Staff Report — Simi Valley City Council, February 14, 2022 (part 2 of 2)

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Name/Job Title/Classification 1 Hourly Billing Rates2
Straight3 OT(l.5x) OT(2x)
Sr. Structural Engineer $230.18 $0.00 $0.00
$237.08 $0.00 $0.00
$244.20 $0.00 $0.00
Sr. Electrical Eng:neer $204.05 $0.00 $0.00
$210.17 $0.00 $0.00
$216.47 $0.00 $0.00
Sr. Water Rernurces Engineer $237.68 $0.00 $0.00
$244.81 $0.00 $0.00
$252.16 $0.00 $0.00
Sr. Landscape Architect $209.85 $0.00 $0.00
$216.14 $0.00 $0.00
$222.63 $0.00 $0.00
Landscape Archit;:ct $105.57 $0.00 $0.00
$108.74 $0.00 $0.00
$112.00 $0.00 $0.00
Sr. Planner $286.45 $0.00 $0.00
$295.04 $0.00 $0.00
$303.89 $0.00 $0.00
Sr. CADD Techn:cian $173.25 $0.00 $0.00
$178.45 $0.00 $0.00
$183.80 $0.00 $0.00
Engineer Intern $114.06 $0.00 $0.00
$117.49 $0.00 $0.00
$121.01 $0.00 $0.00
Designer $145.93 $0.00 $0.00
$150.31 $0.00 $0.00
$154.82 $0.00 $0.00
Sr. Project Surve;or $174.23 $0.00 $0.00
$179.45 $0.00 $0.00
$184.84 $0.00 $0.00
Sr. Traffic Engineer $180.25 $0.00 $0.00
$185.65 $0.00 $0.00
$191.22 $0.00 $0.00
Traffic Engineer $140.12 $0.00 $0.00
$144.32 $0.00 $0.00
$148.65 $0.00 $0.00
Survey Manager $234.43 $0.00 $0.00
$241.47 $0.00 $0.00
$248.71 $0.00 $0.00
Effective Date of Hourly Rate
From To
]2/10 /2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01 /01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01101/2022 12/31/2022
01/01/2023 12/31/2023
12/l 0/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12i3 l/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
12/10/2021 12/31/2021
01/01/2022 12/31/2022
01/01/2023 12/31/2023
Actual or Avg. %or$
Hourly Rate4 Increase
$73.02
$75.21 3.0%
$77.47 3.0%
$64.73
$66.67 3.0%
$68.67 3.0%
$75.40
$77.66 3.0%
$79.99 3.0%
$66.57
$68.57 3.0%
$70.62 3.0%
$33.49
$34.49 3.0%
$35.53 3.0%
$90.87
$93.60 3.0%
$96.40 3.0%
$54.96
$56.61 3.0%
$58.31 3.0%
$36.!9
$37.27 3.0%
$38.39 3.0%
$46.29
$47.68 3.0%
$49.11 3.0%
$55.27
$56.93 3.0%
$58.64 3.0%
$57.18
$58.90 3.0%
$60.66 3.0%
$44.45
$45.78 3.0%
$47.16 3.0%
$74.37
$76.60 3.0%
$78.90 3.0%
EXHIBIT 10-H2
Cost Proposal
Hourly Range -
for Classifications Only
$73.02 - $73.02
$75.21-$75.21
$77.47 - $77.47
$64.73 - $64.73
$66.67 - $66.67
$68.67 - $68.67
$75.40 - $75.40
$77.66 - $77.66
$79.99 - $79.99
$66.57 - $66.57
$68.57 - $68.57
$70.62 - $70.62
$33.49 - $33.49
$34.49 - $34.49
$35.53 - $35.53
$90.87 - $90.87
$93.60 - $93.60
$96.40 - $96.40
$54.96 - $54.96
$56.61 - $56.61
$58.31 - $58.31
$34.04 - $39.29
$35.06 - $40.47
$36.11 - $41.68
$45.45 - $47.29
$46.81 - $48.71
$48.22 - $50.17
$54.29 - $56.25
$55.92 - $57.94
$57.60 - $59.68
$57.18-$57.18
$58.90 - $58.90
$60.66 - $60.66
$44.45 - $44.45
$45.78 - $45.78
$47.16 - $47.16
$74.37 - $74.37
$76.60 - $76.60
$78.90 - $78.90

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NOTES:

EXHIBIT 1 O-H2
Cost Proposal

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

2. The cost p:oposal format shall not be amended.

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

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

Consultant HJitt-Zollars. Inc.

EXHIBIT 10-H2 COST PROPOSAL Page 2 of3

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
IZJ Prime Consultant D Subconsultant
Project No. - - ---- - ---- Contract No. RFO NO. PW 21-04 Date 12/10/2021 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as nece ssary) Description of Item Quantity Unit Unit Cost
Mileage Costs I $ $
Equipment Remal and Supplies $ $
Permit Fees $ $
Plan Sheets $ $
Test $ $
Vehicle $ $
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
Subconsultant 5: $
Note: Add additional i:ages if necessary.

NOTES :

Total
I.

2. 3.

4. 5.

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

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

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

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

Items li,ted above that would be considered "tools of the trade" are not reimbursable as other direct cost.

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Local Assistance Procedures Manual

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

EXHIBIT 10-H2
Cost Proposal

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

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

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

10. Add adcitional pages if necessary.

11. Subconrnltar.ts must provide their own cost proposals.

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EXHIBIT 10-H2 COST PROPOSAL Page 3 of3
Certification of Direct Costs:

EXHIBIT 1 O-H2
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. GeneralJy Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Patt 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: _...,, ... !i .... 11 .... M ...... an .... n..,j ... n&g ______ _ ___ _ Title *: Vice President Date of Certification (mm/dd/yyyy): 12/10/2021
Phone Number:2,..1,....,4 ..... -8""'7 .... l-=-3=3 ...... l~l -------- Address: 5430 LBJ Freeway, Suite 1500, DaJlas, TX 75240 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinf! under the proposed contract:

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EXHIBIT 10-H COST PROPOSAL (EXAMPLE #2) PAGE 1 OF 2
SPECIFIC RATE OF COMPENSATION {USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCITON ENGINEERING AND INSPECITON CONTRACTS)
Note: Mark~ups are Not Allowed
Exhibit 10-H
Cost Pro osa I
Consultant or Subconsultant CONVERSE CONSULTANTS Contract No. ------- Date 12/9/2021 Fringe Benefit 0/o 33.56 +
( = 0% if Included in OH)
Overhead 0/o 103.62
( = 0% iflnduded in OH)
General Administration 0/o

22.77 159. 95 Combined Indirect Cost Rate (!CR) %
FEE % = __ 1;;;;.o;;,.;".c;o..co ...co1,.;;,,D _ _

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification' Hourly Billing Rates2 Effective date of hourly rate Actual or Avg % or $ increase Hourly range - for Straight OT(l.5x) OT(2x) From To hourly rate3 classifications only Principal Consultant $278.31 2022 2023 $97.33
Siva Sivathasan $286.66 2023 2024 $100.25 3%
Norman Eke $295 .26 2024 2025 $103.26 3%
Principal $148.52 2022 2023 $51.94
$152.98 2023 2024 $53.50 3%
$157.56 2024 2025 $55.11 3%
Senior Professional $158.50 2022 2023 $55.43
$163.25 2023 2024 $57.09 3%
$168.16 2024 2025 $58.80 3%
Project Engineer $133.88 2022 2023 $46.82
$137.89 2023 2024 $48.22 3%
$142.03 2024 2025 M9.67 3%
Project Professional $113.64 2022 2023 $39.74
$117.05 2023 2024 $40.93 3%
$120.56 2024 2025 $42.16 3%
Senior Staff Engineer $108.81 2022 2023 $38.05
$112.07 2023 2024 $39.19 3%
$115.43 2024 2025 $40.37 3%
Staff Professional $71.49 20Z2 2023 $25.00
$73.62 2023 2024 $25.75 3%
$75.83 2024 2025 $26 .52 3%
Clerical/Word Processing $54.81 $82.24 $109.64 2022 2023 $19.17 $56.47 $84.69 $112.92 2023 2024 $19.75 3%
$58.15 $87.24 $116.30 2024 2025 $20.34 3%
Drafting $68.63 $102.94 $137.26 2022 2023 $24.00
$70.70 $106.02 $141.37 2023 2024 $24.72 3%
$72.80 $109.22 $145.62 2024 2025 $25.46 3%
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
2022 2023
2023 2024
2024 2025
l , Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultant firms.

2. Billing rate= actual hourly rate• (l+ !CR)• (l+ Fee). Agreed upon billing rates are not adjustable for the term of contract,

3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

NOTES:

Denote all employees subject to prevailing wage with an asterisks (*) LPP 15-01 January 14, 2015
133
Local Assistance Procedures Manual
For "Other Direct Cost" listing, see page 2 of this Exhibit EXHIBIT 10-H COST PROPOSAL (EXAMPLE #2) PAGE 2 OF 2

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant Converse Consultants Contract No_ ... E OF OTHER DIRECT COST ITEMS
PRIME CONSUL TANT SUBCONSUL TANT# I

DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL
1- -~~&~&# l!'\J
UNIT .... , ru; rrc1, "'"'
Special Tooling Special Tooling
A. A.

B. B.

C. C.

Travel 0 $0 Trave l
A. mileage I
B. B.

C. C.

PRIME TOTAL ODCs = so ~T#l ODCs=
IMPORTANT NOTES:

Date 9-Dec-21 - ---- ---

UNIT COST TOTAL
$1
so

1. List direct cost items with estimated costs . These costs should be competitive in their respecti ve industries and supported with appropriate documentations .

Exhibit 10-H
Page3 ofS

2. Proposed items should be consistently billed directly to all clients (Commerc ial entities , Federal Govt ., State Govt., and Local Govt . Agency), and not just when the client will LPP 15-01
pay for them as a direct cost .

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

4. Items such as special tooling, will be reimbursed at actual cost with supporting docwnentation (invoice) . ~- Items listed above that would be considered "tools of rhe trade" are not ,eimbursable as other direct cost ,

6. Travel related costs should be pre-approved by the contracting agency .

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

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

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134
U1
........

Note: Mark-ups are Not Allowed
EXHIBIT 10-H2 COST PROPOSAL Page 1 ot3
SPECIFIC RATE OF COMPENSATION {USE FOR ON-CALL ORAS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Ruth Villalobos & Associates, Inc. D Prime Consultant 00 Subconsultant PrOject No. --------- Contract No. RFQ PW 21-04 Participation Amount$ 250 .000 NTE D 2nd Tier Subconsultant
Date 1/18/2022
For Combined Rate
Frim:1e Benefit % + General &Administrative% 76.0% + 89.0% = 165.0% OR
For Home Office Rate
Fringe Benefit% + General &Administrative % =
For Field Offiice Rate
Fringe Benefit% + General &Administrative % =
Fee =

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification' Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg . % or$ Straight3 OT(1.5x) OT(2x) From To Hourly Rate4 Increase Ruth Villalobos/Environmental -Permitting $251.24 $376.87 $502 48 12/01 /202 l 6/30/2023 $86.19 Quality Assurance-Quality Control $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 , $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Sonya Hoofer/Senior Enviommental - $238.33 $357.50 $476.66 12/01/2021 6/30/2023 $81.76 Permitting Manager $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Seve Villalobos/Environmental -Permitting $166.97 $250 .46 $333.94 12/01/2021 6/30/2023 $57.28 Specialist II $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Miranda Losing/Envioronmental - $155.10 $232.65 $310.20 12/01/2021 6/30/2023 $53.21 Permitting Specialist I $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Alessandria Razo/Program Admin $109.08 $163.62 $218.16 12/01/2021 6/30/2023 $37.42 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0%
$0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
(Add pages as necessary)
Combined ICR%
Home Office ICR%
Field Office ICR%
%
Hourly Range -
for Classifications Only
Not Applicable
Not Applicable
Not Applicable
$00-$00
$00 - $00
$00 - $00
$00- $00
$00- $00
$00- $00

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01 CX)
NOTES:

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

2. The cost proposal format shall not be amended .

3. Billing rate= actual hourly rate* (1 -1- ICR) * (1 -1- Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans . All costs must comply with the Federal cost principles for reimbursement. 4 . For named emp loyees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification .

EXHIBIT 10-H2 COST PROPOSAL Page2ot3
SPECIFIC RATE OF COMPENSATION {USE FOR ON-CALL OR AS-NEEDED CONTRACTS) {CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Ruth Villalobos & Associates, Inc. D Prime Consultant IX! Subconsultant Project No. ---------- Contract No. RFQ PW 21-04 Date 12/8/21 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Descriotion of Item Cluantitv 1Unit Unit Cost Total
Mileage Costs (IRS approved rate) ; Pe)" Mile ~0 .56
Equipment Rental and Supplies I I $ At Cost
Permit Fees I l -~ At r'Aot
Plan Sheets (REPRODUCTION SERVICES - See Notes #12) I li: At ro<:.t Test COURIER SERVICE I $ At Cost
Vehicle l I At CTost (Incl Gas
Subconsultant 1:

Subconsultant 2 :

Subconsultant 3:

Subconsultant 4:

Sut?consultant 5:

Note: Add additional pages if necessary
NOTES :
$ 0.00
$ 0.00 -
$.0._Q_Q
$ 0.00
$ 0.00
$ 0.00

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

2. Proposed ODC items should be consistently billed regardless of client and contract type . 3 . Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

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

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

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

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136
01 (0

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

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

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

10. Add additional pages if necessary.
11 . Subconsultants must provide their own cost proposals.

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137
EXHIBIT 10-H2 COST PROPOSAL Pege 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requrements:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title Z3 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11 . Z3 Code of FederaJ Regulations Part 17 2 -Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board ("'1en applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the prOject files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requrements are not eligible for reinbursement.

Prime Consultant or Subconsultant Certifxin,9.:

Title*: PrincipalNice President $ 0.00
Signature: -,....--~-__."'="' ........ ____ _ Date of Certification (mm/dd/yyyy): 12/08/2021 Email: - "'"-'I---""""-+---'- .... ---'--- - --- Phone Number: ---Lc2.c:.lo~2.u.l2:;l(.89~-~o6...,2 .... 1 _____ _ Empire Blvd, Suite C310, Ontario, CA 91764
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, "'10 has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providino under the orooosed contract:

ENVIRONMENTAL DOCUMENTATION AND PERMITIING SERVICES
60 138
Loc~l A~sistancc Procedur es Manual E:ihibil 10-H-1
Cost rr<:1[1U!lal for Contnu:11 , ,i th t•r, 1 i•lin,:" 115:u EXHIBIT 10-H4 COST PROPOSAL FOR CONTRACTS WITH PREVAILING WAGES PleHe Note: Consubnt completes aU Items ln yellow highlight ACTUAi. COST PLUS FIXED FEE; SPECIFIC RATES OF COMPENSATION AND COST PER UNIT OF WORK CONTRACTS CCNSUI.TA# Q yUJ!AQOgU,IJ,Pkl PRIME __ SUB .M2.__
PROJECT NO,~- ------ CONTRACT NO,__ ______ ___ _ ~~1>tntn0_,~-~--- ---- - UIH«ll~~Calcda,d•,.

Th, PW diffauinllah, Delta Ban and Dolt;, Fringe sho'Ml In lhe forrnuln 1bDVD for loaded Billing Rai n ar1 applic.abl• only v.4,en p,erfarming u nilc.n cave rad under DIR det11min.1tions.

