Staff Report — Simi Valley City Council, October 21, 2024 (part 1 of 2)

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CITY OF SIMI VALLEY

MEMORANDUM
O
ctober 21, 2024
T
O: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF PROFESSIONAL SERVICES CONTRACT S FOR ON-CALL INSPECTION SERVICES, RFQ NO. PW 24-08R

STAFF RECOMMENDATION
I
t is recommended that the City Council:

1. Aw
ard two-year professional services contracts for on-call inspection services as outlined below:
a) T
wining, Inc., (page 4) in an amount not to exceed $300,000; and, b) F
ilippin Engineering, Inc., (page 122) in an amount not to exceed $300,000;

2. A
uthorize the City Manager to approve subsequent contract amendments to incorporate future budgeted funds as approved by the City Council for the contract amount with the option to extend the contract for one (1) additional, one-year term.

BACKGROUND AND OVERVIEW
S
taff recommends awarding professional services contracts to two consultants for on-call inspection services to oversee public works design and construction projects. The Department does not maintain certain specialized inspection services due to the fluctuating workload of projects . Additionally, projects with significant traffic impacts are completed outside standard work hours but still require full-time inspection. To streamline the consultant selection process, on-call contracts for professional services have been utilized. The Department contracts with multiple firms in the event one consultant becomes unavailable due to scheduling, a conflict of interest, or the need for third-party peer review.

AGENDA ITEM NO.

Consent (5)

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FINDINGS AND ALTERNATIVES

A Request for Qualifications (RFQ) was issued and on August 23 , 202 4, four firms submitted proposals. City staff evaluated and rated each of the proposals based on the following criteria:

• Understanding of the scope of work (weighted 15%)

• Expertise and experience of the team to be assigned (weighted 25%)

• Related experience on public works projects (weighted 30%)

• Approach to performing this type of service (weighted 15%)

• Familiarity with Federal and State requirements and procedures (weighted 10%)

• Local Presence and DBE (weighted 5%)

The two selected firms were rated as the most qualified to perform the services requested.

Consultant Final Ranking
Twining, Inc. 1
Filippin Engineering, Inc. 2
Fountain Head, Inc. 3
Shums Coda, Inc. 4

Staff is recommending awarding contracts to the top two selected firms – Twining, Inc. and Filippin Engineering, Inc. Contracts include work performed on federally funded projects and non-federally funded projects in the amount not to exceed $ 300,000. These professional services contracts are budgeted for Capital Improvement Projects within specific Streets and Roads funded projects (Fund 600) as needed. T he initial term of the contracts are for two years, with the option of one additional, one-year extension.

The following alternatives are available to the City Council:

1. Award professional services contracts for on-call inspection services as outlined below.

a) A contract to Twining, Inc., in an amount not to exceed $300,000; and,

b) A contact to Fillippin Engineering, Inc., in an amount not to exceed $300,000;

2. Authorize the City Manager to approve subsequent contract amendments to incorporate future budgeted funds as approved by t he City Council into the contract amount with the option to extend the contract for one (1) additional, one-year term, for a maximum of (3) three years total.

2 CAP2455.SR.DD

3. Provide staff with other direction.

Staff recommends Alternative Nos. 1 and 2.

SUGGESTED CITY COUNCIL MOTION

I move to award professional services contracts to Twining, Inc., and Filippin Engineering, Inc., for on-call inspection services in an amount not to exceed $300,000 each, and to authorize the City Manager to approve a subsequent contract amendment to incorporate future budgeted funds as approved by the City Council into the contract amount with the option to extend the contract for one (1) additional , one-year term, for a maximum of (3) three years total.

SUMMARY

Staff is recommending that the City Council award professional services contracts to two consultants for on- call inspection services. The Department does not maintain staff for specialized inspection services due to the fluctuating workload of projects. Additionally, projects with significant traffic impacts are completed outside standard work hours, but still require full time inspection. To streamline the consultant selection process, on- call contracts for professional services have been utilized. The Department contracts with multiple firms in the event one consultant becomes unavailable due to scheduling, a conflict of interest, or th e need for third- party peer review. Staff recommends the City Council award contracts as outlined in this staff report and authorize the City Manager to approve subsequent contract amendments to extend each contract for one additional one-year term.

____________________________________
Ronald K. Fuchiwaki
Public Works Director

Prepared by: Lauren Lien, Associate Engineer (Capital Projects)

INDEX Page

Contract with Twining, Inc. .............................................................. 4 Contract with Filippin Engineering, Inc. ....................................... 122 3

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AGREEMENT NO. 3250040

PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN SERVICES

BETWEEN

THE CITY OF SIMI VALLEY AND
TWINING, INC.

FOR ON-CALL INSPECTION SERVICES, RFQ NO. 24-08R

THIS AGREEMENT is entered into this 21st day of October, 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and TWINING, INC., a California Corporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $300,000.00 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.

1. SCOPE OF SERVICES.

A. CONSULTANT will perform general engineering services listed in the attached Exhibit “A” which is incorporated by reference.

C. Consulting services required by CITY will be provided on an as -needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.

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CAP2455.CON.DDTwining RFQ No. PW 24-08R
facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

E. CONSULTANT’s duties and services under this agreement may not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY retains responsibility for public contracting, including with respect to any subsequent phase of a project. CONSULTANT's participation in the planning, discussions, or drawing of project plans or specifications are limited to conce ptual, preliminary, or initial plans or specifications.

CONSULTANT must cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

2. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

3. PREVAILING WAGES.

A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONSULTANT must pay its workers prevailing wages. It is CONSULTANT’s responsibility to interpret and implement any prevailing wage requirements and CONSULTANT agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONSULTANT must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONSULTANT’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONSULTANT or any subcontractor.
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i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or

ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or

iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state wide or locally, or

iv. When CONSULTANT provides evidence that CONSULTANT
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

v. CONSULTANT is required to make contributions to funds established for the administration of apprenticeship programs if CONSULTANT employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

vi. CONSULTANT and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

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

E. CONSULTANT and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement.

The record will be kept open at all reasonable hours to the inspection of 6 City of Simi Valley
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the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONSULTANT must provide copies of the records at its cost.

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s City Manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $300,000.00 for Additional Work must be approved by CITY’s City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.

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7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be from October 21, 2024 to October 20, 2026 with an option to renew one (1) additional year . Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “A”;

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

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10. TIME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

Exhibit “A” – Scope of Work
Exhibit “B” – Schedule of Fees
Exhibit “C” CITY RFQ NO. PW 24-08R
Exhibit “D” CONSULTANT Proposal

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s 9 City of Simi Valley
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mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

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18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

A. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.

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

Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control 11 City of Simi Valley
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over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

C ommercial general liability: $2,000,000

Professional Liability $2 ,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form s. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

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limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or ter minate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the Assistant City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative 13 City of Simi Valley
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description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Ronald K. Fuchiwaki,
Public Works Director
Attention: Jeff Tawakoli,
Ventura Branch Manager
City of Simi Valley Twining, Inc.
2929 Tapo Canyon Road 1879 Portola Road Suite G
Simi Valley, CA 93063 Ventura, CA 93003
Staff Contact: Fuad Shamout, Principal
Engineer, (805) 583-6788
(805) 644-5100
[email protected] [email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

29. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
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31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are four Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.

36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military 15 City of Simi Valley
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authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: TWINING, INC.

By:

Algeria R. Ford, City Attorney
Print Name: Linas Vitkus

Approved as to Content: Title: President & Chief Operating Officer

By:

Samantha C. Argabrite, City Manager
Print Name: Mariel Attento

Title: Chief Strategy Officer
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki
Public Works Director

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EXHIBIT – A

SCOPE OF WORK

The scope of work entails Professional Services in connection with design and construction of various public works projects within the City. These Professional Services will be assigned on an as -needed basis through the issuance of task orders depending upon the Department's project workload. Award of this annual contract does not necessarily guarantee the assignment of specific projects to the Consultant. The work, in general, may include but not limited to the following:

1. Inspect work quality and materials used in a variety of Capital Improvement Projects to ensure compliance with applicable specifications, codes, ordinances, and regulations.

2. Inspect street improvements projects including survey staking, subgrade preparation, and placement of various rehabilitation and maintenance treatments.

3. Prepare detailed documentation of construction progress and inspection using City designated forms. Prepare various reports on daily, weekly, monthly and yearly operations and activities.

4. Attend pre-construction and construction progress meetings as necessary.

6. Discuss, review, and/or verify project correspondence with Engineer , i ncluding request for information (RFI), request for clarification, and construction issues brought to the City’s attention by citizens.

7. Review contractor’s construction safety, public safety procedure, construction methods and procedures, and sequence of construction.

8. Measure completed work to verify monthly pay requests and report all extra work items.

9. Prepare a list of items for correction (punch list) and prepare redlined as-built plans.

10. Projects may include construction/rehabilitation of streets, bridges, utilities, striping, etc.

18 EXHIBIT B TWINING
19 20
21 22
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page __ of __
Consultant: Project No.:
07/01/2023-
06/30/25
07/01/25-
10/31/2026
07/01/2023-
06/30/25
07/01/25-
10/31/2026
07/01/2023-
06/30/25
07/01/25-
10/31/2026
Straight 60.46$ 62.61$ 38.00$ 40.66$ 56.68$ 60.65$

1.5 OT 90.69$ 93.92$ 57.00$ 60.99$ 85.02$ 90.98$

2.0 OT 120.92$ 125.22$ 76.00$ 81.32$ 113.36$ 121.30$

32.81$ 32.81$ 32.81$ 32.81$ 32.81$ 32.81$ Straight 93.27$ 95.42$ 70.81$ 73.47$ 89.49$ 93.46$

1.5 OT 123.50$ 126.73$ 89.81$ 93.80$ 117.83$ 123.79$

2.0 OT 153.73$ 158.03$ 108.81$ 114.13$ 146.17$ 154.11$ Straight 58.51$ 62.61$ 40.96$ 43.83$ 58.51$ 62.61$

1.5 OT 87.77$ 93.92$ 61.44$ 65.75$ 87.77$ 93.92$

2.0 OT 117.02$ 125.22$ 81.92$ 87.66$ 117.02$ 125.22$

32.81$ 32.81$ 32.81$ 32.81$ 32.81$ 32.81$ Straight 91.32$ 95.42$ 73.77$ 76.64$ 91.32$ 95.42$

