MEMO
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
DATE: July 1, 2025
SUBJECT: Agenda item 1 1.j. – Correction to the staff report, resolution, agreement, and cost summary to reflect the correct amount of $85,922.50. _____________________________________________________________________________________
Agenda Item:
11) CONSENT CALENDAR:
j. Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with BHT Engineering, Inc. for the design phase of the Filburn Avenue WEST CMAQ Project in an amount not to exceed $85,922.50 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $15,000.00, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
H U 5
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 1, 2025
SUBJECT: Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with BHT Engineering, Inc. for the design phase of the Filburn Avenue WEST CMAQ Project in an amount not to exceed $8 5,922.50 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $15,000.00.
Recommendation:
Staff recommends the City Council:
1) Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with BHT Engineering, Inc. for the design phase of the Filburn Avenue WEST CMAQ Project in an amount not to exceed $8 5,922.50 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $15,000.00; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
Staff has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project is categorically exempt pursuant to CEQA Section 15301C as it safeguards against injuries, improving the safety of pedestrians. Thus, no environmental review is required.
Discussion:
The City applied for two Congestion Mitigation and Air Quality (CMAQ) grants along Filburn Avenue in 2023. One from Central to Palm and the other from Griffith to G Street.
Both Projects include paving, sidewalks, bike lanes, and ADA ramp improvements on the South side of Filburn Avenue.
STAFF REPORT
City of Wasco
H U 5
Following the award of these grants , the Staff requested funding allocations for the design phase and subsequently received these allocations in April of 2025. Following receipt of the al location, the Staff prepared and advertised a request for design proposals on May 10, 2025. Three (3) Proposals were received on June 4, 2025 , and following Caltrans A&E guidelines, were reviewed for completeness, compliance with RFP requirements, and the qualifications of the proposers were individually ranked by a panel of City Staff.
After reviews were conducted, the Staff disqualified one of the bidders for not submitting required documentation and notified the proposer of this action. The remaining (2) Firms were interviewed, and ranking was concluded.
In conclusion of the rankings, the Staff unanimously agreed that BHT Engineering Inc. received the highest score. As such, Staff recommends awarding the design to BHT Engineering, Inc.
Fiscal Impact:
In the City Capital Improvement Project budget, the Council approved the CMAQ Filburn Shoulder Improvements – West Project. The project has an approved CIP design budget of $113,406.00 for the 24/25 FY . With BHT’s cost proposal not to exce ed $85,922.50 plus $15,000 change order contingencies, the Project design is within budget.
Attachments:
1. Resolution
2. Agreement
3. Cost Analysis
RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO AWARD, FINALIZE, AND ENTER INTO AN AGREEMENT FOR DESIGN WITH BHT ENGINEERING, INC. FOR THE FILBURN AVENUE CMAQ (WEST) PROJECT IN AN AMOUNT NOT TO EXCEED $85,922.50 AND AUTHORIZE THE CITY MANAGER OR DESIGNEE
TO EXECUTE CONTRACT CHANGE ORDERS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF $15,000.00
WHEREAS, the City of Wasco wishes to contract with BHT Engineering, Inc. for the Filburn Avenue CMAQ (West) Project design services; and
WHEREAS, the services provided are described in the Agreement found in Exhibit “A” ; and
WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and
WHEREAS, BHT Engineering, Inc., and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and
WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and
WHEREAS, BHT Engineering, Inc. agrees to comply with the State prevailing wage determinations in effect ten days prior to the bid opening of June 4, 2025; and
WHEREAS, allowing the City Manager or designee to execute Contract Change Orders not to exceed $15,000.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco, as follows:
SECTION 1: authorizes the City Manager or designee to finalize and execute an Agreement with BHT Engineering, Inc. in an amount not to exceed $85,922.50.
SECTION 2: authorizes the City Manager or designee to execute Contract Change Orders in an amount not to exceed $15,000.00.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2025. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 1 , 2025, by the following vote:
COUNCIL MEMBERS: MEDINA, MARTINEZ, REYNA, SALDAÑA, RAYA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VALENTIN MEDINA,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
1 AGREEMENT
THIS AGREEMENT, made this _____ day of __________________, 20___, by and between the CITY OF WASCO, hereinafter called “City”, and BHT Engineering, Inc. hereinafter called “Engineer”.
WITNESSETH:
WHEREAS, City wishes to hire BHT Engineering for Engineering Services as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1 . The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. City hereby contracts with Engineer to perform the Services pursuant to the terms and conditions of this Agreement and Engineer is agreeable thereto.
