Staff Report — Simi Valley City Council, February 14, 2022 (part 1 of 2)

C2203.SR.JD

CITY OF SIMI VALLEY

MEMORANDUM
F
ebruary 14, 2022
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF PROFESSIONAL SERVICES CONTRACT S FOR ON-CALL ENGINEERING DESIGN SERVICES, RFQ NO. PW 21-04

STAFF RECOMMENDATION
I
t is recommended that the City Council:

1. Aw
ard professional services contracts for on-call e ngineering design service s as outlined below:
a) T
wo contracts to Bengal Engineering, Inc., in an amount not to exceed $145,000 for federally funded projects and $300,000 for non-federally funded projects; and, b) T
wo contracts to Huitt -Zollars, Inc ., in an amount not to exceed $145,000 for federally funded projects and $300,000 for non-federally funded projects; and, c) T
wo contracts to Kimley-Horn and Associates, Inc., in an amount not to exceed $145,000 for federally funded projects, and $300,000 for non- federally funded projects; and,

2. A
uthorize the City Manager to approve subsequent contract amendments to extend the contracts for up to two additional one-year terms.

BACKGROUND AND OVERVIEW
The
Public Works Department is recommending the award of professional services contracts to three consultants for on- call engineering design servi ces. The Department does not maintain staff for certain specialized engineering services due to the fluctuating workload of projects and funding availability. To streamline the consultant selection process, on-call contracts for professional services have been utilized. The Department contracts with multiple firms in the event one consultant becomes unavailable due to workload, a conflict of interest, or the need for third-party peer review.

AGENDA ITEM NO.

Consent (2)

FINDINGS AND ALTERNATIVES
A
Request for Qualifications (RFQ) was issued and on December 10, 2021, six firms submitted proposals. City staff evaluated and rated each of the proposals based on the following criteria:
• U
nderstanding of the scope of work (weighted 10%)
• Expertise and experience of the team to be assigned (weighted 30%) • Related experience on public works projects (weighted 30%) • Approach to performing this type of service (weighted 20%) • Familiarity with Federal and State DBE requirements and procedures, quality of performance, and conformity (weighted 10%)
The
three selected firms were rated as the most qualified to perform the services requested.

Staff is recommending the award of two contracts to each consultant. One contract for work performed on federally funded projects in an amount not to exceed $14 5,000 and one contract for work performed on non-federally funded projects in the amount not to exceed $300,000. Although the scope of work and rates are the same for both contracts, a separate contract for work performed on federally funded projects is recommended due to special requirements and expenditure limits for consultant work on federal projects. The contracts are for one year with the possibility of two one-year extensions.

T
he following alternatives are available to the City Council:

1. A
ward professional services contracts for on- call engineering design services as outlined below.
a) T
wo contracts to Bengal Engineering, Inc., in an amount not to exceed $145,000 for federally funded projects and $300,000 for non-federally funded projects; and, b) T
wo contracts to Huitt -Zollars, Inc., in an amount not to exceed $145,000 for federally funded projects and $300,000 for non-federally funded projects; and, c) T
wo contracts to Kimley -Horn and Associates, Inc., in an amount not to exceed $145,000 for federally funded projects, and $300,000 for non- federally funded projects; and,

2. A
uthorize the City Manager to approve subsequent contract amendments to extend the contracts for up to two additional one-year terms.

3. P
rovide staff with other direction.

S
taff recommends Alternative Nos. 1 and 2.
2 SUGGESTED CITY COUNCIL MOTION
I m
ove to award professional services contracts for on-call engineering design services as outlined in the staff report to Bengal Engineering, Inc., Huitt-Zollars, Inc., and Kimley-Horn and Associates, Inc., and to authorize the City Manager to approve subsequent contract amendments to extend the contracts for up to two additional one-year terms.

SUMMARY
Th
e Public Works Department is recommending that the City Council award professional services contracts to three consultants for on- call engineering design services. The Department does not maintain staff for certain specialized engineering services due to the fluctuating workload of projects. To streamline the consultant selection process, on- call contracts for professional services have been utilized. The Department contracts with multiple firms in the event one consultant becomes unavailable due to workload, a conflict of interest, or the need for third- party peer rev iew. Staff recommends the City Council award contracts as outlined in this staff report and authorize the City Manager to approve subsequent contract amendments to extend the contracts for up to two additional one- year terms.
______
______________________________
Ronald K. Fuchiwaki
Public Works Director
Pr
epared by: Fuad Shamout, Senior Engineer (Capital Projects) INDEX Page
Contract with Bengal Engineering, Inc. (2) ..................................... 4 Contract with Huitt-Zollars, Inc. (2) ...............................................64 Contract with Kimley-Horm and Associates, Inc. (2) .................. 147 3 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND BENGAL ENGINEERING,
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 Bengal Engineering, Inc. , an S 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 Index (CPI) rate f or 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.
4 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 to discuss the a nticipated 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, Caltrans 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 5 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 6 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, without limitation, injury to or death of an employee of CONSULTANT or its sub- consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, 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.