1.5 OT 120.58$ 126.73$ 94.25$ 98.56$ 120.58$ 126.73$

2.0 OT 149.83$ 158.03$ 114.73$ 120.47$ 149.83$ 158.03$ Straight (1.95)$ -$ 2.96$ 3.17$ 1.83$ 1.96$

1.5 OT (2.93)$ -$ 4.44$ 4.76$ 2.75$ 2.94$

2.0 OT (3.90)$ -$ 5.92$ 6.34$ 3.66$ 3.92$ Straight (1.95)$ -$ -$ -$ -$ -$

1.5 OT (2.93)$ -$ 4.44$ 4.76$ 2.75$ 2.94$

2.0 OT (3.90)$ -$ 5.92$ 6.34$ 3.66$ 3.92$ Straight (1.95)$ -$ -$ -$ -$ -$

1.5 OT (2.93)$ -$ -$ -$ -$ -$

2.0 OT (3.90)$ -$ -$ -$ -$ -$ Straight -$ -$ -$ -$ -$ -$

1.5 OT -$ -$ -$ -$ -$ -$

2.0 OT (0.00)$ -$ -$ -$ -$ -$ Straight 58.51$ 62.61$ 58.51$ 43.83$ 58.51$ 62.61$ OT (1.5x) 87.77$ 93.92$ 78.99$ 65.75$ 87.77$ 93.92$ OT (2x) 117.02$ 125.22$ 81.92$ 87.66$ 117.02$ 125.22$ 7% 7% 7%

58.51$ 62.61$ 40.96$ 43.83$ 58.51$ 62.61$

N/A N/A N/A N/A N/A N/A
Field
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
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)
Loaded Hourly Billing Rates
Home or Field Office Personnel Field Field
DELTA (TOTAL) =
Employee Total Rate - DIR Rate
Effective Year of Hourly Rate
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
Prevailing Wage work - Exempt or Non-Exempt Prevailing Wage Work _ Non exempt
Name/Classification Eddie Perez
Prevailing Wage Work _ Non
exempt
Prevailing Wage Work _ Non
exempt
Faye-Shaw Smoley David Morales
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
(Add pages as necessary)Twining
23 Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page __ of __
Consultant: Project No.:
07/01/2023-
06/30/25
07/01/25-
10/31/2026
Straight 58.46$ 62.55$

1.5 OT 87.69$ 93.83$

2.0 OT 116.92$ 125.10$

32.81$ 32.81$
Straight 91.27$ 95.36$

1.5 OT 120.50$ 126.64$

2.0 OT 149.73$ 157.91$
Straight 58.51$ 62.61$

1.5 OT 87.77$ 93.92$

2.0 OT 117.02$ 125.22$

32.81$ 32.81$
Straight 91.32$ 95.42$

1.5 OT 120.58$ 126.73$

2.0 OT 149.83$ 158.03$
Straight 0.05$ 0.06$

1.5 OT 0.08$ 0.09$

2.0 OT 0.10$ 0.12$
Straight -$ -$

1.5 OT 0.08$ 0.09$

2.0 OT 0.10$ 0.12$
Straight -$ -$

1.5 OT -$ -$

2.0 OT -$ -$
Straight -$ -$

1.5 OT -$ -$

2.0 OT -$ -$
Straight 58.51$ 62.61$
OT (1.5x) 87.77$ 93.92$
OT (2x) 117.02$ 125.22$
7%

58.51$ 62.61$
N/A N/AHourly Range for Class
DELTA (BASE) =
Employee Base - DIR Base
Applicable DELTA Base =
DIR Rate - Employee Base Rate
Applicable DELTA FRINGE =

DELTA TOTAL - DELTA BASE
(Employee - DIR)
Loaded Hourly Billing Rates
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Applicable DELTA (TOTAL) =
Employee Total - DIR Total
Home or Field Office Personnel Field
Effective Year 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)
Base Salary
Estimate Fringe
Total = Base +
Fringe
DELTA (TOTAL) =
Employee Total Rate - DIR Rate
Name/Classification David Scherer
Prevailing Wage work - Exempt or Non-Exempt Prevailing Wage Work _ Non exempt
Twining (Add pages as necessary)
24 25
26 27
28 29
30 31
32 CITY OF SIMI VALLEY
Home of The Ronald Reagan Presidential Library

REQUEST FOR QUALIFICATIONS

REQUEST FOR QUALIFICATIONS FOR ON-CALL INSPECTION SERVICES, RFQ NO. PW 24-0SR
The City of Simi Valley invites your firm to submit a Statement of Qualifications for On-Call Inspection Services, RFQ No. PW 24-08R, for the design and construction of various public works projects. Additional information may be obtained by contacting:

Lauren Lien, Associate Engineer/Capital Projects
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
805-583-6882
Sealed proposals must be received at or before 3:30 P.M. on September 17, 2024, by the City of Simi Valley, Department of Public Works, 2929 Tapo Canyon Road, Simi Valley CA 93063. A copy of the Request for Qualifications may be viewed and downloaded at www.simivalley .org/BidsAndProposals . Please mark the outside of the envelope (and express shipment, if applicable) :

REQUEST FOR QUALIFICATIONS FOR ON-CALL INSPECTION SERVICES, RFQ NO. PW 24-0SR
3:30 P.M. ON SEPTEMBER 17, 2024
LATE PROPOSALS WILL NOT BE ACCEPTED.

Sincerely,
~-=:f(vt ~ ... ,......,_
Fuad Shamout,
Principal Engineer/Capital Projects
Fred D. Thomas, Mayor Rocky Rhodes, Mayor Pro Tern Mike Judge, Council Member Dee Dee Cavanaugh, Council Member Elaine P. Litster, Council Member 2929 Tapo Canyo n Road, Simi Valley, CA 93063·2 7 99 805.583.6700 ww w.simiva lley.org

EXHIBIT C TWINING
33 RFQ NO.PW 24-08R

No contractor or subcontractor may be listed in a proposal for a public works project submitted on or after March 1, 2015, unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5, or unless the contractor or subcontractor qualifies for an exception from this requirement, for proposal purposes only, as set forth in Labor Code section 1771.1(a) or unless the small project exemption applies (total cost of project: $25,000 for public works or $15,000 for maintenance). If contractor or subcontractor believes that such an exception in 1771.1(a) applies, it must provide the applicable exception(s) in its proposal. Even those contractors or subcontractors who qualify for an exception under 1771.1(a) must be registered with DIR at the time of award, if such award is made on or after April 1, 2015.

No contractor or subcontractor may be awarded a contract for public work on a public works project awarded on or after April 1, 2015 unless registered with DIR pursuant to Labor Code section 1725.5, unless the small project exemption applies.

This project is subject to compliance monitoring and enforcement by the DIR.

34 RFQ NO. PW 24-08R

CITY OF SIMI VALLEY

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR QUALIFICATIONS FOR ON-CALL INSPECTION SERVICES, RFQ NO. PW 24-08R

TABLE OF CONTENTS

REQUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT FORM ....................................... 1 STATEMENT OF QUALIFICATIONS FORM ............................................................................. 2 STATEMENT OF QUALIFICATIONS REQUIREMENTS .......................................................... 4 FEDERAL FUNDING AND DBE REQUIREMENTS ................................................................ 12 STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES ............................ 13 EXHIBIT A - CONTRACT SAMPLE ......................................................................................... 1 4 EXHIBIT B – COST PROPOSAL ............................................................................................. 27 EXHIBIT C – INSURANCE REQUIREMENTS ........................................................................ 28

LIST OF APPENDICES
APPENDIX A – REQUEST FOR QUALIFICATIONS APPLICATION…………………….…….. 29 APPENDIX B – STATEMENT OF QUALIFICATION ……………………………………….…….31 EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
APPENDIX C – COST PROPOSAL FORMS …………………………………………………….. 38 APPENDIX D – ADDITIONAL CALTRANS LAPM FORMS………………………………………47 EXHIBIT 9-F DISADVANTAGED BUSINESS ENTERPRISE (DBE) RUNNING

TALLY OF PAYMENTS
EXHIBIT 10-G INDIVIDUAL A&E TASK ORDER DBE TRACKER
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
EXHIBIT 10-S CONSULTANT PERFORMANCE EVALUATION
EXHIBIT 15-H PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
EXHIBIT 17-F1 FINAL REPORT-UTILIZATION OF DISADVANTAGED

BUSINESS ENTERPRISES FOR ON-CALL CONTRACTS
EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE)

CERTIFICATION STATUS CHANGE

35 RFQ NO. PW 24-08R

SUBMIT WITH PROPOSAL

1 CITY OF SIMI VALLEY

REQUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT FORM

PROPOSALS ARE DUE: NO LATER THAN 3:30 P.M. ON SEPTEMBER 17, 2024.

The City of Simi Valley is seeking proposals from qualified firms to provide On -Call Inspection Services for public works projects, RFQ NO. PW 24-08R.

1. Submit three original Technical Qualifications Proposals and one Cost Proposal in separate sealed envelopes to:

Fuad Shamout, Principal Engineer/Capital Projects
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
805-583-6788

2. Proposer must honor proposal prices for 90 days.

3. Proposals must include this Proposal form and be signed by the vendor's authorized representative.

4. Award of a contract, if any, will be made by the City Council based upon the criteria set forth in this R equest for Qualifications and will be made based upon the best qualified Proposer rather than lowest price.

PROPOSER TO READ

I have, read, understood, and agree to the terms and conditions on all pages of this Request for Qualifications. The undersigned agrees to furnish the commodity or service stipulated on this Proposal as stated above.

____________________________ __________________________________ Signature Company
____________________________ ________________________________ Name (Print) Address

____________________________ ________________________________ Title of Person Signing Proposal Company Phone No.

36 RFQ NO. PW 24-08R

2 STATEMENT OF QUALIFICATIONS INFORMATION

The City of Simi Valley requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Qualifications (“RFQ”), the words "Proposer," "Contractor,” "Consultant," or “Firm” are used interchangeably.

I. Introduction/Background:

The City of Simi Valley (City), Department of Public Works (Department) is seeking interested firms to submit a Statement of Qualifications for On- Call Inspection Services associated with the design and construction of City public works projects. Some of these projects are federally funded and therefore are subject to applicable federal requirements, including 49 CFR 26 – Participation by Disadvantaged Business Enterprises. The DBE goal for these services is 0%. The term for this service will be two (2) years from the effective date, with an option to renew one (1) additional year.

II. Objective:

The RFQ objective is to retain one to two firms to provide On-Call Inspection Services for a contract amount not-to-exceed $300,000 for each firm.

III. S tatement Of Work:

A. Services to be Provided

The selected firm(s) shall provide the Professional Services in connection with design and construction of various public works projects within the City. These Professional Services will be assigned on an as-needed basis through the issuance of task orders depending upon the Department's project workload. Award of this annual contract does not necessarily guarantee the assignment of specific projects to the Consultant.

