Cities Index.
Agenda

Sanger City Council
June 10, 2025

Document
Agenda
Meeting
June 10, 2025
Body
Sanger City Council
Pages
7
Original file
25.2 MB
Text extracted from the city's file for reading and search. Open the original on www.ci.sanger.ca.us. That file is the official record.

AVAILABLE FOR REVIEW 72 HOURS

PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S

OFFICE AND THE SANGER CITY HALL
LOBBY.

AGENDA

SANGER CITY COUNCIL REGULAR MEETING
(RESCHEDULED FROM THURSDAY, JUNE 5, 2025)
TUESDAY, JUNE 10, 2025
6:00 PM

COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.

The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

Conflicts of Interest. Council Members are required to disclose conflicts of interests and recuse themselves.

Prior to action by the Council on any item on this agenda, the public may comment on that item.

A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS
D. C

EREMONIAL MATTERS

1. M
id Valley Disposal Scholarship Winners.
1 City Council Agenda
June 10, 2025

Page 2 ends

E. PUBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address. The Council is prohibited by law from taking action on items not on the agenda.)

F. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)

1. SUBJECT: Minutes of a Special and Regular City Council meeting held on May 15, 2025.

RECOMMENDATION: That the City Council approve.

2. SUBJECT: Road Repair and Accountability Act (SB 1) Project List for FY 25/26.

RECOMMENDATION: That the City Council adopt Resolution No. 2025-40 approving the project list for the 25/26 fiscal year capital improvement program as prescribed to satisfy the program objectives and statutory requirements of the Road Repair and Accountability Act of 2017 (SB 1).

3. SUBJECT: Local Streets Improvement Project CIP 24-02.

RECOMMENDATION: That the City Council:

1. Award the contract for the project to Emmett Valley Construction Inc., 9662 W. Kearney Blvd., Fresno, CA, 93706, in the amount of $425,249.20, as lowest responsive and responsible bidder; and

2. Approve a construction contingency for change orders in the amount of $42,500 (10%) for this project; and

3. Authorize the City Manager to sign contract documents on behalf of the City.

4. SUBJECT: Purchase of Avant M855 under Sourcewell Contract and using Grant Funds from SB 1383 Local Assistance Grant Program.

RECOMMENDATION: That the City Council authorize the purchase of a new Avant M855 under Sourcewell Contract #020223-A VT for $86,535.05 with the use of SB 1383 Local Assistance Grant Program funds.

5. SUBJECT: On-Call Architectural and Engineering (A&E) Service Agreement for State and Federally Funded Transportation Projects.

RECOMMENDATION: That the City Council approve Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on -call architectural and engineering (A&E) services between Yamabe and Yorn Engineering and the City of Sanger for State and Federally funded transportation projects and authorize amendments for a five-year period to exceed $4 million dollars.
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6. SUBJECT: Purchase Agreement and Professional Service Agreement to Surveillance Integration of Fresno for the Upgrade and Expansion of Avigilon Surveillance System Infrastructure at Sanger City Parks.

RECOMMENDATION: That the City Council:

1. Approve a Sole Source Purchase Agreement (Purchase Order) with Surveillance Integration of Fresno for new surveillance camera hardware for the Avigilon Camera System at JFK Park, Cesar Chavez Park, Faller Park, and Jenni Park in an amount not to exceed $40,000; and

2. Approve a Professional Services Agreement, in a form approved by the City Attorney, with Surveillance Integration of Fresno for the installation of the new surveillance camera hardware for the Avigilon Camera System at JFK Park, Cesar Chavez Park, Faller Park, and Jenni Park; and

3. Authorize and direct the City Manager, or designee, to execute the Purchase Agreement (Purchase Order) and Professional Service Agreement on behalf of the City.

G. DEPARTMENT REPORT

1. SUBJECT: Parking Ordinance Revision.

RECOMMENDATION: That the C ity Council waive the full reading, and introduce Ordinance No. 2025-05 amending Sections 70-61 and 70-62 of Chapter 70, Article III of the Sanger City Code Relating to Parking Limitations. The amendments reflect additions to address the parking and storing of recreational vehicles on city streets and residential property.

H. CITY MANAGER/STAFF COMMUNICATION

I. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS (This portion of the meeting is reserved for the Mayor and Council M embers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, and to initiate new agenda items. Under this section, the Council may take action only on any items specifically agendized and which meet other requirements for action.)

J. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 5th day of June 2025.

Rebeca Padron, Interim City Clerk

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ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy which is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected]. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please email the City Clerk or call by phone at (559) 876 -6300 extension 1350 so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.

TRANSLATION SERVICES. Translation services in Spanish will be provided upon request.

NOTICE OF A V AILABILITY OF AGENDA DOCUMENTS . Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.

4 TH
URSDAY, MAY 15, 2025
5:30 PM

COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657
A. CAL

L TO ORDER
The
City Council called their Special Meeting to order at 5:33 pm.

B. RO

LL CALL
Pr
esent: Mayor Frank Gonzalez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez

Absent: Mayor Pro Tem Daniel Martinez
Ma
yor Pro Tem Daniel Martinez arrived at approximately 5:40 pm.

C. AGENDA AP
PROVAL
The
Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Council Member Hurtado and approved by the following vote:

AYES
: GONZALEZ, HURTADO, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ
D. PUB

LIC FORUM
None
.

E. CL

OSED SESSION
The
Council adjourned to Closed Session at 5:34 pm.

1. Pur
suant to Government Code Section 54957

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: City Attorney
F. CI

TY ATTORNEY REPORT FROM CLOSED SESSION
Ma
yor Gonzalez announced no reportable action was taken in Closed Session.

Minutes of a Special Meeting of the Sanger City Council F-1
5 City Council Special Meeting Minutes
May 15, 2025

Page 2 ends

G. ADJOURNMENT

Being no further business, the Council adjourned their Special Meeting at 6:01 pm.

ATTEST:

Rebeca Padron , Interim City Clerk
6 Minutes of a Regular Meeting of the Sanger City Council

THURSDAY, MAY 15, 2025
6:00 PM

COUNCIL CHAMBER
1700 7TH Street, Sanger, California 93657

A. CALL TO ORDER

The City Council called their meeting to order at 6:01 pm.

B. OPENING CEREMONIES

The invocation was offered by Pastor Paul Canaday.

The flag salute was led by Mayor Frank Gonzalez.

Roll Call

Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez

Absent: None

C. AGENDA APPROV AL, ADDITIONS AND/OR DELETIONS

The Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

D. CEREMONIAL MATTERS

1. The City Council recognized the Sanger FFA Ag Welding Team.

2. The City Council recognized Paige Soto.

E. PUBLIC FORUM

Jesalyn Harper, resident of District 3, expressed her concern regarding a lockdown at Washington Academic Middle School.

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Page 2 ends

Henry Provost provided comment regarding a trailer parked near his home for approximately five months and requested code enforcement action.

Unidentified audience member provided comment regarding the recent selection of a new police chief.

Efren Rubio provided comment regarding metal plates on various roads in Sanger, and the amount of money being spent on vehicles.

F. CONSENT CALENDAR

The Council by motion of Mayor Pro Tem Martinez pulled agenda item F-8 for further discussion and approved the remaining items on the Consent Calendar. The motion was seconded by Council Member Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

1. SUBJECT: APPROVED - Minutes of a Special City Council Meeting held on March 6, 2025, and a Special and Regular City Council meeting held on May 1, 2025.

2. SUBJECT: INFORMATIONAL ITEM - Warrants including check Nos. 94138 through 94317 for the month of April.

3. SUBJECT: APPROVED - Payroll for the month of March including Direct Deposit Nos. 66063 through 66317; Payroll Check Nos. 60248 through 60292; and Benefit Check Nos. 2094 through 2101.

4. SUBJECT: INFORMATIONAL ITEM - Fire Department Monthly Report-April 2025.

5. SUBJECT: APPROVED - Zoning Ordinance Text Amendment No. 2025-01 (ZOA 2025-01), proposing an amendment to the Sanger City Code to implement the City’s 6th Cycle Housing Element.

The City Council waived the full second reading and adopted Ordinance No. 2025- 04, to implement the City of Sanger’s 6 th Cycle Housing Element by Amending Chapters 82 and 90 of the Sanger City Code introduced by the City Council on May 1, 2025.

6. SUBJECT: APPROVED - Receipt of Update on Emergency Repairs at Wastewater Treatment Plan Pursuant to Resolution No. 2025-28 The City Council received Report from City Manager regarding Emergency Repairs at Wastewater Treatment Plant per Resolution No. 2025-28 and adopted Resolution No. 2025-35, continuing the Declaration of Emergency.

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7. SUBJECT: APPROVED - Resolution Initiating Proceedings Pursuant to Landscaping and Lighting Act of 1972 for the Annexation of Property into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, to Review the Improvements and Assessments for Fiscal Year 2024-25, and to Set a Public Hearing (Annexation No. 25-01)
The City Council approved Resolution No. 2025-36, a Resolution Initiating Proceedings Pursuant to the Landscape and Lighting Act of 1972 for the Annexation of Property into Sanger Landscaping and Lighting Maintenance District No. 2, Area 1, to Review the Improvements and Assessments for Fiscal Year 2024-25, and to set a Public Hearing for a Future Date.

8. SUBJECT: APPROVED - Bethel and Almond Traffic Signal Project.

Public comment:

Unidentified audience member asked why the dollar amount was changed.

City Engineer Joshua Rogers clarified that the dollar amount was corrected due to a typo.

T he City Council by motion of Council Member Montelongo:

1. Adopted Resolution No. 2025-39, making a finding of public interest for the City to procure and furnish materials for the subject project; and

2. Authorized the purchases of various traffic signal equipment components for the subject project including signal poles and mast arms, signal controller and cabinet, and service enclosure in the amount of $75,340 (plus any standard tax or shipping fees) from Jam Services; and

3. Authorized the Purchasing Agent to make the purchases on behalf of the City.

The motion was seconded by Council Member Hurtado and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO,

MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

G. PUBLIC HEARING

1. SUBJECT: Public Hearing to Consider Annexation No. 6 (Tract 6431, Phase 1) into Community Facilities District 2005-1 and Related Actions.

The City Council held a public hearing to consider Annexation No. 6 (Tract 6431, Phase 1) into Community Facilities District 2005-1.

Acting Community Development Director Derek Sylvester announced the correction to the related resolutions with respect to dates.

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Page 4 ends

Public comment:

None.

The Council closed the public hearing.

The City Council by motion of Council Member Montelongo adopted Resolution No. 2025-37 Authorizing the Annexation of Territory to Community Facilities District No. (CFD) 2005-1 (Annexation No. 6) and Authorizing the Levy of a Special Tax and Submitting the Levy of Tax to the Qualified Electors. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

The Council conducted a Special Election of the Qualified Electors of Annexation No. 6 of the City’s CFD 2005-1 and Declare and Certify the Results of one yes vote and zero no votes.

The Council by motion of Council Member Melendez adopted Resolution No. 2025-38 Making Certain Findings, Certifying the Results of Election and Adding the Territory Identified as Annexation No. 6 to CFD 2005-1. The motion was seconded by Council Member Montelongo and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

H. DEPARTMENT REPORTS

1. SUBJECT: APPROVED - Fire Department Security Improvements.

The Council by motion of Council Member Melendez approved the sole source expenditure of $41,839 to upgrade the Fire Department’s security access with a modern access control system and authorized the City Manager to sign the necessary documents on behalf of the City. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:

AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

I. CITY MANAGER/STAFF COMMUNICATION

City Manager Nathan Olson announced the following:

• Greenwood park restrooms are closed due to broken line and will be open tomorrow.
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Page 5 ends

• Well 12 will be back online mid next week.
• Well 14 is being rehabbed.
• Sanger Fence owners have notified the City that they will go forward with original plans and replace all infrastructure.
• Will be out of office Monday through Wednesday attending ICSC. • JFK Park has lights and staff is currently seeking grants to purchase lights for the walking trail. The bathrooms have been painted, the tot lot inspected and repaired, and the irrigation system has been repaired.

J. REPORTS AND MATTERS INITIATED BY CITY COUNCIL MEMBERS

Mayor Pro Tem Martinez announced the following:

• Sent City Manager an email regarding water leaking in the easement along Bethel and Sterling and requested an update.
• Asked when the ordinance regarding trailers parked in roadway will be brought to Council.

City Manager Olson indicated that the ordinance has been drafted and will be brought to Council in July.

Council Member Hurtado announced the following:

• Thanked staff for showing urgency to the pedestrian crosswalks in Districts 1 and 2. • Requested an update regarding the pedestrian bridge on Church and Academy. • Requested staff look at the crosswalk at Academy and 12 th Street because it looks dangerous.
• Requested a list of routine maintenance done on the sewer system. • Requested an update on the management plan for the sewer system. • Thanked Senator Melissa Hurtado for providing funding for the Tombstone project. • Attended the GSA meeting yesterday and was notified that Sanger is bookkeeper for GSA transactions.
• Will be attending ICSC next week to represent Center Point.

Council Member Montelongo announced the following:

• Thanked Senator Melissa Hurtado for assisting with funding for Tombstone project. • Held a student assembly to provide information regarding the dangers of fentanyl. • Breaking the Chains representatives met about 400 students to discuss human trafficking issues.

Council Member Melendez announced the following:

• Thanked City Manager and staff for the update on JFK Park. • Participated in a tour with Code Enforcement Officers and asked that quarterly reports be provided to the council on what the goals are for the community.

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Page 6 ends

Mayor Gonzalez announced the following:

• The Tombstone event was great. Approximately 50 people attended. • Attended the Sanger High Hall of Fame event.
• Will be attending ICSC and hoping to have successful trip in an effort to attract businesses to the City
• Attended One Voice trip to DC to promote local projects. Met with Senators Schiff and Padilla.

Advocated for Fresno airport, study to raise Pine Flat Dam 12 feet that would result in additional water, highlighted the City’s Trek to the Tree event.

City Manager Olson asked the Council for a consensus to reschedule the June 5th meeting to be held on June 10th, reschedule the June 19th meeting due to be held on June 24th, and hold a special meeting on June 17th for consideration of the budget. The Council gave consensus.

K. ADJOURNMENT

Being no further business, the Council adjourned their meeting at 7:14 pm.

Attest:

Rebeca Padron, Interim City Clerk
12 Prepared by: Joshua Rogers____ Approved by: ________________________

REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION _X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: June 10, 2025
Agenda Item No.: F-2

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Josh ua Rogers, City Engineer
Subject: Road Repair and Accountability Act (SB 1) Project List for FY 25/26

Attachment:

1. Resolution No. 2025-40

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2025-40 approving the project list for the 25/26 fiscal year capital improvement program as prescribed to satisfy the program objectives and statutory requirements of the Road Repair and Accountability Act of 2017 (SB 1).

EXECUTIVE SUMMARY:

Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017, provides additional funding through a combination of taxes and fees for the purpose of addressing basic road maintenance, rehabilitation and critical safety needs on the State’s roadway network. With this additional funding available to cities and counties, further reporting is required, including a proposed project list with various project details. The project list must be adopted by Council resolution. This staff report is meant to provide the required project and budgetary information needed to satisfy the funding and reporting requirements.

13 \\nas1\shared\Forms & Templates

BACKGROUND:

On April 28, 2017 the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1:

• increased per-gallon fuel excise taxes;
• increased diesel fuel sales taxes and vehicle registration fees; and • provided for inflationary adjustments to tax rates in future years.

In 2017, the State Controller started depositing various portions of this new funding into the Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

In order to be eligible for this funding, recipient cities and counties must:

• develop and submit a list of projects to the California Transportation Commission (CTC) each fiscal year;
• develop and submit a project expenditure report to the CTC each fiscal year; and • comply with all requirements including reporting requirements for RMRA funding.

The deadline for recipient cities and counties to submit their project lists for the 25/26 fiscal year is July 1, 2025. All proposed projects must be adopted by local agency resolution.

The draft Sanger Capital Improvement Program (CIP) budget has been prepared and the City is projected to receive $719,687 in RMRA funding. The following project is proposed by Staff to be included in the RMRA project list:

• N Street – 9
th Street to Annadale Ave

This project is in the 25/26 CIP budget and current 5-Year CIP. Design has been completed and the funding for 25/26 is for the Construction phase.

FISCAL IMPACT:

There is no fiscal impact from the submission of a project list, except that failure to submit a project list could result in forfeiture of funding from the RMRA.

ALTERNATIVES:

No recommended alternative.

ACTIONS FOLLOWING APPROVAL:

Staff will upload the revised resolution to the reporting portal prior to the July 1, 2025 deadline. 14 \\nas1\shared\Forms & Templates

ATTACHMENT 1

15 RESOLUTION NO. 2025-40

A RESOLUTION OF THE CITY OF SANGER ADOPTING A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Sanger are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City of Sanger must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City is projected to receive an estimated $719,687 in RMRA funding in Fiscal Year 2025-26 from SB 1; and

WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and

WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide;

NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Sanger, State of California:

1. The foregoing recitals are true and correct;

2. The City of Sanger is adopting the following list of projects planned to be funded in fiscal year 2025-26 with Road Maintenance and Rehabilitation Account revenues:

16 Project Name Project Description Project Location
Estimated
Useful Life
Anticipated
Year of
Construction
N Street – 9th Street to
Annadale Ave
Reconstruction of asphalt
pavement, curb, gutter and
sidewalk, ramps and related
infrastructure
N Street from 9th
to Annadale 25-30 years 2025

* * * * * * * * * * * * * * * * *

I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted and passed by the City Council for the City of Sanger, California, at a regular meeting held on the 10th day of June 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

__________________________________________
Rebeca Padron, Interim City Clerk

17 Prepared by: Joshua Rogers____ Approved by: ________________________

REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION _X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: June 10, 2025
Agenda Item No.: F-3

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Josh ua Rogers, City Engineer
Subject: Local Streets Improvement Project CIP 24-02
Contract Award

Attachment:

1. Contract

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council:

1. Award the contract for the project to Emmett Valley Construction Inc, 9662 W Kearney Blvd Fresno, CA, 93706, in the amount of $425,249.20, as lowest responsive and responsible bidder; and

2. Approve a construction contingency for change orders in the amount of $42,500 (10%) for this project; and

3. Authorize the City Manager to sign contract documents on behalf of the City.

EXECUTIVE SUMMARY:

This project will remove and replace the existing asphalt pavement, reconstruct portions of concrete curb & gutter, valley gutters, and sidewalk at multiple locations within an existing residential neighborhood near the intersection of Bethel & Annadale. Curb ramps within the project limits will be upgraded as well.

18 \\nas1\shared\Forms & Templates

BACKGROUND:

This project will construct residential roadway improvements on 10 th Street from Bethel Avenue to
Post Avenue, Magnolia Avenue from Bethel Avenue to Brehler Avenue, and Brehler Avenue from 10th Street to Annadale Avenue. Located near Sanger High School, this project will ensure safety and reliability for students, parents, and staff who use these roads to commute to and from the high school.

The scope of work includes repairs to the existing asphalt pavement, concrete improvements, and upgrades to the accessible curb ramps.

During the project bidding phase, the Notice Inviting Bids was advertised in the Mid Valley Times and circulated in the local builders’ exchanges. Additionally, other reputable contractors experienced with this type of construction were made aware of the project and invited to bid on the project as well.

On May 7, 2025 the City Clerk received and opened eight bid proposals for this project:

Contractor Bid

1. Emmett Valley Const., Inc. $425,249.20

2. Terra West Construction, Inc. $469,513.00

3. Dave Christian Construction Co. $480,901.20

4. MAC General Engineering, Inc. $493,327.27

5. Central Valley Asphalt $502,978.00

6. R.J. Berry, Jr., Inc. $512,355.40

7. Cal Valley Construction, Inc. $569,566.00

8. Granite Construction Co. $576,086.90

Engineer’s Estimate $528,955.80

The bids were analyzed and it was determined that Emmett Valley Construction, Inc. submitted the lowest responsive and responsible bid and as such, Staff recommends that they be awarded the contract.

REASON FOR RECOMMENDATION:

Award of the contract will allow the City to proceed with the project.

FISCAL IMPACT:

The estimated cost for the construction phase of the project is $529,749, as detailed below:

• Construction - $425,249
• Construction Contingency - $ 42,500
• Construction Management/Inspection/Testing/Admin - $ 62,000

The project is being funded in the existing FY24/25 and proposed FY25/26 budgets by a combination of TDA Article 8 and Measure C Flexible funds, both of which are part of the City’s Local Transportation revenues.

19 \\nas1\shared\Forms & Templates

ALTERNATIVES:

None recommended.

ACTIONS FOLLOWING APPROVAL:

The contract will be executed, subject to the Contractor providing performance security satisfactory to the City. After issuance of the Notice to Proceed, the Contractor will have 50 working days to complete the project.

20 \\nas1\shared\Forms & Templates

ATTACHMENT 1

21 CONTRACT

THIS CONTRACT, is made by and between Emmett Valley Construction , hereinafter called the Contractor, and the City of Sanger, hereinafter called the Owner.

W I T N E S S E T H:

The Contractor and the Owner, for the consideration hereinafter stated, agree as follows:

1. SCOPE OF WORK.

The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen and laborers required for the

Local Street Improvement Project CIP 24-02

as shown on the plans prepared by Yamabe & Horn Engineering, Inc., in strict compliance with the Plans, Drawings and Specifications therefore prepared by the Owner and other Contract Documents relating thereto.

2. CONTRACT DOCUMENTS.

The term Contract includes all “Contract Documents” which include the following:

A. Advertisement (Notice Inviting Bids)
B. Wage Scale (Prevailing Wages)
C. Standard Specifications ¹
D. Special Provisions
E. Plans and Drawings
F. Addenda and Bulletins
G. Contractors Bid Proposal hereto attached
H. This Contract

In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.

3. COMPENSATION.

The Owner agrees to pay the Contractor for the performance of the Contract the sum of Four hundred twenty- five thousand two hundred forty- nine dollars and twenty cents ($425,249.20).

______________________________________________________________________ ¹ This Contract shall be subject to the Claims Resolution Process under Public Contract Code Section 9204 which is effective January 1, 2017; contrary language in Standard Specifications is superseded by said Section 9204 22 It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor’s Proposal hereto attached.

4. SUSPENSION OF THE WORK.

A. General: The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.

B. Archaeological and Paleontological Discoveries : If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.

Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance wi th Section 7.

5. TERMINATION OF THE CONTRACT FOR DEFAULT.

A. General: If, prior to the acceptance of the Work, the Contractor:

(1) Becomes insolvent, assigns its assets for the benefit of its creditors, is unable become due, or is otherwise financially unable to complete the Work; (2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents;
(4) Fails to prosecute the Work according to the schedule approved by the Engineer; (5) Disregards laws or regulations of any public body having jurisdiction; or (6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.

B. Notices: Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:

(1) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall 23 show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or

(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

C. Notice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.

D. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(1) Will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) May use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.

The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

E. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress acco rding to the plan accepted by the Owner, the Owner may, 24 upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety.

