consultants the City has specifically e- mailed a copy of the RFQ to and will be posted on the City's website at:
www.parlier.ca.us
It shall be the Consultant's responsibility to check the City's website to obtain any addenda that may be issued.
The Consultant's attention is directed to the Submittal Requirements section of this RFQ.
Submit five (5) hard copies and one (1) electronic copy in PDF format on a CD/DVD/Flash Drive, of the Consultant's SOQs. The hard copies and CD/DVD/Flash Drive shall be mailed or submitted to the City of Parlier, 1100 E Parlier Ave, Parlier, CA 93648, prior to 5:00 P.M. on April 20, 2026. SOQs shall be submitted in a sealed package clearly marked "ON-CALL ENGINEERING SERVICES FOR STATE AND FEDERALLY FUNDED PROJECTS" and addressed as follows:
City of Parlier
Attention: City Clerk
1100 E Parlier Avenue
Parlier, CA 93648
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 5:00 P.M. on April 20, 2026.
Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected. 3 of 20
Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. Interviews will be held with the top ranked consultant.
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 interest of the City to do so.
The prospective Consultants are 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, but subject to change:
SOQ review and evaluation: Week of April 20, 2026
Cost Negotiation: Week of April 20, 2026
Contract Award: Week of May 4, 2026
Any questions related to this RFQ shall be submitted in writing to the attention of Aaron Palmer via email at [email protected]. Questions shall be submitted before 5:00 P.M. on April 10, 2026.
Answers to questions shall be posted on the City website or sent out to prospective consultants before 5:00 P.M. on April 14, 2026. No oral question or inquiry about the RFQ shall be accepted. 4 of 20
PROJECT DESCRIPTION AND BACKGROUND
The City will select one qualified consulting firm to provide on-call engineering services related to federal and state funded projects, including, but not limited to, funding programs such as CMAQ, HIP, ATP, CDBG, and others. The consultant shall provide civil engineering, grant writing, master project planning, construction management/administration services and follow the City Standards along with all pertinent State, Federal and City 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 one (1) on-call contract for Services for Federal and State funded projects. The City does not guarantee a specific number or dollar amount of projects will be contracted.
SCOPE OF SERVICES
PURPOSE OF WORK
The City intends to fund & construct various projects 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 grant writing, site investigations, cost estimating, planning, preliminary engineering, civil engineering design, land surveying, construction management and other services as deemed necessary by the City for which the consultants are qualified related to federal, and state funded projects. The consultants 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:
• Project Management - The Public Works Director will serve as the contract manager and direct liaison between the consultant and Caltrans District Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, grant writing, meeting deadlines for grant submissions, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and consultant subconsultants, and preparing all submissions for the City to submit to Caltrans Local Assistance.
• Preliminary Engineering Studies - Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc.
• Surveys and Mapping - The consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, right-of-way impacts, and the level of environmental clearance. The scope of comprehensive base mapping and surveying included but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of-Way Retracement, and a Record of Survey. • Grant Writing & Administration - Complete state and federal grant applications for competitive programs, assist in community engagement meetings, & complete public surveys. • Grant Management - Prepare and submit regular progress reports to grantors in accordance with established timelines. Maintain accurate and complete grant files, including financial 5 of 20
records, progress reports, and correspondence. Ensure timely submission of all required grant- related documentation. Develop and maintain a grant management plan outlining key• milestones, deliverables, and responsibilities. Monitor grant expenditures and budget adherence, ensuring compliance with grantor requirements. Coordinate with program staff to ensure project activities align with the grant's objectives. Maintain detailed records of grant- related activities and documentation to demonstrate compliance. • Environmental Studies and Documentation - Complete the environmental review; including submitting the Caltrans Preliminary Environmental Study and preparing any required technical studies to complete the NEPA document. The consultant will assist the City in preparing the CEQA document.
• Utility Coordination - Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, including relocation of the utility poles, as needed. • Right of Way Phase & Determination - Consultant shall prepare Request for Authorization to advance project to Right of Way Phase using procedures outlined in the Caltrans Local Assistance Procedures Manual. When authorized, consultant shall review right-of-way records and establish additional right-of-way along the entire alignment, if necessary. • Design - Design the improvements and prepare the plans, specifications, and estimates in accordance with Caltrans Standards and AASHTO Geometric Design guidelines to achieve project objectives. Consultant shall examine and present project alternatives, as necessary, which complete project goals within construction budget. PS&E shall be submitted to the City at 60%, 90%, and final contract documents.
• Coordination with Adjacent Properties - Coordinate with adjacent property to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal.
• Construction Phase Authorization - Consultant shall prepare Request for Authorization to advance project to Construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.
• Bid Process - Provide an electronic copy of the final approved plans and specifications, a mylar copy of the final approved plans, and a hard copy of the final approved specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. City will be responsible for making copies of contract documents and will distribute to plan rooms and contractors. Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by the City, as necessary. • Construction Management - Consultant shall provide construction management and construction observation services during construction. Construction management scope of activities including but not limited to, convene a pre-construction meeting with City, contractors, utility company representatives, etc., perform construction staking, construction observation during construction, daily field reports, prepare and maintain detailed documentation including photographs and/or video if warranted, convene construction progress meetings as required, review contractor pay requests, review proposed change orders, review and recommend final acceptance of project by City.
• Project Administration - Consultant shall prepare and submit Requests for Authorization (RFA) to Caltrans Local Assistance for the various phases of work including, but not limited to the following:
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Preliminary Engineering (PE)
Right of Way (R/W)
Utility Relocation (RW/UTIL)
• Construction (CON)
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Consultant shall prepare and submit Award Package and Final Report of Expenditures to Caltrans and shall assist the City on the preparation of Federal and State invoices.
These services shall be in accordance with Caltrans Standards, FHWA Standards, and the City's Standards.
TASK ORDERS
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 the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for each project, schedule, DBE commitment, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultants to establish the maximum fee, including expenses, for the specific project and the completion date. Pursuant to an authorized Task Order, the consultants shall provide engineering services 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 consultants' services and work product. The consultants are responsible for supplying and providing all necessary equipment and protective clothing in accordance with City 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 shail be described in each Task Order.
The consultants 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 consultants shall maintain a set of project files that shall be provided to the City upon request. The consultants shall have the ability to respond in a timely and cost-efficient manner to City requests.
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 responsible person shall be a qualified professional civil engineer experienced with design and administration of federal and state funded projects and shall be currently employed by the consultant or its Subconsultants at the time the deliverables are submitted to the City for consideration under the review and acceptance process.
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The consultant is required to submit a written request and obtain the City's Contract Administrator'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 Contract Manager shall be a Registered Professional Engineer (PE) licensed in the State of California in good standing with the California State Board for Professional Engineer, Land Surveyors, and Geologists at all times during the Contract period, to perform the tasks described in this Contract and in the Task Orders.
In addition to other specified responsibilities, the consultant Project Manager shall be responsible for all matters related to the consultant's personnel, subconsultants, and consultant's and sub-consultants' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined, and those criteria are specific, measurable, attainable, realistic and time bound.
b. Supervising, reviewing, monitoring, training, and directing the consultant's and sub-consultants' personnel.
c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
d. Administering personnel actions for consultant personnel and ensuring appropriate actions 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, ensure 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 City. k. Managing Subconsultants.
Managing overall budget for Contract and provide report to the City Contract Administrator. m. Monitoring and maintaining required DBE involvement. n. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements. o. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.
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DELIVERABLES
As agreed upon by the City and consultant in a Task Order for each project.
SCHEDULE
As agreed upon by the City and consultant in a Task Order for each project.
METHOD OF PAYMENT
Consultant shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and consultant in a Task Order for each project. Consultant shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, 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.
RESPONSIBILITIES OF THE CITY
The City shall be responsible for compensating the Consultant as provided in the Contract agreement for services rendered. The City is to provide a "City Representative" who will represent the City and who will work with the consultant in carrying out the provisions of this RFQ. The Consultant shall communicate with the City Representative (Aaron Palmer, City Manager) who will provide the following services:
a. Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
b. Give reasonably prompt consideration to all maters submitted by Consultant for approval to the end that there will be no substantial delays in Consultant's program of work c. Process invoices submitted by Consultant
d. Approve or Deny all change order (CO) work submitted by Consultant e. Provide Consultant with surveys, maps and other documentation, if available and necessary, for the completion of Consultant's work
f. Act as coordinator between Consultant and other City representatives g. Provide City Record improvement drawings as necessary for the design h. Provide exhibits of the available right-of-way for the projects) 10 of 20
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:
Aaron Palmer
City Manager
1100 E Parlier Ave
Parlier, CA 93648
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 addenda 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. 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 detailed descriptions of previous projects where the consultant has demonstrated the capacity to manage municipal projects funded by State and/or Federal funds, which include the following information:
1. Contracting agency
2. Contracting agency Project Manager/Contact Person including name, address and phone
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
Describe and list demonstrated experience on projects administered by Caltrans Local Assistance and funded by State and/or Federal funds. Lastly, consultant shall describe and list successful grant applications for other similar agencies.
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subconsultants and number of project staff, facilities available and experience of 11 of 20
your team as it relates to this contract. Provide an organizational chart.
2. Describe your project and management approach.
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.
4. Demonstrate that the consultant's project manager and project staff have enough availability and/or that consultant has sufficient resources to timely deliver City's Federal and State Funded projects.
4. Conflict of Interest Statement
All firms are required to disclose throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering 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 design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in 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. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If a consultant discovers a conflict during the execution of an assigned task order, the consultant must immediately notify the City Contract Manager regarding the conflicts of interest. The City Contract Manager 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 Manager may be grounds for termination of the contract.
5. 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.
6. Contract Agreement
Indicate if the proposing consultant has any issues or needed changes to the proposed contract agreement included as Attachment A.
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 49 CFR Part 18, 48 CFR Part 31, and 2 CFR Part 200. 12 of 20
7. 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-l, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are provided for the proposer in the following Attachments.
Exhibit 10-G: Individual A&E Task Order DBE Tracking Sheet Exhibit 10-l: Notice to Proposers DBE Information
Exhibit 10-01: Consultant Proposal DBE Commitment
Exhibit 10-02: Consultant Contract DBE Commitment
Exhibit 10-Q: Disclosure of Lobbying Activities
Exhibit 10-R: A&E Sample Contract Language
Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement
Exhibit 15-H: DBE Information - Good Faith Efforts
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 submittal due date. For a list of work codes,
http://www.dot.ca.gov/hq/bep/find certified.htm.
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:
http://www.dot.ca.gov/hg/bep/findcertified.htm.
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 resultin 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 contractors and subcontractors who bid or work on public works projects must register with the Department of Industrial Relations (DIR). • Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-01). The local agency's current contract DBE Goal is 0%.
• 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 FFE irrespective of meeting the DBE goal.
• Disclosure of Lobbying Activities (LAPM 10-Q)
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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:
: 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.
8. Cost Proposal
The consultant performs the specific items of work for services stated in the contract. The method of payment is specific rates of compensation.
In order to assure that the City of Parlier 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 cost proposal for each service of the proposal. Proposing Consultants will be required to submit certified payroll records, as required. Cost proposal shall be submitted in a separate sealed envelope from the proposal. The cost proposal 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 cost proposal is opened just prior to negotiations. All other cost proposals are returned unopened after contract execution. Consultant shall prepare a specific rate of compensation Fee estimate with progress payments at defined milestones/tasks.