The work, in general, may include but not limited to the following:

1. Inspect work quality and materials used in a variety of Capital Improvement Projects to ensure compliance with applicable specifications, codes, ordinances, and regulations.

2. Inspect street improvements projects including survey staking, subgrade preparation, and placement of various rehabilitation and maintenance treatments.

3. Prepare detailed documentation of construction progress and inspection using City designated forms. Prepare various reports on daily, weekly, monthly and yearly operations and activities.

4. Attend pre-construction and construction progress meetings as necessary.

37 RFQ NO. PW 24-08R

3 6. Discuss, review, and/or verify project correspondence with Engineer , i ncluding request for information (RFI), request for clarification, and construction issues brought to the City’s attention by citizens.

7. Review contractor’s construction safety, public safety procedure, construction methods and procedures, and sequence of construction.

8. Measure completed work to verify monthly pay requests and report all extra work items.

9. Prepare a list of items for correction (punch list) and prepare redlined as -built plans.

10. Projects may include construction/rehabilitation of streets, bridges, utilities, striping, etc.

IV. Method of Payment

The method of payment for this Contract will be Specified Rates of Compensation. The Consultant will be paid at an agreed and supported specific fixed hourly rate for each class of employee engaged directly in the work. The specific rates of compensation are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee.

V. Time Schedule

The initial term of this Agreement will be two (2) years from the effective date, with an option to renew one (1) additional year.

VI. Schedule of Events

The f ollowing is a tentative schedule of events. Should the City require a change in schedule, the prospective Proposers will be notified:

VII. Inquiries

Questions and requests for clarifications about this RFQ must be submitted no later than the date stated in the Proposal Schedule for response. No questions other than written or e-mail will be accepted, and no response other than written will be binding upon the City.
38 RFQ NO. PW 24-08R

4 STATEMENT OF QUALIFICATIONS REQUIREMENTS

Three copies of the Technical Qualifications Proposal and one copy of the Cost Proposal must be sealed in separate envelopes and be received by the City of Simi Valley, Department of Public Works, 2929 Tapo Canyon Road, Simi Valley, CA 93063, Attn: Fuad Shamout , at or before 3:30 P.M. on September 17, 2024.

I. Statement of Qualifications Content

Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit all requested information will result in elimination from proposal evaluation. Each Proposal must be submitted in two parts:

Part I: Technical Proposal (three copies)

Part II: Cost Proposal (one copy)

A. Part I. Technical Proposal

1. Request for Proposal Acknowledgement Form.

2. Appendix A, “Request for Qualifications – Application Form”.

3. Cover Letter.
a. Include the name, address, and telephone number of the company, and signed by the person or persons authorized to represent the firm.

b. Teaming is allowed.
c. Cover Letter must stipulate that the proposals are firm offers for at least ninety (90) days.

d. All addendums received must be acknowledge in the cover letter.

4. Table of Contents. Clearly identify material contained in the Proposal by section and page number.

5. Section 1: Introduction. Contents to be determined by Proposer.

6. Section 2: Methodology.

a. Describe the methodology and techniques to be employed.

b. Provide a detailed explanation of the work and intended approach. This should convey the applicants understanding of the work and demonstrate the necessary experience and management skills.

7. Section 3: Project Management. Describe the proposed management structure and organization of contracting group.

8. Section 4: Key Personnel and Subcontractors.

39 RFQ NO. PW 24-08R

5 a. Provide an organizational chart showing the relationship of all key personnel.

For each key personnel, provide a brief resume including the following:

i. Qualifications and experience on similar projects.

ii. Proposed role and responsibilities.

iii. Applicable licenses and/or special qualifications.

iv. Home office location.

v. Estimate of time allocation for required services.

b. If subcontractors are to be used, identify each of them in the proposal.

Describe the work to be performed by them and the number of hours or the percentage of time they will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to project management, schedule, costs, and hourly rates.

9. Section 5: Qualifications and References.

a. Submit the ‘Statement of Proposer’s Qualifications and References ’ form.

Please included additional page(s), if necessary.

b. Describe the qualifications of the firm, key staff and each sub- contractor in performing skilled On- Call Inspection Services for a variety of public works projects within the last five (5) years and demonstrate competence to perform the work described in the statement of work. Information shall include:

i. List and describe three contracts performed by your firm in the last five (5) years, of comparable size and scope of work.

ii. Identify key personnel and support staff linked to referenced projects and their responsibilities with respect to the scope of work.

iii. Length of time your firm has engaged in providing the work included within the statement of work under the present business name.

iv. Provide at least three (3) references that received similar services from your firm. The City reserves the right to contact each of the references listed for additional information. References shall include:

• Client Name and Address
• Contact’s Name, Phone Number, and E-mail
• Project Description
• Project start and end date
• Contract Amount

40 RFQ NO. PW 24-08R

6 10. Section 6: Conflict of Interest. Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the Proposer will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.

11. Section 7: Forms: The Consultant is to complete all required forms found in Appendix B . Required forms shall be included in the Technical Qualifications Proposal.

B. Part II. Cost Proposal

Mark-ups on sub-consultants costs and other direct costs will not be allowed.

Effective date of rates must include a minimum of two years from the City Council Award date stated in the proposed scheduled October 21 , 2024, thru October 20, 2026.

1. State and/or Federally Funded Costs

a. Cost Proposal must be submitted using the applicable forms found in Appendix C. Electronic version of the Cost Proposal form is available on the City of Simi Valley Website as shown below.

• https://www.simivalley.org/departments/administrative- services/support-services-purchasing/bids-proposals

b. The firm’s cost proposal shall include a complete table of costs for the proposed professional services, including a list of team members with job classification, hourly billing rates for each classification, billing multiplier, indirect cost rates (ICRs), and other direct costs (ODCs).

2. Non State and/or Federally Funded Costs

a. The firm’s cost proposal shall include a complete table of costs for the proposed professional services, including a list of team members with job classification, hourly billing rates for each classification and effective dates of rates. Rate sheets are allowed.

II. Statement of Qualification Submission

All Proposals must be submitted according to the specifications set forth in the Statement of Qualifications Requirements Section 1, Statement of Qualifications Content and in this section. Failure to adhere to these specifications may be cause for rejection of the Proposal.

A. Signature. A person authorized to contractually bind the Proposer MUST sign all 41 RFQ NO. PW 24-08R

7 Proposals.

B. Due Date. The Proposer must submit three complete sealed copies of each of the Technical Proposal and Cost Proposal, with the following:

1. Name and address of the Proposer, plainly marked in the upper left-hand corner.

2. Title of the Proposal, including the words “RFQ No. PW 24-08R.”

3. All Proposals must be received on at or before 3:30 P.M. on September 17, 2024, and should be directed to:

Fuad Shamout, Principal Engineer/Capital Projects
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063

Late Proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.

4. Addenda. City may modify the Proposal and/or issue supplementary information or guidelines relating to the RFQ during the proposal preparation period of August 23, 2024 to September 12, 2024.

5. Rejection. A Proposal may be deemed nonresponsive and may be immediately rejected if:

a. It is received at any time after the exact date and time set for receipt of proposals; and/or

b. It is not prepared in the format prescribed; and/or

c. It signed by an individual not authorized to represent the firm.

6. Disposition of Proposals. The City may reject any or all Proposals. All responses are public documents and become the property of the City. One copy of the Proposal must be retained for City files. Additional copies and materials will be returned only if requested and at the Proposer’s expense.

7. Proposal Changes. Once submitted, Proposals, including the composition of the contracting team, cannot be altered without prior written consent of the City. All Proposals constitute an offer to the City and may not be withdrawn for a period of 60 days after the last day to accept Proposals.

III. Evaluation of Proposals

City staff will review the Statement of Qualifications in accordance with the Schedule noted above. The Technical Qualification Proposal will be evaluated by City staff based 42 RFQ NO. PW 24-08R

8 on the following criteria:

• Understanding of the scope of work (weighted 15%).

• Expertise and experience of the team to be assigned (weighted 25%).

• Related experience on public works projects (weighted 30%).

• Approach to performing this type of service (weighted 15%).

• Familiarity with Federal & State requirements and procedures (weighted 10%).

• Local Presence and DBE (weighted 5%)

A ranking will be performed according to the City's qualification selection procedure and only the top contenders will be considered further.

The Cost Proposal is not used in the ranking process and will not be opened by the City until the Technical Qualification Proposals have been ranked. The Proposer rated as most qualified to perform the requested services may be invited to negotiate a final agreement. If an agreement is not reached, negotiations may be terminated and will commence with the next most qualified Proposer.

Recommendation to City Council for Contract Award

The successful Proposer/s will be selected by the evaluation committee based upon the criteria set forth above and the City’s sole discretion. A recommendation will then be made to the City Council for award. The City is under no obligation contract with any Proposer.

43 RFQ NO. PW 24-08R

9 PROPOSAL TERMS AND CONDITIONS

Submitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording “Proposal,” proposal number and closing date marked on the outside; (b) Proposals/corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record.

Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal.

The City has the option of accepting or rejecting any alternative proposal.

Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency.

Preparation. All proposals must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal.

Rejection. The City may reject any or all proposals and waive any irregularity in any proposal in its sole discretion.

Default. In case of default by the vendor of any of the conditions of this proposal or contract resulting from this proposal, the vendor agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made.

Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.

Subcontractors. The Proposer must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.

Indemnification. The extent of a successful contractor’s obligation to indemnify and defend the City is set forth in the sample contract attached to this RFP.

Bonds. When deemed necessary by the City, bid bonds must be furnished by all proposers in the amount of at least 10% of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. Likewise, a Performance Bond must be required of the successful proposer when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond).

10 contract to a non-registered contractor or subcontractor, effective July 1, 2017. P roposers on non-exempt projects must be registered with DIR. If any contractor or subcontractor listed in a proposal is believed to be exempt from registration as set forth in Labor Code § 1771 (a), the proposal must set forth the claimed exemption. Failure to provide evidence of registration or of a valid exemption at the time of proposal submittal renders the proposal as non-responsive and prohibits award the Contract to any proposer not registered with DIR.

Prevailing Wages and Minority Group Skill Upgrade and Employment. Proposers are notified that pursuant to the Labor Code the California Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the Contract. Such wage scale is set forth at length in a Schedule of Prevailing Rates of Wages that is on file at the California Department of Industrial Relations and is available at www.dir.ca.gov/DLSR/PWD/index.htm.

The published prevailing rates that the Contractor shall pay are hereby incorporated in and made a part of these Proposal Terms and Conditions.