If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in e xcess of the remaining Contract Price.

F. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.

6. TERMINATION OF THE CONTRACT FOR CONVENIENCE.

The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.

A. Notice: The Owner will issue a written notice of termination for convenience as follows:
(1) Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

B. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.

C. Payment: The Contractor will be paid without duplication for:
(1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the Owner no later than 90 days from the effective date of termination, unless extended, in writing, 25 by the Owner upon written request by the Contractor.

If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.

7. DELAYS AND EXTENSIONS OF TIME.

A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.

No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of t he Contractor’s operations and the approved construction schedule.

If delays beyond the Contractor’s control are cause by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner.

The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract.

If delays beyond the Contractor’s control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.

B. Extensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.

C. Payment for Delays: Pursuant to Public Contract Code Section 7102, the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.

Such actual costs will be determined by the Engineer. The Owner will not be liable for damages whi ch the Contractor could have avoided by any reasonable mans, such as judicious handling of forces, equipment or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 26 D. Written Notice and Report: If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall file with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least 15 days before the specified completion date.

Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Owner to consider such a request.

E. Time of Completion: The Contractor shall complete the Work in the time specified in the Contract or the Special Provisions. The Contractor shall complete each portion of the Work within the time specified as in the Contract or the Special Provisions for such portion.

Unless otherwise specified in the Contract or the Special Provisions, the time of completion of the Contract shall be expressed in Working Days.

F. Contract Time Accounting: The Engineer will make a daily determination of each Working Day to be charged against Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing the allowable number of Working Days of Contract time, as adjusted at the beginning of the reporting period.

The statement will also indicate the number of Working Days charged during the reporting period and the number of Working Days of Contract time remaining. If the Cont ractor does not agree with the statement, it shall file a written protest within 15 Days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.

8. COMPLETION, ACCEPTANCE, AND WARRANTY.

A. Completion: The Contractor shall submit a written assertion that the Work has been completed. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work and to which liquidated damages will be computed.

B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor’s performance of the Contract be accepted.

C. Warranty: The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 2 years. The warranty period shall start on the date the Work was completed as determined by the Engineer.

The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.

All warranties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the 27 Contractor’s performance of the Contract.

The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor’s Surety shall be liable for the cost thereof.

9. LIQUIDATED DAMAGES.

Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with Section 7 above, the Contractor shall pay to the Owner, or have withheld from monies due it, the sum of $500.00, unless otherwise specified in the Special Provisions.

Execution of the Contract shall constitute agreement by the Owner and the Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

10. INDEMNIFICATION
To the maximum extent permitted by Civil Code Section 2782 et seq ., Owner shall not be liable for, and Contractor shall defend, indemnify, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively “Owner Parties”), against any and all claims, deductibles, self -insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively referred to as “Claims”), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, sub-contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, of Owner Parties.

However, Contractor shall have no obligation to defend or indemnify Owner Parties against Claims caused by the active negligence, sole negligence or willful misconduct of Owner Parties.

This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor.

11. INSURANCE.

Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Contract, the following -described insurance coverage, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers’ compensation and employer’s liability insurance, the Owner, its officers, agents, and employees of each of them:
28 A. MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

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

(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

(3) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. MINIMUM LIMITS OF INSURANCE

Contractor shall maintain limits no less than:

(1) General Liability: $ 2,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / loc ation or the general aggregate limit shall be twice the required occurrence limit.

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

(3) Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductible or self-insured retentions must be declared to and approved by the Owner.

At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. OTHER INSURANCE PROVISIONS

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

(1) The Owner, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of 29 protection afforded to the Owner, its officers, officials, employees, agents or volunteers.

(2) For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Owner, its officers, officials, employees, agents and volunteers. Any insurance or self -insurance maintained by the Owner, its officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents or volunteers.

(4) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Owner.

E. ACCEPTABILITY OF INSURERS

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less the A:VII.

F. VERIFICATION OF COVERAGE

Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner.

All endorsements are to be received and approved by the Owner before work commences.

As an alternative to the Owner’s forms, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorse ments affecting the coverage required by these specifications.

G. SUBCONTRACTOR

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Contractors Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities.

The policy shall not contain “x”, “c” or “u” exclusions.

30 Certificates of such insurance shall be filed with the Owner concurrently with the execution of this Contract or, with Owner’s approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the Owner.

12. WORKERS COMPENSATION.

Contractor represents that he or she has secured the payment of Worker’s Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker’s Compensation Insurance is in effect and providing that the Owner will receive ten (10) days written notice of cancellation. If the Contractor self -insures Worker’s Compensation, Certificate of Consent of self-insured shall be provided the Owner.

13. BONDS.

The Contractor shall forthwith furnish in triplicate two bonds, each in the amount of 100 percent of the Contract price. One shall serve as security for the faithful performance of the work (hereafter “Performance Bond”). The second bond shall serve as s ecurity for the faithful performance and satisfaction of the persons furnishing materials and performing labor on the work (hereafter “Payment Bond”). Both bonds shall be written by a surety company licensed to transact surety business in the State of California and in the form prescribed by law.

The Performance Bond shall remain in force throughout the period required to complete the work and thereafter for a period of 730 calendar days after final acceptance of the work. The Payment Bond will be released 35 days after the recording date of the Notice of Completion, provided no liens are filed with the Owner. The Payment Bond shall contain provisions such that if the Contractor or its subcontractor shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay reasonable attorneys’ fees to be fixed by the court.

14. DEFECTIVE MATERIALS; DEFECTIVE WORK.

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twenty four (24) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such materials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated. 31 The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cure has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred by reason of the said failure or refusal.

15. LABOR STANDARDS.

A. General: Contractor agrees that construction work shall be subject to the provisions of state and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.

B. Wages:
(1) General: The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rate established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of California. An employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.
(2) State: The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity of the work to be performed under this Contract.

These wage rates are maintained on file by Owner at its principle office and will be made available to any interested party upon request.
(3) Enforcement: These wage rates shall be enforced under Sections 1770 through 1780 of the California Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Payroll Records: Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Certified payrolls shall be submitted weekly to Owner c/o Yamabe and Horn Engineering Inc. Electronic certified payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.

C. Preference for Resident Labor : Whenever possible in the employment of labor for performance of the work, the Contractor shall give preference to qualified persons residing within the general area of the work.
32 D. Hours of Labor: Pursuant to the Labor Code, eight hours of labor shall constitute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under paragraph Subsection E below.

Failure of the Contractor to perform the work in accordance with this policy of the State of California shall be deemed a failure to comply with the provisions of this Contract.

E. Overtime Work: In accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty -five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of Labor Code Sections 1810-1815.

Overtime and shift work may be established as a regular procedure by the Contractor with reasonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.

F. Apprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch offices.

G. Compliance with SB 854: California Labor Code: Contractor represents that it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]
(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
33 (3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(4) No bid proposals will be accepted nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor’s responsibility to know the current regulations.
(6) Contractor must furnish electronic certified payroll records to the Division of Labor Standards Enforcement (“Labor Commissioner”) as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.

16. LAWS, REGULATIONS AND PERMITS.

A. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations of the law in connection with work provided by the Contractor.

If the Contractor observes that the drawings, specifications are at variance with any laws, ordinances, rules or regulations, the Contractor shall promptly notify the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules, or regulations.

B. Permits and Licenses : Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution of the work and the subsequent guarantee period shall be secured and paid for by the Contractor.

Permits and lice nses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.

C. Patents and Royalties : The costs involved in fees, royalties or claims for any patented invention, article, process or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release from all such fees or claims.

Should the Contractor, agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under this contract, the Contractor shall promptly pay such royalties and secur e the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contrac t. Descriptive 34 information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalt ies and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents and employees or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.

17. CALIFORNIA LAW AND VENUE.

The terms of this Contract shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather that voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.

18. MUTUAL NEGOTIATION.

Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.

19. ATTORNEY’S FEES.

In the event of litigation concerning this Contract the prevailing party shall be awarded reasonable attorney fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.

35 IN WITNESS WHEREOF, the parties have executed this Contract as set forth below.

CITY OF SANGER
EMMETT VALLEY CONSTRUCTION, INC.
(OWNER) (CONTRACTOR)

By: By:

Nathan Olson, City Manager

Date: _______________________________ Title:

Approved as to Form:

Federal Taxpayer I.D. No.

City Attorney Date: _______________________________

Date: _______________________________

36 Prepared by: __Raymond Martin _ Approved by: ________________________

REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION _X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Successor Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: June 10, 2025

Agenda Item No.: F-4

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Esperanza Rosales, Public Works Director
Subject: A pprove the purchase of a n Avant M855 under Sourcewell Contract #020223-AVT and using authorized grant funds from the SB 1383 Local Assistance Grant Program

Attachments: 1) Specification Information and Quote

RECOMMENDATION:

Staff respectfully recommends that the City Council authorize the purchase of a new Avant M855 under Sourcewell Contract #020223- AVT for $86,535.05 with the use of SB 1383 Local Assistance Grant Program funds.

EXECUTIVE SUMMARY:

The City of Sanger has been awarded an SB 1383 Local Assistance Grant in the amount of $76,049.00.

Of this funding, $50,000 has been specifically allocated and pre-approved for the purchase of a forklift.

The Avant Loader will be procured through Sourcewell Contract #020223- AVT, a cooperative purchasing program that streamlines the acquisition process by leveraging competitively awarded contracts. This approach ensures compliance with procurement standards while providing cost-effective and efficient purchasing for the City. Through Sourcewell, the City benefits from pre-negotiated pricing and access to vetted suppliers, simplifying procurement and ensuring the best value for SB 1383-related activities.

BACKGROUND:

City staff have identified a grant opportunity through the Department of Resources Recycling and Recovery (CalRecycle) that will fund assets that will be utilized for handling, transporting, and delivering compost procurements, as well as supporting the City's SB 1383- related activities. Per Resolution No. 2020-05, 37 the City Council authorized the City Manager to submit applications to this program. Public Works staff has identified an Avant Tractor that meets the criteria SB 1383 Local Assistance Grant Program . The identified total cost with sales tax is $86,535.05.

REASON FOR RECOMMENDATION:

The Public Works Department needs a reliable forklift to be utilized in the operation of SB1383 procurement. The proposed Avant loader is a versatile unique loader that has the ability to utilize over 200 attachments, enabling users to customize the loader for various tasks, from landscaping and construction to farming and property maintenance. Additionally, Avant loaders are known for their high lift capacity relative to their size, making them efficient for heavy-duty applications while maintaining a small footprint.

The Public Works department intends to utilize the bucket and fork attachments for SB1383 procurement as we currently have no good method to offload and load procurements.

FISCAL IMPACT:

The SB 1383 Local Assistance Grant Program will fund $50,000 and there will be a fiscal impact on the disposal enterprise fund account 631-070-601-7230 of $36,535.05. The funding is fully budgeted in the FY2025 budget.

ALTERNATIVES:

The City Council could decide not to utilize the grant funds and cancel the purchase or provide additional information.

ACTIONS FOLLOWING APPROVAL:

City staff will initiate the procurement of the Avant according to the City's Purchasing Policy and will make the appropriate budgetary entries to reflect the expenditure.

38 ATTACHMENT 1
39 1
CP: ELIAN

Q U O T A T I O N
DATE:

CUSTOMER #:

P.O.#:
23467
AVANT 860
TERMS: Net 30
5/7/2025California Turf Equipment & Supply Inc.
956 N J STREET
TULARE, CA 93274 USA
Phone #: (559)688-2505
Fax #: (559)688-0861
PHONE #:

ALT. #:
(559)876-6300
LOCATION: 1
STATUS: Active
PAGE:

ORDER #: 380297
SALES TYPE: Quote
(559)213-8094CELL #:

CITY OF SANGER
1700 7th St
SANGER, CA 93657 US

CITY OF SANGER
1700 7th St
SANGER, CA 93657 US
23467

BILL TO SHIP TO

MFR PRODUCT NUMBER DESCRIPTION QTY PRICE NET TOTAL
AVNT M860 $124,150.00 $86,548.00 $86,548.001Avant M860 ROPS 380/55-17 GR T4F SOURCEWELL CONTRACT #020223-AVT
**** FREIGHT $2,500.00 $2,500.00 $2,500.001FREIGHT, PREP AND DELIVERY Quotation
$96,394.46ORDER TOTAL:
$7,346.46TAX:

SUBTOTAL: $89,048.00
Authorized By:
40 20
Avant’s largest and
most powerful model
133.7 in
138 in
57 hp
Diesel
5600 lb
4190 lb
0-18.6 MPH
Handling capacity up to 4190 lb
Strong boom construction with two tilt cylinders
Lifting height 137.8 in to hinge pin
Oil flow for attachments max. 21.1 gal/min, twin pump
Cab with air conditioning available
Air suspension seat for cab available
Big 17” wheels as standard
Avant quick attach system as standard
Kohler KDI 1903 TCR turbocharged common rail diesel engine complies w
ith Tier 4 Final emission regulations without need for diesel exhaust fluid (DEF) or active regeneration of the particulate filter (DPF) Standard specification
Telescopic boom, boom self levelling, boom floating
® TM drive system - more power to drive and to
attachment hydraulics
Strong piston type Poclain drive motors on all models
Dual speeds available
Hydrostatic 4WD
Multi connector system for hydraulic attachments
Joystick 8 functions
Drive release valve
Hydraulic parking brake
Certified ROPS safety frame + FOPS canopy
2 front LED work lights (1000 lumen)
10-stud wheel hub, standard tires 380/55-17” Tractor
Full suspension heated seat with seat belt & hand rests Integrated back weight 600 lb
Fast travel speed: 18.6 mph
Multi function display instead of separate gauges, with information on e
ngine revs, working hours, fuel consumption (g/h), auxiliary hydraulics oil flow, temperatures etc.

Large fuel tank 16.6 gal
41 Prepared by: _Shaffer Fluetsch _ Approved by: __Esperanza Rosales______________

REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION __X__ Consent
____ Info Item
__X_ Action Item
____ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: June 10, 2025

Agenda Item No.: F-5

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: Shaffer Fluetsch, Public Works Management Analyst Subject: Authorize On -Call Architectural and Engineering (A&E) Services Agreement for State and Federally Funded Transportation Projects Attachments: 1) Proposed On -Call A&E Agreement
2) Statement of Qualifications – Yamabe and Horn Engineering 3) State and Federal Fee Schedule

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council approve Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call architectural and engineering (A&E) services between Yamabe and Horn and the City of Sanger for State and Federally funded transportation projects and authorize amendments for a five-year period not to exceed $4 million dollars.

EXECUTIVE SUMMARY:

There currently is no state approved agreement for A&E services between the City of Sanger and an engineering consultant; therefore, in order for the City to be in compliance with state and federal laws and regulations and for the City to request funding for transportation projects, an A&E consultant is required per California Department of Transportation (CalTrans) Local Assistance Procedures Manual (LAPM).

Through a State specific selection process, Yamabe and Horn was chosen as the consultant for the City of Sanger. The total amount of agreement with Yamabe and Horn shall not exceed $4 million dollars for a performance contract period not to exceed five years including any amendments. The contract will allow pending transportation projects to commence and for Yamabe and Horn to provide a crucial set of services based on task orders assigned by the City.
42 BACKGROUND:

The City of Sanger consistently seeks to improve its transportation infrastructure and provide essential services to its residents. Many of these projects are funded, in whole or in part, by State and/or Federal funding sources, often involving coordination with the California Department of Transportation (CalTrans). Based on a project audit in June 2023 by the Independent Office of Audits and Investigations, it was deemed that the City of Sanger did not adhere to the required state and federal processes for A&E consultant selection. Following the audit results, the City has been unable to move forward with new state and federally funded projects out of concern that any funding spent on Architectural and Engineering services would not be reimbursable until the City has gone through and documented the required procurement process.

In response to the audit findings, the City has taken the necessary steps to become compliant according to Caltrans Local Assistance Procedural Manual (LAPM). On October 21, 2024, the City solicited Request for Qualifications (RFQ) from qualified engineering firms for On-Call Engineering Services for State and Federally Funded Transportation Projects. The scope of services the City requested, but not limited to, are the following: Project Management, Preliminary Engineering Studies, Survey and Mapping, Preliminary Environmental Studies, Utility Coordination, Right of Way Phase & Determination, Design, Coordination with Adjacent Properties, Construction Phase Authoriza tion, Bid Process, Construction Management, and Grant Administration.

On December 2, 2024, the City received two RFQ proposals. A fter an extensive procurement process and thorough review and verification of adherence to Federal, State and City contract procurement requirements, the City has identified Yamabe and Horn Engineering as the highest ranked and the most qualified firm and the City wishes to enter into agreement with them for State and Federally funded transportation projects for a five-year period (including amendments) not to exceed $4 million dollars.

REASON FOR RECOMMENDATION:

Staff recommends having a single, prime consultant to provide on-call engineering services in which the consultant will provide engineering design, land surveying, environmental services, construction management/ administration services and follow the City standards along with all pertinent Federal, State, and C ity rules and regulations. These services will help in the construction roadways and other transportation-related projects each year which will greatly improve the infrastructure of the City.

FISCAL IMPACT:

The On-Call A&E agreement establishes a framework for consultant services. Individual task orders will be issued under the agreement as specific projects arise. Funding for these task orders will be allocated from the respective project budgets, which may include a combination of Federal , State, and City funds. The agreement itself does not commit the City to a specific expenditure but provides the mechanism for procuring services.

ALTERNATIVES:

Not having an A&E consultant will result in non-compliance which can result in a loss of funding and jeopardize future opportunities to receive federal and state funding.

ACTIONS FOLLOWING APPROVAL:

Staff will ensure all parties have signed the contract. Submit fully execute copy of the contract to Cal-Trans Headquarters.
43 ATTACHMENT 1

44 On-Call Engineering Services for Federally Funded Transportation Projects C-1

CONSULTANT SERVICES CONTRACT
(For Local Assistance Federal-Aid Projects)

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named CONSULTANT and the following named LOCAL AGENCY:
“CONSULTANT”
YAMABE & HORN ENGINEERING, INC.

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Joshua Rogers
“LOCAL AGENCY”

CITY OF SANGER

The Contract Administrator for LOCAL AGENCY will be PUBLIC WORKS DIRECTOR OR DESIGNEE

B. T
he work to be performed under this AGREEMENT is described in Article III Statement of Work and the CONSULTANT’s Cost Proposal dated April 22, 2025. The CONSULTANT’s Cost Proposal is attached hereto (Attachment #1) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

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

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.

CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

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

F. Any third-party(ies) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against the LOCAL AGENCY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
45 On-Call Engineering Services for Federally Funded Transportation Projects C-2

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, which consent shall not be unreasonably denied. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

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

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

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

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.

These reports shall be submitted at least once per month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

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

ARTICLE III STATEMENT OF WORK
[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

Specifically, the Consultant selected will be required to complete the following tasks:

1. Project Management – The Consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities including but not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, filed review, tracking action items for the CITY and Consultant sub-contractors, and preparing all submissions for the CITY to submit to Caltrans Local Assistance.

2. 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.

3. Survey 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 includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of- Way Retracement, and a Record of Survey.

4. Preliminary Environmental Studies – Complete the environmental review; including submitting the Ca
ltrans Preliminary Environmental Study to complete the NEPA document. Consultant will assist the CITY in preparing the CEQA document as requested.

46 On-Call Engineering Services for Federally Funded Transportation Projects C-3

5. Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, including relocation of the utility poles, as needed.

6. 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.

7. Design – Design the improvements and prepare the plans, specifications, and estimates in accordance with CITY and 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.

8. 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.

9. Construction Phase Authorization – Consultant shall prepare Request for Authorization to advance project to Construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.

10. Bid Process – Provide an electronic copy of the final approved plans and specifications, a copy of the final approved plans, and a hard copy of the final approved specifications. The electronic copy of the plans and specifications shall be provided as PDF files. Consultant 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 Consultant as necessary.

11. 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, review shop drawings if applicable, convene construction progress meetings as required, review contractor pay requests, review proposed change orders, review and recommend final acceptance of project by CITY.

12. Grant Administration – Consultant shall prepare and submit Requests for Authorization (RFA) to Caltrans Local Assistance for the various phases of work including:
• Preliminary Engineering (PE)
• Right of Way (R/W)
• Utility Relocation (RW/UTIL)
• Construction (CON)
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.

B. 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.

C. 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. 47 On-Call Engineering Services for Federally Funded Transportation Projects C-4

D. CONSULTANT Services During Construction
The extent, if any, of CONSULTANT’s services during the course of construction, such as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

E. 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.

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

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on June 10, 2025 contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’s Contract Administrator. The AGREEMENT shall end on June 10, 2030 unless extended by AGREEMENT amendment.

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

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

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. 48 On-Call Engineering Services for Federally Funded Transportation Projects C-5

CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

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

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order.

Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that includes any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Sanger
Public Works Director or Designee (Contract Administrator) 1700 7th St
Sanger, CA 936757
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.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT not 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 $4,000,000. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this AGREEMENT through Task Orders.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work product, including

49 On-Call Engineering Services for Federally Funded Transportation Projects C-6

but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date by CONSULTANT, whether completed or not.

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

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by 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 product, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed by CONSULTANT 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.

ARTICLE IX AUDI

T 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.

50 On-Call Engineering Services for Federally Funded Transportation Projects C-7

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

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

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report.

Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

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

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT. 51 On-Call Engineering Services for Federally Funded Transportation Projects C-8

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

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

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

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

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

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 he
r 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.

52 On-Call Engineering Services for Federally Funded Transportation Projects C-9

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.

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

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

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

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

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

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5.

Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-co mpliance).

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.
53 On-Call Engineering Services for Federally Funded Transportation Projects C-10

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

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

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

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

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

5. Th
e 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.

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.

54 On-Call Engineering Services for Federally Funded Transportation Projects C-11

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

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.

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

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

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

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

55 On-Call Engineering Services for Federally Funded Transportation Projects C-12

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

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

H. Employment of Apprentices

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

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

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

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

56 On-Call Engineering Services for Federally Funded Transportation Projects C-13

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

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

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

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

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

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

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

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

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

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

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no 57 On-Call Engineering Services for Federally Funded Transportation Projects C-14

case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

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

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

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

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

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

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

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

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

3. Does not have a proposed debarment pending; and

4. Ha
s 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.

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ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs.

CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract.

Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil- rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally- funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 21 %. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2:

Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. Contract Assurance Under 49 CFR 26.13(b):

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

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
59 On-Call Engineering Services for Federally Funded Transportation Projects C-16

(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible D. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent.

CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

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

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

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

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

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

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

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. Se nd 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. 60 On-Call Engineering Services for Federally Funded Transportation Projects C-17

• CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

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

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

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

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

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self -perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• N egotiation 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.

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E. 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 -tiers 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.

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.

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

CONSULTANT must perform CUF evaluation for each DBE working on a federal -a id 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 62 On-Call Engineering Services for Federally Funded Transportation Projects C-19

information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

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

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

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

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

LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review.