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 onany 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.
9. Successful Past Performance with Grant Applications
Proposals must provide a list of successful past awards with grant applications for other local agencies.
Describe your teams experience with grant Implementation and compliance for the following:
• Develop and maintain a grant management plan outlining key milestones, deliverables, and responsibilities.
• Monitor grant expenditures and budget adherence, ensuring compliance with grantor requirements.
• Coordinate with program staff to ensure project activities align with the grant's objectives. • Maintain detailed records of grant-related activities and documentation to demonstrate compliance.
• Describe your teams experience with grant reporting and documentation for the following:
Prepare and submit regular progress reports to grantors in accordance with established timelines. • Maintain accurate and complete grant files, including financial records, progress reports, and correspondence.
14 of 20
• Ensure timely submission of all required grant-related documentation.
10. Past Work Performance with the City & Current Workload Proposals must provide a statement regarding the firm's past work with the City, if any. This statement will summarize the type of work performed for the City, contract amount, date, and contact person. In order to assure the City's best interest is protected, the Consultant shall disclose all current workload for each staff members who will be assigned to this project. 15 of 20
PROPOSAL EVALUATION
EVALUATION PROCESS
All submittals will be evaluated by City 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 requirements as set forth in this RFQ.
The selection process may 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. Interviews will be held with the top three ranked candidates. In the event that the City receives no more than one SOQ, the City may opt to not conduct an oral 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. 16 of 20
EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria and scored on a zero to five-point rating, as shown in the following table. 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 proposal is five hundred (500) points.
Below is a summary of the Evaluation Criteria and their respective weights.
Rating Scale
Not Non-responsive, fails to meet RFQ specifications. The approach has no Acceptable probability of success. For mandatory requirement this score will result in disqualification of submittal.
Below average, falls short of expectations, is substandard to that whịch is the 1 Poor beered norm, has a low probability of success in achieving project Has a reasonable probability of success, however, some objectives may not be 2 Fair
Acceptable, achieves all objectives in a reasonable fashion per RFQ Average specification. This will be the baseline score for each item with adjustments 3 based on interpretation of submittal by Evaluation
Committee members.
Above
4 Very good probability of success, better than that which is average or expecter Average / as the norm. Achieves all objectives per RFQ requirements and expectations Good
Exceeds expectations, very innovative, clearly superior to that which is average Excellent / or expected as the norm. Excellent probability of success and in achieving al 5 Exceptional objectives and meeting RFQ
Weighted scores for each Proposal will be assigned utilizing the table below:
No. Written Evaluation Criteria -Score
Rating Weight (Rating * Wight)
1 / Completeness of Response Pass/Fail Pass/Fail Pass/Fail 2 Qualifications & Experience 10
3 Organization & Approach 5
4 Past Experience on Municipal Projects 5
5 Staff Availability 5
6 Conflict of Interest Statement Pass/Fail Pass/Fail Pass/Fail 7 Familiarity with State & Federal Procedures 10
8 Grant Management 30
Successful Past Performance with Grant 30
9 Applications
10 Current Workload 5
Total: | 100
17 of 20
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 (10 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and sub- consultants to conduct civil engineering services on both federal and non-federal aid projects.
3. Organization & Approach (5 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 projects). ili. 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. il. Team successfully addresses Site Planning and Programming efforts. ili. 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.
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.
il. 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. 18 of 20
4. Past Experience on Municipal Projects (5 points)
a. Consultant demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with City standards and procedures.
5. Staff Availability (5 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver 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. Familiarity with State and Federal Procedures (10 points) a. Demonstrates past experience administering State and Federal funding programs including but not limited to RSTP, CMAQ, HSIP, ATP, etc.
b. Demonstrates familiarity with the Federal Aid Program and Caltrans Local Assistance.
8. Grant Management (30 points)
a. Describe your teams experience with grant Implementation and compliance for the following:
a. Develop and maintain a grant management plan outlining key milestones, deliverables, and responsibilities.
b. Monitor grant expenditures and budget adherence, ensuring compliance with grantor requirements.
c. Coordinate with program staff to ensure project activities align with the grant's objectives. d. Maintain detailed records of grant-related activities and documentation to demonstrate compliance.
b. Describe your teams experience with grant reporting and documentation for the following:
a. Prepare and submit regular progress reports to grantors in accordance with established timelines.
b. Maintain accurate and complete grant files, including financial records, progress reports, and correspondence.
c. Ensure timely submission of all required grant-related documentation. 19 of 20
9. Successful Past Performance with Grant Applications (30 points) a. Consultant provides a description of past grant work performed, including but not limited to:
i. Name of Grant
ii. Name of Project
ili. Contact Person
iv. Funding Amount Secured
10. Current Workload (5 points)
a. Consultant describes the firm's staff current workload and contract obligations, as well as its ability to prioritize the work of this contract's tasks. This statement provides enough assurances that the consultant will prioritize this contract. 20 of 20
Local Assistance Procedures Manual Exhibit 10-G
Individual A&E Task Order DBE Tracking Sheet
Exhibit 10-G: INDIVIDUAL A&E TASK ORDER DBE TRACKING SHEET Please fill out form in order
CONSULTANT NAME CONTRACT NUMBER FEDERAL PROJECT NUMBER TASK ORDER NUMBER
ADDRESS
CONSULTANT CONTRACT ADMINISTRATOR NAME PHONE NUMBER E-MAIL PROJECT TITLE:
PROJECT LOCATION:
SCOPE OF WORK
TOTAL MASTER CONTRACT AMOUNT:_ _END OF CONTRACT DATE:
TASK ORDER AMOUNT: TASK ORDER BEGIN DATE: TASK ORDER END DATE:
TOTAL DBE CONTRACT ESTIMATE OF THIS TASK ORDER
AMOUNT AMOUNT
CONSULTANT / SUBCONSULTANT DESCRIPTION OF WORK % OF DBE (NON-DBE) (DBE)
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
SUBTOTAL $ 0.00 $0.00 0.00%
TOTAL TASK ORDER AMOUNT $ 0.00
COMMENTS ON DBE UTILIZATION DEFICIENCIES (COMMITTED VERSUS MET) AND PLANS TO MEET COMMITTED PERCENTAGES:
(If percent less than task order DBE goal, briefly state why in 1-2 sentences).
The consultant acknowledges the DBE listed in the DBE Task Order Utilization section above must be used, unless authorized by the Local Agency.
Approved By:
CONSULTANT CONTRACT MANAGERS SIGNATURE DATE LOCAL AGENCY ADMIN SIGNATURE DATE
January 202
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 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: [
8. DBE
7. Descripton of Sup, service, or Materials Certification 9. DBE Contact Information 10. DBE% Number
Local Agency to Complete this Section
17. Local Agency Contract Number:
11. TOTAL CLAIMED DBE PARTICIPATION %
18. Federal-Aid Project Number:
Consultant's Ranking after Evaluation:
IMPORTANT: Identify all DBE firms being claimed for credit, ocal Agency certifies that all DBE certifications are valid and information o regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate required.
21: Local Agency Representative's Signature 22. Date 12. Preparer's Signature 13. Date
23. Local Agency Representative's Name 24. Phone 14. Preparer's Name 15. Phone
25. Local Agency Representative's TIlle 16. Preparer's Title DISTRIBUTION: Original - Included with consultant's proposal to local agency.
ADA Notic: For or ial cords and limits gimen, 120 vel, i sari, A infamelion cal 816) 654-0410 0r TD (916) 651- LPP 18-01 Page 1 of2
January 2019
Local Assistance Procedures Manual Exhibit 10-01
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. .. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisemen . Project Location - Enter the project location as it appears on the project advertisemen
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
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 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 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:
11. DBE 13. DBE
10. Description or Suppi Sorice, or Matorials Certification 12. DBE Contact Information Dollar Number Amount
Local Agency to Complete this Section
$
20. Local Agency Contract
Numhor 14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number:
%
22. Contract Execution
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 15. Preparer's Signature 16. Date
26. Local Agency Reprosentative's Name 26. Phone 17. Preparer's Name 18. Phone
27. Local Agency Representative's Tite 19. Preparer's Title STRIBUTION: 1. Original - Local Agen
recution may resul inde-obligelfon of feera tunde on contrailure to submit to DLAE within 30 days of contre ADA Note: 5080 or ville is and rama Mia get enc 1720 treat, i e, Santo, 8 amalin cal (10) 61-6410 or TOD (018) 6814-
July 23, 2015
Local Assistance Procedures Manual Exhibit 10-02
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
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
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
ExHIIT 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 Da. bid offer/application Da. initial
Ob. grant • b. initial award Ob. material change
• c. cooperative agreement • c. post-award
• d. loan For Material Change Only:
De. loan guarantee
Of. loan insurance
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 Distriet, 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 Sheets) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ • actual O planned Da. retainer
Cb. one-time fee
13. Form of Payment (check all that apply): Dc. commission Oa. cash Od. contingent fee
•b. in-kind; specify: nature. . De. deferred
Value Of. other, specify
15. (attach Continuation Sheets) if necessary)
16. Continuation Sheets) attached: ONo
Signature:_
Print Name:
Title:
Telephone No.:_ Datc:
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rov. 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 n employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additiona. nformation if the space on the form is inadequate. Complete all items that apply for both the initial filing and materia 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. 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. Dome the Asial pre CA nur des for gion fo, operate great act, is and a on enter the fill Catalog of Federal.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for oposal (RFP) number, Invitation for Bid (FFB) number, grant announcement number, the contract grant. or loan award numbe e application/proposal control number assigned by the federal agency). Include piefixes, e.g., "RFP-DE-90-001
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheets) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number. ublic reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewin struction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection c information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL-Instructions Rev. 06-04
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTAN" CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE
EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,
UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.
THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION.. .3
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS ...4
ARTICLE III STATEMENT OF WORK ... ..4
ARTICLE IV PERFORMANCE PERIOD.. 6
ARTICLE V ALLOWABLE COSTS AND PAYMENTS.. .. 6
ARTICLE VI TERMINATION... 10
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ..11 ARTICLE VIII RETENTION OF RECORD/AUDITS. ..11
ARTICLE IX AUDIT REVIEW PROCEDURES. 12
ARTICLE X SUBCONTRACTING... .. 13
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ... 15 ARTICLE XII STATE PREVAILING WAGE RATES.. .. 16
ARTICLE XIII CONFLICT OF INTEREST.... 19
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION... 19
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.... 20
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION. ..21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION.. ...22 ARTICLE XIX INSURANCE ... .28
ARTICLE XX FUNDING REQUIREMENTS.. 29
ARTICLE XXI CHANGE IN TERMS ......... 29
January 2026
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
ARTICLE XXII CONTINGENT FEE. ..29
ARTICLE XXIII DISPUTES... .... 30
ARTICLE XXIV INSPECTION OF WORK ... 30
ARTICLE XXV SAFETY... ... 30
ARTICLE XXVI OWNERSHIP OF DATA.... ...31
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR .. 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA ... 32
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION….. ...32 ARTICLE XXX EVALUATION OF CONSULTANT. .. 33
ARTICLE XXXI PROMPT PAYMENT.. ... 33
ARTICLE XXXII TITLE VI ASSURANCES ....... ....33
ARTICLE XXXIII NOTIFICATION. ...38
ARTICLE XXXIV CONTRACT............................... ... . .