Insurance. This is a contract involving services and the City requires insurance. Insurance must be primary insurance and must name the City of Simi Valley as an additional insured. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $2 ,000,000, automotive in the amount of $1,000,000, worker’s compensation in accordance with California law and Pollution Liability or Errors & Omissions of $1,000,000 each occurrence/$2,000,000 policy aggregate. Specific insurance requirements are set forth in the sample contract. PROPOSERS MUST SIGN AND RETURN EXHIBIT C , INSURANCE REQUIREMENTS, WITH THEIR PROPOSAL.

Submission of One Proposal Only. No individual, or business entity of any kind may file or to be interested in more than one proposal, except an alternative proposal when specifically requested. However, a person who has quoted prices on materials to a firm submitting a proposal is not thereby disqualified from quoting prices to other firms submitting proposals.

Contract Requirement. The proposer to whom award is made must execute a written contract with the City within 10 calendar days after written notice of the award was sent by mail/email to the address given in the proposal or within 10 calendar days after receipt by Proposer.

California Public Records Act. All information contained in the Proposal, and the Proposal itself, is a public record and subject to release to the public once opened. Proposers should not include trade secrets or other confidential information in their Proposal . To request public records, please visit www.simivalley.org/recordsrequest or contact City Clerk’s Office at (805) 583-6748.

Submission of References . Each proposer must submit a Statement of Qualifications and References on the form provided in the Request for Proposals package.

45 RFQ NO. PW 24-08R

11 Proposal Rejection. The City may reject the proposal of any proposer that previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Simi Valley.

Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract.

Proposal Questions. Questions regarding this RFQ may be made to the contact person listed below. Please review the Proposal schedule to determine the last day to submit questions.

Lauren Lien, Associate Engineer/Capital Projects
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
805-583-6882

46 RFP NO. PW 24-08R

12 FEDERAL FUNDING AND DBE POLICY REQUIREMENTS

Projects may be funded by Federal funds and must comply with FHWA and Caltrans requirements. The following requirements shall be considered as included in the professional services agreement to be executed between the CITY and the CONSULTANT:

The Consultant shall make a good faith effort to meet the DBE Goal that has been established at zero (0) percent. The Consultant shall give consideration to securing the services of DBE firms in the performance of the work anticipated in this Request for Proposal, as specified in 23 CFR 172.5(b), 49 CFR Part 26, and in the attached Exhibit 10- I “Notice to Bidders/Proposers Disadvantaged Business Enterprise Information”.

The Consultant and all Sub- Consultants shall submit “Certification of Indirect Costs” and “Cost Proposal” on an annual basis per the conditions specified in the contract.

The Consultant shall submit a completed Exhibit 10- O1, “Local Agency Proposer DBE Commitment (Consultant Contract)”, with the Statement of Qualifications.

The Consultant shall submit a completed Exhibit 10- O2, “Local Agency Proposer DBE Information (Consultant Contract), prior to award of the contract.

The Consultant shall submit, upon completion of the contract, regardless of whether DBE participation is obtained, a summary of the DBE records, Exhibit 17-F or equivalent, “Final Report – Utilization of Disadvantaged Business Enterprises (DBE) First – Tier Subcontractors” shall be prepared, certified correct, and submitted.

The Consultant shall comply with Federal and State procedures, with respect to the Disadvantaged Business Enterprise Program, as specified herein and as directed by the County.

The following exhibits/forms are attached, made a part hereof, shall be completed if and as required, and shall be considered as part of the executed agreement between the City and the successful Consultant:

Submit with Proposal:

Exhibit 10-O1 Consultant Proposal DBE Commitment
Exhibit 10-Q Disclosure of Lobbying Activities

As requested or required by the CITY or others:

Exhibit 9-F Disadvantaged Business Enterprise (DBE) Running Tally of Payment
Exhibit 10-O2 Consultant Contract DBE Commitment
Exhibit 10-G Individual A&E Task Order DBE Tracker
Exhibit 10-S Consultant Performance Evaluation
Exhibit 15-H DBE Information – Good Faith Efforts
Exhibit 17-F1 Final Report – Utilization of Disadvantaged Business Enterprises for On-Call Contracts Exhibit 17-O Disadvantaged Business Enterprises (DBE) Certification Status Change 47 RFP NO. PW 24-08R

SUBMIT WITH PROPOSAL

13 STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES

The Proposer is required to state the Proposer's financial ability and a general description of similar work performed.

Number of years engaged in providing the work included within the scope of the specifications under the present business name: .

List and describe fully a minimum of five projects performed by your firm within the last five years, which demonstrate your ability to complete the work included within the scope of the specifications and where the Proposer has performed work in providing architectural designs of libraries and library areas, particularly in Ventura County’s jurisdiction with government agencies similar to the Simi Valley Public Library. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

Reference No. 2

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

Reference No. 3

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

48 EX

HIBIT A - CONTRACT SAMPLE

The successful Proposer will be required to enter into the sample contract as provided below.

AGREEMENT NO. CLICK HERE TO ENTER TEXT.

PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN SERVICES

BETWEEN

THE CITY OF SIMI VALLEY AND

CONSULTANT NAME

FOR IDENTIFY SERVICES

THIS AGREEMENT is entered into this Click here to enter text. day of Click here to enter text. 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and Consultant name, a type of organization, e.g., corporation, and state in which it is incorporated (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $Click here to enter text. for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “ Click here to enter text. ,” which is incorporated by reference.

1. SCOPE OF SERVICES.

A. CONSULTANT will perform general engineering services listed in the attached Exhibit “A” which is incorporated by reference.

14 49
C. Cons
ulting services required by CITY will be provided on an as -needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.

D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

E. CONSULTANT’s duties and services under this agreement may not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY retains responsibility for public contracting, including with respect to any subsequent phase of a project. CONSULTANT's participation in the planning, discussions, or drawing of project plans or specifications are limited to conceptual, preliminary, or initial pl ans or specifications.

2. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfa ction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

3. PREVAILING WAGES.

B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of 15 50
per di
em wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONSULTANT must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONSULTANT’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONSULTANT or any subcontractor.

i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or

ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or

iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state wide or locally, or

iv. When CONSULTANT provides evidence that CONSULTANT
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

vi. CONSULTANT and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of 16 51
Indus
trial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONSULTANT must provide copies of the records at its cost.

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “Click here to enter text. ”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the cur rent fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

C. Payments over $Click here to enter text. for Additional Work must be approved by CITY’s city council. All Additional Work will be sub ject to all other terms and provisions of this Agreement.

17 52

7. FA
MILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the s ite and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will imm ediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be from Click here to enter a date. to Click here to enter a date. . Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “Click here to enter text.”;

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

18 53

10. TI
ME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

List exhibits – scope of work first; budget (if applicable) next; and proposal last

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

19 54
C. Upon r
eceiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own ris k. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, M icrosoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT ’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any 20 55
other
person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

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

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

21 56

22. AUDI
T OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

Type of Insurance Limits

C ommercial general liability: $2,000,000

Professional Liability $2 ,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form s. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy cover age. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY w ill be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. Professional liability coverage will be on an “occur rence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its office rs, employees or agents 22 57
duri
ng the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

23 58

26. NOT
ICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Ronald K. Fuchiwaki, Public
Works Director
Attention: Click here to enter text.

City of Simi Valley City of Simi Valley
2929 Tapo Canyon Road Click here to enter text.

Simi Valley, CA 93063 Click here to enter text.

Staff Contract: Fuad Shamout, Principal
Engineer, (805) 583-6788
phone
[email protected] email

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices wi ll be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentag e, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
24 59

Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
25 60

40. STA
TEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form:

INSERT NAME OF COMPANY ABOVE

By:

Algeria R. Ford, City Attorney
Print Name:

Approved as to Content: Title:

By:

Samantha C. Argabrite, City Manager
Print Name:

Title:

Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki
Public Works Director
26 61
RFP NO. PW 24-08R

SUBMIT WITH PROPOSAL

27 EXHIBIT B – COST PROPOSAL

62 RFP NO. PW 24-08R

SUBMIT WITH PROPOSAL

28 EXHIBIT C – INSURANCE REQUIREMENTS

To be awarded this contract, the successful Proposer must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $ 2,000,000
Professional liability $ 2,000,000
Business automobile liability $ 1,000,000
Workers compensation Statutory requirement.

Commercial general liability insurance must meet or exceed the requirements of the most recent ISO - CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Professional liability coverage must be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect.

Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

By signing this form, the Proposer certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this form may render the Proposer’s proposal “nonresponsive.”

__________________ ____________________________
Date Proposer

63 APPENDIX A
Request for Qualifications - Application Form
29 64

REQUEST FOR QUALIFICATIONS

APPLICATION FORM
Legal Contractual Name of Company: ________________________________________________ Corporate Mailing Address: ________________________________________________________ City, State and Zip Code: __________________________________________________________ Phone Number: ______________________________ Fax: __________________________ Company Website: _______________________________________________________________ Contact Person for Proposal: _______________________________________________________ Title: _____________________________________ Phone: ___________________________ E-Mail Address: _________________________________ Fax: __________________________ Do you have a City of Simi Valley Business License?
☐ YES - License Number: __________________ Exp.: ____________ ☐ NO - A City of Simi Valley Business License must be obtained upon award of contract.

Is your business: (check one)
☐ NON-PROFIT CORPORATION ☐ FOR PROFIT CORPORATION
Is your business: (check one)
☐ CORPORATION ☐ LIMITED LIABILITY PARTNERSHIP
☐ INDIVIDUAL ☐ SOLE PROPRIETORSHIP
☐ PARTNERSHIP ☐ UNINCORPORATED ASSOCIATION
☐ OTHER: ______________________
State of Incorporation: ___________________ Federal Tax ID No.: _______________________ DIR Registration No.: ____________________

Optional: Two (2) individuals who will sign the contract if selected.

Name: _______________________________ Title: _____________________________ Email: ____________________________________________

Name: _______________________________ Title: _____________________________ Email: ____________________________________________
30 65

APPENDIX B
Statement of Qualification Forms
31 66
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____

1. 2.

3. 4.

TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.

AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").

The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

Page 1 of 2 ends

January 2020
32 67
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.

If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website

1. Click on the link titled Disadvantaged Business Enterprise;

2. Click on Search for a DBE Firm link;

3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

Page 2 of 2 ends

January 2020
33 68
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B
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q D ISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post -award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one -time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in -kind; specify: nature _______________ e deferred Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________ ________
Print Name: ________________________________ _______
Title: ________________________________ ____________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
34 69
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.

The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE -90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.

