Staff Report — Simi Valley City Council, March 18, 2024 (part 2 of 2)

164
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date: 2/26/2024
Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
159.31 $ N/A N/A 3/18/2024 ‐ 12/31/2024 55.00 $ 0.0% 50.00 $ ‐ 60.00 $ 166.48 $ N/A N/A 1/1/2025 ‐ 12/31/2025 57.48 $ 4.50% 52.25 $ ‐ 62.70 $ 173.97 $ N/A N/A 1/1/2026 ‐ 3/18/2026 60.06 $ 4.50% 54.60 $ ‐ 65.52 $ 139.03 $ N/A N/A 3/18/2024 ‐ 12/31/2024 48.00 $ 0.0% 46.00 $ ‐ 50.00 $ 145.29 $ N/A N/A 1/1/2025 ‐ 12/31/2025 50.16 $ 4.50% 48.07 $ ‐ 52.25 $ 151.83 $ N/A N/A 1/1/2026 ‐ 3/18/2026 52.42 $ 4.50% 50.23 $ ‐ 54.60 $ 127.45 $ N/A N/A 3/18/2024 ‐ 12/31/2024 44.00 $ 0.0% 42.00 $ ‐ 46.00 $ 133.18 $ N/A N/A 1/1/2025 ‐ 12/31/2025 45.98 $ 4.50% 43.89 $ ‐ 48.07 $ 139.18 $ N/A N/A 1/1/2026 ‐ 3/18/2026 48.05 $ 4.50% 45.87 $ ‐ 50.23 $ 117.31 $ N/A N/A 3/18/2024 ‐ 12/31/2024 40.50 $ 0.0% 39.00 $ ‐ 42.00 $ 122.59 $ N/A N/A 1/1/2025 ‐ 12/31/2025 42.32 $ 4.50% 40.76 $ ‐ 43.89 $ 128.10 $ N/A N/A 1/1/2026 ‐ 3/18/2026 44.23 $ 4.50% 42.59 $ ‐ 45.87 $ 105.72 $ N/A N/A 3/18/2024 ‐ 12/31/2024 36.50 $ 0.0% 34.00 $ ‐ 39.00 $ 110.48 $ N/A N/A 1/1/2025 ‐ 12/31/2025 38.14 $ 4.50% 35.53 $ ‐ 40.76 $ 115.45 $ N/A N/A 1/1/2026 ‐ 3/18/2026 39.86 $ 4.50% 37.13 $ ‐ 42.59 $ 134.69 $ N/A N/A 3/18/2024 ‐ 12/31/2024 46.50 $ 0.0% 43.00 $ ‐ 50.00 $ 140.75 $ N/A N/A 1/1/2025 ‐ 12/31/2025 48.59 $ 4.50% 44.94 $ ‐ 52.25 $ 147.08 $ N/A N/A 1/1/2026 ‐ 3/18/2026 50.78 $ 4.50% 46.96 $ ‐ 54.60 $ 108.62 $ N/A N/A 3/18/2024 ‐ 12/31/2024 37.50 $ 0.0% 32.00 $ ‐ 43.00 $ 113.51 $ N/A N/A 1/1/2025 ‐ 12/31/2025 39.19 $ 4.50% 33.44 $ ‐ 44.94 $ 118.62 $ N/A N/A 1/1/2026 ‐ 3/18/2026 40.95 $ 4.50% 34.94 $ ‐ 46.96 $ ‐‐
‐
(Add pages as necessary. See Additional Sheet.)
CADD Designer
(Exempt)
Hourly Range
(Classifications Only)
(Exempt)
Design Engineer III
(Exempt)
Design Engineer II
(Exempt)
Design Engineer I
(Exempt)
Assistant Design Engineer
(Exempt)
Project Engineer
Senior CADD Designer
(Exempt)
CNS Engineers, Inc.

PW 24‐02
Name & Job Title / Classification Hourly Billing Rates Effective Year of Hourly Rate
Page _ of __
165
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Mark‐ups are not allowed. The cost proposal format shall not be amended.

Billing Rate = Actual Hourly Rate * (1 + ICR) * (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

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

For named staff, classification shall also be listed to account for possible staff changes. Contract Manager’s pre‐approval is required for addition of staff not previously listed on the cost proposal.

Subconsultants must provide their own cost proposals.

Notes:

1. 2.

3. 4.

5. Page __ of __
166
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: CNS Engineers, Inc. Contract Amount:

Project No.: PW 24‐02 Date: 2/26/2024
Quantity Unit Unit Cost Total
IRS Std Rate
Actual
Actual
EA Actual
EA Actual
Actual
Notes:

Other:

Vehicle (Rental)
Other: Outside Reproduction
Other:

Other:

Mileage Costs
Equipment Rental and Supplies
Schedule of Other Direct Cost Items (Add additional pages as necessary) Description of Item
Permit Fees
Plan Sheets
Test
Subconsultant 1:

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

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

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

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

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

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

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

1. 2.

3. 4.

5. 6.

7. Subconsultant 2:

Subconsultant 3:

Page __ of __
167
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects miles claimed should be supported by mileage logs.

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.

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

Subconsultants must provide their own cost proposals.

8. 9.

10. Page __ of __
168
169
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate (ICR):

Combined Rate: Or
Facilities Capital Cost of Money (if applicable):

Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31)
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
•
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 CNS Engineers, Inc.
163.32

0.08 01/01/2022-12/31/2022
170
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; •
• Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is •
Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name ** Title**:

Signature: Date:

Phone**: Email**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 10,242,758.00
1 22
Lily Huang CFO
Lily Huang
Digitally signed by Lily Huang
Date: 2024.02.28 10:44:01 -08'00'
[email protected](949) 588-6191
02/28/2024
171

Rincon Consultants
172
Consultant:

Project No.: Date: 2/26/2024
Straight OT (1.5x) OT (2x)
$319.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$319.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$319.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$307.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$307.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$307.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$307.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$307.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$307.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$292.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$292.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$292.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$272.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$272.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$272.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$255.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$255.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$255.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$238.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$238.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$238.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$211.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$211.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$211.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$196.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$196.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$196.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$174.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$174.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$174.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$155.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$155.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$155.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$130.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$130.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$130.00 N/A N/A 1/1/2026 ‐ 3/18/2026
Cost Proposal
Specific Rate of Compensation for Non‐State/Federally Funded Projects On‐Call Civil Engineering Design Services, RFQ No. PW 24‐02 Rincon Consultants, Inc.
24‐15606
Senior Professional II
Senior Professional I
Senior Principal
Senior Supervisor II
Director
Principal
Supervisor I
Loaded Hourly Billing RatesJob Title / Classification Effective Year of Hourly Rate Professional IV
Professional III
Associate III
Professional I
Professional II
173
$117.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$117.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$117.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$109.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$109.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$109.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$94.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$94.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$94.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$196.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$196.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$196.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$187.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$187.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$187.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$167.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$167.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$167.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$150.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$150.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$150.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$147.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$147.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$147.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$125.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$125.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$125.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$107.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$107.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$107.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$120.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$120.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$120.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$107.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$107.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$107.00 N/A N/A 1/1/2026 ‐ 3/18/2026
Notes:

Clerical
GIS/CADD Specialist I
Technical Editor
Project Accountant
Billing Specialist
Publishing Specialists

1. The billing rate includes all incidental costs such as mileage, rental cars, and reproduction etc.

2. Reimbursable costs such as permitting, geotechnical exploratory boring, traffic controls etc. will be reimbursed with supporting documents.