ARTICLE XXXV SIGNATURES ......39
January 2026
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the "CONSULTANT" is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the "CONSULTANT" will be (NAME) The name of the "LOCAL AGENCY" is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article Ill Statement of Work and the approved CONSULTANT's Cost Proposal dated (DATE). The approved CONSULTANT's Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys' and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of LOCAL AGENCY.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds OCAL AGENCY harmless from any and all claims that may be made against LOCAL AGNEC ased upon any contention by any third party that an employer-employee relationship exists b reason of this AGREEMENT.
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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from LOCAL AGENCY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
1. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY's Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the AGREEMENT.
[Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed
B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Project Coordinator, as needed, to discuss progress on the projects).
ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state "Not Applicable to this AGREEMENT."] A. CONSULTANT Services
[Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent
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uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.
Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way
[State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.]
C. Surveys
[State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.]
D. Subsurface Investigations
[State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT's services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.
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J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.
ARTICLE IV PERFORMANCE PERIOD
[A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.]
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. [Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
[Choose either Option 1, 2, 3, or 4]
[Option 1 - Use paragraphs A through J below for Cost-Plus-Fixed Fee Agreements] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "" of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT's agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
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C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of AMOUND). he fixed tee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. [Option 2 - For Cost per Unit of Work Agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project].
A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in
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Article Ill Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.
C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "," of this article shall not be exceeded unless authorized by AGREEMENT amendment. [Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements (such as on- call Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT's approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT's approved Cost Proposal.
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CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including. but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. [Local Agency to include either (a) or (b) below; delete the other one] (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
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O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
[Option 4 - Use paragraphs A through E below for lump sum agreements.
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article Ill Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT's work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt equested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
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B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT's Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
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ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (lOAl). IOAl, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAl's review of the ICR audit work papers created by the CONSULTANT's independent CPA, IOAl will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAl identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
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Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAl is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAl will then have up to six (6) months to review the CONSULTANT's and/or the independent CPA's revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if lOAl is still unable to issue a cognizant approval letter after the revised independent CA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAl accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAl has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT's approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
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E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. [Choose either Method 1, Method 2, or Method 3 below and delete the other two.] Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant's work is satisfactorily completed.
Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
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Method 3: The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non- DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT's approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY's Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
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ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
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c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §$1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
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3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
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H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants' compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS
FOR LOBBYING
[Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.]
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalt of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
G. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR $11102.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
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C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shali 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;
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3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
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 (CUP) 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://caltrans.dbesystem.com/.
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- 02: 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 ONSULTANT must show that it ook all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, anı ppropriateness to the objective, could reasonably be expected to meet the DBE goal. I 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 disciminate 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 ONSULTANT 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 monthiy progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying ONSULTANT 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 obain materials from other surces 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 discimination).
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 GEs 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 BE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT's GFE The LOCAL AGENCY shall respond in writing to CONSULTANT's DBE replacement request within five (5) business days.
F. Commitment and Utilization
The LOCAL AGENCY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY's contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1"-tier subconsultant Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
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If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY's reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.
CONSULTANT must perform CUF evaluation for each BE 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 AGENC
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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 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.
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
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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 payments), 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, suppliers), 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
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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 submittall 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
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to LOCAL AGENCY, 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 LOCAL AGENCY 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 LOCAL AGENCY.
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 LOCAL AGENCY 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 LOCAL AGENCY for another project or project location shall be at LOCAL AGENCY's sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
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B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this AGREEMENT.
C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
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 LOCAL AGENCY or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, LOCAL AGENCY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, LOCAL AGENCY's attorney's fees and disbursements, including without limitation experts' fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payments). If the CONSULTANT does not make any payments to subconsultants, suppliers), 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.
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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 intormation 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.
January 2026
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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, CONSULTANI 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 I, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
January 2026
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
(*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 Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, hereo does hereta veen as gre ee and sled and pass adora rate ante 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,
January 2026
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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 non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Titte 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 Il and lil 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
January 2026
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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:
(CONSULTANT)
(NAME) Project Manager
(ADDRESS)
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
January 2026
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
ARTICLE XXXV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date: Date:_
January 2026
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 CONFIDENTIALITY STATEMENT!
RFP/RFQ PROCUREMENT NUMBERS (if applicable):_
PROJECT NAME (and FPN, if applicable)?:
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.
• Ihereby 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 personal rauxiliary organization information, which is not a matter of public record, for Each consultant staff working in a management support role shall complete a separate forn 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 breact 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 cach Fodcral/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 lays from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-01: 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 pubict was placed by the bidder (please attach copies of advertisements or proofs of 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 DEs 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 Normally Performs Item 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, ecruiting and using DBE firms (please attach copies of requests to agencies and any response 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
1 & M
CONSULTING ENGINEERS
April 20, 2026
A&M
Consulting Engineers
Request for Qualifications for On-Call Engineering Services for State and Federally Funded Projects for the City of Parlier.
Primary Contact 608 E. Center Ave
Orfil Muniz, PE Visalia, CA 93292
Principal Civil Engineer P: 559.429.4747
[email protected]
am-engr.com
FIG TREE PARK
MeHT TO YOU BY.
A^ & M
Table of Contents
1. Introductory Letter
Introductory Letter
2. Consultant Information, Qualifications & Experience Page 4 Consultant Information, Qualifications & Experience
3. Organization and Approach Page 13
Organization and Approach
4. Conflict of Interest Statement Page 20
Conflict of Interest Statement
5. Litigation, 6. Contract Agreement, 7. Federal-Aid Provisions Page 20 Litigation, Contract Agreement, Federal-Aid Provisions
8. Cost Proposal
Attached Separately
9. Successful Past Performance with Grant Applications Page 21 Successful Past Performance with Grant Applications
10. Past Work Performance with the City & Current Workload Page 22 Past Work Performance with the City & Current Workload
Appendix A Page 23
Staff Resumes
1. Introductory Letter
April 20, 2026
City of Parlier
Attn: Aaron Palmer
City Manager
1100 E Parlier Avenue
Parlier, CA 93648
Dear Aaron & Selection Committee,
On behalf of A&M Consulting Engineers, we are pleased to submit our Statement of Qualifications for the City of Parlier's Request for Qualifications for On-Call Engineering Services for State and Federally Funded Projects.
A&M understands that the City is seeking a qualified consulting firm to provide on-call support for a broad range of services associated with state and federally funded projects. Based on the RFQ, these services may include project management, grant writing and administration, preliminary engineering studies, surveying and mapping, environmental documentation, utility coordination, right of way support, design, bid phase assistance, construction management, and project administration in coordination with Caltrans Local Assistance requirements and other applicable state and federal procedures.
We recognize that the City intends to establish one on-call contract to support a variety of projects funded through programs such as CMAQ, HSIP, ATP, CDBG, and other state and federal sources, and that services will be assigned through individual task orders as needs arise. We also understand the importance of providing responsive and reliable support that can assist the City in advancing projects efficiently while maintaining compliance with City standards, Caltrans requirements, FHWA procedures, funding agency documentation standards, and audit requirements.
A&M Consulting Engineers brings hands-on experience supporting Central Valley cities and local agencies with municipal engineering, federally and state funded transportation projects, grant-funded capital improvements, construction administration, surveying, environmental coordination, and infrastructure design.
Our team understands the procedural and documentation demands associated with Caltrans Local Assistance projects, including phase authorizations, grant compliance, right of way coordination, utility coordination, PS&E development, bid support, and construction phase services. We are well prepared to assist the City of Parlier from early planning and grant development through design, delivery, reimbursement, and closeout.
Our firm is well suited for this assignment because we combine local responsiveness with practical experience delivering state- and federally funded projects. Our team includes licensed civil engineers, land surveyors, construction management personnel, and support staff experienced in Caltrans LAPM procedures, funding compliance, project controls, utility coordination, public agency coordination, and preparation of complete bid and construction documents.
A&M is committed to providing the City of Parlier with dependable service, sound technical judgment, and practical solutions that help keep projects moving while protecting funding eligibility and maintaining compliance. We appreciate the opportunity to be considered for this on-call contract and would be honored to support the City under this solicitation. A&M acknowledges that no addenda were issued.
Please contact our office if you have any questions or need additional information. Thank you for your time and consideration.
Sincerely
D.~
Orfil Muniz, PE
Principal Civil Engineer
[email protected]
A&M 3
2. Consultant Information, Qualifications & Experience
About Us.
A&M Consulting Engineers is a Central Valley civil engineering firm providing on-call professional services for state and federally funded projects. Our experience includes project management, preliminary engineering, design, surveying, environmental coordination, utility coordination, right-of-way support, bid-phase assistance, and construction management/engineering for local, state, and federally funded projects.
Our team is familiar with the requirements associated with state and federal funding, including coordination with Caltrans Local Assistance, FHWA, DWR, and other regulatory agencies. We understand the procedural and documentation requirements necessary to advance projects through planning, environmental clearance, design, PS&E, bidding, construction, reimbursement, closeout, and audit review.
A&M's management approach emphasizes direct communication with City staff, clearly assigned team roles, disciplined scope and budget management, and delivery of complete, compliant, and timely work products.
Our proposed team combines multidisciplinary technical expertise with practical experience delivering infrastructure improvements for public agency clients throughout the region.
CONSULTING ENGINEERS
Business Address Commercial General Liability
A&M Consulting Engineers | Visalia Office Policy Number: B7013593958 608 E Center Avenue Visalia, CA 93292
Business Automobile Liability
P: 559.429.4747 Policy Number: BUA7012551405 Workers'
Local Presence Compensation & Employers' Liability
A&M Consulting Engineers operates in Visalia and Policy Number: EIG294378206 has successfully worked with various cities around Professional Liability the area such as Parlier, Corcoran, Avenal, Exeter, Policy Number: ANE4938104.25 Selma, and Lemoore.
Type of Organization
Corporation
A&M 4
2. Consultant Information, Qualifications & Experience
Experience.
Relevant Experience with State- and Federally Funded Familiarity with State and Federal Procedures Public Works Projects
• Experience with Caltrans Local Assistance-administered A&M Consulting Engineers provides civil engineering projects and state/federal funding requirements. services to local agencies with experience delivering • Familiar with Local Assistance Procedures Manual state- and federally funded municipal projects. Our team requirements and project phase authorizations. has supported projects funded through ATP, HSIP, CMAQ. • Experience preparing and supporting Requests for CDBG, and other programs, with services including project Authorization for PE, R/W, Utility Relocation, and management, preliminary engineering, grant writing and Construction phases. administration, environmental coordination, right-of-way • Familiar with award package support, final reports support, design, bid support, construction management, of expenditure, invoicing support, and audit-ready and closeout reporting. documentation.
We have provided municipal engineering services for cities Grant Management and Compliance Experience including Parlier, Avenal, Exeter, and Corcoran, including •Experience developing and maintaining grant CIP support, grant-funded project administration, PS&E management plans, milestones, deliverables, and preparation, construction-phase services, and coordination schedules. with City staff, Caltrans Local Assistance, utilities, regulatory • Experience monitoring grant expenditures and budget agencies, and contractors. This experience has prepared adherence. our team to provide responsive, reliable support for smaller Supports coordination with agency staff to keep project local agencies throughout each task order. activities aligned with grant objectives. • Maintains organized grant files, financial records,
Municipal and Capital Improvement Experience
correspondence, and supporting documentation.