11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

14. Check all boxes that apply. If other, specify nature.

15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

16. Check whether or not a continuation sheet(s) is attached.

17. The certifying official shall sign and date the form, and print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL-Instructions Rev. 06-04
35 70
36 Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: City of Simi Valley 2. Contract DBE Goal: 0% --------- - - ---

3. Project Description: On-Call Inspection Services

4. Project Location: Various
----- ---- -------- -------- ---- --------- ------

5. Consultant's Name: 6. Prime Certified DBE: 0

7. Description of Work, Service , or Materials 8. DBE
Certification 9. DBE Contact Information 10. DBE% Supplied Number Local Agency to Complete this Section

17. Local Agency Contract Number:

11. TOTAL CLAIMED DBE PARTICIPATION %

18. Federal-Aid Project Number :

Consultant's Ranking after Evaluation:

IMPORTANT : Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required.

21. Local Agency Representative's Signature 22. Date 12. Preparer's Signature 13. Date

23. Local Agency Representative's Name 24. Phone 14. Preparer's Name 15. Phone

25. Local Agency Representative's TiUe 16. Preparer's Title DISTRIBUTION: Original - Included with consultant's proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street , MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of2
January 2019
71 37
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment

INSTRUCTIONS- CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant's Name - Enter the consultant's firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If l 00% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

10. DBE% - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation% - Enter the total DBE participation claimed. If the total% claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant's Ranking after Evaluation - Enter consultant's ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.

LPP 18-01 Page 2 of2
January 2019
72 APPENDIX C
Cost Proposal Forms
38 73
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date:

For Combined Rate
Fringe Benefit % = Combined ICR %
For Home Office Rate
= Home Office ICR %
For Field Office Rate
= Field Office ICR %
Fee =
Actual or Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
- -
-
- -
-
- -
-
- -
-
(Add pages as necessary. See Additional Sheet.)
Notes:

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.

1. 2.

3. 4.

5. Fringe Benefit %
Fringe Benefit %
OR
Hourly Billing Rates Hourly Range
+ General & Administrative %
Name & Job Title / Classification
+ General & Administrative %
+ General & Administrative %
(Classifications Only)
Effective Year of
Hourly Rate

Page 1 ends

39 74
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date:

Quantity Unit Unit Cost Total
Notes:

Subconsultant 2:

Subconsultant 3:

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 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.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Other:

Vehicle
Other:

Other:

Mileage Costs
Equipment Rental and Supplies
Schedule of Other Direct Cost Items (Add additional pages as necessary) Page __ of __
40 75
Cost Proposal
Specific Rate of Compensation for State/Federally Funded Projects Consultant: Contract Amount:

Project No.: Date:

Actual or Avg. % or $
Straight OT (1.5x) OT (2x) Hourly Rate Increase
- -
-
- -
-
- -
-
- -
-
- -
-
- -
-
- -
-
- -
-
- -
-
- -
-
(Add pages as necessary. See Additional Sheet.)
Name & Job Title / Classification Hourly Billing Rates Effective Year of Hourly Rate
Hourly Range
(Classifications Only)
Page _ of __
41 76
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page __ of __
Consultant: Prime or Subconsultant Date:

Project No.:

Home Office Personnel: Fringe Benefit % Overhead % Combined % NORMAL + + = 0.00%
OVERTIME + + = 0.00%
Field Office Personnel: Fringe Benefit % Overhead % Combined % NORMAL + + = 0.00%
OVERTIME + + = 0.00%
=
=
=
Non Exempt Employee Loaded Billing Rates
Exempt Employee Loaded Billing Rates
Notes:

Applicable Multiplier Fringe (Field)
General Administration %
General Administration %

0.00%

0.00%
Fee
Applicable Multiplier Delta Base (Field)
Loaded Rate Calculation
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)
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)
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.

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) 42 77
Cost Proposal with Prevailing Wages
Specific Rate of Compensation for State/Federally Funded Projects Page __ of __
Consultant: Project No.:

Straight

1.5 OT

2.0 OT
Straight

1.5 OT

2.0 OT
Straight

1.5 OT

2.0 OT
Straight

1.5 OT

2.0 OT
Straight

1.5 OT

2.0 OT
Straight

1.5 OT

2.0 OT
Straight

1.5 OT

2.0 OT
Straight

1.5 OT

2.0 OT
Straight
OT (1.5x)
OT (2x)
Name/Classification
Prevailing Wage work - Exempt or Non-Exempt
Home or Field Office Personnel
Fringe Benefits
Total Base Salary +
Fringe Benefits
Employee Actual Rate
(fringe benefits vary
year over year)
Base Salary
Estimate Fringe
Total = Base +
Fringe
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
(Add pages as necessary)
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)
Loaded Hourly Billing Rates
Effective Year of Hourly Rate
Prevailing Wage Rate
established by State DIR
(only applicable for
prevailing wage work)
Base Salary
43 78
Cost Proposal with Prevailing Wages (EXAMPLE)
Specific Rate of Compensation for State/Federally Funded Projects Page __ of __
Consultant: Prime or Subconsultant:

Project No.: Date:

Home Office Personnel: Fringe Benefit % Overhead % Combined % NORMAL 60.00% + 60.00% + = 180.00%
OVERTIME 60.00% + 60.00% + = 180.00%
Field Office Personnel: Fringe Benefit % Overhead % Combined % NORMAL 50.00% + 50.00% + = 150.00%
OVERTIME 50.00% + 50.00% + = 150.00%
= 6%
= 1.00
= 0.00
Non Exempt Employee Loaded Billing Rates
Exempt Employee Loaded Billing Rates
Notes:

50.00%

XX-XX-XXXX
General Administration %

60.00%

60.00%
General Administration %

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) 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)
City of Simi Valley

PW XX-XX
Fee
Loaded Rate Calculation
Prime

50.00%
Applicable Multiplier Delta Base (Field)
Applicable Multiplier Fringe (Field)
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)
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.

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.
44 79
Cost Proposal with Prevailing Wages (EXAMPLE)
Specific Rate of Compensation for State/Federally Funded Projects Page __ of __
Consultant: Project No.:
10/01/2023 -
9/30/2024
10/01/2024 -
9/30/2025
10/01/2023 -
9/30/2024
10/01/2024 -
9/30/2025
10/01/2023 -
9/30/2024
10/01/2024 -
9/30/2025
Straight 34.21$ 34.21$ 34.21$ 34.21$

1.5 OT 51.32$ 51.32$ 51.32$ 51.32$

2.0 OT 68.42$ 68.42$ 68.42$ 68.42$

15.41$ 15.41$ 15.41$ 15.41$ Straight 49.62$ 49.62$ 49.62$ 49.62$

1.5 OT 66.73$ 66.73$ 66.73$ 66.73$

2.0 OT 83.83$ 83.83$ 83.83$ 83.83$ Straight 42.17$ 43.44$ 45.00$ 46.35$ 42.17$ 43.44$

1.5 OT 63.26$ 65.16$ 45.00$ 46.35$

2.0 OT 84.34$ 86.88$ 45.00$ 46.35$

11.49$ 11.49$ 11.49$ 11.49$ Straight 53.66$ 54.93$ 56.49$ 57.84$

1.5 OT 74.75$ 76.65$ 56.49$ 57.84$

2.0 OT 95.83$ 98.37$ 56.49$ 57.84$ Straight 4.04$ 5.31$ 6.87$ 8.22$

1.5 OT 8.02$ 9.93$ (10.24)$ (8.88)$

2.0 OT 12.00$ 14.54$ (27.34)$ (25.99)$ Straight - $ - $ - $ - $

1.5 OT 11.94$ 13.85$ (6.32)$ (4.97)$

2.0 OT 15.92$ 18.46$ (23.42)$ (22.07)$ Straight - $ - $ - $ - $

1.5 OT - $ - $ (6.32)$ (4.97)$

2.0 OT - $ - $ (23.42)$ (22.07)$ Straight -$ -$ -$ -$

1.5 OT -$ -$ (3.92)$ (3.92)$

2.0 OT -$ -$ (3.92)$ (3.92)$ Straight 111.75$ 115.12$ 119.25$ 122.83$ 111.75$ 115.12$ OT (1.5x) 132.84$ 136.84$ 125.57$ 127.79$ 132.84$ 136.84$ OT (2x) 153.92$ 158.56$ 142.67$ 144.90$ 153.92$ 158.56$ 3% 3% 3%

42.17$ 43.44$ 45.00$ 46.35$ 42.17$ 43.44$

N/A N/A

Exempt Non-Exempt
Home or Field Office Personnel Field Field Field
Base Salary
Estimate Fringe
Total = Base +
Fringe
Prevailing Wage work - Exempt or Non-Exempt Non-Exempt
% Escalation Increase
Actual Hourly Rate and/or Average Hourly Rate
Hourly Range for Class
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)
Loaded Hourly Billing Rates
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 Inspector I Inspector II Inspector
(Add pages as necessary)
45 80
Certification of Direct Costs:

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

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

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

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

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

Prime Consultant or Subconsultant Certifying:

Name: Title*:

Signature: Date of Certification:

Email: Phone Number:

Address:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List of Services the consultant is providing under the proposed contract:

46 81

APPENDIX D
Additional Caltrans LAPM Forms
47 82
Local Assistance Procedures Manual Exhibit 9-F
DBE Running Tally of Payments
(11) Amount Paid to Prime To Date ($)
(14) DBE Cert.

Number
(15) Contract
Type
(16) Date of
Payment
(17) Amount of
This Payment
(18) Amount
Paid To Date
(19) Amount
Committed To
This DBE
Totals $0 $0 $0
COPY DISTRIBUTION: Original - Prime Contractor/Consultant, Copy - E-mail: [email protected]; Copy: Local Administering Agency List all DBEs regardless of tier, whether or not the firms were originally listed in Exhibit 10-O2 or 15-G as a DBE commitment. If the actual DBE utilization was different than that approved at the time of award, provide comments in box (20). All payments reported, including payments to contractor/consultant, are for the date listed. Select the most appropriate contract type (Agent, Consultant, Joint Venture, Manufacturer, Prime, Regular Dealer, Subcontractor, Truck/Haul, Service Provider) for the DBE from dropdown list.