Associate II
Associate I
Field Technician
Data Solutions Architect
Senior GIS Specialist
GIS/CADD Specialist II
174
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date: 2/26/2024
For Combined Rate
Fringe Benefit %= 192.14% Combined ICR %
For Home Office Rate
= Home Office ICR %
For Field Office Rate
= Field Office ICR %
Fee = 10%
Actual or Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
324.44 $      N/A N/A 3/18/2024 ‐ 12/31/2024 100.96$             ‐ ‐ 339.04 $      N/A N/A 1/1/2025 ‐ 12/31/2025 105.50$             4.50% ‐ 354.30 $      N/A N/A 1/1/2026 ‐ 3/18/2026 110.25$             4.50% ‐ 258.59 $      N/A N/A 3/18/2024 ‐ 12/31/2024 80.47$               ‐ ‐ 270.23 $      N/A N/A 1/1/2025 ‐ 12/31/2025 84.09$               4.50% ‐ 282.39 $      N/A N/A 1/1/2026 ‐ 3/18/2026 87.88$               4.50% ‐ 146.83 $      N/A N/A 3/18/2024 ‐ 12/31/2024 45.69$               ‐ ‐ 153.43 $      N/A N/A 1/1/2025 ‐ 12/31/2025 47.75$               4.50% ‐ 160.34 $      N/A N/A 1/1/2026 ‐ 3/18/2026 49.89$               4.50% ‐ 185.45 $      N/A N/A 3/18/2024 ‐ 12/31/2024 57.71$               ‐ ‐ 193.80 $      N/A N/A 1/1/2025 ‐ 12/31/2025 60.31$               4.50% ‐ 202.52 $      N/A N/A 1/1/2026 ‐ 3/18/2026 63.02$               4.50% ‐ (Add pages as necessary. See Additional Sheet.)
+ General & Administrative %
Name & Job Title / Classification
+   General & Administrative %
+   General & Administrative %
(Classifications Only)
Effective Year of
Hourly Rate
Hourly Range
Senior Planner II
Notes:

Rincon Consultants, Inc.

PW 24‐02
Fringe Benefit %
Fringe Benefit %
Kim Avila
Principal
Colby Boggs
Principal
Taylor Freeman
Senior Planner I
OR
Hourly Billing Rates
Greg Martin

Page 1 ends

175
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date: 2/26/2024
Actual or Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
189.25 $ N/A N/A 3/18/2024 ‐ 12/31/2024 58.89$ ‐ ‐ 197.76 $ N/A N/A 1/1/2025 ‐ 12/31/2025 61.54$ 4.50% ‐ 206.66 $ N/A N/A 1/1/2026 ‐ 3/18/2026 64.31$ 4.50% ‐ 262.64 $ N/A N/A 3/18/2024 ‐ 12/31/2024 81.73$ ‐ ‐ 274.46 $ N/A N/A 1/1/2025 ‐ 12/31/2025 85.41$ 4.50% ‐ 286.81 $ N/A N/A 1/1/2026 ‐ 3/18/2026 89.25$ 4.50% ‐ 201.42 $ N/A N/A 3/18/2024 ‐ 12/31/2024 62.68$ ‐ ‐ 210.49 $ N/A N/A 1/1/2025 ‐ 12/31/2025 65.50$ 4.50% ‐ 219.96 $ N/A N/A 1/1/2026 ‐ 3/18/2026 68.45$ 4.50% ‐ 243.78 $ N/A N/A 3/18/2024 ‐ 12/31/2024 75.86$ ‐ ‐ 254.75 $ N/A N/A 1/1/2025 ‐ 12/31/2025 79.27$ 4.50% ‐ 266.21 $ N/A N/A 1/1/2026 ‐ 3/18/2026 82.84$ 4.50% 244.10 $ N/A N/A 3/18/2024 ‐ 12/31/2024 75.96$ ‐ ‐ 255.09 $ N/A N/A 1/1/2025 ‐ 12/31/2025 79.38$ 4.50% ‐ 266.56 $ N/A N/A 1/1/2026 ‐ 3/18/2026 82.95$ 4.50% ‐ 261.58 $ N/A N/A 3/18/2024 ‐ 12/31/2024 81.40$ ‐ ‐ 273.35 $ N/A N/A 1/1/2025 ‐ 12/31/2025 85.06$ 4.50% ‐ 285.65 $ N/A N/A 1/1/2026 ‐ 3/18/2026 88.89$ 4.50% ‐ 167.14 $ N/A N/A 3/18/2024 ‐ 12/31/2024 52.01$ ‐ ‐ 174.66 $ N/A N/A 1/1/2025 ‐ 12/31/2025 54.35$ 4.50% ‐ 182.52 $ N/A N/A 1/1/2026 ‐ 3/18/2026 56.80$ 4.50% ‐ 194.97 $ N/A N/A 3/18/2024 ‐ 12/31/2024 60.67$ ‐ ‐ 203.74 $ N/A N/A 1/1/2025 ‐ 12/31/2025 63.40$ 4.50% ‐ 212.91 $ N/A N/A 1/1/2026 ‐ 3/18/2026 66.25$ 4.50% ‐ 198.50 $ N/A N/A 3/18/2024 ‐ 12/31/2024 61.77$ ‐ 207.43 $ N/A N/A 1/1/2025 ‐ 12/31/2025 64.55$ 4.50% 216.77 $ N/A N/A 1/1/2026 ‐ 3/18/2026 67.45$ 4.50% Greg Ainsworth
Director
Jared Reed
Senior Biologist II
Lexi Journey
Effective Year of
Hourly Rate
Hourly Range
(Classifications Only)
Supervisor Planner I
Josh Carman
Director
Bill Vosti
Supervisor Planner I
Christopher Duran
Principal
Shannon Carmack
Principal
Leo Mena
Rincon Consultants, Inc.

PW 24‐02
Name & Job Title / Classification Hourly Billing Rates
Julie Welch
Director
Page _ of __
176
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects 222.12 $ N/A N/A 3/18/2024 ‐ 12/31/2024 69.12$ ‐ 232.12 $ N/A N/A 1/1/2025 ‐ 12/31/2025 72.23$ 4.50% 242.56 $ N/A N/A 1/1/2026 ‐ 3/18/2026 75.48$ 4.50%

95.06 $ N/A N/A 3/18/2024 ‐ 12/31/2024 29.58$ ‐ 28.35 $ 31.40 $

99.33 $ N/A N/A 1/1/2025 ‐ 12/31/2025 30.91$ 4.50% 29.63 $ 32.81 $ 103.80 $ N/A N/A 1/1/2026 ‐ 3/18/2026 32.30$ 4.50% 30.96 $ 34.29 $ 135.96 $ N/A N/A 3/18/2024 ‐ 12/31/2024 42.31$ ‐ 38.24 $ ‐ 52.00 $ 142.08 $ N/A N/A 1/1/2025 ‐ 12/31/2025 44.21$ 4.50% 39.96 $ ‐ 54.34 $ 148.48 $ N/A N/A 1/1/2026 ‐ 3/18/2026 46.20$ 4.50% 41.76 $ ‐ 56.79 $ ‐‐
‐
(Add pages as necessary. See Additional Sheet.)
Project Accountant
Billing Specialist
Nicole West
Senior Supervisor Planner II
Page _ of __
177
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Mark‐ups are not allowed. The cost proposal format shall not be amended.

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

Subconsultants must provide their own cost proposals.

Notes:

1. 2.

3. 4.

5. Page __ of __
178
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Rincon Consultants, Inc. Contract Amount:

Project No.: PW 24‐02 Date: 2/26/2024
Quantity Unit Unit Cost Total
Mile IRS Std Rate
Actual
Actual
Actual
EA Actual
EA Actual
Notes:

Subconsultant 1:

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

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

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

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

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

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

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.

1. 2.

3. 4.

5. 6.