• Experience providing engineering services for cities • Assists with timely progress reporting and required grant- including Parlier, Avenal, Exeter, and Corcoran. related submittals. • Support has included day-to-day engineering services, Value to the City of Parlier CIP programming, development review, plan check,
and public works coordination. • Understands the need for responsive, reliable support for • Experience coordinating with City staff, utility small local agencies with limited staff resources. companies, regulatory agencies, contractors, and • Provides practical assistance with grant-funded project funding agencies. delivery, compliance, and documentation. • Familiar with municipal project delivery needs, • Able to support both day-to-day City needs and long- schedules, and task-order based support. term capital project delivery. • Offers a team familiar with the Central Valley and the Core Qualifications needs of comparable municipalities. • Civil engineering experience for federal-aid and non- Staff Availability federal-aid municipal projects.
• Knowledge of City standards, Caltrans requirements, • Team is structured to provide timely response to City and applicable state and federal regulations. requests and task orders.
Experience with DBE coordination, prevailing wage • Staff capacity is available to support multiple project compliance, and grant documentation requirements. phases and deliverables.
Ability to support planning, design, bidding, Project manager and key staff can be identified with construction, and project administration under one on- clear roles, availability, and workload summary in the final SOQ.
1& M
A&M 5
2. Consultant Information, Qualifications & Experience
CITY OF PARLIER MANNING AVENUE REHABILITATION PROJECT OF PARL Parlier, CA
1. Contracting City 10. Project Objective: The Manning Avenue City of Parlier Rehabilitation Project aimed to improve safety. enhanced road conditions, and strengthened
2. Contracting City Project regional connectivity for the community.
Manager
David Del Bosque
ublic Works Directo
11. Project Description: A&M developed complete Plans, Specifications, and Estimates
3. Contracting City Contact (PS&E) and provided project management services to maintain budget and schedule.
Information ensuring the project was delivered in compliance with local, state, and federal standards, (559) 646-3700 including Caltrans Local Assistance procedures. The improvements enhanced roadway safety, improved drainage-efficiency, and uparaded the corridor's visual character. The
4. Contract Amouni rehabilitation will extend pavement service life by approximately 30 years, addressing $3.475.678.42 critical infrastructure and safety needs for the City of Parlier and the regional transportation network.
5. Project Type(s) and Description
of Responsibilities
-Engineering Design
Surveying 12. Project Outcome: The project resulted in improved roadway safety, rehabilitated -Construction Engineering pavement infrastructure, enhanced long-term corridor performance, and improved -Guidance & Compliance regional mobility for the City of Parlier. with Federal, State, and Local
Regulations
6. Funding Source
Federal
7. Date of Contract
05/31/2023
8. Date of Completion
9/3/2025
9. Consultant Project Manager
and contact information
Orfil Muniz, PE
[email protected]
A&M 6
2. Consultant Information, Qualifications & Experience
OF PAR
1, 2, 3 - TCP REMOVAL TREATMENT SYSTEMS PROJECT
Parlier, CA
1. Contracting City 10. Project Objective: The City of Parlier's TCP Treatment Project City of Parlier will enhance community infrastructure and public health by delivering new water treatment filters, tanks, and supporting
2. Contracting City Project improvements such as upgraded utilities, pavement, lighting, Manager
David Del Bosque and landscaping that create a safer, more reliable, and Public Works Director sustainable environment for residents.
3. Contracting City Contact
Information 11. Project Description: A&M Consulting Engineers provided construction management (559) 646-3700 and oversight for the City of Parlier's TCP Removal Treatment Project, which delivered a centralized GAC treatment plant and well-site upgrades. Our CM/RE role centered on
1. Contract Amount verifying contractor and project compliance with environmental, permitting, and funding $17.615.832 requirements and coordinating with the State Water Resources Control Board to ensure regulatory compliance. Through this construction-phase support, the project advanced
5. Project Type(s) and Description toward providing safe, reliable drinking water while maintaining conformance with of Responsibilities
applicable state and federal standards.
-Engineering Design
-Construction Engineering
6. Funding Source 12. Project Outcome: The project resulted in improved drinking water system reliability.
State enhanced regulatory compliance, and expanded the City's capacity to provide safe, treated water through the successful construction of the TCP removal treatment facility
7. Date of Contract
and associated well-site improvements.
2/17/2017
8. Date of Completion
12/31/2024
9. Consultant Project Manager
and contact information
Orfil Muniz, PE
[email protected]
A&M 7
2. Consultant Information, Qualifications & Experience
GATEWAY PARK CITY
Corcoran, CA ARWA
2025 Public Works Project of the Year 1914
in the Structures Category CORCORA
1. Contracting City 10. Project Objective: The Gateway Park Project was intended to create a signature City of Corcoran community park for the City of Corcoran by delivering a safe, accessible, and family- oriented public space with recreational amenities, gathering areas, and site features that
2. Contracting City Project
support everyday use and community events.
Manager
Joseph Faulkner
Public Works Director 11. Project Description: A&M Consulting Engineers provided surveying, environmental clearance support, engineering design, traffic engineering, construction engineering, and
3. Contracting City Contact grant compliance services for the Gateway Park Project. The 8-acre park was designed Information as a prominent community destination and included picnic areas, a veteran's memoria (559) 992-2151 monument, an amphitheater, decorative concrete improvements, a water-efficient
4. Contract Amount splashpad, accessible playgrounds, parking, and related site infrastructure. A&M also $7,090,140 supported project delivery through planning, design, bidding, and construction-phase
5. Project Type(s) and Description
of Responsibilities 12. Project Outcome: Gateway Park created a lasting public asset for the City of -Surveying Corcoran by transforming the site into an accessible, multi-use community destination that -Environmental Clearance enhances recreation, civic identity, and quality of life. -Engineering Design
-Traffic Engineering
-Construction Engineering
-Guidance & Compliance
with Federal, State, and Local
Regulations
6. Funding Source
State
7. Date of Contract
7/1/2018
8. Date of Completion
6/30/2024
9. Consultant Project Manager
and contact information
Orfil Muniz, PE
[email protected]
CEL•
A&M 8
2. Consultant Information, Qualifications & Experience
PARLIER FLOOD PROTECTION PROJECT OF
Parlier, CA
1. Contracting City 10. Project Objective: This project will improve Parlier's stormwater infrastructure while at City of Parlier the same time creating safe, accessible, and attractive public spaces, enhancing flood
2. Contracting City Project protection, community amenities, and overall quality of life.
Manage
11. Project Description: A&M Consulting Engineers provided construction management and resident engineering services for the City of Parlier's Urban Flood Protection Project.
Our CM/CE role included oversight of storm drain and sewer manholes, and basin
3. Contracting City Contact improvements, We monitored construction of the new pump station at Richard Flores Information
(559) 646-3700 Basin and coordinated delivery of associated hardscape. Throughout the project, A&M administered construction activities to verify compliance with design intent and project
4. Contract Amount requirements, supporting the City in successfully delivering critical stormwater conveyance $5,018,562 upgrades and community amenities.
5. Project Type(s) and Description
of Responsibilities 12. Project Outcome: The project enhanced the City of Parlier's stormwater infrastructure -Engineering Design by improving drainage capacity, supporting flood protection, and delivering related -Construction Engineering public improvements that increased site functionality, accessibility, and community
6. Funding Source
State
7. Date of Contract
10/2021
8. Date of Completion
3/2026
9. Consultant Project Manager
and contact information
Orfil Muniz, PE
[email protected]
A&M 9
2. Consultant Information, Qualifications & Experience
FIG TREE PARK OF AP
Parlier, CA
1. Contracting City 10. Project Objective: The Fig Tree Park Project was developed to transform an City of Parlier underutilized open space into a safe, shaded, and accessible neighborhood park with ADA-compliant pathways, play areas, seating, native landscaping, and site improvements
2. Contracting City Project hat enhance comfort, usability, and long-term community value.
David Del Bosque
Public Works Director 11. Project Description: A&M Consulting Engineers provided engineering design. surveying, environmental clearance support, grant-related coordination, and funding
3. Contracting City Contact reimbursement assistance for the Fig Tree Park Project. The project included design of Information accessible pedestrian pathways, drought-tolerant landscaping with drip irrigation, and site (559) 646-3700 improvements associated with development of a new public park. A&M also coordinated
4. Contract Amount closely with the City of Parlier and funding agencies to support project delivery and required documentation.
$2,878,230
5. Project Type(s) and Description 12. Project Outcome: The project transformed an underutilized site into a functional and of Responsibilities
-Engineering Design welcoming public park that improved accessibility, provided new recreational amenities, -Surveying and enhanced neighborhood quality of life through thoughtful site design and community- -Construction Engineering focused improvements.
-Environmental Clearance
-Guidance & Compliance
with Federal, State, and Local
Regulations
6. Funding Source
State
7. Date of Contract
10/2023
8. Date of Completion
10/2024
9. Consultant Project Manager
and contact information
Orfil Muniz, PE
[email protected]
FIG TRÉE PARK
1& M
A&M 10
2. Consultant Information, Qualifications & Experience
CORCORAN SAFE ROUTES TO SCHOOL PROJECT CITY
Corcoran, CA
1914
REGRE
1. Contracting City 10. Project Objective: The Corcoran Safe Routes to School Project was developed City of Corcoran to improve pedestrian and bicyclist safety, accessibility, and connectivity around neighborhood schools by implementing infrastructure upgrades that create safer, more
2. Contracting City Project reliable routes for students and families traveling to and from school.
11. Project Description: A&M Consulting Engineers provided engineering design and project delivery services for the Corcoran Safe Routes to School Project, including
3. Contracting City Contact reparation of the successful ATP Cycle 5 grant application, design, bidding, and (559) 992-2151 construction management. The project included plans, specifications, and estimates; roadway, drainage, and pavement design; utility coordination; and construction of ADA-compliant sidewalks. curb and gutter, curb ramps, signage, striping, and pavement
4. Contract Amount
markings to improve safety and accessibility around neighborhood schools. $1,763,000
5. Project Type(s) and Description 12. Project Outcome: The project enhanced safety and accessibility in school areas by of Responsibilities delivering pedestrian, bicycle, and traffic control improvements that support safer routes -Traffic Engineering to school and improve everyday mobility for students, families, and the community. -Land Surveying
-RE Services
-Transportation Planning
-Guidance & Compliance with
Federal, State, Local, and State
Regulations
6. Funding Source
State
7. Date of Contract
3/22/2024
8. Date of Completion
9/23/2025
9. Consultant Project Manager
and contact information
Orfil Muniz, PE
[email protected]
A&M 11
2. Consultant Information, Qualifications & Experience
KIDS POCKET PARK
Avenal, CA
Avenal
1. Contracting City 10. Project Objective: The Kids Pocket Park Project was developed to create a small- City of Avenal scale, accessible neighborhood park that provides safe play space, shaded seating, and everyday recreational opportunities for local families and children.