By executing this 9-F, Contractor/Consultant represents and warrants, under penalty of perjury, that:

Contractor/Consultant contracted with the Disadvantaged Business Enterprise companies (DBEs) as set forth in their awarded bid on Contract number ____________________________ Contractor/Consultant paid the full amounts listed on their 9-F to the DBEs set forth in Contractor’s awarded bid, without reduction or offset. (21) Prime Contractor/Consultant Manager's Name (Print) (22) Business Phone Number (23) Date (13) DBE Subcontractor/Subconsultant
Name (20) Comments
(9) Business Name (10) Amount Prime Invoiced This Period ($) (12) Prime Certified DBE? (5) Contract Number (6) Total Contract Award Amount ($) (7) DBE Goal Percentage (%) (8) DBE Committed Percentage (%) EXHIBIT 9-F: DISADVANTAGED BUSINESS ENTERPRISE (DBE) RUNNING TALLY OF PAYMENTS Save this form using the following naming convention, [9 digit Federal Aid number]-[yyyymm]-[ss].xlsx. [yyyymm] is the reporting period. [ss] is two digit sequential numbering, applicable when consultant or contractor has more than one 9-F form to complete per pay period. For example, a valid saved file could read: 1234(567)-202207-01.xlsx. Prime contractors/consultants are required to submit this form no later than the 10th of the following month, after submitting an invoice for reimbursement that includes a payment to a DBE. If no payments have been made, do not submit the form. Email this form to [email protected] with a copy to their local administering agencies. Do not submit this form with the invoice, it will not be processed.
(1) Reporting Period (mm-yyyy) (2) Federal Aid Project Number (3) Caltrans District (4) Local Agency

Page 1 of 1 ends

January 2023
48 83
I I
Local Assistance Procedures Manual Exhibit 10-G
Individual A&E Task Order DBE Tracking Sheet
Exhibit 10-G: INDIVIDUAL A&E TASK ORDER DBE TRACKING SHEET Please fill out form in order

CONSULTANT NAME CONTRACT NUMBER FEDERAL PROJECT NUMBER TASK ORDER NUMBER

ADDRESS

CONSULTANT CONTRACT ADMINISTRATOR NAME PHONE NUMBER E-MAIL PROJECT TITLE:

PROJECT LOCATION:

SCOPE OF WORK
TOTAL MASTER CONTRACT AMOUNT: END OF CONTRACT DATE:

TASK ORDER AMOUNT: TASK ORDER BEGIN DATE: TASK ORDER END DATE:

TOTAL DBE CONTRACT ESTIMATE OF THIS TASK ORDER

CONSULTANT / SUBCONSULTANT DESCRIPTION OF WORK AMOUNT
(NON-DBE)
AMOUNT
(DBE) % OF DBE

SUBTOTAL

TOTAL TASK ORDER AMOUNT
COMMENTS ON DBE UTILIZATION DEFICIENCIES (COMMITTED VERSUS MET) AND PLANS TO MEET COMMITTED PERCENTAGES:
(If percent less than task order DBE goal, briefly state why in 1-2 sentences).

The consultant acknowledges the DBE listed in the DBE Task Order Utilization section above must be used, unless authorized by the Local Agency.

Approved By:

CONSULTANT CONTRACT MANAGERS SIGNATURE DATE LOCAL AGENCY ADMIN SIGNATURE DATE

Page 1 of 1 ends

January 2023
49 84
50 Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: City of Simi Valley 2. Contract DBE Goal: 0% _...;;___________________ -------- ------

3. Project Description : On-Call Inspection Services

4. Project Location : Various ------- ------------ ---- ---- - --------- -----

5. Consultant's Name: 6. Prime Certified DBE: D 7 . Total Contract Award Amount: $500,000.00

8. Total Dollar Amount for ALL Subconsultants : 9. Total Number of ALL Subconsultants :

10. Description of Work, Service, or Materials 11. DBE 13. DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount Local Agency to Complete this Section
$ 20. Local Agency Contract
N11mh,::::i,r· 14. TOTAL CLAIMED DBE PARTICIPATION

21. Federal-Aid Project Number :

22. Contract Execution %
n .. t.,.·
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT : Identify all DBE firms being claimed for credit , this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required.

23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date

25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION : 1. Original - Local Agency

2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

Page 1 ends

July 23, 2015
85 51
Local Assistance Procedures Manual Exhibit I 0-02
Consultant Contract DBE Commitment

INSTRUCTIONS - CONSULTANT CONTRACT DBE COMMITMENT

CONSUL TANT SECTION

1. Local Agency- Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant's Name - Enter the consultant's firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE .

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants - Enter the total dollar amount for all subcontracted consultants.

SUM= (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services , or materials to be provided . Indicate all work to be performed by DBEs including work performed by the prime consultant 's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE's Certification Identification Number . All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount " c olumn. %: Enter the total DBE participation claimed ("Total Participati on Dollars Claimed " divided by item "Total Contract .

Award Amount "). If the total% claimed is less than item "Contract DBE Goal," an adequately document ed Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM) .

15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

18. Phone - Enter the are a code and phone number of the person signing the consult ant's DBE commitm ent form.

19. Preparer's Title - Enter the position/title of the person signin g the consult ant's DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative's Signature - The person compl eting this section of the form for the Local Agency must sign their nam e to certify that the information in this and the Consult ant S ection of this form is complet e and accurate .

24. Date - Enter the date the DBE c ommitment form is signed by the Local Agency Representative.

25. Local Agency Representative's Name - Enter the name of the Local Agency Representa tive certifying the consultant's DBE commitment form.

26. Phone - Enter the are a code and phone numb er of the person sign ing the consult ant's DBE commitm ent form.

27. Local Agency Representative Title - Enter the position/titl e of the Loc al A gency Repres entative cert ifying the consultant 's DBE commitm ent form.

Page 2 ends

July 23, 2015
86 Local Assistance Procedures Manual Exhibit 10-S
Consultant Performance Evaluation
Exhibit 10-S Consultant Performance Evaluation

1. PROJECT DATA 2. CONSULTANT DATA
1a. Project (include title, location, and Activity/CIP No.) 2a. Consultant Name and Address 1b. Brief Description of Project (design, study, etc.) 2b. Consultant's Manager 1c. Budget Cost for Project: $_____________ 2c. Phone:
3a. Department (include section and division) 3b. Agency Project Manager (name & phone) 4a. Contract No.: Termination date: Base Fee: $
Agreement date: Date terminated: Contingency: $
4b. Amendment $ / # $ / #
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4c. Change Order $ / # $ / #
(Total Value) (Initiated by Agency) (Total Value) (Initiated by Agency) 4d. Total Fee per Agreement (4a. + 4b. + 4c.) $ Total Fee Paid $ (Do not include Contingency Listed in 4a.)
4e.

Preliminary 30% 70% 90% 100% Final
Per Agreement
Delivery Date
Acceptance Date
4j. Reasons for Change Orders: (Indicate total for each reason) 4g. Notice To Proceed (date) Errors/Omissions $ % of Base Fee Unforeseen Conditions $ % of Base Fee
4h. Number of Days (number) Changed Scope $ % of Base Fee Changed Quantities $ % of Base Fee
4i. Actual Number of Days (number) Program Task Options $ % of Base Fee

5.OVERALL RATING (Complete Section II on reverse, include comments as appropriate.) Outstanding Above
Average Average Below
Average Poor N/A
5a.
5b.
5c.
5d.
6a. Agency Design Team Leader Date:
6b. Agency Project Manager Date:
6c. Agency Public Works Manager Date:
6d. Consultant Representative Date:

6. AUTHORIZING SIGNATURES
4f. Historical Record of Key Submittal Dates (enter date or n/a if not applicable) Type of Services
(Design, study,
etc.)

3. AGENCY DEPARTMENT/SECTION RESPONSIBLE

4. CONTRACT DATA (Engineering Services)
Plans/Specifications accuracy
Consistency with budget
Responsiveness to Agency Staff
Overall Rating
See Reverse Side

Page 1 of 2 ends

LPP 13-01 May 8, 2013
52 87
Local Assistance Procedures Manual Exhibit 10-S
Consultant Performance Evaluation

PLANS/SPECIFICATIONS

ACCURACY
Outstanding Above
Avg.

Avg. Below
Avg.

Poor N/A Responsiveness
To Staff
Outstanding Above
Avg.

Avg. Below
Avg.

Poor N/A
Plans Specifications
clear and concise
Timely Responses
Plans/Specs
Coordination
Attitude toward Client and
review bodies
Plans/Specs
properly formatted
Follows directions and
Chain of responsibility
Code Requirements
covered
Work product delivered
on time
Adhered to Agency
Standard Drawings/Specs
Timeliness in notifying
Agency of major problems
Drawings reflect
existing conditions
Resolution of field
Problems
As-Built Drawings Consistency with
budget
Quality Design Reasonable Agreement
negotiation
Change Orders due to design
deficiencies are minimized
Adherence to fee schedule
Adherence to project
Budget
Section III EXPLANATIONS AND SUPPLEMENTAL INFORMATION
(Attach additional documentation as needed)
Item __________: _______________________________________________________________________ _______________________________________________________________________ Item __________: _______________________________________________________________________ _______________________________________________________________________ Item __________: _______________________________________________________________________ Item __________: _______________________________________________________________________ _______________________________________________________________________ Item __________: _______________________________________________________________________ _______________________________________________________________________ Item __________: _______________________________________________________________________ _______________________________________________________________________ *Indicates supporting documentation attached.

Page 2 of 2 ends

LPP 13-01 May 8, 2013
53 88

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ______ for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:

Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates

Page 1 of 3 ends

May 2020
54 89

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

Page 2 of 3 ends

May 2020
55 90

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:

Page 3 of 3 ends

May 2020
56 91
Local Assistance Procedures Manual Exhibit 17-F1 A&E On-Call Final Report-Utilization of Disadvantaged Business Enterprises (DBE) for On-Call Contracts Cert. #

16. TOTAL for Task Orders: $0.00
DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer, include with Final Report of Expenditures.

3. Caltrans District 4. Contract Completion Date1. Local Agency Contract Number

9. Task
Order
Number
$0.00 $0.00

23. Local Agency Representative’s Signature 24. Local Agency Representative’s Name 25. Phone 26. Date

17. ORIGINAL DBE COMMITMENT AMOUNT:

List actual amount paid to all DBEs and non-DBEs for all task orders. If actual DBE utilization percentage (or item of work) was less than that approved at the time of award, provide comments in Explanation Box.

I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT

18. Explaination Box:

Estimate from 10-O2.