3. Engineer agrees to complete the Services on a time and materials basis, utilizing the employee rates attached hereto as Exhibit “ A” and by this reference made a part hereof (the “Fee”) for a total price of not to exceed $ 85,922.50 which shall represent the full and complete compensation due and owing. Engineer shall bill City by invoices no more often than monthly for the Services . E ach invoice shall set forth the Services performed and the amount due and owing which may be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, each invoice shall be submitted to the City Council at the next regular1y scheduled meeting for which the matter can be presented for consideration. Upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
(a) Engineer acknowledges that State and/or Federal funds are being utilized to assist in the funding of the construction required in this Agreement and agrees that any required terms, conditions or covenants related to the funding not specifically made a part of this Agreement are hereby incorporated by this reference and shall be made a part of this Agreement.
4. Engineer shall complete the Services within an approved amount of days from the date of a Notice to Proceed from the City. In the performance of Engineer 's 2 duties hereunder, Engineer shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Engineer's sole cost and expense. Information, data, plans and s pecifications, and all other documents drafted or created by Engineer or on behalf of Engineer for City shall belong to City and Engineer hereby assigns all of its copyrights and interests therein to City, irrevocably and forever, and agrees that City shall be the owner of all such copyrights.
5. NULL
6. Engineer and any subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement or the work to be provided for hereunder.
7. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
8. (a) Engineer shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from Engineer’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Engineer, Engineer’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City’s sole active negligence or willful misconduct.
(b) In the event Engineer is a " design professional" as defined in Civil Code Section 2782.8, the Engineer shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Engineer and only for the Engineer’s proportionate percentage of fault.
9. Engineer represents and warrants that Engineer has workers compensation insurance as required by statute. Engineer represents and warrants that Engineer has professional errors and omissions insurance coverage in amounts not less than $1 million per claim. Engineer represents and warrants that Engineer has general public liability 3 insurance in the amount of $1,000,000 per occurrence and Engineer shall name City, its officers, councilmembers, and employees as additional insureds on its general liability insurance policy which shall be primary to any liability insurance policy or joint powers coverage maintained by the City and which shall provide City with at least ten days prior notice to termination or reduction in coverage.
10. In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Engineer is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperformance or other breach of this Agreement, City shall so notify Engineer in writing and this Agreement shall be immediately terminated thereafter.
In addition to the foregoing, City may terminate this Agreement upon ten (10) days written notice to Engineer at City's sole and absolute discretion. In the event of any termination, Engineer shall be entitled to payment for Engineer's performance of its obligations hereunder to the date of termination except for that performance which is the subject of Engineer’s default, subject to City's approval and acceptance of Engineer's performance.
11. a) Information, data, plans and specifications, and all other documents prepared by Engineer or others for City or on behalf of City shall be retained and maintained for City by Engineer in its office at no additional cost to City, with a final set to be delivered to City digitally, manually and/or hand carried. Engineer shall release all such files and documents as instructed by City from time to time, and all such files and documents shall belong to City.
(b) All documents produced, written, authored, coauthored or prepared by Engineer pursuant to this Agreement or in which Engineer has had any input whatsoever (the "City Documents") shall belong to City and City shall be the sole owner of same whether maintained on City premises or at Engineer’s offices. Engineer hereby assigns all copyrights to the foregoing to City. Any City Documents maintained at Engineer’s offices shall be transferred to City upon City's request at no charge to City. Any City Documents maintained at Engineer’s offices shall not be destroyed or removed without City's prior written consent, provided, however, that if Engineer does not wish to maintain them and City will not agree to their destruction, Engineer shall have the right to return them to City and City shall accept them. Engineer shall release all City Documents as instructed by City in writing from time to time.
12. The City, Engineer, and all subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.
13. The
Engineer agrees to comply with the State and Federal prevailing wage determinations (whichever is the higher of the two) as described in Sections 1720 et seq. of the California Labor Code. . These wage determinations and regulations are considered a part of this Agreement.
4 14. Engineer shall not assign any portion of this Agreement to any other person or entity without City’s prior written consent, which consent may be given, denied, or conditioned in City’s sole and absolute discretion.
15. If t
his Agreement or any portion of same shall be considered invalid by any court of competent jurisdiction, the invalid portion shall not affect the validity of the remainder of the Agreement which shall continue in full force and effect as if the invalid portion had not been included therein.
16. A
ny notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the party to be noticed or (a) on the next business day following deposit of the notice with an overnight delivery service, provided the overnight carrier's records confirm delivery or such date as shown on the overnight carrier’s records, (b) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("email"). The following addresses shall be used: City – City Manager, 746 8th Street, Wasco, California 93280, Fax - (661) 758-7214, Email – [email protected]; and Engineer – B
HT Engineering 218 S. H Street, Suite 201
Bakersfield, California 93304 Fax - (661) 558-4641, Email – [email protected] .
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.
17. Thi
s Agreement may be amended only by a writing executed by all parties.
18. T
he parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.
19. T
his Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreeme nt or understanding pertaining to any such matter shall be effective.
20. T
his Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.
21. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
22. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
5 23. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Engineer shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual except as described in Section 14.