Th
e 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.

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G. 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.

H. 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 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.

I. 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 CONSULTANTS shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. 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.

K. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

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

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

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

B. The Certificate of Insurance will provide:

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

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

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

C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL 64 On-Call Engineering Services for Federally Funded Transportation Projects C-21

AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

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

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

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

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

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

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

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

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business.

For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

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

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

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. 65 On-Call Engineering Services for Federally Funded Transportation Projects C-22

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

ARTICLE 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.

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

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of the LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, the LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to the 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 the 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 the 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 the LOCAL AGENCY without restriction or limitation upon its use or dissemination by the LOCAL AGENCY.

C. N
othing 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 the LOCAL AGENCY for another project or project location shall be at the 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 66 On-Call Engineering Services for Federally Funded Transportation Projects C-23

available for consultation with LOCAL AGENCY’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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

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

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

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

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

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

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

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

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

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

ARTICLE 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.

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

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

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

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES

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.

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d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (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 69 On-Call Engineering Services for Federally Funded Transportation Projects C-26

Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned non- discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

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

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

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above 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, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied 70 On-Call Engineering Services for Federally Funded Transportation Projects C-27

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:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • E
xecutive 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 71 On-Call Engineering Services for Federally Funded Transportation Projects C-28

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 affected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

Yamabe & Horn Engineering, Inc
Joshua Rogers, Principal Engineer
2985 N Burl Ave Ste 101
Fresno, CA 93727

LOCAL AGENCY:

City of Sanger
Public Works Director or designee , Contract Administrator 1700 7th St
Sanger, CA 93657

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

ARTICLE XXXV SIGNATURES

CITY OF SANGER YAMABE AND HORN

Nathan Olson, City Manager Joshua Rogers, Principal

Date Date

72 ATTACHMENT #1

Cost Proposal
73 ATTACHMENT 2

74 Engineering Construction Management
Principal Engineer 280$ per hour Construction Manager II 195$ per hour Civil Engineer V 225$ per hour Construction Manager I 160$ per hour Civil Engineer IV 185$ per hour Project Services Administrator 115$ per hour Civil Engineer III 175$ per hour Public Works Inspector III 3 160$ per hour Civil Engineer II 165$ per hour Public Works Inspector II 3 155$ per hour Civil Engineer I 150$ per hour Public Works Inspector I 3 140$ per hour Project Manager III 180$ per hour
Project Manager II 170$ per hour
Project Manager I 145$ per hour
Assistant Engineer III 140$ per hour Technical Services Assistant Engineer II 125$ per hour GIS/CAD Manager 160$ per hour Assistant Engineer I 105$ per hour GIS Analyst 125$ per hour GIS Technician 105$ per hour
CAD Drafter II 110$ per hour
Land Surveying CAD Drafter I 95$ per hour
Land Surveyor II 175$ per hour Clerical 85$ per hour Land Surveyor I 160$ per hour
Assistant Surveyor II 140$ per hour
Assistant Surveyor I 120$ per hour Direct Costs
2-Person Survey Crew (PW) 3
305$ per hour Travel
1-Person Survey Crew 3 200$ per hour Subconsultants and Printing Notes:

1. Fee schedule is effective January 1, 2025 and will be adjusted each year as indicated on Proposal Sheets

2. Prevailing wage rates are shown for Fresno County.

3. Prevailing Wage OT services billed per rates established in Caltrans Cost Proposal Template Cost plus 10%
YAMABE & HORN ENGINEERING, INC.

CIVIL ENGINEERS - LAND SURVEYORS
2985 North Burl Avenue, Suite 101, Fresno, CA 93727
(559) 244-3123
2025 Fee Schedule
Fed Rate per mile
75 page 1 of
Yamabe and Horn
Engineering, Inc.

NON-PREVAILING COST PROPOSAL
(Revision: September 2024) Attachment 2
94-2615149
4/7/2025
5 Years
Overhead % General
Administration %
Indirect Cost Rate
(ICR) %
+ 77.68% + 0.00% = 142.70%
Fee = 10.00%
FCCM = 0.000%

2.67 SOQ Submittal
Date = 1 2/2/2024

1.5x 2x Straight OT (1.5x) OT (2x) From To

1. Joshua Rogers* $ 104.50
Consultant Contract/Project Manager $ 104.50 NC NC $ 278.98 NC NC 12/2/2024 12/31/2025 0.00% Principal Engineer $ 107.64 NC NC $ 287.37 NC NC 1/1/2026 12/31/2026 3.00% Exempt Salary $ 110.87 NC NC $ 295.99 NC NC 1/1/2027 12/31/2027 3.00% $ 114.20 NC NC $ 304.88 NC NC 1/1/2028 12/31/2028 3.00% $ 117.63 NC NC $ 314.04 NC NC 1/1/2029 12/31/2029 3.00% $ 121.16 NC NC $ 323.46 NC NC 1/1/2030 4/30/2030 3.00%

2. Classification $ 84.50
Civil Engineer V $ 84.50 NC NC $ 225.59 NC NC 12/2/2024 12/31/2025 0.00% Civil Engineer V $ 87.04 NC NC $ 232.37 NC NC 1/1/2026 12/31/2026 3.00% Exempt Salary $ 89.65 NC NC $ 239.34 NC NC 1/1/2027 12/31/2027 3.00% $ 92.34 NC NC $ 246.52 NC NC 1/1/2028 12/31/2028 3.00% $ 95.11 NC NC $ 253.92 NC NC 1/1/2029 12/31/2029 3.00% $ 97.96 NC NC $ 261.52 NC NC 1/1/2030 4/30/2030 3.00% Classification $ 70.00
Civil Engineer IV $ 70.00 NC NC $ 186.88 NC NC 12/2/2024 12/31/2025 0.00% Civil Engineer IV $ 72.10 NC NC $ 192.49 NC NC 1/1/2026 12/31/2026 3.00% Exempt Salary $ 74.26 NC NC $ 198.25 NC NC 1/1/2027 12/31/2027 3.00% $ 76.49 NC NC $ 204.21 NC NC 1/1/2028 12/31/2028 3.00% $ 78.78 NC NC $ 210.32 NC NC 1/1/2029 12/31/2029 3.00% $ 81.14 NC NC $ 216.62 NC NC 1/1/2030 4/30/2030 3.00%

4. Classification $ 66.00
Civil Engineer III $ 66.00 $ 33.00 $ 66.00 $ 176.20 $ 209.20 $ 242.20 12/2/2024 12/31/2025 0.00% Civil Engineer III $ 67.98 $ 33.99 $ 67.98 $ 181.49 $ 215.48 $ 249.47 1/1/2026 12/31/2026 3.00% Non-exempt $ 70.02 $ 35.01 $ 70.02 $ 186.93 $ 221.94 $ 256.95 1/1/2027 12/31/2027 3.00% $ 72.12 $ 36.06 $ 72.12 $ 192.54 $ 228.60 $ 264.66 1/1/2028 12/31/2028 3.00% $ 74.28 $ 37.14 $ 74.28 $ 198.31 $ 235.45 $ 272.59 1/1/2029 12/31/2029 3.00% $ 76.51 $ 38.26 $ 76.51 $ 204.26 $ 242.51 $ 280.77 1/1/2030 4/30/2030 3.00%

5. Classification $ 61.80
Civil Engineer II $ 61.80 $ 30.90 $ 61.80 $ 164.99 $ 195.89 $ 226.79 12/2/2024 12/31/2025 0.00% Civil Engineer II $ 63.65 $ 31.83 $ 63.65 $ 169.93 $ 201.75 $ 233.58 1/1/2026 12/31/2026 3.00% Non-exempt $ 65.56 $ 32.78 $ 65.56 $ 175.03 $ 207.81 $ 240.59 1/1/2027 12/31/2027 3.00% $ 67.53 $ 33.77 $ 67.53 $ 180.28 $ 214.05 $ 247.81 1/1/2028 12/31/2028 3.00% $ 69.56 $ 34.78 $ 69.56 $ 185.70 $ 220.48 $ 255.26 1/1/2029 12/31/2029 3.00% $ 71.65 $ 35.83 $ 71.65 $ 191.28 $ 227.11 $ 262.93 1/1/2030 4/30/2030 3.00%

6. Classification $ 57.00
Civil Engineer I $ 57.00 $ 28.50 $ 57.00 $ 152.17 $ 180.67 $ 209.17 12/2/2024 12/31/2025 0.00% Civil Engineer I $ 58.71 $ 29.36 $ 58.71 $ 156.74 $ 186.09 $ 215.45 1/1/2026 12/31/2026 3.00% Non-exempt $ 60.47 $ 30.24 $ 60.47 $ 161.44 $ 191.67 $ 221.91 1/1/2027 12/31/2027 3.00% $ 62.28 $ 31.14 $ 62.28 $ 166.27 $ 197.41 $ 228.55 1/1/2028 12/31/2028 3.00% $ 64.15 $ 32.08 $ 64.15 $ 171.26 $ 203.34 $ 235.41 1/1/2029 12/31/2029 3.00% $ 66.07 $ 33.04 $ 66.07 $ 176.39 $ 209.42 $ 242.46 1/1/2030 4/30/2030 3.00%

7. Classification $ 68.00
Project Manager III $ 68.00 $ 34.00 $ 68.00 $ 181.54 $ 215.54 $ 249.54 12/2/2024 12/31/2025 0.00% Project Manager III $ 70.04 $ 35.02 $ 70.04 $ 186.99 $ 222.01 $ 257.03 1/1/2026 12/31/2026 3.00% Non-exempt $ 72.14 $ 36.07 $ 72.14 $ 192.59 $ 228.66 $ 264.73 1/1/2027 12/31/2027 3.00% $ 74.30 $ 37.15 $ 74.30 $ 198.36 $ 235.51 $ 272.66 1/1/2028 12/31/2028 3.00% $ 76.53 $ 38.27 $ 76.53 $ 204.31 $ 242.58 $ 280.84 1/1/2029 12/31/2029 3.00% $ 78.83 $ 39.42 $ 78.83 $ 210.45 $ 249.87 $ 289.28 1/1/2030 4/30/2030 3.00%

8. Classification $ 64.00
Project Manager II $ 64.00 $ 32.00 $ 64.00 $ 170.86 $ 202.86 $ 234.86 12/2/2024 12/31/2025 0.00% Project Manager II $ 65.92 $ 32.96 $ 65.92 $ 175.99 $ 208.95 $ 241.91 1/1/2026 12/31/2026 3.00% Non-exempt $ 67.90 $ 33.95 $ 67.90 $ 181.27 $ 215.22 $ 249.17 1/1/2027 12/31/2027 3.00% $ 69.94 $ 34.97 $ 69.94 $ 186.72 $ 221.69 $ 256.66 1/1/2028 12/31/2028 3.00% $ 72.04 $ 36.02 $ 72.04 $ 192.33 $ 228.35 $ 264.37 1/1/2029 12/31/2029 3.00% $ 74.20 $ 37.10 $ 74.20 $ 198.09 $ 235.19 $ 272.29 1/1/2030 4/30/2030 3.00%

65.02%
Hourly rates for new employees hired after the date of this Cost Proposal shall not exceed (and shall be in line with) the rates of the same classification listed on this Cost Proposal that have similar qualifications and experience.

Business Segment
or
Field Office Type
Actual Hourly
Rate
Effective Date of
Hourly Rate
Engineering
Engineering
% Escalation
Increase
Multiplier =
Engineering
Indirect Cost Rate (ICR) for Business Segment Providing Services Under Contract:

Name & Work Information
Consultant
Home Office
Premium OT
(Added to LHBR at ST for
LHBR at OT if applicable)
Straight & Overtime Loaded Hourly
Billing Rates
Contract Term:

Engineering
Fringe Benefit %
Loaded Hourly Billing Rates (LHBR) at Straight Time (ST) = Actual Hourly Rate x (1+ICR) x (1+Fee) + Actual Hourly Rate x FCCM

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
Cost Proposal Revision Date:

ICR Expiration Date:

Consultant Name:

Contract Number:

Tax ID Number:

LHBR at Overtime (OT) = LHBR at ST + Premium OT
Engineering
Engineering
Engineering
Engineering
Premium OT = 0.5 * Actual Hourly Rate for 1.5 OT or 1.0 * Actual Hourly Rate for double OT

Page 1 of 4 ends

76 page 1 of
Yamabe and Horn
Engineering, Inc.

NON-PREVAILING COST PROPOSAL
(Revision: September 2024) Attachment 2
94-2615149
4/7/2025
5 Years
Overhead % General
Administration %
Indirect Cost Rate
(ICR) %
+ 77.68% + 0.00% = 142.70%
Fee = 10.00%
FCCM = 0.000%

2.67 SOQ Submittal
Date = 1 2/2/2024

1.5x 2x Straight OT (1.5x) OT (2x) From To

65.02%
Hourly rates for new employees hired after the date of this Cost Proposal shall not exceed (and shall be in line with) the rates of the same classification listed on this Cost Proposal that have similar qualifications and experience.

Business Segment
or
Field Office Type
Actual Hourly
Rate
Effective Date of
Hourly Rate % Escalation
Increase
Multiplier =
Indirect Cost Rate (ICR) for Business Segment Providing Services Under Contract:

Name & Work Information
Consultant
Home Office
Premium OT
(Added to LHBR at ST for
LHBR at OT if applicable)
Straight & Overtime Loaded Hourly
Billing Rates
Contract Term:

Fringe Benefit %
Loaded Hourly Billing Rates (LHBR) at Straight Time (ST) = Actual Hourly Rate x (1+ICR) x (1+Fee) + Actual Hourly Rate x FCCM

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
Cost Proposal Revision Date:

ICR Expiration Date:

Consultant Name:

Contract Number:

Tax ID Number:

LHBR at Overtime (OT) = LHBR at ST + Premium OT
Premium OT = 0.5 * Actual Hourly Rate for 1.5 OT or 1.0 * Actual Hourly Rate for double OT Classification $ 55.00
Project Manager I $ 55.00 $ 27.50 $ 55.00 $ 146.83 $ 174.33 $ 201.83 12/2/2024 12/31/2025 0.00% Project Manager I $ 56.65 $ 28.33 $ 56.65 $ 151.24 $ 179.56 $ 207.89 1/1/2026 12/31/2026 3.00% Non-exempt $ 58.35 $ 29.18 $ 58.35 $ 155.78 $ 184.95 $ 214.13 1/1/2027 12/31/2027 3.00% $ 60.10 $ 30.05 $ 60.10 $ 160.45 $ 190.50 $ 220.55 1/1/2028 12/31/2028 3.00% $ 61.90 $ 30.95 $ 61.90 $ 165.25 $ 196.20 $ 227.15 1/1/2029 12/31/2029 3.00% $ 63.76 $ 31.88 $ 63.76 $ 170.22 $ 202.10 $ 233.98 1/1/2030 4/30/2030 3.00% Classification $ 52.00
Assistant Engineer III $ 52.00 $ 26.00 $ 52.00 $ 138.82 $ 164.82 $ 190.82 12/2/2024 12/31/2025 0.00% Assistant Engineer III $ 53.56 $ 26.78 $ 53.56 $ 142.99 $ 169.77 $ 196.55 1/1/2026 12/31/2026 3.00% Non-exempt $ 55.17 $ 27.59 $ 55.17 $ 147.29 $ 174.87 $ 202.46 1/1/2027 12/31/2027 3.00% $ 56.83 $ 28.42 $ 56.83 $ 151.72 $ 180.13 $ 208.55 1/1/2028 12/31/2028 3.00% $ 58.53 $ 29.27 $ 58.53 $ 156.26 $ 185.52 $ 214.79 1/1/2029 12/31/2029 3.00% $ 60.29 $ 30.15 $ 60.29 $ 160.96 $ 191.10 $ 221.25 1/1/2030 4/30/2030 3.00%

11. Classification $ 47.00
Assistant Engineer II $ 47.00 $ 23.50 $ 47.00 $ 125.48 $ 148.98 $ 172.48 12/2/2024 12/31/2025 0.00% Assistant Engineer II $ 48.41 $ 24.21 $ 48.41 $ 129.24 $ 153.45 $ 177.65 1/1/2026 12/31/2026 3.00% Non-exempt $ 49.86 $ 24.93 $ 49.86 $ 133.11 $ 158.04 $ 182.97 1/1/2027 12/31/2027 3.00% $ 51.36 $ 25.68 $ 51.36 $ 137.12 $ 162.80 $ 188.48 1/1/2028 12/31/2028 3.00% $ 52.90 $ 26.45 $ 52.90 $ 141.23 $ 167.68 $ 194.13 1/1/2029 12/31/2029 3.00% $ 54.49 $ 27.25 $ 54.49 $ 145.47 $ 172.72 $ 199.96 1/1/2030 4/30/2030 3.00%

12. Classification $ 40.00
Assistant Engineer I $ 40.00 $ 20.00 $ 40.00 $ 106.79 $ 126.79 $ 146.79 12/2/2024 12/31/2025 0.00% Assistant Engineer I $ 41.20 $ 20.60 $ 41.20 $ 109.99 $ 130.59 $ 151.19 1/1/2026 12/31/2026 3.00% Non-exempt $ 42.44 $ 21.22 $ 42.44 $ 113.30 $ 134.52 $ 155.74 1/1/2027 12/31/2027 3.00% $ 43.71 $ 21.86 $ 43.71 $ 116.69 $ 138.55 $ 160.40 1/1/2028 12/31/2028 3.00% $ 45.02 $ 22.51 $ 45.02 $ 120.19 $ 142.70 $ 165.21 1/1/2029 12/31/2029 3.00% $ 46.37 $ 23.19 $ 46.37 $ 123.79 $ 146.98 $ 170.16 1/1/2030 4/30/2030 3.00%

13. Classification $ 66.00
Land Surveyor II $ 66.00 $ 33.00 $ 66.00 $ 176.20 $ 209.20 $ 242.20 12/2/2024 12/31/2025 0.00% Land Surveyor II $ 67.98 $ 33.99 $ 67.98 $ 181.49 $ 215.48 $ 249.47 1/1/2026 12/31/2026 3.00% Non-exempt $ 70.02 $ 35.01 $ 70.02 $ 186.93 $ 221.94 $ 256.95 1/1/2027 12/31/2027 3.00% $ 72.12 $ 36.06 $ 72.12 $ 192.54 $ 228.60 $ 264.66 1/1/2028 12/31/2028 3.00% $ 74.28 $ 37.14 $ 74.28 $ 198.31 $ 235.45 $ 272.59 1/1/2029 12/31/2029 3.00% $ 76.51 $ 38.26 $ 76.51 $ 204.26 $ 242.51 $ 280.77 1/1/2030 4/30/2030 3.00%

14. Classification $ 59.75
Land Surveyor I $ 59.75 $ 29.88 $ 59.75 $ 159.51 $ 189.39 $ 219.26 12/2/2024 12/31/2025 0.00% Land Surveyor I $ 61.54 $ 30.77 $ 61.54 $ 164.29 $ 195.06 $ 225.83 1/1/2026 12/31/2026 3.00% Non-exempt $ 63.39 $ 31.70 $ 63.39 $ 169.23 $ 200.93 $ 232.62 1/1/2027 12/31/2027 3.00% $ 65.29 $ 32.65 $ 65.29 $ 174.30 $ 206.95 $ 239.59 1/1/2028 12/31/2028 3.00% $ 67.25 $ 33.63 $ 67.25 $ 179.54 $ 213.16 $ 246.79 1/1/2029 12/31/2029 3.00% $ 69.27 $ 34.64 $ 69.27 $ 184.93 $ 219.57 $ 254.20 1/1/2030 4/30/2030 3.00%

15. Classification $ 52.25
Assistant Surveyor II $ 52.25 $ 26.13 $ 52.25 $ 139.49 $ 165.62 $ 191.74 12/2/2024 12/31/2025 0.00% Assistant Surveyor II $ 53.82 $ 26.91 $ 53.82 $ 143.68 $ 170.59 $ 197.50 1/1/2026 12/31/2026 3.00% Non-exempt $ 55.43 $ 27.72 $ 55.43 $ 147.98 $ 175.70 $ 203.41 1/1/2027 12/31/2027 3.00% $ 57.09 $ 28.55 $ 57.09 $ 152.41 $ 180.96 $ 209.50 1/1/2028 12/31/2028 3.00% $ 58.80 $ 29.40 $ 58.80 $ 156.98 $ 186.38 $ 215.78 1/1/2029 12/31/2029 3.00% $ 60.56 $ 30.28 $ 60.56 $ 161.68 $ 191.96 $ 222.24 1/1/2030 4/30/2030 3.00%

16. Classification $ 44.00
Assistant Surveyor I $ 44.00 $ 22.00 $ 44.00 $ 117.47 $ 139.47 $ 161.47 12/2/2024 12/31/2025 0.00% Assistant Surveyor I $ 45.32 $ 22.66 $ 45.32 $ 120.99 $ 143.65 $ 166.31 1/1/2026 12/31/2026 3.00% Non-exempt $ 46.68 $ 23.34 $ 46.68 $ 124.62 $ 147.96 $ 171.30 1/1/2027 12/31/2027 3.00% $ 48.08 $ 24.04 $ 48.08 $ 128.36 $ 152.40 $ 176.44 1/1/2028 12/31/2028 3.00% $ 49.52 $ 24.76 $ 49.52 $ 132.20 $ 156.96 $ 181.72 1/1/2029 12/31/2029 3.00% $ 51.01 $ 25.51 $ 51.01 $ 136.18 $ 161.69 $ 187.19 1/1/2030 4/30/2030 3.00% Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering

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77 page 1 of
Yamabe and Horn
Engineering, Inc.

NON-PREVAILING COST PROPOSAL
(Revision: September 2024) Attachment 2
94-2615149
4/7/2025
5 Years
Overhead % General
Administration %
Indirect Cost Rate
(ICR) %
+ 77.68% + 0.00% = 142.70%
Fee = 10.00%
FCCM = 0.000%

2.67 SOQ Submittal
Date = 1 2/2/2024

1.5x 2x Straight OT (1.5x) OT (2x) From To

65.02%
Hourly rates for new employees hired after the date of this Cost Proposal shall not exceed (and shall be in line with) the rates of the same classification listed on this Cost Proposal that have similar qualifications and experience.