7. Subconsultant 2:

Subconsultant 3:

Other:

Vehicle (Rental)
Records Search
Other:

Other:

Mileage Costs
Equipment Rental and Supplies
Schedule of Other Direct Cost Items (Add additional pages as necessary) Description of Item
Permit Fees
Plan Sheets
Test
Page __ of __
179
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects 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.

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

Subconsultants must provide their own cost proposals.

8. 9.

10. Page __ of __
180
181
182
183

BKF Engineers
184
Consultant:

Project No.: Date: 2/26/2024
Straight OT (1.5x) OT (2x)
Roger Chung $256.61 N/A N/A 3/18/2024 ‐ 12/31/2024
Sr. Project Manager $268.16 N/A N/A 1/1/2025 ‐ 12/31/2025 Drainage $280.23 N/A N/A 1/1/2026 ‐ 3/18/2026
Dan Villines $272.35 N/A N/A 3/18/2024 ‐ 12/31/2024
Sr. Project Manager $284.61 N/A N/A 1/1/2025 ‐ 12/31/2025 Channel/Drainage Structrue Mod. $297.42 N/A N/A 1/1/2026 ‐ 3/18/2026 Phil Jones $260.48 N/A N/A 3/18/2024 ‐ 12/31/2024
Sr. Project Manager $272.20 N/A N/A 1/1/2025 ‐ 12/31/2025 Water Quality $284.45 N/A N/A 1/1/2026 ‐ 3/18/2026
Kenny Hyman $218.49 N/A N/A 3/18/2024 ‐ 12/31/2024
Sr. Project Engineer $228.32 N/A N/A 1/1/2025 ‐ 12/31/2025 Drainage $238.59 N/A N/A 1/1/2026 ‐ 3/18/2026
Robin Hayes $179.32 N/A N/A 3/18/2024 ‐ 12/31/2024
Sr. Project Engineer $187.39 N/A N/A 1/1/2025 ‐ 12/31/2025 Drainage $195.82 N/A N/A 1/1/2026 ‐ 3/18/2026
Daniela Maldini $120.23 N/A N/A 3/18/2024 ‐ 12/31/2024
Design Engineer $125.64 N/A N/A 1/1/2025 ‐ 12/31/2025
Drainage $131.29 N/A N/A 1/1/2026 ‐ 3/18/2026
$0.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$0.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$0.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$0.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$0.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$0.00 N/A N/A 1/1/2026 ‐ 3/18/2026
Notes:

Cost Proposal
Specific Rate of Compensation for Non‐State/Federally Funded Projects On‐Call Civil Engineering Design Services, RFQ No. PW 24‐02 BKF Engineers
PW 24‐02

1. The billing rate includes all incidental costs such as mileage, rental cars, and reproduction etc.

2. Reimbursable costs such as permitting, geotechnical exploratory boring, traffic controls etc. will be reimbursed with supporting documents.

Loaded Hourly Billing RatesJob Title / Classification Effective Year of Hourly Rate 185
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date: 2/26/2024
For Combined Rate
Fringe Benefit % 0% 199.7% = 195.00% Combined ICR %
For Home Office Rate
= Home Office ICR %
For Field Office Rate
= Field Office ICR %
Fee = 10%
Actual or Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
256.61$ N/A N/A 3/18/2024 - 12/31/2024 79.08$ 0.0% - 268.16$ N/A N/A 1/1/2025 - 12/31/2025 82.64$ 4.50% - Drainage 280.23$ N/A N/A 1/1/2026 - 3/18/2026 86.36$ 4.50% - 272.35$ N/A N/A 3/18/2024 - 12/31/2024 83.93$ 0.0% - 284.61$ N/A N/A 1/1/2025 - 12/31/2025 87.71$ 4.50% - Channel/Drainage Structure Mod. 297.42$ N/A N/A 1/1/2026 - 3/18/2026 91.65$ 4.50% - 260.48$ N/A N/A 3/18/2024 - 12/31/2024 80.27$ 0.0% - 272.20$ N/A N/A 1/1/2025 - 12/31/2025 83.88$ 4.50% - Water Quality 284.45$ N/A N/A 1/1/2026 - 3/18/2026 87.66$ 4.50% - 218.49$ N/A N/A 3/18/2024 - 12/31/2024 67.33$ 0.0% - 228.32$ N/A N/A 1/1/2025 - 12/31/2025 70.36$ 4.50% - Drainage 238.59$ N/A N/A 1/1/2026 - 3/18/2026 73.53$ 4.50% - (Add pages as necessary. See Additional Sheet.)
+ General & Administrative %
Name & Job Title / Classification
+ General & Administrative %
+ General & Administrative %
(Classifications Only)
Effective Year of
Hourly Rate
Hourly Range
Sr. Project Engineer
BKF Engineers
PW 24-02
Fringe Benefit %
Fringe Benefit %
Roger Chung
Sr. Project Manager
Dan Villines
Sr. Project Manager
Phil Jones
Sr. Project Manager
OR
Hourly Billing Rates
Kenny Hyman

Page 1 ends

186
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Mark-ups are not allowed. The cost proposal format shall not be amended.

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

For named staff, classification shall also be listed to account for possible staff changes. Contract Manager’s pre-approval is required for addition of staff not previously listed on the cost proposal.

Subconsultants must provide their own cost proposals.

Notes:

1. 2.

3. 4.

5. Page __ of __
187
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: BKF Engineers Contract Amount:

Project No.: PW 24-02 Date: 2/26/2024
Quantity Unit Unit Cost Total
Mi IRS Std Rate
Actual
Actual
EA Actual
Notes:

Subconsultant 1:

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

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

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

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

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

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

1. 2.

3. 4.

5. 6.

Subconsultant 2:

Subconsultant 3:

Other:

Vehicle (Rental)
Other:

Other:

Mileage Costs
Equipment Rental and Supplies
Schedule of Other Direct Cost Items (Add additional pages as necessary) Description of Item
Permit Fees
Plan Sheets
Test
Page __ of __
188
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects 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.

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

Subconsultants must provide their own cost proposals.

7. 8.

9. 10.

Page __ of __
189
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date: 2/26/2024
Actual or Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
179.32$ N/A N/A 3/18/2024 - 12/31/2024 55.26$ 0.0% - 187.39$ N/A N/A 1/1/2025 - 12/31/2025 57.75$ 4.50% - Drainage 195.82$ N/A N/A 1/1/2026 - 3/18/2026 60.35$ 4.50% - 120.23$ N/A N/A 3/18/2024 - 12/31/2024 37.05$ - - 125.64$ N/A N/A 1/1/2025 - 12/31/2025 38.72$ 4.50% - Drainage 131.29$ N/A N/A 1/1/2026 - 3/18/2026 40.46$ 4.50% - - -
-
- -
-
- -
-
(Add pages as necessary. See Additional Sheet.)
Hourly Range
(Classifications Only)
Sr. Project Engineer
Daniela Maldini
Design Engineer
Robin Hayes
BKF Engineers
PW 24-02
Name & Job Title / Classification Hourly Billing Rates Effective Year of Hourly Rate
Page _ of __
190
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects 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.

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

Subconsultants must provide their own cost proposals.

7. 8.

9. 10.

Page __ of __
191
192
(Caltrans granted an exception of using FY2021 ICR for
FY2022; however, 195% shall be used.)
193
194
1 James Lu
From: Jean Chen <[email protected]>
Sent: Wednesday, February 28, 2024 5:35 PM
To: Roger Chung
Cc: Roger Chung; Chris Rideout; Jason Kirchmann; Jaggi Bhandal; Gordon Sweet Subject: with my signature
To whom it may Concern,

Related to a separate federally funded project through the City of Healdsburg and Audit through the Caltrans Independent Oﬃce of Audits and InvesƟgaƟons, BKF was granted an excepƟon, accepƟng our 2021 ICR as of fall 2023. This was memorialized by Caltrans IOA in the email below, along with a subsequen t email from Bambi Jake (Associate Governmental Program Analyst) received on 8/1/2023, documenƟng the Acceptance of ICR for City of Healdsburg and BKF Engineers (P1391‐1329).