Contracting City Projec
11. Project Description: A&M Consulting Engineers provided construction management 1d grant administration services for the Kids Pocket Park Project in Avenal. The proie eated a community-oriented park with inclusive play features, looping accessib 3 сона сі соси valkways, shaded seating areas, native drought-tolerant landscaping, decorative site lements, and liahting improvements desianed to support safe and comfortable publi
4. Contract Amount
$776,922
5. Project Type(s) and Description 12. Project Outcome: Kids Pocket Park created a functional and inviting neighborhood of Responsibilities amenity that improved access to recreation, supported family-oriented outdoor activity, -Construction Management and enhanced the quality of life for nearby residents. -Grant Management
6. Funding Source
State
7. Date of Contract
7/1/2018
8. Date of Completion
7/1/2025
9. Consultant Project Manager
and contact information
Orfil Muniz, PE
[email protected]
A&M 12
3. Organization & Approach
Key Personnel. OF PARLIER
^ & M
CONSULTING ENGINEERS
-
Project Manager
Orfil Muniz, PE, QSD, QISP, SUAS
Professional Engineer Assistant Engineers Professional Engineer David Hernandez, PE Denise Isaguirre, EIT Diego Covera, PE Edward Magana, EIT
Pedro Lopez, EIT
Gelasio Rodriguez
Anabel Tapia
Nelson Gomez
Kyndra Martinez
David Del Bosque
Derian Gutierrez
Construction Management
Assistant Construction Engineer Assistant Construction Engineer Assistant Construction Engineer Alexis Gutierrez Gonzalo Robledo Samuel Mudford
Land Surveying
Professional Land Surveyor Assistant Land Surveyor Professional Land Survevor Richard Aviles, PLS Luis Lopez, LSIT Daniel Cerda, PLS
Administrative Department
Administrative Specialist Administrative Specialist
Mary Espinosa Graciela Aguilar
Resumes A&M 13
Please find A&M's full team resumes located in Appendix A on page 23.
3. Organization & Approach
Approach.
Project Delivery Approach: • Maintain organized, complete, and audit-ready • Provide on-call engineering services for state- project files. and federally funded projects through task order Grant Management assignments.
• Develop and maintain grant management plans
• Support the City with grant writing, planning.
identifying milestones, deliverables, responsibilities, preliminary engineering, surveying, design, utility
and reporting deadlines.
coordination, environmental coordination, right- • Monitor project budgets and expenditures for of-way support, bidding assistance, construction consistency with grant requirements. management, and project closeout.
• Tailor each task order to the specific project • Coordinate with City staff to keep project activities scope, funding requirements, schedule, and aligned with grant objectives. • Prepare and submit progress reports and required
deliverables.
grant-related documentation in a timely manner.
• Deliver practical and compliant solutions that help
move projects efficiently from concept through Quality Control completion. • Implement internal review procedures at key Task Order Management milestones to confirm completeness, accuracy, and coordination.
• Begin each assignment by confirming project
objectives, scope, budget, schedule, and required Review deliverables before submittal to reduce omissions, conflicts, and avoidable revisions.
deliverables with the City.
• Maintain consistent document control and
• Prepare task-specific work plans identifying
interdisciplinary coordination.
milestones, responsibilities, coordination needs, •Focus on delivering clear, accurate, and complete and required disciplines.
work products.
• Assign a dedicated Project Manager to serve as
the City's primary point of contact. City Coordination
• Manage each task order with clear accountability • Provide responsive communication and timely for schedule, budget, quality control, and support throughout each assignment. deliverable completion. • Maintain regular coordination with the City's Team Coordination designated representative.
• Organize in-house staff and subconsultants under Identify issues early so the City can make timely decisions.
a defined management structure with clearly
•Support the City with dependable service from
assigned responsibilities.
initial assignment through final completion.
• Match staff resources to the technical and
administrative needs of each assignment.
• Provide experienced key personnel with
relevant municipal and federally funded project
experience.
• Maintain sufficient staff availability to respond
promptly and support multiple assignments as
needed.
State and Federal Compliance
• Apply working knowledge of Caltrans Local
Assistance requirements, LAPM procedures, and
federal-aid project delivery standards.
• Prepare and support Requests for Authorization for
applicable project phases.
• Assist with award packages, invoicing support,
reimbursement documentation, and final
reporting.
A&M 14
3. Organization & Approach
Community Outreach.
Two-Stage Outreach Approach Grant-Funded Outreach & Compliance We treat community outreach as a continuous process: • Prepare outreach plans tailored to each grant first to gather input that shapes grant applications, then to program's guidelines and schedules. fulfill outreach and reporting requirements once funding is Host public meetings to review design options and awarded project milestones, and support school-based safety campaigns and volunteer events.
Pre-Grant Community Input • Manage logistics, materials, sign-in sheets, photos. and summary memos for use in grant progress reports
• Conduct community meetings, workshops, and pop-up
and closeout documentation.
events to identify needs, safety concerns, and project
ideas. City Partnership & Capacity Building
• Use clear visual exhibits, concept sketches, and plain- language summaries of potential improvements. • Act as an extension of City staff by organizing and documenting outreach so it is meaningful to residents
• Provide multilingual surveys (online and in-person)
and fully compliant with funding requirements.
and coordinate with schools, community groups, and
businesses. Use completed outreach to strengthen future Ensure that grant applications are grounded in grant applications and build a reliable pipeline of competitive projects for the City of Parlier.
community-identified needs and priorities.
Past Community Outreach Events
Community Town Hall Meetings
A&M Consulting Engineers hosts town hall meetings in partnership with the cities we serve to gather valuable input from community members. We recognize the importance of listening to residents' concerns and priorities. During these meetings, our team presents exhibits of potential projects that have generated community interest.
Attendees are encouraged to provide feedback and suggest changes, ensuring the proposals reflect local needs. This collaborative process allows us to refine project concepts and pursue grant funding opportunities, minimizing reliance on local funds and maximizing community benefit.
City of Corcoran Community Cleanup Event
A&M Consulting Engineers partnered with the City of Corcoran on a resident-led cleanup campaign that brought neighbors, staff, and volunteers together to clean streets, alleys, and public spaces. These events met Clean CA Local Grant requirements and paved the way for permanent improvements along the Whitley Avenue gateway corridor, including drought-tolerant landscaping, targeted litter reduction, energy-efficient lighting, and ADA-accessible sidewalks, curb ramps, and crossings. The result is a safer, brighter, and more welcoming entrance to Corcoran that reflects community pride and invites families to walk, gather, and feel at home.
City of Selma Tactical Urbanism Pilot Study 1
A&M Consulting Engineers partnered with Selma Unified School District and the City of Selma on an SP-funded Tactical Urbanism pilot to quickly improve streets around school campuses. With principals, crossing guards, and families, we installed low-cost, quick-build curb extensions, daylighted corners, high-visibility crosswalks, simplified student pick-up/drop-off, median refuges, and clear signing/striping. Before/ after observations, speed checks, and student travel tallies showed calmer, more predictable drop-off and now guide permanent safety improvements shaped by families' input.
A&M 15
3. Organization & Approach
Grant Management.
After conducting meaningful community outreach, A&M Consulting Engineers takes the community's concerns and priorities and turns them into clear and fundable projects.
We then match projects with the most suitable state and federal programs and structure competitive applications so community-driven needs can move forward with secured Develop and Maintain a Grant Management Plan:
A&M is well-versed in creating comprehensive grant management plans that outline key milestones, deliverables, and responsibilities. These plans serve as roadmaps to ensure that every aspect of the grant is systematically addressed and that all stakeholders are aware of their roles and timelines.
Monitor Grant Expenditures and Budget Adherence:
Budget management and adherence to grantor requirements are critical aspects of our expertise. We have a proven ability to closely monitor grant expenditures, track financial data, and ensure that spending aligns with grant guidelines. This approach guarantees compliance while optimizing resource utilization.
Coordinate with City Staff:
Collaboration is at the heart of our approach. We work closely with program staff to ensure that project activities align seamlessly with the grant's objectives. Effective communication and coordination are central to our strategy for successful grant implementation.
Maintain Detailed Records and Documentation:
Our team places a premium on record-keeping and documentation.
We maintain meticulous records of all grant-related activities, transactions, and correspondence. This rigorous documentation is essential for demonstrating compliance and accountability to grantors.
Prepare and Submit Progress Reports:
We are proficient in preparing and submitting regular progress reports to grantors in strict accordance with established timelines and guidelines.
Our reports provide a comprehensive overview of project developments, achievements, challenges, and financial updates. Timely reporting is a hallmark of our commitment to transparency.
We are experienced in managing the diverse reporting requirements of our funding sources. For example, under the CDBG program, we submit a Quarterly Progress Report via the eCivis platform that includes both financial and activity data. Similarly, funding sources such as Clean CA require a quarterly progress report, submitted within 45 days, using Smartsheet.
Maintain Accurate and Complete Grant Files:
Welcome to the Portal Our dedication to organization extends to maintaining accurate and complete grant files. These files include financial records, progress reports, correspondence with grantors, and any other pertinent documents. Our systematic approach ensures that all eCivis
documentation is readily accessible and well-organized.
Ensure Timely Submission of Required Documentation:
Meeting deadlines for grant deliverables is non-negotiable for us. We prioritize timely submission of all required materials, from progress reports to financial statements and any additional documentation specified by grantors. This punctuality is integral to maintaining positive relationships with funding entities.
A&M 16
3. Organization & Approach
Design.
Project Initiation & Coordination Design Development & PS&E (Progress Submittals) • Hold kickoff meeting to confirm City priorities, schedule, • Advance the design through structured submittals (e.g.. and communication protocols. 30%, 60%, 90%, and Final). • Review available background information (plans, • Prepare and refine:
studies, reports, and standards). - Plan drawings, details, & profiles. • Refine project objectives, deliverables, and key - Technical specifications & special milestones with the City.
Existing Conditions & Data Collection - Quantities and detailed Engineer's Estimates. - Staging and temporary traffic control or
• Conduct site visits to document existing conditions. access plans, if applicable. constraints, and opportunities. • Integrate comments from the City, utilities, and • Gather and review relevant data (as-built drawings, reviewing agencies at each stage. utilities, surveys, traffic/usage data, environmental
information, etc.) Quality Assurance / Quality Control (QA/QC) • Identify potential conflicts, access issues, and right-of- • Assign senior staff not involved in day-to-day production way or property constraints.
to perform independent reviews
Analysis & Concept Development • Check for conformance with applicable codes, standards, and funding requirements.
• Analyze existing conditions and data to understand • Verify consistency among plans, specifications, and needs, deficiencies, and risks.
• Develop and compare feasible design concepts. • Review for constructability, phasing, safety, and long- including "no build" or minimal-intervention options term maintenance considerations. where appropriate.
• Evaluate concepts against applicable standards, Permitting, Approvals, and Coordination Owner objectives, constructability, and life-cycle costs. • Meet with the Owner to review concepts and confirm a • Support the City in obtaining required permits and preferred alternative for design. approvals.
• Coordinate with regulatory agencies, utilities, and
Preliminary Design (Concept to ~30%) stakeholders to resolve issues early. • Update design documents to reflect permit conditions
• Prepare preliminary layouts, typical sections, and key and final agreements. • Identify required surveys, geotechnical work, or
specialty studies and incorporate findings.
• Coordinate early with utilities, permitting agencies, and Provide a preliminary opinion of probable construction
cost for budget and phasing discussions.
A&M 17
3. Organization & Approach
Scope of Work & Approach.
Scope of Work Statement Deliverables by Phase
A&M Consulting Engineers will provide on-call Project Management / Task Order Initiation engineering services to the City of Parlier on a task
• Task order work plan
order basis for state- and federally funded projects.