20. Consultant Representative’s Name 22. Date21. Phone19. Consultant Representative’s Signature

I CERTIFY THAT THE CONTRACTING RECORDS OF THE DBE(S) HAS BEEN MONITORED

13. Contract Payments ($) 14. Date Work
CompletedDBE

2. Local Public Agency
EXHIBIT 17-F1: FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) FOR A&E ON-CALL CONTRACTS

15. Date of Final
Payment

6. Business Address 7. Orig. Contract Amount ($)5. Consultant 8. Final Contract Amount ($) Non-DBE

10. Federal
Project
Number

12. Task Order Description

11. Task Order DBE Firm
Name

Page 1 of 1 ends

January 2023
57 92

I I I
I I
I I I
I I I
Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE

1. Local Agency Contract Number 2. Federal-Aid Project Number 3. Local Agency 4. Contract Completion Date

5. Contractor/Consultant 6. Business Address 7. Final Contract Amount

8. Contract
Item
Number

9. DBE Contact Information

10. DBE
Certification
Number

11. Amount Paid
While Certified

12. Certification/
Decertification
Date
(Letter Attached)

13. Comments
If there were no changes in the DBE certification of subcontractors/subconsultants, indicate on the form.

I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT

14. Contractor/Consultant Representative’s Signature 15. Contractor/Consultant Representative’s Name 16. Phone 17. Date

I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED

18. Local Agency Representative’s Signature 19. Local Agency Representative’s Name 20. Phone 21. Date DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

Page 1 of 2 ends

July 23, 2015
58 93

Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change INSTRUCTIONS –DISADVANTAGED BUSINESS ENTERPRISES (DBE)

CERTIFICATION STATUS CHANGE

1. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

2. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

3. Local Agency - Enter the name of the local or regional agency that is funding the contract.

4. Contract Completion Date - Enter the date the contract was completed.

5. Contractor/Consultant - Enter the contractor/consultant’s firm name.

6. Business Address - Enter the contractor/consultant’s business address.

7. Final Contract Amount - Enter the total final amount for the contract.

8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors/consultants.

10. DBE Certification Number - Enter the DBE’s Certification Identification Number.

11. Amount Paid While Certified - Enter the actual dollar value of the work performed by those subcontractors/subconsultants during the time period they are certified as a DBE.

12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter sent out by the Office of Business and Economic Opportunity (OBEO) or the date of the Certification Certificate mailed out by OBEO.

13. Comments - If needed, provide any additional information in this section regarding any of the above certification status changes.

14. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the contractor/consultant’s firm must sign their name.

15. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the form.

16. Phone - Enter the area code and telephone number of the person signing the form.

17. Date - Enter the date the form is signed by the contractor’s preparer.

18. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to certify
that the contracting records and on-site performance of the DBE(s) has been monitored.

19. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the form.

20. Phone - Enter the area code and telephone number of the person signing the form.

21. Date - Enter the date the form is signed by the Local Agency Representative.

Page 2 of 2 ends

July 23, 2015 89
94 EXHIBIT D TWINING
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121

Page 1 of 15 ends

AGREEMENT NO. 3250039

PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN SERVICES

BETWEEN

THE CITY OF SIMI VALLEY AND
FILIPPIN ENGINEERING, INC.

FOR ON-CALL INSPECTION SERVICES, RFQ NO. 24-08R

THIS AGREEMENT is entered into this 21st day of October, 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and FILIPPIN ENGINEERING, INC., a California Corporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

1. SCOPE OF SERVICES.

A. CONSULTANT will perform general engineering services listed in the attached Exhibit “A” which is incorporated by reference.

D. CONSULTANT will, in a professional manner, furnish all of the labor, 122
City of Simi Valley
Agreement No. 3250039
Filippin Engineering, Inc.

Page 2 of 15 ends

CAP2455.CON.DDFilippin RFQ No. PW 24-08R
technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PREVAILING WAGES.

C. CITY directs CONSULTANT’s attention to Labor Code §§ 1777.5, 1777.6 123
City of Simi Valley
Agreement No. 3250039
Filippin Engineering, Inc.

Page 3 of 15 ends

CAP2455.CON.DDFilippin RFQ No. PW 24-08R
and 3098 concerning the employment of apprentices by CONSULTANT or any subcontractor.

i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or

ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or

iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state wide or locally, or

iv. When CONSULTANT provides evidence that CONSULTANT
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

vi. CONSULTANT and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

E. CONSULTANT and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem 124
City of Simi Valley
Agreement No. 3250039
Filippin Engineering, Inc.

Page 4 of 15 ends

CAP2455.CON.DDFilippin RFQ No. PW 24-08R
wages paid to each worker employed in connection with this Agreement.

6. ADDITIONAL WORK.

C. Payments over $300,000 for Additional Work must be approved by CITY’s City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.

125
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Agreement No. 3250039
Filippin Engineering, Inc.

Page 5 of 15 ends

CAP2455.CON.DDFilippin RFQ No. PW 24-08R

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

A. Completion of the work specified in Exhibit “A”;

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

126
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Page 6 of 15 ends

CAP2455.CON.DDFilippin RFQ No. PW 24-08R

Exhibit “A” Scope of Work
Exhibit “B” Schedule of Fees
Exhibit “C” City RFQ No. PW 24-08R
Exhibit “D” Consultant Proposal

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s 127
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Agreement No. 3250039
Filippin Engineering, Inc.

Page 7 of 15 ends

CAP2455.CON.DDFilippin RFQ No. PW 24-08R
mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

128
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Page 8 of 15 ends

CAP2455.CON.DDFilippin RFQ No. PW 24-08R

19. INDEMNIFICATION.

A. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT ’s officers, agents, employees, or representatives.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

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

Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control 129
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over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

23. INSURANCE.

Type of Insurance Limits

C ommercial general liability: $2,000,000

Professional Liability $2 ,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

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limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative 131
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description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Ronald K. Fuchiwaki,
Public Works Director
Attention: Brad Starr, PE.,
Principal
City of Simi Valley Filippin Engineering, Inc.
2929 Tapo Canyon Road 354 S. Fairview Suite D
Simi Valley, CA 93063 Goleta, CA 93117
Staff Contact: Fuad Shamout, Principal
Engineer, (805) 583-6788
(805) 729-0041
[email protected] [email protected]

27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
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31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military 133
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authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

134
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: FILIPPIN ENGINEERING, INC.

By:

Algeria R. Ford, City Attorney
Print Name: Gino Filippin

Approved as to Content: Title: President

By:

Samantha C. Argabrite, City Manager
Print Name: Paul Henderon

Title: Vice President
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki
Public Works Director

135
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lippin Engineering, Inc.

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CAP2455.CON.DDFilippin RFQ No. PW 24-08R
EXHIBIT – A
S

COPE OF WORK
T
he scope of work entails Professional Services in connection with design and construction of various public works projects within the City. These Professional Services will be assigned on an as -needed basis through the issuance of task orders depending upon the Department's project workload. Award of this annual contract does not necessarily guarantee the assignment of specific projects to the Consultant. The work, in general, may include but not limited to the following:

1. I
nspect work quality and materials used in a variety of Capital Improvement Projects to ensure compliance with applicable specifications, codes, ordinances, and regulations.

2. I
nspect street improvements projects including survey staking, subgrade preparation, and placement of various rehabilitation and maintenance treatments.

3. P
repare detailed documentation of construction progress and inspection using City designated forms. Prepare various reports on daily, weekly, monthly and yearly operations and activities.

4. A
ttend pre-construction and construction progress meetings as necessary.

6. D
iscuss, review, and/or verify project correspondence with Engineer , i ncluding request for information (RFI), request for clarification, and construction issues brought to the City’s attention by citizens.

7. R
eview contractor’s construction safety, public safety procedure, construction methods and procedures, and sequence of construction.

8. M
easure completed work to verify monthly pay requests and report all extra work items.

9. P
repare a list of items for correction (punch list) and prepare redlined as-built plans.

10. P
rojects may include construction/rehabilitation of streets, bridges, utilities, striping, etc.
136

EXHIBIT B FILIPPIN
137
138
139
140
141
142
143
144

CITY OF SIMI VALLEY
Home of The Ronald Reagan Presidential Library

REQUEST FOR QUALIFICATIONS

REQUEST FOR QUALIFICATIONS FOR ON-CALL INSPECTION SERVICES, RFQ NO. PW 24-0SR
3:30 P.M. ON SEPTEMBER 17, 2024
LATE PROPOSALS WILL NOT BE ACCEPTED.

EXHIBIT C FILIPPIN
145
RFQ NO.PW 24-08R
No c
ontractor or subcontractor may be listed in a proposal for a public works project submitted on or after March 1, 2015, unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5, or unless the contractor or subcontractor qualifies for an exception from this requirement, for proposal purposes only, as set forth in Labor Code section 1771.1(a) or unless the small project exemption applies (total cost of project: $25,000 for public works or $15,000 for maintenance). If contractor or subcontractor believes that such an exception in 1771.1(a) applies, it must provide the applicable exception(s) in its proposal. Even those contractors or subcontractors who qualify for an exception under 1771.1(a) must be registered with DIR at the time of award, if such award is made on or after April 1, 2015.

No c
ontractor or subcontractor may be awarded a contract for public work on a public works project awarded on or after April 1, 2015 unless registered with DIR pursuant to Labor Code section 1725.5, unless the small project exemption applies.

T
his project is subject to compliance monitoring and enforcement by the DIR. 146
RFQ NO. PW 24-08R
C

ITY OF SIMI VALLEY

DEPARTMENT OF PUBLIC WORKS
RE

QUEST FOR QUALIFICATIONS FOR ON-CALL INSPECTION SERVICES, RFQ NO. PW 24-08R

TABLE OF CONTENTS
RE
QUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT FORM ....................................... 1 STATEMENT OF QUALIFICATIONS FORM ............................................................................. 2 STATEMENT OF QUALIFICATIONS REQUIREMENTS .......................................................... 4 FEDERAL FUNDING AND DBE REQUIREMENTS ................................................................ 12 STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES ............................ 13 EXHIBIT A - CONTRACT SAMPLE ......................................................................................... 1 4 EXHIBIT B – COST PROPOSAL ............................................................................................. 27 EXHIBIT C – INSURANCE REQUIREMENTS ........................................................................ 28

BUSINESS ENTERPRISES FOR ON-CALL CONTRACTS
EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE)

CERTIFICATION STATUS CHANGE
147
RFQ NO. PW 24-08R

SUBMIT WITH PROPOSAL
1 CITY OF SIMI VALLEY

REQUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT FORM
PR
OPOSALS ARE DUE: NO LATER THAN 3:30 P.M. ON SEPTEMBER 17, 2024.

T
he City of Simi Valley is seeking proposals from qualified firms to provide On -Call Inspection Services for public works projects, RFQ NO. PW 24-08R.