This was published on Caltrans’ ICR website for BKF engineers, with an accepted CT ID # L2023‐1758, issued 8/1/2023, using the excepted Fiscal Year period of 1/1/2021 to 12/31/2021.

hƩps://ig.dot.ca.gov/resources/icr‐id‐lo
g/b

It should be noted that although our ICR is accepted at 199.70%, BKF is voluntarily reducing this to 195.00%.

It should also be noted that BKF is underway with preparing and ﬁnalizing our 2023 ICR documentaƟon, including our independent auditor’s report; this is anƟcipated to be completed and available before June 30 , 2024

We understand it is Caltrans policy that 2022 ICRs are required for ﬁnancial document packages received aŌer 6/30/2023, however, based on this excepƟon and our understanding that our issued ICR ID # is within the same year, our excepƟon/ICR remains valid, and is permissible for use unƟl 6 /30/2024.

Similar to our experience with subsequent projects – if the ICR is deemed outdated/expired during the Project’s audit with Caltrans IOA, the Project’s sponsor will be noƟﬁed accordingly, and BKF will be responsible at that Ɵme to provide the necessary documentaƟon, incl
uding our pending (new) 2023 documentaƟon and independent auditor’s report. Based on that course of events (if applicable) – we would request to proceed with the excepƟon that was granted and our current ICR ID # and OH rate proposed in our scope/fee.

Sincerely

Jean Chen, CFO
BKF Engineers

195

Diaz Yourman Associates
196
Consultant:

Project No.: Date: 2/26/2024
Straight OT (1.5x) OT (2x)
$322.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$335.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$349.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$269.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$280.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$292.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$247.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$257.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$268.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$204.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$213.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$222.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$185.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$193.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$201.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$162.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$169.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$176.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$150.00 179.00 $ 208.00 $ 3/18/2024 ‐ 12/31/2024 $156.00 186.00 $ 216.00 $ 1/1/2025 ‐ 12/31/2025 $163.00 194.00 $ 225.00 $ 1/1/2026 ‐ 3/18/2026 $124.00 148.00 $ 171.00 $ 3/18/2024 ‐ 12/31/2024 $129.00 154.00 $ 179.00 $ 1/1/2025 ‐ 12/31/2025 $135.00 213.00 $ 247.00 $ 1/1/2026 ‐ 3/18/2026 $188.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$196.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$204.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$224.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$233.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$242.00 N/A N/A 1/1/2026 ‐ 3/18/2026
$259.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$269.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$280.00 N/A N/A 1/1/2026 ‐ 3/18/2026
Geotechnical Principal
(Exempt)
Project Engineer I
(Exempt)
Senior Engineer
(Exempt)
Geotechnical Project Manager
(Exempt)
Staff Engineer II
(Exempt)
Staff Engineer I/Staff Geologist I
(Exempt)
Technical Editing
(Non Exempt)
Word Processing/CADD
(Non‐Exempt)
Prevailing Wage ‐ 2X
Prevailing Wage ‐ 1.5X
Prevailing Wage ‐ Straight Time
Loaded Hourly Billing RatesJob Title / Classification Effective Year of Hourly Rate Cost Proposal
Specific Rate of Compensation for Non‐State/Federally Funded Projects On‐Call Civil Engineering Design Services, RFQ No. PW 24‐02 Diaz•Yourman & Associates
PW 24‐02
197
$0.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$0.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$0.00 N/A N/A 1/1/2026 ‐ 3/18/2026
N/A N/A 3/18/2024 ‐ 12/31/2024
N/A N/A 1/1/2025 ‐ 12/31/2025
N/A N/A 1/1/2026 ‐ 3/18/2026
Notes:

1. The billing rate includes all incidental costs such as mileage, rental cars, and reproduction etc.

2. Reimbursable costs such as permitting, geotechnical exploratory boring, traffic controls etc. will be reimbursed with supporting documents.
198
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date:

For Combined Rate
Fringe Benefit % 34.03% 154.22% = 188.24% Combined ICR % For Home Office Rate

34.03% 154.22% = 188.24% Home Office ICR %
For Field Office Rate

34.03% 154.22% = 188.24% Field Office ICR %
Fee = 10%
Actual or Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
327.05$ N/A N/A 3/18/2024 ‐ 12/31/2024 103.15$ 0.0% N/A ‐ 341.77$ N/A N/A 1/1/2025 ‐ 12/31/2025 107.79$ 4.5% ‐ 357.15$ N/A N/A 1/1/2026 ‐ 3/18/2026 112.64$ 4.5% ‐ 183.90$ N/A N/A 3/18/2024 ‐ 12/31/2024 58.00$ 0.0% N/A ‐ 192.17$ N/A N/A 1/1/2025 ‐ 12/31/2025 60.61$ 4.5% ‐ 200.82$ N/A N/A 1/1/2026 ‐ 3/18/2026 63.34$ 4.5% ‐ 183.90$ N/A N/A 3/18/2024 ‐ 12/31/2024 58.00$ 0.0% N/A ‐ 192.17$ N/A N/A 1/1/2025 ‐ 12/31/2025 60.61$ 4.5% ‐ 200.82$ N/A N/A 1/1/2026 ‐ 3/18/2026 63.34$ 4.5% ‐ 146.61$ N/A N/A 3/18/2024 ‐ 12/31/2024 46.24$ 0.0% N/A ‐ 153.21$ N/A N/A 1/1/2025 ‐ 12/31/2025 48.32$ 4.5% ‐ 160.10$ N/A N/A 1/1/2026 ‐ 3/18/2026 50.50$ 4.5% ‐ 128.25$ 148.48$ 168.70$ 3/18/2024 ‐ 12/31/2024 40.45$ 0.0% N/A ‐ 134.02$ 155.16$ 176.29$ 1/1/2025 ‐ 12/31/2025 42.27$ 4.5% ‐ 140.06$ 162.14$ 184.23$ 1/1/2026 ‐ 3/18/2026 44.17$ 4.5% ‐ 150.61$ 174.36$ 198.11$ 3/18/2024 ‐ 12/31/2024 47.50$ 0.0% N/A ‐ 157.38$ 182.20$ 207.02$ 1/1/2025 ‐ 12/31/2025 49.64$ 4.5% ‐ 164.47$ 190.40$ 216.34$ 1/1/2026 ‐ 3/18/2026 51.87$ 4.5% ‐ (Add pages as necessary. See Additional Sheet.)
Notes:

Chaitanya (KC) Kukutla, Hazardous
Materials (Project Manager)
Exempt
Sandi Diaz, Word Processor
Non‐Exempt
Kristin Conrad, Technical Editor
Non‐Exempt
Mark‐ups are not allowed. The cost proposal format shall not be amended.

Billing Rate = Actual Hourly Rate * (1 + ICR) * (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or a ccepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

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

For named staff, classification shall also be listed to account for possible staff changes. Co ntract Manager’s pre‐approval is required for addition of staff not previously listed on the cost proposal.

Subconsultants must provide their own cost proposals.

1. 2.

3. 4.