Scope confirmation memorandum
Services will be delivered in accordance with City
Project schedule and milestone list
standards and applicable local, State, and Federal
• Coordination meeting summaries
requirements, including Caltrans Local Assistance
• Monthly or periodic progress updates
procedures, as applicable to the funding source
Agency coordination documentation
and project type. Our team will support project.
• Budget tracking and task order cost monitoring
delivery from grant application and preliminary
studies through design, bidding, construction support, Grant Administration / Compliance reimbursement, and closeout. This approach is
consistent with the RFQ's requested services, including Grant application support materials • Grant management plan with milestones,
grant writing, planning, preliminary engineering, deliverables, and responsibilities surveying, environmental coordination, utility
coordination, right-of-way support, PS&E, construction • Progress reporting and grant-related documentation
management, and project administration.
• Expenditure tracking and reimbursement support
Project Delivery Approach documentation
• Grant file organization and compliance records
• Task order-based delivery tailored to project
scope, schedule, funding requirements, and • Final reporting and closeout support • Dedicated Project Manager serving as the City's Environmental / Agency Coordination primary point of contact • Preliminary environmental support documents, as • Coordinated support from in-house staff and required
subconsultants based on assignment needs • Coordination materials for agency review • Responsive communication, schedule tracking, • Supporting exhibits, figures, and maps budget monitoring, and quality control throughout • Permit support documentation, where applicable • Responses to agency comments
Deliverables prepared to support City review,
agency coordination, reimbursement, and project Preliminary Engineering / Design • Base mapping and survey deliverables
Core Services • Concept exhibits and preliminary design layouts • Project and task order management • Technical studies and supporting calculations, as • Grant writing, grant implementation, and grant needed • Utility conflict review and coordination exhibits
compliance support
• Preliminary engineering and feasibility evaluation Preliminary cost estimates Right-of-way or easement support documents, if
• Environmental documentation support ana
required
agency coordination
• Utility coordination and conflict identification
Final Design / PS&E
• Civil design, roadway, drainage, water,
wastewater, site, and related improvements : Technicas
• Plans, specifications, estimates, and engineer's Technical specifications and special provisions opinion of cost Engineer's estimate / construction cost estimate • Bidding support, addenda, and responses to .. Bid package support documents contractor questions Electronic plan and specification files in required • Construction management, progress formats
documentation, record drawings, reimbursement • Authorization support packages required by support, and closeout documentation funding agencies
A&M 18
3. Organization & Approach
Scope of Work & Approach.
Bidding Phase Closeout / Reimbursement Support
Responses to bidder questions and RFis • Final construction documentation Addenda, as required • Project closeout material
• Pre-bid meeting support • Reimbursement and funding support Bid review assistance documentation
• Bid summary and recommendation materials • Final Report of Expenditures support • Audit-ready records and supporting files
Construction Phase
• Construction engineering / management support Cost Control and Budgeting Methodology • Submittal and shop drawing review A&M will manage each assignment through a task • RFl and change order support order-based budgeting process aligned with the • Progress meeting participation City's authorized scope, schedule, and funding Pay estimate review support requirements. At the outset of each task order, we will Coordination with utilities, contractors, and City review the draft scope, identify required disciplines and level of effort, and prepare a cost estimate
Punchlist support using agreed-upon rates. During project delivery, the Record drawing updates and project closeout Project Manager will track labor, schedule progress, documentation subconsultant effort, and reimbursable expenses against the approved budget, and will communicate
potential scope, schedule, or budget issues early so
the City can make timely decisions. This approach
supports the RFQ's emphasis on organized files,
measurable deliverables, timely performance, and
grant compliance.
CONSTRUCTION
WATER RESOURCES
MANAGEMENT
TRANSPORTATION
PLANNING ENGINEERING
ENVIRONMENTAL PARKS &
ENGINEERING RECREATION
A&M 19
4. Conflict of Interest Statement
A&M Consulting Engineers has no known conflicts of interest related to its current contracts with the City of Parlier. Although Javier Andrade serves as City Engineer for the City, he will have no involvement in this SOQ submittal and is not part of the proposed team.
5. Lifigation
A&M Consulting Engineers has not been involved in any litigation in connection with prior projects.
6. Contract Agreement
A&M Consulting Engineers has reviewed the sample Consultant Contract included with the RFQ and, except as may be required to incorporate project-specific funding provisions or agency-required terms, has no requested changes at this time. A&M understands that the City expects execution of the agreement without post- submittal negotiation and, if selected, is prepared to execute the agreement in substantially the form provided by the City. A&M further affirms that its proposal shall remain valid for a period of ninety (90) days following the proposal due date. A&M also confirms that it maintains an adequate financial management and accounting system consistent with applicable federal requirements.
7. Federal-Aid Provisions
A&M Consulting Engineers ensures compliance with all requirements for federally funded projects and acknowledges all forms required.
References:
City of Exeter City of Corcoran
O
Contact: Zachary Boudreaux Contact: Joseph Faulkner
Public Works Director Public Works Director
EXETER
Address: 137 N F Street, Address: 832 Whitley Ave,
1914
Exeter, CA 93221 Corcoran, CA 93212 CORCORN
Phone: (559) 592-3318 Phone: (559) 992-2151
Email: [email protected] Email: [email protected] City of Avenal City of Lemoore
Contact: Antony V. Lopez Contact: Estevan Benavidez
City Manager Avenal Public Works Director
LEMOORE
Address: 919 Skyline Blvd, Address: 119 Fox St, CALFORNIA Avenal, CA 93204 Lemoore, CA 93245
Phone: (559) 386-5766 Phone: (559) 924-6744
Email: [email protected] Email: [email protected] A&M 20
9. Successful Past Performance with Grant Applications
The following chart highlights our successtul track record in applying for and managing federal and state funded projects This demonstrates our expertise in grant administration and compliance, ensuring impactful infrastructure and transportation improvements while minimizing the burden on local resources.
Funding Type Funding Source Name of Project Owner Amount State Prop 68 Gateway Park City of Corcoran $7M
State Urban Greening Grant Fig Tree Park City of Parlier $5M Program
State Urban Flood Protection Parlier Flood Protection City of Parlier $4M Grant Program Project
State Active Transportation Corcoran Safe Routes to City of Corcoran $3.5M Program (ATP) School
State Active Transportation Selma Branch Canal City of Selma $3.5M Program (ATP) Parkway
State Active Transportation Limitless Lane Network City of Parlier $3M Program (ATP)
Federal Active Transportation School Corridor Active City of Parlier $3M Program (ATP) Transportation Improvements
State Clean California Local Grant Selma SR-99 Gateway to City of Selma $3M Program Downtown
State Clean California Local Grant Community Beautification City of Corcoran $2.6M Program and Cleanup Project
Federal Surface Transportation Block Manning Avenue City of Parlier $1.3M Grant (STBG) Rehabilitation
Federal Congestion Mitigation and 2021 Ped & Bicycle Facility City of Corcoran $1.1M Air Quality (CMAQ) Improvements Phase 1&2
Federal Congestion Mitigation and 2020 Ped & Bicycle Facility City of Corcoran $900K Air Quality (MAQ) Improvements Phase 1&2
State Sustainable Transportation EV Charging Infrastructure City of Corcoran $300K Planning Program (STP) Network Plan
State Sustainable Transportation Tactical Urbanism Safe City of Selma $300K Planning Program (STP) Streets Study
Federal Highway Infrastructure Corcoran 2020 HIP Road City of Corcoran $261K Program (HIP) Maintenance
State Highway Safety Various - Cycle 10 City of Corcoran $250K Improvement Program (HSIP)
State Highway Safety Bush Street Pedestrian Safety City of Lemoore $250K Improvement Program (HSIP) Improvements Project
State Highway Safety Various - Cycle 10 City of Parlier $250K Improvement Program (HSIP)
State Per Capita Program Heritage Park Playground & City of Parlier $188K Earl Ruth Park Playground
State/Federal Systemic Safety Analysis City of Parlier Local City of Parlier $65K Report Program Roadway Safety Plan
State/Federal Report Progrey Analysis City of Corcoran $65K Federal Congestion Mitigation and City of Parlier $1.6M Air Quality (CMAQ) Rena Newman perier Ave
State Seiel Coronily Drought Water Storage Tank City of Parlier $765K State Sustainable Transportation Parlier Active Transportation City of Parlier $353K Planning Program (STP) Study - Tactical Urbanism
A&M 21
10. Past Work Performance with the City & Current Workload A&M Consulting Engineers has provided engineering services to the City of Parlier on a variety of municipal projects, including grant-funded capital improvement and public works assignments. Our work has included project development. design, grant support, construction-phase coordination, and general engineering assistance. This experience has given our team familiarity with the City's standards, staff coordination needs, and project delivery expectations.
A&M maintains sufficient staff availability to support this on-call contract and respond to task orders in a timely manner. Key team members assigned to the City have the capacity to prioritize Parlier's needs while continuing to meet existing project A&M 22
Appendix A - Resumes
Orfil Muniz, PE, QSD, QISP, SUAS
Principal Engineer
Orfil Muniz, PE, QSD, QISP, SUAS, is A&M's Principal Engineer. He delivers state and federal projects from concept to closeout, reliably meeting Caltrans LAPM and FHWA requirements. His work spans water and wastewater systems, stormwater capture and LID, parks, roadway rehabilitation and complete streets, and traffic engineering, warrants, signing, striping, and signals.
As QSD/QISP, he embeds compliance in every phase; with SUAS, he speeds field reviews. Calm, hands-on leadership and clear communication define his get-it-built approach.
City of Lemoore Engineering Experience
Bush Street Pedestrian Improvements (HSIP Cycle 10) 15+ Years City of Lemoore Education
Crack Seal Project
B.S. in Civil Engineering,
City of Lemoore California State University, Fresno
Public Facilities Maintenance District Sidewalk Repairs (PFMD) Continued Education
Construction Management,
City of Corcoran
Dairy Ave Pedestrian Safety Improvements (HSIP Cycle 10) California State University, San Jose Business Administration,
City of Corcoran
College of the Sequoias
Community Beautification & Cleanup (Clean CA Local
Grant Program)
Registration
City of Parlier State of California
Manning Avenue Rehabilitation (CRSSA & STBG) No. 88165
City of Lemoore State of Nevada
D Street Accessibility Curb Ramp Improvements No. 025208 City of Lemoore CSLB General Contractor
19th Avenue Pedestrian Facilities Improvements (MAQ) 1081929 City of Corcoran
2024 Pedestrian and Bicycle Improvements (CMAQ)
Phase 1 & 2
City of Corcoran
Safe Routes to School (ATP Cycle 5)
City of Parlier
Parlier Avenue Roundabout (CMAQ)
County of Fresno
Fresno Sunnyside & Teague Roundabout (CMAQ & STBG)
City of Corcoran
Traffic Impact Study - Gas Station on Highway 43 & 5 ½
Avenue
City of Corcoran
Orange Avenue Pedestrian Facilities Improvements
(CDBG-PI)
A&M 23
Appendix A - Resumes
Diego Corvera, PE
Senior Civil Engineer
Diego is a Licensed Professional Engineer (PE) with over 10 years of municipal engineering experience, specializing in capital improvement projects (CIP), transportation engineering, and community collaboration. Proven track record leading multi- disciplinary teams, including finance, engineering, planning, and marketing staff, through complex funding processes. Successfully served as lead engineer for a seven-person City team in the Cycle 7 Active Transportation Program grant process, securing over $50M for the City of Visalia - highest award granted to any City under 200,000 population in a single cycle.