IH•rr-lCaMllclltlon
511n9Lee PE,
'9r1nclp&I
Pr1vdlng W.ge Work
non,E,'onu,tJ
Eictww. Gerri a PE.
°""' ..,_ ,
FleldOffl~
OFFIClii
Effac:i\11Date.t
HourtyR•
,.,._IJding'W.c,a ~ '"'*theid by stat• DIR
,(of'IY~ -.:tofpt9;¥...,,.._..,~t4
.....,'*' I Fi-tt ·~~~-...._
f!__~
11112022
11112023
11112024
1M/2025
Tu ~ ........ 11,,w, I 1,jQI , I m,01
12131120221$47.721 $71.581 $95441 "'"' 1$ 123691 $147 ,551 $171 .41 12/31/2023 $47.72 $71,56 $95 ,44 $7587 $123.69 $147.55 $171 .41 12131/2024 S47.72 $71.58 $95 44 $75 91 $123.69 $147 .S5 .S17L4 1 12/31/2025 $47.72 $71 ,58 $9S44 $7591 $123.69 $147 .55 $171 .41 $47.72
$47,72
$47.72
$47.72
~ .. ~ftai •
lrrtniie benefits va,y yur ovw )'Hr)
~ tctil'Jia.. •
l,S .Fi l.~CJl- .IO'I
$71. 581 $95~44 $75.87 ~ $123 691 S147.SS I $171 .A1
171 56 $95.44 $75.87 I $12 3.69 $147 55 $171~41
$71,5& $95.44 $75.97 $123 69 $147~55 $171..41
$71.,.58 $95.44 $75.97 $123 _69 $147. 55 $171.41
I
$110.18 $110 .18
CONTRAC TTYP~.q&,L - fUSTONEOFnEA.BOI/EUSTEDC-OWTRACTTYPESJ SubCori.~hnt'aParttclpall.,,,Amount ,.__ _____ _ _ _
OI.L1ACTOTAL}•
~~ 1=1!~ ......... T.Wflala •DIR
..... .......
'-' 1 .. OOl
.. 00 I ,.,. I "-'° I $0_DO 1 ···" "-'° .SO 00 .SO.DO $0.00 $000 $000 so.oo $000 $000 .SO.DO $000 $0,00 $000
$0_00 .so.oo .so.oo $0.00 .JO.oo l.so .oo
so.oo ($2126) ($4251) $000 jJ.O .S.tJ
~~~,....
~~
,no,. .. ._. .. "" oii. .... d,. o.,w ,111 Mn111Bt,:... <Ji == : ~ :: 1=:·""~ ·
~nllMI
- , .... er,;;. .. .. &.r;;.11111,

50.CI01' • » .1nl
:'\di~ ~
~ ,,.rMn~
,0.00,,.
......

DEl.TAIHe•
DIRRM•·~J"N ... •
>19!
... 00 I "·'° I "·'° .SO.DO $0.00 .SO.DO
$0 ,00 $0.00 $000
$0,00 SO.OD $000
$0,00 j'2 t ,26) ($•12.51)
DELTA TOTAL• DELTA
BASE
u.ot I ,-tf{JT
••• oo
1 ... oo
1 .. 00
$0.00 ,S0,00 $000
SO.DO .S0,00 SO. OD
so.oo $000 so. oo
$000 so,oo $000
LoM:led Haurly BIiling R1ln
:~ .n~iL.!rr.fh1
$136 ,051 $159.91 I SUIJ .77 $13605 $159.91 $1'13.77
$136.05 $15991 $183 .77
$13605 $159 91 $18 3,77
$121.20 l142A5 $163 .71
,. I"'°"'""' ~-ft •nd.lM
W,1 .. \,1 A.oh ...
3,00%
3,00%

3.00%
•

42.17 .....

44.74 48.01

46.00 ............ , ........
!MI..M 'Jt
.,..,_ ..
1'9 .tn,
1_!».11'-'
HWltJ 'lfflfll llit
C1HI
NIA
~ojec,!ng lneer
OFF,:E I 11112022 , ,,,,,,,.,, I'"-" 1,.,,77, ... _., , $67,07 I'"'" I""·" I """ I '"·" 1'42 .S! I'"·" , .. , . ., '110.1.B fU UC)
11112023 12/31/2023 $4l.51 $63.77 $85.02 W .87 $110 .16 S131 44 $152 a9 S4l-.51 .S42.S1 $42.51 $67.67 J $110.18 $110.18 $110, 18 $0 .00 ('21 .2 6) (S4251) $0.00 tlll ,l tl ($42 ,51) SQ_OO i S21.261 ($425 0 ,o_oo $0,00 $000 $121 .20 '142 .45 $163 .7 1 300% •
4',HI
.,.

IPle..,.,ltfll W ... Woric
~~1
! otho l Roeung PE,
tf>rojed Englneu
Pr1va :Hng Wage Work
~ii,.E .. .....tl
IM/202'4 121311202'4 $42 ,51 $63.77 $650 2 167,tJ?' $11018 $13144 $15269 $4:Z.61 $42.51 $42.51 $87.67 $1\0 ,18 $110.16 .St10 ,18 $000 1'112025 12/3112025 142.51 $63.77 $65 02 U7,e7 S110..18 $131 .44 $152.69 $42,61 S4:Z.51 $42.51 $67.67 I .S110,18 s110 .1e $110,18 ,ooo OFFICE I 11112022 I '~31/2D22 I"'·'' I"'·" I "'·" I .. ''"' I ""·"I"'"'' I ""·" I "'·" I'"·" I'"·" I .. ,., "''·" S!!D, 18 S!!0 ,1' ,o.oo 11112023 12/31/2023 $42.51 $63.77 $65.02 $87.67 S110 ,18 .$131,44 $152 69 S42.51 $42.51 $42.51 $67.1!17 I $110 16 $110 ,18 :1110,18 $0 00 1/112024 12131/2024 $42.51 $63.77 $85.02 $57.97 $11018 $131. 44 $15269 $42,61 $42.51 $4251 $67.67 $110 ,16 $110.16 $110 ,18 $000 111/2025 1213112025 $4l.51 $63.77 .S6S.02 $B7S1 $110 .18 $1J1 .44 $152 .69 S4l.111 $42.51 $42.51 $67.67 $110 ,18 $110,18 $110 ,18 $000 I
1, PrevallingW111gas speci~ad are bas ed en current DIR dalarmnalian , Any rutur11 DIR ascal1l iD11 DI p<1valhng wag• rain Wll bo taflact ed In lhe loaded r11l1S 2, "NC' d enolas ND Charge lor-...011( fl"Drll than 8 hou rs per day and (Of -11kln<h and holidays lor 1h11, contra ei Oflly. ($21,26) is425 u ,o.oo
($2126) f$425 l t ,000
($21.26) ($42.51 1 so.oo
($2126) ($4251 j $000
($2126) ($42.51J $000
($2126) ($42.51 j $000
lP 1,M>- IS42.51} $0.00 f.SZ l .261 lS425 1,I $0.00 $0,00 sooo $121 .20 tU UCI (S42.51) S0.00 1$2 1 26) (142 .51) ,000 ,0,00 S0-00 $121 .20 1s21 .20, ($42.511 $0.00 ($2126) ($42 ,51) ,000 $0.00 $0.00 $121.20 $21.261 ($42.511 $0,00 ($21 .26) ($4251) "00 S0,00 SD-00 $121.20 ($21.26) ($42.51} $0,00 1$21 261 4S42,51J "00 $0.00 ,000 :,121. 20 1$212 11) ($4251 ! $0,00 1s2 1 2s1 {$42.5 11 $000 SO.DO $0.00 $121.20 3, Th• biling 111tos shawi In lhl& COS4 PfOpoHI for ll111kl staff enlillad for pW ral es a,e cak;ulatad Wth • slimal a d Iring , boneriu ol the staff. TI!• adual billing rates la be used i11 lh1 lnvoicu W.11 be calc~t,d by using Iha ecNal PW fringe benefit, of IIMI Individua l 11311 In ac;c;o1danco v.ith IIMI cel'\ified bon11fits state ment s ubmitt ed v.ilh oach Invoice . $142 .45 .Sl&l.71
'""" •

47.74 $142,,45 .S1G3.71
''°" • "8.11
$142.45 $163.71 • :::~: 1 NIA $142.45 $163 .71 3,00% • $142 .45 $163.71 300% •

47.74 $142,45 .S163.7t 3.00% •
4111.17
4, TM e""lo yeas' ac1ual haurty ratu sho~ in Chis casl prcp<1sal u a 1t11 ratas lh•1 -re effe clive <an nhc,Qo Callrans Contracl Manager' i. pr .. approva l k req uired for addill<in ol Slaff not previously h ted on lh• c;osl l)l'OpoH\. The b:lhng rai n fo1 lh,ne ell'f'lo yen. includ ing those INII tall undar general ~l.nsirlcatlo M, Wll !M, cal;ulaled and reimbi.ned baud on lhtir 11c;!u11JhDurly r.11111s onn/la/n Hourly rain for newomployus h11ed attar the d1t1 of this eos\ prepo~I wil not uceed (or shd b4I in ~Ill 'M.h) llMI ratu of 5in'111r ptirsonn•l lisled on this cost piapou l haYin!il slnilar expe1l1 nc1 .

S. Tr1velTim11Chargas :

Far Managers: On waekday s up lo a muimumor 8 hours WII be ch11g1d for v.ork lime, travel time or any combination ol travel end v.(lrk llma . Brlling Rate ,. Loeded R1t1 Fo11T1Jlo ·c· above . far E:o.empl slall: During ragul,u v.ork day, actual travel time net lo ox,1111d 8 hDUrs In any one day or ona way travel 'MIi be billed as lcNow:

B1l1ingrataforltavellim11! • LDe de d Raia Formula"C"above .

All lrDvol lim11, outside of the re9 ul.:irv.ork day , 'MII be billed Yi4lhout Iha opphca~on or overhead r:ite ::is follo'f'r Billing Role .. (Actual Hourly Rot e) (1+ Fee)+ (Della 611511 + De Ito Fri ng e) For Non-Exempl Emplayus : Diaing ro!iJUlar IWrk day, actual lr1ve l l1rnu IIDl lo e wceed a hours in .1ny one day 11t ona way trav el 'MM be billed al rull normal overhe.1d rat e (I a wilhout Iha opphcation or the 1,5Xar :Z,OX 111.1lllp)ier lor over1imo as ro11ow. 139
01 --...J
Note: Mark-ups are Not Allowed
EXHIBIT 10-H2 COST PROPOSAL Page 1 of3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL ORAS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant S Y Lee Associates, Inc. D Prime Consultant 0 Subconsultant PrOject NJ. __ _ Contract No. ------- Participation Arrou1 $ _ __ _ For Combined Rate
Fringe Benefit% + General &Administrative% =
(l}l
For Home Office Rate '
Fringe Benefit% + General &Administrative% Same Rate for both = For Field Office Rate
Frinae Benefit % + General &Administrative% =
Fee =
D2 nd Tier Subconsultant
Date 01/19/2022 ---
Combined ICR%
Home Office ICR%
Field Office ICR%
%
EBLLI f\G I r-F~ Tl (1)J see attached CAL C U.ATI (1)J I r-F~ Tl(J)J Name/Job Title/Classification 1 Hourly Billing Rates2
Straight3 OT(1 .5x) OT(2x)
John Doe - Project Manager* $0.00 $0.00 $0.00
Civil Engineer II $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
Sue Jones - Construction $0.00 $0.00 $0.00
Engineer Anspector $0.00 $0.00 $0.00
EnQineer I $0.00 $0.00 $0.00
Buddy Black - Claims Engineer $0.00 $0.00 $0.00
Engineer Ill $0.00 $0.00 I $0.00
$0.00 $0.00 I $0.00
Land Surveyor - $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
Technician $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
(Add pages as necessary)
Effective Date of Hourly Rate
From To
01/01/2016 12/31/2016
01/01/2017 12/31/2017
01/01/2018 12/31/2018
01/01/2016 12/31/2016
01/01/2017 12/31/2017
01/01/2018 12/31/2018
01/01/2016 12/31/2016
01/01/2017 12/31/2017
01/01/2018 12/31/2018
01/01/2016 12/31/2016
01/01/2017 12/31/2017
01/01/2018 12/31/2018
01/01/2016 12/31/2016
01/01/2017 12/31/2017
01/01/2018 12/31/2018
Actual or Avg . % or$
Hourly Rate4 Increase
$0.00
$0.00 0.0%
$0.00 0.0%
$0.00
$0.00 0.0%
$0.00 0.0%
$0.00
$0.00 0.0%
$0.00 0.0%
$0.00
$0.00 0.0%
$0.00 0.0%
$0.00
$0.00 0.0%
$0.00 0.0%
Hourly Range -
for Classifications Only
Not Applicable
Not Applicable
Not Applicable
$00- $00
$00-$00
$00- $00
$00-$00
$00- $00
$00- $00
Page4of9
January 2020
140
CJ1
(X)
NOTES:

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

2. The cost proposal format shall not be amended.

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

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

Consultant ___ _
PrOject N:>. __ _
EXHIBIT 10-H2 COST PROPOSAL Page2ot3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL ORAS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
S Y Lee Associates, Inc. ------- 0 Subconsultant D Prime Consultant Contract N:>. Date 01/19/2022 ---------
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileaqe Costs 1.00 1 $100.00
Equipment Rental and Supplies 1.00 1 $ 500.00
Permit Fees
Plan Sheets 30.00 1. $ 5.00
Test
Vehicle
Subconsultant 1: SY Lee Associates Inc.

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Note: Add additional pages if necessary.

NOTES:
$100.00
$ 500.00
$ 0.00
$ 150.00
$ 0.00
$ 0.00

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

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

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

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

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

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

Page 5 ends

January 2020
141
01 co

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

10. Add additional pages if necessary.
11 . Subconsultants must provide their own cost proposals.

Page6 of9
January 2020
142
EJfi I Bl 10-H2 COS"'FRCR>SAL
Certification of Direct Costs:

Page 3 of 3 ends

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements :

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11 . 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements .

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certif¥ing:

N Sang Lee ame: _______ _
Signature: ~
Email: [email protected]
Title* : -----
Date of Certification {mm/dd/yyyy) : 01/19/2022
Phone Number: 818 242 2800, EXT. 101
Address : 216 S. Jackson Street, # 101, Glendale, CA 91205 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent , who has authority to represent the financial information utilized to establish the cost proposal for the contract .

List services the consultant is providinQ under the proposed contract:
60 143
EXHIBIT “C”
I

NSURANCE REQUIREMENTS
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND HUITT -ZOLLARS, INC.

FOR ON-CALL CIVIL ENGINEERING DESIGN SERVICES,
RFQ NO. PW 21-04
Insurance - Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

M
inimum Scope and Limit of Insurance
C
overage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. W
orkers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

O
ther Insurance Provisions - The insurance policies are to contain, or be endorsed to 144
contain, the following provisions:

A
dditional Insured Status
The City, it’s Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

P
rimary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

N
otice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

W
aiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.

Se
lf-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

A
cceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Cla
ims Made Policies
If any of the required policies provide coverage on a claims-made basis:
145

1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective, or start of work date, th e Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

S
ubcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Sp
ecial Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances 146
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY -HORN AND
ASSOCIATES, INC. FOR ON-CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
T
HIS CONTRACT is made and entered into in the City of Simi Valley on this 14th day of February 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and Kimley -Horn and Associates, Inc., a North Carolina Corporation, hereinafter referred to as CONSULTANT.

RECITALS
W
HEREAS, on November 10, 2021, CITY requested proposals for the On- Call Civil Engineering Design Services, RFQ NO. PW 21-04 and W
HEREAS, pursuant to such request, CONSULTANT submitted a proposal, which was accepted by CITY for the services.

N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

AGREEMENT

1. R
ecitals. The foregoing recitals are true and correct and are a part of this CONTRACT.

2. Te
rm. The term of this CONTRACT shall be from the date this CONTRACT is made and entered, as first written above through a one year term. This CONTRACT may be extended for two additional one- year terms, upon mutual written consent of the CITY and CONSULTANT. Pricing shall remain firm during the entire term of the contract. In the event a price increase is negotiated at the time of an extension period, the increase rate shall not exceed the Consumer Price Ind ex (CPI) rate for Los Angeles-Riverside-Orange County area for the previous 12- month period (March to March). It is understood that the CONSULTANT’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all term s and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the CITY’S right to issue, and the CONSULTANT’S right to accept, additional Purchase Orders. Either party may terminate this CONTRACT at any time prior to the expiration date by giving thirty (30) days advance written notice thereof to the other party.
147
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04

3. Description of Services . The services to be performed by CONSULTANT are as follows:

C
ONSULTANT shall provide on- call civil engineering design services for various Public Works projects. CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”.

CONSULTANT will meet with CITY at least monthly t o discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.

4. C
ompensation and Payment.

A. T
he total compensation payable to CONSULTANT by CITY
for services under this CONTRACT shall not exceed the sum of $145,000.00 (the “Not- To-Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.

B. A
fter CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not -to- Exceed Amount unless otherwise agreed to by the parties in writing.

C. P
ayments to the CONSULTANT shall be made within 30 days
after receipt of an original invoice from the CONSULTANT and acceptance of the services by CITY.

D. C
ONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification will be in a form satisfactory to CITY. Invoices shall include the work performed including a list of hours worked by personnel.

5. Federal Requirements
A. C
ONSULTANT shall comply with federal funding (FHWA) and
Caltrans requirements as outlined in Caltrans Exhibit 10- R, Articles IV to XVIII, as set forth in Exhibit “D”, attached hereto and incorporated herein. Should there be a conflict between Caltrans Exhibit 10- R and any part of this CONTRACT, Caltr ans Exhibit 10-R shall govern.