24. T
he parties hereby incorporate the terms and conditions set forth in Exhibit “C” attached hereto and by this reference made a part hereof. To the extent of any conflict or inconsistency between the provisions contained within the text of this Agreement and those in Exhibit C, the terms of Exhibit C shall prevail.
IN
WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Wasco
By
:________________________________
M. S
cott Hurlbert, City Manager
B
HT, Engineering
By
: ____________________________
Name: Juan Pantoja,
6 EXHIBIT “A”
7 EXHIBIT “B”
CITY OF WASCO CALTRANS FEDERALLY FUNDED PROJECTS PROVISIONS ART
ICLE I COS T PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, s
hall be used to determine the allowability of individual terms of cost.
B. The C
ONSULTANT also agrees to comply with Federal procedures in accordance wi th 2 C
FR Part 200, Uniform Administrative Requirements, Cost Principles, and Audi t R
equirements for Federal Awards.
C. A
ny costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to r
epayment by the CONSULTANT to LOCAL AGENCY.
D. When a C
ONSULTANT or Subconsultant is a Non-Profit Organization or an Instituti on of H
igher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrativ e R
equirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE II RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSU LTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ART
ICLE III AUDIT R EVIEW PROCEDURES
A. A ny dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. N
ot later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. 8 C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will ex cuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. C
ONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limi ted to, an A
GREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review i t
i
s CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local governm ent offi
cials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audi t
r
eport shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments hav e
ac
cess to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. C
ONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI) . IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cos t P
roposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the
C
ONSULTANT to incorporate the Work Paper Review recommendations included i n the m
anagement letter or audit recommendations included in the audit report will be considered a br
each of the AGREEMENT terms and cause for termination of the AGREEMEN T and di
sallowance of prior reimbursed costs.
1. D
uring IOAI’s rev iew of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant IC
R {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the A
merican Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
A
ccepted rates will be as follows:
a. If
the proposed rate is less than one hundred fifty percent (150%) - the accepted rate r
eimbursed will be ninety percent (90%) of the proposed rate. b. If
the proposed rate is between one hundred fifty percent (150%) and two hundr ed per
cent (200%) - the accepted rate will be eighty -five percent (85%) of the proposed rate.
9 c.
If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If I
OAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require C
ONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the C
ONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is s
till unable to issue a cognizant approval letter after the revised independent CPA audited IC
R is submitted, overhead cost reimbursement will be limited to the accepted ICR t hat w
as established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CO
NSULTANT may submit to LOCAL AGENCY final invoice only when all of the following i
tems have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ART
ICLE IV EQUI PMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. P rior authorization in writing by LOCAL AGEN CY’s Contract Administrator shall be required befor
e CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring suc h co
sts.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($ 5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property.
N
onexpendable property is defined as having a useful life of at least two years and an ac
quisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best pric e
obtai
nable at a public or private sale, in accordance with established LOCAL AGENCY I
10 procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE V STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction Engineer or one of its sub Engineers solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
11 2. The pay roll records enumerated under paragraph (1) above shall be certified as correc t by
the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspecti on or
furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made av
ailable for inspection or furnished upon request to a representative of LOCAL A
GENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the
C
ONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the
bus
iness day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1)
abov
e, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon reques t to
the public or any public agency by LOCAL AGENCY shall be marked or obliterated i n s
uch a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsul tant per
forming the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address .
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragr aph
(
1) abov
e. In the event the CONSULTANT or Subconsultant fails to comply within the ten (
10) day
period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundr ed dol
lars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to
thi
s section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. P
ursuant to Labor Code §1775, the CONSULTANT and any Subconsultant 12 shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be bas
ed on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of
the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct r
ates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correc t r
ates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the pr
evailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to eac
h worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of
per diem wages by the Subconsultant to the employees by periodic review of th e c
ertified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently tak e
c
orrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work perform ed on the publ
ic works project, the CONSULTANT shall obtain an affidavit signed under penalty of per
jury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a
S
ubconsultant has failed to pay workers the general prevailing rate of per diem wages. 13 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid t he gener
al prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages ow ed under
the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty -five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of
the pr
ovisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that w
ork performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thous and
dol
lars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE VI CONFLICT OF INTEREST
A. D uring the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impac t upon the outc
ome of this AGREEMENT or any ensuing LOCAL AGENCY construction projec t. The C
ONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B
.CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of
ex
ecution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law. 14 C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE VII REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ART
ICLE V III PRO HIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL
FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. N
o State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member o f the
S
tate Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connecti on w
ith the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and
s
ubmit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. Thi
s certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to fil e
the r
equired certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The C
ONSULTANT also agrees by signing this document that he or she shall requir e that the
language of this certification be included in all lower tier subagreements, which exc eed one hundr
ed thousand dollars ($100,000), and that all such subrecipients shall certify and di
sclose accordingly.