Business Segment
or
Field Office Type
Actual Hourly
Rate
Effective Date of
Hourly Rate % Escalation
Increase
Multiplier =
Indirect Cost Rate (ICR) for Business Segment Providing Services Under Contract:

Name & Work Information
Consultant
Home Office
Premium OT
(Added to LHBR at ST for
LHBR at OT if applicable)
Straight & Overtime Loaded Hourly
Billing Rates
Contract Term:

Fringe Benefit %
Loaded Hourly Billing Rates (LHBR) at Straight Time (ST) = Actual Hourly Rate x (1+ICR) x (1+Fee) + Actual Hourly Rate x FCCM

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
Cost Proposal Revision Date:

ICR Expiration Date:

Consultant Name:

Contract Number:

Tax ID Number:

LHBR at Overtime (OT) = LHBR at ST + Premium OT
Premium OT = 0.5 * Actual Hourly Rate for 1.5 OT or 1.0 * Actual Hourly Rate for double OT

17. Classification $ 60.00
GIS Manager $ 60.00 $ 30.00 $ 60.00 $ 160.18 $ 190.18 $ 220.18 12/2/2024 12/31/2025 0.00% GIS Manager $ 61.80 $ 30.90 $ 61.80 $ 164.99 $ 195.89 $ 226.79 1/1/2026 12/31/2026 3.00% Non-exempt $ 63.65 $ 31.83 $ 63.65 $ 169.93 $ 201.75 $ 233.58 1/1/2027 12/31/2027 3.00% $ 65.56 $ 32.78 $ 65.56 $ 175.03 $ 207.81 $ 240.59 1/1/2028 12/31/2028 3.00% $ 67.53 $ 33.77 $ 67.53 $ 180.28 $ 214.05 $ 247.81 1/1/2029 12/31/2029 3.00% $ 69.56 $ 34.78 $ 69.56 $ 185.70 $ 220.48 $ 255.26 1/1/2030 4/30/2030 3.00%

18. Classification $ 47.50
GIS Analyst $ 47.50 $ 23.75 $ 47.50 $ 126.81 $ 150.56 $ 174.31 12/2/2024 12/31/2025 0.00% GIS Analyst $ 48.93 $ 24.47 $ 48.93 $ 130.63 $ 155.09 $ 179.56 1/1/2026 12/31/2026 3.00% Non-exempt $ 50.40 $ 25.20 $ 50.40 $ 134.55 $ 159.75 $ 184.95 1/1/2027 12/31/2027 3.00% $ 51.91 $ 25.96 $ 51.91 $ 138.58 $ 164.54 $ 190.49 1/1/2028 12/31/2028 3.00% $ 53.47 $ 26.74 $ 53.47 $ 142.75 $ 169.48 $ 196.22 1/1/2029 12/31/2029 3.00% $ 55.07 $ 27.54 $ 55.07 $ 147.02 $ 174.56 $ 202.09 1/1/2030 4/30/2030 3.00%

19. Classification $ 40.00
GIS Technician $ 40.00 $ 20.00 $ 40.00 $ 106.79 $ 126.79 $ 146.79 12/2/2024 12/31/2025 0.00% GIS Technician $ 41.20 $ 20.60 $ 41.20 $ 109.99 $ 130.59 $ 151.19 1/1/2026 12/31/2026 3.00% Non-exempt $ 42.44 $ 21.22 $ 42.44 $ 113.30 $ 134.52 $ 155.74 1/1/2027 12/31/2027 3.00% $ 43.71 $ 21.86 $ 43.71 $ 116.69 $ 138.55 $ 160.40 1/1/2028 12/31/2028 3.00% $ 45.02 $ 22.51 $ 45.02 $ 120.19 $ 142.70 $ 165.21 1/1/2029 12/31/2029 3.00% $ 46.37 $ 23.19 $ 46.37 $ 123.79 $ 146.98 $ 170.16 1/1/2030 4/30/2030 3.00%

20. Sergio Alvarado* $ 72.15
Construction Manager II $ 72.15 NC NC $ 192.62 NC NC 12/2/2024 12/31/2025 0.00% Construction Manager II $ 74.31 NC NC $ 198.39 NC NC 1/1/2026 12/31/2026 3.00% Exempt Salary $ 76.54 NC NC $ 204.34 NC NC 1/1/2027 12/31/2027 3.00% $ 78.84 NC NC $ 210.48 NC NC 1/1/2028 12/31/2028 3.00% $ 81.21 NC NC $ 216.81 NC NC 1/1/2029 12/31/2029 3.00% $ 83.65 NC NC $ 223.32 NC NC 1/1/2030 4/30/2030 3.00%

21. Classification $ 60.00
Construction Manager I $ 60.00 $ 30.00 $ 60.00 $ 160.18 $ 190.18 $ 220.18 12/2/2024 12/31/2025 0.00% Construction Manager I $ 61.80 $ 30.90 $ 61.80 $ 164.99 $ 195.89 $ 226.79 1/1/2026 12/31/2026 3.00% Non-exempt $ 63.65 $ 31.83 $ 63.65 $ 169.93 $ 201.75 $ 233.58 1/1/2027 12/31/2027 3.00% $ 65.56 $ 32.78 $ 65.56 $ 175.03 $ 207.81 $ 240.59 1/1/2028 12/31/2028 3.00% $ 67.53 $ 33.77 $ 67.53 $ 180.28 $ 214.05 $ 247.81 1/1/2029 12/31/2029 3.00% $ 69.56 $ 34.78 $ 69.56 $ 185.70 $ 220.48 $ 255.26 1/1/2030 4/30/2030 3.00% Classification $ 43.25
Project Services Administrator $ 43.25 $ 21.63 $ 43.25 $ 115.46 $ 137.09 $ 158.71 12/2/2024 12/31/2025 0.00% Project Services Administrator $ 44.55 $ 22.28 $ 44.55 $ 118.94 $ 141.21 $ 163.49 1/1/2026 12/31/2026 3.00% Non-exempt $ 45.89 $ 22.95 $ 45.89 $ 122.51 $ 145.46 $ 168.40 1/1/2027 12/31/2027 3.00% $ 47.27 $ 23.64 $ 47.27 $ 126.20 $ 149.83 $ 173.47 1/1/2028 12/31/2028 3.00% $ 48.69 $ 24.35 $ 48.69 $ 129.99 $ 154.33 $ 178.68 1/1/2029 12/31/2029 3.00% $ 50.15 $ 25.08 $ 50.15 $ 133.89 $ 158.96 $ 184.04 1/1/2030 4/30/2030 3.00%

23. Classification $ 60.00
CAD Manager $ 60.00 $ 30.00 $ 60.00 $ 160.18 $ 190.18 $ 220.18 12/2/2024 12/31/2025 0.00% CAD Manager $ 61.80 $ 30.90 $ 61.80 $ 164.99 $ 195.89 $ 226.79 1/1/2026 12/31/2026 3.00% Non-exempt $ 63.65 $ 31.83 $ 63.65 $ 169.93 $ 201.75 $ 233.58 1/1/2027 12/31/2027 3.00% $ 65.56 $ 32.78 $ 65.56 $ 175.03 $ 207.81 $ 240.59 1/1/2028 12/31/2028 3.00% $ 67.53 $ 33.77 $ 67.53 $ 180.28 $ 214.05 $ 247.81 1/1/2029 12/31/2029 3.00% $ 69.56 $ 34.78 $ 69.56 $ 185.70 $ 220.48 $ 255.26 1/1/2030 4/30/2030 3.00% Classification $ 41.25
CAD Drafter II $ 41.25 $ 20.63 $ 41.25 $ 110.13 $ 130.75 $ 151.38 12/2/2024 12/31/2025 0.00% CAD Drafter II $ 42.49 $ 21.25 $ 42.49 $ 113.44 $ 134.68 $ 155.93 1/1/2026 12/31/2026 3.00% Non-exempt $ 43.76 $ 21.88 $ 43.76 $ 116.83 $ 138.71 $ 160.59 1/1/2027 12/31/2027 3.00% $ 45.07 $ 22.54 $ 45.07 $ 120.32 $ 142.86 $ 165.39 1/1/2028 12/31/2028 3.00% $ 46.42 $ 23.21 $ 46.42 $ 123.93 $ 147.14 $ 170.35 1/1/2029 12/31/2029 3.00% $ 47.81 $ 23.91 $ 47.81 $ 127.64 $ 151.54 $ 175.45 1/1/2030 4/30/2030 3.00% Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering

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78 page 1 of
Yamabe and Horn
Engineering, Inc.

NON-PREVAILING COST PROPOSAL
(Revision: September 2024) Attachment 2
94-2615149
4/7/2025
5 Years
Overhead % General
Administration %
Indirect Cost Rate
(ICR) %
+ 77.68% + 0.00% = 142.70%
Fee = 10.00%
FCCM = 0.000%

2.67 SOQ Submittal
Date = 1 2/2/2024

1.5x 2x Straight OT (1.5x) OT (2x) From To

65.02%
Hourly rates for new employees hired after the date of this Cost Proposal shall not exceed (and shall be in line with) the rates of the same classification listed on this Cost Proposal that have similar qualifications and experience.

Business Segment
or
Field Office Type
Actual Hourly
Rate
Effective Date of
Hourly Rate % Escalation
Increase
Multiplier =
Indirect Cost Rate (ICR) for Business Segment Providing Services Under Contract:

Name & Work Information
Consultant
Home Office
Premium OT
(Added to LHBR at ST for
LHBR at OT if applicable)
Straight & Overtime Loaded Hourly
Billing Rates
Contract Term:

Fringe Benefit %
Loaded Hourly Billing Rates (LHBR) at Straight Time (ST) = Actual Hourly Rate x (1+ICR) x (1+Fee) + Actual Hourly Rate x FCCM

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
Cost Proposal Revision Date:

ICR Expiration Date:

Consultant Name:

Contract Number:

Tax ID Number:

LHBR at Overtime (OT) = LHBR at ST + Premium OT
Premium OT = 0.5 * Actual Hourly Rate for 1.5 OT or 1.0 * Actual Hourly Rate for double OT

25. Classification $ 36.00
CAD Drafter I $ 36.00 $ 18.00 $ 36.00 $ 96.11 $ 114.11 $ 132.11 12/2/2024 12/31/2025 0.00% CAD Drafter I $ 37.08 $ 18.54 $ 37.08 $ 98.99 $ 117.53 $ 136.07 1/1/2026 12/31/2026 3.00% Non-exempt $ 38.19 $ 19.10 $ 38.19 $ 101.96 $ 121.05 $ 140.15 1/1/2027 12/31/2027 3.00% $ 39.34 $ 19.67 $ 39.34 $ 105.03 $ 124.70 $ 144.37 1/1/2028 12/31/2028 3.00% $ 40.52 $ 20.26 $ 40.52 $ 108.18 $ 128.44 $ 148.70 1/1/2029 12/31/2029 3.00% $ 41.74 $ 20.87 $ 41.74 $ 111.43 $ 132.30 $ 153.17 1/1/2030 4/30/2030 3.00%

26. Classification $ 32.00
Clerical $ 32.00 $ 16.00 $ 32.00 $ 85.43 $ 101.43 $ 117.43 12/2/2024 12/31/2025 0.00% Clerical $ 32.96 $ 16.48 $ 32.96 $ 87.99 $ 104.47 $ 120.95 1/1/2026 12/31/2026 3.00% Non-exempt $ 33.95 $ 16.98 $ 33.95 $ 90.64 $ 107.61 $ 124.59 1/1/2027 12/31/2027 3.00% $ 34.97 $ 17.49 $ 34.97 $ 93.36 $ 110.84 $ 128.33 1/1/2028 12/31/2028 3.00% $ 36.02 $ 18.01 $ 36.02 $ 96.16 $ 114.17 $ 132.18 1/1/2029 12/31/2029 3.00% $ 37.10 $ 18.55 $ 37.10 $ 99.05 $ 117.60 $ 136.15 1/1/2030 4/30/2030 3.00% Engineering
Engineering

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79

Page 1 of 1 ends

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ©
COST PROPOSAL Determination Number: NC-63-3-9-2024-1 Determination Number:

ON-CALL CONTRACT- OH & FEE ON DELTAS, WITH PREDETERMINED INCREASE - Issue Date: August 22, 2024 - Issue Date: Attachment 2 ADM 2033 (Rev. 9/4/24) - Effective Date: August 22, 2024 - Effective Date:
- Expiration Date : **June 30, 2025 - Expiration Date :
**No Planned Increased. Valid until superseded by DIR **Pre-determined increases planned on 03/01/26 & 03/01/27 Loaded Billing Rate Calculations: Home Office: Fringe Benefit % Overhead % General Administration % Non-Exempt Employee Loaded Billing Rates for Prevailing Wage (PW) : NORMAL 65.02% + 77.68% + 0.00% = 142.70% A) Straight Time (ST) Loaded Billing Rate = [Actual Hourly Rate * (1 + Field ICR) * (1 + Fee)] + [(ST Delta Base * Delta Base Multiplier) + (ST Delta Fringe * Delta Fringe Multiplier)] + [Actual Hourly Rate * FCCM] OVERTIME 65.02% + 77.68% + 0.00% = 142.70% Field Office / Project Specific: Fringe Benefit % Overhead % General Administration % NORMAL 65.02% + 77.68% + 0.00% = 142.70%
OVERTIME 65.02% + 77.68% + 0.00% = 142.70%
C) Straight Time (ST) Loaded Billing Rate = [Actual Hourly Rate * (1 + Field ICR) * (1 + Fee)] + [(ST Delta Base * Delta Base Multiplier) + (ST Delta Fringe * Delta Fringe Multiplier)]+ [Actual Hourly Rate * FCCM] D) Overtime (OT) Loaded Billing Rate = [Straight Time (ST) Loaded Billing Rate + Premium OT] Premium OT = [Greater of (DIR Hourly Rate for OT or Employee Hourly Rate for OT) - Greater of (DIR Hourly Rate for ST or Employee Hourly Rate for ST)] , applied when DIR Total for OT < Employee Total. Otherwise, Premium OT = [DIR Total for OT - Employee Total - Delta Total for ST] Exempt Employee Loaded Billing Rates- Not Compensated for OT: FEE = 10.00% E) Straight Time (ST) Loaded Billing Rate = [Actual Hourly Rate * (1 + Home ICR) * (1 + Fee)] + [Actual Hourly Rate * FCCM] F) No Overtime. See John Johnson, Non - Prevailing Wage example line 30. FCCM 0.00% (Included in LHBR) Exempt Employee Loaded Billing Rates- Compensated for OT @ ST Rate:

G) Straight Time (ST) Loaded Billing Rate = [Actual Hourly Rate * (1 + Home ICR) * (1 + Fee)] + [Actual Hourly Rate * FCCM] H) Overtime (OT) Loaded Billing Rate = ST Loaded Billing Rate. See Tom Thomas, Non - Prevailing Wage example line 46. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DIR Total =
Base + Fringe
Employee Total =
Base + Fringe 1.5x 2x SOQ
Submittal: 12/2/2024 As of RFQ Date
Straight
(Base)

1.5 OT
(COL.1 x 1.5)

2.0 OT
(COL.1 x 2.0)
Straight
(COL.1 + COL.4)
Straight
(Base)

1.5 OT
(Varies)
(COL.6 x 1.5 for

2.0 OT
(Varies)
(COL.6 x 2.0 for
Straight
(COL.6 + COL.9)
Straight
(COL.10 - COL.5)
Straight
(COL.11 when it is < 0)
Straight
(COL.6 - COL.1)
Straight
(COL.13 when it is < 0)
Straight
(COL.12 - COL.14)
Straight
(COL.1 or COL.6),
whichever is greater

1.5 OT
(Varies)
Greater of (COL.2 or

2.0 OT
(Varies)
Greater of (COL.3 or
(COL.17 - COL.16) (COL.18 - COL.16) Straight
(PW vs. Non-PW varies)
(COL.6 x Full Multiplier +
OT (1.5x)
(COL.21 + COL.19)
OT (2x)
(COL.21 + COL.20) From To 12/2/2024

1. Ray Martinez/Inspector Group 1** FIELD $60.77 $91.16 $121.54 $33.47 $94.24 $60.77 $91.16 $121.54 $13.96 $74.73 ($19.51) ($19.51) $0.00 $0.00 ($19.51) $60.77 $91.16 $121.54 $30.39 $60.77 $162.24 $192.62 $223.01 12/2/2024 6/30/2025 0.00% 60.77$ $60.77 Lead Inspector/Inspections Dept Manager Prevailing Wage $60.77 $91.16 $121.54 $33.47 $94.24 $62.59 $93.89 $125.19 $13.96 $76.55 ($17.69) ($17.69) $1.82 $0.00 ($17.69) $62.59 $93.89 $125.19 $31.30 $62.59 $167.10 $198.40 $229.70 7/1/2025 6/30/2026 3.00% 62.59$ Inspector III Work $60.77 $91.16 $121.54 $33.47 $94.24 $64.47 $96.71 $128.94 $13.96 $78.43 ($15.81) ($15.81) $3.70 $0.00 ($15.81) $64.47 $96.71 $128.94 $32.24 $64.47 $172.12 $204.35 $236.59 7/1/2026 6/30/2027 3.00% 64.47$ Non-Exempt Full Time $60.77 $91.16 $121.54 $33.47 $94.24 $66.41 $99.61 $132.81 $13.96 $80.37 ($13.87) ($13.87) $5.64 $0.00 ($13.87) $66.41 $99.61 $132.81 $33.20 $66.41 $177.28 $210.48 $243.69 7/1/2027 6/30/2028 3.00% 66.41$ 44 years $60.77 $91.16 $121.54 $33.47 $94.24 $68.40 $102.60 $136.79 $13.96 $82.36 ($11.88) ($11.88) $7.63 $0.00 ($11.88) $68.40 $102.60 $136.79 $34.20 $68.40 $182.60 $216.80 $251.00 7/1/2028 6/30/2029 3.00% 68.40$ 2a. Inspector Group 2** FIELD $58.77 $88.16 $117.54 $33.47 $92.24 $58.77 $88.16 $117.54 $13.19 $71.96 ($20.28) ($20.28) $0.00 $0.00 ($20.28) $58.77 $88.16 $117.54 $29.39 $58.77 $156.90 $186.28 $215.67 12/2/2024 6/30/2025 0.00% 58.77$ $58.77 Construction Inspector, Group 2 Prevailing Wage $58.77 $88.16 $117.54 $33.47 $92.24 $60.53 $90.80 $121.07 $13.19 $73.72 ($18.52) ($18.52) $1.76 $0.00 ($18.52) $60.53 $90.80 $121.07 $30.27 $60.53 $161.61 $191.87 $222.14 7/1/2025 6/30/2026 3.00% 60.53$ Inspector II Work $58.77 $88.16 $117.54 $33.47 $92.24 $62.35 $93.52 $124.70 $13.19 $75.54 ($16.70) ($16.70) $3.58 $0.00 ($16.70) $62.35 $93.52 $124.70 $31.17 $62.35 $166.45 $197.63 $228.80 7/1/2026 6/30/2027 3.00% 62.35$ Non-Exempt Full Time $58.77 $88.16 $117.54 $33.47 $92.24 $64.22 $96.33 $128.44 $13.19 $77.41 ($14.83) ($14.83) $5.45 $0.00 ($14.83) $64.22 $96.33 $128.44 $32.11 $64.22 $171.45 $203.56 $235.67 7/1/2027 6/30/2028 3.00% 64.22$ $58.77 $88.16 $117.54 $33.47 $92.24 $66.15 $99.22 $132.29 $13.19 $79.34 ($12.90) ($12.90) $7.38 $0.00 ($12.90) $66.15 $99.22 $132.29 $33.07 $66.15 $176.59 $209.66 $242.74 7/1/2028 6/30/2029 3.00% 66.15$ 2b. Inspector Group 3** FIELD $51.56 $77.34 $103.12 $33.47 $85.03 $51.56 $77.34 $103.12 $12.82 $64.38 ($20.65) ($20.65) $0.00 $0.00 ($20.65) $51.56 $77.34 $103.12 $25.78 $51.56 $137.65 $163.43 $189.21 12/2/2024 6/30/2025 0.00% 51.56$ $51.56 Construction Inspector, Group 3 Prevailing Wage $51.56 $77.34 $103.12 $33.47 $85.03 $53.11 $79.66 $106.21 $12.82 $65.93 ($19.10) ($19.10) $1.55 $0.00 ($19.10) $53.11 $79.66 $106.21 $26.55 $53.11 $141.78 $168.33 $194.89 7/1/2025 6/30/2026 3.00% 53.11$ Inspector I Work $51.56 $77.34 $103.12 $33.47 $85.03 $54.70 $82.05 $109.40 $12.82 $67.52 ($17.51) ($17.51) $3.14 $0.00 ($17.51) $54.70 $82.05 $109.40 $27.35 $54.70 $146.03 $173.38 $200.73 7/1/2026 6/30/2027 3.00% 54.70$ Non-Exempt Full Time $51.56 $77.34 $103.12 $33.47 $85.03 $56.34 $84.51 $112.68 $12.82 $69.16 ($15.87) ($15.87) $4.78 $0.00 ($15.87) $56.34 $84.51 $112.68 $28.17 $56.34 $150.41 $178.58 $206.75 7/1/2027 6/30/2028 3.00% 56.34$ $51.56 $77.34 $103.12 $33.47 $85.03 $58.03 $87.05 $116.06 $12.82 $70.85 ($14.18) ($14.18) $6.47 $0.00 ($14.18) $58.03 $87.05 $116.06 $29.02 $58.03 $154.93 $183.94 $212.96 7/1/2028 6/30/2029 3.00% 58.03$ 3a. Survey Party Chief** FIELD $62.05 $93.08 $124.10 $34.53 $96.58 $62.05 $93.08 $124.10 $15.22 $77.27 ($19.31) ($19.31) $0.00 $0.00 ($19.31) $62.05 $93.08 $124.10 $31.03 $62.05 $165.65 $196.68 $227.70 12/2/2024 6/30/2025 0.00% 62.05$ $62.05 Survey Party Chief Prevailing Wage $66.05 $99.08 $132.10 $34.53 $100.58 $66.05 $99.08 $132.10 $15.22 $81.27 ($19.31) ($19.31) $0.00 $0.00 ($19.31) $66.05 $99.08 $132.10 $33.03 $66.05 $176.34 $209.37 $242.39 7/1/2025 6/30/2026 6.45% 66.05$ Survey Party Chief Work $71.05 $106.58 $142.10 $34.53 $105.58 $71.05 $106.58 $142.10 $15.22 $86.27 ($19.31) ($19.31) $0.00 $0.00 ($19.31) $71.05 $106.58 $142.10 $35.53 $71.05 $189.69 $225.21 $260.74 7/1/2026 6/30/2027 7.57% 71.05$ Non-Exempt Full Time $71.05 $106.58 $142.10 $34.53 $105.58 $71.05 $106.58 $142.10 $15.22 $86.27 ($19.31) ($19.31) $0.00 $0.00 ($19.31) $71.05 $106.58 $142.10 $35.53 $71.05 $189.69 $225.21 $260.74 7/1/2027 6/30/2028 0.00% 71.05$ $71.05 $106.58 $142.10 $34.53 $105.58 $71.05 $106.58 $142.10 $15.22 $86.27 ($19.31) ($19.31) $0.00 $0.00 ($19.31) $71.05 $106.58 $142.10 $35.53 $71.05 $189.69 $225.21 $260.74 7/1/2028 6/30/2029 0.00% 71.05$ 3b. Survey Rodman** FIELD $52.85 $79.28 $105.70 $34.53 $87.38 $52.85 $79.28 $105.70 $11.00 $63.85 ($23.53) ($23.53) $0.00 $0.00 ($23.53) $52.85 $79.28 $105.70 $26.43 $52.85 $141.09 $167.52 $193.94 12/2/2024 6/30/2025 0.00% 52.85$ $52.85 Survey Rodman Prevailing Wage $55.85 $83.78 $111.70 $34.53 $90.38 $55.85 $83.78 $111.70 $11.00 $66.85 ($23.53) ($23.53) $0.00 $0.00 ($23.53) $55.85 $83.78 $111.70 $27.93 $55.85 $149.11 $177.03 $204.96 7/1/2025 6/30/2026 5.68% 55.85$ Survey Rodman Work $58.85 $88.28 $117.70 $34.53 $93.38 $58.85 $88.28 $117.70 $11.00 $69.85 ($23.53) ($23.53) $0.00 $0.00 ($23.53) $58.85 $88.28 $117.70 $29.43 $58.85 $157.11 $186.54 $215.97 7/1/2026 6/30/2027 5.37% 58.85$ Non-Exempt Full Time $58.85 $88.28 $117.70 $34.53 $93.38 $58.85 $88.28 $117.70 $11.00 $69.85 ($23.53) ($23.53) $0.00 $0.00 ($23.53) $58.85 $88.28 $117.70 $29.43 $58.85 $157.11 $186.54 $215.97 7/1/2027 6/30/2028 0.00% 58.85$ $58.85 $88.28 $117.70 $34.53 $93.38 $58.85 $88.28 $117.70 $11.00 $69.85 ($23.53) ($23.53) $0.00 $0.00 ($23.53) $58.85 $88.28 $117.70 $29.43 $58.85 $157.11 $186.54 $215.97 7/1/2028 6/30/2029 0.00% 58.85$ To add employee, select this row then click on "Add Employee" button Notes for Consultants:

A. The shaded areas from columns A to AD are the only areas to be completed by the Consultant. The numbers in other areas will automatically populate based on the data input by the Consultant in the shaded areas.