6. C
ONSULTANT’s Representations and Obligations.

A. CO
NSULTANT shall perform as required by this CONTRACT.

CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States 148
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

B. C
ONSULTANT shall obey all Federal, State, local, and
special district laws, ordinances, and regulations.

C. C
ONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.

D. CONSULTANT acknowledges CITY may contract with other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.

E. T
he CONSULTANT shall keep a tally of the cost for the work ordered by CITY. The CONSULTANT shall not accept work orders from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.

F
. To the extent required by law, CONSULTANT agrees to abide by the following provisions pertaining to Prevailing Wages and Federally Funded Projects;
i. C
ONSULTANTS and all Subcontractors subject to prevailing wage requirements, must be registered and remain registered with DIR (Department Industrial Relations) through the term of the CONTRACT in accordance with the California Labor Code (“Labor Code”), in particular Labor Code Section 1771.1, and any successor or replacement provision thereto, unless a small project exemption applies ($25,000 for public works or $15,000 for maintenance). CONSULTANT further agrees that it will follow all requirements and obligations set forth in Labor Code Section 1776. ii. P
ursuant to the provisions of the California Labor Code the California Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the CONTRACT. Such wage scale is set forth at length in a Schedule of Prevailing Rates of Wages that is on file at the California Department of Industrial Relations and is available at www.dir.ca.gov/DLSR/PWD/index.htm . The
published prevailing rates that the CONSULTANT shall pay are hereby incorporated in and made a part of this CONTRACT.
iii. CO
NSULTANT shall assist in locating, qualifying, hiring, and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Orders 11246 and 11375.
i
v. The CONSULTANT shall comply with Labor Code Section
1773.2 and a copy of the general wage rate list shall be posted at each job site.

CONSULTANT shall indemnify, defend, and hold CITY harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal 149
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
v. F
or Federally funded projects the current Federal General Wage Determinations shall apply as predetermined by the Secretary of Labor. If there is a difference in the Federal minimum wage rates and the California Department of Industrial Relations for similar classifications of labor, the CONSULTANT and its subcontractors shall pay not less than the higher wage rate. The wage rate for any classification not listed by the Federal Department of Labor or the California Department of Industrial Relations, but which may be required to execute the CONTRACT, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the agencies determinations.

7. Audit.

A. A
t any time during normal business hours and as often as the CITY may deem necessary, CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.

8. Hold Harmless and Indemnification. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to CITY, indemnify, and hold harmless the CITY, its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, injury to or death of an employee of CONSULTANT or its sub -consultant), expense and liability of every kind, nature and description (including, court costs, attorney’s fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, any sub- consultant, anyone directly or indirectly employed by them, or anyone that they control.

9. Amendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the CITY and CONSULTANT.

10. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.

11. Personal Services. This Agreement is for professional services, which are personal to CITY. Sri Chakravarthy is deemed to be specially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.

12. Termination. If, during the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach. The CITY shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount.

13. Delivery of Reports in Cases of Termination. If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, the CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the CITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
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14. Complete CONTRACT . This CONTRACT and its acco mpanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.

15. Independent Contractor. It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.

CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or other benefits CITY provides for its employees.

CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed.

Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.

16. Time of Performance. Time is of the essence in this CONTRACT.

17. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.

CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.

18. Ownership of Reports and Data . The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the CITY by any of the other party(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY.

19. Conflict of Interest. Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 11 herein.
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In accordance with California Government Code Section 87306, CON SULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.

20. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.

21. Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.

22. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.

23. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.

24. Taxpayer Identification Number . CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.

25. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.

26. Waivers. The waiver by one party of any term or condit ion of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
2 7. Statement of Experience. CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S 153
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant t o this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.

28. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each part y to this CONTRACT is as follows:

CI
TY Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Fuad Shamout
Senior Engineer/Capital Projects
(805) 583-6788
CO
NSULTANT Kimley-Horn and Associates, Inc.
660 S. Figueroa St., Ste 2050
Los Angeles, CA 90017
Staff Contact: Sri Chakravarthy
Assistant Secretary
(213) 261-4037
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G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.

A
ttest: City of Simi Valley, A Municipal Corporation B y:

Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
A
pproved as to Form:

KIMLEY-HORN AND ASSOCIATES, INC.

B y:

David L. Caceres, City Attorney
P rint Name:

Approved as to Content: Title:

B y:

Brian Paul Gabler, City Manager
P rint Name:

T itle:

Alison M. Phagan,
Deputy Administrative Services Director
(Support Services)
Ronald K. Fuchiwaki
Public Works Director
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EXHIBIT “A”
SCO

PE OF WORK
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY- HORN AND
ASSOCIATES, INC. FOR ON-CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
A. Services to be Provided
The s
elected firm(s) shall provide Civil Engineering Design Services in connection with construction of various public works projects within the City. These civil engineering design services will be assigned on an as -needed basis depending upon the Department's project workload. Award of this annual contract does not necessarily guarantee the assignment of specific projects to the Consultant. The work, in general, shall include but not be limited to the following:

1. Preliminary Engineering:
• P
repare base maps, preliminary layouts, estimate of probable costs, engineering details and calculations.
• P
resent alternatives and provide recommendations, cost estimate, and analyses of the advantages and/or disadvantages of each. • P
rovide geotechnical and pavement engineering services.
• P
rovide survey services.
• P
rovide environmental engineering services.
• Perform analysis and design of hydrologic/hydraulic projects , flood control structures, retaining wall/sound/security walls, water resources and special structures, and all other routine civil engineering tasks related to public works projects.
• Bridge rehabilitation, widening, and replacement.
• R
eview and Prepare design plans, specifications and all other related documents.

2. Construction Documents:

P
repare project plans, specifications, cost estimate, and contract bidding documents.
156
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
• The City will provide the sample specifications and general provisions in Microsoft Word and templates for engineering cost estimates and bid forms in Microsoft Excel formats; the Consultant shall modify the documents by adding the necessary special provisions and project bid schedule.
• The C
ity shall review the plans and construction documents at the following stages: preliminary engineering, sixty percent (60%); ninety percent (90%) and final engineering, or as specified by specific task order, or as deemed necessary by the City.
• A
ll project calculations, supporting/reference information, correspondence, photos, Microsoft Office files, etc. shall be provided to City with the final submittal or upon request.

D
rawings shall be prepared in standard engineering scale using Autodesk AutoCAD or Autodesk Civil 3D. All project AutoCAD files (i.e. drawings, x - refs, blocks, fonts, pen styles, etc.) shall be provided to the City in electronic format or via email at the discretion of the City.

Fi
nal drawings shall be wet signed and stamped on 24-inch by 36-inch (Arch D), 4-mil Mylar.

3. Permit:

A
ssist the City in obtaining permits and approvals from applicable agencies at the discretion of City staff. Environmental permits may also be required.

4. Bidding Stage:

A
ssist the City in answering bidders’ questions, attend pre-bid conferences and job walks, and perform constructability review of own plans and specifications at the discretion of City staff.

5. Construction Stage:
• A
ttend pre- construction meetings and make on-site visits at the discretion of City staff.
• A
ssist the City with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, draft change orders, review of shop drawings and provide “peer” review of other submittals at the discretion of City staff.
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EXHIBIT “B”
SCH

EDULE OF FEES
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY- HORN AND
ASSOCIATES, INC. FOR ON-CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
158

1.ncnl Assis1:t11ct.• Procedures M11nunl ~:xmmT 111-112 ----------------------------------------------------------' (._,'osl Proposal 1,;x111111T 10-IIZ COST l'R01'0SAL
S1•1:CIFIC RArn (IF CoMl'liNSA 110N (tlSE FOR ON-C.\1.1. OK AS-NEF.DED CONTRAC rs) (CONS l'RIJCTION ENrnNEERING AND INSl'ECrION CON !'RAC 1'8) Consullanl Kimlcy-lforn nod i\ssociatcs. lnc 0 llroimc Commllanl 0 Sul:x:onsuhnnl D 2nJ 'ficr Subconsultnnt Project No. Contrnt.'I Nu.
---- ---- -------- -
Overhci,J Role 194.46%
+ General &Admi11is1ra1ivc %
FCCM'
1·\:e
Dote 12/81202 1
194.46%
COfnbirM."'(1 ICR%

0.3 1%
131Ll.lNG INFORMATION CAJ.CUI.Al'ION INFOltMATION
N,1111~/.loh Titlc/Clnssification' Hoully Billing Rntcs2 EOectivc Date of l lourly Rutc Actual or Avg. %or$ I lourly Range - Strni •ht OT(l • .lx) 0T(2x) From To 11 ourly Rute1 lncrcns..: for Clns:.ificnlions Sri Clwk1v;.,rly ·· Projt.·cl Mam1gcr/ $269.'16 7/112021 06/30/12022 $83.11 Not Applicuhlc Co11tr.1L·I t\·lmmgcr'' $282,9.1 7/1/2022 Or,/30//2023 $87.27 5.00% $297,08 7/1/202.1 06/30//2024 $91.6.1 5.00%
$.111.9.1 7/1/2024 06/.10//2025 $96.21 5.00%
'J\my Wung • QC/QA' $217.84 7/1/2021 06/)0//2022 $67.19 Not Applicable $228, 7.1 7/1/2022 06/30//202) $70 . .15 .S.00%
$240.17 7/1/202) 06/30//202-1 $74.08 5.00%
$252. 18 7/1/2024 06/J0/12025 S77. 78 5.00%
Hoh mumc l11iudp:1f in $379.11 7/1/2021 06/30//2022 $116.')) Nol Applicable C:tmrl:!.i.:" $398.06 7/112022 06/30//202) $122.78 5,00% $417.96 7/11202) 06/30//2024 $128.92 5.00%
$438.86 7/1/2024 116/30//2025 $135 .. 16 5.00%
D1uw, Pth·io - Sr~ Profc~~innal II• $282.JJ 7/1/2021 (16/.10//2022 $87.08 Nol Applicahlc S296.44 7/1/2022 06/30//2023 $91.43 5.00%
$311.27 7/1/2023 06/30//2024 $96,01 .I.OOo/,
$:126.83 7/1/2024 06/30/12025 $100.81 5.00%
Senn I lom:k -- S1•. Piofossional 1• $280.74 7/1/2021 061.10//2022 $86.59 Not Applicable $294 .78 7/1/2022 06/30//202) $90.92 5.00%
$309.51 7/1/2023 06/.10/12024 $95.47 5.00%
$.124.99 7/1/202•1 06/30//2025 $100.24 5,00%
Mike Knapton -M SJ'. P1(1fcssiu11al I* $27.1.91 7/1/2021 06/30/12022 $85.10 Not Applicuhle $289.70 7/1/2022 06/30//2023 $89.36 5.00%
$304. 19 7/1/202.1 06/.10//2024 $~3.82 5.00%
$.119.40 7/1/2024 06/.10//2025 $98.51 5. 00%
Richard Lucern - Sr. Professional 1• $266.25 7/1/2021 06/30//2022 $82.12 Not Applicable $279.56 7/1/2022 06/30//2023 $86.2.1 5.00%
$293.54 7/1/202.1 06130//2024 $90.54 5.00%
$308.21 7/1/2024 06/30//2025 $95.06 5,00%
Sowmya - Sr. Profossional J• $221.86 7/1/202! 06/30//2022 S68.43 Not Applicable Ch.,11Jrnsokh.1r $232.9.1 7/1/2022 06/.10//2023 $71.H5 s.oo~-. $244.<;o 7/1/2023 06/30//2024 $75.44 5.00%
$256.83 7/1/2024 06/30//2025 $79.22 5.00%
Nicoll! Dias - Sr. Prol~ssionol l + $208. 11 711/2021 06/30//2022 $64. 19 Not Applicahlc $218.52 7/1/2022 06/30//2023 $67.40 5.00%
$229.45 7/1/2023 06/30//2024 $70.77 5.00%
$240.92 7/1/2024 06/30//2025 $74 31 5.00%
Ron lba1r.1 - Sr. Proli.:ssionul J• $202.47 7/1/2021 06/30//2022 $62.45 Nol Applicable $212.60 711/2022 06/30//2023 65.57 5.00%
$223 .23 711/2023 06/30//2024 $6K.85 5.00%
$234.39 7/1/2024 06/30//2025 $72.29 5.00%
Sr. Professional JI - $315.43 7/1/2021 06/30//2022 $97.29 $109.98 $84.61) $331.20 7/1/2022 06/30//2023 $102.15 5,00% SI 15.48 $88.83 $347.76 7/1/2023 06/30//2024 $107.26 5.00% $121.25 $93.27 $365.15 711/2024 06/30//2025 $112 .63 5.00% $127.32 $97.94 St'. Profcssio1ml I - $233 .95 7/l/2021 06/30//2022 $72.16 $86.59 $57.73 $245.6.1 7/1/2022 06/30//2023 $75,77 5.00% $90.92 $60.62 $257.9.1 7/1/2023 06/30//2024 $79,56 5.00% $95.47 $63.65 $270.83 7/1/2024 06/30//2025 $83.53 5.00% $100.24 $66.R3 Profossiom1! - $163 .79 7/1/2021 06/30//2022 $50.52 $58.23 $42.81 $171.98 7/1/2022 06/30//2023 $53,05 5.00% S61.14 $44.95 $180 ,58 7/112023 06/30//2024 $55.70 5.00% $64.20 $47 .20 $1 R9.61 7/1/2024 06/30//2025 $58.48 5.00% $67.41 $49.56 /\11:1lys1 - $118.21 7/1/2021 06/30//2022 $36.46 $43.55 $29.37 $124.12 7/1/2022 06/30//2023 $38.28 5,00°/o $45.73 $30.84 S.130,JJ 7/1/2023 06/30//2024 $40.20 5.00% $48.01 S32.J8 $136 .84 7/1/2024 06/30//2025 $42.21 5.00% $50.41 $34.00 Sr. Project Supporl - $160.79 7/1/2021 06/30//2022 $49.60 $57.73 $41.46 $16K.8l 7/1/2022 or,no112023 $57..07 ,';,00% $(>0.62 $4.l.5.1 $177.28 7/1/2023 06/30//2024 $54.68 5.00% $63.65 $45.71 $IH6.14 7/1/2024 06/30//2025 $57.41 5.00% $66.83 $48.00 - 06/30//2022- $31.48 ----- ,___ _