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 7 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
to the provisions of this Section, and indemnify the CITY and do whatever is necessary to protect any and all Indemnitees.

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. Tom Conti 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 CO NSULTANT 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 breac h 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, including liquidated damages, if so provided herein. 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.
8 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04

14. 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.

15. Independent Contractor. It is expressly understood between the parties to this CONTRACT that no employee/employer relat ionship 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 fu rnished 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.

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 condition of t his 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 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 10 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
supervise the work performed by CONSULTANT pursuant to thi s 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 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
Staff Contact: Fuad Shamout
Senior Engineer/Capital Projects
(805) 583-6788
CO
NSULTANT Bengal Engineering, Inc.
360 S. Hope Avenue, Suite C-110
Santa Barbara, CA 93105
Staff Contact: Tom Conti
Senior Project Engineer
(805) 563-0788 Ext. 106
11 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.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California

Approved as to Form:

BENGAL ENGINEERING, INC.

By:

David L. Caceres, City Attorney
Print Name:

Approved as to Content: Title:

By:

Brian Paul Gabler, City Manager
Print Name:

Title:

Alison M. Phagan,
Deputy Administrative Services Director
(Support Services)

Ronald K. Fuchiwaki
Public Works Director

12 EXHIBIT “A”

SCOPE OF WORK

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

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

1. Preliminary Engineering:
 P
repare base maps, preliminary layouts, estimate of probable c osts, engineering details and calculations.
 Present alternatives and provide recommendations, cost estimate, and analyses of the advantages and/or disadvantages of each.  Provide geotechnical and pavement engineering services.  Provide survey services.
 Provide environmental engineering services.
 Perform analysis and design of h ydrologic/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.
 Review and Prepare design plans, specifications and all other related documents.

2. Construction Documents:

Prepare project
plans, specifications, cost estimate, and contract bidding documents.
13  The City will provide the sample specifications and general pr ovisions in Microsoft Word and templates for engineering cost estimates and bid forms in Microsoft Excel formats; the Consultant shall modify t he documents by adding the necessary special provisions and project bid schedule.
 The City shall review the plans and construction documents at the following stages: preliminary engi neering, sixty percent (60%); ninety percent (90%) and final engineering, or as specified by specific task order, or as deemed necessary by the City.
 All project calculations, supporting/reference information, correspondence, photos, Microsoft Office files, etc. shall be provided to City with the final submittal or upon request.

Drawings shall be prepared in s tandard 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.

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

3. Permit:

Assist
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:

Assist 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:

Attend pre-construction meetings and make on-site visits at th e discretion of City staff.
 Assist the City with interpretation of plans and specification s, analysis of changed conditions, development of corrective action, draft change orders, review of shop drawings and provide “peer” review of ot her submittals at the discretion of City staff.
14 EXHIBIT “B”

SCHEDULE OF FEES

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND BENGAL ENGINEERING,
INC. FOR ON-CALL CIVIL ENGINEERING DESIGN
SERVICES, RFQ NO. PW 21-04
15 Bengal Engineering Billing Rates
These rates will remain for the 2 year on-call contract period.

Bengal Engineering's current Caltrans ICR will be used for state and federally-funded projects:

NAME CLASSIFICATION/TITLE
Scott Onishuk Principal Engineer
Michael Bandich Sr. Civil Engineer
Henry Osegueda Civil Engineer
Marc Compton Drafting Technician
Harrison Smith Drafting Technician
Tom Conti Project Manager
Md. Wahiduzzaman Primlcpal Engineer
Projects that do not have state/federal funding will be charged at our standard in-house rates:

Project Management
Bridge Engineering
Civil Engineering
Geotechnical Engineering
Engineering Geologist
Drafting / Technician
Administrative
Subcontractors
Travel
Vehicle
Reproduction/Postage, Etc.

Cost + 10% oversight
Cost; No cost for projects within Santa Barbara County.

Current IRS rate; No cost for projects within Santa Barbara County.

Cost
2021

BILLING RATE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
180.91
148.28
111.52

90.87 101.33
164.03
183.58
165.00
165.00
155.00
165.00
165.00

85.00 65.00
16 Local Assistanc e Procedures Manual
I
FORM 1 O-H2 Cost Proposal
EXHIBIT 10-H2
Cost Proposal

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not ~!lowed
I
Consultant: Bengal Engineering, Inc.