B. Use drop-down list to select employment status (Exempt Salary/Exempt Hourly/Non-Exempt), Prevailing Wage/Non-Prevailing Wage, Home/Field Rate, and enter Applicable Delta Multipliers.

C. Refer to the "Effective Date" tables in the refence areas when insert "Effective Date of Hourly Rate" in columns Z & AA.

D. To add an employee in the middle of this table, select top row of the entry (ie row 38 Tom Thomas), then click on "Insert Rows" button. To add an employee at the end of this table, select the instruction row at the bottom of this table, then click on "Add Employee" button.

E. To delete row(s), select row(s), then click on "Delete" button.

F. Hourly rates for new employees hired after the date of this Cost Proposal shall not exceed (and shall be in line with) the rates of the same classification listed on this Cost Proposal that have similar qualifications and experience.

The PW Deltas (Base & Fringe) above for Loaded Billing Rates, are applicable for services covered under DIR determinations. Includes Exempt employees who are normally not paid for OT worked, per company policy.

DELTA (BASE)
=
Employee Base -
DIR Base
Applicable
DELTA BASE =
Employee Base -
DIR Base
Applicable DELTA
FRINGE =

DELTA TOTAL -

DELTA BASE
(Employee - DIR)
Name & Work Information Home / Field / Project
Specific Personnel
Prevailing Wage Rate established by State DIR
(only applicable for prevailing wage work)
Employee Actual Rate
(fringe benefits vary year over year)
DIR Hourly Rate
Exempt Employee Loaded Billing Rates- Compensated for Prevailing Wage (PW) OT:

Consultant/Subconsultant Name: Yamabe and Horn Engineering Agreement Number:

Tax ID No.:

Date Prepared:
94-2615149
4/7/2025
Actual Hourly
Rate
B) Overtime (OT) Loaded Billing Rate = [Straight Time (ST) Loaded Billing Rate + Premium OT]

DELTA (TOTAL)
=
Employee Total -
DIR Total
Applicable
DELTA (TOTAL) =
Employee Total -
DIR Total
Applicable Delta Base Multiplier (Field) =
Applicable Delta Fringe Multiplier (Field) =
Escalated
Actual
Hourly Rate
Effective Date of
Hourly Rate
% Escalation
Increase
Applicable Hourly Rate =
Greater of DIR Hourly Rate or
Employee Hourly Rate
(PW OT for exempt employee may vary)Employee Hourly Rate Estimated Fringe
Fringe
Benefits
Straight and Overtime
Loaded Hourly Billing Rates
(LHBR)
Applicable
Premium OT
Premium OT = [Greater of (DIR Hourly Rate for OT or Employee Hourly Rate for OT) - Greater of (DIR Hourly Rate for ST or Employee Hourly Rate for ST)] ICR Expiration Date:

FRE 2025-1
2/22/2025
2/22/2025
**2/8/2026
Indirect Cost Rate (ICR) %
Indirect Cost Rate (ICR) %

80 ATTACHMENT 3

81 STATEMENT OF QUALIFICATIONS FOR

ON-CALL ARCHITECTURAL AND ENGINEERING SERVICES

FOR STATE AND FEDERALLY FUNDED TRANSPORATION PROJECTS
2024
Prepared for:

By:
82 ##

Yamabe & Horn Corporate Headquarters
Located just 15 minutes from the Sanger City Hall
2985 N. Burl Avenue, Suite 101
Fresno, CA 93727
O. (559) 244-3123
F. (559) 244-3120
(180)
Yamabe & Horn
Engineering, Inc.

City of Sanger
Fresno
(99)(41)
2 Yamabe & Horn Engineering has proudly partnered with the City of Sanger as City Engineer since 1990, contributing to nearly every public works and development project over the years. Our extensive experience with state and federally funded transportation projects has provided us with a deep understanding of the unique requirements and standards tied to these funding sources.

This expertise, combined with our close collaboration with city staff, council, and the community, has enabled us to align infrastructure projects with Sanger’s long-term vision and strategic goals.

As Sanger continues its impressive strides in advancing transportation and infrastructure initiatives, we remain committed to supporting the City with our on-call architectural and engineering expertise. Our team is dedicated to delivering high-quality, innovative solutions that enhance the community and meet the needs of its residents. We look forward to building on our longstanding partnership and contributing to Sanger’s bright future.

INTRODUCTORY LETTER 3
CONSULTANT INFORMATION 4
QUALIFICATIONS AND EXPERIENCE 7
ORGANIZATION AND APPROACH 12
PAST EXPERIENCE ON MUNICIPAL PROJECTS 32
CONFLICT OF INTEREST STATEMENT 41
CONTRACT AGREEMENT 42
FEDERAL-AID PROVISIONS 43

TABLE OF CONTENTS
83 INTRODUCTORY LETTER

November 19, 2024

Esperanza Rosales
City of Sanger Public Works Director
1700 7th Street
Sanger, CA 93657

RE: City of Sanger Request for Qualifications (RFQ) for On-call Architectural and Engineering Services for State and Federally Funded Transportation Projects

Dear Esperanza,

We are pleased to submit the enclosed Statement of Qualifications (SOQ) for the subject RFQ.

First of all, let me just say that we have been honored to serve the City of Sanger as City Engineer for the past 35 +/- years. We have enjoyed the teamwork with you and the rest of the City staff as well as the community, and have appreciated our role in the City’s past as well as its exciting present and future.

Our firm is in its 45
th year, and we believe the core of our success has been built on the development and sustainment of long-term clients with which we share a common vision and goals. In addition to our service to Sanger, we have been the City Engineer for the City of Kerman for 33 years and the City of Selma for the past 3 years, and in the meantime have also built lasting relationships with the cities of Clovis, Fresno, Madera, Orange Cove, Chowchilla, Soledad, various special districts, and private clients like Fowler Packing , Heritage Development and Lennar. Our approach is to provide quality, professional engineering services with a customer-focused approach and that is what we hope to be able to continue to provide to the City of Sanger moving forward.

We believe that we are well-qualified to continue to provide engineering services for state and federally- funded transportation projects for Sanger, just as we have in the past, with more detail being provided within this SOQ. We understand that the primary scope of services is perfectly in line with our experience and expertise, including, but not limited to:
o Project Management
o Environmental Consulting Services
o Surveying and Mapping
o Utility Coordination and Right of Way Consulting and Engineering o Civil Engineering Design Services and PS&E Preparation o Bid Phase Services
o Construction Management and Inspection Services
o Federal and State Funding Administration Services

We have no conflicts of interest to disclose with this proposal, but commit to do so if any should arise at any point during any term of contract. We received and acknowledge Addendum 1, dated 11/14/24. Our address, phone number and website address are provided below and my email is [email protected].

We have submitted within this SOQ our separate, sealed Cost Proposal. In accordance with the RFQ instructions, we have used the Caltrans Cost Proposal Forms, but per our discussion with the Caltrans A&E Office, we are using the most current Excel templates as of September 2024. Per the RFQ, our proposal terms shall remain in effect for ninety (90) days following submission. We look forward to discussing our proposal with you and continuing our service to the City of Sanger.

Sincerely,

Joshua Rogers, P.E.

Vice President of Municipal Services

3 84
With over 45 years of experience, Yamabe & Horn Engineering has developed a reputation for excellence in providing comprehensive civil engineering and surveying services. Our team has honed its processes through a wide range of successful projects, ensuring efficiency, quality, and attention to detail in every endeavor. We currently employ a skilled and diverse team of 55 professionals, including licensed civil engineers, licensed land surveyors, a certified ADA advisor, designers, CAD operators, GIS technicians, construction and project managers, public works inspectors, and survey crew members.

This multidisciplinary team enables us to address every phase of a project—from planning and design to construction management and inspection—ensuring seamless execution and compliance with all applicable standards. With decades of experience serving municipalities and public agencies, Yamabe & Horn is uniquely equipped to deliver innovative, cost-effective solutions for state and federally funded transportation projects.

CONSULTANT

INFORMATION
4 85
5 Yamabe & Horn Engineering was established in November 1979 by Ronald Yamabe and Gary Horn, bringing together Yamabe’s more than 10 years of municipal engineering expertise and Horn’s five years of private sector engineering experience. This complementary blend of skills laid the foundation for the firm’s enduring success, establishing a legacy of excellence in both public and private sector projects.

From the start, Yamabe & Horn has prioritized a client-centered approach, ensuring exceptional quality and customer service. This philosophy extends to how we structure our team and manage projects. Our principals are directly involved from project inception, setting clear parameters and controls while carefully selecting project managers to lead efforts. They remain closely engaged throughout, maintaining open communication with clients to ensure the project is executed and delivered to meet the established goals and expectations. This hands-on approach has been a cornerstone of our commitment to client satisfaction and project success.

FAMILY
Family is a priority for us, and we are
committed to maintaining a healthy balance
between work and family responsibilities.

We believe in treating our team members
and their families with the same respect
and care we would want for our own.

STEWARDSHIP
We work with real financial responsibility.

The fees we earn for our services are carefully
managed to support our employees, sustain
and grow our company, and deliver value to
our shareholders.

SERVICE
We are dedicated to delivering the highest
quality service to our clients, striving to
contribute to their success. Ultimately, our
work serves not just our clients but also the
communities where we operate.

TEAMWORK
By collaborating as a team, we develop
the best solutions for our clients. Each
of us takes responsibility for our actions
and remains accountable to our team for
delivering exceptional performance.

45 YEARS IN BUSINESS
56 TEAM MEMBERS
5,018

COMPLETED PROJECTS
86 CITY OF SANGER
Esperanza Rosales
Public Works Director
559-876-6300 x 1210
[email protected]

CITY OF KERMAN
John Jansons
City Manager
559-846-9387
[email protected]

CITY OF SELMA
Fernando Santillan
City Manager
559-891-2200
[email protected]

CITY OF DINUBA
Ismael Hernandez*
Public Works Director
559-661-5466
[email protected]
*Acting Public Works Director at
the time of service contract.

CITY OF CHOWCHILLA
Jason Rogers
Public Works Director
559-665-8615 x 300
[email protected]

REFERENCES

INFORMATION
Yamabe & Horn Engineering, Inc.
2986 N. Burl Ave., Suite 101
Fresno, CA 93727
Office: 559-244-3123

REPRESENTATIVE
Josh Rogers
Principal Engineer
Email: [email protected]
Phone: 559-244-3123

ORGANIZATION TYPE
Incorporated / Small Business

OWNERS / PRINCIPALS
David Horn
Brandon Broussard
Philip Romero
Josh Rogers

GENERAL INFORMATION

SURETY INFORMATION

GENERAL LIABILITY
Travelers Property Casualty Co. of
America
Policy # 680-0P101841

AUTO LIABILITY
Travelers Property Casualty Co. of
America
Policy # BA 8J359009

UMBRELLA LIABILITY
Travelers Property Casualty Co. of
America
Policy # CUP 0P103281

ERRORS AND OMISSIONS
Travelers Property Casualty Co. of
America
Policy # 105673752

WORKERS COMPENSATION
Insurance Company of the West
Policy # WSA 5062011
6 87
Yamabe & Horn Engineering has an extensive and proven history of delivering exceptional results under On-Call Engineering contracts. Our success is best demonstrated by our enduring partnerships with the cities of Sanger and Kerman, where we have served as City Engineer for a combined total of 68 years. These long-standing relationships underscore our dedication to quality service, diligent project management, and technical excellence.

Additionally, we have significant experience providing on-call engineering services to other municipalities, including the cities of Selma, Dinuba, and Chowchilla. These contracts, either ongoing or completed within the past three years, highlight our ability to deliver high-quality engineering services tailored to the needs of local agencies.

QUALIFICATIONS

AND EXPERIENCE
7 88
Y&H has extensive experience managing projects
funded through state and federal programs, such
as RSTP/STBG, CMAQ, HSIP, ATP, Clean CA, SSARP,
BPMP, and Section 130 Railroad grants. We also
have active projects funded under CRP and SS4A.

This expertise enables us to seamlessly navigate the
complex requirements of programs administered by
Caltrans Local Assistance.

All projects are managed in full compliance with the
Caltrans Local Assistance Procedures Manual (LAPM),
ensuring adherence to state and federal regulations.

Our team develops funding applications, prepares
Requests for Authorization (RFAs) for all project
phases, and ensures timely submittals and approvals.

Additionally, we work closely with MPOs like Fresno
COG to secure funding for our client agencies. Over
the years, Y&H has successfully delivered numerous
federally funded projects, as highlighted in this SOQ,
demonstrating our ability to efficiently manage and
deliver high-quality infrastructure improvements
while maintaining compliance with funding
requirements.

EXPERIENCE WITH STATE AND

FEDERALLY FUNDED PROJECTS

COMPREHENSIVE ON-CALL SERVICES
Y&H provides a full range of engineering and surveying services to support our clients throughout the entire project lifecycle. This turnkey approach ensures that each project meets the highest standards of quality and is delivered efficiently.
• Funding Procurement: We prepare scopes, budgets, schedules, and funding applications, addressing all requirements for periodic Calls for Projects. Upon award, we complete RFAs for all phases of the project, ensuring proper approvals.
• Environmental Compliance: We prepare Preliminary Environmental Studies (PESs) and secure NEPA and CEQA approvals through Caltrans and local lead agencies. • Surveying and Design: Our team performs topographic and boundary surveying, civil and transportation engineering design (e.g., roadway geometry, hydrology, drainage, and signage), and prepares project specifications and engineer’s estimates. • Right-of-Way Services: We handle property acquisition documentation and collaborate with subconsultants to manage appraisals, negotiations, and escrows. • Construction Engineering: Y&H provides Resident Engineer/Construction Manager services, daily construction inspections, staking, materials testing coordination, contract administration, progress payments, and final project closeout.
8 89

ONGOING AND COMPLETED AGENCY ON-CALL ENGINEERING CONTRACTS

CITY OF SANGER
Agency Contact Information
Esperanza Rosales
Public Works Director
1700 7th Street
Sanger, CA 93657
559-876-6300 x 1210
Contract Amount
No Set Contract Value
(Compensation on T&M)
Annual Value of Approximately
$1.75 million
Funding Source
Varies, including state and federal
transportation funds, local transpor-
tation funds, enterprise funds, devel-
opment impact fees, various grant
programs, etc.

Date of Contract
Initial Contract Execution – 1989
Most Recent Contract Execution –
April 2013
Date of Completion
Ongoing – No Contract End Date
Consultant Project Manager
and Contact Information
Josh Rogers, P.E.
2985 N. Burl Avenue, Suite 101
Fresno, CA 93727
559-244-3123 x 150

CITY OF KERMAN
Agency Contact Information
Jerry Jones
Community Development Director
850 S. Madera Avenue, Kerman, CA
93630
559-550-0829
Contract Amount
No Set Contract Value
(Compensation on T&M)
Annual Value of Approximately
$1.25 - $1.5 million
Funding Source
Varies, including state and federal
transportation funds, local transpor-
tation funds, enterprise funds, devel-
opment impact fees, various grant
programs, etc.

Date of Contract
Initial Contract Execution – 1991
Most Recent Contract Execution –
September 2022
Date of Completion
Ongoing – September 2027 Contract
End Date
Consultant Project Manager
and Contact Information
Jesus Gonzalez, P.E.
2985 N. Burl Avenue Suite 101
Fresno, CA 93727
559-244-3123 x 144
9 90
CONTINUED...

CITY OF SELMA
Agency Contact Information
Jerome Keene
Deputy City Manager
1710 Tucker Street
Selma, CA 93662
559-891-2200 x 2267
Contract Amount
No Set Contract Value
(Compensation on T&M)
Annual Value of Approximately
$1.75 million
Funding Source
Varies, including state and federal
transportation funds, local transpor-
tation funds, enterprise funds, devel-
opment impact fees, various grant
programs, etc.

Date of Contract
Initial Contract Execution – 2021
Most Recent Contract Execution –
July 2023
Date of Completion
Ongoing – July 2028 Contract End
Date
Consultant Project Manager
and Contact Information
David Horn, P.E., L.S.
2985 N. Burl Avenue Suite 101
Fresno, CA 93727
559-244-3123 x 134

CITY OF CHOWCHILLA
Agency Contact Information
Jason Rogers
Public Works Director
130 S. Second Street
Chowchilla, CA 93610
559-665-8615 x 300
Contract Amount
No Set Contract Value
(Compensation on T&M)
Annual Value of Approximately
$1.0 million
Funding Source
Varies, including state and federal
transportation funds, local transpor-
tation funds, enterprise funds, devel-
opment impact fees, various grant
programs, etc.

Date of Contract
July 2017
Date of Completion
March 2022
Consultant Project Manager
and Contact Information
Josh Rogers, P.E.
2985 N. Burl Avenue Suite 101
Fresno, CA 93727
559-244-3123 x 150
10 91
CONTINUED...

CITY OF DINUBA
Agency Contact Person Information
Ismael Hernandez
City of Madera
Public Works Operations Director
1030 S. Gateway Drive
Madera, CA 93637
559-661-5466
Agency Contact Information
City of Dinuba
405 E. El Monte Way
Dinuba, CA 93618
559-591-9000
Contract Amount
No Set Contract Value
(Compensation on T&M)
Annual Value of Approximately
$1.5 million
Funding Source
Varies, including state and federal
transportation funds, local transpor-
tation funds, enterprise funds, devel-
opment impact fees, various grant
programs, etc.

Date of Contract
June 2017
Date of Completion
June 2022
Consultant Project Manager
and Contact Information
Derek Lapsley, P.E.
2985 N. Burl Avenue Suite 101
Fresno, CA 93727
559-244-3123 x 149
11 92

ONGOING AND COMPLETED AGENCY CONTRACTS

CITY OF SANGER
Conact Person Information
Esperanza Rosales
Public Works Director
1700 7th Street
Sanger, CA 93657
559-876-6300 x 1210
Contract Amount
No Set Contract Value
(Compensation on T&M)
Annual Value of Approximately
$1.75 million
Funding Source
Varies, including state and federal
transportation funds, local transpor-
tation funds, enterprise funds, devel-
opment impact fees, various grant
programs, etc.

Date of Contract
Initial Contract Execution – 1989
Most Recent Contract Execution –
April 2013
Date of Completion
Ongoing – No Contract End Date
Consultant Project Manager
and Contact Information
Josh Rogers, P.E.
2985 N. Burl Avenue, Suite 101
Fresno, CA 93727
559-244-3123 x 150

CITY OF KERMAN
Contact Person Information
Jerry Jones
Community Development Director
850 S. Madera Avenue, Kerman, CA
93630
559-550-0829
Contract Amount
No Set Contract Value
(Compensation on T&M)
Annual Value of Approximately
$1.25 - $1.5 million
Funding Source
Varies, including state and federal
transportation funds, local transpor-
tation funds, enterprise funds, devel-
opment impact fees, various grant
programs, etc.

Date of Contract
Initial Contract Execution – 1991
Most Recent Contract Execution –
September 2022
Date of Completion
Ongoing – September 2027 Contract
End Date
Consultant Project Manager
and Contact Information
Jesus Gonzalez, P.E.
2985 N. Burl Avenue Suite 101
Fresno, CA 93727
559-244-3123 x 144

ORGANIZATION

AND APPROACH
At Yamabe & Horn Engineering, our team is structured to deliver seamless, efficient, and high- quality results for the City of Sanger. With decades of experience as the City Engineer since 1990, we have built a trusted partnership with the City, rooted in a deep understanding of its needs, priorities, and expectations. Our approach is driven by a commitment to proactive project management, clear communication, and rigorous quality control, ensuring that every project aligns with the City’s goals and community needs.

Led by Josh Rogers, PE, Contract and Project Manager, our team combines local expertise, technical precision, and strong partnerships with trusted subconsultants to address every aspect of transportation project delivery. With a dedicated focus on responsiveness, collaboration, and the efficient use of resources, we leverage advanced tools like Smartsheet and long-standing relationships with agencies such as Caltrans and Fresno COG to navigate challenges and deliver successful outcomes. From planning and design to construction and quality assurance, our organization and approach ensure that the City of Sanger’s objectives are achieved on time, within budget, and to the highest standards of quality. 12 93
We believe in a proactive and collaborative approach to project management, ensuring that all aspects of a project are seamlessly integrated and executed to achieve successful outcomes. Drawing on our extensive experience with projects of similar scale and complexity, we recognize the importance of sequencing and scheduling tasks to avoid delays and conflicts. This understanding forms the foundation of our project management strategy and ensures alignment with the City of Sanger's priorities and funding requirements.

Each project begins with a detailed scope and timeline to establish clear expectations and priorities. To manage and track every phase of the project, we utilize Smartsheet, an advanced project management platform tailored to state and federal-aid projects by our custom-developed project templates. This platform allows us to map out tasks and their interdependencies, assign responsibilities, and establish deadlines to ensure efficient progress. Smartsheet’s integrated features enable real-time tracking and documentation, fostering transparency and allowing us to address any potential bottlenecks proactively.

Josh Rogers, as Project Manager, will serve as the primary point of contact and will oversee all project phases, including planning, design, and construction management. His leadership is supported by discipline-specific team leads, who bring a wealth of expertise to their roles and ensure technical precision. By leveraging Smartsheet and our collective experience with federal and state funding requirements, we maintain compliance and adaptability at every stage.