5. Ted Reinert, Project Engineer I
Exempt
Effective Year of
Hourly Rate
Hourly Range
Saul Cuautle, Geotechnical Manager
(Project Manager) Exempt
Diaz Consultants, Inc. dba Diaz Yourman & Ass
Fringe Benefit %
Fringe Benefit %
S. Niranjanan, Geotechnical Principal
Exempt
OR
Hourly Billing RatesName & Job Title / Classification
+ General & Administrative %
+ General & Administrative %
\
+ General & Administrative %
RFQ No. PW24‐02 2/26/2024
(Classifications Only)

Page 1 ends

199
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Diaz Consultants, Inc. dba Diaz Yourman & Associates Contract Amount: \ Project No.: RFQ No. PW24‐02 Date: 2/26/2024
Quantity Unit Unit Cost Total
Mile IRS Std Rate
Actual
Actual
Actual
Actual
1 Day $110.00
1 Day $72.00
1 Day $65.00
1 Day $255.00
List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

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

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

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

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

Travel related costs should be pre‐approved by the contracting agency and sh all not exceed current State Department of Personnel Administration rules.

If a consultant proposes rental costs for a vehicle, the co mpany 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.

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

Subconsultants must prov ide their own cost proposals.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Manometer
Coring Machine
Subconsultant 1:

Slope Inclinometer
Vehicle
Outside Services (Drillers, Laboratory Testing, Traffic Control Geophysical Surveys)
Nuclear Gauge
Plan Sheets
Test
Mileage Costs
Equipment Rental and Supplies
Schedule of Other Direct Cost Items (Add additional pages as necessary) Description of Item
Permit Fees
Page _2_ of _2_
200
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _5_ of _23_
Consultant: Prime or Subconsultant:

Project No.: Date:

Home Office Personnel: Fringe Benefit % Overhead % Combined % NORMAL 34.03% + + = 188.24%
OVERTIME 34.03% + + = 188.24%
Field Office Personnel: Fringe Benefit % Overhead % Combined % NORMAL 34.03% + + = 188.24%
OVERTIME 34.03% + + = 188.24%
= 10%
= 1.00
= 1.00
Non Exempt Employee Loaded Billing Rates
Exempt Employee Loaded Billing Rates
Notes:
154.22%
General Administration %
C) Straight Time or 1.5X or 2.0X Overtime = Actual Hourly Rate * (1 + Field O.H.) * (1 + Fee) + Delta Base * (Applicable Multiplier Delta Base) + Delta Fringe * (Applicable Multiplier Delta Fringe)
A) Straight Time = Actual Hourly Rate * (1 + Field O.H.) * (1 + Fee) + Delta Base * (Applicable Multiplier Delta Base) + Delta Fringe * (Applicable Multiplier Delta Fringe) B) 1.5X or 2.0X Overtime = (Actual Hourly Rate) * (1 + Field O.H.) * (1 + Fee) +.5X or 1.0X (Actual Hourly Rate) + Delta Base * (Applicable Multiplier Delta Base) + Delta Fringe * (Applicable Multiplier Delta Fringe)

5. Travel Time Charges: For Managers: On weekdays up to a maximum of 8 hours will be charged for work time, travel time or any combination of travel and work time. Billing Rate = Loaded Rate Formula "C" above. For Exempt staff: During regular work day, actual travel time not to exceed 8 hours in any one day or one way travel will be billed as follow: Billing rate for travel time = Loaded Rate Formula "C" above. All travel time, outside of the regular work day, will be billed without the application of overhead rate as follow: Billing Rate = (Actual Hourly Rate) (1+ Fee) + (Delta Base + Delta Fringe). For Non‐Exempt Employees: During regular work day, actual travel time not to exceed 8 hours in any one day or one way travel will be billed at full normal overhead rate (i.e. without the application of the 1.5X or 2.0X multiplier for overtime as follow) Fee
Diaz Consultants, Inc. dba Diaz Yourman &
RFQ No. PW24‐02
Loaded Rate Calculation
Subconsultant
154.22%
Applicable Multiplier Delta Base (Field)
Applicable Multiplier Fringe (Field)
The PW differentials Delta Base and Delta Fringe shown in the formulas above for Loaded Billing Rates are applicable only when performing services covered under DIR determinations.

The PW differentials Delta Base and Delta Fringe shown in the formulas above for Loaded Billing Rates are applicable only when performing services covered under DIR determinations.

1. Prevailing Wages specified are based on current DIR determination. Any future DIR escalation of prevailing wage rates will be reflected in the loaded rates.

2. "NC" denotes No Charge for work more than 8 hours per day and for weekends and holidays for this contract only.

3. The billing rates shown in this cost proposal for field staff entitled for PW rates are calculated with estimated fringe benefits of the staff. The actual billing rates to be used in the invoices will be calculated by using the actual PW fringe benefits of the individual staff in accordance with the certified benefits statement submitted with each invoice.

4. The employees' actual hourly rates shown in this cost proposal are the rates that were effective on xx/xx/xx. Contract Manager's pre‐approval is required for addition of staff not previously listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rates on xx/xx/xx. Hourly rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience.
2/26/2024
General Administration %
154.22%
154.22%
201
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _6_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46$ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 75.48$ 78.88$ 65.11$ 68.04$

1.5 OT 113.22$ 118.32$

2.0 OT 150.96$ 157.76$

12.12$ 12.48$
Straight 87.60$ 91.36$

1.5 OT 125.34$ 130.80$

2.0 OT 163.08$ 170.24$
Straight (3.67)$ 0.09$

1.5 OT 4.84$ 10.30$

2.0 OT 13.35$ 20.51$
Straight (3.67)$ ‐$

1.5 OT 25.53$ 30.63$

2.0 OT 34.04$ 40.84$
Straight (3.67)$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
RFQ No. PW24‐02
Home or Field Office Personnel Field Field Home
Base Salary
Estimate Fringe
Total = Base +
Fringe
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Exempt
ExemptPrevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt Effective Dates of Hourly Rate
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Prevailing Wage Work
Prevailing Wage Work Non ‐Prevailing Wage Work
Name/Classification Jorge Sandoval/ Field Soils Jorge Sandoval/ Senior Engineer
(Add pages as necessary)
Diaz Consultants, Inc., dba Diaz Yourman &
Associates
202
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _7_ of _23_
Straight 239.32$             250.10$             206.44$             215.73$ OT (1.5x) 277.06$             289.54$
OT (2x) 314.80$             328.98$

4.5% 4.5%

75.48$ 78.88$ 65.11$ 68.04$

N/A N/A N/A N/A
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
Loaded Hourly Billing Rates
203
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _8_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 79.15$ 82.71$ 36.16$ 37.79$

1.5 OT 118.73$ 124.07$

2.0 OT 158.30$ 165.42$

12.12$ 12.48$
Straight 91.27 $ 95.19$

1.5 OT 130.85$ 136.55$

2.0 OT 170.42$ 177.90$
Straight ‐$ 3.92$

1.5 OT 10.35$ 16.05$

2.0 OT 20.69$ 28.17$
Straight ‐$ ‐$

1.5 OT 31.04$ 36.38$

2.0 OT 41.38$ 48.50$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt
Exempt Exempt
Diaz Consultants, Inc., dba Diaz Yourman &
Associates RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Ashley Scholder/ Field Soils Ashley Scholder/ Staff Geologist I 204
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _9_ of _23_
Straight 250.96$             262.25$             114.65$             119.82$ OT (1.5x) 290.53$             303.60$
OT (2x) 330.11$             344.96$

4.5% 4.5%

79.15$ 82.71$ 36.16$ 37.79$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
205
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _10_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 79.37$ 82.94$ 37.88$ 39.58$