siii9 P1 ojc.>cl !juppor1 - $102.05 $117.78 $133 ,52 7/1/2021 $39.06 • $107.15 $123.67 $140 .20 7/1/2022 06/30//2023 $33.0.1 5.00% $41.01 $25.08 $112.51 $129.HG $147.21 7/1/2023 06/30//2024 $34.70 5.00% $43.06 $26.34 $1 IR.13 $1.16.35 $154.57 7/1/2024 06130//2025 $36.44 5.00% $45.22 $27.66 NO'IES:

1. Key personnel must hc m:1rkcd \\ilh ;in asl~risk (•) nnd emr,lcirccs lllill arc subjcc110 prevailing wasc n:1:1uircnw111s musl be m.1rkccl wilh hY\l o~krisks t•"). All costs musl comply with the Federal cost pri11cir,IL~. Subconsul1:111ls will pro\'idc 1hci1 uw11 co~\ propos:1Js

2. HIiiing rHlc= ((ndunl hourly rate• (I+ (Cumbinl:d IClt+FCCJ\.t))) + (nctunl hourly rnlc •(l+Cornhlucd ICR)"' Feel). ProRt/Fec hi no1111111llcd 1u FCCM. lndircct cusl nm:s shall be updoh .. -d on :m annu,11 lmsis i11 ttccord:1m.:c-wilh the- c,~mullant 's a111111al 11crnunting pc1 iod jll\d Cilal>Jishcd I>)' n cogni1~,nl a1,;cncy or ncccpll.'d by C.ihra11s. All ci.lsls 11111sl comply wilh lhc Fctkml cosl prindpl!!5 for .l J:or 11111nl·d cm1llO) l..'1.-S ,'lrnl kl'}' pcnmnud cnft'r lhc ,1c1tlal IH)Urly rnlc i=m cb1~i,ifit.11io11s unly, enter 1hc Awragc J lnurly J<olc for Jhal cl:is):ific.11iun.

P11,:c 1 or3
159
Local Assistance Procedures Manual
EXHIBIT l 0-H2 COST PROPOSAL

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
EXHIBIT 10-H2
Cost Proposal

Page 2 ends

Consultant Kimley-Horn and Associates, Inc. D Prime Consultant D Subconsultant Project No. Contract No.
--------- Date --- ---12/08/21
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs per mile Federal Rate $ -
Travel (Airfare, Rental Car, Tolls, etc.) Actual $ -
Per Diem per day $60.00 $ -
Outside Printing and Reproduction Actual $ -
Courier I Fed Ex I USPS, etc. Actual $ -
Misc. Field Equipment/ Supplies Actual $ -
Subconsultant 1: $ -
Subconsultant 2: $ -
-
Subconsultant 3: $ -
Subconsultant 4: $ -
Subconsultant 5: $ -
January 2020
160
Local Assis1ancc Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL
Ccrtifkation of Direct Costs:

EXHIBIT 1 O-I-12
Cost Proposal
Pagc3 of3
I, the undersigned, certify to the best ofmy knowledge and belief that all direct costs identified on the cost proposal(s) in this contract arc actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part) I - Contract Cost Principles and Procedures 11 . 23 Code or Federal Rcgulalions Pnrt 172 - Procurement, Management, and Administration of Engineering and Design Related

12. 48 'ode of Pcdcral Regulations Pait 9904 - Cost Accounting l:rndards 11onrcl (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.

Pr ime Consultm1t or Suhconsultant Certifying:

Name: Anthony Podegracz Title*: Vice President --------------- - --- Si.,mture ~ ~d.~
Email: anthonv.po:rncz@kim lcv::::111
Date of Certification (mm/dd/yyyy): 12/08/21
Phone Number: 213-261-4040
Address: 660 South Figueroa Street, Suite 2050, Los Angeles, CA, 90017 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

Engineering services
January 2020
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Local Assistance Procedures Manual
Note: Mark-ups ere Not Allowed
Consultant Beyaz & Patel, Inc.

EXHIBIT 10-H2 COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE f'OR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
0Prime Consultant 0 Subconsultanl
EXHIBIT IO-H2
Cost Proposal
Page_!_ of _l__
D 2nd Tier Subconsultanl
Project No. Contract No. ------ -- ----------
J';1r1icip.itio11 Amount S ___ _____ _ Date 12/08/21
For Combined Rate
For Home Office
For Field omce

38.00%
frin c Benefit%
Fringe Benefit%
Frinue llcnc11t %

BILLING INFORMATION
140.01%
+ General &Administrative%
on
+ General &Administrative%
+ General &Administrative%
Fee

CALCULATION INFORMATION
178.01%
Combined !CR%
Home Office !CR%
Field Office !CR%

10.00%
Name/Job Tille/Classifica1ion' Hourly Billing Rates' Effective Dale of Hourly Rate Actual or Avg. % or$ Hourly Range - Slraight3 OT(I.Sx) OT(2x) From To Hourly Rate4 Increase for Subhash Patel - Structural Lead $253.06 10/1/2019 6/30/2021 $82.75 Nol Applicable Harry Wu - Structural Engineer $172.02 10/1/2019 6/30/2021 $56.25 Not Applicable Mohammad Reza CAD Design $133.03 $154.78 $176.53 10/1/2019 6/30/2021 $43.50 $00 - $00 $00 - $00
$00 - $00
$00 - $00
Clerical (non-exempt) $78.90 $91.80 $104.70 I 0/1/2019 6/30/2021 $25.80 $00 - $00 Megan Krause Administrative $00 - $00
$00 - $00
$00 - $00
.January 2018
162
Locol Assistance Procedures Mnnunl
Consultant
Project No.

EXIIIBIT 10-H2 COST PROPOSAL

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
IJeynz & Patel, Inc. 0 Prime Consultant 0 Subconsullant Conlracl No.
---------
Dnte _ _ --'l-"2/-'-0.;;.;8/~2-'---1 __ _
SCHIWUU:: OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs $0.00 Federal Rate
Equipment Rental and Supplies $0.00 Actual Cost
Permit Fees $0.00 Actual Cost
Plan Sheets $0.00 Actual Cost
Test $0.00 Actual Cost
Vehicle $0.00 Actual Cost
Subconsultant I: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
Subconsullant 5: $
EXHIDIT IO-H2
Cost Proposnl
Page _2_ of _3_
.lnnnnry 2018
163
Local Assistance Procedures Mu111rnl
EXHIBIT 10-H2 COST PROPOSAL
Ccrtiticntion of Direct Costs:

EXHIBIT 10-112
Cost Proposal

Page 3 ends

I, the undersigned, certify to the best ofmy knowledge and belief that all direct costs identified on the cost proposal(s) in this contract arc actual, rcasomible, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions or the contract

9. Title 23 United States Code ection 11 2 - Letting of Contracts

10. 48 ode of federal Rc!!ulations Part 31 - Contract Cost Principles and Procedures

11. 23 Cmlc ur Federal Regulutions Part 172 - Procurement, Management, and Administration of Engineering and Design Related

12. 48 Code or r:eclcrnl Regulations P:m 9904 - Cost Accounting Stn11dc1rds noanl (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
l'l"imc Consultant or Suhcousultanl Certifying:

Name: Subhash Patel Tille *: _ _______ P_r_es_i_de_'n_l ____ _ __ _ l'ut.g_....1..Q ~ Signature- ------- - ------- Date of Certification (mm/dd/yyyy) I 2/8/2021 Email: spalcl/i/llicvaz1)nlcl.i:01n Phone Number: (858) 451-0374 Address: I 0920 Via Frontera, Suite 210, San Diego, CA 92127 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

Structural engineering, design, studies and investigations. ,January 2018
164
Locnl Assistance Procedures Manual
Noi.:: Mark-ups are Not Allowed
EXIIIIJJT 10-1-12 COST PROPOSAL
SPECIFIC R/\Tlc OF COMl'ENS/\TION (USE FOR ON-C/\1.L OI( /\S-NEEllED CON l'RJ\C rs) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
ENCOMPASS CONSULTANT GROUI' D Prime Consultant 0 Subccmsultunl EXIIIDIT IO-H2
Cost Propusnl
Page I of 3
02'iJ Tier Subconsultant Consultant
Project No. nm Contract No. TBD
- ------ -- ----------
Participation Amount$ Tl3D (ON CALL) Date_1_2_10_8J_2_1 ___ _ For Combined Rate
SAFE HARHOR RATE Al'l'LIEI)
for I Tome Oflicc Ralc
For Field Office Rate

0.00%
Fri11 •c Ocnclit %
Fringe l3cnelit %
Frinuc B011c1i1 %
+
+
+

0.00%
General &Administrative%
OR
General &Administrative%
General &Administrntivc %
Fee
120.00%
Combined ICR%
Home Office !CR%
Field Office !CR%

10.00%
l31LLING INl'ORMATfON CALCUI.AT!ON INFORMATION
Name/Job Tille/Classification' Hourly Billing Rates 2 Ellcclivc Date orl-lourly Rate Actual or %or$ Avg. Hourly Range - for
Straighll OT(1.5x) OT(2x) From To 1 lourly Rute4 Increase Classifications Only James Fallon - Project Manager • $183.65 1/1/202 I 12/31/2021 $75.89 Not Applicable Principal Surveyor $192.84 1/1/2022 12/31/2022 $79.68 5.00% $202.48 1/1/2023 12/31/2023 $83.67 5.00%
$212.60 1/1/2024 12/31/2024 $87.85 5.00%
$223.23 1/1/2025 12/31/2025 $92.24 5.00%
Ben Hardin - Project Surveyor $166.04 1/1/2021 12/31/2021 $68.61 Not Applicable Senior Surveyor 1l $174.34 1/1/2022 12/3 l/2022 $72.04 5.00% $183.05 1/1/2023 12/31/2023 $75.64 5.00%
$192.21 1/1/2024 12/31/2024 $79.42 5.00%
1/1/2025 12/31/2025
Jedediah Hawk Associate Surveyor $101.69 $122.70 $143.71 1/1/202 I 12/3 J/202 I $42.02 $00 • $00 $106.77 $128.83 $150.89 1/1/2022 12/31/2022 $44.12 5.00% $00 - $00 $112.11 $135.27 $158.44 1/1/2023 12/31/2023 $46.33 5.00% $00 - $00 $117.72 $142.04 $166.36 1/1/2024 12/31/2024 $48.64 5.00% $00 - $00 1/1/2025 12/31/2025
Michael Urick Associme Surveyor $109.00 $131.52 $154.04 1/1/2021 12/31/202 l $45.04 $00 · $00 $114.45 $138.09 $161.74 1/1/2022 12/31/2022 $47.29 5.00% $00 · $00 $120.17 $145.00 $169.83 1/1/2023 12/31/2023 $49.66 5.00% $00 • $00 $126.18 $152.25 $178.32 1/1/2024 12/3)/2024 $52.14 5.00% $00 • $00 1/1/2025 12/31/2025
Hector Farias Assistunt Surveyor $81.22 $98.00 $) 14.78 1/1/2021 12/31/2021 $33.56 $00 - $00 $85.28 $102.89 $120.51 1/1/2022 12/31/2022 $35.24 5.00% $00 - $00 $89.54 $108.04 $126.54 1/1/2023 12/31/2023 $37.00 5.00% $00 - $00 $94.02 $113.44 $132.87 1/1/2024 12/31/2024 $38.85 5.00% $00 - $00 1/1/2025 12/31/2025
Eric Weir Assistant Surveyor $58.15 $70.17 $82.18 1/1/2021 12/31/2021 $24.03 $00 - $00 $61.06 $73.68 $86.29 1/1/2022 12/31/2022 $25.23 5.00% $00 • $00 $64.1 l $77.36 $90.61 1/1/2023 I 2/31/2023 $26.49 5.00% $00- $00 $67.32 $81.23 $95.14 1/1/2024 12/31/2024 $27.82 5.00% $00 · $00 I /1/2025 12/31/2025
SEE 10-H4 l?OR PREV. WAGE

FIELD RATES
(Add pages os necessary)
NOTES:

J, Key personnel 111.11n be marked with an asterisk(•) and employees lhal arc subject to prevailin~ wa~c requirements m11s1 he mnrkerl wilh two asterisks(••). All r.nsls m11sl r.nmply wi1h the Federal
2, The cost proposal fo1mat shall not be amencJeu.

3. Billing rate= actual houl"iy rntc • (1+ !CR)• (I+ fee). Indirect cost rates shall he updated on an annual basis in accordance with the consultant's annual accounting period and cslablishcd by n

4. For named employees and key personnel enter the actunl hourly rate. For clnssilications only, enter the Average Hourly Rate fm lhal clnssilication. 165
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal

Page 2 ends

EXHJHIT 10-H2 COST PROPOSAL

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant ENCOMPASS CONSULTANT GROUP [ Prime Consultant 0 Subconsultant ---- - ------- - ----
Project No. Date 12108121 ---- --Contract No.

SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs NIA $0.00
Equipment Rental and Supplies TBD $0.00
Pennit Fees NIA $0.00
Plan Sheets NIA $0.00
Test NIA $0.00
Vehicle NIA $0.00
Subconsultant I: $
Subconsultant 2: $
Subconsu ltant 3: $
Subconsultant 4: $
Subconsultant 5: $
January 2020
166
Local Assistance Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL
Certification of Direct Costs:

EXHIBIT 10-H2
Cost Proposal

Page 3 ends

l, the undersigned, certify to the best ofmy knowledge and belieftlrnt all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United ·rnres ode Section 112 - Letting of Contracts I 0. 48 Code or Federal Rcglrl<1tions Parl 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part I 72 - Procurement, Management, and Administration of Engineering and Design Related

12. 4, Code or rcdcra l Rcuulntions Parl 9904 - o. l t\ccounting Stnndanls Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements . Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or ubconsultont Certifyi ng:

Title*: Treasurer --------- ----- ----
Date ofCc1tificalion (mm/dd/yyyy): ----- ---12/08/21
Phone Number: 805-416-87 16
Address: ____ _ _______ 3_3_3_N_. _L_a1_1t_a1_ia_S_'t-'-, _S_ui_tc_· 2_8_7""',_C_a_m_a_ri_ll_o-'-, _C_A_9_3_0_1_0 _____ ______ _ * An individual executive or financial officer of the consultant's or subconsullant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

Land Surveying services.
.Jan11arv 2020
167
EXHIBIT 10-H4 COST PROPOSAL FOR CONTRACTS WITH PREVAILING WAGES Please Note: Consunanl completes all ttems in yellow highlight ACTUAL COST PLUS FIXED FEE; SPECIFIC RATES OF COMPENSATION ANO COST PER UNIT OF WORK CONTRACTS CONSULTANT ___ ENCOMPASS OONSULTNIT GAOLF PRIME -- SUB . CONTRACT TYPf Si!i!! a!i!> FIXED FEE {UST OIIE OF T1-IE A80VE LISTED CONrRACT TYPE SJ PROJECT NO. ___ _JBO CONTRAC T No ___ n,o DATE_ t2IBf1021 Sub Con11uttant'1 PanlclpaUon Amount $ __ rao (ONCAJ..LJ SAFE HAAIOR RA.TU Al'PLilil)
Tho PWdrfferenti.als Oelt.ll 8n11 and OeNa Fringe shown;.,, the formullls above ror loaded Bi\111\g Rein 11r1111pphc:able onl)l ...tlen perfotmin51 iorv lc11s cova,od oodu CIR delumi nations """'
ffJDdirftD1hll 11'1.-nlllngw.ai,a-lbl, au1bR1t.,.tb)t :kli. DIR, t-:.."":~~~:-1
OliLTA(TOTAL) • DU.1'"iCM MJ•
;tlame/Clllssifll:ation Pe,.IIM II Hourly Reta (only eppllcable for prevalllng wage work) Emplov-e Total Rite. DIR D~~TA Employee BIH.

Flek:IOfflca
-
FRf91 fop.al ... •fl
- ""' .... DIRBHI
·- ••m HOT a..er~s 150Ti'' ;- 7001 S!Jaht I D< .).CIOl
""'
71iOl lflDI U OI
~ededlah Hawk
I FIE~
;non-exen,pl) 11112021 12fl112021 $55.26 $8289 $11052 $31 .12 $06 .38 $11401 $14164 $42 ,02 $6303 $84 .04 $12 .3,4 $Sot36 $7537 $9638 ($3202) ($3864) ($4526) (S3202) , ...
66 • """'11'"-"T"' .. 'l""",l""'"l"'""l"'""l'"'" I"'"' I""" I I' 4202
11112022 12/3112022 $55 .26 .. , .. $110 52 $31 .12 ,,.,, $114 .01 $141 64 $44.12 '66" $M24 $12.96 $57.08 $7914 $10120 ($2930) ($3487) ($4044) ($29301 ($1671) ~ 2228 1 ($1114) tS167 0 1$ 2228 . ~\S16) 1$1816 1 tU 816f $13607 $1&370 $191 33 500% I 44,z) NIA 111'2023 12/Jt/2023 $55.26 .. , .. $11052 J31 .12
'''"'
$11401 $141 64 $4&.33 '6950 $9266 $13 .60 $5993 $83 ,o $10626 ($2645, ($3091) ($3538) ($2645) ($1340) 1 17861 ($&93) ( $1340 1 ($17 8 ~ ($1752) 1$1752 1 ($ 1752 l $13656 $1 66, 19 $19382 5.00'II, ' 4'n Pnlve 11J ngWl91'Nork 1/112024 12/31/2024 $55.26 ,a259 $11052 $31.12 $66.38 $114 .01 $141,&4 $48.66 $7298 $97 30 $14.29 '6294 $8726 $11159 tS23441 1126751 (SJOOS) ($2344) ($992) (S1322J ($661) ($992 1 i S1322 J 1$16S3J 1$1683 , tSIE8J I Sl-4118 $16881 $19644 50Mli t ..... ~
Jeded iah H.awk
fnon-axempt)
I FIE~ I 1M
021
I """"" I'"·" I"'-" I ""-" 1 $J0.90 I "'-" I $107" I""" I "'·" I"'°' I '"" I $12.3< I'"" I " 537
1 ... " I"'"" I "" 4S) I"" OBJ I "
2 "" I"""''"""' I '" "T"' "' I "'"'' I"" so, I""'" l"'""I ""·" I ""·" I "'" 9 1 I' !!.~: I N/A 11112022 12/3112022 $51.28 $76.92 $102 56 $30.90 $82 ,18 $107 ,82 $133 46 $44 .12 $6618 $88 .24 $12.96 $57. 08 $7914 $101 20 ($2510) ($2868) ($32 26) ($2510) ($10 74) ($14 32) IS716 J 1$1074 1 1$14 32) j$1794) m 794 t IS17 94 1 $131 87 $15751 $183 .15 500% I 1/112023 12/3112023 $51.28 $76.92 $10256 $30.90 $8218 $107 ,82 $1J346 $46.33 $6950 $92 .66 $13.60 $5993 $8310 $10626 ($2225) ($2472) ($2720) ($2225) ($743) I ($990) jS49'5 J ($7.43) ($990) lS17,30) ($ 17301 1$1730 1 $134 ,36 $16000 $18564 500% I 4633 Pmva fflng\/VlgeWorlr 111/2024 1213112024 $51.28 $76.92 $102 56 $3090 $82 18 $107 82 $13346 $48 65 $72 98 $97 30 $14.29 $62 94 $87 26 $111 59 ($19 24) ($20 56) ($21 87) ($19 24) ($3 95) ($5 26) IS2 63) ($3.95) ($5 26) t S16 61) IS16 61 ) , s1s 611 $136 98 $16262 S18 i,.25 500% I -4865 C>w~
1 ,,.~ 1 ,,,,
2021
, .,,,,/20,,, .,.,., .. ,.
9 , •
11052
1 "'" I ·
6638
, •
11401
, ...... , ..... , .. o,. 1 ··1.12 r,,_,,, ... _,,1 ..
163
, .,
8 _ .. , ... ,,,, , I..,,., l'"""l'"' "T"""'""'°'l"'"o'I "" ,,.1 , . .,.0), .... 8 ,, 1 ..... ,, r .... ,r,,,,., .. so,. 1 $17
801
1 1 · ,, ..