Our approach emphasizes continuous communication with the City of Sanger through regular progress meetings, detailed reporting, and collaborative problem-solving. This ensures that the project stays on schedule, within budget, and aligned with the community’s needs.

PROJECT AND MANAGEMENT APPROACH
13 94
Our extensive history in the Central Valley and decades of experience with state and federally-funded projects have fostered strong, open channels of communication with key stakeholders, including various Caltrans departments, Fresno COG, and neighboring agencies. This collaborative experience allows us to navigate the inevitable hurdles that arise during complex projects, ensuring smoother processes and quicker resolutions. By leveraging these well-established relationships we are able to deliver successful projects more efficiently.

COMMUNICATION AND COLLABORATION
Our firm is headquartered in Fresno, CA, a short distance from the City of Sanger, enabling us to respond promptly to requests and attend on- site meetings as needed. Equipped with state-of-the-art design software, advanced surveying equipment, and collaborative tools, we ensure efficient project execution.

Our team’s flexible structure and proactive management approach allow us to adapt to fluctuating workloads, addressing routine inquiries and urgent matters with equal efficiency.

This flexibility ensures that projects are delivered on time and to the highest quality standards.

Our proven performance as City Engineer for the City of Sanger highlights our ability to meet deadlines and provide exceptional results. By leveraging our resources, proximity, and expertise, we are well-prepared to support the City of Sanger in achieving its transportation goals efficiently and effectively.

FACILITIES, RESOURCES, AND RESPONSIVENESS

QUALITY CONTROL AND ASSURANCE
Our approach to Quality Control and Quality Assurance is grounded in over three decades of service as the City Engineer for Sanger. This long-standing partnership has given us a deep familiarity with the community's needs, priorities, and expectations. Our local presence allows us to efficiently perform thorough pre-construction job walks and constructability reviews, incorporating feedback from the inspectors who will oversee construction. By addressing City and resident concerns early in the design process, we ensure these priorities are reflected in the contract documents, reducing the likelihood of contract change orders and minimizing potential delays.

All plans are routed through our dedicated QC/QA Manager, who ensures consistency, accuracy, and adherence to the highest standards of quality. This rigorous review process supports the successful execution of every project while maintaining alignment with the City’s goals.
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Key team members have been carefully chosen for their expertise, deep familiarity with the City of Sanger, and extensive experience in transportation projects similar to those anticipated under this contract. Led by Josh Rogers, PE, as both Contract and Project Manager, the team includes highly skilled professionals such as David Horn, PE, LS, CASP, as Lead Surveyor; Sergio Alvarado as Construction Manager; and Ray Martinez, Jr., as Inspections Department Manager. Each team member brings unique qualifications, a proven track record of success, and a commitment to the City’s objectives. All key personnel are dedicated to remaining with the project for the contract duration, ensuring consistency and alignment with Sanger’s goals.

Subconsultants will be incorporated as needed to provide specialized services tailored to individual project tasks. Their performance will be determined by project scope, DBE participation requirements, and availability, with any proposed subconsultants approved in writing by the City prior to work. Anticipated services and DBE-certified subconsultants responding to this contract are listed in the Federal Aid Provisions section. Together, this well- integrated team is positioned to deliver efficient and effective results that align with the City’s vision and expectations.

INSPECTIONS
DEPT. MANAGER
Ray Martinez, Jr.
10 Years w/Y&H

CONTRACT & PROJECT MANAGER
Josh Rogers, PE
17 Years w/Y&H

ASSISTANT ENGINEER
Andrew Vongphachanh, EIT
11 Years w/Y&H
Aaron Martinez, EIT
2 Years w/Y&H

PROJECT SERVICES

ADMINISTRATOR
Danelle Snyder
1 Year w/Y&H

CASP & LAND

SURVEYOR
David Horn, PE, LS
22 Years w/Y&H
Subconsultants

YOUR TEAM

CONSTRUCTION

MANAGER
Sergio Alvarado
4 Years w/Y&H

CIVIL ENGINEER
Craig Morishita, PE
31 Years w/Y&H
Survey Department
Staff
Engineering & CAD
Staff
Inspections Depart-
ment Staff
CM Department
Staff
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PROFESSIONAL

EDUCATION &

REGISTRATION

SELECT PROJECT EXPERIENCE

ACADEMY AVENUE WIDENING AND OVERLAY PROJECT
Sanger, CA
Served as City and Project Engineer for this project which widened a major arterial roadway to its ultimate configuration for one segment and rehabilitated the existing roadway for another. Due to the roadway widening component, the project required acquisition of right-of-way from 14 different property owners and extensive environmental review. The right-of-way acquisition component included the relocation of multiple businesses and residents and extensive coordination with the property owners. Two separate phases of site clearing and demolition construction contracts were developed and managed by Y&H, as well as the coordination of franchise utility relocations of electric, gas, and telephone facilities, prior to completing the right-of-way certification process and proceeding to project construction. The total project budget was $5.15 million.

VETERANS MEMORIAL PLAZA PROJECT
Sanger, CA
Served as City and Project Engineer for Phase 1 of Veterans Memorial Plaza, which included installation of landscape and irrigation improvements, asphalt parking lot, parking lot lighting, construction of concrete sidewalks and patio, and installation of playground equipment and drinking fountain. Phase 1 also Josh is a Principal Engineer with over 24 years of experience. He is the Vice President of Municipal Services with Yamabe and Horn and has served as the City Engineer for the City of Sanger since 2012. He is responsible for all facets of engineering planning, design, construction management and inspection for public infrastructure within the City. He oversees professional design engineers, land surveyors, project managers, GIS specialists, and other engineering division staff on the design and construction of public capital improvement projects and the oversight and review of private development projects within the City. He works daily with City staff from the Public Works and Community Development Divisions to ensure that infrastructure is being planned and implemented in accordance with the City standards, ordinances and planning documents.

His design experience includes grading and drainage, transportation and traffic engineering, storm and sanitary sewer design, domestic and irrigation water distribution, pavement rehabilitation, hydrology and hydraulic studies. Contract administration duties include coordination with funding agencies, development of funding applications, preparation of status reports and disbursement requests, and interaction with contractors for review and approval of progress payment reports, labor compliance requirements, etc.

JOSH ROGERS
B.S. Civil Engineering, 2000
California State University, Fresno
Registered Civil Engineer
California RCE 66898 (2004)
• American Society of Civil Engineers
(ASCE)

PROFESSIONAL

ORGANIZATIONS

CONTRACT & PROJECT MANAGER
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PROFESSIONAL

EXPERIENCE

SELECT PROJECT EXPERIENCE
included the purchase and installation of a pre-fabricated restroom building and park furnishings (benches, tables, barbeques, trash receptacles) and installation of underground infrastructure for future Phase 2 improvements. Y&H prepared all design and bidding documents and performed construction management and full-time construction inspection services under Josh’s direction.

ATP CYCLE 2 SAFE ROUTES TO SCHOOL PROJECT
Sanger, CA
As City and Project Engineer, prepared an ATP Cycle 2 funding application to secure financing and oversee engineering design and construction management for a project developed with Sanger Unified School District. This included a citywide review of school-zone pedestrian safety in Sanger. After auditing pavement markings and signage at all school zones, improvements were planned to bring sites into MUTCD compliance by removing excessive uncontrolled crosswalks and consolidating them into upgraded, safer areas. The project included sidewalk construction to close gaps in pedestrian routes, school zone flashing beacons on Bethel Avenue, and pedestrian crossing signs near schools, totaling just over $1 million.

GREENWOOD AVENUE RECONSTRUCTION PROJECT
Sanger, CA
Served as City and Project Engineer for RSTP-funded roadway reconstruction project between North and Jensen Avenues. The 1-mile project included PS&E preparation, acquisition of right-of-way from 9 properties, and construction management and inspection responsibilities. The project scope included rehabilitating the existing pavement section, construction of new ADA-compliant curb ramps and other pedestrian improvements, installation of storm drain and streetlight improvements, new traffic signal loops, and other associated roadway facilities. Total project budget was approximately $1.5 million.

GRUNDFOS WATER CONSERVATION AND RECOVERY PROJECT
Fresno, CA
As Project Civil Engineer, was lead designer on a project to drastically reduce the demand for outdoor potable water use at the Grundfos Pumps manufacturing facility in Fresno, CA. Project design included a storm water recovery system with three pump stations, conveyance pipelines, HDPE-lined storage pond, and combination inflow structure which routed the captured storm water runoff as well as non-potable water from a nearby irrigation district pipeline into the storage pond. Design was coordinated with a complete overhaul of the 27-acre landscape and irrigation system to pump and filter water from the storage pond into the new drought-tolerant irrigation system and landscape. The $1.5 million project was awarded the ASCE small project of the year.

Yamabe & Horn Engineering, Inc.

Vice President of Municipal Services
2015 – Present
Yamabe & Horn Engineering, Inc.

Sanger City Engineer
2012 – Present
Yamabe & Horn Engineering, Inc.

Project Engineer/Project Manager
2007-2012
Quad Knopf, Inc.

Project Engineer/Project Manager
2004 – 2007
CA Dept of Transportation
Project Engineer
2000 – 2004
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PROFESSIONAL

EDUCATION &

REGISTRATION

SELECT PROJECT EXPERIENCE

SOUTHEAST SURFACE WATER TREATMENT FACILITY

CAROLLO ENGINEERS
Fresno, CA
Principal-in-charge and Project Manager for the surveying and offsite street improvement plans for the 59-acre development of a $180 million surface water treatment facility. Duties included coordination with the City Project Manager, Lead Project Engineer, and local jurisdictions requiring off-site improvements. Surveying included boundary resolutions, topographic surveys, control for aerial photogrammetry, and existing utility surveys. Under David’s direction, Y&H staff designers and technicians prepared plan and profile street and utility designs for domestic utilities and large-diameter transmission pipelines that served the treatment facility. As Project Surveyor, his duties included overseeing the topographic and right of way determination for the 12-mile transmission pipeline to the plant.

As Principal-in-charge for specific projects, David is responsible for all phases of engineering design and land surveying for land development projects. He oversees the preparation of grading and drainage, sewer, water, storm drain, and street improvement plans and specifications for residential, commercial and education projects. David is also responsible for the preparation of subdivision maps, ALTA/ACSM survey and parcel maps and lot line adjustments. Under his direction, staff processes Record of Surveys and Corner Records through County municipalities.

David oversees multiple survey crews on a daily basis. He performs survey calculations, earthwork calculations and prepares legal descriptions for land title resolutions. He supervises office engineers, surveyors, designers, draftsmen and survey crews. He has experience representing clients before public governing bodies and processing design plans with public agency staff.

David is also a California Certified Access Specialist (CASp) and provides local municipalities, business owners and property owner’s guidance with Accessibility Compliance. Services include field investigations, California SB1608 Reports and Certifications, plan checking, self-evaluations and Title II Transition Plans.

David has served as an expert witness in the fields of civil engineering, land surveying, and accessibility compliance with the Americans with Disabilities Act. His duties in this capacity have included reviewing the scope of opinion needed, overseeing technical staff to prepare calculations, exhibits, or reports to support his opinion, meetings with counsel, depositions with opposing counsel, and expert testimony in arbitration and jury trials.

CASP & LAND SURVEYOR

DAVID HORN
B.S. Civil Engineering, 1999
California State University, Fresno
Registered Civil Engineer
California RCE 63679 (2002)
Arizona CE 73091 (2021)
Idaho CE 20562 (2021)
Registered Land Surveyor
California PLS 8204 (2006)
Arizona PLS 74214 (2021)
Idaho PLS 20889 (2022)
Certified Access Specialist
California CASp-372 (2011)
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Yamabe & Horn Engineering, Inc.

Principal/Project Engineer
2002 – Present
Provost & Pritchard Consulting Group
Assistant Engineer/Civil Engineer
1998 – 2002
Krazan & Associates
Student Intern
1996 – 1998

PROFESSIONAL

EXPERIENCE

SELECT PROJECT EXPERIENCE

PROFESSIONAL

ORGANIZATIONS
• American Society of Civil
Engineers (ASCE) 2016 Branch
President
• California Land Surveyors
Association (CLSA)
• California Access Specialist
California CBPELSG 63679

CERTIFIED ACCESS SPECIALIST (CASP) SERVICES
California (2011-2018)
Principal-in-charge Specialist responsible for field inspections, accessibility assessments, CASp Reports for legal use and providing recommendations to remove architectural barriers to accessibility. Select inspections and reports include: City of Orange Cove City Hall Self-Evaluation, Downtown Restaurant Self-Evaluation and CASp Report (Fresno), Review of Tulare County Workforce Investment Board Leased Facility (Visalia), GB3 Parking Lot Expansion ADA Review (Clovis).

PARCEL MAP 2004 - 36 FANCHER CREEK INDUSTRIAL PARK
Fresno, CA 2004-2009
As Project Land Surveyor, title research right of way determination, boundary and topographic surveys were prepared for a 221 acre Tentative and Final Parcel Map.

Surveys were provided to Project Civil Engineer for preparation of street and site improvement plans. Parcel Map required research and coordination with Fresno County, City of Fresno, and Caltrans. A Record of Survey was prepared with references to California State Plane Coordinates by Geodetic survey and post-processing data.

TRACT 5239
Auberry, CA 2006-2009
As the project Civil Engineer and Land Surveyor provided day to day oversight for preparation of Tract Map and Improvement Plans for 170-acre subdivision in foothill terrain. Survey portion of work included the research and field work for government section corners. Aerial Photomapping control was provided with Geodetic post- processing to use California State Plane coordinates. Tentative and Final Tract Maps were prepared and reviewed by County staff. Right of way monuments were located for Auberry Road to determine the right of way.

PINE MOUNTAIN FIRE STATION
Kern County, CA
As Project Manager and Principal-in-charge of a new Kern County Fire Station 15 miles west of Lebec in mountainous area, David provided hydrology calculations and engineering design. Design of facilities to handle large storm events from steep terrain involved the use of aluminum arched culverts to allow storm flows and access for fire trucks.

KETTLEMAN CITY DEVELOPMENT TRAFFIC IMPACT STUDY
Kettleman City, CA
As Principal-in-charge, services were provided for a potential developer to prepare a Traffic Impact Study for review and approval by Caltrans. An in-house Traffic Engineer provided direct communication with Caltrans staff and coordinated requirements by Kings County to gain approval of mitigation requirements for the new development.

PROFESSIONAL

EDUCATION &

REGISTRATION
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CIVIL ENGINEER

CRAIG MORISHITA

PROFESSIONAL

EDUCATION &

REGISTRATION
Craig has provided civil engineering design and construction management services over the past 40 years, with nearly 30 of those years with Yamabe & Horn Engineering, Inc. While coordinating with other design professionals, Craig integrates specialty designs and specifications into project documents and conducts map and improvement plan checking for public agencies, including the City of Madera.

Craig is well experienced in preparing grading and drainage, sewer, water, storm drain, and street improvement plans and specifications for municipal projects. He also designs water well, pump, motor and GAC filtrations systems for municipal water pumping plants and prepares construction cost estimates and reviews material and equipment submittals for construction projects.

SELECT PROJECT EXPERIENCE

JENSEN AVENUE REHABILITATION
Sanger, CA
Craig served as Project Engineer in charge of a federally funded $1 million street rehabilitation project, including grind and overlay, ADA route improvements, and traffic delineation. Duties included oversight of plans, specifications and estimate preparation, coordination with local utilities, Right-of-Way acquisition services and Caltrans interface, as well as STPL contract administration.

B.S. Civil Engineering, 1973
California State University, Fresno
Registered Civil Engineer
California RCE 26313

PROFESSIONAL

EXPERIENCE
Yamabe & Horn Engineering, Inc.

Project Engineer
1993 – Present

City of Clovis
Project Engineer
1978 – 1993
BETHEL AVENUE RECONSTRUCTION – JENNI TO 9TH
Sanger, CA
Craig oversaw preparation of plans, specifications and estimates for this $1.2 million reconstruction and street overlay project. His responsibilities also included RSTP contract administration.

CDBG ALLEY SEWER REPLACEMENT
Sanger, CA
As Project Engineer for this $400,000 project to reconstruct sewer and water facilities in alleyways throughout the City, Craig was responsible for project design and oversight of plan, specification and estimate preparation, as well as CDBG contract administration.
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SELECT PROJECT EXPERIENCE

CONSULTANT PLAN CHECKER FOR THE CITY OF MADERA
Madera, CA
Craig has served under contracted on-call consultant for the City of Madera, Gary Horn, providing plan check services for the City’s Engineering Department for a variety of projects.

Plan check projects include:
• Madera Elementary School
• Varbella Estates Subdivision Phases I & II
• Crown Subdivision Phases I & II
• Sugar Pine Village
• Pecan Square Subdivision
• Pecan Square Sewer Main Survey
• Vineyard Estates Subdivision
• Pecan Avenue Sewer Trunk Line
• Sienna Estates Phase II
SANGER WELL NO. 25
Sanger, CA
Serving as Project Engineer for this $1.3 million well project that included GAC facilities in a growth area for the City of Sanger, Craig’s involvement spanned all phases from test hole, drilling and development of well, to the pump and motor installation.

CDBG FIFTH STREET RECONSTRUCTION
Sanger, CA
As Project Engineer for this $460,000 street and storm drain reconstruction project in Fresno County, Craig was responsible for project design and oversight of plan, specification and estimate preparation and administration of the project.

CDBG MORTON STREET RECONSTRUCTION
Sanger, CA
Craig was Project Engineer for this $100,000 street reconstruction in Fresno County, overseeing design and oversight of plan, specification and estimate preparation and administration of the project.

FIFTH STREET SEWER REPLACEMENT
Sanger, CA
Craig’s responsibilities for this project included plan, specification and estimate preparation, bid assistance services and oversight of construction inspection. 21 102

PROFESSIONAL

EDUCATION &

REGISTRATION

SELECT PROJECT EXPERIENCE
2021 SANGER STREET SEALING PROJECT
Sanger, CA
Andrew Vongphachanh played a key role in the delivery of a $460,000 locally funded pavement maintenance project for the City of Sanger, completed in November 2021. The project extended the life of local roads by 10 to 15 years through Type II slurry sealing on 66,604 square yards of roadway and rubberized asphalt cape sealing on 18,135 square yards. Preparatory work included crack sealing, asphalt skin patching, and dig-out replacements. Andrew updated and utilized the City’s Pavement Management System through StreetSaver software to identify candidate roads, performed site visits and surveys to verify road conditions and ensure budget alignment, and coordinated construction plan exhibits with the in-house GIS department. He prepared project bid documents and specifications and provided engineering support to construction management, including material and traffic control submittal reviews and responses to RFIs.

Andrew Vongphachanh brings extensive experience in the development of on-site and off-site plans for commercial, industrial, and multi-family projects, including grading, utility, striping, and traffic signal plans.

His expertise extends to municipal engineering, where he supports city projects under the direction of City Engineers for Sanger and Selma.

In his current role, Andrew manages a broad range of responsibilities, including preparing grant applications for funding through programs such as CMAQ, STBG, HSIP , and ATP , one of which secured funding for a key municipal project. He coordinates with the in-house Survey Department for boundary and topographic surveying, private utility owners for facility adjustments, and local railroad agencies for permitting and compliance near railroad rights of way. Andrew designs and prepares construction plans, including street grading, signage and striping, erosion control, bid documents, and project specifications. He also handles the submission of required federal documents to Caltrans, including right-of-way certifications and funding authorization requests for various project stages.

Additionally, Andrew provides engineering support to construction management, reviewing material and traffic control submittals and responding to RFIs to ensure successful project execution. His ability to seamlessly manage design, coordination, and compliance processes demonstrates his commitment to delivering high-quality municipal engineering solutions.

ANDREW VONGPHACHANH
B.S. Civil Engineering, 2013
California State University, Fresno
Civil Engineer in Training, 2013
California EIT 149802

ASSISTANT ENGINEER
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SELECT PROJECT EXPERIENCE

NORTH AVENUE RECONSTRUCTION
Sanger, CA
The $832,000 North Avenue Reconstruction Project in Sanger, California, a Federally funded STBG initiative with local match funds, was completed in March 2023. The project rehabilitated a 62-foot-wide collector road and truck route, extending its lifespan by 20-25 years with full-depth pavement reconstruction. A road diet added two lanes, a two-way left-turn lane, Class II bike lanes, and on-street parking, improving safety and functionality. Sidewalks, curbs, gutters, and accessible ramps enhanced pedestrian connectivity, benefiting residents near Sanger Crossing apartments and John F.

Kennedy Park. Under the City Engineer’s direction, Andrew Vongphachanh secured funding, coordinated mapping, and addressed permits and utility adjustments. He designed plans, prepared bid documents, submitted federal paperwork, and supported construction management by reviewing submittals and responding to RFIs, ensuring the project’s success.

BETHEL AVENUE WIDENING AND OVERLAY PROJECT
Sanger, CA
The $1,470,000 Bethel Avenue Widening and Overlay Project in Sanger, California, a Federally funded STBG initiative with local match funds, was completed in March 2021.

The project rehabilitated the heavily trafficked 80-foot-wide arterial roadway with a 2-inch pavement grind, dig-out and repair of failed areas, crack filling, and a 2.5-inch HMA overlay. Improvements included ADA-compliant curb ramps, roadway widening to achieve a four-lane configuration, Class II bike lanes, and over 2,430 linear feet of RGRCP storm drain installation. Andrew Vongphachanh coordinated mapping efforts with the in-house Survey Department, supported right-of-way acquisitions, and worked with utility providers for relocations and grade adjustments. He designed construction plans, prepared bid documents, and submitted federal documents to Caltrans. Andrew also provided construction management support, ensuring the project was successfully completed.

ATP CYCLE 3 - SANGER ACCESSIBILITY IMPROVEMENTS
Sanger, CA
The $750,000 ATP Cycle 3 Sanger Accessibility Improvements Project, completed in April 2021, enhanced pedestrian infrastructure in downtown Sanger and along the busy Jensen Avenue corridor to promote active transportation. Funded by the State Active Transportation Program (ATP) with local match funds, the project included reconstructing 9,000 square feet of sidewalks, upgrading over 80 ADA-compliant curb ramps, and installing or modifying 30 audible pedestrian signal push buttons.

Key improvements focused on areas such as Jensen Avenue, 7th Street, and Academy Avenue intersections. Andrew Vongphachanh supported the project by coordinating surveys, ensuring APS compliance with City of Fresno standards, and addressing utility relocations. He designed construction plans, prepared bid documents, and submitted required documents to Caltrans and the CTC. Andrew also conducted pre- and post- project pedestrian and bicyclist traffic counts and provided construction management support, ensuring successful delivery.