Project No.: Contract No.:

For Combined Rate
Fringe Benefit
For Home Office
Fringe Benefit
For Field Office
Fringe Benefit
!Prime Consultant ! Subconsultant 2nd Tier Subconsultant RFQ PW 21-04 Participation Amount: Date : 12/10/2021
66% + Overhead+General & Administartive 84.6% = Combined ICR = 150.33% + Overhead+General & Administartive = Combined ICR =
+ Overhead+General & Administartive = Combined ICR =
Fee 10.0%

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Cla rification Hourly Billing Rates Effective Date of Hourly Rate Actual of Avg. % or$ Hourly Range - Straight OT(1 .5X) OT(2X) From To Hourly Rate Increase for Classificaton Only Md Wahiduzzaman Principal Civil/Bridge Engineer $ 183.58 12/10/2021 12/31/2024 $ 66.67 3% Not Applicable Scott Onishuk Principal Civil/Highway Engineer $ 180.91 10/14/2019 12/31/2024 $ 65.70 3% Not Applicable Tom Conti Senior Project Civil Manager $ 164.03 10/14/2019 12/31/2024 $ 59.57 3% Not Applicable Michael Bandich Senior Civil Engineer $ 148.28 10/14/2019 12/31/2024 $ 53.85 3% Not Applicable Henry Osegueda Civil Engineer II $ 111.52 10/14/2019 12/31/2024 $ 40.50 3% Not Applicable Marc Compton Technician Specialist II $ 90.87 10/14/2019 12/31/2024 $ 33.00 3% Not Applicable Harrison Smith Civil Engineer Associate $ 101.33 10/14/2019 12/31/2024 $ 36.80 3% Not Applicable Lori Onishuk Administrative Assistance $ 99.30 10/14/2019 12/31/2024 $ 36.06 3% Not Applicable Daniel Hunt Civil Engineer Associate $ 88.67 10/14/2019 12/31/2024 $ 32.20 3% Not Applicable NOTES:

I. K~y personnel must be marked with an ruacrisk (*) and employees that are subject to prevailing ,.vage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles . Subconsultants will pro1•1de their own cos1 proposals.
2 . The cos1 proposal roAna1 shall not be amended

3. Billing rate= actual nourly rate• (l+ !CR)• (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 employee~ and key personnel enter the actual hourly rate . For classifications only, enter the Average Hourly Rate for that classification .

Page 4 of 9 ends

Janua,y 2020
17 Local Assistance PrJCedures Manual
FORM 1 O-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
Page2
Note: Mark-ups are Not Allow::ld Prime Consultant !~S-ub-c-on-s-ulta-nt~I 2nd Tier Subconsultant Consultant: Bengal Engineering, Inc.

Prcject No.: Contract No.: RFQ PW 21-04 Participation Amount Date : 12/10/2021

SCHEDULE OF OTHER DIRECT COST ITEMS
Description of Item Quantity Unit Unit Cost Total
Mileage Costs $ 0.58 $
Equipment Rental and Supplies $
Permit Fees $
Plan sheets 24x36 (when outside printer is required) $ 0.90 $ Mylar 24x36 (when outside printer i, required) $ 19.00 $ Vehicle $
Subconsultant I $
Sub,;onsultant 2 $
Subconsultant 3 $
Subconsultanl 4 $
Subconsultant 5 $
NOTES:

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

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

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

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

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

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

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

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 nece~sary.

11. Subconsultants must provide their own cost proposals.

Page 5 ends

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18 ENGINEERS INC
2021 STANDARD SCHEDULE OF FEES

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge ............................... $280 Senior Project/Program Manager ...... 255
Project/Program Manager .................... 225
Assistant Project/Program Manager 185
Senior Project Coordinator ................... 155
Project Coordinator ................................. 125