1.5 OT 119.06$ 124.41$

2.0 OT 158.74$ 165.88$

11.90$ 12.26$
Straight 91.27 $ 95.20$

1.5 OT 130.96$ 136.67$

2.0 OT 170.64$ 178.14$
Straight ‐$ 3.93$

1.5 OT 10.46$ 16.17$

2.0 OT 20.91$ 28.41$
Straight ‐$ ‐$

1.5 OT 31.37$ 36.72$

2.0 OT 41.82$ 48.96$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt
Exempt Exempt
RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Osvaldo Berumen/ Field Soils Osvaldo Berumen/ Staff Engineer I Diaz Consultants, Inc., dba Diaz Yourman &
Associates
206
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _11_ of _23_
Straight 251.66$             262.97$             120.10$             125.49$ OT (1.5x) 291.34$             304.44$
OT (2x) 331.03$             345.91$

4.5% 4.5%

79.37$ 82.94$ 37.88$ 39.58$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
207
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _12_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 78.88$ 82.43$ 43.65$ 45.61$

1.5 OT 118.32$ 123.65$

2.0 OT 157.76$ 164.86$

12.39$ 12.76$
Straight 91.27 $ 95.19$

1.5 OT 130.71$ 136.41$

2.0 OT 170.15$ 177.62$
Straight ‐$ 3.92$

1.5 OT 10.21$ 15.91$

2.0 OT 20.42$ 27.89$
Straight ‐$ ‐$

1.5 OT 30.63$ 35.96$

2.0 OT 40.84$ 47.94$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt
Exempt Exempt
RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Britton Howay/ Field Soils Britton Howay/ Project Engineer I Diaz Consultants, Inc., dba Diaz Yourman &
Associates
208
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _13_ of _23_
Straight 250.10$             261.36$             138.40$             144.61$ OT (1.5x) 289.54$             302.57$
OT (2x) 328.98$             343.79$

4.5% 4.5%

78.88$ 82.43$ 43.65$ 45.61$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
209
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _14_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 78.89$ 82.44$ 42.32$ 44.22$

1.5 OT 118.34$ 123.66$

2.0 OT 157.78$ 164.88$

12.38$ 12.75$
Straight 91.27 $ 95.19$

1.5 OT 130.72$ 136.41$

2.0 OT 170.16$ 177.63$
Straight ‐$ 3.92$

1.5 OT 10.22$ 15.91$

2.0 OT 20.43$ 27.90$
Straight ‐$ ‐$

1.5 OT 30.65$ 35.97$

2.0 OT 40.86$ 47.96$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt
Exempt Exempt
RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Nima Mojtahedzadeh/ Field
Soils
Nima Mojtahedzadeh/Project
Engineer I
Diaz Consultants, Inc., dba Diaz Yourman &
Associates
210
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _15_ of _23_
Straight 250.13$             261.39$             134.18$             140.21$ OT (1.5x) 289.58$             302.61$
OT (2x) 329.02$             343.83$

4.5% 4.5%

78.89$ 82.44$ 42.32$ 44.22$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
211
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _16_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 79.85$ 83.44$ 36.16$ 37.79$

1.5 OT 119.78$ 125.16$

2.0 OT 159.70$ 166.88$

11.42$ 11.76$
Straight 91.27 $ 95.20$

1.5 OT 131.20$ 136.92$

2.0 OT 171.12$ 178.64$
Straight ‐$ 3.93$

1.5 OT 10.70$ 16.42$

2.0 OT 21.39$ 28.91$
Straight ‐$ ‐$

1.5 OT 32.09$ 37.47$

2.0 OT 42.78$ 49.96$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt
Exempt Exempt
RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Juan Ramirez/ Field Soils Juan Ramirez/ Staff Engineer I Diaz Consultants, Inc., dba Diaz Yourman &
Associates
212
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _17_ of _23_
Straight 253.18$             264.56$             114.65$             119.82$ OT (1.5x) 293.10$             306.28$
OT (2x) 333.03$             348.00$

4.5% 4.5%

79.85$ 83.44$ 36.16$ 37.79$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
213
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _18_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 79.63$ 83.21$ 36.16$ 37.79$

1.5 OT 119.45$ 124.82$

2.0 OT 159.26$ 166.42$

11.64$ 11.99$
Straight 91.27 $ 95.20$

1.5 OT 131.09$ 136.81$

2.0 OT 170.90$ 178.41$
Straight ‐$ 3.93$

1.5 OT 10.59$ 16.31$

2.0 OT 21.17$ 28.68$
Straight ‐$ ‐$

1.5 OT 31.76$ 37.13$

2.0 OT 42.34$ 49.50$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt
Exempt Exempt
RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Abhilash Gujjula/ Field Soils Abhilash Gujjula/ Staff Engineer I Diaz Consultants, Inc., dba Diaz Yourman &
Associates
214
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _19_ of _23_
Straight 252.48$ 263.83$ 114.65$ 119.82$ OT (1.5x) 292.29$ 305.44$ 132.73$ 138.71$ OT (2x) 332.11$ 347.04$ 150.81$ 157.61$

4.5% 4.5%

79.63$ 83.21$ 36.16$ 37.79$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
215
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _20_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 79.59$ 83.17$ 36.16$ 37.79$

1.5 OT 119.39$ 124.76$

2.0 OT 159.18$ 166.34$

11.68$ 12.03$
Straight 91.27 $ 95.20$

1.5 OT 131.07$ 136.79$

2.0 OT 170.86$ 178.37$
Straight ‐$ 3.93$

1.5 OT 10.57$ 16.29$

2.0 OT 21.13$ 28.64$
Straight ‐$ ‐$

1.5 OT 31.70$ 37.07$

2.0 OT 42.26$ 49.42$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt Exempt Exempt RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Khac Le/ Field Soils Khac Le/ Staff Engineer I Diaz Consultants, Inc., dba Diaz Yourman &
Associates
216
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _21_ of _23_
Straight 252.35$             263.70$             114.65$             119.82$ OT (1.5x) 292.15$             305.29$
OT (2x) 331.94$             346.87$

4.5% 4.5%

79.59$ 83.17$ 36.16$ 37.79$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
217
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _22_ of _23_
Consultant: Project No.:
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
03/18/2024 ‐
12/31/2024
01/01/2025 ‐
03/18/2026
Straight 58.46 $ 58.46$

1.5 OT 87.69$ 87.69$

2.0 OT 116.92$ 116.92$

32.81$ 32.81$
Straight 91.27$ 91.27$

1.5 OT 120.50$ 120.50$

2.0 OT 149.73$ 149.73$
Straight 81.96$ 85.65$ 36.16$ 37.79$

1.5 OT 122.94$ 128.48$

2.0 OT 163.92$ 171.30$

9.31$ 9.59$
Straight 91.27 $ 95.24$

1.5 OT 132.25$ 138.07$

2.0 OT 173.23$ 180.89$
Straight ‐$ 3.97$

1.5 OT 11.75$ 17.57$

2.0 OT 23.50$ 31.16$
Straight ‐$ ‐$

1.5 OT 35.25$ 40.79$

2.0 OT 47.00$ 54.38$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$ ‐$
Straight ‐$ ‐$

1.5 OT ‐$ ‐$

2.0 OT ‐$                   ‐$
DELTA (TOTAL) =
Employee Total Rate ‐ DIR Rate
Applicable DELTA (TOTAL) =
Employee Total ‐ DIR Total
DELTA (BASE) =
Employee Base ‐ DIR Base
Applicable DELTA Base =
DIR Rate ‐ Employee Base Rate
Applicable DELTA FRINGE =
DELTA TOTAL ‐ DELTA BASE
(Employee ‐ DIR)
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
Home or Field Office Personnel Field
Field Home
Effective Dates of Hourly Rate
Prevailing Wage Work Prevailing Wage Work Non ‐Prevailing Wage Work Prevailing Wage work ‐ Exempt or Non‐Exempt Non‐Exempt
Exempt Exempt
RFQ No. PW24‐02 (Add pages as necessary)
Name/Classification Brisa Bernal/ Field Soils Brisa Bernal/ Staff Engineer I Diaz Consultants, Inc., dba Diaz Yourman &
Associates
218
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page _23_ of _23_
Straight 259.87$             271.57$             114.65$             119.82$ OT (1.5x) 300.85$             314.39$
OT (2x) 341.83$             357.22$