PROFESSIONAL

EXPERIENCE
Yamabe & Horn Engineering, Inc
Project Manager 1
2022 - Present
Yamabe & Horn Engineering, Inc
Assistant Engineer
2013-2022
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PROFESSIONAL

EDUCATION &

REGISTRATION

SELECT PROJECT EXPERIENCE

BICYCLIST & PEDESTRIAN SAFETY IMPROVEMENT PROJECT
Huron, CA
As the primary designer for a $1.2 million project in Huron, California, Aaron Martinez developed plans, specifications, and estimates for nearly three miles of roadway improvements. The project included pedestrian and bicycle enhancements across three one-mile segments along Lassen Avenue, M Street, and Palmer Avenue. Key upgrades included ADA-compliant ramps, rectangular rapid flashing beacons (RRFBs), and Class II, III, and IV bike lanes through restriping. The Lassen Avenue portion required extensive coordination within the state right-of-way, which Aaron successfully navigated.

Additional improvements included reconstructing ADA ramps and installing crosswalks and mid-block crosswalks with RRFBs at five locations, enhancing accessibility and safety for the community.

CESAR CHAVEZ PARK LIGHTING PROJECT
Sanger, CA
The Cesar Chavez Park improvement project in Sanger, California, aimed to enhance community access and usability by installing park lighting for local sports and outdoor activities, such as soccer. Aaron Martinez coordinated with subconsultants and prepared project specifications to ensure the successful completion of the improvements. Funded through the Community Development Block Grant (CDBG) program, he effectively navigated the program’s requirements to keep the project on track. The estimated construction cost for the enhancements was approximately $400,000.

Aaron Martinez serves as the primary designer for a wide range of infrastructure projects, bringing expertise in storm drain, water, and sewer improvements, traffic signals, street lighting, roundabouts, roadway geometrics, and traffic striping. His experience also includes roadway rehabilitation projects such as overlays, pavement reconstruction, and slurry seals. In addition to design work, Aaron provides construction support when needed, including reviewing submittals, analyzing traffic handling plans, and coordinating with contractors to address issues during construction.

Currently, Aaron is responsible for designing, reviewing, and managing projects for municipalities including Sanger, Selma, Huron, and Madera. He has extensive experience navigating projects with diverse funding sources, such as Federal, State, and Local funds, including CDBG, STBG, and CML programs. His responsibilities include preparing comprehensive construction documents—plans, specifications, and estimates—ensuring projects meet funding requirements and are delivered successfully.

AARON MARTINEZ
Bachelors of Science, 2015
California State University, Fresno
Civil Engineer in Training, 2015
California EIT, 167212
Reedley College
2010-2012

ASSISTANT ENGINEER

PROFESSIONAL

EXPERIENCE
Yamabe & Horn Engineering, Inc
Assistant Engineer
2022 - Present
Peters Engineering Group
2016 - 2022
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SELECT PROJECT EXPERIENCE

STILLMAN AND HIGH STREET ROAD IMPROVEMENT
Selma, CA
For a $500,000 locally funded project in Selma, California, Aaron Martinez prepared plans, specifications, and estimates for the full reconstruction of Stillman Street and High Street, covering nearly half a mile. The work included reconstructing Stillman Street from Chandler Street to McCall Avenue and High Street from Stillman Street to Wright Street, along with upgrades to ADA-compliant ramps, traffic striping, and roadway signage. Aaron also took on the responsibility of reviewing construction submittals, ensuring the project met design standards and was executed successfully.

CHERRY AVENUE, LYNDALE AVENUE AND BASH ALLEY IM -

PROVEMENTS
Tulare, CA
Aaron Martinez prepared plans, specifications, and estimates for a $6.8 million roadway and alley improvement project in Tulare, California. The project spanned approximately 1.75 miles, including 1.25 miles of roadway reconstruction and 0.5 miles of alley upgrades. Work involved full reconstruction using cement-treated full-depth reclamation, along with traffic striping, storm drain, water, and sewer system improvements. All ramps and alley approaches were reconstructed to meet ADA standards, and the project included modifications to two traffic signals, one of which was located in Caltrans right-of-way.

WALMART SUPERCENTER
Ceres, CA
Aaron Martinez was responsible for designing off-site improvements for a new Walmart Supercenter at the northwest corner of Mitchell Road and Service Road in Ceres, California.

His primary tasks included preparing construction plans and estimates for five traffic signals and nearly ¾ mile of traffic striping and signage across three roadway segments. The project involved three new signals and two signal modifications, including one at the Southbound 99 Off-Ramp and Mitchell Road, which required extensive coordination with Caltrans for approval. Additionally, Aaron oversaw the realignment of Rohde Road near the Northbound 99 Off-Ramp on Mitchell Road to ensure proper alignment with future commercial development at the southwest corner of Service Road and Mitchell Road.

CARTMILL AVENUE IMPROVEMENTS PROJECT
Tulare, CA
The Cartmill Avenue widening project in Tulare, California, spanned 1.5 miles and expanded the roadway from a two-lane undivided road to five of its six ultimate divided lanes between Akers Street and Mooney Boulevard, with a total construction cost of $7.8 million. Aaron Martinez was responsible for designing the roadway’s horizontal and vertical geometry, traffic striping and signage, traffic signal improvements, and storm drain and water upgrades.

He also prepared construction documents, including plans, specifications, and estimates, while coordinating with the City of Tulare to develop and approve geometric designs for the ultimate configuration. The project included modifications to two existing traffic signals and the design of one new signal to meet both current and future traffic demands. 25 106
A.S. Architectural Engineering
Fresno Technical College
Registered Public Works Inspector
American Construction Inspectors Association
RCI 5596
California Office of Emergency Services
SA970130
OSHA, Construction Saftey and Health
Certification
34-03377559

SELECT PROJECT EXPERIENCE
Ray is a Construction Manager / Registered Public Works Inspector with over 44 years of experience. His responsibilities as a Construction Manager and Inspector span the length of projects from Quality Assurance/Quality Control of the constructability of plans and specifications to construction staking, Inspection and contract administration.

Inspection experience includes all aspects of inspection duties related to grading and drainage, roadways, storm and sanitary sewer, domestic and irrigation water distribution, lighting and signalization construction.

Construction Management duties include review of construction agreements, project bonds and insurance, submittal review, processing of staking requests, scheduling of inspection, processing contract change orders and progress payments, project close-out and acceptance. Daily interaction with the contractor for review and approval of progress payment reports, labor compliance requirements, etc. Responsibilities require close coordination with clients, funding agencies, local cities, flood control, irrigation districts, and county staff for public and private projects.

RAY MARTINEZ, JR.

PROFESSIONAL

ORGANIZATIONS

INSPECTIONS DEPARTMENT MANAGER
American Construction Inspectors
Association (ACIA)
California Emergency Services Design

PROFESSIONAL

EDUCATION

PUBLIC WORKS
Academy Avenue Reconstruction - 11th Street to North Avenue, Sanger, Ca.

Greenwood Ave Reconstruction - Jensen Ave to Canal Drive, Sanger, Ca.

Kelly and West Sanger Basin Groundwater Recharge Projects, Sanger, Ca.

Cherry Avenue Reconstruction - Bethel to Greenwood Ave, Sanger, Ca. 8th Street Reconstruction - L Street to Faller Ave, Sanger, Ca.

K Street Reconstruction - 5th to 10th Street, Sanger, Ca.

Lyon Avenue Reconstruction - Webster to 9th Street, Sanger, Ca.

Veterans Memorial Plaza - Phase 1, Sanger, Ca.
2019 and 2021 Street Sealing Projects, Sanger, Ca.

Church Avenue Reconstruction - Bethel to Greenwood Ave, Sanger, Ca.

North Avenue Reconstruction - Academy to Faller Ave, Sanger, Ca.

Sanger PD Parking Lot Improvements, Sanger, Ca.

Well No. 16, Sanger, Ca.

Sanger Encroachment Permit Inspections, Sanger, Ca.

N Street Reconstruction - 5th to 9th Street, Sanger, Ca.

ATP Cycle 3 Accessibility Improvement Project, Sanger, Ca.

Faller Avenue and Lincoln Park Sidewalk Project, Sanger, Ca.

Sidewalk Gap Closure Project, Sanger, Ca.

Faller Avenue Rehabilitation - Church to Florence, Sanger, Ca.

Academy Avenue Water Line Extension , Sanger, Ca.

Jensen Avenue Water Line Emergency Repairs, Sanger, Ca.

North Avenue Sewer Trunk Emergency Repairs, Sanger, Ca.

Bethel and Church Traffic Signal, Sanger, Ca.
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Yamabe & Horn Engineering, Inc.

Construction Manager / Inspector
2015 – Present
Giersch & Associates, Inc.

Construction Manager / Inspector
1988 – 2014
Building Technologies Corp.

Steel Designer-Detailer
1985 – 1988
BPW Engineers, Inc.

Civil Engineering Technician / Inspector
1980-1985

PROFESSIONAL

EXPERIENCE PUBLIC WORKS (CONTINUED)
Sanger Streetlight Improvements Project - Phase VI, Sanger, Ca.

DeWitt Street Reconstruction - Hoag to 14th Street, Sanger, Ca.

Rawson Avenue Reconstruction - 14th Street to Hoag, Sanger, Ca.

I Street Reconstrution - 5th Street to 10th Street, Sanger, Ca.

College Avenue and SJVRR Crossing Improvements, Dinuba, Ca.

Kern Street Storm Drainage Improvements, Dinuba, Ca.

North Dinuba Infrastructure Project, Dinuba, Ca.
15th St. & Robertson Blvd. Signalization Project, Chowchilla, Ca.

Chowchilla Bike Lane Project, Chowchilla, Ca.

Chowchilla Well No. 11 Improvements, Chowchilla, Ca.

Chowchilla Airport Improvements, Chowchilla, Ca.

Chowchilla Wastewater Treatment Plant Renovation, Chowchilla, Ca.

Chowchilla Interceptor Sewer Improvements, Chowchilla, CA FAA AIP irport Improvements Project, Chowchilla, CA
Sports and Leisure Skate Park, Chowchilla, CA
Amador Wastewater Station Pump Modifications, Chowchilla, CA Wastewater Treatment Plant Renovation, Chowchilla, CA
Chowchilla HS Vicinity Pedestrian Facilities, Chowchilla, CA Howard Road and Gill Way Repair & Resurfacing, Chowchilla, CA Airport Apron Reconstruction, Chowchilla, CA
Washington Road Widening, Chowchilla, CA

PRIVATE DEVELOPMENT
Olive Glenn Subdivision, Tract 5460, Sanger, Ca
Greenwood Estates Subdivision, Tract 5826, Sanger, Ca.

Ridge Creek Ranch Subdivision, Dinuba, Ca.

Autumn Gate Subdivision, Phase II & III, Dinuba, Ca.

Orchard Estates, Tract 5496, Parlier Ca.

Kerman Tract 5832 / 5921, Kerman, Ca.

Kerman Tract 6236, Kerman, Ca.

Green Hills Estates and Golf Club Tract 93-02, Chowchilla, CA Meadowlark Subdivision, Phase I & II. Chowchilla, Ca.

Chowchilla Washington Square Apartments, Chowchilla, Ca.

Garcia Subdivision, Chowchilla, CA
Valley Grove Estates, Tract 04-06, Chowchilla, CA
Village East RV Park Improvements, Chowchilla, CA
Town Center Plaza-West, Chowchilla, CA
Heritage Station, Chowchilla, CA
Olivero Ranch, Tract 04-11, Chowhilla, CA
Shasta Villas Phase I, Chowchilla, CA
27 108

PROFESSIONAL

EDUCATION

SELECT PROJECT EXPERIENCE
ROAD RECONSTRUCTION OF K STREET, 8TH STREET, AND LYON AVE Sanger, CA
Served as the construction manager and resident engineer. Managed and oversaw the road reconstruction for the three street segments. This project consisted of pavement reconstruction and rehabilitation, along with concrete restoration work for curbs, gutters and sidewalk where needed, reconstruction of curb ramps for ADA compliance, new upgraded roadway signing and striping, and construction of new storm drain improvements on 8th Street to address existing drainage deficiencies in that area. Project coordination with the prime contractor and City Staff. The project was funded with local City funds for a total project cost of approximately $1.25m.

NORTH DINUBA INFRASTRUCTURE IMPROVEMENTS PROJECT
Dinuba, CA
Served as the Construction Manager and resident engineer. The project included sewer, storm drain, new concrete, alley, and street improvements with the additional of Pocket Park to a recent annexed neighborhood by the City of Dinuba. The sewer improvements included 3,300 LF to serve residents within the Griggs Ave neighborhood and various residents on Alta ave. The project was funded through the Community development block grant program. Total Project cost of approximately $4.33m.

Sergio has 11 years of experience working as a Resident Engineer and Construction Manager for municipal agencies. As construction manager he oversees the department at Yamabe & Horn. As the construction manager he is responsible for managing public capital improvement projects through construction. He is responsible for the project coordination between the Prime Contractor, City staff, Utility and permitting agencies. He works daily with the contractor, public works staff, City Engineer, and the project inspector to ensure the project is constructed per the contract documents and the city’s satisfaction. He prepares all project documentation from the project award to the project completion. He ensures the construction files are complete and properly documented in preparation for potential project auditing by funding agencies. Mr. Alvarado has been involved with project reviews and audits performed by funding agencies. He clear understanding of the project requires and file documentation.

Mr. Alvarado is experienced with storm drain, sewer, water systems, basin excavation and expansions, traffic signal, IT and ITS fiber interconnect systems, City facility improvements, pavement rehabilitation, and pedestrian trail improvements. Throughout his career he’s worked with the following Cities and served as the Resident Engineer: City of Arvin, City of Visalia, City of Dinuba, City of Sanger, City of Parlier, City of Kerman, and City of Chowchilla, City of Selma, Biola Water District.

CONSTRUCTION MANAGER

SERGIO ALVARADO
B.S. Civil Engineering, 2013
California State University, Fresno

PROFESSIONAL

ORGANIZATIONS
American Society of Civil Engineers
(ASCE)
Yamabe & Horn Engineering, Inc.

Construction Manager
2020 – Present

PROFESSIONAL

EXPERIENCE
28 109

SELECT PROJECT EXPERIENCE

KERN STREET STORM DRAIN IMPROVEMENTS PROJECT
Dinuba, CA
Served as the construction manager and resident engineer. Oversaw the storm drain improvements, over 7,000 LF of large storm drainpipe installation to mitigate flooding in downtown Dinuba during heavy rain events. Past rain events would result in significant flooring that impacted the downtown area. The project was funded through the Community development block grant program. Total Project cost of approximately $4.20m. Included permitting and coordination with the US Railroad and SJVRR. Worked with the City Engineer address unforeseen underground obstacles.

STANISLAUS AVE PARK DEVELOPMENT PROJECT
Kerman, CA
Served as the construction manager and resident engineer. Managed and oversaw the new park development and construction. The project required coordination with the prime contractor, landscape architects, City parks department, Community engagement groups, third-party contractors, and Fresno County. The project was funded through the Community development block grant program. The park development consisted of grading, installation of a landscape irrigation system, landscape planting, construction of concrete improvements, installation of site lighting, installation of playground equipment, installation of a prefabricated restroom, and various other park amenities for the community. Total Project cost was approximately $1.32m

CHOWCHILLA POLICE DEPARTMENT PARKING LOT IMPROVEMENTS
Chowchilla, CA
Served as the construction manager and resident engineer. Managed and oversaw the new parking lot improvements consisting of demo existing carport, regrading, curb and gutter, sidewalk, new drive approaches, CMU wall, wrought iron fencing, new gates and gate operators, carport structure, parking lot lighting, reinforced concrete pavement, and asphalt pavement. The project required coordination with the prime contractor, City Staff, architects, structural and electrical engineers, and the police department. The project was funded with City funds for a total project cost of approximately $1.30m

KEARNEY BOULEVARD REHABILITATION PROJECT
Kerman, CA
Served as construction manager and resident engineer, overseeing road reconstruction and contractor coordination. The $562,000 project, funded by STBG and CMAQ, involved the reconstruction of deteriorated sections of Kearney Blvd., including asphalt overlay to improve the driving surface. 8th Street from G Street to Kearney was also reconstructed. Improvements included curb and gutter, valley gutter, sidewalks on the south side of Kearney, and a high-visibility pedestrian crossing with curb bulb-outs.

The project satisfied all Caltrans documentation requirements during a formal review.

City of Visalia
Engineering and Public Works
Construction Manager/Associate Engineer
2015-2020
Quad Knopf Inc.

Assistant Engineer
2013-2015

PROFESSIONAL

EXPERIENCE
29 110

PROFESSIONAL

EDUCATION

SELECT PROJECT EXPERIENCE
LOCAL STREET IMPROVEMENTS PROJECT CIP 23-01
Kerman, CA
As Project Administrator for a $1,402,000 project included in the City’s Capital Improvement Plan, Danelle Snyder managed administrative functions for the rehabilitation of existing pavement at multiple locations. The project scope involved full pavement reconstruction, pulverization and overlay, and slurry seal applications. Additional improvements included the reconstruction of damaged curb and gutter, valley gutters, and sidewalks, along with the construction of new ADA-compliant curb ramps and alley drive approaches. Danelle also supported efforts to upgrade roadway striping and signage and replace water services on El Mar Avenue to address recurring leaks and breaks, ensuring successful delivery of this comprehensive infrastructure improvement project.

ADA-compliant curb ramp upgrades, concrete repairs, and roadway signage and striping enhancements.

As Project Services Administrator at Yamabe & Horn Engineering, Danelle Snyder ensures that projects run efficiently by providing critical support to Project Managers and Engineers. She administers project documents such as contracts, manages and updates project management reporting systems, and organizes client files to maintain accuracy and accessibility. Danelle is also responsible for reviewing and tracking certified payroll, inspector reports, and other essential project documentation, ensuring compliance and consistency throughout each project’s lifecycle. Her proactive coordination and attention to detail are key to the successful execution of Yamabe & Horn’s diverse portfolio of projects.

Danelle’s previous professional experience has equipped her with the skills needed to excel in her current role. She has a strong background in contract management and billing, where she oversaw agreements and payment processes, as well as in report compilation, consolidating critical information for senior management review. Her familiarity with documentation management and environmental compliance provides a solid foundation for handling the regulatory aspects of civil engineering projects. Additionally, her time in human resources, supporting interview scheduling and onboarding, honed her organizational and communication skills, which are invaluable for team collaboration and client interaction.

Danelle’s comprehensive skill set and dedication to precision make her an integral part of the Yamabe & Horn team. Her ability to manage complex administrative tasks while supporting technical staff allows her to contribute meaningfully to the firm’s mission of delivering high-quality engineering solutions for the Central California region.

DANELLE SNYDER
Heald College Associates Degree
2006

PROJECT SERVICES ADMINISTRATOR

PROFESSIONAL

EXPERIENCE
Yamabe & Horn Engineering, Inc
Project Services Administrator
2024 - Present
30 111

PROFESSIONAL

EXPERIENCE
PGH Wong Engineering Inc
Office Administrator
2023 - 2024
F&B Hawaii
Administrative Secretary
2018 - 2023
Honolulu Authority for Rapid
Transportation
Secretary
2012 - 2015

SELECT PROJECT EXPERIENCE
KERMAN FY 22/23 STREET REHABILITATION PROJECT
Kerman, CA
As Project Administrator for a $1,402,000 project included in the City’s Capital Improvement Plan, Danelle Snyder managed administrative functions for the rehabilitation of existing pavement at multiple locations. The project scope involved full pavement reconstruction, pulverization and overlay, and slurry seal applications.

Additional improvements included the reconstruction of damaged curb and gutter, valley gutters, and sidewalks, along with the construction of new ADA-compliant curb ramps and alley drive approaches. Danelle also supported efforts to upgrade roadway striping and signage and replace water services on El Mar Avenue to address recurring leaks and breaks, ensuring successful delivery of this comprehensive infrastructure improvement project.

CALIFORNIA HIGH-SPEED RAIL AUTHORITY (CHSRA)
CONSTRUCTION PACKAGE 1 (CP 1)
Fresno, CA
As Project and Construction Management (PCM) Office Administrator for the California High-Speed Rail Authority (CHSRA), Danelle Snyder provided administrative support to the Chief of Staff and Environmental Director for Construction Package 1 (CP 1), the first major construction contract of the high-speed rail program. Spanning a 32- mile stretch from Avenue 19 in Madera County to East American Avenue in Fresno County, CP 1 represents a $1.2 billion investment in the Initial Operating Section of the rail system connecting San Francisco to the Los Angeles basin. Danelle’s role involved managing project documentation, coordinating schedules, and supporting environmental compliance efforts, ensuring smooth operations and adherence to program requirements on this landmark infrastructure project.

HONOLULU AUTHORITY FOR RAPID TRANSPORTATION
(HART)
Honolulu, HI
As Secretary II for the Planning and Environmental Department and the Project Controls Department at the Honolulu Authority for Rapid Transportation (HART), Danelle Snyder provided critical administrative support for the $12.45 billion, 18.9-mile automated rail system along Oahu’s south shore. Her responsibilities included managing regulatory documentation, supporting environmental compliance efforts, compiling detailed progress reports, and ensuring project schedules were accurately tracked and communicated to stakeholders. Danelle also oversaw contract administration, drafting agreements and maintaining compliance records, while verifying and managing timesheet submissions for staff and subcontractors. By streamlining workflows and maintaining organized documentation systems, she played an essential role in advancing key milestones for one of Hawaii’s most ambitious infrastructure projects. 31 112

PAST EXPERIENCE ON

MUNICIPAL PROJECTS
At Yamabe & Horn Engineering, we take pride in delivering high-quality engineering services that consistently meet or exceed expectations. Our proven ability to complete projects on time and within budget reflects our dedication to excellence and careful project management.

With decades of experience providing on-call engineering services to municipalities, we have successfully executed numerous projects that illustrate the quality, expertise, and performance of our project teams.

Our extensive experience includes working with Caltrans Local Assistance and administering projects funded by State and Federal programs, including RSTP, CMAQ, HSIP, ATP, and more.

These efforts have required a thorough understanding of funding requirements, regulatory compliance, and collaboration with diverse stakeholders to achieve project goals efficiently.

These examples highlight our technical expertise, commitment to client satisfaction, and track record of successful delivery under State and Federal funding programs. 32 113

ACADEMY AVENUE

RECONSTRUCTION
03 02
The project involved widening the roadway to its ultimate configuration from 11th Street to just south of Annadale Avenue and constructing an asphalt overlay from the southern widening terminus to south of North Avenue. This required acquiring right-of-way from 14 property owners, relocating multiple businesses and residents, and extensive environmental review to protect two properties eligible for the National and California Registers of Historic Places. Yamabe & Horn managed two site clearing and demolition contracts, coordinated utility relocations, and completed right-of-way certification before advancing to construction.

Engineering design services included roadway geometrics, pavement structural section, streetlights, signing and striping, accessibility, drainage, landscaping, irrigation, and the reconstruction of two traffic signals at Annadale Avenue and North Avenue, with protected left-turn phasing and coordination with PG&E for overhead facility clearance.