City of Visalia Engineering Experience
Riggin Avenue Widening Mooney to Conyer 15+ Years
City of Visalia
Education
Riggin Widening Kelsey to Shirk B.S. in Civil Engineering City of Visalia with a Minor in Mathematics,
Shirk Capacity Enhancement Project California State University.
Sacramento
City of Visalia
Goshen Trail Rehabilitation Project
Registration
City of Visalia State of California
Riggin Avenue County Center & Giddings Signalization No. 85615 City of Visalia
Packwood Creek Trail Project
City of Visalia
Tulare Avenue Rehabilitation Project
City of Visalia
County Center Street Rehabilitation Project
City of Visalia
Avenue 288 Road Reconstruction Proiect
City of Visalia
COV Transit Operations Electric Bus Charging Project
City of Visalia
Backup Generator Project COV Corporation Yard
City of Visalia
St Johns Trail Landscaping East & West of Dinuba Blvd
City of Visalia
Modoc Trail Landscaping
City of Avenal
Climate Action and Adaptation Plan
City of Avenal
Water Master Plan
City of Avenal
Avenal Sports and Community Center
A&M 24
Appendix A - Resumes
David Hernandez, PE
Professional Civil Engineer
David is a licensed civil engineer who supports the planning, design, and delivery of federally and state-funded public infrastructure projects here at A&M Consulting Engineers. His experience spans water, wastewater, stormwater, transportation. parks, and traffic engineering projects, with a strong
understanding of applicable agency standards and funding requirements.
City of Visalia Engineering Experience
Green Acres Enhanced Crosswalk Improvements 15+ Years
City of Visalia Education
Wittman Center Remodel Improvements
B.S. in Civil Engineering, M.S.
City of Visalia Structural Engineering at Stanford
Visalia Convention Center AC Extension
University
City of Selma
Selma Clean California Second Street Beautification Registration State of California
City of Visalia
Birdland Sewer Project No. 85730
City of Visalia
Recreation Ballpark Field Improvements
City of Visalia
Visalia Community Garden
City of Visalia
Riggin Avenue Widening from Demaree to Akers
City of Visalia
Visalia Downtown Streetlight Project
City of Visalia
Tipton AVE CIPP Sewer Project
City of Visalia
Visalia Improvement Standards Update
City of Visalia
Parcel & Final Maps Review (Various)
City of Visalia
Subdivision Tracts Review (Various)
City of Visalia
Commercial Project Review (Various)
City of Visalia
Santa Fe Trail to Mooney Grove Bicycle Improvement Study City of Visalia
Landscape & Lighting Districts (Various)
A&M 25
Appendix A - Resumes
Anabel Tapia
Assistant Engineer
Anabel Tapia is an Engineering Assistant at A&M Consulting Engineers. She supports planning, design, and construction delivery for pedestrian, park, roadway, and trail improvements. Anabel prepares plan exhibits and cost estimates, coordinates utility and right-of-way research, and assists with permitting, bid packages, and construction documentation. Detail-oriented and people- focused, she uses Civil 3D and Bluebeam to keep submittals on track and communicates clearly with city staff, consultants, and contractors so projects move forward smoothly.
City of Corcoran Engineering Experience
Community Beautification & Cleanup (Clean CA Local 5+ Years Grant Program)
Education
City of Corcoran
alifornia State University, Bakersfie
2024 Pedestrian and Bicycle Improvements (MAQ) S. Encineerina Science Phase 1 & 2
City of Parlier
Sequoia Walkway
City of Corcoran
Safe Routes to School (ATP Cycle 5)
City of Parlier
Manning Avenue Rehabilitation (CRSSA & STBG)
City of Parlier
Manning Avenue Sidewalk Phase 2(MAQ)
City of Lemoore
D Street Accessibility Curb Ramp Improvements
City of Parlier
Downtown Beautification
City of Corcoran
Gateway Park (Prop 68)
City of Parlier
Parlier Flood Protection Project (UFP Grant Program)
City of Parlier
Fig Tree Park (Urban Greening)
City of Parlier
Tactical Urbanism Study (STP)
City of Parlier
Limitless Lane Network (ATP Cycle 6)
City of Selma
SR-99 Gateway to Downtown Revitalization Project
(Clean CA Local Grant Program)
A&M 26
Appendix A - Resumes
Gelasio Rodriguez
Assistant Engineer
Gelasio Rodriguez is an Assistant Engineer at A&M Consulting Engineers. He supports federally and state-funded transportation projects from programming through closeout, maintaining Caltrans LAPM compliance. Gelasio prepares progress reports and invoices, tracks DBE and labor compliance, and keeps ATP/SS4A grant reporting on schedule. He assists with PS&E, bid packages, and construction documentation, coordinating with city staff and Caltrans Local Assistance. Detail-oriented and dependable, Gelasio uses Civil 3D and Bluebeam to keep deliverables accurate and timely.
City of Corcoran Engineering Experience
2020 Pedestrian and Bicycle Improvements 7+ Years
Phase 1 & 2 (CMAQ)
Education
City of Parlier
California State University, Fresno
Sequoia Walkway
B.S. in Political Science
Fresno County
Jensen Avenue Overlay & Shoulder Improvements
(CMAQ)
City of Parlier
Parlier Avenue Roundabout (CMAQ & STBG)
City of Parlier
Downtown Beautification
City of Corcoran
Gateway Park (Prop 68)
City of Corcoran
Dairy Ave Pedestrian Safety Improvements
(HSIP Cycle 10)
City of Parlier
Tuolumne Street & Ericka Avenue Pedestrian Safety
Improvements (HIP Cycle 11)
City of Parlier
Fig Tree Park (Urban Greening)
City of Corcoran
Safe Routes to School Project (ATP Cycle 5)
Experience in Preparing Funding Applications for the
following Grant Programs:
Highway Safety Improvement Program (HSIP)
Active Transportation Program (ATP)
Congestion Mitigation and Air Quality (CMAQ) Program
Sustainable Transportation Planning (STP) Program
Surface Transportation Block Grant (STBG) Program
Carbon Reduction Program (CRP)
Safe Streets and Roads for All (SS4A)
Highway Infrastructure Program (HIP)
A&M 27
Appendix A - Resumes
Denise Isaguirre, EIT
Assistant Engineer
Denise Isaguirre, EIT, is an Assistant Engineer who helps deliver federally and state-funded transportation projects to Caltrans LAPM standards. She supports PS&E production, cost estimates, and plan reviews; coordinates utilities and right-of-way; and prepares grant reports, invoices, and DBE/labor compliance.
Proficient in Civil 3D and Bluebeam, Denise keeps submittals organized and on schedule. Known for her steady follow-through and positive teamwork, she turns to-do lists into finished work so cities see timely, compliant results.
City of Corcoran Engineering Experience
Well 8C Water Quality Improvements 5+ Years
City of Corcoran Education
2021 Pedestrian and Bicycle Improvements (CMAQ) Phase California State University, Fresno 1&2 B.S. in Civil Engineering
City of Parlier
Sewer & Water Master Plan (CDBG)
County of Fresno
Choinumni Park
City of Lemoore
Bush Street Pedestrian Safety Improvements
(HSIP Cycle 10)
City of Corcoran
City-Wide Safety and Maintenance Striping Project (CRRSAA) City of Corcoran
Safe Routes to School (ATP Cycle 5)
County of Tulare
Government Parking Lot Improvements
City of Corcoran
Speed Survey
City of Parlier
Parlier Avenue Roundabout (CMAQ & STBG)
County of Fresno
Fresno Sunnyside & Teague Roundabout (CMAQ & STBG)
City of Corcoran
Dairy Avenue Pedestrian Safety Improvements
(HSIP Cycle 10)
City of Corcoran
Traffic Impact Study - Gas Station on Highway 43 & 5 ½
Avenue
A&M 28
Appendix A - Resumes
Nelson Gomez
Assistant Engineer
Nelson Gomez, EIT, is an Assistant Engineer at A&M
Consulting Engineers. He supports federally and state-funded transportation projects to Caltrans LAPM standards, assisting with PS&E production, quantities and cost estimates, signing/ striping plans, and traffic safety studies. Proficient in Civil 3D and Bluebeam, he maintains projects accurate and on schedule.
Colleagues rely on his steady follow-through and clear, can-do communication.
City of Corcoran Engineering Experience
2021 Pedestrian and Bicycle Improvements (CMAQ) 4+ Years Phase 1&2
Education
County of Fresno California State University, Fresno
Choinumni Park B.S. in Civil Engineering
City of Lemoore
Bush Street Pedestrian Safety Improvements
(HSIP Cycle 10)
County of Tulare
Mooney Grove Dog Park
City of Corcoran
Safe Routes to School (ATP Cycle 5)
County of Tulare
Government Building Parking Lot Improvements
City of Corcoran
Electric Vehicle Charging Infrastructure Network Plan
(STP)
City of Parlier
Flood Control & Groundwater Banking Project (Prop 1)
City of Corcoran
Safe Routes to School Project (ATP Cycle 5)
City of Corcoran
Letts Lift Station Improvements
City of Lemoore
2024 Annual Road Maintenance Project (SB1)
City of Lemoore
19th Avenue Pedestrian Facilities Improvements
Project (MAQ)
A&M 29
Appendix A - Resumes
Richard Aviles, PLS
Professional Land Surveyor
Richard Aviles, PLS, is A&M's Professional Land Surveyor. He leads field and office surveying from planning through closeout, managing Records of Survey, boundary control, ALTA/NSPS maps, and topographic mapping for design. Richard prepares legal descriptions and plats, performs utility investigations, and directs construction staking and as-built verification. Proficient with GNSS/ total station workflows and 3D HDS scanning, he delivers precise data, clear deliverables, and responsive coordination so designers and contractors build confidently and on schedule.
County of Tulare Surveying Experience
County of Tulare Government Building Parking Lot 10+ Years Improvements - Phase 2
Education
County of Tulare
B.S. in Geomatics Engineering,
2637 W Burrel Avenue Parking Lot Reconstruction
Sacramento City College
City of Corcoran
Gateway Park (Prop 68)
City of Corcoran
Safe Routes to School (ATP Cycle 5)
City of Parlier
Fig Tree Park (Urban Greening) -
City of Corcoran
2020 Pedestrian and Bicycle Improvements CMAQ
Phase 1 & 2
City of Parlier
Sequoia Walkway
City of Parlier
Downtown Beautification
City of Corcoran
Dairy Avenue Pedestrian Safety Improvements
(SIP Cycle 10)
City of Parlier
Flood Protection Project (UFP Grant Program)
City of Corcoran
Water Treatment Plant Storm Water Basin Relocation
City of Lemoore
Fox Street & 19th Avenue Roadway Repairs (MAQ)
City of Lemoore
Pedestrian Facility Crossing (HSIP)
City of Corcoran
2024 Pedestrian and Bicycle Improvements
Phase 1&2 (MAQ)
City of Parlier
Tuolumne Street Pedestrian Safety Improvements
(HSIP Cycle 10) A&M 30
Appendix A - Resumes
Daniel Cerda, PLS
Professional Land Surveyor
Daniel Cerda, PLS, is A&M's Professional Land Surveyor. He manages field and office surveying from scoping to closeout. delivering Records of Survey, boundary control, ALTA/NSPS and topographic maps for design. Daniel prepares legal descriptions and plats, leads utility investigations, and directs construction and 3D HDS scanning, he provides accurate data, clear
contractors build with confidence and stay on schedule.