111n.022 12/31/2022 SS526 $,8289 $1105 2 $3112 $5638 $11401 $14164 $36 ,24 $5286 $70 .48 $11 .85 $4709 S64 71 $8233 {liJ929J l$4 930 j 1S593 H 1$3929 1 tSJ003f tS4004 1 !S2002J ilJOOJ) ($4004) tS192T) (S1927J (S1927) S1 2457 $15220 $179113 5.oo,i, $ 3t:UI ... 111n.023 12/3112023 .$55 26 $82 89 S110 52 $3112 $66 38 $114 01 $14 1 64 $37 ,00 SS5 50 S7"4.00 $12 .45 $49 45 $67 95 sais 45 ($36 9 J't fS46 06' tS55 191, 1$3693 1 11,27 J9i , tS36 52t ($18 26) ($27 39) ($35 52) j$1S67) me 57) ($18 67) $126 -47 $1S4 10 $181 73 5.00% $ 3700 111/2024 12131fl024 $5S 26 $82 89 $110 S2 $3112 $86 38 $114 01 $141 64 SJ8 85 $58 28 sn-10 S13 .07 $51 ,92 $71 34 $90 n ($34 46t 1$42 67' 1sso 87J 1$34 461 1$24 621 jS32 821 ($16 41) ($24 62) (S:J2 82) ($18 05) ($1" 05) ($18 05) $128 "'" $156 11 $183 74 S.OO"A, $ JIH Htn01'FMlat
no,,.<IMl"'l(J

I FIEW I
111
~
021
1 1213112021
I'"·" I"'" I "°'" I $JO
90 I ""' 1 ·
10762
1 """I "'·" I $SO"' I '"-" I $1l.2' I"'·" I '"" I $7G
41 I"""' I ""
191
I"" OS) I"""' I"""''"" "'I""'" I"""' I (SJS
441
I "
19 '" I '$19 "' l'""l'l'I"" I "'". I '""' I 1 · !!:1 NIA 11112022 12/3112022 $51.28 $76 92 $102 56 $30 90 $82 18 $107 82 $133 46 $36.2-4 $52 86 S70A8 $11.85 $47.09 $64 71 $82.33 IS35 091 ($43111 IS511J t ($35 09J lS24 06} ($32 08) ($16 04) ($24 06) ($32 08) ($19 05) (Sli OS) ($19 05) $120 37 $146 01 $171 65 500% $ 11112023 1213112023 $51.28 $76 92 $102 .56 $30.90 $82 18 $107 82 $133 46 $37 ,00 $55 50 $74 00 $12 .45 $49 .45 $67 .95 $86 4S lS32 73/ ($39 371 tS47 01 / tS32 7Jj ($21 42) 1($28 56 ) ($14 28) ($21 42) ($28 56) {518 45/ ($18 45) ($18 45) $122 27 S1.fll7 91 $173 55 5 00".4 I 37.00 F ...... ..._ 11112024 1213112024 $51.28 S76 92 s102 56 $3090 ss2 18 s10182 $133 46 nus .ssa 28 sn.10 S13 .07 ss1.92 s11 34 S9on S30 261 (S36 461 1$4269 1 1530 2s1 (S18 65) (S24 116! 1s12 43) ,s1a 65! (S24 86) CS1Hl3> 1s11 i,J) cs118JJ s124 .2i, S149 ;2 S175 56 5 00% 1 311116 1kottP.atten
:non4,:empt )
I FIE~ I ,nno,, , ,,,,.,,,,, I "'-"I $8
2 "1 '"o" I ""
2 1 ""' I $1l40I I""" I '""" 1
36618
1 ,,._,. I"'·" I'"
67 I ,,.., I $10l9
9 1"" '"I (SJ40BJ I""'" I"""'!''"'"'""
2 "1"" "'I"""' I "
2 "" I ('17 "'I""
371
l'"'"'T"'" I'""' I'"'" I I'
'412
111n022 1213112022 sss.2e $8289 s1 1052 s3112 S86J8 s114.01 s14154 $4633 $6950 S9266 s14 .4<1 saon sa3 .93 $10110 ti » a.11 (SJ0081 (S3454J <s25eq (S134o) <S17B6) <SB93> (S134o) (s11!16) (s1ss t11 1s166B I m ..: m s1311J $16536 $1s299 500% , 415.33 1 NIA 111n.023 12/3112023 S55.26 $8289 S\1052 $3112 $6638 S\1401 $14164 $4865 $7298 $97 .30 $15.16 $6381 $8813 $11246 (Ul',f'\ (S25Ml ($29 18) (S22S7) ($992) , ($1322) ($661) ($992) ($1322) ($1596 1 j$1596 1 IW l, tq S140 ,JO $167"93 $19556 500% I 4866 ,Pravaang Wega Work 111/2024 1213112024 $55.26 $8289 $11052 $3112 $8638 $11401 $14164 $5106 S7662 $10216 $15.92 $6700 $9254 $11808 (S19J8) ($2147) ($23 56) ($1938) ($627) ($636) ($418) (S62T) ($636) iS1520 f j$1520 1 fl l :0 2'0;1 $14300 $17063 $19826 500% I 61.011 .PartyC t\lef
Sco11P,1!1ui
ic,.o,. ..... .

I FIELD I 'M02
1 1 ·,,,,~,,, l .. '"l"'"l"°'"I ''°·'° I'"" I "'"
2 l""'"l "''" l'""l '"" l"''"l'""I ""' l"°'"l"'""l "
2 "" I'"' 'nl"""'l'"'"'i""'"I """I"'"" I I'"·'" I '""SI r"'·"l l"""T"' 08 I'""' I ""
36 1 I' ::!! I NIA 111n.022 12/31120Z2 $51 28 S76 92 $1 02.56 $30 &O $82 .18 $107 82 S13 3A6 $46.33 $89 so $92 .66 s1o1.111111 $60 77 $83 93 $107 .10 (S21 41' ($2389) 152ft 36) !S21 41) !S7 43) ($9 90) (S4 951 ($7 431 ($9.90) 1$16 46,i 1$16 461 IS16 46t $133 53 $15917 $184 81 5 oo,c, t 11112023 12/31/2023 5!;128 $7692 $102S6 $30.90 $82 ,18 $10782 $1334 6 UB-65 $7298 $97 .30 $15 .16 $6381 $8813 $112 46 ($18 37J ($1969) ($21 00) ($18 37) ($395) I ($52 61 (S2.63) !S3.951 ($5 .26) 1$15 741 IS1574 J 1$15 741 $13610 $161 74 $187 38 soo,i, I <866 ~--
111/202.fll 12/31fl024 $512a $7692 $102S6 53090 $,8218 $10782 $13348 $5108 $7662 $10 2..16 .$15.92 $6700 $9254 $11808 ($1 5 18) ($1528) (SIS38 ) ($1518) (SOJO! ($040) {S020) (SOJO) ($0.40) IS149 8f 1$1498 1 f$14';1 S, $13880 $16444 $19008 5~ I 0106 ...
- I FIE~ I ,imo>1 I """
2021
1'"·
2 ·1 "'
89 1 """ I '"" I ' .. " I Sl140I I $14'
84 1 "40' I"'°' I $4B.06 I '"' I"'" I ""' I $S2" l""o,, I "'"'' I''""' I ""°''I'""" i """'l"'""I '"""I""'" I"""' I"""' I"""' I""" I ... , 8 , I""" I 1 · ''°' 11112022 1213112022 $55.26 $8289 $11052 $3112 $8638 $11401 $14164 $25.23 $3785 $50<16 $453 $2976 $4237 $5<1199 1$5662 1 ($71641 ($8665 ) !S5662 I ($4505) ($6005 ) (SJ003J ($4505) ($6006) ($2659) ($2659) (S2659) $11768 $1 453 1 $17294 500"' I 2523, N/A ,,1n.02J 1213112023 $55.26 $82 89 $110 52 $3112 $86 36 $114 01 $141 64 $26 49 $39 74 $52 98 $4 75 $31 24 $44 .49 $57 ,73 1$5514 1 lS69 521 ($83 91 1 , ,ss 14) ($43 16) I ($57 s" , ($28 77) ($43 16) ($57 54) ($26 37, ($26 37) ($26 37) $119 24 $146 87 $174 so 500% • 2'48 Pruvdlng W•ga Work 11112024 1213112024 $55.26 $82 89 $110 52 $3112 $66 38 $114 01 $141 64 $27111 $41 n $55 62 $4 ll9 $32 BO $46 70 $60 81 tS53 581 ($67 31 J CS81 OJ. ($53 58) ($4118) ($54 90) CS27 45) ($41 18) ($54 90) ($26 13) ($2613) ($2613) $120 88 $148 51 $176,14 500% I 2781 ~
bw,, .... ...., I ""~ I rnnooi I ',,,'"°'T'"l"."I SI02 ~ I'~'° I""' I $10 782
1"''~1 "'°' 1'
36 ~1 "'06 1 "" l"'"l '~
36 1 ~"' , .. ,, .. ,, ,~,.,, I ""~r, .. r oM,l(S5'SOr'7~I IMOM) I "~"T""" I """T""'J'"I~ I "'rn I SIS>27 I I' !:.:: I WA 1/IQ02 2 12/3 1/2022 $51.28 $7692 S10256 $30.90 $821B $107112 $13346 $26 .23 $37 ,85 $5046 $<153 $2976 $4237 $5499 f1st,4J ($6S45) ($7847) ($52421 ($3908) CS5210 ) ($2605) ($3908) ($5210) j$2637) fS2637 1 ($2637 1 $11348 $13912 $16 476 50(),i, I 111/2023 12/'Jl/2023 $51.28 $76 92 $1 02 56 $30.90 $82..18 $107.82 $1 33.46 $26.49 $39.74 $52 98 $4 75 $31 ,24 $44 49 $57 73 ($5094) ($6333) (S7S 73) ($5094) ($37 19) '1549 58) (S24 79) ($37 19) ($49 58) (S26 15) 1$26 lSJ ($261 51 $115 04 $14068 S\66 32 500% 1 2110 "9=.-.-~ 111/2024 1213112024 $51.28 $7692 $10256 $3090 $8218 $107 ,82 $1334 6 $27.81 $41 .n $5562 $499 $32110 S46.70 $6061 ($~":J3S) ($6112) ($7285) ($4:;38) ($3521) ($4694) ($23471 ($3521) ($4694) IS2591) IS259 1t ($2591 1 $11668 $14232 $16796 soo,i, I 27.81 168
.ol·al Assistance Pruccllurcs M:11111nl
.l'J' 1~.o,
EXIIIBIT I0-112 COST PROPOSAL
Sl'ECIFIC RATE OF COMl'ENSATION (USE FOR ON-C Al.I. OR AS-NEEDED CON rRACTS) (CONSTIUICTJON ENrnNEERING AND INSl'ECTION CONTRACTS)
Nole: Mnl'k•ups nrc Nol Allowed l2022-202e 1
Consultant l'AlllKH CONSULTANTS, INC. o P1imc Consullanl x Subconsultnnl n 2"d Tier S\lbconsu\tant Pl'oject No. RH.) No. 21-04 Co11Lrm.:t No. NIA Participation Amount $ Onie 12/6/2021 Fringe lknclil 40.52% ·I Gcnc1·al &Adminh.tralivc 120.41 160.9J~. Combined !CR% OK
Fringe lknclil % + G.:11crlll &Adminh.tr<1livc % I lomc OOicc ICR'?-• Fringe Ilene lit% 1 General &Adminislrath·c % Fic:kl Oflice ICR% Fee
llll.L.ING INFORMATION CAI.CULAllON lNFORMATJON
Nnn1c/Job ·1·illdClassilica1ion1 I lm11·ly llilling Rules' Elli:c1ivc dale of hom ly rnlc Ac111a\ or %or$ Avg I lourly range • for Straight OT(l.5x) OT(2x) From To llourly lncr~il!<iC classific<1tions only RJlc1
Gary Parikh $ 308.09 NA NA 1/1/2022 12/31/2022 $ 107.34 Nol Applicable Principal.in-charge $ 317.33 NA NA 1/1/2023 12/31/2023 $ 110.56 3.00% Nol Applicable Exempt $ 326.85 NA NA 1/1/2024 12/31/2024 $ 113.86 3.00% Nol Applicable $ 336.66 NA NA 1/1/2025 12/31/2025 $ 117.29 3.00% Nol Applicable $ 346.76 NA NA 1/1/2026 12/31/2026 $ 120.81 3.00% Not Applicable David Wang $ 223.30 NA NA 1/1/2022 12/31/2022 $ 77.80 Nol Applicable Sr. Project Engineer/ $ 230.00 NA NA 1/1/2023 12/31/2023 $ 80.13 3.00% Not Applicable QA QC Projacl Manager $ 236.90 NA NA 1/1/2024 12/31/2024 $ 82.54 300% Not Applicable Exempt $ 244.01 NA NA 1/1/2025 12/31/2025 $ 85.01 300% Nol Applicable $ 251.33 NA NA 1/1/2026 12/31/2026 $ 87.56 3.00% Not Applicable Senior Project Engineer - TBD $ 206.23 NA NA 1/1/2022 12/31/2022 $ 71 .85 $ 50.00 lo $ 80.00 Senior Projecl Engineer $ 212.41 NA NA 1/1/2023 12/31/2023 $ 74.01 3.00% $ 51 ,50 lo $ 82.40 Exempt $ 218.79 NA NA 1/1/2024 12/31/2024 $ 76.23 300% $ 53.05 to $ 84.87 $ 225.35 NA NA 1/1/2025 12/31/2025 $ 78.51 3.00% $ 54.64 lo $ 87.42 $ 23211 NA NA 1/1/2026 12131/2026 $ 80.87 300% $ 56.28 lo $ 90.04 Sen. Engineering Geologist - TB $ 215.27 NA NA 11112022 12/31/2022 $ 75.00 $ 60.00 lo $ 80,00 Sen. Engineering Geologist $ 221.73 NA NA 1/1/2023 12/31/2023 $ 77.25 3.00% $ 61.80 lo $ 82.40 Exempt $ 228.38 NA NA 1/1/2024 12/31/2024 $ 79.57 300% $ 63.65 lo $ 84.87 $ 235.23 NA NA 1/1/2025 12/31/2025 $ 81.95 300% $ 65.56 Lo $ 87.42 $ 242,29 NA NA 1/1/2026 12/31/2026 $ 64.41 300% $ 67.53 Lo $ 90.04 Project Engineer - TBD $ 170 81 NA NA 1/1/2022 12/31/2022 $ 59.51 $ 50.00 lo $ 65.00 Project Engineer $ 175.93 NA NA 1/1/2023 12/31/2023 $ 61.30 3.00% $ 51.50 lo $ 66.95 Exempt $ 181.21 NA NA 1/1/2024 12/31/2024 $ 63.13 3.00% $ 53.05 Lo $ 68.96 $ 166.65 NA NA 1/1/2025 12/31/2025 $ 65.03 300% $ 54.64 lo $ 71.03 $ 192.25 NA NA 1/1/2026 12/31/2026 $ 66.98 3.00% $ 56.28 lo $ 73.16 l'rojecl Geologist - TBD $ 140.67 NA NA 1/1/2022 12/31/2022 $ 49,01 $ 40.00 to $ 60.00 Project Geologist $ 144.89 NA NA 1/1/2023 12/31/2023 $ 50.48 300% $ 41.20 to $ 61 .80 Exempt $ 149.24 NA NA 1/1/2024 12/31/2024 $ 51.99 3.00% $ 42.44 lo $ 63.65 $ 153.71 NA NA 1/1/2025 12/31/2025 $ 53.55 3.00% $ 43.71 lo $ 65.56 $ 158.33 NA NA 1/1/2026 12/31/2026 $ 55.16 3.00% $ 45.02 lo $ 67.53 Sen. Slaff Engineer - TBD $ 129.16 NA NA 1/1/2022 12/31/2022 $ 45.00 $ 40.00 to $ 50.00 Sen. Slaff Engineer $ 133 04 NA NA 1/1/2023 12/31/2023 $ 46.35 3.00% $ 41,20 lo $ 51 .50 Exempt $ 137 03 NA NA 1/112024 12131/2024 $ 47.74 300% $ 42.44 to $ 53.05 $ 141.14 NA NA 1/1/2025 12/31/2025 $ 49.17 300% $ 43.71 lo $ 54,64 $ 145.37 NA NA 1/112026 12/31/2026 $ 50.65 3.00% $ 45 02 to $ 56.28 Slaff Engineer - TBD $ 117.22 $ 137.64 $ 158 06 1/1/2022 12/31/2022 $ 40.84 $ 30.00 Lo $ 50.00 Slalf EnginC!llr $ 120.74 $141.77 $ 162.80 1/1/2023 12/31/2023 $ 42.07 300% $ 30.90 Lo $ 51.50 Non-Exempt Calegory $ 124.36 $146 .02 $ 167.69 1/1/2024 12/31/2024 $ 43.33 300% $ 31.83 to $ 53.05 $ 128.09 $ 150 40 $ 172.72 1/1/2025 12/31/2025 $ 44.63 300% $ 32.78 to $ 54.64 $ 131.93 $154.92 $177.90 1/112026 12/31/2026 $ 45.97 3.00% $ 33.77 to $ 56.28 Field Engineer/Geologist - TBD $ 151.43 $ 177.81 $ 204.19 1/1/2022 12131/2022 $ 52.76 $ 25.00 to $ 60.00 Field Engineer/Geologist $ 155.98 $183 .15 $ 210.32 1/1/2023 12/31/2023 $ 54.34 3.00% $ 25.75 lo $ 61 .80 Non-Exempt Category $ 160.66 $ 188.64 $ 216.63 1/1/2024 12/31/2024 $ 55.97 3.00% $ 26.52 to $ 63.65 $ 165.48 $ 194 30 $ 223.13 1/1/2025 12/31/2025 $ 57.65 3.00% $ 27.32 to $ 65.56 $ 170.44 $200.13 $229.82 1/1/2026 12/31/2026 $ 59.38 3.00% $ 28,14 to $ 67.53 Senior Technician - TBD $ 110.10 $ 129.28 $ 148.46 1/1/2022 12/31/2022 $ 38.36 $ 30.00 lo $ 45.00 Senior Technician $ 113.41 $133 ,16 $ 152.92 1/1/2023 12/31/2023 $ 39.51 3.00% $ 30.90 to $ 46.35 Non-Exempt Category $ 116.81 $137.16 $ 157.50 1/1/2024 12/31/2024 $ 40.70 3.00% $ 31.63 lo $ 47.74 $ 120.31 $141 27 $ 162.23 1/1/2025 12/31/2025 $ 41.92 3.00% $ 32.78 to $ 49.17 $ 123.92 $145 51 $167.10 1/1/2026 12/31/2026 $ 43.17 3.00% $ 33.77 lo $ 50.65 Dratting/Gadd Tech - TBD $ 120.09 NA NA 1/1/2022 12/31/2022 $ 41.84 $ 25.00 to $ 50.00 Dralting/Cadd Tech $ 123.69 NA NA 1/1/2023 12/31/2023 $ 43.10 300% $ 25.75 lo $ 51.50 Exempt $ 127.40 NA NA 1/1/2024 12/31/2024 $ 44.39 3.00% $ 26,52 to $ 53.05 ~------·- $ 131.23 NA NA 1/1/2025 12/31/2025 $ 45.72 3.00% $ 27.32 lo $ 54.64 $ 135.16 NA NA 1/1/2026 12/31/2026 $ 47.09 3.00% $ 28.14 lo $ 56.28 Contract Administration - TBD $ 222.07 NA NA 1/1/2022 12/31/2022 $ 77.37 $ 7000 lo $ 85.00 Contract Administration $ 228.73 NA NA 1/1/2023 12/31/2023 $ 79.69 3.00% $ 72.10 lo $ 87.55 Exempl $ 235.59 NA NA 1/1/2024 12/31/2024 $ 82.08 3.00% $ 74.26 to $ 90.18 $ 242.66 NA NA 1/1/2025 12/31/2025 $ 64.54 3.00% $ 76.49 lo $ 92.88 $ 249.94 NA NA 1/1/2026 12/31/2026 $ 67.08 3.00% $ 78.79 lo $ 95.67 1:xhibit JU-I
rage 1 or
,htnllHn' 201
169
Locnl Assislnncc Procctlnres Mamrnl JM1ibit IO-H
Cost Pro osnl
Nol•: Mnrk-u1,s nrc Not Allowed
EXHIBIT 10-112 COST PROPOSAL

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant PARIKH CONSULTANTS, JNC.o Prime Consultant x Suhconsultant l'rojecl No. _________ C_onlract No . ..;N.cl.:..A.:_ _ ________ _ _ Darc _____ 12_1_6_12_0_2_1

SCHEDULE OF OTHER DIRECT COST ITEMS
D,•scri1>Ciou or 11cm Quan Iii)' Unil Unil Cosl 'l'olul ·rro.\'clmqulpnu.•ut Per Diem Pl!r Federal nnd S1a1c Guidelines 11<:r por,;onln isJu AT COST Pc,mils {AT COST) lump sum ATt:OST
l)rilliu~ Mol>-l)cmub 111:r hour I ATC:OST
L>rilli1mt.:o.<1s/,hill I i\T COST
Gr\Jullne. oChol"" c,.,, Coot) I AT COST
Culling O!JJ>o)snl (111:r dnun) I ATC:OST
Tn,mc control (r,,:r shin) I ATC:OST
lteJ1r!•luctio11 (our,.id~) I AT COST
'''""'"'"-''"".,.11L l,,,il'•v u,._.._ .._,., y ._.,. .. ,,,_,,,_ \11., .. ..,.,.., IUI • ..,..,, 1y.., ... o1 ¥0l, J I A'1' l' ), 'I' 1-Jaz Materials Testing (outside ~ervices) I AT COST
Subconsullant 5:

Subconsultont 6:

Note; VENDOR COSTS VARY DUE TO PREVAILING WAGE AND UNION FACTORS, THEREFORE ARE BASED ON AT COST AT THE TIME OF SERVICES.

NOTES:

1. List otl1er direct cost items with estimated cosls. These costs should be competitive in lheir respective induslries and supported wilh appropriate documentatiot I.PJ> 1~-01

2. Proposed ODC Hems should be consislenlly billed regardless of client and contract type.

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

4. Items such as special tooling, will be reimbursed at aclual cost wilh supporling documentation (invoice).

5. Items lisled above lhal would be considered "tools of the trade" are nol reimbursable as other direct cost. 6, Travel related costs should be pre-approved by lhe contracting agency and shall nol exceed current State Departmenl of Personnel Administration rules.

7. If mileage is claimed, the rate sl1ould be properly supported by the consultant's calculation of their actual oasis for company vehicles. In addition, the miles claimed should be supported by mileage logs.

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

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

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Page 2 ends

.r11n11nrv ?OUI:
170
Local Assistance Procedures Ma1111al
Certificatio n of Direct Costs:

EXHIBIT 10-H2 COST PROPOSAL
Exhibit 10-H
Cost Pro osal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. T itle 2J \Jnitcd St;llcs ot.lc St:ctinu 111 - Letting of Contracts

4. 48 Cude.: or Fcd,mtl Rcg.uhuiclns Pa1·1 31 -Contract Cost Principles and Procedures

5. 23 ode nf f ederal l~i:g.11Ia1ions l';,n 172 - Procurement, Management, and Administration of Enl,\incc.:rinA 11 11tl Desil,\11 Related Service

6. :!..a£:.mie_<> (1"cdcn1I Rc!!ttlatiuns Part 9904 - ('ost t\c~P...!!!llu)g~rn11<:lru:g~.ll.orn:q (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and stale requirements. Costs that are noncomoliant with the foderal and state reauirements are not eli!!ible for reimbursement.

Prime Consultnnt oa· Subconsultnnt Certifying :

Name: Gary Parikh Title* : Senior Principal
Signature : Date of Certification (mm/dd/yyyy) : 12/6/2021 ---------- Email : gpa rikh@par jkhnet.com Phone Number: 408-452-9000 ----- - ----- - ---
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is provid ing under the proposed contract:

GEOTECHNICAL ENGINEERING SERVICES