ENGINEERING CONSTRUCTION MANAGEMENT GOVERNMENT SERVICES Principal Engineer .................................. $240 Principal Construction Manager ...... $255 City Engineer ........................................... $215 Lead Engineer ........ -.................................. 215 Senior Construction Manager ............. 235 Deputy City Engineer .............................. 195 Supervising Engineer .............................. 200 Senior Resident Engineer ...................... 225 Assistant City Engineer ........................... 180 Senior Project Engineer ......................... 190 Resident Engineer .................................... 210 Plan Check Engineer ................................ 170 Project Engineer ........................................ 170 Structure Representative ....................... 195 Permit Engineer ......................................... 150 Associate Engineer .................................. 155 Construction Manager ........................... 185 City Inspector ............................................. 135 Assistant Engineer .................................... 140 Assistant Resident Engineer ................. 175 Senior City Inspector (PW) .................. 165 Sr. Construction Inspector (PW) ........ 165 City Inspector (PW) .................................. 156 SURVEYING Construction Inspector (PW) .............. 156 Principal Stormwater Specialist .......... 155 Principal Surveyor .................................. $235 Office Administrator ................................ 105 Senior Stormwater Specialist.. ............. 140 Lead Surveyor ............................................ 225 Senior Survey Project Manager .......... 205 TECHNICAL SUPPORT Stormwater Specialist ............................. 125 Stormwater Technician .......................... 115
Supervising Surveyor .............................. 200 CADD Manager ....................................... $175 Building Official ......................................... 175 Senior Project Surveyor ......................... 180 Supervising Technician .......................... 145 Senior Building lnspector ...................... 150 Project Surveyor ........................................ 160 Senior Technician ..................... --............ 135 Building Inspector .................................... 135 Senior Land Title Analyst.. ..................... 155 Engineering Technician .......................... 105 Planning Director ...................................... 185 Associate Project Surveyor ................... 150 ADMINISTRATIVE SUPPORT Senior City Planner .................................. 160 Assistant Project Surveyor .................... 130
Party Chief (PW) ....................................... 155 Chainperson (PW) .................................... 135 One-Person Survey Crew (PW) ........... 185
Senior Management Analyst.. ........... $160
Management Analyst.. ............................ 135
IT Technician ............................................... 120 Graphics/Visualization Specialist.. ..... 100
Assistant Planner ...................................... 145 Senior Grant Writer .................................. 160 Grant Writer ................................................ 135 Associate Grant Writer ........................... 105
Assistant Grant Writer ............................... 85 Administrative Assistant ........................... 80

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate. Expert Witness services will be charged at three (3) times listed rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage "(PW)" annotation are used for field work on projects subject to federal or state prevailing . - · .. . wage.law and are .subjecUo.increases.per. DIR. ___ .. __

ANN UAL ESCALATION
Standard fee rates provided for each classification are subject to an annual escalation increase of 3.0% starting January 1, 2022.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classification will be charged at 1 x hourly rate.
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All ll~l,me_OUgcSecllhe1~worltdl,/ .Wllt» t,,lld w,11hc>t6lhlappk.abonolOfflhl!'adiattnf cl~ BrlingRAlt=(l\dualHl)UrfyR11e)(1+Fee)+(Odla~+Dd11Fung,,J For,.....~....,, ei,.loyaff: CulJlg 1'9'A.lr wor1cdtr(, -.:It.a 1nwt1 ""'' no( lo m:eed8 holn.WI 111?/0llldafor Olllw.f 1/Wfl .,.,., be Wied" I I IUI llOml8I o,,e,f,ta,d ,Ille (lt. w.lhgu! the l!lf'fk&IDl\olltil 1 !,Xo, 2 oxmur..;:,i," lor .-lten@ a, lcawl 20 EXHIBIT “C”

INSURANCE REQUIREMENTS

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND BENGAL ENGINEERING,
INC. FOR ON-CALL CIVIL ENGINEERING DESIGN
SERVICES, RFQ NO. PW 21-04
Insurance - Consultant shall pr ocure and maintain for the durat ion 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.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Offic e Form CG
00 01 covering CGL on an “occurrence” basis, including products a n d completed operations, property damage, bodily injury and person al & advertising injury with limits no less than $2,000,000 per occu rrence. If a general aggregate limit applies, e ither the general aggregate l imit shall apply separately to this project/location (ISO CG 25 03 or 25 0 4) or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation insura nce 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 t he 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 appr opriate 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 b roader coverage and/or higher limi ts than the minimums shown above, the City requires and shall be entitled to the bro ader coverage and/or the higher limits maintained by the consultant. Any available insur ance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions - The insurance policies are to cont ain, or be endorsed to contain, the following provisions:
21 Additional I
nsured Status
The City, its Boards, Officers, Agents, Officials, employees, a nd volunteers are to be covered as additional insureds on the CGL policy with respect t o liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connec tion with such work or operations. General liability coverage can be provided in the form of an endorsement to the C onsultant’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).

Primary 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.

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

Waiver 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 subrogat ion endorsement from the insur er. The Workers’ Compensation policy shall be end orsed with a waiver of subrogat ion in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.

Self-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.

Acceptability 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.

Claims 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 exec
ution date of the contract or the beginning of contract work. 22 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 wit h another claims-made policy form with a Retroactive Date prior to the co ntract effective, or start of work dat e, 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.