Yamabe & Horn supported this complex project over seven years, securing Measure C funding, managing the preliminary engineering and environmental phase, coordinating right-of-way acquisition, performing all engineering design activities, and providing bidding services.

Additionally, the firm oversaw construction management and full construction inspection services, ensuring the project met all requirements efficiently and effectively.

This project was part of a regional effort, funded primarily by Fresno County regional transportation sales tax measure, Measure C, to improve Academy Avenue as a primary north-south corridor in eastern Fresno County between State Route 99 and State Route 168. This segment, between roughly 11th Street and North Avenue, was the final segment to be completed. 01 Project Location Sange r, CA
Client City of Sange r
Construction Date 2021
Project Size 0.7 Mile s
Project Cost $5.2 Millio n
Funding RSTP/CDBG
Client Contact Es peranza Rosales

PROJECT OVERVIEW

PROJECT DESCRIPTION

PROJECT DETAILS
33 114
NORTH AVENUE RECONSTRUCTION |

BETHEL AVE TO GREENWOOD AVE
01 03
02 This project, initially listed on the City’s FTIP for RSTP funding, faced delays due to underfunding and potential conflicts with planned utility projects. The Y&H team, led by City Engineer Josh Rogers, revived the project by updating utility plans and securing additional RSTP funding through Fresno COG's Call for Projects.

With funding secured, Y&H facilitated a Cooperative Agreement with Fresno County to allocate costs by jurisdiction, completed environmental studies, prepared right-of-way documentation, coordinated property acquisitions from five owners, and developed plans, specifications, and estimates under City and County review.

Y&H managed the construction contract, provided full-time inspection from pre-construction to closeout, and administered federal grant funding. The scope included full-depth reconstruction using reclaimed road grindings as Class V sub-base, new storm drains, irrigation pipeline reconstruction, and Class II bicycle lanes per the City’s Active Transportation Plan.

This vital east-west corridor now enhances connectivity and expands Sanger’s growing bicycle network.

PROJECT OVERVIEW
Project Location Sange r, CA
Client City of Sange r
Construction Date 2018
Project Size 1.0 Mile s
Project Cost $2.4 Millio n
Funding RSTP
Client Contact Es peranza Rosales
This project was a collaborative, multi-
jurisdictional effort to reconstruct North
Avenue, a Minor Arterial located along the
City/County boundary in southern Sanger.

The reconstruction was funded through a
combination of federal RSTP funds and local
transportation revenues provided by the City of
Sanger and the County of Fresno.
34 PROJECT DESCRIPTION

PROJECT DETAILS
115
34 35

BETHEL AVENUE WIDENING AND
OVERLAY | JENSEN TO ANNADALE
03 02
City Engineer Josh Rogers and the Y&H team successfully secured federal RSTP funding to enhance Bethel Avenue, one of the City’s primary north-south corridors. The project aimed to extend the pavement’s lifespan and eliminate a northbound bottleneck between 9th Street and Jensen Avenue. This stretch had remained a one-lane arterial in the northbound direction due to insufficient right-of-way dedication near the Walmart shopping center.

The project involved acquiring the necessary right-of-way, widening the roadway, and constructing curb, gutter, sidewalk, and streetlights. The roadway was re-striped to meet the General Plan’s 4-lane designation. Storm drain facilities were added to improve drainage capacity in western Sanger, and the roadway was rehabilitated with dig-outs, grinding, pavement reinforcing fabric, and an overlay.

For the first time, Class II bicycle lanes and signage were installed along Bethel Avenue, aligning with the City’s Active Transportation Plan. Y&H provided comprehensive engineering, land surveying, and construction management services throughout the project.

This multi-benefit project improved Bethel
Avenue through roadway widening, pavement
rehabilitation, ADA compliance, drainage
upgrades, multi-modal enhancements, and
safety improvements. Located near a major
commercial corridor and Sanger High School, it
increased accessibility and safety in a high-traffic
area. Funding came from federal RSTP funds,
Measure C Bicycle Program funding, Storm
Drain impact fees, and local transportation
revenues.
01 Project Location Sange r, CA
Client City of Sange r
Construction Date 2021
Project Size 0.5 Mile s
Project Cost $1.75 Million
Funding RSTP + Local Funds
Client Contact Es peranza Rosales

PROJECT OVERVIEW

PROJECT DESCRIPTION

PROJECT DETAILS
116

SANGER SAFE ROUTES
TO SCHOOL | ATP CY2
03 02
When Cycle 2 funding for the Active Transportation Program (ATP) became available, Y&H, serving as City Engineer, developed a citywide plan to audit school zone signage, striping, and markings for MUTCD compliance. The team also worked closely with Sanger Unified School District to identify top-priority safety needs within the City. This effort resulted in a successful ATP application and a joint project to standardize and upgrade school zone signage, striping, and pavement markings at all Sanger Unified sites within the City’s jurisdiction.

The project included constructing new pedestrian walkways around Washington Academic Middle School (WAMS), upgrading curb ramps and sidewalks to meet ADA standards, and installing new LED flashing school zone crossing signs at 10th Street and West Avenue. At Bethel and Cherry Avenues, a high-traffic area of concern for Madison Elementary, overhead flashing beacon assemblies were added to improve safety.

Under the leadership of Josh Rogers, Y&H secured funding, established a Cooperative Agreement with the School District, performed preliminary engineering, prepared construction contract documents, and provided full-time construction management, inspection, and grant administration services. This comprehensive approach addressed long-standing safety concerns and significantly improved pedestrian accessibility and safety citywide.

To enhance pedestrian safety in school zones across the City of Sanger, this ATP-funded project included installing and upgrading school zone signage, striping, and pavement markings. The project also added new pedestrian walkways and flashing beacons at key high-traffic locations, improving safety and accessibility for students and the community. 01 Project Location Sange r, CA
Client City of Sange r
Construction Date 2019
Project Size Citywide at SUSD Sites
Project Cost $1.1 Millio n
Funding ATP
Client Contact Es peranza Rosales

PROJECT OVERVIEW

PROJECT DESCRIPTION

PROJECT DETAILS
36 117
KEARNEY BLVD REHABILITATION |

MADERA TO VINELAND
01 03
02 The Kearney Boulevard Rehabilitation Project improved Poor to Very Poor pavement conditions from Madera Avenue to Vineland Avenue, enhancing safety, accessibility, and driving conditions.

The $780,000 project was funded by Federal STBG and CMAQ programs and Local Transportation funds.

The project reconstructed deteriorated sections of Kearney Boulevard, applied an asphalt overlay, and improved 8th Street from G Street to Kearney. Additional upgrades included new curb, gutter, valley gutter, sidewalk on Kearney’s south side, and a high-visibility pedestrian crossing with curb bulb-outs at 8th Street to improve safety.

Yamabe & Horn Engineering managed the project, handling grant documentation, engineering design, construction management, inspection, and grant administration. Delivered on time and within budget, the project provides lasting benefits to the community.

PROJECT OVERVIEW
Project Location Ke rman, CA
Client City of Ke rman
Construction Date 2022
Project Size 0.5 Mile s
Project Cost $780,000
Funding STBG/CMAQ
Client Contact J erry Jones
The Kearney Boulevard Rehabilitation Project
addressed deteriorated pavement and
improved pedestrian safety between Madera
and Vineland Avenues. The project included
pavement reconstruction, asphalt overlay,
new curb, gutter, sidewalk, and a high-visibility
pedestrian crossing at 8th Street.

PROJECT DESCRIPTION

PROJECT DETAILS
3736
118
38 ALLEY PAVING PROJECT | ROBERTSON/

KINGS & ROBERTSON/TRINITY
03 02
The City of Chowchilla partnered with Yamabe &
Horn Engineering on a transformative $871,000
project to improve dirt alleys plagued by potholes,
dust, and drainage issues. Completed in March
2024, the project was funded by CMAQ, Local Gas
Tax revenues, and Measure T Tax contributions.

The project added asphalt surfacing and drainage facilities, enhancing access for utilities like trash collection and water meters while improving functionality and aesthetics. CMAQ funding emphasized environmental and air quality benefits, aligning with the city’s sustainability goals.

Yamabe & Horn resolved challenges such as fencing encroachments, utility relocations, and coordination with trash services. Managing all phases, from funding to construction, the firm delivered a durable and accessible urban improvement.

The City of Chowchilla and Yamabe & Horn
Engineering completed an $871,000 project
revitalizing 3,800 linear feet of residential
alleyways. It addressed potholes, dust, and poor
drainage, replacing them with smooth asphalt
and efficient drainage systems. Funded by CMAQ
and local contributions, the project enhanced
infrastructure and promoted environmental
sustainability.

01 Project Location Cho wchilla, CA
Client City of Chowchilla
Construction Date 2024
Project Size 3,800 LF
Project Cost $871,000
Funding CMAQ
Client Contact J ason Rogers

PROJECT OVERVIEW

PROJECT DESCRIPTION

PROJECT DETAILS
119

ADDITIONAL PROJECTS

YEAR OF FUNDING CONSTRUCTION

PROJECT NAME COMPLETION SOURCE COST

CITY OF SANGER
Annadale Ave - Academy to Newmark 2015 CMAQ $690,000 Sanger Accessibility Master Plan (N-I) 2016 EJ PG $165,000 Greenwood Avenue - North to Jensen 2016 RSTP $1,000,000 O Street - 5th to 9th 2017 RSTP $630,000
Bethel and Church Traffic Signal 2018 CMAQ $265,000 North Avenue - Bethel to Greenwood 2018 RSTP $1,650,000 Southeast Sanger Sidewalk Improvements Project 2018 CMAQ $610,00 0 Jensen Ave Corridor Systemic Safety Analysis Report (N-I) 2019 SSARP $68,000 ATP Cycle 2 - Safe Routes to School 2019 ATP $815,000 Church Ave Improvements - Bethel to Greenwood 2019 RSTP $690,000 Bethel Ave Overlay/Widening- Annadale to Jensen 2021 * RSTP $1,380,000 ATP Cycle 3 - Sanger Accessibility Improvement Project 2021 * ATP $540,000 Greenwood Ave - Jensen to Canal 2021 * STBG $600,000 Bridge Preventative Maintenance and Repair Project 2021 * BPMP $850,000 Faller Ave - Church to Florence 2021 * RSTP $560,000 Academy Ave - 11th St to North Ave 2021 * RSTP $2,700,000 Faller Ave and Lincoln Park Sidewalk Project 2022 * CMAQ $180,000 Bethel Ave Bike Lanes and Pedestrian Improvements 2022 * CMAQ $880,000 North Ave - Academy to Faller 2023 * RSTP $650,000 O Street - 10th St to to North Ave 2023 * RSTP $1,200,000 Sidewalk Gap Closure Project 2023 * CMAQ $110,000 Bethel Ave - Jensen to City Limits 2024 * STBG $1,650,000 HSIP Cycle 11 - Jensen Ave Pedestrian Safety Improvements 2025 (IP) HSIP $250,000 Fowler Switch Canal Trail - Jensen to Bethel 2026 (IP) CMAQ $1,000,000 Almond Ave - Bethel to Greenwood 2026 (IP) STBG $600,000 Jensen and Indianola Traffic Signal 2026 (IP) CMAQ $1,000,000 Bethel and Almond Traffic Signal 2026 (IP) CMAQ $1,000,000 Jensen and Greenwood Intersection Improvements TBD (F) STBG $1,100,000 Central Ave - Academy to Newmark TBD (F) STBG $1,650,000 Bethel - North to Annadale TBD (F) STBG $1,000,000 Residential Alley Paving Project TBD (F) CMAQ $800,000 Academy, Jensen and Greenwood Bike Routes TBD (F) CRP $200,000 Railroad Crossing Safety Plan (N-I) TBD (F) SS4A $165,000 * Completed in the last 3 years
(IP) Project in progress, not complete
(F) Project funded from Y&H-prepared application, not started We’ve included additional examples below to showcase the breadth of our expertise and project experience with state and federally funded projects over the past decade. References for each city can be found in the General Information section of this proposal. If you would like more details about any of these projects we’d be happy to provide them upon request. 39 120
CONTINUED...

YEAR OF FUNDING CONSTRUCTION

PROJECT NAME COMPLETION SOURCE COST

CITY OF KERMAN
SR2S Pedestrian Safety Improvements 2017 SR2S $230,000 California Avenue Sidewalk Project - Phase II 2017 CMAQ $125,000 Whitesbridge & Vineland Traffic Signal 2018 CMAQ $600,000 Vineland Avenue Widening 2018 RSTP $660,000
UPRR Pedestrian and Bicycle Trail 2018 CMAQ $530,000 California Avenue Reconstruction Project 2018 RSTP $565,000 Kearney Blvd Rehabilitation 2019 RSTP $360,000
California Avenue Sidewalk Project - Phase II 2019 CMAQ $200,000 Kearney Blvd Rehabilitation - Madera to Vineland 2022 * STBG/CMAQ $565,000 Siskiyou Ave Rehabilitation - Whitesbridge to Kearney 2025 (IP) STBG $1,000,000 Goldenrod Avenue Rehabilitation - Kearney Blvd to SJVRR 2025 (IP) STBG $750,000 California Avenue Sidewalk - 9th to Vineland 2025 (IP) CMAQ $350,000 Kerman Downtown Revitalization 2025 (IP) Clean CA $800,000 Kearney Blvd Pedestrian Crossing Improvements 2025 (IP) HSIP $245,000 Kearney Blvd Rehabilitation - 16th to Goldenrod 2026 (IP) STBG $467,000 Goldenrod Ave Rehabilitation - Stanislaus to Kearney 2026 (IP) STBG $644,000 Siskiyou Ave Rehabilitation - Kearney to California 2026 (IP) STBG $845,000

CITY OF DINUBA
Dinuba Signal Synchronization Project 2020 CMAQ $375,000 College Avenue Railroad Crossing 2021 * STPLR $60,000 Alta and Nebraska Roundabout 2022 * CMAQ $5,000,000

CITY OF CHOWCHILLA
Robertson & 11th Pedestrian Safety Improvement Project 2017 ATP $600,000 Fuller Neighborhood Sidewalk Project 2019 SR2S $20,200 Bridge Preventive Maintenance Program 2019 HBP $135,000 Wilson School Pedestrian Safety Improvement Project 2020 CMAQ $714,000 Road 16 and 5th St Curve Reconstruction 2020 RSTP $427,000 Humboldt Ave Street Reconstruction and SD Imp Project 2023 * RSTP $3,724,000 Alley Paving Project - Robertson/Kings & Robertson/Trinity 2024 * CMAQ $789,000 Pedestrian IMP Project - Riverside Ave, 8th St, Kings Ave 2025 (IP) CMAQ $1,468,000

CITY OF SELMA
McCall ave and Dinuba Ave Traffic Signal 2026 (IP) CMAQ $748,660 Dinuba Ave Rehabilitation - Thompson Ave to McCall Ave 2025 (IP) STBG $678,000 Mill St & Orange Ave Park & Ride Lot 2025 (IP) CMAQ $457,000 Merced-Stillman-Tulare Alley Improvements 2025 (IP) CMAQ $452,000 Dinuba Ave Rehabilitation - McCall Ave to Dockery Ave 2025 (IP) STBG $706,000 Selma Canal Bikeway - Valley View to Thompson Ave 2027 (IP) ATP $2,701,000 * Completed in the last 3 years
(IP) Project In Progress, Not Complete
(F) Project funded from Y&H-prepared application, not started 40 121
Conflict of Interest

CONFLICT OF INTEREST

CONFLICT OF INTEREST STATEMENT

To: Esperanza Rosales
Sanger Public Works Director

From: Joshua Rogers, P.E.

Yamabe and Horn Engineering, Inc. Contract and Project Manager

Ms. Rosales,

Yamabe and Horn Engineering, Inc. (Y&H) has no contractual relationship with, nor is providing any design or construction engineering services to, any construction contractor, client, or other similar entity on any City project related to this solicitation.

Furthermore, if we become aware of any potential conflict during the term of any contract which may be awarded to our firm through this solicitation, we commit to immediately notify the City Manager or other designated contract administrator to provide for sufficient mitigation or resolution.

Thank you for your consideration.

Sincerely,

Joshua Rogers, P.E.

Contract and Project Manager

41 122
Contract Agreement

CONTRACT AGREEMENT

CONTRACT AGREEMENT

LANGUAGE REVISION REQUESTS

To: Esperanza Rosales
Sanger Public Works Director

From: Joshua Rogers, P.E.

Yamabe and Horn Engineering, Inc. Contract and Project Manager

Ms. Rosales,
Our legal counsel has reviewed the template contract agreement provided in the Request for Qualifications and has some fairly minor suggestions and requests for revisions. Since the changes have been tracked in Word format, we have included the electronic copy of the requested revisions on the same USB drive as the electronic format of our proposal.

It is assumed that any changes which are agreed to by the City Attorney can be coordinated with our legal counsel should any contract negotiations be undertaken between the City and Y&H.

Thank you.

Sincerely,

Joshua Rogers, P.E.

Contract and Project Manager

42 123

FEDERAL AID PROVISIONS

FEDERAL AID PROVISIONS

To: Esperanza Rosales
Sanger Public Works Director

From: Joshua Rogers, P.E.

Yamabe and Horn Engineering, Inc. Contract and Project Manager

Ms. Rosales,
We understand that this RFQ is for specific services, not specific projects, and that any work performed under a contract procured under this solicitation will be initiated through Task Order(s) which detail(s) the specific scope, schedule and services of the project as defined by the City. We understand that any work paid for with federal funding will be subject to federal requirements. As such, we have included within this proposal the following forms, per the RFQ instructions:

LAPM Form 10-O1 – “CONSULTANT PROPOSAL DBE COMMITMENT”
We have reviewed the RFQ and Form 10-I, “NOTICE TO PROPOSERS DBE INFORMATION” and are aware that the DBE contract goal for this solicitation is 11%. Since no specific project has been defined for the contract at this time, we have determined the potential scope items in the RFQ that could be subcontracted to DBE firms and have unbundled those to the best of our ability without details on any potential future project. We solicited certified DBE firms for those specialty services as listed on our submitted Form 10-O1 and listed those firms who expressed interest in work under a future contract with the City of Sanger. Yamabe and Horn commits to securing, or documenting good faith efforts for, DBE participation of 11% or more on any Task Order proposal provided under this solicitation and will provide separate 10-O1 and 10-O2 forms for Task Orders at that time.

LAPM Form 15-H – “PROPOSER/CONTRACTOR GOOD FAITH EFFORTS” Since no contract project scope or value have been determined, no actual DBE participation can be claimed at this stage. Even though we submit our 10-O1 to document the DBE subconsultant firms which have expressed interest in work under a future contract, we cannot guarantee that any specific future project defined under any specific future Task Order will meet the DBE participation contract goal. So, we submit our 15-H form to provide additional information on our good faith efforts to procure DBE participation under this solicitation. We are providing the 15-H form and the first page of Attachment ‘A’ within the bound proposal itself and will submit the rest of the documentation within 5 calendar days of the RFQ as specified.

LAPM Form 10-Q – “DISCLOSURE OF LOBBYING ACTIVITIES”
Yamabe and Horn Engineering has no lobbying activities to disclose. As such, we have submitted the form with no information but my signature, title, telephone number and date.

If you have any questions on any of the above, we would be happy to discuss with you after your review of our submitted SOQ. Thank you.

Sincerely,

Joshua Rogers, P.E.

Contract and Project Manager
43 124
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

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

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

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

23. Local Agency Representative's Name 24. Phone

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

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION

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

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

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

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

LPP 18-01 Page 1 of 2
January 2019
Reset Form
On-Call Architectural and Engineering Services for State and Federally Funded Transportation Projects 11%City of Sanger
Sanger, CA
Yamabe and Horn Engineering, Inc.

Environmental Consulting Services - C8713
Material Testing Services - C8723
Electrical Engineering Services - C8740
Landscape Architecture Services - C8744
Geotechnical Engineering Services - C8780
Structural Engineering Services - C8783
Structural Engineering Services - C8784
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached
Various, See Attached

11.00 11/21/2024
559-244-3123Joshua D. Rogers
Vice President
125
Code Services Company Name
DBE Cert
Number Physical Address City State Zip Phone Email
C8713 Environmental
Consulting Services Geode Environmental, Inc. 45318 684 Autumn Leaves Circle Bishop CA  93514 626-626-6186 [email protected] C8713 Environmental
Consulting Services SPC Geotechnical, Inc. 48732 685 N Shepard Street Anaheim CA  92806 714-630-0321 [email protected]
C8713 Environmental
Consulting Services
Willbanks Environmental
Consulting, Inc. 42149 8413 N Millbrook
Ave, Suite 110 Fresno CA  93720 559-797-4181 [email protected] C8713 Environmental
Consulting Services Pari & Gershon, Inc. 41960 1042 Bennington Ave Turlock CA  95382 925-768-5245 [email protected]
C8723 Material Testing
Services SPC Geotechnical, Inc. 48732 686 N Shepard
Street Anaheim CA  92807 714-630-0322 [email protected]
C8740 Electrical Engineering
Services WRAAB 52025 400 Eastbrook Way Sacramento CA  95835 530-761-8051 [email protected] C8740 Electrical Engineering
Services Yao Engineering, Inc. 47390 60 N Daisy Ave,
Suite 2C Pasadena CA  91107 407-493-4941 [email protected] C8740 Electrical Engineering
Services
M+R Engineering Consultants
Inc 47149 39210 State Street,
Suite 105 Fremont CA  94538 510-449-4862 [email protected] C8744 Landscape Architecture
Services
GSM Landscape Architects,
LLC 37991 1700 Soscol Ave,
Suite 23 Napa CA  94559 707-255-4630 [email protected] C8744 Landscape Architecture
Services
HB Associates & Architects
Inc. 40937 2811 Castro Valley
Blvd, #109 Castro Valley CA  94546 510-830-4797 [email protected] C8744 Landscape Architecture
Services
Panoramic Design Group
Landscape Architecture 41434 3060 El Cerrito
Plaza #528 El Cerrito CA  94530 510-367-3028 [email protected] C8780 Geotechnical
Engineering Services
Geostructural Engineering,
Inc. 46897 25A Crescent Dr
#185 Pleasant Hill CA  94523 707-322-3507 [email protected] C8780 Geotechnical
Engineering Services SPC Geotechnical, Inc. 48732 685 N Shepard Street Anaheim CA  92806 714-630-0321 [email protected]
C8783 Structural Engineering
Services
Geostructural Engineering,
Inc. 46897 25A Crescent Dr
#185 Pleasant Hill CA  94523 707-322-3507 [email protected] C8783 Structural Engineering
Services Substrate 38385 270 Crest Rd Novato CA  94945 415-246-4920 [email protected] C8784 Structural Engineering
Services WCW INC 34098 23900 gilmer rd Perris CA  92570 951-323-0446 [email protected] EXHIBIT 10-01 ATTACHMENT
126
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LOCAL AGENCY SECTION

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

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

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

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

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

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

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

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

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

LPP 18-01 Page 2 of 2
January 2019
127
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ___% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

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

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

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

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

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

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

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