4.5% 4.5%

81.96$ 85.65$ 36.16$ 37.79$

N/A N/A N/A N/A
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
219
220
221
222

Compass ConsulƟng
223
Consultant:

Project No.: Date: 2/26/2024
Straight OT (1.5x) OT (2x)
$105.00 N/A N/A 3/18/2024 ‐ 12/31/2024
$109.00 N/A N/A 1/1/2025 ‐ 12/31/2025
$114.00 N/A N/A 1/1/2026 ‐ 3/18/2026
N/A N/A 3/18/2024 ‐ 12/31/2024
N/A N/A 1/1/2025 ‐ 12/31/2025
N/A N/A 1/1/2026 ‐ 3/18/2026
N/A N/A 3/18/2024 ‐ 12/31/2024
N/A N/A 1/1/2025 ‐ 12/31/2025
N/A N/A 1/1/2026 ‐ 3/18/2026
N/A N/A 3/18/2024 ‐ 12/31/2024
N/A N/A 1/1/2025 ‐ 12/31/2025
N/A N/A 1/1/2026 ‐ 3/18/2026
N/A N/A 3/18/2024 ‐ 12/31/2024
N/A N/A 1/1/2025 ‐ 12/31/2025
N/A N/A 1/1/2026 ‐ 3/18/2026
N/A N/A 3/18/2024 ‐ 12/31/2024
N/A N/A 1/1/2025 ‐ 12/31/2025
N/A N/A 1/1/2026 ‐ 3/18/2026
Notes:

Julie Gilbert
Senior Env Specialist
(Exempt)

1. The billing rate includes all incidental costs such as mileage, rental cars, and reproduction etc.

2. Reimbursable costs such as permitting, geotechnical exploratory boring, traffic controls etc. will be reimbursed with supporting documents.

Loaded Hourly Billing RatesJob Title / Classification Effective Year of Hourly Rate Cost Proposal
Specific Rate of Compensation for Non‐State/Federally Funded Projects On‐Call Civil Engineering Design Services, RFQ No. PW 24‐02 Compass Consulting Enterprises, Inc
PW 24‐02
224
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date: 2/26/2024
For Combined Rate
Fringe Benefit %= 120.00% Combined ICR %
For Home Office Rate
= Home Office ICR %
For Field Office Rate
= Field Office ICR %
Fee = 10%
Actual or
Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
104.06$           N/A N/A 3/18/2024 ‐ 12/31/2024 43.00 $          0.0% 108.74$           N/A N/A 1/1/2025 ‐ 12/31/2025 44.94 $          4.50% (Exempt) 113.64 $           N/A N/A 1/1/2026 ‐ 3/18/2026 46.96 $          4.50% ‐$                  N/A N/A ‐$               0.0%
‐$                  N/A N/A ‐$               0.00%
‐$                  N/A N/A ‐$               0.00%
‐$                  N/A ` ‐$               0.0%
‐$                  N/A N/A ‐$               0.00%
‐$                  N/A N/A ‐$               0.00%
‐$                  N/A N/A ‐$               0.0%
‐$                  N/A N/A ‐$               0.00%
‐$                  N/A N/A ‐$               0.00%
(Add pages as necessary. See Additional Sheet.)
Notes
+ General & Administrative %
Compass Consulting Enterprises, Inc
PW 24‐02
OR
Hourly Billing Rates
Julie Gilbert
Senior Env Specialist
(Classifications Only)
Effective Year of
Hourly Rate
Hourly Range
Name & Job Title / Classification
+   General & Administrative %
+   General & Administrative %
Fringe Benefit %
Fringe Benefit %

Page 1 ends

225
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Mark‐ups are not allowed. The cost proposal format shall not be amended.

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

Subconsultants must provide their own cost proposals.

Notes:

1. 2.

3. 4.

5. Page __ of __
226
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 1
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Co
nsultant Firm Name _____________________________________________________________ Local Agency (if applicable) _______________________________________________________ Contract Number / Federal Project Number ________________________________________ Contract Total $ ___________________________________________________________________ For Subconsultant Firms – estimated % of work to be performed ____________________ % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).

Consultant Firm Certification of Eligibility
I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as I:

1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.

2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.

AND

1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.

2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.

Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system Compass Consulting Enterprises, Inc
City of Simi Valley
227
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 2
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs.

Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________ Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.

Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor.

Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.

Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.

References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.

Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.

Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.

Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.

Title 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.

American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).

Julie A Gilbert
President
1/20/24
228
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 3
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm’s Financial Management System.
229
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 4
Questionnaire for Evaluating Consultant Firm’s Financial Management System
Consultant Firm Name _____________________________________________________________ Firm Headquarters Address _________________________________________________________ _________________________________________________________ Acco
unting Records
• Location where Accounting records are held ________________________ • Name and Title _____________________________________________________ • Email and Phone ____________________________________________________ • Mailing Address _____________________________________________________ ____________________________________________________
To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm’s financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.

Instructions

1. Answer all questions and provide an explanation and additional supporting documentation where requested.

2. If additional space is required, please attach a separate sheet and refer to items being answered by number.

Has the Firm developed an indirect cost rate in the past? Yes ____ No ___ If “Yes”, you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.

Is t
he Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes ____ No ___ Or Local Government contract > $1M, regardless of the participation Amount?
If “Yes”, you are NOT ELIGIBLE to use the SHR.

DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.

Compass Consulting Enterprises Inc
23 Canyon Terrace Road, Avalon, CA 90704
23 Canyon Terrace Road,
Avalon, CA
Julie A Gilbert
[email protected]
PO Box 2627, Avalon, CA 90704
X
X
230
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 5

1. What f
orm of business entity is the Firm?
Sole Proprietorship ___ Partnership ____ C Corporation __ S Corporation __ Other __________________________________________________

2. What t
ypes of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services ____ Program Management ____ Preliminary Engineering ____ Design Engineering ____
Surveying ____ Feasibility Studies ____
Mapping or Architectural Related Services ____ Other _____________________

3. Does
the Firm have prior government contracting experience? Yes ____ No ____

4. Does
the general ledger contain separate direct and indirect accounts for the following? Labor Yes ___ No _____ Non-Labor Ye s ____ No ____

5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes_____ No ____

6. Does
the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes _____ No _____

7. Is ind
irect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes _____ No _____
X
Environmental Consulting
X
X X
X
X
X
231
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 6

8. Do you have written policies on the following cost categories? Accounting Yes ___ No ____ Overtime Yes _____ No ____ Billing Yes ___ No ____ Direct/Indirect Expenses Yes _____ No ____ Timesheet Preparation Yes ___ No ____ Prevailing Wage Yes _____ No ____ Bonus Yes ___ No ____

9. What t
ypes of employee status will the Firm provide for this contract? Non-exempt ____ Exempt-salaried ___ Exem pt-hourly ___ Contract Employee ___ Other __________________________________________________

10. Does
the Firm pay overtime for exempt employees?
Yes _____ No ___

11. Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle _____ Shipping ______
Computer/CADD
_____ Lab ______
P
rinting _____ T ravel ______
Specialty Equipment ____
(L
ist below)
Other (List below) ______
_________________________________ ______________________________

12. Are milea
ge logs maintained for all vehicles? If no, please explain below.

Explanation _____________________________________________________________________ Where is the vehicle stored after work? ___________________________________________ Does employee use vehicle for personal use? Yes ______________________ No_______ What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ ________ per mile
X
X
X
X
X
X
X
X
X
X
Long Beach
X
Standard IRS Rate applicable at the time
232
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 7
I cer
tify that to the best of my knowledge and belief the responses to this questionnaire are accurate.