LPP 15-01

Page 3 ends

.January 2018
171
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
EXHIBIT “C”
I

NSURANCE REQUIREMENTS
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY- HORN AND
ASSOCIATES, INC. FOR ON-CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
Insurance - Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

M
inimum Scope and Limit of Insurance
C
overage shall be at least as broad as:

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

O
ther Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
172
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
A
dditional Insured Status
The City, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Pr
imary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

N
otice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Cla
ims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 173
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

EDERAL REQUIREMENTS
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY- HORN AND
ASSOCIATES, INC. FOR ON-CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04

ARTICLE IV PERFORMANCE PERIOD
A. Thi
s AGREEMENT shall go into effect on February 14, 2022, 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 February 14, 2023, unless extended by AGREEMENT amendment.

B. C
ONSULTANT 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 per
iod 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. C
ONSULTANT 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. I
n 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. S
pecific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. A
fter 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 175
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
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. Tas
k 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.

CO
NSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. R
eimbursement 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. W
hen 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. P
rogress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. C
ONSULTANT 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. CO
NSULTANT 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 176
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City o
f Simi Valley, Public Works Department
Attn.: Fuad Shamout, Senior Engineer
2929 Tapo Canyon Road
Simi Valley, CA 93063
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 agr
eed 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 c
ompleted.

O. Task Orders may no t be used to am end the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total a
mount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT s
hall not exceed $145,000.00. It is understood and agreed that there is
no guarantee, either expressed or implied that this dollar amount will be authorized under t
his AGREEMENT through Task Orders.

ARTICLE VI TERMINATION
A. This A
GREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, repor ts, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCA
L AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULT ANT 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 177
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. N
otwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. I
n the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The C
ONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The C
ONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. A
ny costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. W
hen a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Unif orm 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 adminis tering 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. 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 178
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. A
ny 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. N
ot later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. N
either 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. C
ONSULTANT 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 Part 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. C
ONSULTANT’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 revi ew 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 179
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breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1) D
uring 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 AGENC Y 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.

A
ccepted rates will be as follows:
a. I
f 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. I
f 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. I
f 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) I
f the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4) CO
NSULTANT 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 180
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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. N
othing 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 C
ONSULTANT 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. A
ny 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. C
ONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. A
ny substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. P
rompt Progress Payment
C
ONSULTANT 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 mor e than 150 percent of the disputed amount. Any violation of this requirement shall constitute a 181
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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.

I
n any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subconsultants.

G. P
rompt Payment of Withheld Funds to Subconsultants
The LO
CAL 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.

N
o 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.

A
ny violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. P
rior 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.
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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. A
ny equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1) 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 com petent 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) R
egulation 2 CFR Part 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. N
o 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 C
ONSULTANT 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/l abor-compliance ). These wage
rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site.

Prevailing wages will be applicable to all inspection work performed at LOCAL 183
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AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. G
eneral 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. P
ayroll Records
1) E
ach 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 i
nformation contained in the payroll record is true and correct. b. The em
ployer 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 pay
roll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A
certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A
certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
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c. The publ
ic 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) E
ach 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) A
ny copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5) The C
ONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6) The C
ONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. W
hen 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. Pe
nalty
1) The C
ONSULTANT 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 185
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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 am
ount 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) I
n 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) I
f a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The A
GREEMENT 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 C
ONSULTANT 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. U
pon 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. 186
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d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5) P
ursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6) I
f 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. H
ours of Labor
1) E
ight (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. E
mployment of Apprentices
1) W
here 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) C
ONSULTANTs 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 187
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contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for a dditional 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. D
uring 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. CO
NSULTANT 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 C
ONSULTANT 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 C
ONSULTANT 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 C
ONSULTANT warrants that this AGREEMENT was not obtained or s ecured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

FEDERAL FUNDS FOR LOBBYING
A. The C
ONSULTANT certifies, to the best of his or her knowledge and belief, that:
1) N
o 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) I
f 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. Thi
s 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 C
ONSULTANT 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 C
ONSULTANT’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 exem pt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. D
uring 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 189
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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. C
ONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

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

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

G. The C
ONSULTANT, 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 C
ONSULTANT shall comply with regulations relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 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.
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I. C
ONSULTANT, 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 C
ONSULTANT’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) I
s not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2) H
as not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3) D
oes not have a proposed debarment pending; and
4) H
as 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. A
ny 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. E
xceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE)

PARTICIPATION
A. C
ONSULTANT, 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 191
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shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

C
ONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (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 DB
E 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:
1) 100 per
cent counts if the materials or supplies are obtained from a DBE manufacturer.
2) 60 per
cent counts if the materials or supplies are purchased from a DBE regular dealer.
3) O
nly 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. 49CFR26.55 defines "manufacturer" and "regular dealer."
Thi
s AGREEMENT is subject to 49 CFR Part 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 12%. 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. C
ONSULTANT 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 E xhibit 15-H: DBE Information – Good 192
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Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. C
ontract Assurance
U
nder 49 CFR 26.13(b):

CO
NSULTANT, 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.

Fai
lure 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:
a. W
ithholding monthly progress payments;
b. A
ssessing sanctions;
c. Li
quidated damages; and/or
d. D
isqualifying CONSULTANT from future proposing as non-responsible E. Ter
mination and Substitution of DBE Subconsultants
CO
NSULTANT shall utilize the specific DBEs list ed 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 substitute 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, included in the Bid.

The LO
CAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1) Li
sted DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2) The LO
CAL 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.
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3) Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4) Li
sted 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) Li
sted DBE's work is unsatisfactory and not in compliance with the contract. 6) Li
sted DBE is ineligible to work on the project because of suspension or debarment.
7) Li
sted DBE becomes bankrupt or insolvent.
8) Li
sted DBE voluntarily withdraws with written notice from the Contract. 9) Li
sted DBE is ineligible to receive credit for the type of work required. 10) Li
sted DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11) The LO
CAL AGENCY determines other documented good cause.

C
ONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.

C
ONSULTANT’s request to use other forces or material sources must include:
1) O
ne or more of the reasons listed in the preceding paragraph. 2) N
otices from CONSULTANT to the DBE regarding the request. 3) No
tices from the DBEs to CONSULTANT regarding the request.

I
f a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. C
ommitment and Utilization
The LO
CAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. 194
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The LOCAL AGENCY shall request CONSULTANT to:
1) N
otify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation. 2) P
rovide this notification before starting the affected work. 3) M
aintain records including:
a. N
ame and business address of each 1st-tier subconsultant. b. N
ame and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier.
c. D
ate of payment and total amount paid to each business (see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment)
I
f CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

I
f 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 a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17- O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

U
pon 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.

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

G. A
DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is re sponsible 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. To determine whether a DBE is performing a CUF, 195
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evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

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

I. I
f 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.