Verification of Coverage
Consultant
shall furnish the Cit y 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 befor e work begins. However, failure to obtain the required documents prior to the work begi nning 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.

Subcontractors
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 fr om subcontractors. For CGL cove rage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Special 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. 23 EXHIBIT “D”

FEDERAL REQUIREMENTS

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

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

ARTICLE IV PERFORMANCE PERIOD
A. T
his AGREEMENT shall go int o effect on February 14, 2022, co ntingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work af ter notification to proceed by LOCAL AGENCY’S Contract Administrato r . T h e AGREEMENT shall end on February 14, 2023 unless extended by AGR EEMENT amendment.

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

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in prog ress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be ext ended 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 Pr oposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, emplo yer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

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

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

D. After a project to be performed under this AGREEMENT is iden tified by LOCAL AGENCY, LOCAL AGENCY will prepar e a draft Task Order; less the cost estimate.

A draft Task Order wil l identify the scope of services, expecte d results, project 24 deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delive red to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a writ ten estimate of the number of hours and hourly rates per staff person, any anticipa ted reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized T ask Order shall be signed by both LOCAL AGENCY and CONSULTANT.

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

CONSULTANT shall be responsible for any future ad justments to p revailing wage rates including, but not limited to, base hourly rates and empl oyer payments as determined by the Department of I ndustrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

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

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

H. Progress payments for each Ta sk Order will be made monthly i n arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or service s 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 L OCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimburs ed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator o f itemized invoices in duplica te. 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 25 performance of work for which CO NSULTANT is billing, or upon co mpletion of the Task Order. Invoices shall detail the work performed on each mi lestone, 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 pur chased under the provisions of Article XI Equi pment Purchase, must be reimbu rsed by CONSULTANT prior to the expirati on or termination of this AGREE MENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of 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 A GENCY for an individual Task Order shall not exceed the amount agreed to in the Task Or
der, unless authorized by amendment.

N. If CONSULTANT f
ails to satisfactorily complete a deliverable a ccording to the schedule set forth in a Task Order, no payment will be made unt il the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the ter ms) of this AGREEMENT nor to exceed the scope of work under t his AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this

AGREEMENT
shall not exceed $145,000.00. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar a mount will be authorized
under this AGREEMENT through Task Orders.

ARTICLE VI TERMINATION
A. This AGREEMENT
may be terminat ed by LOCAL AGENCY, provided t hat LOCAL AGENCY gives not less than thirty (30) calendar days’ written n otice (delivered by certified mail, return receipt requested) of intent to terminat e. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not l imited to, reports, investigations, appraisals, inventories, studies, analyses, dra wings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no a dditional cost to LOCAL AGENCY, provided that C ONSULTANT is given written noti ce (delivered by certified mail, return receipt requested) of temporary suspe nsion. If LOCAL AGENCY gives such notice of tem porary suspension, CONSULTANT sh all 26 immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by 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 damage s, if any, due City from CONSULTANT is determined.

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

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A.

The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Pri nciples and Procedures, shall be used to determine the allowability of individual terms of cost.

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

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

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For
the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, docu ments, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, includin g 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 AGENC Y, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the b asis of Federal funding in whole or in part) shall have acce ss to any books, records, and documents of the 27 CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CP A, 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.

Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) c alendar days after issuance of t he final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financi al Officer of unresolved audit issues. The request for review will be submitted in writing.

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

D. CONSULTANT and subconsultant AGREEMENTs, including cost prop osals 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, o r a CPA ICR audit work paper review. If selected for audit or review, the AGREEME NT, cost proposal and ICR and related work papers, if applicable, will be reviewe d to verify compliance with 48 CFR Part 31 and other rel ated laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibili ty 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 AGR EEMENT, 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 directe d by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorpo rate audit or review recommendations, or to ens ure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Inv estigations (IOAI).

IOAI, at its sole discretion, m ay review and/or audit and appro ve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSU LTANT 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 CO NSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report wi ll be considered a 28 breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1) During IOAI’s review of the ICR audit work papers created by t h e CONSULTANT’s independent CPA, IOAI will work with the CPA and/o r CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit dispu tes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applic able; in accordance with procedures and gui delines of the American Assoc iation of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the pr oposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is great er than two hundred percent (20 0%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2) If 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) mont hs of the effective date of t he management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3) If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter af ter 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 serv ices. In this event, this accepted ICR will become the actual and final ICR f or reimbursement purposes under this AGREEMENT.
4) CONSULTANT may submit to LOCA L AGENCY final invoice only whe n 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 AG REEMENT 29 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 w ill apply to this AGREEMENT and all other agreement s executed between LOCAL AGENC Y and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A.