Print
Name ________________________________________________
Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________ Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.

Julie A Gilbert
President
1/20/24
233

CAP2409.CON.CNS.DD RPF PW 24-02
EXHIBIT “C”

INSURANCE REQUIREMENTS

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND CNS ENGINEERS, INC.

FOR ON-CALL CIVIL ENGINEERING DESIGN SERVICES,
RFQ NO. PW 24-02

Insurance - Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope and Limit of Insurance

Coverage shall be at least as broad as:

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

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

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

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

5. If unmanned aerial systems (UAS)/drones wi ll be used – Aviation Liability Insurance: On an “occurrence” basis, including products and completed operations, property damage, bodily injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate.

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

234

CAP2409.CON.CNS.DD RPF PW 24-02
Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “f ollowing form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.

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 subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.

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 235

CAP2409.CON.CNS.DD RPF PW 24-02
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 execution date of the contract or the beginning of contract work.

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

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

Verification of Coverage
Consultant shall furnish the City with original Certificates of Insu rance 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 befo re work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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 from subcontractors. For CGL coverage, 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.

236

CAP2409.CON.CNS.DD RPF PW 24-02
EXHIBIT “D”

FEDERAL REQUIREMENTS

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND CNS ENGINEERS, INC.

FOR ON-CALL CIVIL ENGINEERING DESIGN SERVICES ,
RFQ NO. PW 24-02

ARTICLE IV PERFORMANCE PERIOD

A. This AGREEMENT shall go into effect on March 18, 2024, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end onMarch 17, 2024, unless extended by AGREEMENT amendment.

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

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

ARTICLE V ALLOWABLE COSTS AND PAYMENTS

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

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

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

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected resu lts, project deliverables, period of performance, project schedule and will designate a LOCAL 237

CAP2409.CON.CNS.DD RPF PW 24-02
AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiabl e items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

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

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

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

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

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

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

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

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order.

Invoices shall b e submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the 238

CAP2409.CON.CNS.DD RPF PW 24-02
Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purcha se, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Simi Valley, Public Works Department
Attn.: Fuad Shamout, Principal Engineer
2929 Tapo Canyon Road
Simi Valley, CA 93063

L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

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

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $500,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

ARTICLE VI TERMINATION

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

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall 239

CAP2409.CON.CNS.DD RPF PW 24-02
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 no t be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, invento ries, 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 Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 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 Part 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, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the 240

CAP2409.CON.CNS.DD RPF PW 24-02
CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES

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

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AG ENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

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

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or r eview, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s r esponsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations.

CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its s ole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

IOAI, at its sole discretion, may revie w and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or aud it recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a 241

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breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

Accepted rates will be as follows:

a. If the proposed rate is l ess than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.

c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

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

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

4) CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT 242

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has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING

A. Nothing contained in this AGREEMENT or otherwise, shall creat e any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the act s 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 indep endent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

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

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

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

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

F. Prompt Progress Payment

CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event t hat there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation o f this requirement shall constitute a 243

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cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

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

G. Prompt Payment of Withheld Funds to Subconsultants

The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances.

No retainage w ill be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non -DBE subconsultants.

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

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES

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

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

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

2) Regulation 2 CFR 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 containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEM ENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer ( https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site.

Prevailing wages will be applicable to all inspection work performed at LOCAL 245

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

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

D. Payroll Records

1) Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct.

b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2) The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:

a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY , the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
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c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following rece ipt 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 avail able for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5) The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6) The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each wo rker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

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

F. Penalty

1) The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any 247

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public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages.

A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

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

4) If a worker employed by a Subconsultant on a pu blic works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:

a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.

b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.

c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.

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d. Prior to making final payment to the Subconsultant for work performed on the public works projec t, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5) Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

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

G. Hours of Labor

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

H. Employment of Apprentices

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

2) CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to 249

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

ARTICLE XIII CONFLICT OF INTEREST

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

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of exe cution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

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

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

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION

The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

FEDERAL FUNDS FOR LOBBYING

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

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

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

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

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

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE

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

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREE MENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sex ual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or 251

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applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

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

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as sai d Department or LOCAL AGENCY shall require 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 acco rdance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the bas is of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

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

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I. 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 defe ating 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 aff ixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

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

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

3) Does not have a proposed debarment pending; and

4) Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

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

C. Exceptions to the Federal Government Excluded Parties 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 (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
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CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:

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 procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular deale r. 49CFR26.55 defines "manufacturer" and "regular dealer."

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

B. The goal for DBE participation for this AGREEMENT is 12%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10 -O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by the ir 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 Information – Good Faith Efforts to document efforts to meet the goa l. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. 254

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D. Contract Assurance

Under 49 CFR 26.13(b):

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

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

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 Replacement of DBE Subconsultants

CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DB E for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY.

Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants

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

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

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

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

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

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

6) Listed DBE is ineligible to work on the project because of suspension or debarment.

7) Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8) Listed DBE voluntarily withdraws with written notice from the Contract.

9) Listed DBE is ineligible to receive credit for the type of work required.

10) Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11) The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

 Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons l isted above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

 If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSU LTANT’s written notice.

 Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:

 One or more above listed justifiable reasons along with supporting documentation.

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 CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice.

 The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

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

Replacement of DBE Subconsultants

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

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

1) Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
 Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.

 The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:

 Description of scope of work and cost proposal

 Proposed subcontract agreement and written confirmation of agreement to perform on the Contract

 Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2) If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE.

CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:

 Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self - perform, to the extent needed to meet DBE commitment
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 Solicitations of DBEs for performance of work identified

 Correspondence with interested DBEs that may have included contract details and requirements

 Negotiation efforts with DBEs that reflect why an agreement was not reached

 If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for th e work, or why the price quote was unreasonable or excessive

 Copies of each DBE's and non -DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher

 Additional documentation that supports CONSULTANT’s GFE

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

F. Commitment and Utilization

The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1) Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation.

2) Provide this notification before starting the affected work.

3) Maintain records including:

a. Name and business address of each 1st-tier subconsultant.

b. Name and business address of each DBE subconsultant, DBE vendor, 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 CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work. 258

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If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a busi ness becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17 -O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17 -F Final Report – Utilization of Disadvanta ged Business Enterprises (DBE), First -Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

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

G. Commercially Useful Function

DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF.

A DBE perfor ms a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to mat erials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working o n a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AG ENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9 -J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:

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 Subcontract agreement with the DBE

 Purchase orders

 Bills of lading

 Invoices

 Proof of payment

CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

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

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

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:

 Proof of ownership or lease and rental agreements for equipment

 Tax records

 Employee rosters

 Certified payroll records

 Inventory rosters

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Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

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

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

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

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

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

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date 261

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of certification . Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

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

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

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

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

ARTICLE XXXII TITLE VI ASSURANCES

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:

a. Compliance with Regulations : CONSULTANT shall comply with the regulatio ns relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disabilit y in the selection and retention of sub - applicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including e mployment practices when the agreement covers a program set forth in Appendix B of the Regulations.

c. Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub - agreement, including 262

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procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and th e Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.

e. Sanctions for Noncompliance : In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

ii. cancellation, termination or suspension of the Agreement, in whole or in part.

f. Incorporation of Provisions : CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

APPENDIX E

During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
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 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Fed eral-aid programs and projects);

 Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;

 The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);

 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

 The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems , places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

 Executive Order 13166, Improving Access to Services for Persons wit h Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure 264

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compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

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Simi Valley City CouncilMarch 18, 2024

Simi Valley City Council
March 18, 2024