15 ART
ICLE IX NON-DI SCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penal
ty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. D
uring the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, r eligious creed, color, nati
onal origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassm
ent.
C. C
ONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5,
and the r
egulations or standards adopted by LOCAL AGENCY to implement such articl e. The appl
icable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and m
ade a part hereof as if set forth in full.
D. C
ONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time duri ng the
normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause .
E. C
ONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CO
NSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The C
ONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title V I pr
ovides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistanc e
or
their assignees and successors in interest.
H. The C
ONSULTANT shall comply with regulations relative to non-discrimination i n feder
ally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall no t 16 participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CO
NSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone i n connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or thr ough contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ART
ICLE X DEBARMENT AND SUSPENSION CERTIFICATION
A. The C ONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is
not currently under suspension, debarment, voluntary exclusion, or determinati on of i
neligibility by any federal agency;
2. H
as not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. D
oes not have a proposed debarment pending; and
4. H
as not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. A
ny exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered i n deter
mining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. E
xceptions to the Federal Government Excluded Parties List System maintained by the U.S.
General Services Administration are to be determined by FHWA.
A
RTICLE XI DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract ( 49 C
FR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
C ONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification 17 Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.
A
ll DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." Thi
s AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is _________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. C
ONS
ULTANT can meet the DBE participation goal by either documenting commitments to D
BEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the
DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15- H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract As surance Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSU LTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal - aid c
ontracts.
Fai
lure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(
2) A
ssessing sanctions;
(3) Li
quidated damages; and/or
I
-
I
18 (4) Disqualifying CONSULTANT from future proposing as non-responsible E. Ter
mination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10- 02 Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials i f CONSULTANT shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Engineers License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
I
19 If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
F. C
ommitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date.
CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
U
pon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Sub Engineers and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. A
DBE is only eligible to be counted toward the AGREEMENT goal if it performs a c
ommercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine I
I
20 whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A
DBE does not perform a CUF if its role is limited to that of an extra participant in a tr
ansaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, ex
amine similar transactions, particularly those in which DBEs do not participate.
I. If a D
BE does not perform or exercise responsibility for at least thirty percent (30%) of the total
cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performi ng a CUF
.
J. C
ONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, r
egardless of tier. The records shall show the date of payment and the total dollar figure paid to al
l firms. DBE CONSULTANT’s shall also show the date of work performed by their ow n for
ces along with the corresponding dollar value of the work.
K. If a D
BE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a s
ubconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. A
fter submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime Engineer/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. A
ny subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
Local Agency : City of Wasco
Project Name : Filburn CMAQ WEST 5287(067)
Project Location : Filburn Ave. from Central Ave. to Palm Ave.
Control No. :
Local Agency Responsible Charge : Kameron Arnold
Phone : 661-758-7204
E-mail : [email protected]
Date : 6/19/2025
Local Agency Cost Estimate Description Unit
Construction Manager Hours
Contract Manager Hours
Administrative Assistant Hours
Principal Engineer Hours
Draftsman Hours
Mileage Miles
Soil Testing LS
Total:
Cost Proposal: (BHT ENGINEERING)
Professional Engineer Hours
Project Manager Hours
Assistant Project Manager Hours
Administrative Assistant Hours
Mileage Miles
Soil Testing LS
Total:
COST ANALYSIS
I
I
Quantity Unit Cost Amount -
50 140.00$ 7,000.00$ 4,900.00$
50 100.00$ 5,000.00$ 3,500.00$
50 70.00$ 3,500.00$ 2,450.00$
160 160.00$ 25,600.00$ 17,920.00$
200 120.00$ 24,000.00$ 16,800.00$
480 0.75$ 360.00$ 252.00$
1 15,000.00$ 15,000.00$ 10,500.00$
80,460.00$ 56,322.00$
250 165.00$ 41,250.00$
170 155.00$ 26,350.00$ Narrative:
75 110.00$ 8,250.00$
40 65.00$ 2,600.00$
450 0.65$ 292.50$
1 7,180.00$ 7,180.00$
85,922.50$
Color coding is intended to link cost estimate descriptions to proposed descriptions. Project total cost estimated to be $6,237.50 higher than cost estimate, but each individual (and total) cost is within the proposed 30% acceptable range. As such, no negotiation is necessary.
COST ANALYSIS
Acceptable Range (+/- 30%)
Negotiable via Range?
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
+
9,100.00$
6,500.00$
4,550.00$
33,280.00$
31,200.00$
468.00$
19,500.00$
104,598.00$
Color coding is intended to link cost estimate descriptions to proposed descriptions. Project total cost estimated to be $6,237.50 higher than cost estimate, but each individual (and total) cost is within the proposed 30% acceptable range. As such, no negotiation is necessary.
Acceptable Range (+/- 30%)