J. C
ONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

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

L. A
fter 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 shall complete and email the Exhibit 9 - F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected]
with a copy to the Agency.

M. A
ny subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
196

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SI MI VALLEY AND KIMLEY-HORN AND
ASSOCIATES, INC. FOR ON-CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
T
HIS CONTRACT is made and entered into in the City of Simi Valley on this 14th day of February 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and Kimley-Horn and Associates, Inc., a North Carolina Corporation, hereinafter referred to as CONSULTANT.

RECITALS
W
HEREAS, on November 10, 2021, CITY requested proposals for the On-Call Civil Engineering Design Services, RFQ NO. PW 21-04 and W
HEREAS, pursuant to s uch request, CONSULTANT submitted a proposal, which was accepted by CITY for the services.

N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

AGREEMENT

1. R
ecitals. The foregoing recitals are true and correct and are a part of this CONTRACT.

2. Te
rm. The term of this CONTRACT shall be from the date this CONTRACT is made and entered, as first written above through a one year term. This CONTRACT may be extended for two additional one- year term s, upon mutual written consent of the CITY and CONSULTANT. Pricing shall remain firm during the entire term of the contract. In the event a price increase is negotiated at the time of an extension period, the increase rate shall not exceed the Consumer Price Index (CPI) rate for Los Angeles - Riverside-Orange County area for the previous 12- month period (March to March). It is understood that the CONSULTANT’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the CITY’S right to issue, and the CONSULTANT’S right to accept, additional Purchase Orders. Either party may terminate this CONTRACT at any time prior to the expiration date by giving thirty (30) days advance written notice thereof to the other party.

3. D
escription of Services . The s ervices to be performed by CONSULTANT are as follows:
(
Identify services to be performed) . CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same. 197
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4. Compensation and Payment.

A. T
he total compensation payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $300,000.00 (the “Not-To- Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.

B. A
fter CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not-to-Exceed Amount unless otherwise agreed to by the parties in writing.

C
. Payments to the CONSULTANT shall be made within 30 days after receipt of an original invoice from the CONSULTANT and acceptance of the ser vices by CITY.

A. CO
NSULTANT shall perform as required by this CONTRACT.

CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

B. C
ONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations.

C. C
ONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.

D. C
ONSULTANT acknowledges CITY may contract with other
parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
6 . Audit.

A. A
t any time during normal business hours and as often as the CITY may deem necessary, CONSULTANT shall make available to CITY for insp ection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time 198
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sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.

B. C
ITY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to CITY as a condition precedent to any payment to CONSULTANT. 7 . Hold Harmless and Indemnification . To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to CITY, indemnify, and hold harmless the CITY, its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, injury to or death of an employee of CONSULTANT or its sub - consultant), expense and liability of every kind, nature and description (including, court costs, attorney’s fees, l itigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, an y sub -consultant, anyone directly or indirectly employed by them, or anyone that they control.

T
o the extent there is an obligation to indemnify under this Section of this CONTRACT; CONSULTANT shall be responsible for damages resulting from CONSULTANT’S negligence, recklessness, or willful misconduct. The provisions of this Section survive completion of the services or the termination of this CONTRACT. The provisions of this Section are not limited by the provisions of this CONTRACT relating to insurance . The CONSULTANT shall thoroughly investigate any and all claims subject to the provisions of this Section, and indemnify the CITY and do whatever is reasonably necessary to protect any and all Indemnitees.
8 . Amendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONSULTANT.
9 . Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 10 . Personal Services. This Agreement is for professional services, which are personal to CITY. Sri Chakravarthy is deemed to be specially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicat e with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.
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11. Termination. If, during the term of this CONTRACT, C ITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach. The CITY shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount. 12 . Personal Services. This Agreement is for professional services, which are personal to CITY. Sri Chakravarthy is deemed to be specially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.
1 2. Delivery of Reports in Cases of Termination . If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, the CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the CITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination.

The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
1 3. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto. 1 4. Independent Contractor . It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.

CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or other benefits CITY provides for its employees.

CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed. Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.
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15. Time of Performance . Time is of the essence in this CONTRACT.

Notwithstanding any other provisions of this Agreement, the CONSULTANT shall not have liability for or be deemed in breach because of delays caused by any factor outside of its direct control, including but not limited to natural disasters, adverse weather, pandemics (including COVID 19),or acts of the CITY, or other governmental agencies. 1 6. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.

CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
1 7. Ownership of Reports and Data. The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by thi s CONTRACT to be furnished to the CITY by any of the other party(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY. 1 8. Conflict of Interest . Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto.

If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 1 1 herein.

I
n accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.
19 . Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
20 . Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party. 2 1. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including 201
G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
attorneys’ fees). This CONTRACT shall be gover ned by California law, without regard to conflict of law principles.
2 2. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
2 3. Taxpayer Identification Number. CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Cert ification, form W -9 (latest revision), as issued by the Internal Revenue Service. 2 4. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
2 5. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
2 6. Statement of Experience. CONSULTANT warrants that it will perform its Services with at le ast the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTA NT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY ’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. 2 7. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:

CI
TY Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
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Staff Contact: Fuad Shamout
Senior Engineer/Capital Projects
(805) 583-6788
CO
NSULTANT Kimley-Horn and Associates, Inc.
660 S. Figueroa St., Ste 2050
Los Angeles, CA 90017
Staff Contact: Sri Chakravarthy
Assistant Secretary
(213) 261-4037
I
N WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.

A
ttest: City of Simi Valley, A Municipal Corporation B y:

Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
A
pproved as to Form:

KIMLEY-HORN AND ASSOCIATES, INC.

B y:

David L. Caceres, City Attorney
P rint Name:

Approved as to Content: Title:

B y:

Brian Paul Gabler, City Manager
P rint Name:

T itle:

Alison M. Phagan,
Deputy Administrative Services Director
(Support Services)
Ronald K. Fuchiwaki
Public Works Director
203
EXHIBIT “A”

SCOPE O
F WORK
CONT

RACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY- HORN AND
ASSOCIATES, INC. FOR ON -CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
A. Services to be Provided
The sel
ected firm(s) shall provide Civil Engineering Design Services in connection with construction of various public works projects within the City. These civil engineering design services will be assigned on an as-needed basis depending upon the Department's project workload. Award of this annual contract does not necessarily guarantee the assignment of specific projects to the Consultant. The work, in general, shall include but not be limited to the following:

1. Preliminary Engineering:
• Pr
epare base maps, preliminary layouts, estimate of probable costs, engineering details and calculations.
• Pr
esent alternatives and provide recommendations, cost estimate, and analyses of the advantages and/or disadvantages of each. • Pr
ovide geotechnical and pavement engineering services.
• Pr
ovide survey services.
• Pr
ovide environmental engineering services.
• Perform analysis and design of hydrologic/hydraulic projects, flood control structures, retaining wall/sound/security walls, water resources and special structures, and all other routine civil engineering tasks related to public works projects.
• Bridge rehabilitation, widening, and replacement.
• Rev
iew and Prepare design plans, specifications and all other related documents.

2. Construction Documents:

Pr
epare project plans, specifications, cost estimate, and contract bidding documents.
• The Ci
ty will provide the sample specifications and general provisions in Microsoft Word and templates for engineering cost estimates and bid forms 204
i
n Microsoft Excel formats; the Consultant shall modify the documents by adding the necessary special provisions and project bid schedule. • The C
ity shall review the plans and construction documents at the following stages: preliminary engineering, sixty percent (60%); ninety percent (90%) and final engineering, or as specified by specific task order, or as deemed necessary by the City.
• A
ll project calculations, supporting/reference information, correspondence, photos, Microsoft Office files, etc. shall be provided to City with the final submittal or upon request.

D
rawings shall be prepared in standard engineering scale using Autodesk AutoCAD or Autodesk Civil 3D. All project AutoCAD files (i.e. drawings, x-refs, blocks, fonts, pen styles, etc.) shall be provided to the City in electronic format or via email at the discretion of the City.

Fi
nal drawings shall be wet signed and stamped on 24- inch by 36-inch (Arch D), 4-mil Mylar.

3. Permit:

A
ssist the City in obtaining permits and approvals from applicable agencies at the discretion of City staff. Environmental permits may also be required.

4. Bidding Stage:

A
ssist the City in answering bidders’ questions, attend pre-bid conferences and job walks, and perform constructability review of own plans and specifications at the discretion of City staff.

5. Construction Stage:
• A
ttend pre-construction meetings and make on-site visits at the discretion of City staff.
• A
ssist the City with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, draft change orders, review of shop drawings and provide “peer” review of other submittals at the discretion of City staff.

EXHI
BIT “B”
205
SCH

EDULE OF FEES
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY- HORN AND
ASSOCIATES, INC. FOR ON -CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
206

P11,:c 1 or3
207
Local Assistance Procedures Manual
EXHIBIT l 0-H2 COST PROPOSAL

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
EXHIBIT 10-H2
Cost Proposal

Page 2 ends

Consultant Kimley-Horn and Associates, Inc. D Prime Consultant D Subconsultant Project No. Contract No.
--------- Date --- ---12/08/21
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs per mile Federal Rate $ -
Travel (Airfare, Rental Car, Tolls, etc.) Actual $ -
Per Diem per day $60.00 $ -
Outside Printing and Reproduction Actual $ -
Courier I Fed Ex I USPS, etc. Actual $ -
Misc. Field Equipment/ Supplies Actual $ -
Subconsultant 1: $ -
Subconsultant 2: $ -
-
Subconsultant 3: $ -
Subconsultant 4: $ -
Subconsultant 5: $ -
January 2020
208
Local Assis1ancc Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL
Ccrtifkation of Direct Costs:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

Pr ime Consultm1t or Suhconsultant Certifying:

List services the consultant is providing under the proposed contract:

Engineering services
January 2020
209
Local Assistance Procedures Manual
Note: Mark-ups ere Not Allowed
Consultant Beyaz & Patel, Inc.

38.00%
frin c Benefit%
Fringe Benefit%
Frinue llcnc11t %

BILLING INFORMATION
140.01%
+ General &Administrative%
on
+ General &Administrative%
+ General &Administrative%
Fee

CALCULATION INFORMATION
178.01%
Combined !CR%
Home Office !CR%
Field Office !CR%

10.00%
Name/Job Tille/Classifica1ion' Hourly Billing Rates' Effective Dale of Hourly Rate Actual or Avg. % or$ Hourly Range - Slraight3 OT(I.Sx) OT(2x) From To Hourly Rate4 Increase for Subhash Patel - Structural Lead $253.06 10/1/2019 6/30/2021 $82.75 Nol Applicable Harry Wu - Structural Engineer $172.02 10/1/2019 6/30/2021 $56.25 Not Applicable Mohammad Reza CAD Design $133.03 $154.78 $176.53 10/1/2019 6/30/2021 $43.50 $00 - $00 $00 - $00
$00 - $00
$00 - $00
Clerical (non-exempt) $78.90 $91.80 $104.70 I 0/1/2019 6/30/2021 $25.80 $00 - $00 Megan Krause Administrative $00 - $00
$00 - $00
$00 - $00
.January 2018
210
Locol Assistance Procedures Mnnunl
Consultant
Project No.

EXIIIBIT 10-H2 COST PROPOSAL

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
IJeynz & Patel, Inc. 0 Prime Consultant 0 Subconsullant Conlracl No.
---------
Dnte _ _ --'l-"2/-'-0.;;.;8/~2-'---1 __ _
SCHIWUU:: OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs $0.00 Federal Rate