Nothing contained in this AGREEMENT or otherwise, shall crea te any contractual relation between the LOCAL AGENCY and any Subconsultants, and n o subagreement shall relieve the CONS ULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to t h e L O C A L 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 LO CAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with reso urces available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCA L AGENCY Contract Administrato r , e x c e p t t h a t which is expressly identified in the CONSULTANT’s approved Cost Proposal.

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

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

E. Any substitution of Subconsultants must be approved in writi ng by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherw ise agreed to in writing, the respective amounts a llowed CONSULTANT on account o f the work performed by the subconsultants, t o the extent of each subconsu ltant’s interest therein. In the event that there is a good faith dispute over a ll or any portion of the amount due on a progress payment from CONSULTANT or subconsulta nt to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. An y violation of this requirement shall constitute a 30 cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collecti on 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. Th is clause applies to both DBE an d non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall m ake 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.

No retainage will be held by the LOCAL AGENCY from progress pay ments due to CONSULTANT. CONSULTANTS and subc onsultants are prohibited from holding retainage from subconsultants. A ny delay or postponement of pay ment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions sha ll subject the violating CONSU LTANT or subconsultant to the penalties, sanctions, and other remedies s pecified in Section 3321 of the California Civil Code. This requirement shall not b e construed to limit or impair any contractual, administr ative or judicial remedies, ot herwise available to CONSULTANT or subconsultant in t he event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance a nd/or noncompliance by a subconsultant. This clause applies to both D BE and non-DBE subconsultants.

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

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A.

Prior authorization in writing by LOCAL AGENCY’s Contract Ad ministrator shall be required before CONSULTANT ent ers into any unbudgeted purchase order, or subcontract exceeding five t housand dollars ($5,000) for suppli es, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
31 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 C ontract Administrator, three c ompetitive quotations must be submitted wit h the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1) 1.CONSULTANT shall maintain an inventory of all nonexpendabl e 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 mo re. If the purchased equipment needs replacement and is sold or traded in, L O C A L AGENCY shall receive a proper ref und 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 shal l be determined at CONSULTANT’s expens e, on the basis of a competent independent appraisal of such equipment. Appraisals shall be ob tained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTA NT, if it is determined to sell the equipment, the terms and condit ions of such sale must be approved in advance by LOCAL AGENCY.
2) Regulation 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.

No CONSULTANT or Subconsultant may be awarded an AGREEMENT c ontaining public work elements unless registered with the Department of I ndustrial Relations (DIR) pursuant to Labor Code §1725. 5. Registration with DIR mus t be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Trans portation's Regional/District Labor Compliance Officer ( https://dot.ca.gov/programs/construction/labor-compliance) . T h e s e w a g e rates are made a specific part of this AGREEMENT by reference p ursuant 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 perf ormed at LOCAL 32 AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

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

Payroll Records
1) Each CONSULTANT and Subconsultant shall keep accurate certif ied 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 ea ch day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subcons ultant in connection with the public work. Each payroll record shall c ontain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2) The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspec tion 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 reques t 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 submitt ed to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standar ds shall not be altered or ob literated by the CONSULTANT.
33 c.

The public shall not be given access to certified payroll re cords by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LO CAL AGENCY Contract Administrat or by both email and regular mail on the business day following recei pt of the request.
3) Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall no t be marked or obliterated.
5) The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6) The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) abov e. In the event the CONSULTANT o r 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) f or each calendar day, or portion thereof , for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

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

F. Penalty
1) The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant t o Labor Code §1775, the CONSULT ANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penal ty 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 34 public work done under the AGREEMEN T by the CONSULTANT or by i ts Subconsultant in violation of the requirements of the Labor Cod e and in particular, Labor Code §§1770 to 1780, inclusive.
2) The amount of this forfeiture shall be determined by the Lab or 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 Subconsultan t in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevail ing wages.

A mistake, inadvertence, or neglect in failing to pay the corre ct rates of prevailing wages is not excusable if the CONSULTANT or Subconsu ltant had knowledge of the obligations un der the Labor Code. The CONSULTA NT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3) In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof f or which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSUL TANT or Subconsultant.
4) If a worker employed by a Subconsultant on a public works pr oject is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties descr ibed above unless the prime CONSULTANT had knowledge of that failure of th e Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the fol lowing requirements:
a. The AGREEMENT executed bet ween the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified ge neral prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient fun ds due the Subconsultant for work performed on the public works project. 35 d. Prior to making final payment to the Subconsultant for work performed on the public works project, the C ONSULTANT shall obtain an aff idavit signed under penalty of perjury fro m the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5) Pursuant to Labor Code §1775, LOC AL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calend ar days of receipt of a complaint that a Subconsultant has failed to pay w orkers the general prevailing rate of per diem wages.
6) If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those em ployees the balance of wages owed under t he general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
1) Eight (8) hours labor constitutes a legal day's work. The C ONSULTANT 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, in clusive, except that work performed by employees in excess of eight (8) hours p er day, and forty (40) hours during any one week, shall be permitted upon c ompensation 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 bas ic rate of pay, as provided in §1815.