1. S
ubmit three original Technical Qualifications Proposals and one Cost Proposal in separate sealed envelopes to:

Fuad Shamout, Principal Engineer/Capital Projects
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
805 -583-6788

2. Proposer must honor proposal prices for 90 days.

3. Proposals must include this Proposal form and be signed by the vendor's authorized representative.

OPOSER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this Request for Qualifications. The undersigned agrees to furnish the commodity or service stipulated on this Proposal as stated above.
____________________________ __________________________________ Signature Company
____________________________ ___ _____________________________ Name (Print) Address
____________________________ ________________________________ Title of Person Signing Proposal Company Phone No.
148
RFQ NO. PW 24-08R
2 STATEMENT OF QUALIFICATIONS INFORMATION
T
he City of Simi Valley requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Qualifications (“RFQ”), the words "Proposer," "Contractor,” "Consultant," or “Firm” are used interchangeably.

I. Introduction/Background:

T
he City of Simi Valley (City), Department of Public Works (Department) is seeking interested firms to submit a Statement of Qualifications for On- Call Inspection Services associated with the design and construction of City public works projects. Some of these projects are federally funded and therefore are subject to applicable federal requirements, including 49 CFR 26 – Participation by Disadvantaged Business Enterprises. The DBE goal for these services is 0%. The term for this service will be two (2) years from the effective date, with an option to renew one (1) additional year.

II. Objective:

T
he RFQ objective is to retain one to two firms to provide On-Call Inspection Services for a contract amount not-to-exceed $300,000 for each firm.

III. Statement Of Work:

A. S
ervices to be Provided
T
he selected firm(s) shall provide the Professional Services in connection with design and construction of various public works projects within the City. These Professional Services will be assigned on an as-needed basis through the issuance of task orders depending upon the Department's project workload. Award of this annual contract does not necessarily guarantee the assignment of specific projects to the Consultant.

The work, in general, may include but not limited to the following:

1. I
nspect work quality and materials used in a variety of Capital Improvement Projects to ensure compliance with applicable specifications, codes, ordinances, and regulations.

2. I
nspect street improvements projects including survey staking, subgrade preparation, and placement of various rehabilitation and maintenance treatments.

3. P
repare detailed documentation of construction progress and inspection using City designated forms. Prepare various reports on daily, weekly, monthly and yearly operations and activities.

4. A
ttend pre-construction and construction progress meetings as necessary.

5. V
erify site conditions such as adequacy of survey staking, adjoining property conditions, vehicular traffic and pedestrian problems, utility interference, drainage conditions, workspace, storage, and stockpiling.
149
RFQ NO. PW 24-08R
3 6. Discuss, review, and/or verify project correspondence with Engineer , i ncluding request for information (RFI), request for clarification, and construction issues brought to the City’s attention by citizens.

7. Re
view contractor’s construction safety, public safety procedure, construction methods and procedures, and sequence of construction.

8. M
easure completed work to verify monthly pay requests and report all extra work items.

9. P
repare a list of items for correction (punch list) and prepare redlined as -built plans.

10. P
rojects may include construction/rehabilitation of streets, bridges, utilities, striping, etc.

IV. Method of Payment
T
he method of payment for this Contract will be Specified Rates of Compensation. The Consultant will be paid at an agreed and supported specific fixed hourly rate for each class of employee engaged directly in the work. The specific rates of compensation are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee.

V. Time Schedule
T
he initial term of this Agreement will be two (2) years from the effective date, with an option to renew one (1) additional year.

VI. Schedule of Events
T
he f ollowing is a tentative schedule of events. Should the City require a change in schedule, the prospective Proposers will be notified:

ACTION DATE
Request for Qualification Issued August 23, 2024
Last Day to Submit Inquiries September 6, 2024
Addendum Issued for Submitted Inquiries (if required) September 9, 2024 RFQ Submission Deadline 3:30 p.m., September 17, 2024
City Council Award October 21, 2024
VII. Inquiries
Q
uestions and requests for clarifications about this RFQ must be submitted no later than the date stated in the Proposal Schedule for response. No questions other than written or e-mail will be accepted, and no response other than written will be binding upon the City.
150
RFQ NO. PW 24-08R
4 STATEMENT OF QUALIFICATIONS REQUIREMENTS
T
hree copies of the Technical Qualifications Proposal and one copy of the Cost Proposal must be sealed in separate envelopes and be received by the City of Simi Valley, Department of Public Works, 2929 Tapo Canyon Road, Simi Valley, CA 93063, Attn: Fuad Shamout , at or before 3:30 P.M. on September 17, 2024.

I. Statement of Qualifications Content
S
ubmitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit all requested information will result in elimination from proposal evaluation. Each Proposal must be submitted in two parts:

P art I : Technical Proposal (three copies)
P
art II: Cost Proposal (one copy)
A. Part I. Technical Proposal

1. R
equest for Proposal Acknowledgement Form.

2. A
ppendix A, “Request for Qualifications – Application Form”.

3. C
over Letter.
a. I nclude the name, address, and telephone number of the company, and signed by the person or persons authorized to represent the firm. b. T eaming is allowed.
c. C over Letter must stipulate that the proposals are firm offers for at least ninety (90) days.
d. A ll addendums received must be acknowledge in the cover letter .

4. T
able of Contents. Clearly identify material contained in the Proposal by section and page number.

5. S
ection 1: Introduction. Contents to be determined by Proposer.

6. S
ection 2: Methodology.
a. D
escribe the methodology and techniques to be employed.
b. Provide a detailed explanation of the work and intended approach. This should convey the applicants understanding of the work and demonstrate the necessary experience and management skills.

7. S
ection 3: Project Management. Describe the proposed management structure and organization of contracting group.

8. S
ection 4: Key Personnel and Subcontractors.
151
RFQ NO. PW 24-08R
5 a. Provide an organizational chart showing the relationship of all key personnel.

For each key personnel, provide a brief resume including the following:
i. Q
ualifications and experience on similar projects.
ii. P
roposed role and responsibilities.
iii. A
pplicable licenses and/or special qualifications.
i
v. Home office location.
v. E
stimate of time allocation for required services.
b. I
f subcontractors are to be used, identify each of them in the proposal.

9. S
ection 5: Qualifications and References.
a. S
ubmit the ‘Statement of Proposer’s Qualifications and References ’ form.

Please included additional page(s), if necessary.
b. D
escribe the qualifications of the firm, key staff and each sub- contractor in performing skilled On- Call Inspection Services for a variety of public works projects within the last five (5) years and demonstrate competence to perform the work described in the statement of work. Information shall include:
i. Li
st and describe three contracts performed by your firm in the last five (5) years, of comparable size and scope of work.
ii. I
dentify key personnel and support staff linked to referenced projects and their responsibilities with respect to the scope of work. iii. Leng
th of time your firm has engaged in providing the work included within the statement of work under the present business name. i
v. Provide at least three (3) references that received similar services from your firm. The City reserves the right to contact each of the references listed for additional information. References shall include:
• Clie
nt Name and Address
• Contact’s Name, Phone Number, and E-mail
• Project Description
• Project start and end date
• Contract Amount
152
RFQ NO. PW 24-08R
6 10. Section 6: Conflict of Interest. Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the Proposer will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.

11. S
ection 7: Forms: The Consultant is to complete all required forms found in Appendix B . Required forms shall be included in the Technical Qualifications Proposal.

B. Part II. Cost Proposal
Ma
rk-ups on sub-consultants costs and other direct costs will not be allowed.

E
ffective date of rates must include a minimum of two years from the City Council Award date stated in the proposed scheduled October 21 , 2024, thru October 20, 2026.

1. State and/or Federally Funded Costs
a. Cost Proposal must be submitted using the applicable forms found in Appendix C. Electronic version of the Cost Proposal form is available on the City of Simi Valley Website as shown below.
• https://www.simivalley.org/departments/administrative- services/support-services-purchasing/bids-proposals
b. The firm’s cost proposal shall include a complete table of costs for the proposed professional services, including a list of team members with job classification, hourly billing rates for each classification, billing multiplier, indirect cost rates (ICRs), and other direct costs (ODCs).

2. Non State and/or Federally Funded Costs
a. The firm’s cost proposal shall include a complete table of costs for the proposed professional services, including a list of team members with job classification, hourly billing rates for each classification and effective dates of rates. Rate sheets are allowed.

II. Statement of Qualification Submission
A
ll Proposals must be submitted according to the specifications set forth in the Statement of Qualifications Requirements Section 1, Statement of Qualifications Content and in this section. Failure to adhere to these specifications may be cause for rejection of the Proposal.

A. Signature. A person authorized to contractually bind the Proposer MUST sign all 153
RFQ NO. PW 24-08R
7 Proposals.

B. Due Date. The Proposer must submit three complete sealed copies of each of the Technical Proposal and Cost Proposal, with the following:

1. N
ame and address of the Proposer, plainly marked in the upper left-hand corner.

2. T
itle of the Proposal, including the words “RFQ No. PW 24-08R.”

3. A
ll Proposals must be received on at or before 3:30 P.M. on September 17, 2024, and should be directed to:

Fua
d Shamout, Principal Engineer/Capital Projects
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
Lat
e Proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.

4. Addenda. City may modify the Proposal and/or issue supplementary information or guidelines relating to the RFQ during the proposal preparation period of August 23, 2024 to September 12, 2024.

5. Rejection. A Proposal may be deemed nonresponsive and may be immediately rejected if:
a. I
t is received at any time after the exact date and time set for receipt of proposals; and/or
b. I
t is not prepared in the format prescribed; and/or
c. I
t signed by an individual not authorized to represent the firm.

III. Evaluation of Proposals
Cit
y staff will review the Statement of Qualifications in accordance with the Schedule noted above. The Technical Qualification Proposal will be evaluated by City staff based 154
RFQ NO. PW 24-08R
8 on the following criteria:
• U
nderstanding of the scope of work (weighted 15%).
• E
xpertise and experience of the team to be assigned (weighted 25%). • R
elated experience on public works projects (weighted 30%). • A
pproach to performing this type of service (weighted 15%). • F
amiliarity with Federal & State requirements and procedures (weighted 10%). • Loc
al Presence and DBE (weighted 5%)
A
ranking will be performed according to the City's qualification selection procedure and only the top contenders will be considered further.

T
he Cost Proposal is not used in the ranking process and will not be opened by the City until the Technical Qualification Proposals have been ranked. The Proposer rated as most qualified to perform the requested services may be invited to negotiate a final agreement. If an agreement is not reached, negotiations may be terminated and will commence with the next most qualified Proposer.

Recommendation to City Council for Contract Award
The successful Proposer/s will be selected by the evaluation committee based upon the criteria set forth above and the City’s sole discretion. A recommendation will then be made to the City Council for award. The City is under no obligation contract with any Proposer. 155
RFQ NO. PW 24-08R
9 PROPOSAL TERMS AND CONDITIONS
Submitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording “Proposal,” proposal number and closing date marked on the outside; (b) Proposals/corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record.