County of Tulare Surveying Experience
Mooney Grove Dog Park 10+ Years
City of Selma Education
Branch Canal Parkway (ATP Cycle 6) B.S. in Geomatics Engineering, California State University, Fresno
City of Selma
SR-99 Gateway to Downtown Revitalization Project Registration (Clean CA Local Grant Program) Professional Land Surveyor, State of California No. 9445
City of Corcoran
Community Beautification & Cleanup
City of Parlier
Parlier Avenue Roundabout
City of Corcoran
2021 Pedestrian and Bicycle Improvements CMAQ
Phase 1 & 2
City of Parlier
Water Storage Tank Improvements
City of Parlier
Fig Tree Park (Urban Greening)
City of Parlier
Zediker & Zulma Crosswalk
City of Parlier
Sequoia Walkway
City of Lemoore
Bush Street Pedestrian Safety Improvements
(HSIP Cycle 10)
City of Parlier
Police Department Parking Lot Improvements
City of Parlier
Avila Sewer Improvements
A&M 31
Appendix A - Resumes
Luis Lopez, LSIT
Assistant Land Surveyor
Luis Lopez, LSIT, is an Assistant Land Surveyor at A&M Consulting Engineers. He supports boundary and topographic surveys, Records of Survey, and construction staking, integrating GNSS/ RTK and total station workflows with clean CAD deliverables. Luis processes point clouds and imagery (Pix4D) and builds surfaces and exhibits in Civil 3D; he also applies ArcGIS Pro for mapping and QA. With strong data analysis skills (MATLAB) and modeling experience (Revit/Inventor), Luis turns field data into accurate, ready-to-build plans.
City of Parlier Surveying Experience
Guardrail Improvements (HSIP Cycle 11) 5+ Years
City of Corcoran Education
Guardrail Improvements (HSIP Cycle 11) B.S. in Geomatics Engineering, California State University, Fresno
City of Parlier
School Corridor Active Transportation Improvements
(ATP Cycle 6)
City of Parlier
Limitless Lane Network (ATP Cycle 6)
City of Corcoran
Equitable Health, Safety & Connectivity (ATP Cycle 6)
City of Selma
Branch Canal Parkway (ATP Cycle 6)
City of Parlier
Water Storage Tank Improvements
(Small Community Drought Relief Program)
City of Parlier
Tuolumne Street Pedestrian Safety Improvements
(HSIP Cycle 11)
City of Corcoran
Orange Avenue Pedestrian Facilities Improvements
(CDBG)
City of Parlier
Sequoia Walkway
City of Lemoore
Bush Street Pedestrian Safety Improvements
(HSIP Cycle 10)
City of Lemoore
Fox Street & 19th Avenue Roadway Repairs
A&M 32
Appendix A - Resumes
Pedro Lopez, EIT
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer
Education: B.S. in Civil Engineering,
California State University, Fresno
Derian Gutierrez
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer
Education: B.S. in Civil Engineering,
California State University, Fresno
Kyndra Martinez
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer
Key Projects: Parlier Water Tank Improvements, City of
Parlier Guardrail Improvements (HSIP Cycle 11), and City of Parlier Flood Protection Project - Phase 2.
Education: B.S. in Civil Engineering,
California State University, Fresno
Edward Magana, EIT
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer
Key Projects: City of Lemoore Fox St & 19th Avenue
Roadway Repairs, City of Corcoran Guardrail
Improvements (HSIP Cycle 11).
Education: B.S. in Civil Engineering,
California State University, Fresno
A&M 33
Appendix A - Resumes
David Del Bosque
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer
Key Projects: City of Parlier Pedestrian Safety
Improvements, City of Parlier Basin Improvements Project.
Education: B.S. in Bioengineering,
University of California, Merced
Alexis Gutierrez
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer,
Construction Management
Education: B.S. in Civil Engineering,
California State University, Chico
Gonzalo Robledo
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer,
Construction Management
Education: B.S. in Construction Management,
California State University, Fresno
Samuel Mudford
Assistant Engineer - A&M Consulting Engineers
Role in Project: Assistant Engineer,
Construction Management
Education: B.S. in Physics,
University of California, Santa Cruz
A&M 34
Appendix A - Resumes
Graciela Aguilar
Administrative Specialist - A&M Consulting Engineers
Role in Project: Outreach Coordinator & Certified Payroll Specialist
Education: B.S. in Communications,
California State University, Bakersfield
Mary Espinosa
Administrative Specialist - A&M Consulting Engineers
Role in Project: Outreach & Grant Coordinator
Education: B.S. in Sociology,
University of California, Berkeley
A&M 35
Local Assistance Procedures Manual Exhibit 10-G
Individual A&E Task Order DBE Tracking Sheet
Exhibit 10-G: INDIVIDUAL A&E TASK ORDER DBE TRACKING SHEET Please fill out form in order
CONSULTANT NAME CONTRACT NUMBER FEDERAL PROJECT NUMBER TASK ORDER NUMBER A&M Consulting Engineers
ADDRESS
CONSULTANT CONTRACT ADMINISTRATOR NAME PHONE NUMBER E-MAIL PROJECT TITLE:
PROJECT LOCATION:
SCOPE OF WORK
TOTAL MASTER CONTRACT AMOUNT:_ END OF CONTRACT DATE:
TASK ORDER AMOUNT: TASK ORDER BEGIN DATE: TASK ORDER END DATE:
TOTAL DBE CONTRACT ESTIMATE OF THIS TASK ORDER
DESCRIPTION OF WORK AMOUNT AMOUNT
CONSULTANT / SUBCONSULTANT (NON-DBE) (DBE) % OF DBE
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
SUBTOTAL $ 0.00 $0.00 0.00%
TOTAL TASK ORDER AMOUNT $ 0.00
COMMENTS ON DBE UTILIZATION DEFICIENCIES (COMMITTED VERSUS MET) AND PLANS TO MEET COMMITTED PERCENTAGES:
(If percent less than task order DBE goal, briefly state why in 1-2 sentences).
The consultant acknowledges the DBE listed in the DBE Task Order Utilization section above must be used, unless authorized by the Local Agency.
Approved By:
Own
CONSULTANT CONTRACT MANAGERS SIGNATURE DATE LOCAL AGENCY ADMIN SIGNATURE DATE
January 2023
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: A&M Consulting Engineers 6. Prime Certified DBE
7. Description of Work, Service, or Materials 8. DBE
Certification 9. DBE Contact Information 10. DBE %
Supplied Number
Local Agency to Complete this Section
17. Local Agency Contract Number:
11. TOTAL CLAIMED DBE PARTICIPATION 100.00%
18. Federal-Aid Project Number:
Consultant's Ranking after Evaluation:
IMPORTANT: Identify all DBE firms being claimed for credit regardless of tier. Written confirmation of each listed DBE is this orm is complete and acurate certifications are valid and information on required.
0. - 04/20/2026
21. Local Agency Representative's Signature 22. Date 12. Preparer's Signature 13. Date Orfil Muniz 559-429-4747
23. Local Agency Representative's Name 24. Phone 14. Preparer's Name 15. Phone CEO
25. Local Agency Representative's Title 16. Preparer's Title DISTRIBUTION: Original - Included with consultant's proposal to local agency.
ADA Notice: Fori or vice Records and Forms Mana ghmen, N N vel. MS. , Sacramero, CA 98lamation cal (916) 654-6410 or TOD (916) 654- LPP 18-01 Page 1 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-01
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 proves it the can al and to fe poored yes it dude peror e ormed by he rime consider re 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
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 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultan's Name: A&M Consulting Engineers 6. Prime Certified DBE: • 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
11. DBE 13. DBE
10. Description of Work, Service, or Materials Certification 12. DBE Contact Information Dollar Supplied umbe
Amount
Local Agency to Complete this Section
20. Local Agency Contract $ 100.00
Armher® 14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number:
22. Contract Execution
Nate
Lis tom is co etite anta curate certications are vald and information on required.
04/20/2026
23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Orfil Muniz 559-429-4747
25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone CEO
27. Local Agency Representative's Title 19. Preparer's Title ISTRIBUTION: 1. Original - Local Agenc
•cuty Cal resis de Log is it engines 0 E), Failure to submit to LAE within 30 days of contra ADA Notice: 5080 or wie Records and Forms Managemen: 120 N Sie, Mi; Sacrameno, CA CA formation cal (916) 654-6410 or TOD (916) 654-
July 23, 2015
Local Assistance Procedures Manual Exhibit 10-02
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. Projeet 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 - S: 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 A ward 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
Local Assistance Procedures Manual EXHBIT 10-0
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 Da. initial
Ob. grant • b. initial award • b. material change
• c. cooperative agreement • c. post-award
• d. loan For Material Change Only:
• e. loan guarantee year quarter
• r. loan insurance date of last report
4. Name and Address of Reporting Entity • If Reporting Entity in No. 4 is Subawarde nter Name and Address of Prim
• 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 Sheets) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) • actual • planned La. retainer
•b. one-time fee
13. Form of Payment (check all that apply): Dc. commission •a. cash Od. contingent fee
•b. in-kind: specify: nature De. deferred
Value Of. other, specify
Brief Description of Services Performed or to be performed and Date(s) of Service, includin ›ficers), employee(s), or member(s) contacted, for Payment Indicated in Item 12 (attach Continuation Sheets) if necessary)
16. Continuation Sheets) attached: • Yes •No
17, 31 US C. Section Seciun This is osure of lubying royanie This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C Print Name:
1352. This information will be reported to Congress
semiannually and will be available for public inspection. An Title:
person who fails to file the required disclosure shall be subjec S10000 for each such Eas uhan S10.00 and not more than
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 initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. le filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing empting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress 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
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 he application/proposal control number assigned by the federal agency). Include prefixes, c.g., "RFP-DE-90-001.
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and valuc of the in-kind
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 officers) or employee(s) contacted or the officers) employee(s) or Member(s) of Congress that
16. Check whether or not a continuation sheets) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
LLL-Instructions Rev. 06-04
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,
EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,
UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.
THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION.. ..3
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS. ....4
ARTICLE III STATEMENT OF WORK .. ...4
ARTICLE IV PERFORMANCE PERIOD.... ...6
ARTICLE V ALLOWABLE COSTS AND PAYMENTS ... 6
ARTICLE VI TERMINATION.. 10
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS 11 ARTICLE VIII RETENTION OF RECORD/AUDITS .. .. 11
ARTICLE IX AUDIT REVIEW PROCEDURES. 12
ARTICLE X SUBCONTRACTING..... 13
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ... 15 ARTICLE XII STATE PREVAILING WAGE RATES. • 16
ARTICLE XIII CONFLICT OF INTEREST....... 19
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ..... 19
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING..... ...20
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ... 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION. .. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION. ...22 ARTICLE XIX INSURANCE .. ..28
ARTICLE XX FUNDING REQUIREMENTS. .29
ARTICLE XXI CHANGE IN TERMS ...... 29