H. Employment of Apprentices
1) Where either the prime AGREEMENT or the subagreement exceeds t h i r t y thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Lab or Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2) CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the em ployment of apprentices, incl uding mandatory ratios of journey level to apprentice workers. Prior t o commencement of work, CONSULTANT and subconsultants are advised t o 36 contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regardi ng the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A.

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

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY a ny 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 intere st that may develop subsequent to the date of executi on of this AGREEMENT. CONSULT ANT further agrees to complete any statements of economic interest if requi red by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest t hat would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AG REEMENT, has established necessar y controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The
CONSULTANT warrants that this AGREEMENT was not obtained or s e c u r e d 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 AGRE EMENT 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, kick back or other unlawful consideration.
37 ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

FEDERAL FUNDS FOR LOBBYING
A.

The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1) No State, Federal, or LOCAL A GENCY 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 Legi slature or United States Cong ress, an officer or employee of the Legislature or Congress, or any empl oyee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or wit h the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a n officer or employee of any agency, a Member of Congress, an officer or emp loyee of Congress, or an employee of a m ember of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a mater ial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of t his 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 do llars ($10,000) and not more th an one hundred thousand dollars ($100,000) for each such failure.

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

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF

COMPLIANCE
A.

The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of Califor nia that the CONSULTANT has, unless exemp t, complied with the nondiscriminat ion program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the ba sis of race, religious creed, color, national origin, ancestry, physical dis ability, mental disability, medical condition, genetic information, marital status, sex, ge nder, gender identity, gender expression, age, sexual ori entation, or military and vet eran status, nor shall 38 they unlawfully discriminate, harass, or allow harassment again st any employee or applicant for employment because of race, religious creed, colo r, 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 vete ran 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. CONSULTANT and subconsultants shall comply with the provisio ns 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 LO CAL AGENCY to implement such article. The applic able regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100- 8504, are incorporated into this AGR EEMENT by reference and made a pa rt hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Dep artment of Fair Employment and Housing and the LOCAL AGENCY upon reasonable not ice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, rec ords, accounts, and all other sources of information and its facilities as said Departm ent or LOCAL AGENCY shall req uire to ascertain compliance with this clause.

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

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

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

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A.

The CONSULTANT’s signature a ffixed 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, partn er, director, officer or manager:
1) Is not currently under suspens ion, debarment, voluntary excl usion, or determination of ineligibility by any federal agency;
2) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3) Does not have a proposed debarment pending; and
4) Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdicti on in any matter involving fraud or official misconduct within the past three (3) years.

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

C. Exceptions to the Federal Gov ernment 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.

CONSULTANT, subrecipient (LOCA L AGENCY), or subconsultant sh all 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. CONS ULTANT 40 shall make work available to DBEs and select work parts consist ent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to me et this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is cert ified 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 DBE participation will count t oward the California Departme nt of Transportation’s federally mandated statewide over all DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs c ounts towards the goal in the following manner:
1) 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
2) 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
3) Only fees, commissions, and charges for assistance in the pr ocurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufactur er" and "regular dealer."
This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportat ion 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%. Pa rticipation by DBE CONSULTANT or subconsultants shall be in accordance with inform ation contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant i s unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either doc umenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate goo d faith effort means that the CONSULTANT must s how that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Inf ormation – Good 41 Faith Efforts to document effort s to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

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

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

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the spec ific DBEs listed to perform th e 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 s hall 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 LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1) Listed DBE fails or refuses to execute a written contract ba sed on plans and specifications for the project.
2) The LOCAL AGENCY stipulated t hat a bond is a condition of ex ecuting the subcontract and the listed DBE fa ils to meet the LOCAL AGENCY’s bond requirements.
42 3) Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4) Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5) Listed DBE's work is unsatisfactory and not in compliance with the contract. 6) Listed DBE is ineligible to wo rk on the project because of s uspension or debarment.
7) Listed DBE becomes bankrupt or insolvent.
8) Listed DBE voluntarily withdraws with written notice from the Contract. 9) Listed DBE is ineligible to receive credit for the type of work required. 10) Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11) The LOCAL AGENCY determines other documented good cause.