Equipment Rental and Supplies $0.00 Actual Cost
Permit Fees $0.00 Actual Cost
Plan Sheets $0.00 Actual Cost
Test $0.00 Actual Cost
Vehicle $0.00 Actual Cost
Subconsultant I: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
Subconsullant 5: $
EXHIDIT IO-H2
Cost Proposnl
Page _2_ of _3_
.lnnnnry 2018
211
Local Assistance Procedures Mu111rnl
EXHIBIT 10-H2 COST PROPOSAL
Ccrtiticntion of Direct Costs:

EXHIBIT 10-112
Cost Proposal

Page 3 ends

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions or the contract

9. Title 23 United States Code ection 11 2 - Letting of Contracts

10. 48 ode of federal Rc!!ulations Part 31 - Contract Cost Principles and Procedures

11. 23 Cmlc ur Federal Regulutions Part 172 - Procurement, Management, and Administration of Engineering and Design Related

List services the consultant is providing under the proposed contract:

Structural engineering, design, studies and investigations. ,January 2018
212
Locnl Assistance Procedures Manual
Noi.:: Mark-ups are Not Allowed
EXIIIIJJT 10-1-12 COST PROPOSAL
SPECIFIC R/\Tlc OF COMl'ENS/\TION (USE FOR ON-C/\1.L OI( /\S-NEEllED CON l'RJ\C rs) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
ENCOMPASS CONSULTANT GROUI' D Prime Consultant 0 Subccmsultunl EXIIIDIT IO-H2
Cost Propusnl
Page I of 3
02'iJ Tier Subconsultant Consultant
Project No. nm Contract No. TBD
- ------ -- ----------
Participation Amount$ Tl3D (ON CALL) Date_1_2_10_8J_2_1 ___ _ For Combined Rate
SAFE HARHOR RATE Al'l'LIEI)
for I Tome Oflicc Ralc
For Field Office Rate

0.00%
Fri11 •c Ocnclit %
Fringe l3cnelit %
Frinuc B011c1i1 %
+
+
+

0.00%
General &Administrative%
OR
General &Administrative%
General &Administrntivc %
Fee
120.00%
Combined ICR%
Home Office !CR%
Field Office !CR%

FIELD RATES
(Add pages os necessary)
NOTES:

4. For named employees and key personnel enter the actunl hourly rate. For clnssilications only, enter the Average Hourly Rate fm lhal clnssilication. 213
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal

Page 2 ends

EXHJHIT 10-H2 COST PROPOSAL

SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs NIA $0.00
Equipment Rental and Supplies TBD $0.00
Pennit Fees NIA $0.00
Plan Sheets NIA $0.00
Test NIA $0.00
Vehicle NIA $0.00
Subconsultant I: $
Subconsultant 2: $
Subconsu ltant 3: $
Subconsultant 4: $
Subconsultant 5: $
January 2020
214
Local Assistance Procedures Manual
EXHIBIT 10-H2 COST PROPOSAL
Certification of Direct Costs:

EXHIBIT 10-H2
Cost Proposal

Page 3 ends

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United ·rnres ode Section 112 - Letting of Contracts I 0. 48 Code or Federal Rcglrl<1tions Parl 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part I 72 - Procurement, Management, and Administration of Engineering and Design Related

Prime Consultant or ubconsultont Certifyi ng:

List services the consultant is providing under the proposed contract:

Land Surveying services.
.Jan11arv 2020
215
EXHIBIT 10-H4 COST PROPOSAL FOR CONTRACTS WITH PREVAILING WAGES Please Note: Consunanl completes all ttems in yellow highlight ACTUAL COST PLUS FIXED FEE; SPECIFIC RATES OF COMPENSATION ANO COST PER UNIT OF WORK CONTRACTS CONSULTANT ___ ENCOMPASS OONSULTNIT GAOLF PRIME -- SUB . CONTRACT TYPf Si!i!! a!i!> FIXED FEE {UST OIIE OF T1-IE A80VE LISTED CONrRACT TYPE SJ PROJECT NO. ___ _JBO CONTRAC T No ___ n,o DATE_ t2IBf1021 Sub Con11uttant'1 PanlclpaUon Amount $ __ rao (ONCAJ..LJ SAFE HAAIOR RA.TU Al'PLilil)
Tho PWdrfferenti.als Oelt.ll 8n11 and OeNa Fringe shown;.,, the formullls above ror loaded Bi\111\g Rein 11r1111pphc:able onl)l ...tlen perfotmin51 iorv lc11s cova,od oodu CIR delumi nations """'
ffJDdirftD1hll 11'1.-nlllngw.ai,a-lbl, au1bR1t.,.tb)t :kli. DIR, t-:.."":~~~:-1
OliLTA(TOTAL) • DU.1'"iCM MJ•
;tlame/Clllssifll:ation Pe,.IIM II Hourly Reta (only eppllcable for prevalllng wage work) Emplov-e Total Rite. DIR D~~TA Employee BIH.

I FIELD I 'M02
1 1 ·,,,,~,,, l .. '"l"'"l"°'"I ''°·'° I'"" I "'"
2 l""'"l "''" l'""l '"" l"''"l'""I ""' l"°'"l"'""l "
2 "" I'"' 'nl"""'l'"'"'i""'"I """I"'"" I I'"·'" I '""SI r"'·"l l"""T"' 08 I'""' I ""
36 1 I' ::!! I NIA 111n.022 12/31120Z2 $51 28 S76 92 $1 02.56 $30 &O $82 .18 $107 82 S13 3A6 $46.33 $89 so $92 .66 s1o1.111111 $60 77 $83 93 $107 .10 (S21 41' ($2389) 152ft 36) !S21 41) !S7 43) ($9 90) (S4 951 ($7 431 ($9.90) 1$16 46,i 1$16 461 IS16 46t $133 53 $15917 $184 81 5 oo,c, t 11112023 12/31/2023 5!;128 $7692 $102S6 $30.90 $82 ,18 $10782 $1334 6 UB-65 $7298 $97 .30 $15 .16 $6381 $8813 $112 46 ($18 37J ($1969) ($21 00) ($18 37) ($395) I ($52 61 (S2.63) !S3.951 ($5 .26) 1$15 741 IS1574 J 1$15 741 $13610 $161 74 $187 38 soo,i, I <866 ~--
111/202.fll 12/31fl024 $512a $7692 $102S6 53090 $,8218 $10782 $13348 $5108 $7662 $10 2..16 .$15.92 $6700 $9254 $11808 ($1 5 18) ($1528) (SIS38 ) ($1518) (SOJO! ($040) {S020) (SOJO) ($0.40) IS149 8f 1$1498 1 f$14';1 S, $13880 $16444 $19008 5~ I 0106 ...
- I FIE~ I ,imo>1 I """
2021
1'"·
2 ·1 "'
89 1 """ I '"" I ' .. " I Sl140I I $14'
84 1 "40' I"'°' I $4B.06 I '"' I"'" I ""' I $S2" l""o,, I "'"'' I''""' I ""°''I'""" i """'l"'""I '"""I""'" I"""' I"""' I"""' I""" I ... , 8 , I""" I 1 · ''°' 11112022 1213112022 $55.26 $8289 $11052 $3112 $8638 $11401 $14164 $25.23 $3785 $50<16 $453 $2976 $4237 $5<1199 1$5662 1 ($71641 ($8665 ) !S5662 I ($4505) ($6005 ) (SJ003J ($4505) ($6006) ($2659) ($2659) (S2659) $11768 $1 453 1 $17294 500"' I 2523, N/A ,,1n.02J 1213112023 $55.26 $82 89 $110 52 $3112 $86 36 $114 01 $141 64 $26 49 $39 74 $52 98 $4 75 $31 24 $44 .49 $57 ,73 1$5514 1 lS69 521 ($83 91 1 , ,ss 14) ($43 16) I ($57 s" , ($28 77) ($43 16) ($57 54) ($26 37, ($26 37) ($26 37) $119 24 $146 87 $174 so 500% • 2'48 Pruvdlng W•ga Work 11112024 1213112024 $55.26 $82 89 $110 52 $3112 $66 38 $114 01 $141 64 $27111 $41 n $55 62 $4 ll9 $32 BO $46 70 $60 81 tS53 581 ($67 31 J CS81 OJ. ($53 58) ($4118) ($54 90) CS27 45) ($41 18) ($54 90) ($26 13) ($2613) ($2613) $120 88 $148 51 $176,14 500% I 2781 ~
bw,, .... ...., I ""~ I rnnooi I ',,,'"°'T'"l"."I SI02 ~ I'~'° I""' I $10 782
1"''~1 "'°' 1'
36 ~1 "'06 1 "" l"'"l '~
36 1 ~"' , .. ,, .. ,, ,~,.,, I ""~r, .. r oM,l(S5'SOr'7~I IMOM) I "~"T""" I """T""'J'"I~ I "'rn I SIS>27 I I' !:.:: I WA 1/IQ02 2 12/3 1/2022 $51.28 $7692 S10256 $30.90 $821B $107112 $13346 $26 .23 $37 ,85 $5046 $<153 $2976 $4237 $5499 f1st,4J ($6S45) ($7847) ($52421 ($3908) CS5210 ) ($2605) ($3908) ($5210) j$2637) fS2637 1 ($2637 1 $11348 $13912 $16 476 50(),i, I 111/2023 12/'Jl/2023 $51.28 $76 92 $1 02 56 $30.90 $82..18 $107.82 $1 33.46 $26.49 $39.74 $52 98 $4 75 $31 ,24 $44 49 $57 73 ($5094) ($6333) (S7S 73) ($5094) ($37 19) '1549 58) (S24 79) ($37 19) ($49 58) (S26 15) 1$26 lSJ ($261 51 $115 04 $14068 S\66 32 500% 1 2110 "9=.-.-~ 111/2024 1213112024 $51.28 $7692 $10256 $3090 $8218 $107 ,82 $1334 6 $27.81 $41 .n $5562 $499 $32110 S46.70 $6061 ($~":J3S) ($6112) ($7285) ($4:;38) ($3521) ($4694) ($23471 ($3521) ($4694) IS2591) IS259 1t ($2591 1 $11668 $14232 $16796 soo,i, I 27.81 216
.ol·al Assistance Pruccllurcs M:11111nl
.l'J' 1~.o,
EXIIIBIT I0-112 COST PROPOSAL
Sl'ECIFIC RATE OF COMl'ENSATION (USE FOR ON-C Al.I. OR AS-NEEDED CON rRACTS) (CONSTIUICTJON ENrnNEERING AND INSl'ECTION CONTRACTS)
Nole: Mnl'k•ups nrc Nol Allowed l2022-202e 1
Consultant l'AlllKH CONSULTANTS, INC. o P1imc Consullanl x Subconsultnnl n 2"d Tier S\lbconsu\tant Pl'oject No. RH.) No. 21-04 Co11Lrm.:t No. NIA Participation Amount $ Onie 12/6/2021 Fringe lknclil 40.52% ·I Gcnc1·al &Adminh.tralivc 120.41 160.9J~. Combined !CR% OK
Fringe lknclil % + G.:11crlll &Adminh.tr<1livc % I lomc OOicc ICR'?-• Fringe Ilene lit% 1 General &Adminislrath·c % Fic:kl Oflice ICR% Fee
llll.L.ING INFORMATION CAI.CULAllON lNFORMATJON
Nnn1c/Job ·1·illdClassilica1ion1 I lm11·ly llilling Rules' Elli:c1ivc dale of hom ly rnlc Ac111a\ or %or$ Avg I lourly range • for Straight OT(l.5x) OT(2x) From To llourly lncr~il!<iC classific<1tions only RJlc1
Gary Parikh $ 308.09 NA NA 1/1/2022 12/31/2022 $ 107.34 Nol Applicable Principal.in-charge $ 317.33 NA NA 1/1/2023 12/31/2023 $ 110.56 3.00% Nol Applicable Exempt $ 326.85 NA NA 1/1/2024 12/31/2024 $ 113.86 3.00% Nol Applicable $ 336.66 NA NA 1/1/2025 12/31/2025 $ 117.29 3.00% Nol Applicable $ 346.76 NA NA 1/1/2026 12/31/2026 $ 120.81 3.00% Not Applicable David Wang $ 223.30 NA NA 1/1/2022 12/31/2022 $ 77.80 Nol Applicable Sr. Project Engineer/ $ 230.00 NA NA 1/1/2023 12/31/2023 $ 80.13 3.00% Not Applicable QA QC Projacl Manager $ 236.90 NA NA 1/1/2024 12/31/2024 $ 82.54 300% Not Applicable Exempt $ 244.01 NA NA 1/1/2025 12/31/2025 $ 85.01 300% Nol Applicable $ 251.33 NA NA 1/1/2026 12/31/2026 $ 87.56 3.00% Not Applicable Senior Project Engineer - TBD $ 206.23 NA NA 1/1/2022 12/31/2022 $ 71 .85 $ 50.00 lo $ 80.00 Senior Projecl Engineer $ 212.41 NA NA 1/1/2023 12/31/2023 $ 74.01 3.00% $ 51 ,50 lo $ 82.40 Exempt $ 218.79 NA NA 1/1/2024 12/31/2024 $ 76.23 300% $ 53.05 to $ 84.87 $ 225.35 NA NA 1/1/2025 12/31/2025 $ 78.51 3.00% $ 54.64 lo $ 87.42 $ 23211 NA NA 1/1/2026 12131/2026 $ 80.87 300% $ 56.28 lo $ 90.04 Sen. Engineering Geologist - TB $ 215.27 NA NA 11112022 12/31/2022 $ 75.00 $ 60.00 lo $ 80,00 Sen. Engineering Geologist $ 221.73 NA NA 1/1/2023 12/31/2023 $ 77.25 3.00% $ 61.80 lo $ 82.40 Exempt $ 228.38 NA NA 1/1/2024 12/31/2024 $ 79.57 300% $ 63.65 lo $ 84.87 $ 235.23 NA NA 1/1/2025 12/31/2025 $ 81.95 300% $ 65.56 Lo $ 87.42 $ 242,29 NA NA 1/1/2026 12/31/2026 $ 64.41 300% $ 67.53 Lo $ 90.04 Project Engineer - TBD $ 170 81 NA NA 1/1/2022 12/31/2022 $ 59.51 $ 50.00 lo $ 65.00 Project Engineer $ 175.93 NA NA 1/1/2023 12/31/2023 $ 61.30 3.00% $ 51.50 lo $ 66.95 Exempt $ 181.21 NA NA 1/1/2024 12/31/2024 $ 63.13 3.00% $ 53.05 Lo $ 68.96 $ 166.65 NA NA 1/1/2025 12/31/2025 $ 65.03 300% $ 54.64 lo $ 71.03 $ 192.25 NA NA 1/1/2026 12/31/2026 $ 66.98 3.00% $ 56.28 lo $ 73.16 l'rojecl Geologist - TBD $ 140.67 NA NA 1/1/2022 12/31/2022 $ 49,01 $ 40.00 to $ 60.00 Project Geologist $ 144.89 NA NA 1/1/2023 12/31/2023 $ 50.48 300% $ 41.20 to $ 61 .80 Exempt $ 149.24 NA NA 1/1/2024 12/31/2024 $ 51.99 3.00% $ 42.44 lo $ 63.65 $ 153.71 NA NA 1/1/2025 12/31/2025 $ 53.55 3.00% $ 43.71 lo $ 65.56 $ 158.33 NA NA 1/1/2026 12/31/2026 $ 55.16 3.00% $ 45.02 lo $ 67.53 Sen. Slaff Engineer - TBD $ 129.16 NA NA 1/1/2022 12/31/2022 $ 45.00 $ 40.00 to $ 50.00 Sen. Slaff Engineer $ 133 04 NA NA 1/1/2023 12/31/2023 $ 46.35 3.00% $ 41,20 lo $ 51 .50 Exempt $ 137 03 NA NA 1/112024 12131/2024 $ 47.74 300% $ 42.44 to $ 53.05 $ 141.14 NA NA 1/1/2025 12/31/2025 $ 49.17 300% $ 43.71 lo $ 54,64 $ 145.37 NA NA 1/112026 12/31/2026 $ 50.65 3.00% $ 45 02 to $ 56.28 Slaff Engineer - TBD $ 117.22 $ 137.64 $ 158 06 1/1/2022 12/31/2022 $ 40.84 $ 30.00 Lo $ 50.00 Slalf EnginC!llr $ 120.74 $141.77 $ 162.80 1/1/2023 12/31/2023 $ 42.07 300% $ 30.90 Lo $ 51.50 Non-Exempt Calegory $ 124.36 $146 .02 $ 167.69 1/1/2024 12/31/2024 $ 43.33 300% $ 31.83 to $ 53.05 $ 128.09 $ 150 40 $ 172.72 1/1/2025 12/31/2025 $ 44.63 300% $ 32.78 to $ 54.64 $ 131.93 $154.92 $177.90 1/112026 12/31/2026 $ 45.97 3.00% $ 33.77 to $ 56.28 Field Engineer/Geologist - TBD $ 151.43 $ 177.81 $ 204.19 1/1/2022 12131/2022 $ 52.76 $ 25.00 to $ 60.00 Field Engineer/Geologist $ 155.98 $183 .15 $ 210.32 1/1/2023 12/31/2023 $ 54.34 3.00% $ 25.75 lo $ 61 .80 Non-Exempt Category $ 160.66 $ 188.64 $ 216.63 1/1/2024 12/31/2024 $ 55.97 3.00% $ 26.52 to $ 63.65 $ 165.48 $ 194 30 $ 223.13 1/1/2025 12/31/2025 $ 57.65 3.00% $ 27.32 to $ 65.56 $ 170.44 $200.13 $229.82 1/1/2026 12/31/2026 $ 59.38 3.00% $ 28,14 to $ 67.53 Senior Technician - TBD $ 110.10 $ 129.28 $ 148.46 1/1/2022 12/31/2022 $ 38.36 $ 30.00 lo $ 45.00 Senior Technician $ 113.41 $133 ,16 $ 152.92 1/1/2023 12/31/2023 $ 39.51 3.00% $ 30.90 to $ 46.35 Non-Exempt Category $ 116.81 $137.16 $ 157.50 1/1/2024 12/31/2024 $ 40.70 3.00% $ 31.63 lo $ 47.74 $ 120.31 $141 27 $ 162.23 1/1/2025 12/31/2025 $ 41.92 3.00% $ 32.78 to $ 49.17 $ 123.92 $145 51 $167.10 1/1/2026 12/31/2026 $ 43.17 3.00% $ 33.77 lo $ 50.65 Dratting/Gadd Tech - TBD $ 120.09 NA NA 1/1/2022 12/31/2022 $ 41.84 $ 25.00 to $ 50.00 Dralting/Cadd Tech $ 123.69 NA NA 1/1/2023 12/31/2023 $ 43.10 300% $ 25.75 lo $ 51.50 Exempt $ 127.40 NA NA 1/1/2024 12/31/2024 $ 44.39 3.00% $ 26,52 to $ 53.05 ~------·- $ 131.23 NA NA 1/1/2025 12/31/2025 $ 45.72 3.00% $ 27.32 lo $ 54.64 $ 135.16 NA NA 1/1/2026 12/31/2026 $ 47.09 3.00% $ 28.14 lo $ 56.28 Contract Administration - TBD $ 222.07 NA NA 1/1/2022 12/31/2022 $ 77.37 $ 7000 lo $ 85.00 Contract Administration $ 228.73 NA NA 1/1/2023 12/31/2023 $ 79.69 3.00% $ 72.10 lo $ 87.55 Exempl $ 235.59 NA NA 1/1/2024 12/31/2024 $ 82.08 3.00% $ 74.26 to $ 90.18 $ 242.66 NA NA 1/1/2025 12/31/2025 $ 64.54 3.00% $ 76.49 lo $ 92.88 $ 249.94 NA NA 1/1/2026 12/31/2026 $ 67.08 3.00% $ 78.79 lo $ 95.67 1:xhibit JU-I
rage 1 or
,htnllHn' 201
217
Locnl Assislnncc Procctlnres Mamrnl JM1ibit IO-H
Cost Pro osnl
Nol•: Mnrk-u1,s nrc Not Allowed
EXHIBIT 10-112 COST PROPOSAL

Subconsultont 6:

Note; VENDOR COSTS VARY DUE TO PREVAILING WAGE AND UNION FACTORS, THEREFORE ARE BASED ON AT COST AT THE TIME OF SERVICES.

NOTES:

1. List otl1er direct cost items with estimated cosls. These costs should be competitive in lheir respective induslries and supported wilh appropriate documentatiot I.PJ> 1~-01

2. Proposed ODC Hems should be consislenlly billed regardless of client and contract type.

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

4. Items such as special tooling, will be reimbursed at aclual cost wilh supporling documentation (invoice).

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

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Page 2 ends

.r11n11nrv ?OUI:
218
Local Assistance Procedures Ma1111al
Certificatio n of Direct Costs:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. T itle 2J \Jnitcd St;llcs ot.lc St:ctinu 111 - Letting of Contracts

4. 48 Cude.: or Fcd,mtl Rcg.uhuiclns Pa1·1 31 -Contract Cost Principles and Procedures

5. 23 ode nf f ederal l~i:g.11Ia1ions l';,n 172 - Procurement, Management, and Administration of Enl,\incc.:rinA 11 11tl Desil,\11 Related Service

Prime Consultnnt oa· Subconsultnnt Certifying :

List services the consultant is provid ing under the proposed contract:

GEOTECHNICAL ENGINEERING SERVICES
LPP 15-01

Page 3 ends

.January 2018
219
EXHI
BIT “C”
I

NSURANCE REQUIREMENTS
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND KIMLEY- HORN AND
ASSOCIATES, INC. FOR ON -CALL CIVIL ENGINEERING
DESIGN SERVICES, RFQ NO. PW 21-04
Insurance - Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents , representatives, or employees.

M
inimum Scope and Limit of Insurance
C
overage shall be at least as broad as:

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

O
ther Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
220
A
dditional Insured Status
The City, it’s Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

P
rimary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

N
otice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Cla
ims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 221

3. I
f coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Simi Valley City CouncilFebruary 14, 2022

Simi Valley City Council
February 14, 2022