CONSULTANT 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 t he LOCAL AGENCY of the reason s why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:
1) One or more of the reasons listed in the preceding paragraph. 2) Notices from CONSULTANT to the DBE regarding the request. 3) Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must m ake 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. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and en forcement mechanism to ensure that DBE commitments reconcile to DBE utilization. 43 The LOCAL AGENCY shall request CONSULTANT to:
1) Notify the LOCAL AGENCY’s contract administrator or designat ed representative of any changes to its anticipated DBE participation. 2) Provide this notification before starting the affected work. 3) Maintain records including:
a. Name and business address of each 1st-tier subconsultant. b. Name and business address of each DBE subconsultant, DBE ven dor, and DBE trucking company, regardless of tier.
c. Date of payment and total amount paid to each business (see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTA NT, they shall include the date of work performed by their own forces and the corresponding value of the work.

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

Upon work completion, CONSULTANT shall complete Exhibit 17-F Fi nal 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. T h e L O C A L AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports o f 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 go al 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 responsible for execution of the work of the A GREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsib le, with respect to materials and supplies used on the AGREEMENT, for negotiating p rice, determining quality and quantity, or dering the material and installing (whe re applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, 44 evaluate the amount of work subc ontracted, industry practices, whether the amount the firm is to be paid under the AG REEMENT 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 pass ed in order to obtain the appearance of DBE partic ipation. In determining whe ther a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or e xercise 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 w ill be presumed that it is not performing a CUF.

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

K. If a DBE subconsultant is dec ertified during the life of the AGREEMENT, the decertified subconsultant shall not ify CONSULTANT in writing wi th the date of decertification. If a subconsult ant becomes a certified DBE du ring the life of the AGREEMENT, the subconsultant sha ll notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENC Y’s Contract Administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contra ctor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Ent erprise Running Tally of Payments to [email protected] with a copy to the Agency.

Any subcontract entered into as a result of this AGREEMENT s hall contain all of the provisions of this section.
45 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SI MI VALLEY AND BENGAL ENGINEERING,
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 Bengal Engineering, Inc., an S 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 t he 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. 46 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04

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 sheets, work progress reports, invoices, bills and project records for at least two (2) years 47 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
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, without limitation, injury to or death of an employee of CONSULTANT or its sub-consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, 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.

11. Termination. If, during the term of this CONT RACT, 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, including liquidated damages, if so provided herein. 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.
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 w ere 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 benefit s 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.
1 5. Time of Performance. Time is of the essence in this CONTRACT. 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.
49 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04

17. 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. 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.
1 9. 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 attorneys’ fees). This CONTRACT shall be governed 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. 50 G:\PW\Admin\RFPs\RFP 2021\RFQ No. PW 21-04
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 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 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 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 CONTRAC T 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:

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:

BENGAL ENGINEERING, 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
52 EXHIBIT “A”
SCO

PE OF WORK
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND BENGAL ENGINEERING,
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.
• The C
ity will provide the sample specifications and general provisions in Microsoft Word and templates for engineering cost estimates and bid forms 53 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.
• All
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.
54 EXHI
BIT “B”
SCH

EDULE OF FEES
CO

NTRACT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SIMI VALLEY AND BENGAL ENGINEERING,
INC. FOR ON-CALL CIVIL ENGINEERING DESIGN SERVICES,
RFQ NO. PW 21-04
55 Bengal Engineering Billing Rates
These rates will remain for the 2 year on-call contract period.

Bengal Engineering's current Caltrans ICR will be used for state and federally-funded projects:

Project Management
Bridge Engineering
Civil Engineering
Geotechnical Engineering
Engineering Geologist
Drafting / Technician
Administrative
Subcontractors
Travel
Vehicle
Reproduction/Postage, Etc.

Cost + 10% oversight
Cost; No cost for projects within Santa Barbara County.

Current IRS rate; No cost for projects within Santa Barbara County.

Cost
2021

BILLING RATE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
180.91
148.28
111.52

90.87 101.33
164.03
183.58
165.00
165.00
155.00
165.00
165.00

85.00 65.00
56 Local Assistanc e Procedures Manual
I
FORM 1 O-H2 Cost Proposal
EXHIBIT 10-H2
Cost Proposal

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not ~!lowed
I
Consultant: Bengal Engineering, Inc.

Project No.: Contract No.:

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

Page 4 of 9 ends

Janua,y 2020
57 Local Assistance PrJCedures Manual
FORM 1 O-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
Page2
Note: Mark-ups are Not Allow::ld Prime Consultant !~S-ub-c-on-s-ulta-nt~I 2nd Tier Subconsultant Consultant: Bengal Engineering, Inc.